(A) General discharge prohibitions. 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 such users of a POTW whether or not the user is subject to the National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. The city 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. At no time, shall 2 successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the Meter. Prohibited Materials Include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xyletie, ethers, alcohols, ketones, aldehydes, peroxides, ehlolateg, petaltrates, broinates, tatbides, 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 fleshings, 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 § 307(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 sewers for maintenance and repair, including 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;
(6) Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq., the Clean Air Act, being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2681 et seq., or state criteria applicable to the sludge management method being used;
(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 solutions;
(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 an half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal 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 storm-water, groundwater, roof water or noncontact cooling water;
(14) Any waters or wastes containing suspended solids or any constituent of a 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 POTW treatment plant as provided herein or except for waste from any individual sewage disposal system that may be disposed of directly into a sanitary sewer upon entering into an agreement with the city; the agreement shall specify the site of disposal, sewage disposal charge, and such other conditions as may be required to satisfy the sanitation and health requirements of the city. For the purpose of this division,
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
(17) Any trucked or hauled wastewater, except as specifically allowed by the Director.
(B) Specific pollutant limitations.
(1) Toxic pollutants. Under no circumstances shall any person discharge wastewater containing in excess of:
(a) 1.8 mg/l arsenic.
(b) 0.58 mg/l cadmium.
(c) 18 mg/l chromium (total).
(d) 1.7 mg/l chromium (hexavalent).
(e) 4.9 mg/l copper.
(f) 1.3 mg/l cyanides.
(g) 9.0 mg/l lead.
(h) 0.33 mg/l mercury.
(i) 7.5 mg/l nickel.
(j) 0.70 mg/l silver.
(k) 6.0 mg/l zinc.
(l) 1.7 mg/l total phenols.
(m) 0.011 mg/l polychlorinated biphenyls.
(2) Conventional pollutants. Except as authorized by the Director, no person shall discharge wastewater containing in excess of:
(a) 140 mg/l BOD5.
(b) 160 mg/l total suspended solids.
(c) 25 mg/l total Kjeldahl nitrogen.
(d) 5 mg/l total phosphorus.
(e) 320 mg/l COD.
(f) 100 mg/l by weight of fat, oil or grease.
(g) 30 mg/l chlorine demand, at 30 minutes.
(3) Determinations. 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 the Director determine that the above limits can be raised without damage to the sewer system or the sewage plant exceeding the state or federal 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. 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 limited by order of the Director.
(4) Hazards; public nuisances.
(a) If any waters are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above, and which in the judgment of the city may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city 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 sewer charges; and/or
5. Require new industrial customers or industries with significant changes in strength or flow to submit prior information to the city concerning the proposed flows.
(b) If the city permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the city and shall be subject to the requirements of all applicable codes, ordinances and laws.
(C) Compliance with applicable pretreatment standards.
(1) Upon the promulgation of the National Categorical Pretreatment Standards for a particular subcategory, the pretreatment standard, if more stringent than limitations imposed under this subchapter for sources in that subcategory, shall immediately supersede the limitations imposed under this subchapter and shall be considered applicable to the industrial user. 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.
(D) Compliance with state requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this subchapter.
(E) City’s right of refusal and revision.
(1) The city may prohibit the admission into the public sewers or any waters or wastes as follows:
(a) Containing any quantity of substances having the characteristics described herein by the general discharge prohibitions or the specific pollutant limitations;
(b) Having an average daily flow greater than 2% of the average daily sewage flow of the city, or having a rate of flow (gallons per day) greater than 10% of the average daily city flow for a period of 1 hour or more, shall be subject to review and approval of the Director.
(2) The city also 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 § 52.35.
(F) Stormwater, surface water, or groundwater.
(1) Unless specifically authorized by the Director, 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 sewer connection. Any premise connected to a storm sewer shall comply with county, state and federal requirements as well as those of the city.
(2) Downspouts and roof leaders shall be disconnected from sanitary sewers within 6 months of the date of this subchapter. If this is not done, the city shall perform this work and bill the user.
(3) Stormwater, groundwater and all other unpolluted drainage shall be discharged to such 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 Michigan Water Resources Commission.
(4) Cooling water containing such pollutants as insoluble oils or grease or other suspended solids shall be pretreated for removal of the pollutants and then discharged to a Michigan Department of Natural Resources approved drainage outlet.
(G) Grease, oil and sand interceptors.
(1) 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.
(2) Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
(H) Equalization and pretreatment. Where necessary in the opinion of the city, the owner shall provide at his or her expense, such equalization and pretreatment as may be necessary to reduce conventional pollutants to concentrations given in § 52.42(B)(2); or eliminate objectionable characteristics of toxic pollutants as defined by the maximum limits provided for in § 52.42(B)(1); or control the quantities and rates of discharge of the waters or wastes.
(I) Surcharge provision.
(1) Where the strength of sewage from an industrial, commercial or institutional establishment exceeds NDS levels defined as 140 parts per million of biochemical oxygen demand, or 160 parts per million by weight of suspended solids, or 5 parts per million by weight of phosphorus, or 25 parts per million by weight of total Kjeldahl nitrogen and where the wastes are permitted to be discharged to the sewer system by the Director, an added charge, as noted below, may be made against the establishment according to the strength of the wastes.
(2) The strength of such wastes shall be determined by composite samples taken over a sufficient period of time to insure a representative sample. The cost of taking and making the first of these samples shall be borne by the city. 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 city wastewater treatment plant.
(3) Added charges shall be determined by the city. These charges shall be based on the cost of operation, maintenance, and equipment replacement for the sewage works.
(J) Control manhole. When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
(K) Monitoring requirements.
(1) All measurements, tests and analyses of the characteristics of water to which reference is made herein 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 from appropriate samples taken at a suitable manhole. In the event that no control manhole has been required by the city, the suitable 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) Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether grab samples should be taken. The responsibilities of industry are further defined below.
(L) Inspections. Agents of the city, county’s Health Department, Michigan Department of Natural Resources of U.S. Environmental Protection Agency, shall have the right to enter all properties at all reasonable hours for the purpose of inspecting, measuring, sampling and testing the wastewater discharge and reviewing applicable records.
(M) Flow determination. To determine the sewage now from any establishment, the Director may use one of the following methods:
(1) The amount of water supplied to the premises by the city or a private water company as shown upon the water meter if the premises are metered;
(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 issued by the Director pursuant to § 52.42; or
(5) A figure determined by the Director by any combination of the foregoing or by any other equitable method.
(N) Dilution prohibition. No user shall ever increase the use of water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in pretreatment standards, or in any other pollutant-specific limitation developed by the city or state.
(O) Protection from accidental discharge.
(1) Where required a user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subchapter. The city will evaluate, at least once every 2 years, whether a user without said protection will be subjected to these requirements. Facilities to prevent accidental discharge or 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 city for review, and shall be approved by the city before construction of the facility. All required users shall complete such a plan within 180 days after the adoption of this subchapter. If required by the city a user who commences contribution to the POTW after the effective date of this subchapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. 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 subchapter.
(2) 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.
(a) 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 expense, 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 subchapter or other applicable law.
(b) 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 insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(P) Upset provision.
(1) An upset shall constitute an affirmative defense by users in unintentional and temporary noncompliance with applicable pretreatment standards, provided it can be proved that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(c) The user submitted the following information to the city within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days):
1. A description of the discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(2) In any enforcement proceedings, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(Q) Bypass provision.
(1) Bypass producing a discharge which violates applicable pretreatment standards is prohibited, and the city 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 city at least 10 days before the date of the bypass. The city 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 city within 24 hours from the time the user becomes aware of the bypass. Unless waived by the city, 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.
(R) Disposal of wastes from individual sewage systems.
(1) Waste from individual sewage systems may be accepted with permission of the Superintendent at the wastewater treatment plant. No waters or wastes exceeding maximum limits described in § 52.42(A) and (B)(1) herein shall be disposed of at the wastewater treatment plant.
(2) Rates for disposal at the wastewater treatment plant shall be determined by the superintendent at the time of acceptance.
(S) Special agreements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any person, firm or corporation whereby waste of unusual strength or character may be accepted by the city, subject to payment therefor by the person, firm or corporation, provided the waste will not damage the sanitary sewer or storm sewer or sewage treatment plant or the receiving waters.
(Prior Code, § 30-87) (Ord. 92-7, passed 8-20-1992)