(a) Delegation of Authority. The City of Detroit Water and Sewerage Department, as the State-approved Control Authority, is hereby authorized to act as agent to the Village for the administration and enforcement of this section. The Village shall enter into a contract with the City of Detroit Water and Sewerage Department, which contract shall set forth the terms and conditions of such delegated authority, consistent with this chapter.
(b) Discharge Prohibitions. No user shall contribute or cause to be contributed to the POTW, directly or indirectly, any pollutant or waste water which will cause interference or pass through. These general discharge prohibitions apply to such users of the POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other Federal, State or local pretreatment standards or requirements. In addition, industrial users shall not contribute the following substances to the publicly-owned treatment works:
(1) Any liquid, solid or gas which, by reason of its nature or quantity, is sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to persons, the POTW, or the operation of the POTW. Pollutants which create a fire or explosion hazard in a POTW include but are not limited to wastestreams with a closed cup flash point of less than 140°F or 60°C using the test methods specified in 40 C.F.R. 261.21.
(2) Any solid or viscous substance, in concentrations or quantities which are sufficient to cause obstruction to the flow in a sewer or other encumbrance to the operation of the POTW, such as, but not limited to, grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, cement, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, strings, fibers, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining of fuel or lubricating oil, mud or glass grinding or polishing wastes, or tumbling and deburring stones.
(3) Any waste water having a pH less than 5.0 or more than 11.5 units.
(4) Any waste water containing petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, or toxic pollutants in sufficient concentration or quantity, either singly or by interaction with other pollutants, to cause interference or pass through or constitute a hazard to humans or animals.
(5) Any liquid, gas or solid or form of energy which either singly or by interaction with other wastes is sufficient to create toxic gas, vapor or fumes within the POTW in quantities that may cause acute worker health and safety problems, a public nuisance or hazard to life or is sufficient to prevent entry into the sewers for their maintenance and repair.
(6) Any substance which is sufficient to cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation processing where the POTW is pursuing a re- use and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria guidelines or regulations developed under Section 405 of the Act, with criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Toxic Substances Control Act or State criteria applicable to the sludge management method being used.
(7) Any substance which will cause the POTW to violate the Consent Judgment in U.S. EPA v City of Detroit, et al., C.A. No. 77-1100, or the City of Detroit's National Pollutant Discharge Elimination System permit.
(8) Any waste water having a color uncharacteristic of the waste water being discharged.
(9) Any waste water having a temperature which will inhibit biological activity in the POTW pretreatment plant resulting in interference, but in no case waste water with a temperature at the introduction into a public sewer which exceeds 150°F (66°C) or which will cause the effluence at the waste water treatment plant to rise above 104°F (40°C).
(10) Any pollutant which constitutes a slug.
(11) Any waste water containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with applicable State or Federal regulations.
(12) Any floating fats, oil or grease which is sufficient to cause interference with or pass through the POTW.
(13) Any solid materials having a specific gravity greater than 1.2 or a cross- section dimension of one-half inch or greater which are sufficient to cause interference with the POTW.
(c) Specific Pollutant Prohibitions. No industrial user shall discharge waste water containing an excess of the following limitations:
(1) Compatible pollutants.
A. Any fats, oil or grease (FOG) in concentrations greater than 1,500 mg/l based on the average of all samples collected within a twenty-four hour period.
B. Any total suspended solids (TSS) in concentrations greater than 7,500 mg/l based on a composite sample.
C. Any biochemical oxygen demand (BOD) in concentrations greater than 7,500 mg/l based on a composite sample.
D. Any phosphorous in concentrations greater than 250 mg/l based on a composite sample.
Unless otherwise stated, all limitations are based upon samples collected over an operating period representative of a user's discharge, and in accordance with 40 C.F.R. part 136.
(2) Noncompatible pollutants. No industrial user shall discharge waste water containing an excess of:
Total Arsenic | (As) | 1.0 mg/l |
Total Cadmium | (Cd) | 2.0 mg/l |
Total Chromium | (Cr) | 25.0 mg/l |
Total Copper | (Cu) | 2.5 mg/l |
Total Cyanide | (CN) | 1.0 mg/l |
Total Iron | (Fe) | 1,000.0 mg/l |
Total Lead | (Pb) | 1.0 mg/l |
Total Nickel | (Ni) | 5.0 mg/l |
Total Silver | (Ag) | 1.0 mg/l |
Total Zinc | (Zn) | 7.3 mg/l |
Total Phenolic Compounds (or see C. below) | 1.0 mg/l | |
All limitations are based on samples collected over an operating period representative of an industrial user's discharge, and in accordance with 40 C.F.R. Part 136.
A. The limitation for Total PCB is non-detect. Total PCB shall not be discharged at detectable levels, based upon U.S. EPA Method 608, and the quantification level shall not exceed 0.2 gm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of Total PCB, the user shall be required to demonstrate compliance. For purposes of this section, this demonstration may be made using analytical data showing that the Total PCB concentration is below the detection level, or submission of a BMP in accordance with Section 1042.11(w)(4).
B. The limitation for Mercury (Hg) is non-detect. Mercury (Hg) shall not be discharged at detectable levels, based upon U.S. EPA Method 245.1, and the quantification level shall not exceed 0.2 gm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of Mercury, the user shall be required to demonstrate compliance. For purposes of this section, this demonstration may be made using analytical data showing that the mercury concentration is below the detection level, or submission of a BMP in accordance with Section 1042.11(w)(4).
C. An industrial user may elect, in lieu of the Total Phenols Limitation specified in Section 1042.11(c)(2), to substitute specific limitations for each of the eight individual phenolic compounds identified under the Total Phenols Limitation. The following specific limitations, expressed in mg/l, shall be applied in lieu of the Total Phenols Limitation, upon election;
2-Chlorophenol 2.0 mg/l
4-Chlorophenol 2.0 mg/l
4-Chloro-3-methylphenol 1.0 mg/l
2,4-Dichlorophenol 5.5 mg/l
2,4-Dinitrophenol 2.0 mg/l
4-Methylphenol 5.0 mg/l
4-Nitrophenol 15.0 mg/l
Phenol 14.0 mg/l
Following election, the wastewater discharge permit shall be modified to incorporate these substituted parameters and an industrial user shall be responsible for monitoring and reporting compliance with these parameters.
(3) Compliance period. Within thirty days of the effective date of this section, the Department shall notify all existing industrial users operating under an effective wastewater discharge permit of the requirement to submit a compliance report within 180 days after of the effective date of this section. The compliance report shall demonstrate the user's compliance or non-compliance with these limitations, and in the event of non-compliance, include the submission of a plan and schedule for achieving compliance with the stated limitation. In no event shall a compliance schedule exceed eighteen months from the effective date of this section. An industrial user who does not demonstrate compliance may petition the Department for a second extension as part of an Administrative Consent Order. The Department, shall include appropriate monitoring, reporting, and penalties into an Administrative Consent Order that relates to a second extension, and shall enter into such an agreement only upon a good-faith showing by the industrial user of the actions taken to achieve compliance with this provision.
(d) National Categorical Pretreatment Standards. All users shall comply with the applicable National Categorical Pretreatment Standards and requirements promulgated pursuant to the Act as set forth in 40 C.F.R. Subchapter N, Effluent Guidelines and Standards, which are hereby incorporated by reference and with all other applicable standards and requirements, provided, however, that where a more stringent standard or requirement is applicable pursuant to State law or regulation, or to this division, then the more stringent standard or requirement shall be controlling. Affected dischargers shall comply with applicable reporting requirements under 40 C.F.R. Part 403 and as established by the Department. The National Categorical Pretreatment Standards which have been promulgated as of the effective date of this section are delineated in Appendix A at the end of this chapter.
(1) Intake water adjustment. Industrial users seeking adjustment of the National Categorical Pretreatment Standards to reflect the presence of pollutants in their intake water must comply with the requirements of 40 C.F.R. 403.15. Upon notification of the approval of the U.S. EPA, the adjustment shall be applied by modifying the permit accordingly. Intake water adjustments are not effective until incorporated into an industrial user's permit.
(2) Modification of Standards. The Control Authority may apply to the Michigan Department of Environmental Quality, or the United States Environmental Protection Agency, whichever is applicable, for authorization to grant removal credits in accordance with the requirements and procedures of 40 C.F.R. 403.7. Such authorization may be granted only when the POTW treatment plant can achieve consistent removal for each pollutant for which removal credit is being sought, provided that any limitation on such pollutant(s) in the NPDES permit are neither being exceeded nor pose the prospect of being exceeded as a result of the removal credit being granted. Should this authorization be given to the Control Authority, any industrial user desiring to obtain such credit shall make an application to the Control Authority, consistent with the provisions of 40 C.F.R. 403.7 and this chapter. Any credits which may be granted under this provision may be subject to modification or revocation as specified in 40 C.F.R. 403.7 or as determined by the Control Authority. A prerequisite to the granting of any removal credit may be that the industrial user pay a surcharge based on the amounts of such pollutants removed by the POTW, such surcharge being based on fees or rates which the Board may establish and, when appropriate, revise from time to time. Permits shall reflect or be modified to effect any credit granted pursuant to this section.
(3) New sources. Industrial users who meet the new sources criteria shall install, maintain in operating condition and "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time and not to exceed 90 days, new sources must meet all applicable pretreatment standards.
(4) Concentration and mass limits. When limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Department may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users. Equivalent limitations shall be calculated in accordance with Sections 40 C.F.R. 403.6(c)(3) and/or 40 C.F.R. 403.6(c)(4) and shall be deemed pretreatment standards for the purposes of 33 U.S.C. 1317(d) and of this division. Industrial users will be required to comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(5) Reporting requirements for industrial users upon effective date of categorical pretreatment standards-baseline report. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under Section 40 C.F.R. 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging into or scheduled to discharge into the Detroit POTW shall submit to the Department a report containing the information listed in 40 C.F.R. 403.12(b)(1) through (7). Where reports containing this information have already been submitted to the Director or regional administrator in compliance with the requirement of 40 C.F.R. 128.140(b), the industrial user will not be required to resubmit this information. At least 90 days before commencement of any discharge, each new source and any existing sources that become industrial users after the promulgation of an applicable categorical pretreatment standard shall submit to the Department a report which contains the information listed in 40 C.F.R. 403.12(b)(1) through (5). In such report, new sources shall include information concerning the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall provide estimates of the information requested in 40 C.F.R. 403.12(b)(4) and (5).
(e) Dilution Prohibited. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no user shall increase the use of process water or, in any way, dilute or attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve Categorical Pretreatment Standards or any other pollutant-specific limitation or requirement imposed by this chapter. Combining in-plant waste drains or modulating the release of pollutants upstream of the sampling point prior to the point of discharge into the public sewer shall not be construed as dilution except as otherwise restricted by National Categorical Pretreatment Standards or requirements.
(f) Hauled-In Waste Water. Any waste material or waste water which is hauled into or within the service region for discharge to the POTW is subject to the requirements of this division, including but not limited to permits. inspection, monitoring and enforcement. Unloading liquid or solid wastes from hauling vehicles directly into the POTW with or without the benefit of pretreatment is prohibited, unless the person proposing to unload such wastes has applied for and received a permit from the Control Authority for unloading such wastes in accordance with the Board's rules pertaining thereto. The discharger shall be subject to applicable terms, conditions, surcharges, fees or rates as established by the Board. Hauled-in waste water shall only be discharged at points designated by the POTW after authorization or approval issued pursuant to the general permit requirements specified in this section. The Control Authority may establish specific limitations for sludges from municipally owned or operated POTW treatment plants which are different than the specific limitations in this chapter.
(g) Centralized Waste Treatment. It is unlawful for a centralized waste treatment (CWT) facility to discharge any industrial waste or waste water into the POTW without a waste water discharge permit from the Department. Any authorization granted, or permit issued, by the Department to a centralized waste treatment (CWT) facility shall specify the type of waste water for which treatment is provided, and discharge approval is sought, from the POTW. Unless such industrial waste or waste water is determined by the Department to require further authorization, a centralized waste treatment (CWT) facility that has submitted an application to, and received previous approval from, the Department to discharge waste water is not required to obtain further authorization from the Department before discharging such waste water.
An industrial user that provides centralized waste treatment services and files an application for the treatment and discharge of such types of waste water to the POTW shall provide the following minimum information in support thereof:
(1) The general nature, source and process(es) generating the type of waste water. Any waste water, which is generated from those processes and is subject to national categorical pretreatment standards as delineated in Appendix A, shall be so designated;
(2) The identity of the toxic pollutants known or suspected to be present in the waste water;
(3) At least one sample report showing the results of an analysis for the EPA priority pollutants for each type of waste water for which application is made in division (g)(l) of this section;
(4) A statement, that is certified by a professional engineer, which addresses the treatability and compatibility of the waste water received or collected by the facility's treatment process(es);
(5) The identity of the materials and/or pollutants whose trans port or treatment are regulated by the EPA, by the State or by any other governmental agency. Upon request the centralized waste treatment (CWT) facility shall provide a copy of its permit and/or license to the Department; and
(6) Other information requested by the Department, including but not limited to information required by division (r)(3) of this section or by rules adopted by the Board.
The discharge from a centralized waste treatment (CWT) facility will be deemed approved for those specific types of waste water delineated in a permit and, upon issuance of such permit in accordance with the procedures contained in this Section 1042.11, will be deemed approved for discharge into the POTW. The centralized waste treatment (CWT) facility shall comply with all applicable provisions contained in this Section 1042.11 regarding permits. In furtherance of its obligations as control authority, the Department may include in the permit a requirement to report at selected intervals the information mandated in divisions (g)(1) through (6) of this section.
All users granted a permit under this division shall maintain records which, at a minimum, identify the source, volume, character, and constituents of the waste water accepted for treatment and disposal. These records may be reviewed at any time by the Department.
(h) Groundwater Discharges.
(1) Unless authorization has been granted by. the Department, the discharge of any groundwater into the POTW is prohibited.
(2) The Department may authorize the discharge of groundwater resulting from maintenance and related activities of gas, steam, or electrical utilities through the use of general permits. Subject to appropriate reporting requirements, the general permit shall authorize discharge in accordance with the terms of the permit. Utilities shall comply with this provision within 180 days after its enactment.
(3) If a person who proposes to discharge groundwater resulting from purge, response activity, or UST projects has applied for and received a permit from the Department, the Department may authorize the discharge of such waste water. Permits shall be issued in accordance with the procedures contained in this Section 1042.11, or in accordance with any rules adopted by the Board.
(i) Right of Revision. The Village reserves the right to establish rules or regulations adopted by the Board, additional or more stringent limitations or requirements on discharges to the POTW. Ninety days after adoption by the Board, industrial users shall comply with such rules and regulations.
(j) Accidental Discharges.
(1) A. Each industrial user which does not currently have an approved spill prevention plan or slug control plan shall provide protection from accidental discharge of prohibitive materials or other substances regulated by this chapter. Facilities and measures to prevent and abate accidental discharges shall be provided and maintained at the owner's or industrial user's cost or expense. Unless the significant user has an approved spill prevention or slug control plan, all significant users shall submit to the Control Authority detailed plans showing facilities and operating procedures to provide protection against accidental discharges. All existing significant users shall complete and submit such plans within 180 days of the effective date of this chapter. New significant users shall submit such a plan prior to the time they commence discharging.
B. For purposes of this section, the information provided shall include the approximate average and maximum quantities of such prohibited materials or substances kept on the premises in the form of raw materials, chemicals and/or waste therefrom and the containment capacity for each. Only substances that are in a form which could readily be carried into the POTW and constitute a concentration of 5% or greater in the raw material, chemical solution or waste material, are required to be reported. Volumes of less than 55 gallons, or the equivalent thereof, need not be reported unless lesser quantities could cause pass-through or cause interference with the POTW.
C. The industrial user shall promptly notify the Department of any significant changes or modifications to the plan, including but not limited to a change in the contact person or substance inventory.
(2) At least once every two years, the Department shall evaluate whether a significant industrial user needs a plan to control slug discharges, as defined by 40 C.F.R. 403.8(f)(2)(v). Unless otherwise provided, all significant users shall complete, implement and submit such a plan within 30 days of notification by the Department.
(k) Notification Requirements. Unless a different notice is provided by this division or application law, within one hour of becoming aware of a discharge into the POTW which exceeds or does not conform to Federal, State, Control Authority or Village laws, rules, regulations or permit requirements, or which could cause problems to the POTW, or which has the potential to cause the industrial user to implement its plan prepared in accordance with this section, the industrial user shall telephone the Control Authority at its control center and notify the Control Authority of the discharge. The notification shall include the name of the caller, the location and time of discharge, the type of waste water, the estimated concentration of excessive or prohibited pollutants and estimated volume. Within five calendar days after the discharge, the industrial user shall submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. When required by the Control Authority, the industrial user's waste water discharge permit shall be modified to include additional measures to prevent such future occurrences. Such notifications shall not relieve the industrial user of any expense, loss, damages or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other environmental impairment or any other damage to person or property. However, notification received pursuant to this division or information obtained by the exploitation of such notification shall not be used against any individual in any criminal case, except in prosecution for perjury or for giving a false statement. Such immunity shall not bar the criminal prosecution of non- natural persons nor shall it bar the pursuit of administration or civil remedies against any person.
(l) Notice to Employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of whom to contact in the event of an actual or potential excessive or prohibitive discharge.
(m) Recovery of Costs. Any user discharging in violation of any of the provisions of this chapter, which discharge produces a deposit or obstruction, or causes damage to or impairs the POTW, or causes the City of Detroit to violate its NPDES permit, shall be liable for any expense, loss, damage, penalty or fine incurred because of said violation or discharge. Prior to assessing such costs, the Control Authority shall notify the user of its determination that the user's discharge was the proximate cause of such damage, obstruction, impairment or violation of the City of Detroit's NPDES permit and the intent to assess such costs to the user. Any such notice shall include written documentation which substantiates the determination of proximate cause and a breakdown of cost estimates. Failure to pay the assessed costs shall constitute a violation of this chapter. Such charge shall be in addition to, not in lieu of, any penalties or remedies provided in this chapter or in other ordinances, statutes or regulations, at law or in equity.
(n) Hazardous Waste Notification. All industrial users who discharge into the Village Collection System shall notify the Department in writing of any discharge of a substance which, if otherwise disposed of, would be a hazardous waste as set forth in 40 C.F.R. Part 261. Such notification must comply with the requirements of 40 C.F.R. 403.12(p).
(1) The authorization is made in writing by the individual defined in Section 1042.03(3);
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility where the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(3) The written authorization is submitted to the Department.
(p) Pollution Prevention. The Department shall encourage and support industrial users to develop and implement pollution prevention programs which eliminate or reduce pollutant contributions beyond the levels required by this section. The Department may require an industrial user to implement pollution prevention initiatives as part of an enforcement response, or as necessary to comply with its NPDES permit.
(q) Fees.
(1) It is the purpose of this division to provide for the recovery of costs from industrial users of the POTW. The applicable charges and fees shall be sufficient to meet the cost of the operation, maintenance, improvement or replacement of the system or as provided by law, contractual agreement or Board action.
(2) Charges and fees shall include, but not be limited to:
A. Fees for reimbursement of costs of establishing, operating, maintaining or improving the Control Authority's industrial waste control and pretreatment programs;
B. User fees based on volume of waste and concentration or quantity of specific pollutants in the discharge; and
C. Reasonable fees for reimbursement of costs for hearings, including but not limited to expenses regarding hearings officers, court reporters and transcriptions; and
D. Other fees deemed necessary to carry out the requirements contained herein or as may be required by law.
(3) The charges and fees provided for in this division shall be set forth in a fee resolution or fee ordinance adopted by the Village, in its discretion, together with such other fees and charges as are authorized by this chapter, which may be amended from time to time.
(r) Waste Water Discharge Permits.
(1) Permit required. It shall be unlawful for users to discharge into the POTW any waste water which will cause interference or pass-through, or otherwise not comply with the discharge prohibitions of this Section 1042.11
. It shall be unlawful for a significant industrial user to discharge into the POTW without a waste water discharge permit from the Detroit Water and Sewerage Department. Unless otherwise expressly authorized by the Department through permit, order, rule or regulation, any discharge must be in accordance with the provisions of this section.
A. All significant industrial users which are in existence on the effective date of this division shall apply for a waste water discharge permit within 30 days of the effective date of this section. Significant industrial users who are currently operating with a valid waste water discharge permit are not subject to this provision. These applications are to include all information specified in division (r)(3) of this section, and, where applicable, any additional information which may be needed to satisfy the federal baseline monitoring report requirements of 40 C.F.R. 403.12(b).
B. All new significant users shall apply for a waste water discharge permit at least 90 days prior to commencement of discharge. The application must include all information specified in division (r)(3) of this section and, where applicable, any additional information that may be needed to satisfy the federal BMR requirements of 40 C.F.R. 403.12(b). Until a permit is issued and finalized by the Department, no discharge shall be made into the POTW.
C. Any user who proposes to discharge any waste water other than sanitary or noncontact cooling water into the POTW shall request approval from the Department for the discharge(s) at least 30 days prior to the commencement of the discharge.
(2) Permit application. The Control Authority may notify an industrial user of its belief that the industrial user is, or may be, a significant user. Upon such notification, the industrial user shall complete and submit an application for a waste water discharge permit in the manner informed by the Control Authority. Failure of the Control Authority to so notify an industrial user shall not relieve any significant user of a duty to obtain a permit as required by this chapter.
A. Existing industrial users shall submit a completed application on the form provided by the Control Authority within 60 days after being so directed and provided a form by the Control Authority.
B. Proposed new industrial users shall request an application form and submit the completed application at least 90 days prior to the startup.
C. An industrial user which becomes subject to a new or revised National Categorical Pretreatment Standard and which has not previously submitted an application for a waste water discharge permit as required by this chapter shall apply for a waste water discharge permit within 90 days after the promulgation of the applicable National Categorical Pretreatment Standard. The Control Authority may also initiate this action.
D. A separate application shall be required for each separate location.
(3) Information. In support of the application, the industrial user shall submit, in units in terms appropriate for evaluation, the following information:
A. The corporate or individual name, any assumed name(s), the Federal employer identification number, the address and the location of the discharging facility;
B. The name and title of the authorized representative of the industrial user who shall have the authority to bind the industrial user financially and legally;
C. All SIC numbers of all processes at this location according to the Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended;
D. Actual or proposed waste water constituents and characteristics for each parameter listed in the permit application form. Such parameters shall include those applicable pollutants having merit limitations and enumerated in divisions (c)(1)and (2) of this section and those pollutants limited by a National Categorical Pretreatment Standard or regulations for applicable industries, and any toxic pollutants known or suspected to be present in the discharge, regulated in the previous permit, or specifically requested by the Detroit Water and Sewerage Department. For each parameter, the expected or experienced maximum and average concentrations during a one year period shall be provided. For industries subject to National Categorical Pretreatment Standards or requirements, the date requested herein shall be separately shown for each categorical process and a waste-stream formula shall also be identified. Sampling and analysis shall be performed in accordance with the procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, or in accordance with any other sampling and analytic procedures, where appropriate and applicable, approved by the EPA. Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA Procedures for Screening an Industrial Effluence for Priority Pollutants, April, 1977, and amendments or revisions thereto. The name and address of the laboratory performing the analytical work shall also be submitted.
E. A listing and description of activities, facilities and plant processes on the premises. Those processes which are subject to National Categorical Pretreatment Standards or requirements shall be so designated. As pertains to division (r)(3)D. of this section, the pollutants associated with each process shall be identified.
F. Restricted to only those pollutants referred to in division (r)(3)D. of this section, a list of raw materials and chemicals referred to in division (r)(3)D. of this section that are either used in the manufacturing process or could yield the pollutants referred to in division (r)(3)D. of this section. Any user claiming immunity from having to provide such information for reasons of national security shall furnish acceptable proof of such immunity.
G. A description of typical daily and weekly operating cycles for each process in terms of starting and ending times for each of the seven days of the week;
H. Average and maximum 24-hour waste water flow rates, including daily, monthly and seasonal variations, if any; each National Categorical process waste stream flow rate and the cooling water, sanitary water and storm water flow rates, separately stated for each connection to the POTW; and each combined waste stream;
I. A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points and places of discharges into the POTW; also a flow schematic showing which connections receive each National Categorical process waste stream and which connections receive storm water, sanitary water or cooling water; also which lines handle each combined waste stream. This schematic shall be cross-referenced to the information furnished in division (r)(3)H. of this section.
J. Each product produced by type, amount, process or processes and the rate of production as it pertains to processes subject to production-based limits under the National Categorical Pretreatment Standards or requirements only;
K. A statement regarding whether or not the requirements of this chapter and the National Categorical Pretreatment Standards and requirements are being met on a consistent basis and, if not, what additional operation and maintenance work and/or additional construction is required for the industrial user to meet the applicable standards and requirements. This statement shall be reviewed and signed by the authorized representative and, as appropriate, certified by a qualified professional;
L. Basic information on the program for the prevention of accidental discharges in accordance with the requirements of this Section 1042.11;
M. Proposed or actual hours of operation for each pretreatment system for each production process;
N. A schematic and description of each pretreatment facility, identifying whether each pretreatment facility is of the batch type or the process type;
O. If other than DWSD potable water, the industrial user's source of intake water together with the types of usage and disposal methods for each water source and the estimated waste water volumes from each source;
P. If additional construction and/or operation of maintenance procedures will be required to meet the requirements of this chapter and the National Categorical Pretreatment Standards, the shortest schedule by which the user will provide such additional construction and/or implement the required operation and maintenance procedures;
Q. Identify whether the user has conducted a waste minimization assessment or audit of its operations in order to identify all feasible source reduction and recycling practices that may be employed to reduce or eliminate the generation of pollutants and other waste at the facility; and
R. Any other information that may reasonably be required to prepare and process a waste water discharge permit.
(4) Permit issuance. Upon receipt of an application, the Control Authority shall review the application and so notify the industrial user, the Village and the County of any of the following:
A. The industrial user does not meet the definition of a significant industrial user and is not required to have a waste water discharge permit.
B. The industrial user does meet the definition of a significant user but is found by the Department to have no reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement, and is not required to have a waste water discharge permit. The Department shall make such determination in accordance with the requirements of 40 C.F.R. 403.8(f)(6);
C. The application is incomplete or the information only partially satisfies the information and data required by 40 C.F.R. 403.12 or the Control Authority, and additional information and data are required which shall be promptly furnished. Where appropriate, the industrial user is notified regarding specific information that is missing, or that the application is unacceptable;
D. The industrial user is required to have a waste water discharge permit. The Department shall notify the industrial user of its determination and the basis of the determination. The Control Authority may withhold issuance of a permit to a significant user which has not submitted a report, or has submitted an inadequate or untimely report, to the Control Authority in accordance with the baseline reporting requirements of 40 C.F.R. 403.12. If the Control Authority determines that an industrial user is required to have a waste water discharge permit and has evaluated and accepted the data furnished, the industrial user will be notified accordingly by certified mail, and the Village shall be notified by first class mail.
Notification shall contain a copy of the proposed permit, so marked for the industrial user's review. An industrial user may contest the determination of the Control Authority or any term or condition of the waste water discharge permit, including modifications thereof, by filing a request for reconsideration in accordance with the procedures set forth in this chapter. In the event of such request, the contested terms and conditions of the proposed permit shall be stayed pending the Control Authority's review of the contested issues. If the permit is not contested or if the industrial user fails to respond within 20 days after receipt of the proposed permit, the permit may be issued as proposed. A permit shall be issued upon resolution of the Control Authority of any contested terms or conditions. Only one facility location shall be included in each permit.
(5) Permit conditions. Waste water discharge permits shall contain all requirements of 40 C.F.R. 403.8(f)(1)(iii) and shall be deemed to incorporate all provisions of this section, other applicable laws, rules, regulations and user charges and fees established by the City of Detroit or Village without repetition therein.
Permits may also contain the following:
A. Limits on the average and maximum waste water constituents or characteristics which are equivalent, more restrictive than, or supplemental to the numeric limits enumerated in this Section 1042.11, or the applicable National Categorical Pretreatment Standards;
B. Limits on average and maximum rate in time of discharge or requirements for flow regulation and equalization;
C. Requirements for installation, operation and maintenance of discharge sampling manholes and monitoring facilities by the industrial user;
D. Restrictions on which of the user's discharge waste streams are to be allowed to be discharged at each point of connection to the POTW;
E. Specifications for industrial user monitoring programs, which may include sampling locations, frequency and type of sampling, number, types and standards for tests and a reporting schedule;
F. Requirements for the prevention of accidental discharges and the containment of spills or slug discharges;
G. Restrictions based on the information furnished in the application;
H. Reporting requirements, in addition to the above.
1. All permittees shall submit a report to the Control Authority in the prescribed form, or in an alternative approved form, indicating the status of compliance with all conditions enumerated or referred to in the waste water discharge permit or made applicable to the permit by this chapter. The report shall be submitted at six-month intervals, unless required more frequently, on the schedule to be established by the Control Authority for each permittee. Analytical data generated by the Department may not be submitted in lieu of the facility's own monitoring data as required by the waste water discharge permit.
2. Permittees not subject to National Categorical Pretreatment Standards or requirements shall submit compliance in accordance with division (r)(5)H.4. of this section. The report shall show the concentration of each substance for which there is a specific limitation in the permit or which may be identified by the Control Authority in accordance with division (r)(5)I. of this section.
3. Permittees subject to National Categorical Pretreatment Standards or requirements shall submit compliance reports at the times and intervals specified by federal regulations and by the Department. A compliance report shall be submitted to the Department no later than 90 days following the final compliance date for a standard, or in the case of a new source, no later than 90 days, following commencement of the introduction of waste water into the POTW and in accordance with 40 C.F.R. 403.12(d). A report on continued compliance shall be submitted at six-month intervals thereafter on the schedule established by the Department and incorporated into the industrial user's discharge permit and in accordance with division (r)(5)H.4. of this section. The reports shall be either on a form prescribed by the Department or on an alternate form provided by the Department, and shall indicate the nature and concentration of all pollutants in the discharge from each regulated process which are limited by National Categorical Pretreatment Standards, or for which there is a specific limitation in the permit, or which may be identified by the Department in accordance with this division (r)(5)H. The report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharges regulated by the permit. The combined wastestream formula may be used for reporting purposes after the initial information has been furnished to the Department, provided there have been no changes to the elements composing the combined wastestream.
4. a. Reports shall contain the results of representative sampling performed during the period covered by the report and of the discharge and analysis of pollutants contained therein, and, for significant industrial users subject to production-based standards, shall be cross- referenced to the related flow or production and mass as required to determine compliance with the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable general pretreatment regulations, being 40 C.F.R. Part 403, or by the Department, but no less than is necessary to assess and assure compliance by the industrial user with the most stringent applicable pretreatment standards and requirements. All sampling and analysis shall be performed in accordance with applicable regulations contained in 40 C.F.R. Part 136 and amendments thereto. Where 40 C.F.R. Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the administrator.
b. If an industrial user monitors any pollutant more frequently than required by the Department using the procedures as prescribed in this section, the results of this monitoring shall be included in such report. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance practices and/or pretreatment system improvements or changes are necessary to bring the industrial user into compliance with the applicable pretreatment standards.
5. This report, and those required under divisions (d)(5) and (r)(5)H.4. of this Section 1042.11, shall include the follow certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision, in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and/or imprisonment for knowing violations." Said certification shall be signed by the facility's authorized representative, as defined in Section 1042.03(3) of this Code. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of the authorized representative definition must be submitted to the Department prior to, or together with, any reports to be signed by an authorized representative.
6. If sampling performed by a permittee indicates a violation, the user shall notify the Department within 24 hours of the time said user becomes, or should have become aware of the violation. In addition, the user shall repeat the sampling and analysis, and submit the results of the repeat analysis to the Department within 30 days after said user becomes, or should have become, aware of the violation.
I. In the event the Director determines that an industrial user is discharging substances in quality, quantity or at locations which may cause problems to the POTW or the receiving stream, the Department has the authority to develop and enforce effluent limits applicable to the user. To the extent the Department seeks to impose restrictions in a permit which are more restrictive than established in this division. the Department shall provide written documentation to explain the greater restriction for protection against pass-through, interference or violation of the NPDES permit;
J. Requirement for pollution prevention initiatives; and
K. Other requirements reasonably necessary to ensure compliance with this chapter;
(6) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a lesser period of time or may be stated to expire on a specific date. However, permits shall not be issued for a period less than one year. The existing permit for significant industrial users who timely submit an application for permit reissuance to the Department shall be automatically extended until a permit is issued as final.
(7) Permit modification. The terms and conditions of the permit may be subject to modification by the Control Authority during the term of the permit as limitations or requirements identified in divisions (c)(1) and (2) of this section are amended or if other just cause exists. Just cause for a permit modification includes, but shall not be limited to, the following:
A. Material or substantial changes to an industrial user's facility or operation or changes in the characteristics of the industrial user's effluent. It shall be the industrial user's duty to request an application form and apply for a modification of the permit within 30 calendar days of the change.
B. Change(s) in the City of Detroit's NPDES permit;
C. Embodiment of the provisions of a conciliation agreement, court settlement or order;
D. Any changes necessary to allow the City of Detroit to fulfill its role as Control Authority;
E. An industrial user's noncompliance with portions of an existing permit;
F. A change of conditions within the POTW;
G. A finding of interference or pass through attributable to the industrial user;
H. Amendments to, or promulgation of, National Categorical Pretreatment Standards or requirements, including 40 C.F.R. Part 403 and those delineated in Appendix A of this chapter. Permittees shall request an application form and apply to the Control Authority for a modified permit within ninety days after the promulgation of a new or revised National Categorical Pretreatment Standard to which the industrial user shall be subject. Information submitted pursuant to this division shall be confined to that information related to the newly promulgated or amended National Categorical Pretreatment Standard or requirement. However, information previously submitted may not be duplicated, insofar as previously submitted information continues to be current and applicable. The Control Authority may also initiate this action. The industrial user shall be informed of any proposed change in its permit at least 60 days prior to the proposed effective date of the change for any change initiated by the Control Authority, unless such change is the result of any enforcement action taken pursuant to this chapter;
I. Changes in the monitoring location. (See division (s) of this section);
J. Typographical errors or omissions in permits;
K. The Department may modify the permit on its own initiative, based on its findings or reasonable belief of the above; or
L. The user may request a modification of the permit.
When initiated by the Department, the industrial user shall be informed of any proposed change in its permit. The Department will issue a draft permit, and an industrial user has 30 days to file a response to the draft modified permit. Thereafter, the Department will issue a final permit and, unless appealed in accordance with the procedures contained in division (x) of this section the permit will become effective 20 days after issuance.
(8) Permit custody and transfer. Waste water discharge permits are issued to a specific person as defined herein for a specific discharge. A waste water discharge permit shall not be re-assigned or transferred or sold to a different person, new owner, new industrial user, different premises or a new or changed operation without the written approval of the Control Authority. It shall be the permit holder's duty to notify the Department of any such change at least 30 days before the date of the change. Waste water discharge permits which do not receive the written approval of the Department prior to the change shall be null and void, regardless of reassignment, transfer, or sale. The Control Authority may revoke a permit if it determines that an unreported change has occurred. The Control Authority may require the application for a new or modified permit if a change takes place. Any succeeding person shall comply with the terms and conditions of any existing permit which the Control Authority allows to be retained.
(9) Permit notification requirements. All industrial users shall promptly notify the Department in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which initial notification under 40 C.F.R. 403.12(p) has been made, request a permit application form, and apply for a modification of the permit at least 30 calendar days prior to the change. Failure of the industrial user to so apply shall be considered a violation of this division.
(s) Monitoring Facilities. Significant industrial users shall provide, operate and maintain at their own expense a sampling manhole or special structure to facilitate monitoring, inspection, sampling, and flow measurement of their discharge, by the Department and the industrial user, and to enable the Control Authority to conduct such other monitoring, inspection and sampling as required for determining compliance with discharge requirements, limits and standards as provided by this chapter. In the event the Department determines that the monitoring facility identified in the permit application is inadequate, a new monitoring facility must be identified, or provided, which shall allow for collection of a representative sample of the waste water discharged from the facility. Unless otherwise determined at the discretion of the Department, said facility shall be provided within 90 days of receipt of notification by the Department. The industrial user shall provide the Department with:
(1) A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW;
(2) A flow schematic showing (i) which connections receive each national categorical process wastestream; (ii) which connections receive storm water, sanitary water or cooling water, and (iii) which lines handle each combined wastestream. This report shall be certified by a professional engineer. If a significant industrial user fails to install the monitoring facilities within the prescribed time limits, then the Department may install such structure or device and the significant user shall reimburse the Department for any costs incurred therein.
The sampling manholes should be situated on the industrial user's premises in a location readily accessible to the Control Authority. It shall be the responsibility of the industrial user to obtain any necessary approvals from the Village or other government entities, which approvals may be required because of the location and construction of monitoring facilities in a public street or sidewalk area. Such construction shall occur only when another location would be impractical or cause undue hardship upon the industrial users. In no case shall the location be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling or monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility and any permanently installed sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user. Whether constructed on public or private property, the sampling and monitoring facility shall be provided in accordance with the Control Authority's requirements and all applicable local construction standards and specifications.
(t) Inspection Sampling and Record Keeping.
(1) For purposes of administering and enforcing this chapter, the Control Authority may inspect the establishment, facility or other premises of the industrial user. The Control Authority shall have ready access to the industrial user's premises to engage in inspection, sampling, compliance, monitoring and/or metering activities. Each such inspection or sampling activity shall be commenced and completed at reasonable times, within reasonable limits and in a reasonable manner. The Control Authority shall, upon arrival at the industrial user's premises, inform the industrial user or the industrial user's employees that sampling and/or inspection is commencing and that the industrial user has the right to observe the inspection and/or sampling. The Control Authority shall neither refrain from nor be prevented or delayed from carrying out its inspection or sampling duties due to the unavailability of the authorized representative of the facility to observe or participate in the inspection or sampling activity. While performing work on private properties, the Control Authority in the Village shall observe all reasonable safety, security and other reasonable rules applicable to the premises established by the industrial user. Representatives of the Control Authority shall bear proper credentials and identification and shall be accompanied by a representative of the industrial user, at the industrial user's option. The Control Authority shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge into the POTW.
(2) However, such employees or representatives shall not be restricted from viewing any of the facility site. The Control Authority may take photographs of facilities subject to this chapter, unless specifically prohibited by the industrial user upon request to be permitted to take photographs. Where an industrial user has security measures in force, the industrial user shall make prompt and necessary arrangements with the security personnel so that upon a presentation of appropriate credentials, the Control Authority will be permitted to enter immediately for the purposes of performing its specific responsibilities. Significant users shall sample and analyze their discharges in accordance with the provisions of their permits. The Control Authority may request such samples to be split with the Control Authority for the Control Authority's independent analysis. Industrial users shall maintain records of all information from monitoring activities required by this chapter or by 40 C.F.R. 403.12(n). Industrial users shall maintain the records for no less than three years. This period of record retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user, or regarding the operation of the City of Detroit's industrial pretreatment program, or when requested by the Control Authority, the EPA or the State. Industrial users shall, upon the request of the Control Authority, furnish information and records relating to discharges to the POTW. Industrial users shall make such records readily accessible at all reasonable times and allow the Control Authority to copy such records. In the event the Control Authority obtains samples, and analyses are made of such samples, a copy of the results of such analyses shall be promptly furnished to the owner, operator or agent in charge of the premises upon written request by the industrial user's authorized representative. When requested by the industrial user, the Control Authority shall leave a portion of any sample of the user's discharge taken from any sampling point on or adjacent to the premises for the user's independent analysis. In cases of disputes arising over shared samples, the portion taken and analyzed by the Control Authority shall be controlling unless proven invalid. In the event a grab sample of the industrial user's discharge is obtained and analyzed in accordance with 40 C.F.R. Part 136 and found to contain concentrations or pollutants which are two or more times greater than the numeric limitations for composite samples as listed in division (c)(1) of this section, the industrial user shall implement its slug control plan, and shall be required to provide a written report describing the cause of greater concentration and a description of the means by which such concentration may be held to values of less than two times the composite sample concentration limitation in the future.
(u) Confidential Information.
(1) Information and data on an industrial user obtained from written reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless the industrial user specifically requests confidentiality and is able to demonstrate to the satisfaction of the Control Authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. All claimed confidential information must be clearly marked "confidential." When requested by the person furnishing the report, the portions of a report which disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, the State disposal system permit and/or pretreatment programs, provided, however, that such information shall be treated as confidential by the governmental agency, until such time as the information has been determined to be non-confidential by the governmental agency. Confidential information on industrial users, which the Department releases pursuant to a request of another governmental agency, should be handled by the other governmental agency pursuant to its own confidentiality procedures. The Department cannot control how another governmental agency handles such confidential information, and assumes no responsibility for the disposition of the information released to the governmental agency. The Department will use sufficient care to inform the other governmental agency of the existence of the industrial user's confidentiality claim. The Department shall determine whether the information requested to be treated as confidential, in fact, satisfies the requirements of confidential information as defined herein. The decision of the Department shall be made in writing. Waste water constituents and characteristics will not be recognized as confidential information. Information accepted by the Control Authority as confidential shall not be transmitted to any governmental agency until and unless a ten-day notification of intent to transmit is first given to the industrial user.
(2) Except as otherwise determined by the Department or provided for by applicable law, all information with respect to an industrial user on file with the Control Authority shall be made available upon request by that user or the user's authorized representative during normal business hours.
(v) Statutes, Laws and Regulations. The National Categorical Pretreatment Standards defined in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471, shall be and are incorporated by reference herein and made a part hereof. Unless otherwise provided, any reference in this chapter to a code, standard, rule, regulation or law enacted, adopted, established or promulgated by any private organization, or any element or organization of government other than the Village, shall be construed to apply only to such code, standard, rule, regulation or law in effect or existence on the date of enactment of this chapter.
(w) Enforcement.
(1) Violations. It shall be a violation of this chapter for any user to:
A. Fail to completely and/or accurately report the waste water constituents and/or characteristics of the industrial user's discharge;
B. Fail to report significant changes in the industrial user's operations or waste water constituents and/or characteristics within the time frames provided in division (r)(7) of this section;
C. Refuse reasonable access to the industrial user's premises, waste discharge, or sample location for the purpose of inspection or monitoring;
D. Restrict, lockout or prevent, directly or indirectly, access to any monitoring facilities constructed on public or private property. The locking or securing of the monitoring facility shall not constitute a violation pursuant to this division, provided that, upon request, reasonable access to the facility is promptly provided to the Department;
E. Restrict interfere, tamper with, or render inaccurate any of the Department's monitoring devices, including but not limited to samplers;
F. Fail to comply with any condition or requirement of the industrial user's waste water discharge permit;
G. Fail to comply with any limitation, prohibition or requirement of this chapter, including any rule, regulation or order issued hereunder. However, if an industrial user acts in full accordance with a compliance schedule approved and incorporated into the industrial user's waste water discharge permit pursuant to the provisions of this chapter, that industrial user shall be deemed to be in compliance with those requirements of this chapter addressed by the compliance schedule. Industrial users acting in full compliance with waste water discharge permits issued prior to the effective date of this chapter shall be deemed to be in compliance with the requirements of this chapter, and such permits shall remain in effect and be enforceable under this chapter until the expiration date of such permit or until a superseding permit is issued, whichever occurs first. Industrial users shall comply with National Categorical Pretreatment Standards and requirements on the date specified in the Federal regulations, regardless of compliance schedules.
(2) Upsets. An upset shall constitute an affirmative defense to an action brought for noncompliance with limits imposed under this chapter or National Categorical Pretreatment Standards if the requirements of this division (v)(2) are met.
A. An industrial user who wishes to establish the affirmative defense shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:
1. An upset occurred and the industrial user can identify the specific cause(s) of the upset;
2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
3. The industrial user has submitted the following information to the department, orally or in writing, within 24 hours of becoming aware of the upset, except that 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.
B. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
C. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with this chapter 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 a situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(3) Bypass. Bypasses are prohibited unless the bypass does not cause a violation of pretreatment standards or requirements, but only if it is for essential maintenance to ensure efficient operation of the treatment system. These bypasses are not subject to the provisions of divisions (w)(3)A. and B. of this section.
A. Notice of anticipated bypass. Industrial users anticipating a bypass shall submit notice to the Department at least ten days in advance.
B. Notice of unanticipated bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time the industrial user becomes or should have become aware of the pass. A written submission shall be provided within five days of the time the industrial user becomes or should have become aware of the bypass. The written submission shall contain a description of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.
C. Prohibition of bypass and enforcement. Bypass is prohibited, and the Department may take enforcement action against a user for a bypass, unless:
1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
3. The industrial user properly notified the Department as described in (w)(3)B. of this section.
D. Bypass approval. Where it meets all conditions in division (w)(3)C. of this section, the Department may approve an anticipated bypass.
(4) Emergency suspension and orders. The Control Authority may order suspension of the sewer or waste water treatment service and/or a waste water discharge permit where such suspension is necessary, in the opinion of the Control Authority, to stop any actual or threatened discharge which presents or may present an imminent or significant hazard to the health or welfare of persons or to the environment, interferes or may interfere with the POTW, or causes or may cause the City of Detroit to violate any condition of its NPDES permit. Any person notified of a suspension of the sewer or waste water treatment service and/or the waste water discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with a suspension or revocation order, the Control Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection or services, to prevent or minimize damage to the POTW system or danger to any individual or the environment. In the event such steps are taken, the Director shall notify the industrial user in writing within 24 hours of such action and the recourse available and shall provide the industrial user with an opportunity for a hearing before the Director or his or her designated representative within ten days of such action. The Control Authority shall notify the Village whenever notification is made to an industrial user pursuant to this division, in writing, within 72 hours of such action.
The Control Authority shall reinstate the waste water discharge permit and/or the sewer or waste water treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement to the Control Authority within 15 days of the occurrence describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Upon proof of elimination of the noncomplying discharge, the Department shall reinstate the waste water discharge permit and/or the sewer or waste water treatment service.
(5) Notice of violation. Except in the case of any actual or threatened discharge as specified in division (w)(3) of this section, whenever the Control Authority has reason to believe that any industrial user has violated or is violating this chapter, the Control Authority shall serve upon such industrial user a written notice stating the nature of the violation. Where applicable, the Department shall pursue appropriate escalating enforcement action as defined within its approved enforcement response plan. The failure of the Department to issue a notice of violation shall not preclude the Department from escalating its enforcement response.
(6) Notice of Control Authority action. The Village or a designated department thereof shall be notified by the Control Authority of any enforcement activity taken within its boundaries.
(7) Administrative actions. Whenever the Control Authority has reasonable grounds to believe that a user is violating, or has violated a provision of its waste water discharge permit, or a pretreatment standard or requirement or ay prohibition of this section, the Department, except in the case of emergency or flagrant violation, may initiate appropriate administrative enforcement action in order to compel the industrial user to eliminate or to remedy such violation as soon as possible.
A. Conferences. The Control Authority may order any person who violates this chapter to attend a conference wherein the Control Authority may endeavor to cause the user to eliminate or remedy the violation by establishing an enforceable compliance schedule. The notice of violations shall be served at least ten days before the scheduled conference and shall set forth the date, time and place thereof. The Village shall be notified in accordance with the terms and conditions of the delegation agreement which it shall enter into with the Control Authority. The conference shall be conducted by a representative of the Control Authority. The industrial user shall present a plan and schedule for achieving compliance with this chapter. The conference attendees may agree upon a compliance schedule which sets forth the terms and conditions and time period or schedule for full compliance. Nothing contained herein shall require the Control Authority to accept or agree to any proposed plan or schedule or prevent the Control Authority from proceeding with the show cause hearing as set forth in division (w)(7)D. of this section. Should the attendees agree to a compliance schedule, the user and the Department's duly authorized representative may enter, by consent, into a compliance agreement or an administrative order setting forth the terms of such agreement. An industrial user must make good faith and expeditious efforts to comply with this chapter and any procedures, requirements and agreements hereunder.
B. Compliance schedules. The user and the Department may agree upon a schedule which sets forth the terms and conditions, and time periods or schedules for completion of actions to remedy or to eliminate the causes of violation. These schedules may be developed as part of a compliance agreement, or an administrative consent order. Schedules developed under this division shall adhere to the following conditions:
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of upgraded or additional pretreatment facilities, or to the implementation of additional operation and maintenance procedures required for the industrial user to meet the applicable pretreatment requirements and standards, including but not limited to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, and completing construction;
2. No single increment referred to in division (r)(5)H. of this section shall exceed nine months:
3. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Department, including, at a minimum, whether it complied with the increment of progress to be met on such date and, if not, the date which it expects to comply with this increment of progress, the reason(s) for delay, and the steps being taken by the industrial user to return to the established schedule; and
4. Any deviations from the compliance schedule may result in the industrial user being found in violation of this division.
C. The Department may order any industrial user who violates or continues to violate this division or a duly issued permit to install and to properly operate devices, treatment facilities, or other related appurtenances. In addition, orders may contain such other requirements as might reasonably be necessary and appropriate to address the violation, including the installation of pretreatment technology, additional self-monitoring and management practices, implementation of a waste minimization assessment to identify and implement feasible source reduction, and recycling practices to reduce the generation or release of pollutants at the facility. An order may be either an administrative consent order, which is the result of an agreement, or a unilateral administrative order.
D. Show cause hearing. The Control Authority may order any industrial user who violates this chapter, or allows such violation to occur, to show cause before the Control Authority why a proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of the hearing before the Control Authority regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action, and directing the industrial user to show cause before the Control Authority why a proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing with copies to be provided to the Village as provided to the delegation agreement. Service may be on any agent or officer of a corporation or authorized representative.
E. Hearing proceeding. The hearing shall be conducted in accordance with the procedures adopted by the Board. A hearing officer shall conduct a show cause hearing and take the evidence, and may:
1. Issue in the name of the Control Authority notices of hearings requesting the attendance and the testimony of the witnesses and production of evidence relevant to any matter involving such hearings;
2. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Director and the Village for action thereon.
At any show cause hearing held pursuant to this chapter, testimony taken must be under oath and recorded by a court reporter.
3. After a show cause hearing has been conducted, an order may be issued to the industrial user by the Control Authority directing any of the following actions:
a. Immediate compliance with the industrial user's waste water discharge permit or with any applicable limitation, condition, restriction or requirement of this chapter or applicable local, State or Federal law or regulation;
b. Pretreatment of waste by installation of adequate treatment equipment, or by proper operation and maintenance of existing treatment equipment, within a specified time period. Sewer or waste water treatment service may be discontinued upon failure to comply.
c. Submission of compliance reports on effluent quantity and quality as determined by self-monitoring and analysis during a specified time period;
d. Submission of period reports on effluent quality and quantity as determined by self-monitoring analysis throughout the final period set by a compliance date;
e. Control of discharge quantities;
f. Payment of costs and reasonable and necessary inspection, monitoring and administration of the industrial user's activities by the Control Authority during compliance efforts; and/or
g. Any such other orders as are appropriate, including, but not limited to, immediate termination of sewer or waste water treatment services, or revocation of a waste water discharge permit, or orders directing that, following a specified time period, sewer or waste water treatment service will be discontinued unless adequate treatment facilities, devices or operation and maintenance practices have been employed.
h. A finding the user has demonstrated by a preponderance of the evidence that a violation, either of this division or of a duly issued permit, did not occur.
F. Public notification of significant noncompliance. The Department shall publish in the largest daily newspaper published in the City of Detroit and the Village a list of all industrial users which were in significant noncompliance with applicable pretreatment requirements at any time during the previous 12 months. All industrial users identified in the proposed publication shall be provided with a copy of that proposed notice at least 30 days before publication and with an opportunity to comment as to its accuracy.
(8) Legal actions.
A. Any user who violates any provision of this chapter, including the failure to pay any fees, charges or surcharges imposed hereby, or violates any condition or limitation of a permit issued pursuant hereto, or knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a waste water discharge permit, or tampers with, or knowingly renders inaccurate, any monitoring device required under this chapter, is guilty of a misdemeanor and shall be subject to the penalty provided in Section 1042.99. The Control Authority is hereby authorized, consistent with the terms and conditions of the delegation agreement entered into by the Village with the Control Authority, to seek, through the Village Attorney, prosecution of criminal charges against any person violating any provision of this chapter.
B. If any person discharges sewage, industrial waste or other waste into the POTW contrary to the provisions of this chapter, or a permit or order issued hereunder, the Village or the Control Authority, or both, may commence a civil action to enjoin such discharge or to enforce compliance with this chapter or a permit or order issued hereunder, in the Circuit Court for the County of Oakland or other appropriate court. Upon a proper showing of a violation of this chapter, or a permit or order issued hereunder, a permanent or temporary injunction may be granted without bond. The Control Authority or the Village, or both, may also seek additional legal and/or equitable relief. Instituting suit in a circuit court does not constitute an exclusive election of remedies and does not prohibit the Control Authority or the Village from commencing action in Federal court for discharges believed to be in violation of this chapter, State and Federal requirements pursuant to the Clean Water Act, the City of Detroit's NPDES permit, or other applicable laws or requirements. The Control Authority or the Village may also recover reasonable attorneys' fees, court costs, court reporters' fees and other unusual expenses related to enforcement activities or litigation against the person found to have violated this chapter or orders, rules, regulations and permits issued hereunder.
C. All fines, costs and penalties which are imposed by any court of competent jurisdiction shall be payable to the City of Detroit Water and Sewerage Department and the Village where applicable.
(x) Reconsideration and Appeal. Through the procedures of reconsideration and appeal, a user may contest actions, determinations, or decisions of the Department which result from its construction, application and enforcement of this division. The procedures contained within this section govern reconsideration and appeal with respect to construction, application, and enforcement of this division.
(1) Selection of reconsideration or of appeal.
A. Except for those actions, determinations, or decisions which are expressly identified as subject only to appeal, reconsideration may be requested by any permit applicant, permittee, authorized industrial waste water discharger or other discharger, who is adversely affected by any action, determination, or decision that is made by, or on behalf of, the Department by the Director or an authorized representative, and that interprets, implements or enforces the provisions of this section.
B. An appeal may be requested by any permit applicant, permittee, authorized industrial waste water discharger or other discharger, who is adversely affected (i) by a permit issued as final by the Department, or (ii) by an administrative order entered after a show cause order and hearing, or after a hearing for reconsideration.
C. Unless otherwise expressly provided for by this division, a request for reconsideration or appeal must be signed by an authorized representative, and received at the Department's General Offices within 20 days from the date of the occurrence of the action, determination, or decision in dispute. A request for reconsideration shall contain the requester's name and address, a brief statement of the reason(s), and the factual basis underlying the request.
D. A request for reconsideration shall be filed in triplicate either by hand delivery or by certified mail to the General Offices of the Department. Where a request for reconsideration or appeal either is not filed within the time period provided for in this division or is improperly made, the action, determination or decision of the Director, or the Department's authorized representative, is final, and any right to reconsideration or appeal may be deemed waived.
(2) Reconsideration. Within 15 days after receipt of a timely and proper request for reconsideration, the Department shall notify the applicant of the time and place for a hearing.
A. A hearing for reconsideration shall be conducted by a hearings officer who is designated by the Director and may be an employee of the Department. The decision of the hearings officer shall be in the form of a recommendation to the Director and embodied in an administrative order. Except for an administrative consent order that was negotiated and agreed to by both parties, an administrative order is appealable in accordance with division (x)(3) of this section.
B. Where improperly or untimely submitted. the Department may reject a request for reconsideration. The Department shall notify the requester in writing that the request has been rejected.
C. Unless the date is mutually extended by both parties, the hearing shall be conducted neither less than ten days nor more than 30 days after mailing of the notice. For cause and at the discretion of the hearings officer, the hearing may be continued for a reasonable time.
D. The hearing for reconsideration shall be an informal consultation and conference where the requester in person, or by counsel, shall present their argument, evidence, data and proof in connection with the issue(s) being reconsidered. The parties shall not be bound by the Michigan Rules of Evidence. The hearing shall be transcribed and the requester may obtain a copy of the hearing transcript, as appropriate, from the Department or from the court reporter.
E. Within 30 days after the close of the hearing, the hearings officer shall issue a final decision, which shall contain a recommendation to the Director. The hearings officer shall send such decision to the requester by certified mail.
F. Unless such action is necessary to prevent pass-through, interference or other harm to the POTW, to the public or to the waters of this State, the filing of a request for reconsideration in accordance with this division (x) shall stay the action by the Department that is the subject of the hearing for reconsideration.
(3) Appeal. Within 30 days after receipt of a timely and proper request for an appeal, the Department shall notify the applicant in writing regarding the time and place for a hearing. The hearing shall be conducted in accordance with procedures set by the Board until rules are promulgated pursuant to Section 2-111 of the 1997 Detroit City Charter. In addition:
A. Any request for an appeal must be made within 20 days of the Department's action, determination or decision regarding the request for reconsideration or any permit issued in accordance with this section.
B. Where a request either is not filed within the time period contained in this division (x) or is improperly made, the action, determination or decision of the Director or the Department's authorized representative is final, and any right to appeal may be deemed waived. Where untimely or improperly submitted, the Department may reject the request for an appeal, and shall notify the requester in writing that such request has been rejected.
C. The Department shall appoint a hearings officer. The hearings officer shall review the evidence, and within 15 days after the close of the hearing shall issue a written recommendation to uphold, modify or reverse the action, determination or decision of the Department.
D. The written recommendation of the hearings officer shall be submitted to the Board, which shall render a final decision within 30 days of its next regularly scheduled meeting.
E. In accordance with applicable law, the user or the Department may appeal any final decision of the Board to a court of competent jurisdiction.
F. Unless such action is necessary to prevent pass-through, interference, or other harm to the POTW, to the public or to the waters of this State, the filing of a request for appeal in accordance with this division (x) shall stay the action by the Department that is the subject of the appeal.
(Ord. 179. Passed 8-17-92; Res. 92-227. Passed 10-29-92; Ord. 2001-08. Passed 12-10-01; Ord. 2007-01. Passed 3-12-07.)