(A) General discharge prohibitions.
(1) No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all the users of the 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 village may refuse to accept any wastes which will cause the POTW to violate its NPDES permit discharge limits. A user may not contribute the following substances to any POTW:
(a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flash point of less than 140°F (60°C), using the test methods specified in 40 C.F.R. § 261.21;.
(b) Wastewater having a pH less than six or greater than nine or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW;
(c) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW such as, but not limited to: grease, garbage with particles greater than one-half 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;
(d) Any pollutants, including oxygen demanding pollutants (BOD and the like) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(e) 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);
(f) Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through;
(g) 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 National Categorical Pretreatment Standard. This prohibition of toxic pollutants will conform to § 307(a) of the Act;
(h) 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;
(i) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(j) Any wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(k) Any unpolluted water including, but not limited to stormwater, groundwater, surface water, roof water, artesian well water, subsurface drainage, swimming pool drainage, condensate, deionized water or non-contact cooling water, unless specifically authorized by the Director;
(l) 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;
(m) Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards;
(n) 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 POTW;
(o) Any waste from individual Sewage Disposal Systems; provided, however, that waste from individual Sewage Disposal Systems may be accepted at the POTW treatment plant as provided in § 52.26 or 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 section,
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;
(p) Any sludge, precipitate or congealed substances resulting from an industrial or commercial process, or resulting from the pretreatment of wastewater or air pollutants; and
(q) Any backwash water, water or wastewater containing chloride levels greater than 230 mg/l or sodium levels greater than 120 mg/l or which may cause the POTW to violate its NPDES permit discharge limits.
(2) No wastes or wastewater shall be discharged by any user or person into the POTW from a vehicle which transported the waste or wastewater to the point of discharge, unless the discharge is approved in writing prior to the discharge by the Director. No wastes or wastewater shall be discharged by any user if the waste or wastewater was at any time transported by a vehicle (such as a tank truck) from its point of generation prior to discharge to the POTW, unless the discharge is approved in writing prior to the discharge by the Director. The Director shall specify which location must be used and any other terms and conditions for the discharges, including a requirement for a use permit.
(B) National Categorical Pretreatment Standards. All users shall comply with the applicable National Categorical Pretreatment Standards and requirements promulgated pursuant to the Act as set forth in 40 C.F.R. Subchapter N, Effluent Guidelines and Standards, which are hereby incorporated by reference and with all other applicable standards and requirements; provided, however, that where a more stringent standard or requirement is applicable pursuant to state law or regulation or this subchapter, then the more stringent standard or requirement shall be controlling.
(C) Specific pollutant limitations.
(1) Conventional pollutants. Except as authorized by the village, no person shall discharge wastewater containing in excess:
(a) Of 410 mg/l BOD;
(b) Of 430 mg/l total suspended solids;
(c) Of 50 mg/l total Kjeldahl nitrogen;
(d) Of 8.5 mg/l total phosphorus;
(e) Of 100 mg/l by weight of fat, oil or grease;
(f) Of 230 mg/l chloride; and
(g) Of 120 mg/l sodium.
(2) Concentrations. 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 POTW, the allowable concentration of these substances will be reduced by order of the Director.
(3) Discharged waste waters. 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 Director 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 village may:
(a) Reject the wastes;
(b) Require pretreatment to reduce the pollutant levels or deleterious characteristics to levels below the specific pollutant limitations set forth in this subchapter;
(c) Require control over the quantities and rates of discharge;
(d) Require payment to cover the added cost of handling and treating the wastes not covered using taxes or user charges;
(e) Require new industrial users or industries with significant changes in strength or flow to submit prior information to the village concerning the proposed flows; and
(f) If the village 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 village and shall be subject to the requirements of all applicable codes, ordinances, Village Technical Standards and laws.
(D) Village’s right of revision. The village reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 52.02.
(E) Grease and oil interceptors, grit separators and other interceptor/separator devices.
(1) Grease and oil interceptors, grit separators and other interceptor/separator devices shall be provided when required by Michigan Plumbing Code or if determined by Village Engineer or qualified Village Agent as being 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 interceptors and separators shall be maintained by the owner, at the owner's expense, in continuously efficient operation at all times. The user will enter into an operation and maintenance agreement with the village for the monitoring facility in accordance with the Village Technical Standards.
(F) Surcharge for discharges of unusual strength.
(1) Where the strength of sewage from any user exceeds the limits set forth in division (C)(1) above for conventional pollutants, and where the wastes are permitted to be discharged to the POTW by the Director, an added charge as determined by resolution of the Village Council, will be made against the establishment according to the strength of the wastes, or the Director shall require that the sewage shall be denied, if necessary, to protect the POTW or any part thereof.
(2) The strength of the wastes shall be determined by composite samples taken over a sufficient period of time to ensure a representative sample. If sampling is conducted on a flow-proportional basis, the sampling shall be taken utilizing a flow-proportional sampling device and flow meter approved by the village. The village or its authorized designee or independent contractor shall have access to the premises of any user at all reasonable times for purposes of sampling and testing the strength of sewage of any user in accordance with this division.
(3) If the village determines that it is necessary to conduct sampling and testing of the sewage of any user in order to determine the applicability of any surcharge which may be imposed in accordance with this subchapter, the village or its authorized agent shall be responsible for taking the initial sample in accordance with the requirements of this subchapter. Testing of the initial sample shall be made by an independent laboratory or by the village. The cost of the initial sampling and testing shall be borne by the village. The user may request that the village provide the user with a split sample for testing at the user’s own laboratory or an independent laboratory selected by the user; provided, however, that the cost of testing the split sample shall be borne by the user.
(4) If the initial testing described in division (F)(3) above reveals the presence of conventional pollutants in excess of the limits set forth in division (C)(1) above, the costs of all subsequent sampling and testing, including the testing of any split samples as described in this division, shall be borne by the user. The subsequent sampling and testing may be conducted by the user or, at the option of the user, by the village or its authorized agent.
(a) If testing and sampling is conducted by the user, the user shall provide the village with a split sample. The split sample received by the village may, at the option of the village, be tested by the village or by an independent laboratory. In either case, the user shall reimburse the village for all costs incurred in connection with the testing.
(b) If testing and sampling is conducted by the village, the user may request that the village provide the user with a split sample for testing at the user’s own laboratory or an independent laboratory selected by the user. The cost of testing the split sample shall be borne by the user.
(G) Special agreements authorized. With respect to conventional pollutants as set forth in division (C)(1) above, only no statement contained in this subchapter 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 therefore by the person, firm or corporation, provided the agreement will not violate EPA guidelines or NPDES permit requirements and provided the waste will not damage the Sewage Disposal System or the receiving waters.
(H) Wastewater sampling and analyses.
(1) The prohibitions and restrictions in divisions (A),(B) and (C) above, or as set forth in a special agreement (which may be a use permit), shall apply at the point where wastewater and pollutants are discharged or caused to be discharged into the POTW and required pretreatment shall be effected before that point is reached.
(2) All measurements, tests and analyses of the characteristics of water to which reference is made in this section shall be determined in accordance with the latest edition at the time of Standard Methods for Examination of Water and Sewage, published by the American Public Health Association, most current American Society for Testing Material (ASTM) and EPA approved procedures contained in 40 C.F.R. Part 136, or any validated methods from recognized authority in cases where the above referenced procedures are not available or do not apply to the characteristic involved or another method accepted by the village.
(3) 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 composite sample of all outfalls of a premise is appropriate or whether grab samples should be taken. If composite sampling is conducted on a flow- proportional basis, the sampling shall be taken utilizing a flow-proportional sampling device and flow meter approved by the village.
(I) Powers and authority of inspectors. Authorized agents of the village, Livingston County Health Department, DEQ or the EPA shall have the right to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this subchapter, the Act and State Act.
(J) Excessive discharges and/or dilution of discharge. Except where expressly authorized to do so by an applicable National Categorical Pretreatment Standard, no user shall ever increase the use of process 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 the National Categorical Pretreatment Standards, alternative discharge limits or in any other pollutant-specific limitation developed by the village or state.
(K) Accidental discharges.
(1) Where required by the Director, qualified Village Agent or other governmental agency, a user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subchapter, the Act or the state. The village will evaluate, at least once every two years, whether a user without the 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 village for review and shall be approved by the village 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 village, a user who commences contribution to the POTW after the effective date of this subchapter shall not be permitted to introduce pollutants into the POTW until accidental discharge procedures have been approved by the village. Review and approval of the plans and operating procedures shall not relieve the 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 village of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
(3) Within five 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.
(L) Violations. It shall be a violation of this subchapter for any industrial user to:
(1) Fail to completely and/or accurately report the wastewater constituents and/or characteristics of the industrial user's discharge;
(2) Fail to report significant changes in the industrial user's operations or wastewater constituents and/or characteristics within the time frames provided in this subchapter;
(3) Refuse reasonable access to the industrial user's premises or waste discharge for the purpose of inspection or monitoring;
(4) Restrict, lockout or prevent, directly or indirectly, access to any monitoring facilities constructed on public or private property. The locking or securing of the monitoring facility shall not constitute a violation pursuant to this subsection, provided that, upon request, reasonable access to the facility is promptly provided;
(5) Restrict, interfere, tamper with or render inaccurate any monitoring devices including, but not limited to, samplers;
(6) Fail to comply with any condition or requirement of the industrial user's wastewater discharge permit, if any; and
(7) Fail to comply with any limitation, prohibition or requirement of this subchapter including any rule, regulation or order issued hereunder.
(M) Upsets.
(1) An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable National Categorical Pretreatment Standards or pretreatment standards, provided the following requirements are met:
(a) An upset occurred and the industrial user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and worker-like manner and in compliance with applicable operation and maintenance procedures; and
(c) The user submitted the following information to the village within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five 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 proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(N) Bypass.
(1) Bypasses are prohibited unless the bypass does not cause a violation of pretreatment standards or pretreatment requirements, but only if it is for essential maintenance to ensure efficient operation of the POTW. These bypasses are not subject to the provisions of divisions (N)(2) and (3) below.
(2) Industrial users anticipating a bypass shall submit notice to the village at least ten days in advance.
(3) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the village within 24 hours from the time the user becomes or should have become aware of the bypass. A written submission shall be provided within five days of the time the industrial user becomes or should have become aware of the bypass. The written submission shall contain a description 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.
(4) Bypass is prohibited and the village may take enforcement action against a user for the bypass, unless:
(a) The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(b) 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. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(c) The industrial user submitted required notices.
(5) Where it meets all conditions in division (D) above, the village may approve an anticipated bypass.
(Ord. 68, passed 10-24-2005; Ord. 155, passed 1-11-2021) Penalty, see § 52.99