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§ 52.23 INDUSTRIAL USE OF SYSTEM.
   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)
§ 52.24 BUILDING SEWERS AND CONNECTIONS WITH UTILITIES.
   (A)   Connection permit required. No person may construct a building sewer and connect it to the village’s sewage disposal system without first receiving permission from the village. Application shall be made to the village on its forms at least seven days before the requested connection date. No application shall be accepted unless accompanied by the required fee. Failure to submit the application timely may result in delays, but may not be the basis for rejection of the application.
   (B)   Responsibility.
      (1)   The property owner is responsible for maintaining and preserving the good working conditions of the building sewer line up to and including the connection to the public sanitary sewer main or other proper sewage disposal point.
      (2)   If any building sewer line, or any portion thereof passes over or through premises which at the time of installation are the property of persons other than the owner of the premises to be served by the building sewer line, evidence of an easement acceptable to the village must be presented to the village before a connection permit may be issued for such line. The easement shall be recorded with the County Register of Deeds at the expense of the owner being served.
   (C)   Sewer requirements.
      (1)   All sewer connections shall be made with approved sewer pipe, not less than six inches in diameter, and at such locations in the public sewers where branches, wyes, or tees were placed for that purpose, if any. Where there are no branches, wyes, or tees, the sewer may, for the purpose of making connections, be tapped under the direction and supervision of the Director and the connection shall be made by a saddle device approved by the Director.
      (2)   All work for the purpose of making sewer and water connections shall be done in compliance with the rules and regulations adopted by the village and the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. § 338.3511, enforced by the village. The materials of construction and construction methods must meet the requirements of the village.
      (3)   Whenever any existing sewer connections have been made with pipe smaller than six inches in internal diameter, then a stub connection not less than six inches in internal diameter shall be constructed from the main to the property line to serve such premises; however, the owner of any lot or parcel of land having a sewer connection of less than six inches internal diameter shall not be required to connect to the new stub connection until such time as existing connection is inadequate or requires repairing in public property.
      (4)   In no case shall the village issue a permit to repair an existing connection less than six inches in diameter under a pavement or gravel street where a six-inch stub line has been constructed, and if there is no six-inch stub line constructed, then the connection of less than six inches in diameter shall be replaced with a six-inch tile at the time when replacements or repair become necessary.
   (D)   Failure to connect. In the event the owner of a parcel of land fails to connect within the time permitted by the State Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq. the village shall proceed to take such action as is authorized by the said Public Health Code to require the connection.
   (E)   Deferment of connection fee. Property owners, by reason of financial hardship, who are unable to pay the connection fee, may request to have the fee deferred until a later time under the following conditions and according to policies adopted by Council from time to time:
      (1)   Paying such fee would, by reason of age, indigency, or any other factor affecting ability to pay, tend to cause the property owner to become a public charge, or would otherwise work undue hardship upon the property owner;
      (2)   Deferring the connection fee from collection would not impair the financial standing of the village or the village’s sewage disposal system;
      (3)   Deferring the collection of the connection fee is in the best interest of the village; and
      (4)   No connection fee shall be deferred unless the property owners execute a note to the village secured by a real estate mortgage of the property being connected in order to ensure the eventual payment of the fee with the following conditions:
         (a)   The balance(s) due upon any other mortgages that are liens on the property to be connected and that have precedence over the village’s mortgages are such as to leave a sufficient equity in the property as to provide adequate protection and security to the village for the eventual payment;
         (b)   The note and mortgage may provide for an extension beyond the death of the mortgagor if necessary to protect the homestead of a surviving spouse or other dependent of the mortgagor;
         (c)   The note may bear interest at a rate determined by the Village Council;
         (d)   The note shall be payable in such number of years as the Village Council may determine, but in any event, shall be due and payable in full upon the death of the mortgagors or the sale of the property;
         (e)   The note shall provide that failure to pay real property taxes upon or personal property taxes in connection with the mortgaged property may be grounds for acceleration of the due date of such note and mortgage; and
         (f)   The note shall require the mortgagor to keep the real property insured with companies and in amounts acceptable to the village.
   (F)   Permit information. The Director shall keep a record of all permits granted under the authority of this chapter which shall include the name of the applicant and contractor, the location of the work, and the place in the street where the connection is to be made.
   (G)   Transferability of connection permits. Connection permits are issued for a specific property and are not transferable from one property to another. A permit runs with the land and stays with the property for which the permit was issued.
   (H)   Issuing connection permits to applicants outside village limits. Except as may be otherwise provided in a separate written agreement approved by no less than five of seven members of the Village Council, as provided for in section §§ 50.01 and 51.02, when application is made for permission to connect premises located outside of the village limits to the village’s sanitary sewer system, the Village Council may authorize the Village Manager to giant a permit for said connection upon the following terms and conditions:
      (1)   The premises for which the connection application is made abuts or is adjacent to a public right-of-way where a properly sized sanitary sewer main exists;
      (2)   The owner of the premises for which connection is sought submits with the application written permission from the governmental unit in which the premises are located to make the connection and an agreement from the governmental unit that it will place any delinquent sewage disposal charges, plus interest and penalties on the real property taxes of this property according to the procedures contained in Public Acts 94 of 1933, being M.C.L.A. §§ 141.101 et seq., as amended;
      (3)   The owner of the premises for which connection is sought acknowledges that all plumbing facilities within the building to be connected are installed according to the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. 338.3511, currently enforced by the village;
      (4)   The owner of the premises for which connection is sought agrees to place a water meter in a location that meets village requirements;
      (5)   The owner of the premises for which connection is sought agrees to install in the building sewer line at or near the public right-of-way line an approved mechanism that can be accessed only by the village and that, when accessed, will stop the flow of waste to the sanitary sewer main;
      (6)   The owner of the premises for which connection is sought agrees to be bound by the rules and regulations of the village for the furnishing of sewage disposal service to the connected building, including rates, fees, and charges; and
      (7)   The owner of the premises for which connection is sought shall pay at the time of application a connection fee equal to 200% of the connection permit fee charged to premises situated within the village limits.
   (I)   Separate sewers. A separate and independent building sewer line shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, easement, or driveway, the building sewer from the front building may be extended to the rear building, and the whole shall be considered as one building sewer. No privately-owned sewer line, whether said line is located on the property being connected to the sewage disposal system, on the property of another as provided for in an easement, or in a public right-of-way shall be used to connect more than one premises.
   (J)    Work on private property. Excavation and backfill for building sewers on private property may be made by the owner. Connections and installation of the building sewer on private property shall be made by a licensed plumbing contractor or licensed sewer contractor.
   (K)   New use of existing sewers. Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the village, to meet all requirements of this chapter.
   (L)   Elevation of connection. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Director and discharged to the building sewer.
   (M)   Prohibited surface runoff connections. No person or owner shall make connection of roof downspouts, areaway drains, or other sources of surface runoff to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
   (N)   Prohibited groundwater connections. Exterior foundation drain or other sources of groundwater shall not be connected to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(1984 Code. § 7-01-03-070) (Ord. 277, passed 6-10-1997; Ord. 352, passed 11-10-2002)
§ 52.25 REGULATION OF PUBLIC SEWERS.
   (A)   Limits.
      (1)   Use of public sewers shall be limited to those discharges that are not harmful to the public sewerage system, the sewage treatment plant, or the stream receiving the sewage treatment plant effluent.
      (2)   In the event that natural or human-made discharge(s) (including new, increased contributions or changes in the nature of pollutants) are detrimental to the water pollution control facilities, or to the public health and welfare of the community, or do not meet applicable pretreatment standards and requirements or where such occurrences would cause the POTW to violate its NPDES permit, any such discharge(s) could be prohibited, wholly, or in part, at any time.
   (B)   Prohibited discharge.
      (1)   Except as herein provided, a user shall not introduce into the POTW any pollutant(s) which cause “pass-through” or “interference”, as defined in § 52.02. These general prohibitions and the specific prohibitions in division (B)(2)(b) below apply to each user introducing pollutants to the POTW whether or not the user is subject to other national pretreatment standards, or any national, state, or local pretreatment requirements.
      (2)   Further, no person shall discharge or cause to be discharged, any of the following described waters or wastes, directly or indirectly, to any public sewer:
         (a)   Broadly, any water or waste will be prohibited that may cause damaging, hazardous, or unhealthful effects by:
            1.   Reacting chemically, either directly or indirectly, with the water pollution control works;
            2.   Having a mechanical action that will destroy or damage the water pollution control facilities;
            3.   Restricting the hydraulic capacity of the water pollution control facilities;
            4.   Restricting the normal inspection or maintenance of the water pollution control facilities;
            5.   Placing unusual demands on the water pollution control facilities or process;
            6.   Limiting the effectiveness of the water pollution control process;
            7.   Being dangerous to public health or safety; or
            8.   Causing obnoxious conditions contrary to the public interest.
         (b)   Specifically, any of the following wastes shall be prohibited:
            1.   Having a pH below six or above nine;
            2.   Containing more than ten mg/l of gases listed in division (B)(2)(b)3. below;
            3.   Hydrogen sulfide, sulfur dioxide, oxides of nitrogen, or any of the halogens;
            4.   Containing any explosive liquid, solid, or gas;
            5.   Containing any flammable substances with a flash point lower than 187°F;
            6.   Having a temperature below 32°F (0°C) or heat in amounts which would inhibit biological activity in the POTW resulting in interference, but in no case, heat in such quantities that the temperature exceeds 104°F (40°C) at the head of the sewage treatment plant;
            7.   Containing grease or oil or other substance(s) that will solidify or become viscous at temperatures below 100°F;
            8.   Containing an insoluble substance(s) in excess of 10,000 mg/l;
            9.   Containing total solids (soluble or insoluble) in excess of 20,000 mg/l;
            10.   Containing a soluble substance(s) in concentrations that could increase the viscosity to greater than one and one-tenth specific viscosity;
            11.   Containing an insoluble substance(s) having a specific gravity greater than two and sixty-five hundredths;
            12.   Containing insoluble substance(s) that will fail to pass a No. 8 standard sieve, or having any dimension greater than one-half inch;
            13.   Containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals;
            14.   Having a chlorine demand greater than 15 mg/l in 30 minutes;
            15.   Containing more than five mg/l of any antiseptic substance;
            16.   Containing phenols in excess of two-tenths mg/l or as approved by the State Water Resources Commission;
            17.   Containing any toxic or irritation substance which will create conditions hazardous to public health and safety;
            18.   Containing grease, oil, or any oil substance exceeding 100 mg/l;
            19.   Containing radioactive wastes or isotopes;
            20.   Being of sufficient flow or concentration or both to be defined as a slug under this chapter;
            21.   Containing any sludge or precipitates or extractions resulting from any industrial or commercial treatment or pretreatment of any wastes of such;
            22.   Containing any wastes of such character and quantity that unusual attention or expense is required for processing;
            23.   Having discharge concentrations of incompatible pollutants exceeding the standards of the latest published guideline established by the state and federal governments for the effluent of the village treatment plant as provided in this chapter;
            24.   Pollutants which create a fire of explosive hazard in the POTW including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F or 60°C, using the test methods specified in 40 C.F.R. § 261.21;
            25.   Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause “interference” or “pass-through”, as defined in this § 52.02;
            26.   Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
            27.   Any trucked or hauled pollutants, except at discharge points designated by the POTW;
            28.   Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference; or
            29.   Any pollutant, including oxygen demanding pollutants, released in a discharge at flow rate and/or pollutant concentration which will cause interference with the POTW.
         (c)   1.   The following pollutant limits are established to protect against pass-through and interference.
            2.   No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits.
Pollutant
Limit, mg/l
Pollutant
Limit, mg/l
Arsenic
0.16
Cadmium
0.71
Chromium
41.7
Cyanide
2.3
Lead
3.4
Mercury
Non-detectable *
Molybdenum
24.8
Nickel
16.1
Selenium
0.988
Silver
0.27
Zinc
14
* is equal to 0.5 ng/l
 
            3.   No person shall discharge wastewater containing pollutants in excess of the local limits for those pollutants which have been established for the Village’s Wastewater Treatment Plant (WWTP) using standard procedures, calculations, and methods acceptable to protect against pass-through, interference, protection of village employees, and adverse effects on wastewater residuals disposal. No industrial user shall discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of the concentrations set forth by the Director. Local limits shall be included as permit conditions and attached to each SIU wastewater permit issued.
            4.   The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, Wastewater Treatment Plant operation, performance, and processes, the industrial user base, potable water quality, and domestic wastewater characteristics.
Modifications to the established local limits must be reviewed and approved by State Department of Natural Resources and Environment (MDNRE) prior to implementation. Implementation shall be effective 30 days from notice of acceptance of the modified limits by MDNRE. Permitted SIUs shall also be issued an addendum to their wastewater discharge permit containing the new local limits. The established local limits apply at the point where the wastewater is discharged to the WWTP. All concentrations for metallic substances are for total metal unless indicated otherwise. At his or her or her discretion, the Director may impose mass limitations in addition to or in place of the concentration-based limitations.
               a.   The local discharge limitation for mercury is established at the level of detection in accordance with the following.
                  i.   There shall be no detectable amounts of mercury discharged to the village sanitary sewer. Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with EPA Method 245. 1. The level of detection, developed in accordance with the procedure specified in 40 C.F.R. pt 136, shall not exceed 0.2 mg/l for Mercury, unless higher levels are appropriate due to matrix interference.
                  ii.   The evaluation of potential matrix interference(s) shall include, at a minimum, the following:
                     A.   A demonstration that the laboratory conducting the analysis is capable of achieving the level of detection of 0.2 mg/l in reagent water;
                     B.   A demonstration that the level of detection of 0.2 mg/l cannot be achieved in the effluent; and
                     C.   A demonstration that an attempt has been made to resolve the matrix interference(s).
               b.   In cases where true matrix interference(s) can be demonstrated, a discharge specific level of detection will be developed in accordance with the procedure in 40 C.F.R. pt 136. Discharge specific levels of detection will be incorporated into the wastewater discharge permit of the nondomestic user.
               c.   Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for total metal, unless indicated otherwise.
            d.   At his or her discretion, the Superintendent, may impose mass limitations in addition to or in place of the concentration based limitations above.
         (d)   The user shall have an affirmative defense in any action bought against it alleging a violation of the general prohibition and specific prohibitions established above in this division (B)(2)(d) if the user can demonstrate that it did not know or have reason to know that its discharge, alone or in conjunction with a discharge(s) from other sources, would cause pass-through and/or interference, and:
            1.   A local limit designed to prevent pass-through and/or interference has been developed by the POTW for each pollutant in the user’s discharge that caused the pass-through and/or interference, and the user was in compliance with each such local limit directly prior to and during the pass-through and/or interference; or
            2.   A local limit designed to prevent pass-through and/or interference has not been developed for pollutants that caused the pass-through and/or interference, and the user’s discharge directly prior to and during the pass-through and/or interference did not change substantially in the nature or constituency from the users prior discharge activity when the POTW was regularly in compliance with the POTW’s NPDES permit requirements, and in the case of interference, applicable requirements for sewage, sludge use, or disposal.
   (C)   Point of application. The above preceding standards and regulations, unless otherwise noted, are to apply at the point where the wastes are discharged into a public sewer, and all chemical and/or mechanical corrective treatment must be accomplished to practical completion before this point is reached.
   (D)   Effluent limitations.
      (1)   In cases where pollutants contributed by user(s) result in interference or pass-through and such violations are likely to reoccur, the village may develop and enforce specific effluent limitations for industrial user(s) and all other users as appropriate together with appropriate changes in the POTW treatment plant, facilities or operations which are necessary to ensure continued compliance with the POTW’s NPDES permit or sludge use or disposal practices.
      (2)   If the village operates under this section and sets specific effluent limitations, they shall not be developed nor enforced without individual notice to groups who have requested such notice and those individuals have had an opportunity to respond to the proposed effluent limitations.
   (E)   Pretreatment standards required by state law. Nothing in this chapter is intended to affect any pretreatment requirements, including standards or prohibitions established by the state or local law, as long as the state or local requirements are not less stringent than those set forth in the national pretreatment standards, or any other requirements or prohibitions established under the Act.
(1984 Code. § 7-01-03-080) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993)
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