(A) Industrial users. Each industrial user and at the request of the Director, any other person who applies for or receives sewer service from the Sewage Disposal System, shall file the information listed below with the Director. Any industry which does not normally discharge to the Sewage Disposal System, but has the potential to do so from accidental spills or similar circumstances, shall also file a Baseline Monitoring Report including, but not limited to the information below.
(1) Name, address and location of the user;
(2) Whether the user is a corporation, partnership, proprietorship or some other entity (if so, what type of entity) and the name of the person(s) responsible for discharges by the user;
(3) Standard Industrial Classification number according to the Standard Industrial Classification Manual, United States Office of Management and Budget, as supplemented and amended from time to time;
(4) Discharge constituents and characteristics including, but not limited to, toxic pollutants as determined by appropriate chemical and biological analyses. Sampling and analyses shall be performed in accordance with procedures established by the EPA and contained in 40 C.F.R. Part 136, as amended;
(5) Time and duration of discharges;
(6) Average daily and instantaneous peak discharge flow rates in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the Director;
(7) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and other relevant equipment by size, location and elevation;
(8) Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the Sewage Disposal System intentionally or by accident;
(9) Nature and concentration of any pollutants in the discharge limited by this subchapter, together with a statement regarding whether or not compliance is being achieved with this subchapter on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the user to comply with this subchapter;
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials used (average and maximum per day or other relevant time period), including copies of material safety data sheets;
(12) A list and copy of all environmental permits held by the user applicable to the site to which the use permit applies; and
(13) Any other information as may be deemed necessary by the Director to evaluate the permit application.
(B) Discharge modifications. Within three months after the effective date of the promulgation or revision of a National Categorical Pretreatment Standard, all affected industrial users must submit to the village the information required by division (A) above.
(C) Discharge conditions. Wastewater discharges shall be subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the village. The village may:
(1) Set unit charges or a schedule of charges and fees for the wastewater to be discharged to the POTW;
(2) Limit the average and maximum wastewater constituents and characteristics;
(3) Limit the average and maximum rate and time of discharge or make requirements for flow regulations and equalization;
(4) Require the installation and maintenance of inspection and sampling facilities;
(5) Establish specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Establish compliance schedules;
(7) Require submission of technical reports or discharge reports;
(8) Require the maintaining, retaining and furnishing of plant records relating to wastewater discharge as specified by the village and affording village access thereto and copying thereof;
(9) Require prompt notification of the village in advance of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(10) Require immediate notification of all discharges that could cause problems to the POTW, including slug discharges;
(11) Require other conditions as deemed appropriate by the village to ensure compliance with this subchapter;
(12) Require waste treatment facilities, process facilities, waste streams or other potential waste problems to be placed under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise the facilities;
(13) Require records and file reports to be maintained on the final disposal of specific liquids, solids, sludges, oils, radioactive materials, solvents or other wastes;
(14) Convert concentration-based National Categorical Pretreatment Standards to equivalent mass-based or production-based Pretreatment Requirements; and
(15) Control through permit, order or similar means, the contribution to the POTW by each user to ensure compliance with applicable National Categorical Pretreatment Standards or Pretreatment Requirements. The control mechanism may limit duration to a maximum of five years, require non-transferability without appropriate prior notification, set effluent limits, establish monitoring and reporting requirements and contain a statement of applicable penalties for violations.
(D) Monitoring facilities. The village may require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the village may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with plans and specifications submitted to and approved by the village and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the village. If monitoring Facilities are required, the user will enter into an operation and maintenance agreement with the village in accordance with the Village Technical Standards.
(E) Pretreatment requirements.
(1) Industrial users shall provide necessary wastewater treatment as required to comply with this subchapter and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by Federal Pretreatment Standards and as required by the village. Any facilities required to pre-treat wastewater to a level acceptable to the village shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the village for review and shall be approved by the village before construction of the facility. The review of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the village under the provisions of this subchapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the village prior to the user's initiation of the changes.
(2) The village will annually publish in a major local newspaper a list of the users which were in significant noncompliance with any pretreatment requirements or pretreatment standards at least once during the 12 previous months. The notification will identify the nature of the violation and summarize any enforcement actions taken against the user(s) during the same 12 months.
(3) All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or Michigan Department of Environmental Quality upon request.
(F) Additional reporting requirements.
(1) Baseline reports.
(a) Within 180 days after promulgation or revision of a National Categorical Pretreatment Standard, all existing affected industrial users must submit to the village the information specified by 40 C.F.R. § 403.12(b), paragraphs (1) through (7);
(b) At least 90 days prior to commencement of discharge, new sources and sources that become affected industrial users subsequent to the promulgation of an applicable National Categorical Pretreatment Standard, shall submit to the village the information specified by 40 C.F.R. § 403.12(b), paragraphs (1) through (5). New sources shall also include in this report information on the method of pretreatment they intend to use to meet the applicable pretreatment standard and shall give estimates of the required information regarding flow and pollutant discharge.
(2) Compliance date report. Within 90 days following the commencement of the introduction of wastewater into the POTW by a New Source, any user subject to pretreatment standards or Pretreatment Requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or Pretreatment Requirements and the average and maximum daily flow for these process units in the user facility which are limited by the pretreatment standards or pretreatment requirements. For users subject to equivalent mass or concentration limits, this report shall contain a reasonable measure of the long-term production rate. For all other users subject to National Categorical Pretreatment Standards expressed per unit of production, the report shall include the actual production during the sampling period. The report shall state whether the applicable pretreatment standards or pretreatment requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or pretreatment requirements. This statement must be signed by an authorized representative of the industrial user as required in division (I) below.
(3) Periodic compliance reports.
(a) All significant industrial users discharging into the POTW or the Sewage Disposal System shall submit to the Director during the months of June and December, unless required more frequently by applicable pretreatment standards or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by the pretreatment standards or this subchapter;
(b) In addition, this report shall include a record of maximum daily flows during the reporting period;
(c) All periodic compliance reports must be signed and certified in accordance with division (I) below;
(d) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep his or her monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge;
(e) If a user is subject to reporting requirements required to demonstrate continued compliance and monitors any pollutant more frequently than required by the village, using standard laboratory procedures, the results of this additional monitoring shall also be included in the periodic compliance report described in division (F)(3) above; and
(f) If sampling performed by a user indicates a violation, the user shall notify the village within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and submit the results of re-analysis to the village within 30 days after becoming aware of the violation, except when the village will be performing scheduled surveillance sampling and/or analysis within this 30-day period.
(4) Notification of hazardous waste discharges. All users shall notify the POTW, the EPA Regional Waste Management Division Director and the State Hazardous Waste Authority in writing of any discharge into the POTW of a substance which would be a hazardous waste under 40 C.F.R. § 261 if disposed via other means. Notification details, as well as allowable exemptions, shall be in accordance with 40 C.F.R. § 403.12(p). In the case of any new regulations under § 3001 of the Resource Recovery and Conservation Act (42 U.S.C. §§ 6901 et seq.) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must provide notification of the discharge of the substance within 90 days of the effective date of the regulations. In the case of any notification of hazardous waste discharges, the user shall further certify that he or she has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(G) Inspection and sampling.
(1) The village shall inspect the facilities of any user to ascertain whether the purpose of this subchapter is being met, and the user is complying with all requirements. Persons or occupants of premises where wastewater is created or discharged shall allow the village or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying or in the performance of any of his or her duties.
(2) The village, Department of Environmental Quality and EPA shall have the right to set up on the user's property the devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into his or her premises, the user shall make necessary arrangements with his or her security guards so that upon presentation of suitable identification, personnel from the village, Department of Environmental Quality and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(H) Confidential information.
(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate, to the satisfaction of the village, that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2) When requested by the person furnishing a report, the portion of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this subchapter, the NPDES permit or the pretreatment standards; provided, however, that the portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3) Information accepted by the village as confidential shall not be transmitted to any governmental agency or to the general public by the village until and unless a ten-day notification is given to the user.
(I) Signatory requirements.
(1) All reports required by this section shall be signed by the authorized representative of an industrial user and include the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(2) If the authorized representative of an industrial user changes because a different individual has responsibility for the overall operation of the facility or for environmental matters of the user, a new authorization satisfying the definition of an authorized representative of an industrial user as set forth in division (A) above, must be submitted to the village prior to, or together, with any reports to be signed by that representative.
(Ord. 68, passed 10-24-2005; Ord. 155, passed 1-11-2021)