1041.03 PERMIT REQUIREMENTS.
   (a)   Prohibited Acts. In addition to the prohibitions and requirements of Section 1041.06(b), the following prohibitions shall apply:
      (1)   No person, without a currently valid permit from the County Agency of the prescribed class, shall make or cause to be made:
         A.   A connection or alteration to a County POTW or sewer; or
         B.   An installation of a master pumping station or an industrial wastewater connection to public wastewater facilities which flow into a County POTW or sewer.
      (2)   No person who holds a currently valid permit from the County Agency of the prescribed class, shall make or cause to be made:
         A.   A wastewater discharge which is in excess of the maximum permitted volume; or
         B.   A wastewater discharge which contains any pollutants which are in addition to those reported in the application for the currently valid permit or in concentration in excess of the limitations in the user’s valid permit.
      (3)   No person who after receipt of notice of suspension or revocation of a permit, shall continue or cause to be continued the discharge, installation, or construction originally authorized by the permit.
      (4)   No person, within ten days after notice of order by the County Agency, shall fail to bulkhead or to have bulkheaded a wastewater connection.
   (b)   Classes of Permits. The County Agency may grant permits for the following six classes of activity:
      Class A for building sewer connections to a County sewer;
      Class B for Municipal sewer connections to a County sewer;
      Class C for alterations to County wastewater facilities;
      Class D for discharge of wastewater to a public sewer;
      Class E for installation of master pumping stations;
      Class F for private connections to a County sewer or drain.
   (c)   General Conditions. All classes of permits are subject to the following conditions:
      (1)   No person shall alter, modify, make changes to, or tamper with a County POTW or sewer in any way without prior written permission to do so from the County Agency.
      (2)   An applicant shall provide a permit application to the County Agency with all supporting data requested on the application form and instructions as issued by that Agency, and shall further make full payment of the specified filing fee.
      (3)   The applicant or applicant's contractor shall expressly assume liability for all costs and expenses for the work related to a permit, and shall further indemnify the County, the local municipality and their agents for any loss or damage which may be directly or indirectly caused by performing the permitted work.
      (4)   The County Agency shall not issue a permit until:
         A.   Each municipality within which the facility is to be located has had reasonable opportunity to review and comment upon the application and draft permit;
         B.   Each municipality to be served by the proposed facility has approved the application; and
         C.   If required, a construction permit for the proposed facility has been issued by the MDEQ.
            Class D permits are not subject to the conditions stated in paragraphs (c)(4)B. and C. hereof.
      (5)   All construction work authorized under a permit shall be performed in accordance with standards and specifications issued by the County Agency. The County Agency may grant a minor variance in location and detail from those standards and specifications, but only in writing which writing shall not be effective unless entered upon both the County's and the applicant's copy of the permit.
      (6)   If a permit authorizes any physical contact with a County storm water or wastewater facility, the permit holder shall notify the County Agency forty-eight hours prior to making the excavation which enables that contact. That excavation and all closely related construction shall be performed only within the immediate presence of a County Agency inspector. The full actual cost of the inspector shall be reimbursed to the County Agency by the applicant, pursuant to an established fee schedule.
      (7)   For a compelling and public good cause stated in writing and subject to the conditions of various existing contracts between the County and affected municipalities, the County Agency may at any time revoke the authority granted in a permit. An applicant shall expressly waive any claim for damages which may arise if a permit is revoked and a connection is bulkheaded for any compelling and public good cause or interest.
      (8)   Subject to the procedures specified in Section 1041.06, the County Agency may at any time suspend or revoke a permit if the holder is found by the Agency to be in violation of a term or condition of the permit. The County Agency may also limit or restrict the number of new connections if sufficient capacity is not available in downstream facilities, such as pumping stations, intercepting sewers, local sewers, or the treatment plant.
   (d)   Specific Conditions. Specific classes of permits are subject to the following specific conditions:
      (1)   Class A permits. Building sewer connections to a County sewer (sanitary connections only):
         A.   Connections to County lateral and trunk sewers shall be made with a standard wye and riser.
         B.   Permission may be granted for individual building sewers to be connected to a County intercepting sewer, subject to the following conditions:
            1.   No municipal sewer or other individual connection manhole is available within 300 feet of the property to be served.
            2.   The building served will contribute less than 2,000 gallons of domestic wastewater per day.
            3.   The sewer system tributary to the connection shall only serve property owned and managed by the owner-applicant. If any property not owned and managed by the owner-applicant shall be connected to that tributary sewer system, the permit shall be automatically voided. Permission may be granted, however, to connect one building on either side of a building for which the initial connection has been permitted, to a manhole installed with the initially permitted connection.
            4.   The portion of the building sewer connection lying within the public right-of-way shall become the property of the local municipality.
            5.   If Municipal sewers become available to the subject property, the permit shall be voided and the owner shall be required to connect to the Municipal sewer system.
      (2)   Class B permits. Municipal sewer connections to a County sewer (sanitary connections only): A Class B permit shall not be issued until the plans for the sewer system tributary to the connection have been approved by the County Agency and by all other appropriate agencies.
      (3)   Class C permits. Alterations to County storm water or wastewater facilities:
         A.   Conditions shall be added to the permit which are reasonably calculated to maintain services during the alteration of facilities.
         B.   The applicant shall post a cash bond in an amount to be determined by the County Agency for all expenses incurred by the County Agency in connection with all work necessitated by such alterations.
         C.   The applicant shall dedicate any required easement to the County Agency.
      (4)   Class D permits. Industrial connections to a public sewer:
         A.   All users identified as significant industrial users, as defined in Section 1041.02, are required to obtain a Class D permit.
         B.   A Class D permit shall be valid for no more than five years, but may be reissued.
         C.   A Class D permit shall be valid only for the discharge of those pollutants reported in the permit application. A permit must be modified before discharge of any pollutant not reported in the application for a currently valid Class D permit.
         D.   A Class D permit shall be modified if the average daily discharge volume in a calendar month exceeds 150 percent of the average daily discharge volume reported in the permit application.
         E.   A Class D permit holder must pay a surveillance fee.
      (5)   Class E permits; master pumping stations.
         A.   A Class E permit shall be required for all master pumping stations connected to the public sewer system.
         B.   A Class E permit shall be valid only for that pumping capacity stated on the permit. No person shall increase capacity without a new permit.
         C.   Pumping stations shall conform to the requirements set forth in Section 1041.04(e).
      (6)   Class F permits; private connection to a County sewer or drain.
         A.   The applicant shall construct the facility in accordance with plans approved by the applicable County Agency.
         B.   Land to be drained must be within the drainage district or be so included by agreement.
         C.   The applicant must expressly agree to limit the rate of storm water discharge as required by the County Agency.
(Ord. 712. Passed 2-14-01.)