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(A) Right of entry. The Director shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter, whether or not an easement has been granted. The Director shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the property as a source of discharge to the sewage system or waterways.
(B) Hold harmless. While performing the necessary work on private properties referred to herein, the Director shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to village employees, and the village shall indemnify the person against loss or damage to its property by village employees and against liability claims and demands for personal injury or property damage asserted against the person and growing out of the gauging, sampling operations, and inspections, except as such maybe caused by negligence or failure of the person to maintain safe conditions as required herein.
(C) Easements. The Director and other duly authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the public sewage works staying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(D) Sampling and testing.
(1) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter may be made in accordance with test methods, as defined in this chapter, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of the constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
(2) The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate, or whether grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.
(1984 Code. § 7-01-03-170) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993) Penalty, see § 52.99
(A) Harmful contributions.
(1) The village may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the village, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes interference to the POTW or causes the village to violate any condition of its NPDES permit.
(2) Any person notified of the suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the village shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals.
(3) The village shall reinstate the user contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the cause of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the village within 15 days of the date of occurrence.
(B) Revocation of permit. Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having his or her permit revoked in accordance with the procedures of this chapter:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable accesses to the user’s premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit.
(C) Notification of violations. Whenever the village finds that any user has violated or is violating this chapter, a wastewater contribution permit, or any prohibition, limitation, or requirements contained herein, the village may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the village by the user.
(D) Show cause hearing.
(1) The village may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Village Council why the proposed enforcement action should not be taken. A notice shall be service on the user specifying the time and place of a hearing to be held by the Village Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Village Council why the 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. Service may be made on any agent or officer of a corporation.
(2) The Village Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned Department) to:
(a) Issue in the name of the Village Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Council for action thereon.
(3) At any hearing held pursuant to this section, testimony taken must be under oath and recorded electronically or stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(4) After the Village Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment faculties, and that such devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(E) Legal action. If any person discharges sewage, industrial wastes or other wastes into the village’s wastewater disposal system contrary to the provisions of this chapter, federal, or state pretreatment requirements, or any order of the village, the Village Attorney may commence an action for appropriate legal and/or equitable relief in the County Circuit Court. For this division (E), the term CONTRARY TO THE PROVISION OF THIS CHAPTER, includes, but is not limited to, refusal of entry to allow or carry out inspections, or monitoring activities, any rules, regulations, or orders issued by the POTW, any requirements set forth in the permit issued by the village or any reporting requirements imposed by the POTW.
(F) Falsifying information. No person shall knowingly make any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit. No person shall falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this chapter.
(1984 Code. § 7-01-03-140) (Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993) Penalty, see § 52.99
SEWER REGULATIONS
(A) Unlawful discharge. It shall be unlawful for any person to place, discharge, or permit to be discharged in any unsanitary manner on public or private property within the village, or in any area under the jurisdiction of said village, any human or animal excrement, garbage, or other waste or wastewater, unless licensed to do so by the village or as controlled by other ordinances.
(B) Discharge to natural outlet. It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of said village, or in any area covered by an agreement provided for in § 50.01, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and the standards of the State Department of Natural Resources.
(C) Private wastewater disposal. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(D) Mandatory connection.
(1) All property with primary structures, as defined Ch. 157, or, in the case of properties outside the boundaries of the village covered by an agreement referenced in § 50.01, all property with primary structures as defined in the zoning ordinance of the governmental entity having zoning jurisdiction over said property, shall connect to the village’s sewage disposal system, provided, a public sanitary sewer main is within 200 feet (61 meters) of the property from which sewage originates and there is sufficient capacity in the sewage disposal system. All expenses to plumb the structure for connection and to construct the building sewer line for connection to the public sanitary sewer main shall be borne by the property owner.
(2) Properties with primary structures not connected to a public sanitary sewer main and meeting the criteria for connection shall connect to one within 90 days of receipt of a notice from the Village Council to do so. Property owners have 21 days from receipt of the notice to request a waiver from the Village Council from the requirement to connect.
(3) Upon an application from the property owner, the Village Council may waive the mandatory connection requirement on the basis of unique circumstances when an alternative sewage disposal system provided for in this chapter is used. The Council may limit the time period or attach any reasonable conditions to the granted waiver. Council will enter into the record the reasons for approving or denying the waiver with any applicable time limitations and conditions.
(E) Unlawful use. No person shall discharge any waste or other substance directly into a manhole, catch basin, or sewer inlet. All discharges to the sewer shall be through a sewer connection. Nothing in this provision shall restrict the use of a catch basin for stormwater in the storm sewer system.
(F) Private treatment permit. Where treatment is provided prior to discharge into any natural outlet, a permit for such discharge shall be obtained from the Director and shall be renewed each year. The fees charged for issuance and renewal of the permit shall be set by the Village Council. The person receiving the permit shall show the character of the discharge by type and quantity of all compatible and incompatible pollutants. Provisions shall be made for observing treatment facilities and testing discharge for the use of the Director.
(G) Stormwater discharge permit. A permit shall be required for all stormwater and uncontaminated wastewater connections to any natural outlet in the village or any area under the jurisdiction of the village. Adequate provisions shall be made for observing and testing at each such connection.
(1984 Code. § 7-01-03-030) (Ord. 98, passed 9-30-1980; Ord. 221, passed 2-25-1992; Ord. 227, passed 1-26-1993; Ord. 352, passed 11-10-2002) Penalty, see § 52.99
(A) Allowed use of private sewage disposal. Where a public sanitary or combined sewer is not available or when the Village Council has waived connection to such system under the provisions of this chapter, the building sewer shall be connected to a private sewage disposal system in accordance with the provisions of this chapter, other ordinances of the village, or the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. § 338.3511, currently administered by the village, as appropriate.
(B) Private disposal permit. No person shall construct or install a private sewage disposal system without first applying to the County Health Department for and obtaining a permit to construct and operate the system.
(C) Inspections required. A permit to operate a private sewage disposal system shall not become effective until such installation is approved by the County Health Department, which shall be allowed to inspect such system at any state of construction. The applicant for the permit shall notify the Director and the County Health Department when the system is completed and ready for final inspection, but before any underground portions are covered.
(D) Health requirements. The type, capacity, location, and layout of any private sewage disposal system shall comply with the rules and regulations of the State Department of Health and the County Department of Public Health.
(E) Illegal discharge. No septic tank or cesspool shall be permitted to discharge into any impoundment, stream, surface water, or other watercourse.
(F) Required abandonment of private facilities. At such time as the public sewer becomes available to a property served by a private sewage disposal system, as provided in this chapter, a direct connection shall be made to the public sewer in accordance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, pumped dry, and filled with suitable material such as sand, gravel, or concrete.
(G) Continual operation. The owner of a private sewage disposal facility shall maintain and operate such facility in a sanitary manner at all times.
(1984 Code. § 7-01-03-040) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993)
Before any sanitary sewer system constructed by private, as distinguished from public funding (hereinafter referred to as the “private sanitary sewer”), shall be permitted to connect to the system, the owner of said system (hereinafter referred to as “developer”), shall do and provide the village with the following:
(A) Provide the village with the developer’s plans and specifications for construction, an estimate of the cost of construction, a performance bond and deposit with the village the estimated cost of review of the construction plan, to cover the cost of hiring a registered professional engineer to review plans and specifications, which monies shall be placed by the village in an escrow account in the name of said developer;
(B) Obtain approval of the village of the plans and specifications;
(C) Secure all necessary permits for construction;
(D) Upon commencement of construction of the private sanitary sewer, deposit with the village in the escrow account referred to in division (A) above, a sum of 4% of the cost of construction of the wastewater system improvements to cover the anticipated cost of inspection of construction and payment of connection charges; and
(E) Upon completion of connection of the private sanitary sewer to the system, the performance bond, upon recommendation of the Villages Engineer and approval of the Village Council, shall be released and any monies remaining in the developer’s escrow account shall be returned to the developer. Any additional expenses incurred by the village in assuring the village that the private sanitary sewer is properly operating shall be deducted therefrom or charged directly to the developer, at the option of the village.
(1984 Code. § 7-01-03-050) (Ord. 98, passed 9-30-1980)
Any industry or structure discharging or desiring to discharge industrial waste to the system shall provide the village with the following information or material and do the following:
(A) A written statement setting forth the nature of the enterprise, the source and amount of water used; the amount of water to be discharged, with its present or expected bacterial, physical, chemical, radioactive; or other pertinent characteristics of the wastes;
(B) A plan map of the building, works, or complex, with each outfall to the surface waters, sanitary sewer, storm sewer, natural watercourse, or groundwater noted, described and the waste stream identified;
(C) A test sample, and shall file reports with the village and the appropriate state agencies on appropriate characteristics of wastes on a schedule, at locations and according to methods approved by the village;
(D) Place waste treatment facilities, process faculties, waste streams, or other potential waste problems under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities;
(E) A report on raw materials entering the process or support systems, intermediate materials, final products, and waste by-products, as these factors may pertain to waste control;
(F) Maintain records and file reports on the final disposal of specific liquid, solid, sludge, oils, radioactive materials, solvents, or other waste; and
(G) If any industrial process is to be altered as to include or negate a process waste or potential waste, written notification shall be given to the village, subject to approval of the waste product.
(1984 Code. § 7-01-03-060) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993)
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