§ 51.24 USE OF THE PUBLIC SEWERS.
   (A)   No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all the users of a POTW whether or not the user is subject to the National Categorical Pretreatment Standards or any other federal, state, or local pretreatment standards or requirements. The village may refuse to accept any wastes which will cause the POTW to violate its NPDES discharge limits. A user may not contribute the following substances to any POTW:
      (1)   Any liquids, solids, or gases including, but not limited to, waste streams with a closed cup flash point of less than 140°F, which by reason of their nature and quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides;
      (2)   Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
      (3)   Any wastewater having a pH less than 6.0 or greater than 9.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW;
      (4)   Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or exceed the limitation set forth in a Categorical Pretreatment Standard. This prohibition of toxic pollutants will conform to § 397(a) of the Act;
      (5)   Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sanitary sewers for maintenance and repair, including pollutants which result in the presence of toxic gases, vapors, or fumes within the sewer system in a quantity that may cause acute worker health and safety problems;
      (6)   Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludge, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process;
      (7)   Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards;
      (8)   Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solution;
      (9)   Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40°C (104°F);
      (10)   Any pollutants, including oxygen demanding pollutants (BOD, and the like) released at a flow rate and/or pollutant concentration which will cause interference to the POTW;
      (11)   Any wastewater containing any radioactive wastes or isotopes of the half-life or concentration as may exceed limits established by the Director in compliance with applicable federal or state regulations;
      (12)   Any wastewater which causes a hazard to human life or creates a public nuisance;
      (13)   Any unpolluted water, including, but not limited to, stormwater, groundwater, roof water, or noncontact cooling water;
      (14)   Any waters or wastes containing suspended solids or any constituent of the character and quantity that unusual attention or expense is required to handle the materials at the sewage treatment plant;
      (15)   Any waste from individual sewage disposal systems except at the Wastewater Treatment Plant as provided in division (B) below, except that waste from any individual sewage disposal system may be disposed of directly into a sanitary sewer upon entering into an agreement with the village, which agreement shall specify the site of disposal, sewage disposal charge, and the other conditions as may be required to satisfy the sanitation and health requirements of the village. For the purpose of this division (A)(15), INDIVIDUAL SEWAGE DISPOSAL SYSTEM is defined to include every means of disposing of industrial, commercial, household, domestic, or other water-carried sanitary waste or sewage other than a public sanitary sewer;
      (16)   Any sludge, precipitate, or congealed substances resulting from an industrial or commercial process, or resulting from the pretreatment of wastewater or air pollutants; and/or
      (17)   Any trucked or hauled wastewater, except as specifically allowed by the Director.
   (B)   Waste from individual sewage systems may be accepted with permission of the Director at the Wastewater Treatment Plant. No waters or wastes described in this section shall be disposed of at the Wastewater Treatment Plant. The Director shall determine rates for disposal at the Wastewater Treatment Plant at the time of acceptance.
   (C)   (1)   Except as authorized by the Director, no person shall discharge wastewater containing in excess of:
         (a)   330   mg/l BOD5;
         (b)   360   mg/l total suspended solids;
         (c)   42 mg/l total ammonia nitrogen; and/or
         (d)   21 mg/l total phosphorus.
      (2)   Should the above concentrations, either individually or in combination with one another, interfere with the sewage treatment process or cause difficulties or damage to the receiving waters, the maximum concentrations of these substances will be reduced by order of the Director. Should any other substances, either individually or in combination with other substances, interfere with the sewage treatment process or cause damage to the receiving waters or affect the sanitary or storm sewer system, the allowable concentration of these substances will be reduced by order of the Director. Should the Director determine that the above limits can be raised without damage to the sewer system or the sewage plant exceeding the federal or state limits, then the Director may raise the limits and shall determine the individual concentrations depending on quantity of flow, equipment, capabilities, reliability of testing, and the like.
      (3)   (a)   If any waters are discharged or are proposed to be discharged to the public sanitary sewers, which waters contain the substances or possess the characteristics enumerated above, and which in the judgment of the village may have a deleterious effect on the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the village may:
            1.   Reject the wastes;
            2.   Require pretreatment to the level defined as normal domestic sewage;
            3.   Require control over the quantities and rates of discharge;
            4.   Require payment to cover the added cost of handling and treating the wastes not covered using taxes or sanitary sewer charges; and/or
            5.   Require new industrial customers or industries with significant changes in strength or flow to submit prior information to the village concerning the proposed flows.
         (b)   If the village permits the pretreatment or equalization or waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the village and shall be subject to the requirements of all applicable codes, ordinances, and laws.
   (D)   (1)   Upon the promulgation of the National Categorical Pretreatment Standards for a particular subcategory, the pretreatment standard shall apply in any case where they have more stringent requirements or limitations than those of this chapter. The Director shall notify all affected users of the applicable reporting requirements.
      (2)   Existing users subject to new National Categorical Pretreatment Standards shall achieve compliance within 3 years of the date the standard is promulgated, unless a shorter compliance schedule is specified in the standard new sources subject to National Categorical Pretreatment Standards shall install, have in operating condition, and have started up all pretreatment equipment required to achieve compliance before beginning to discharge; and shall meet all applicable pretreatment standards within the shortest feasible time, but not to exceed 90 days after beginning to discharge.
   (E)   State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitation, or those in this chapter.
   (F)   The village reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 51.01.
   (G)   (1)   No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, water from footing drains, or roof water to any sanitary sewer or sanitary sewer connection. Any premises connected to a storm sewer shall comply with county, state, and federal requirements as well as those of the village.
      (2)   Downspouts and roof leaders shall be disconnected from sanitary sewers within 6 months of the date of this chapter. If this is not done, the village shall perform this work and bill the user.
   (H)   Stormwater, groundwater, and all other unpolluted drainage shall be discharged to the sewers as are specifically designed as combined sewers or storm sewers. Discharge of cooling water or unpolluted process water to a natural outlet shall be approved only by the MDEQ.
   (I)   Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, and other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
   (J)   Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.
   (K)   (1)   The admission into the public sewers or any waters, wastes containing the following shall be subject to review and approval by the Director:
         (a)   Five-day BOD greater than 330 parts per million by weight of suspended solids;
         (b)   Containing more than 360 parts per million by weight of suspended solids; or
         (c)   Having an average daily flow greater than 2% of the average daily sewage flow of the village, or having a rate of flow (gallons per day) greater than 10% of the daily village flow for a period of 1 hour or more.
      (2)   When necessary in the opinion of the village, the owner shall provide at his or her expense, the preliminary treatment as may be necessary to reduce the 5-day BOD to 330 parts per million by weight; or to reduce objectionable characteristics of constituents to within the maximum limits provided for in division (A) above, or control the quantities and rates of discharge of the waters or wastes.
   (L)   (1)   Where the strength of sewage from an industrial, commercial, or institutional establishment exceeds 330 parts per million of biochemical oxygen demand, or 360 parts per million by weight of suspended solids, and where the wastes are permitted to be discharged to the sewer system by the Director, an added charge, as noted below, will be made against the establishment according to the strength of the wastes when so required by the village. The strength of the wastes shall be determined by composite samples taken over a sufficient period of time to ensure a representative sample. The costs of taking and making the first of these samples shall be borne by the village. The cost of any subsequent sampling and testing shall be borne by the industry or establishment, whether owner or lessee. Tests shall be made by an independent laboratory or at the Village Wastewater Treatment Plant.
      (2)   Added charges shall be determined by the village. These charges shall be based on the cost of operation, maintenance, administration, depreciation, amortization, plus sufficient bond coverage for the sewage works.
   (M)   (1)   The village may prohibit the admission into the public sanitary sewers or waters or wastes as follows:
         (a)   Containing any quantity of substances having the characteristics described in divisions (A)(1) or (A)(2) above; or
         (b)   Having an average daily flow greater than 2% of the average daily sewage flow of the village, or having a rate of flow (gallons per day) greater than 10% of the average daily village flow for a period of 1 hour or more, shall be subject to review and approval of the Superintendent.
      (2)   Where necessary in the opinion of the village, the owner shall provide at his or her expense the preliminary treatment as may be necessary to reduce the 5-day BOD, suspended solids, to concentrations given in division (C) above; or to reduce objectionable characteristics of constituents to within the maximum limits provided for in division (C) above, or control the quantities and rates of discharge of the waters or wastes.
   (N)   (1)   All measurements, tests, and analyses of the characteristics of water to which reference is made in divisions (A) and (H) above shall be determined in accordance with the latest edition at the time of Standard Methods for Examination of Water and Sewage, and shall be determined at the control manhole provided for in § 51.21(F), or upon suitable samples taken at the 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.
      (2)   (a)   Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents on the sewage works and to determine the existence of hazards to life, limb, and property.
         (b)   The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether grab samples should be taken.
      (3)   Industrial cooling water containing the pollutants as insoluble oils or grease or other suspended solids shall be pretreated for removal of the pollutants and then discharged to a MDEQ-approved drainage outlet.
      (4)   Agents of the village, County Health Department, MDEQ, or U.S. EPA, shall have the right to enter all properties for the purpose of inspecting, measuring, sampling, and testing the wastewater discharge and copying applicable pretreatment records.
   (O)   To determine the sewage flow from any establishment, the Director may use 1 of the following methods:
      (1)   The amount of water supplied to the premises by the village or a private well or water company as shown on the water meter if the premises are metered, and in all cases using water meters obtained from the village and paid for by the customer. The village must approve water meters provided by a private water company or by a customer for a private well and paid for by the customer. All the water meters must be accessible to the village for meter reading and replacement purposes. Meters shall be installed in a readily accessible location and in a manner satisfactory to the village. A meter shall not be installed in a place where the meter reader cannot readily reach it. All meters shall be installed horizontally in dry, clean, sanitary locations, and in the places that small leaks and the spilling of water will do no damage. All meters shall be in a suitable location to prevent the pipes and meters from freezing in cold weather. If a suitable and readily accessible location is provided in a dry basement sufficiently well heated to prevent freezing of the meter during the winter, the meter may be placed in the basement. Where the premises contains no basements or cellar, the meter shall be installed in a location that shall be approved by the village. Where it is necessary to install the meter in a pit outside a building, the pit shall be built as directed by the village. With village approval and when a sump pump or drain is provided, meters may be installed below grade line in a brick or first floor meter pit. All meter pits shall be of pre-cast concrete, built in accordance with specifications furnished by the village, with cover openings directly over meters. Unless otherwise authorized by the village, all meters shall be of the disc type. All meters shall be under the control of the village and shall be equipped with an instrument capable of being remotely connected and read away from the meter itself. The instrument shall be installed on the exterior of the building as directed by the village. All new inside meters will require remote registers, or remote telephonic reporting as the village may specify. When requesting connection to the village's water system, the user shall furnish information about the amount of contemplated water supply demand and the village shall determine the size and type of meter to be installed. If any meter or metering system fails to register properly or if a meter is inaccessible for reading, the village shall estimate consumption based on former consumption. Should a meter become defective or fail to register correctly, the quantity of water used shall be determined by the amount used during the corresponding period of the preceding year, or at the option of the village, by averaging the amount for the period immediately preceding and subsequent to the period wherein the meter registered quantities of water usage. The accuracy of the meter on any premises will be tested by the village upon written request of the customer and/or user who shall pay in advance a fee to cover the cost of the test. If on the test, the meter shall be found to register over 3% more water than passes through it, another meter will be substituted therefore, and the fee will be refunded, and the water bill will be adjusted from the immediately preceding and current billing periods, if appropriate in the judgment of the village. The expense of maintaining meters will be borne by the village. The village shall seal meters and no person except an authorized employee of the village shall break, the seals. No unauthorized person shall change the location of, alter, or interfere in any way with any meter;
      (2)   If the premises are supplied with river water or water from private wells, the amount of water supplied from the sources as estimated by the Director from the water, gas, or electric supply;
      (3)   If the premises are used for an industrial or commercial purpose of such a nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system made by the Director from the water, gas, or electric supply;
      (4)   The number of gallons of sewage discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the sewer system at his or her own expense in accordance with the terms and conditions of the permit used by the Director pursuant to § 51.23; or
      (5)   A figure determined by the Director by any combination of the foregoing or by any other equitable method.
   (P)   Except when expressly authorized to do so by an applicable National Categorical Pretreatment Standard, no user shall ever attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the pollutant-specific limitation developed by the village or state.
   (Q)   Where required, a user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. The village will evaluate, at least once every 2 years, whether a user without the protection will be subjected to these requirements. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the village for review, and shall be approved by the village before construction of the facility. All required users shall complete such a plan within 90 days. If required by the village, a user who commences contribution to the POTW after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the village. Review and approval of the plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
      (1)   Written notice. Within 5 days following an accidental discharge, the user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. The notification shall not relieve the user of any expenses, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
      (2)   Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
   (R)   Discharge of detectable mercury shall be prohibited except as follows.
      (1)   Each discharger of detectable mercury shall have a village-accessible monitoring point for the net process effluent. All costs for installation of this monitoring point shall be the discharger's responsibility.
      (2)   Each discharger of detectable mercury shall routinely self-monitor its effluent for mercury using a composite sample collected over the period of normal discharge, a detection level of 0.2 ug/L (EPA Method 245.1), and a frequency to be established by the village. While the discharger may contract with the village or an outside consultant/laboratory to conduct this sampling and analytical testing, all associated costs shall be the discharger's responsibility.
      (3)   At its discretion, the village may collect additional samples from each discharger of detectable mercury. If the discharger uses an outside consultant/laboratory to perform the self-monitoring, the village will perform a surveillance sampling at least annually. If the village is contracted to perform the self-monitoring, this annual surveillance requirement will be waived.
      (4)   Each discharger of detectable mercury shall develop and implement a Mercury Minimization Plan. The purpose of this plan shall be to establish actions and an implementation schedule to minimize mercury entering the collection system. The plan, which will be subject to review and approval by the village, shall address the following:
         (a)   Treatment systems for removal of mercury from the discharged wastewater;
         (b)   Written procedures for disposal of mercury contaminated wastes;
         (c)   New employee training, as well as refresher training for current employees;
         (d)   Review of purchased materials to ensure they are mercury free; and
         (e)   Other activities deemed appropriate by the discharger.
      (5)   Failure to comply with these conditions may result in termination of sewer service. If the village determines that all reasonable and cost-effective actions based on economic, technical, and treatability considerations have been implemented, a discharge containing detectable mercury may be accepted on the condition that the Mercury Minimization Plan continue to be actively administered.
   (S)   (1)   Bypass producing a discharge which violates applicable pretreatment requirements is prohibited, and the village may take enforcement action against a user for the bypass, unless the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; there were no feasible alternatives to the bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime (except where adequate backup equipment should, have been installed in the exercise of reasonable engineering judgment to operate during normal periods of equipment downtime or preventive maintenance); and the user submitted required notices.
      (2)   If the user knows in advance of the need for bypass, a prior notice shall be submitted to the village at least 10 days before the date of the bypass. The village may approve or disapprove this anticipated bypass, after considering its adverse effects.
      (3)   A user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment requirements to the village within 24 hours from the time the user becomes aware of the bypass. Unless waived by the village, a written submission shall then be provided within 5 days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration 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.
   (T)   No statement contained in this section shall be construed as preventing any special agreement or arrangement between the village and any person, firm, or corporation whereby waste of unusual strength or character may be accepted by the village, subject to payment therefor by the person, firm, or corporation, provided the waste will not damage the sanitary sewer, storm sewer, sewage treatment plant, or receiving waters.
(Ord. 247, passed 2-2-2004) Penalty, see § 51.99