The Genesee County Sewer Use Ordinance is adopted as follows:
(A) The Ordinance establishes uniform requirements for discharges by users located within the Township of Montrose to the Genesee County POTW, and to enable the Township of Montrose and the County Agency to comply with applicable state and federal laws as required by the Federal Water Pollution Control Act (also known as the "Clean Water Act"), as amended, 33 USC 1251, et seq.; the General Pretreatment Regulations (40 CFR part 403); Part 31 of Act 451 of the Public Acts of Michigan of 1994, M.C.L.A. §§ 324.3101 et seq., as amended ("Water Resources Protection"); and the rules, Michigan Administrative Code, R, §§ 323.2301 et seq., as amended, promulgated pursuant to M.C.L.A. §§ 324.3103, 324.3106 and 324.3109, as amended.
(B) The Ordinance prohibits the discharge of pollutants from within the Township of Montrose into the Genesee County POTW that do not meet applicable pretreatment standards and requirements; that would interfere with the operation of the POTW; that would pass through the POTW into the receiving waters or the atmosphere, the environment, or otherwise be incompatible with the POTW; that would inhibit or disrupt the POTW's processing, use, or disposal of sludge; that would cause health or safety problems for POTW workers; or that would result in a violation of the POTW's NPDES permit or of other applicable laws and regulations.
(C) The Ordinance is intended to improve the opportunity to recycle and reclaim wastewaters and sludges from the Genesee County POTW, as required by law.
(D) The Ordinance regulates the discharge of wastewater and/or pollutants to the POTW, and provides the authority to enforce the requirements of the Ordinance through the issuance of permits and other means as provided by the Ordinance.
(E) The Ordinance authorizes and requires all inspection, monitoring, reporting and enforcement activities as necessary to insure compliance with applicable pretreatment standards and requirements and other applicable laws and regulations.
(F) The Ordinance provides for the equitable distribution and recovery of costs from users of the Genesee County POTW sufficient to administer regulatory activities, and to meet the costs of the operation, maintenance, improvement and replacement of the POTW.
(G) The Ordinance applies to any person that discharges to the Genesee County POTW from within the Township of Montrose. The Ordinance also applies to any person owning, using, constructing or maintaining any private system or facility intended or used for the disposal of sewage or wastewater within the Township of Montrose.
(H) The Ordinance designates, empowers and authorizes the Genesee County POTW to act as the agent and representative of the Township of Montrose for purposes of administering and enforcing the Ordinance within the Township of Montrose. This includes, but is not limited to, the power and authority of the POTW, as deemed necessary by the POTW, to immediately and independently investigate, enforce, and prosecute (administratively or judicially, and civilly or criminally) any violation of the Ordinance or of any notice, order, permit, decision or determination promulgated, issued or made by the POTW under the Ordinance, and to otherwise implement the requirements of the Ordinance.
(I) The Ordinance makes it unlawful for any person to discharge any wastewater or pollutant to the POTW or to any storm sewer or natural outlet within the Township of Montrose, or in any area under the jurisdiction of the Township of Montrose, except in accordance with the provisions of the Ordinance and other applicable laws and regulations. If any user discharges or proposes to discharge wastewaters or pollutants that are prohibited or limited by the Ordinance, the POTW may take any action as provided by the Ordinance or other applicable laws or regulations to assure and require compliance with the provisions of the Ordinance.
(Ord. 17-228, passed 9-19-2017)