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(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)
(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)
(A) (1) Anyone owning or having a legal interest in property within the village limits, or on property outside of the village limits which is the subject of a separate written agreement referenced in §§ 50.01 and 50.02, may request, on forms provided by the village, to construct an extension of an already existing sanitary sewer main to that property.
(2) Owners of or anyone having a legal interest in property outside the village limits making a request to construct an extension of an already existing sanitary sewer main to that property are subject to the additional requirement of § 50.02.
(B) When an extension is approved, such work shall be done under the inspection of the village, its employees, or agents and to the village’s specifications. The village has the exclusive right to determine the type and size of mains and appurtenances required to render adequate sewage disposal service. The expenses of any main extension shall be borne entirely by the applicant.
(C) With the application for a main extension, the applicant shall submit construction-type plans and drawings for review by the village. These plans and drawings shall follow the requirements for such mains as contained in the village’s subdivision regulations.
(D) Within ten days of approval of the extension, the developer shall deposit a financial guarantee with the village. The nature, scope, and amount of such guarantee shall follow the procedure adopted in the zoning ordinance for financial guarantees.
(E) Among other factors contained in this chapter, the criteria to be taken into consideration for a main extension are as follows.
(1) All extensions of mains shall be done in a public right-of-way, unless specifically waived by the Village Council. Previously recorded easements in plats or other evidence of prior intent to construct a main in non-right-of-way area may be considered among other reasons by the Village Council in granting a waiver.
(2) In determining the length of and necessity for any extension requested, the end point of such extension shall be at the farthest point of the most distant lot to be served.
(F) The Village Council by special action may grant an exception to the main extension regulations and the charges deriving from those regulations. The granting of a particular application for an exception to these main extension regulations, or the charges and fees deriving therefrom shall not be construed as a precedent in any other case.
(G) Upon completion of a privately financed main extension and acknowledgment by the Village Manager that the construction was done satisfactorily, the applicant shall convey ownership of the main extension to the village and, upon acceptance thereof by the Village Council, it shall become part of the village’s sewage disposal system.
(1984 Code. § 7-01-03-085) (Ord. 277, passed 6-10-1997; Ord. 352, passed 11-10-2002)
PRETREATMENT
(A) Federal categorical pretreatment standards.
(1) (a) National pretreatment standards specifying quantities or concentrations of pollutant or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories are set forth under 40 C.F.R. Ch. I, Subch. N. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements established by national, state or local law.
(b) Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12. An existing source shall comply with a categorical pretreatment standard within three years of the date the standard becomes effective unless a shorter time is specified in the appropriate subpart of 40 C.F.R. Ch. I, Subch. N.
(c) Unless it meets the definition of a “new source”, as defined in § 52.02, any existing source which becomes an industrial user subsequent of an applicable categorical pretreatment standard shall be considered an existing industrial user. New sources shall install and start up all pollution control equipment required to meet all applicable pretreatment standards prior to discharging to the POTW. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.
(2) (a) When the limits in a categorical pretreatment standard are expressed in terms of mass of pollutant per unit of production, the village may convert the limits to equivalent limitations expressed as mass of pollutant discharge per day of effluent concentration for purposes of calculating effluent limitations applicable to an individual industrial user.
(b) Any equivalent limitation promulgated by the village shall be deemed a pretreatment standard for the purpose of § 307(d) of the Act, being 33 U.S.C. § 1317(d). Users will then be required to comply with equivalent limitations in lieu of any promulgated categorical standard from which the equivalent limitation was derived.
(B) Modification of federal categorical pretreatment standards.
(1) Where the village’s wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the village may apply to the approval authority for modification of specific standards.
(2) CONSISTENT REMOVAL shall mean reduction in the amount of pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in 40 C.F.R. § 403.7(c)(2), (see C.F.R. pt. 403, “general pretreatment regulations for existing and new sources of pollution”), promulgated pursuant to the Act. The village may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 C.F.R. § 403.7, are fulfilled and prior approval from the Approval Authority is obtained.
(1984 Code. § 7-01-03-090) (Ord. 227, passed 1-26-1993)
(A) Discharge permit. Persons who discharge incompatible pollutants or compatible pollutants to the public sanitary sewer in excess of the limits established in this chapter, or as amended, shall obtain a discharge permit in accordance with this chapter, and provide pretreatment of their discharge at their expense in accordance with this chapter. Persons who provide pretreatment shall obtain a discharge permit from the Director. Grease, oil, and sand traps required by the Director shall be installed at no expense to the village.
(B) Dilution. Attainment of allowed concentration shall not be achieved by increased use of process water or any other attempt to dilute as a partial, complete, or substitute for adequate treatment to achieve compliance with any provision of this chapter, unless expressly authorized by an applicable pretreatment standard or requirement.
(C) Incompatible pollutants.
(1) Persons discharging incompatible pollutants, other than those described in this chapter, which are strictly prohibited from being discharged into the sewerage system, shall reduce their incompatible pollutants to levels attainable through the application of the best practicable control technology currently available, as defined in § 304(b) of the Federal Water Pollution Act Amendments of 1972 (Pub. Law No. 92-550), being 33 U.S.C. § 1314(b), unless otherwise indicated in the discharge permit.
(2) If it is found by the Director that certain incompatible pollutants can be reliably removed by the treatment plant, the Director may enter into a contract with the person making the discharge for the purpose of treatment of the pollutants for a fee or extra strength surcharge and allow the discharge. This shall be so indicated in the discharge permit. This credit may be rescinded at any time. All persons discharging or proposing to discharge any toxic pollutant, as defined by § 307(a)(1) of the Federal Water Pollution Act, being 33 U.S.C. § 1317(a), shall apply for permission for such discharge from the Director.
(D) Excess pollutants.
(1) Persons discharging pollutants in excess of the limits listed below shall be subject to review by the Director. The Director shall determine the type or amount of pretreatment required at the user’s expense, or he or she may enter into a contract with the person making the discharge for the purpose of treatment of the pollutants for a fee and allow the discharge. The Director’s determination shall be based on an engineering study prepared at the user’s expense.
(2) The discharge from a user shall be subject to provisions of this chapter when the following limits are exceeded:
(a) Five-day BOD greater than 250 mg/l;
(b) Oil or grease greater than 100 mg/l;
(c) Total phosphorous greater than 15 mg/l;
(d) Average daily flow exceeding 3% of the total daily design flow of the sewage treatment plant; and
(e) Suspended solids greater than 300 mg/l.
(E) Control manholes. When the Director has determined that it is necessary to ascertain the character of discharge to the public sewage system, the owner of such property served by a sewer connection or connections shall install approved control manholes on the connections to allow observations, sampling, and measurements of all substances discharged therein. The cost of the manholes and all equipment considered necessary by the Director for sampling and metering, and all installation and operation of the sampling and metering equipment, shall be at the expense of the user. The Director shall approve all equipment prior to installation.
(F) Control manhole locations. All control manholes shall be located on the user’s property within ten feet of the property line. The control manholes shall be constructed on the sewer connection or the storm sewer connection. If the property is fenced, a gate shall be provided at the manhole location, with provision for a lock to be provided by the Director. If the user does not want direct access to his or her property for security or other reasons, he or she shall, at his or her expense, construct a security fence around the control manhole of an area acceptable to the Director. The Director may allow control manholes in the street right-of-way in an approved manner and location. Those control manholes that cannot be constructed within ten feet of the property line shall be in an open and accessible area.
(G) Right of inspection. The Director may inspect the facilities of any user to determine whether the purpose of this chapter is being met and all discharge requirements are being complied with. Persons or occupants of premises where sewage or other wastes are created or discharged shall allow the Director ready access at all reasonable times, and make provisions for emergency access, to all parts of the premises for the purposes of inspecting, photo documenting, sampling, or in the performance of such governmental function.
(H) Requirements for sewer outfalls. Access to and inspection of sewer outfalls to the river and sewer meters shall be as outlined above.
(I) Facility drawings. Detailed plans showing the pretreatment facilities and operating procedures and effluent characteristics shall be submitted to the Director for review and approval before construction of the facility. The approval of such plans and procedures will in no way relieve such persons from the responsibility of modifying the facility, if necessary, to produce an acceptable effluent. Any changes in the approved facilities or method of operation shall be reviewed and approved by the Director.
(J) (1) Any person to which pretreatment standards are applicable shall be in compliance with such standards in the shortest reasonable time, but not later than three years from the date of promulgation of U.S. EPA guidelines. In addition, pretreatment facilities for incompatible pollutants introduced into the sewer system by a major contributing industry shall commence construction within 18 months from the date of the final promulgation of the effluent limitations guidelines defining best practicable control technology currently available.
(2) The Director shall require the development of a compliance schedule, by each person discharging industrial wastes, for the installation of such pretreatment or equalization technologies.
(K) (1) The Superintendent may adjust categorical pretreatment standards to reflect the presence of pollutants in the industrial users intake water in accordance with the provisions of this division (K)(1). Any industrial user wishing to obtain credit for an intake pollutant must make application to the Superintendent.
(2) The industrial user the applicable standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) provided the following conditions are met.
(a) The industrial user demonstrates that the control system it proposes to use to meet applicable categorical pretreatment standards would, properly installed and operated, meet the standards in the absence of pollutants in the intake waters;
(b) Credit for generic pollutants such as biochemical oxygen demand, total suspended solids, and oil and grease will not be granted, unless the industrial user demonstrates that the constituents of the generic measure in the user’s effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere;
(c) Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standards up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits in compliance with standards adjusted under this section; and
(d) A credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The Superintendent may waive this requirement if it finds that no environmental degradation will occur.
(1984 Code. § 7-01-03-100) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993)
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