This section has as its purpose the protection of the public health and safety by abating and preventing pollution through the regulation and control of the quantity and quality of wastewater admitted to or discharged into a POTW owned or operated by the County of Wayne, wherein the County is the Control Authority as defined in 40 CFR 403.12(a) and is administering the Federally mandated Industrial Pretreatment Program. Its further purpose is to allow the County of Wayne to comply with all applicable State and Federal laws as required by the CWA of 1977, as amended, and the General Pretreatment Regulation (40 CFR 403).
This section is enacted in accordance with the authority and requirements of the FWPCA, the NREPA and the CDBPA.
(a) General Provisions. This section sets forth uniform requirements for dischargers into the POTW, and enables the County of Wayne to protect the public health in conformity with all applicable State and Federal laws relating thereto. The objectives of this section, listed in priority order, are:
(1) To prevent the introduction of pollutants into the POTW which will interfere with the normal operation of the system or which will interfere with the use or disposal of the wastewater sludge by the POTW.
(2) To prevent the introduction of pollutants into the POTW which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system.
This section provides for the regulation of discharges into the POTW through the issuance of permits, execution of binding contracts, and enforcement of the Wayne County Sewer Use Ordinance.
(b) Requirements.
(1) Discharge prohibitions. Users introducing pollutants into a POTW, whether or not the user is subject to other national Pretreatment Standards or any National, State or Wayne County Pretreatment program requirement, shall be subject to the following general and specific prohibitions:
A. General prohibitions. No user shall discharge or cause to be discharged, directly or indirectly, any substance or wastewater which causes pass-through or interference with the operation of the POTW.
B. Specific prohibitions. No user shall discharge or cause to be discharged, to the POTW, directly or indirectly, any of the following pollutants, substances or wastewater:
1. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or sixty degrees Centigrade as determined by test methods specified in 40 CFR 261.21, as amended. Examples of these substances include, but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, carbides, hydrides and sulfides.
2. Any solid or viscous substances which will solidify and 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, tar, ashes, bones, cinders, sand, straw, metal, glass, wood, plastics, any material which can be disposed of as trash or any insoluble particles greater than one-half inch (½" or 1.27 CM) in any dimension.
3. Any wastewater having a pH lower than 5.0 or greater than 11.5 or having the potential to cause corrosive damage to the sewerage system structures and equipment or health hazards to worker safety.
4. Any pollutant which either singly or by interaction with any other substance may cause a public nuisance or result in the presence of toxic gases, vapors or fumes within the sewerage system in a quantity that may cause acute worker health and safety problems.
5. Any slugload of any pollutant, including oxygen demanding pollutants, which is released in a single extraordinary discharge episode of such volume or strength as to cause interference or pass-through.
6. Any wastewater containing radioactive wastes or isotopes of such half-life or concentration which exceed limits established by applicable State or Federal regulations.
7. Any wastewater or heat which will inhibit biological activity in the treatment plant(s) resulting in interference, but in no case in such quantities that the temperature at the POTW treatment plant(s) exceeds forty degrees Centigrade (104 degrees Fahrenheit) or with a temperature at the introduction into the public sewer system which exceeds sixty-six degrees Centigrade or 151 degrees Fahrenheit.
8. Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
9. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
10. Sludges from pretreatment processes, potable water treatment, municipal or industrial wastes, which are not completely amenable to conventional wastewater treatment.
11. Any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
12. Any trucked or hauled pollutants, except as agreed to and discharged at points designated by the County Agency.
13. Any wastewater which contains an insoluble substance having a specific gravity greater than 2.65.
14. Any substance which will cause the POTW to violate its NPDES permit, the receiving water quality standards, the national air quality standards or any other applicable permit, order, statute, regulation, or limitation.
15. Any discharge from roof downspouts, surface drains or other sources of uncontaminated surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. This provision does not apply to an existing combined sewer area.
16. Any wastewater which exceeds the local limitations set forth in Appendix A following the text of this chapter, which is incorporated into and made a part of this chapter, except as provided in paragraph (b)(1)C. hereof.
C. BOD mass-based limits. For BOD, the County Agency reserves the right to impose mass based limits in lieu of the concentration limits set forth in Appendix A following the text of this chapter, where the County Agency determines a mass based limitation is appropriate. A user will be considered to be in compliance with the BOD limit contained in this chapter if the user complies with the mass loading limitations and related conditions specified in the user's Class D permit. Affirmative defenses available to a user are set forth in paragraph (f)(9) hereof.
(2) Pretreatment requirements.
A. National Categorical Pretreatment Standards. The National Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N, Parts 405-471, as amended, are hereby incorporated into this chapter and made a part hereof.
Industrial users shall provide necessary wastewater treatment as required to comply with the most stringent provisions of this chapter, Federal Pretreatment Standards, as established by 40 CFR Chapter N, Subpart I, State standards and permit conditions, and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations, and with any other pretreatment standards by applicable deadlines.
Any facilities required to pretreat wastewater shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the County Agency for review, and shall be approved by the County Agency before construction of the facility. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this chapter and permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the County Agency prior to the industrial user's initiation of the changes.
B. New source compliance deadline. New sources shall install and have in operating condition and shall "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable pretreatment standards.
C. Conversion of mass limitations. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the County Agency may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.
Equivalent limitations calculated in accordance with 40 CFR 403.6(c)(3) and (c)(6) shall be deemed pretreatment standards for the purposes of Section 307(d) of the Act and 40 CFR 403. Industrial users will be required to comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(3) Dilution prohibited. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard, local limitation or requirement. The County Agency may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards, local limitations or requirements, or in other cases where the imposition of mass limitations is appropriate.
(4) Spill prevention and slug control plan.
A. Industrial users shall provide protection from accidental discharge of substances which may cause interference at the wastewater treatment plant(s) by developing spill prevention plans. Where necessary, facilities to prevent accidental discharges shall be provided and maintained at the discharger's expense. Spill prevention plans shall be approved by the County Agency prior to construction.
County review and approval of such plans in no way relieves the discharger of any liability associated with the efficiency or inefficiency of the facilities.
B. The County Agency shall evaluate each significant industrial user at least once every two years, and other industrial users as necessary, to determine whether a slug control plan is needed. If the County Agency decides a slug control plan is needed, plans for such a plan shall be submitted to the County for approval. Approval of such plans shall not relieve the industrial user from complying with applicable laws and regulations pertaining to the use, storage or transportation of hazardous substances. Slug control plans shall contain at least the following:
1. Description of discharge practices, including non-routine batch discharges.
2. List of chemicals stored.
3. Procedures to immediately notify the County of slug discharges, including any discharges prohibited in paragraph (b)(1) hereof, with procedures for follow-up written notification within five days.
4. Provisions for preventing adverse impact from accidental spills, inspection and maintenance of storage areas, handling and transfer of chemicals, loading and unloading operations, control of plant site runoff, worker training, containment structures, procedures for containing toxic organic pollutants and emergency response measures and equipment.
C. Signs shall be permanently posted in conspicuous places on the discharger's premises, advising employees whom to call in the event of a slug or accidental discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW or a pass-through. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.
(5) Notification.
A. Notification of changed discharge. All users shall promptly notify the County Agency in advance of any substantial change in the volume or character of pollutants in its discharge, including all of the following, if applicable:
1. Ground waters that are purged for remedial action programs.
2. Ground waters containing pollutants that infiltrate into the sewers.
3. The listed or characteristic hazardous wastes for which the user has submitted initial notification pursuant to paragraph (b)(5)D. hereof.
B. Notification of slug or spill discharge.
1. In the case of any discharge in violation of this chapter or permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug loadings, as defined in this chapter, the industrial user shall notify within one hour of becoming aware of such discharge the County of the discharge by telephone at the telephone number listed in the user’s wastewater discharge permit. The notification shall include:
a. The date, time, location and duration of the discharge;
b. The type of waste, including concentration and volume; and
c. Any corrective actions taken by the user.
2. Within five days following such a discharge the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.
3. Such notification shall not relieve the user of any expense, loss, damage, or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this chapter or other applicable State or Federal law.
C. Self-monitoring violations. When sampling performed by an industrial user indicates a violation, the user shall notify the County Agency within twenty-four hours of becoming aware of the violation. The user shall repeat sampling and pollutant analysis and submit, in writing, the results of this second analysis within thirty days of the first violation, except if:
1. The County Agency performs sampling at the facility at a frequency of at least once per month; or
2. The County Agency performs sampling between the time the user performs the initial sampling and the time when the user receives the results of this sampling.
D. Hazardous waste notification. Industrial users shall notify the County Agency, the USEPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the USEPA Hazardous Waste Number, the type of discharge (continuous, batch, or other), and other requirements set forth in 40 CFR 403.12(p)(1).
E. Notification of operating upsets.
1. If a discharger experiences an upset in operations which places that discharger in a temporary state of non-compliance with this chapter or with a condition of its wastewater discharge permit, the discharger shall inform the County Agency within twenty-four hours of first becoming aware. The discharger shall file a written report with the County Agency within five days. That report shall specify:
a. Description of the upset, its cause, and impact on the discharger's compliance status.
b. Duration of non-compliance, including exact dates and times of non-compliance, and if the non-compliance continues, the time by which compliance is reasonably expected to resume.
c. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
2. An upset shall constitute an affirmative defense to an action brought for non-compliance with categorical pretreatment standards if the requirements of the Michigan Administrative Code R 323.2303(3) are met.
3. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
4. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards and/or local limits upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
F. Notification of bypass.
1. An industrial user may allow any bypass to occur which does not violate any pretreatment standards, requirements or local limits, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs F.2. and 3. hereof.
2. Notice.
a. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the County Agency, if possible at least ten days before the date of the bypass.
b. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards, requirements or local limits to the County Agency within twenty-four hours from the time the industrial user becomes aware of the bypass. A written report shall also be provided within five days of the time
the industrial user becomes aware of the bypass. The written report 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 recurrence of the bypass. The County Agency may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
3. Prohibition of bypass.
a. Bypass is prohibited, and the County Agency may take enforcement action against an industrial user for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(2) 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 back-up 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
(3) The industrial user submitted notices as required under paragraph (b)(5)F.2. hereof.
b. The County Agency may approve an anticipated bypass, after considering its adverse effects, if the County Agency determines that it will meet the three conditions listed in paragraph (b)(5)F.3. hereof.
(6) Records retention. A discharger subject to this chapter shall retain, preserve and make available upon request of the County, State or USEPA, for no less than three years, all records, books, documents, memoranda, reports, correspondence and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge.
All records which pertain to matters which are the subject of conciliation action or any other enforcement or litigation activities brought by the County Agency pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
All users shall also retain any records when requested to do so by a representative of the USEPA, State or County.
(7) Sample analysis. All sampling and analysis of the characteristics or samples, to which reference is made in this chapter, shall be performed pursuant to laboratory procedures set forth in 40 CFR 136, "Guidelines for Establishing Test Procedures for Analysis of Pollutants," or methods set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the APHA, AWWA and WEF.
Where these two references are in disagreement on procedures for the analysis of a specific pollutant, the methods given in 40 CFR 136 shall be followed.
Where 40 CFR 136 does not contain sampling and analytical techniques for the pollutant in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures approved by the Administrator.
(8) Confidential information.
A. Information on an industrial user derived from written reports, questionnaires, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless at the time of submission to the County Agency the user specifically requests and is able to demonstrate to the County Agency that release of such information would disclose trade secrets or secret processes of the industrial user.
The user furnishing the report must clearly mark "CONFIDENTIAL" any portion of a report which contains trade secrets or secret processes. Confidential information shall not be released to the public, but shall be made available upon request to the State and the USEPA for uses related to this chapter, the NPDES permit or the pretreatment program in judicial review or enforcement proceedings involving the person furnishing the report. However, the information provided shall be treated as confidential by the aforementioned agencies.
B. All effluent data submitted to the County Agency will not be recognized as confidential.
C. Requests regarding right to inspect, copy or receive copies of all information with respect to an industrial user, on file with the County Agency, shall be processed in accordance with the County of Wayne, Freedom of Information Act Policy And Procedures (Executive Order 1997-2) and the Michigan Freedom of Information Act (M.C.L.A. 15.231 et seq.).
(9) Right of entry. Authorized representatives of the County, the State and USEPA, upon presentation of credentials, shall have the right to enter the premises of any user who may be subject to the requirements of this chapter for the purpose of inspecting, sampling, and examining records or copying records in accordance with Section 1041.07. Denial of entry shall constitute a violation of this chapter and subject the user to enforcement action.
(10) Monitoring facilities.
A. A permittee shall provide and operate, at his own expense, a monitoring facility to enable the County Agency to inspect, sample, and measure the flow of each sewer discharge. Each monitoring facility shall be situated on the discharger’s premises, unless the County Agency determines that such location would be impractical.
B. There shall be ample space in or near a monitoring facility to enable County Agency personnel to take and to prepare accurate samples for analysis.
C. All monitoring facilities shall be constructed and maintained in accordance with the County Agency’s standards and all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of a permit by the discharger.
D. The permit holder shall maintain, at his expense, the facility sampling and measuring equipment where required, at all times in a safe and proper operating condition.
(11) Inspection and sampling.
A. The County Agency may inspect the facility of a user to determine compliance with the requirements of this chapter. The user shall allow the County Agency or its representatives to enter the facility of the user at all reasonable hours. The County Agency shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
B. Where a user has security measures in force which would require proper identification before entry upon their facility, the user shall make necessary arrangements with their security so that, upon presentation of identification, personnel from the County Agency, the MDEQ and the USEPA will be permitted to enter, without delay. The County Agency also reserves the right to copy a discharger’s records, pursuant to 40 CFR 403.12 (o)(2).
(c) Charges and Fees.
(1) Purpose. The County Agency shall recommend to the County Commission that it adopt a written rate policy, and, from time to time, set rates and charges in accordance with provisions of the sewer service agreements existing between the County Agency and the City of Southgate or other entities signatory thereto. These rates and charges shall be designed to recover from the parties and customer classes benefited the full actual cost of services rendered. Further, the County Agency shall require that a user charge system which is acceptable to the State and to the USEPA be instituted by the City of Southgate, where applicable.
It is the purpose of this section to provide for the payment of fees from dischargers to the County wastewater disposal system, to compensate the County for the cost of administration of the pretreatment program established herein and to recover treatment costs for excess compatible pollutants.
Nothing in this section is intended to prevent the City of Southgate from setting such fees and charges as are necessary for the City of Southgate to recover the cost of services with respect to a locally-owned sewage system.
(2) Description of charges and fees. The County shall collect charges and fees, including late fees and interest, directly from the affected industrial users for at least the following:
A. Annual industrial surveillance fees.
B. Surcharges for compatible pollutants discharged in excessive concentrations as detailed in paragraph (c)(4) hereof.
C. To recover actual additional costs it may incur in connection with inspecting and enforcement, implementation of the industrial pretreatment program, sampling, testing, handling and treating the wastes not covered by existing wastewater charges in addition to the annual industrial surveillance fee referred to above.
D. Cost of handling and treating wastewater into the sewer, not otherwise provided.
The above charges and fees are separate from any sewage or excess sewage fees collected pursuant to Michigan Public Act 185 of 1957.
(3) Non-residential user fee. The County shall adopt as a part of its schedule of rates and charges, a nonresidential user fee to be collected by the local contract communities in conjunction with the basic sewage disposal charges from all nonresidential users as identified by the City of Southgate. These charges are to be paid to the County as part of the sewage disposal billing process.
(4) Surcharges. Users discharging wastewater containing excess compatible pollutants may be assessed a surcharge to recover the additional costs incurred for treating said excess compatible pollutants. The threshold concentrations for BOD, TSS and P are as follows:
BOD 275 mg/l
TSS 350 mg/l
P 12 mg/l
These surcharges shall be calculated and assessed in accordance with a surcharge policy as approved by the County Agency. Such surcharges shall be credited to the appropriate treatment facilities operation fund.
(5) Rate review. Such charges and fees may be changed from time to time by the County Agency with County Commission approval, to provide for recovery of the full actual cost of these programs from the users thereof. Before submitting a proposed change for County Commission approval, the County Agency shall provide all proposed fee and surcharge changes, and shall provide an opportunity to review the basis for them, including necessary County financial statements, and to provide an opportunity to the municipalities to object or comment upon those proposed changes in fees and surcharges. The municipalities shall be given the opportunity to review pertinent County records.
County books and records shall be kept in accordance with generally accepted accounting standards.
(6) Late filing fees. A user failing to timely submit any reports as required by subsection (e) hereof, or as required by a permit issued in accordance with this chapter, on the date said report is required to be submitted, shall be subject to a late filing fee as set forth in the Schedule of Rates and Charges as adopted by the County for sewerage systems owned and operated by the County, from time to time.
Failure to pay the late filing fees shall subject the user to enforcement actions as determined appropriate by the County Agency, including the revocation of any permits issued in accordance with this chapter.
(d) Wastewater Discharge Permits.
(1) Permit application.
A. Prior to issuing an industrial or commercial Certificate of Occupancy, a community contracting for wastewater services with the County Agency shall require each industrial and commercial discharger to file an industrial/commercial waste questionnaire with the County Agency. The questionnaire shall serve as the application for obtaining a wastewater discharge permit. All industrial users proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall, at least ninety days prior to said connection, complete and file a questionnaire in the form prescribed by the County Agency, with a copy to the City of Southgate.
B. The County Agency will evaluate the data furnished by the user and may require additional information to be submitted. After full evaluation of the data furnished, the County Agency shall determine whether the facility is a significant industrial user (SIU) or a non-significant industrial user.
1. All significant industrial users, as defined by this chapter and 40 CFR 403.3, as amended, shall be required to obtain a wastewater discharge permit from the County Agency in order to discharge any wastewater into the County sewerage system.
2. If the industrial/commercial waste questionnaire evaluation determines that the industrial user is a non-significant industrial user, a permit will not be required.
3. Any user who discharges wastewater, industrial wastes or other wastes to a sewer tributary to a wastewater facility subject to the jurisdiction or the County of Wayne or to its POTW's, without first complying with the provisions of this section, is subject to fines, imprisonment and other sanctions as provided in this chapter.
(2) Permit contents. Wastewater discharge permits shall contain, as appropriate, the following:
A. Effective and expiration dates of the permit (duration not greater than five years);
B. Fees and charges to be paid as required by the County Agency;
C. Discharge limitations based on the more stringent of categorical pretreatment standards, local discharge limits as established in this chapter, and State and local law;
D. Limits on average or maximum rate or time or discharge or requirements for flow regulation or equalization, or any combination of those limits or requirements;
E. Requirements for installation, operation and maintenance of the necessary pretreatment equipment, including sampling facilities;
F. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local discharge limits, and State and local discharge law;
G. Compliance schedules;
H. Requirements for submission of technical reports or discharge reports if different from those prescribed by this chapter;
I. Requirements for notification of the County Agency 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;
J. Requirements for notification of spills, potential problems to the POTW, including slug loadings, upsets or violations;
K. Statement of applicable civil and criminal penalties for violation of pretreatment standards, requirements, local discharge limits, and any applicable compliance schedule;
L. Requirements for collecting, retaining and providing access to plant records relating to the user's discharge and for providing entry for sampling and inspection;
M. Requirements to develop and implement spill and slug control plans;
N. Statement of non-transferability;
O. Conditions for modification or revocation of permit;
P. Other conditions as deemed appropriate by the County Agency to insure compliance with this chapter and State and Federal pretreatment standards and requirements.
(3) Additional permit conditions. In the event that the County Agency determines that a user is discharging pollutants in quality, quantity or in locations that can cause problems to the POTW or the receiving waters, the County Agency has the authority to develop and enforce effluent limits applicable to the user.
(4) Permit duration. Wastewater discharge permits are issued for a five-year period unless site specific constraints dictate a shorter time period, but in no case shall the duration exceed five years.
Existing permittees shall apply for permit reissuance a minimum of ninety days prior to the expiration of their existing permit. Upon timely application for reissuance of a permit in accordance with this paragraph, the expired permit shall be automatically extended until a final decision regarding the application is made by the County Agency.
(5) Permit issuance and reissuance. The County Agency shall issue, or reissue, as the case may be, a wastewater discharge permit in draft form to the user for a thirty-day review and comment period. During this period, the user may submit written comments on the draft permit to the County Agency. After the thirty-day review and comment period and the County Agency’s consideration of any comments received, the final permit may be issued. The user may appeal any final permit pursuant to Section 1041.08.
(6) Permit modification. The County Agency may modify a wastewater discharge permit in order to:
A. Require compliance with National Categorical Pretreatment Standards. Permit modification shall occur within nine months of the promulgation of the applicable standard. Where an industrial user subject to a National Categorical Pretreatment Standard has not previously submitted a questionnaire as required by paragraph (d)(1) hereof, the industrial user shall submit a completed questionnaire within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the EPA.
B. Assure compliance with the POTW's NPDES permit.
C. Incorporate new conditions or parameters of concern due to substantial change in the user’s operations or new information concerning existing conditions.
D. Incorporate changes in Federal or State laws or changes in the County's approved Industrial Pretreatment Program.
E. Change or terminate special conditions of the permit, including, but not limited to, monitoring frequency or parameters to be monitored.
F. Correct any omissions or typographical errors.
G. Reflect changes in the monitoring location.
H. Address a user’s noncompliance with portions of an existing permit.
I. For any other reason, if the County Agency reasonably believes the modification is necessary to ensure either that the POTW complies with its NPDES permit or that the POTW does not negatively affect the receiving water quality standards, the national air quality standards or any other applicable permit, order, statute, regulation or limitation.
The permittee shall be given written notice of any proposed changes in its permit, at least thirty days prior to the effective date of such change, unless a shorter time is necessary to protect the treatment plant, protect human health or the environment.
(7) Permit transfer. Wastewater discharge permits shall be issued to a specific discharger for a specific operation and may not be assigned or transferred to another discharger or to another location without thirty days prior notice to the County Agency of the change, and the written approval of the County Agency.
(8) Special condition discharge authorization. A user that desires to discharge unique wastewater which is not currently covered by a Class "D" wastewater discharge permit for a limited time period may be granted a special condition discharge authorization by the County Agency. This authorization shall apply to discharges, determined by the County Agency, as having no reasonable potential for adversely affecting the POTW's operations or violating any provision of this chapter. It may contain the following conditions as deemed necessary:
A. Duration of authorization (in no case more than five years).
B. Statement of nontransferability.
C. Discharge limits based on applicable general pretreatment standards in 40 CFR 403, as amended, categorical pretreatment standards, local limits or State regulations and statutes.
D. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including a listing of pollutants to be monitored, sample location, sampling frequency and sample type.
E. Statement of applicable civil and criminal penalties for violation of authorization requirements.
(e) Reporting.
(1) Baseline monitoring reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a County Agency shall be required to submit to the County Agency a report which contains the information listed in 40 CFR 403.12(b)(1) to (7), as amended. At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the County Agency a report which contains the information listed in 40 CFR 403.12(b)(1) to (5). New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in 40 CFR 403.12(b)(4) and (5), as amended.
Industrial users subject to categorical pretreatment standards shall submit an additional baseline monitoring report ninety days prior to commencing discharge from any new process regulated by said standards.
Any changes to information requested under this section shall be submitted to the County Agency within sixty days of any such changes.
(2) Compliance date report. Within ninety days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to categorical pretreatment standards shall submit to the County Agency a report containing the information described in 40 CFR 403.12(b)(4) to (6), as amended. Where equivalent mass or concentration limits are established by the County Agency for a user, this report shall contain a reasonable measure of the user's long-term production rate. Where a user is subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, the report shall include the user's actual production during the appropriate sampling period. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user.
(3) Periodic compliance reports. The reports required by this section shall be based on the user's self-monitoring, performed during the period covered by the report, and performed in accordance with paragraph (b)(7) hereof.
(4) Categorical industrial users.
A. Any user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the County Agency, on a quarterly basis, unless required more frequently in the pretreatment standard or by the County Agency, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include the measured or estimated average and maximum daily flows for the reporting period.
B. The County Agency may impose mass limitations on users which are using dilution to meet applicable pretreatment standards, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by paragraph (e)(4)A. hereof shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the
results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the County, of pollutants contained therein which are limited by the applicable pretreatment standards.
C. For industrial users subject to equivalent mass or concentration limits established by the County Agency in accordance with the procedures in 40 CFR 403.6(c), as amended, the report required by 40 CFR 403.6(e)(1) shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by 40 CFR 403.6(e)(1) shall include the user's actual average production rate for the reporting period.
(5) Significant non-categorical industrial users. Significant noncategorical industrial users shall submit to the County Agency once per quarter, on dates specified in the wastewater discharge permits, a report detailing the nature, concentration, and flow of the pollutants and other pertinent information as requested by the County Agency. The report shall be submitted on a form provided by the County Agency.
(6) More frequent monitoring. If an industrial user subject to the reporting requirements in paragraph (e)(3) hereof monitors or samples any pollutant or parameter more frequently than required by the County Agency using the procedures prescribed in paragraph (b)(7) hereof, the results of this monitoring shall be included in any report submitted to the County Agency pursuant to paragraph (e)(3) hereof.
(7) Signatory requirements. Pursuant to Michigan Administrative Code R. 323.2310(11) and R. 323.2311(2)(b)(ii), the reports required under paragraphs (e)(1) through (3) hereof shall include the following certification statement and shall be signed by an authorized representative, as defined in this chapter:
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.
(8) Self-monitoring. Significant industrial users may be required to perform self-monitoring of their wastewater discharge. Any required self-monitoring program shall be described in the user’s discharge permit and shall include designation of the sampling location, frequency of sampling, number of samples, types of samples, type of analysis required, standards for testing and increased reporting schedules. A self-monitoring program may also be the result of enforcement action taken by the County against the user, and shall be a part of any subsequent conciliation agreement or administrative orders.
A user subject to the self-monitoring requirements of this section shall also be required to make notification and resample upon becoming aware of a violation, in accordance with paragraph (b)(5)C. hereof.
(9) Timing. Written reports and/or notifications shall be deemed to have been submitted on the date postmarked. For reports and/or notifications which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.
(f) Enforcement.
(1) Notification of violation. Upon determination of a violation of this chapter or a wastewater discharge permit issued hereunder, the County shall take the appropriate enforcement action which may include a written notice of violation. Within ten days of the receipt from the County Agency of a written notice of violation by a user, the user shall submit to the County Agency an explanation of the violation and a plan for satisfactory correction and prevention of the cause of the violation. Submission of this plan in no way relieves the user of liability for any previous or future violations.
(2) Notice of non-compliance. If the County Agency finds that a discharger is in significant noncompliance, as defined in this chapter, with applicable categorical pretreatment standards, permit requirements and/or local limits, the County Agency may serve or cause to be served upon that discharger a written notice, either personally or by certified or registered mail, return receipt required, stating the nature of the alleged violation. The notice shall set forth a time, date and location for a conciliation meeting.
The County Agency shall also forthwith notify the local contracting community of that meeting and shall request that its representatives attend. The discharger shall attend the meeting and present a corrective plan of action to resolve the noncompliance. The corrective plan of action and related compliance schedule may be set forth in a mutually agreed upon conciliation agreement to be signed by the discharger and the County Agency.
If, however, a mutual agreement cannot be reached or the discharger refuses to sign the conciliation agreement, the County Agency may issue a unilateral administrative order to force timely compliance with specified requirements and/or permit limitations.
(3) Compliance schedule progress report. A discharger subject to a compliance schedule resulting from any enforcement action, or as a condition of its wastewater discharge permit, shall submit a progress report to the County Agency no later than fourteen days following each increment milestone date specified in the compliance schedule. This report shall disclose whether the user complied with the increment of progress to be met on that date, the reason for delay if the date was not met, and the steps being taken to return to the original compliance schedule.
In no event, however, may more than nine months elapse between progress reports. If a user acts in full accordance with a compliance schedule, as approved and adopted in accordance with this section, that user is deemed to be in compliance only for the parameters affected by the compliance schedule. Exceedences of additional parameter limitations shall be considered violations and subject to enforcement action.
(4) Administrative orders.
A. Show cause order. The County may order any user which causes or contributes to a violation of this chapter, or a wastewater discharge permit or an order issued hereunder, to show cause why a proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate. The hearing may be closed to the public at the request of the user for good cause shown. Request to close the meeting shall be made in writing and received by the County at least twenty-four hours in advance. Failure to comply with a show cause order shall constitute a further violation of this chapter and subject the user to further enforcement action.
B. Consent order. As a result of the show cause order and subsequent hearing, a consent order may be issued by the County. The user assumes responsibility for its non-compliance and is willing (in good faith) to correct the cause(s) of the non-compliance. The order is an agreement, mutually acceptable to both the County and the user, which contains a compliance schedule, stipulated fines, penalties or remedial actions and signatures of both parties. This order prohibits future violations and shall provide for corrective actions by the user.
C. Compliance order. When the County finds that a user has violated or continues to violate this chapter or a permit or order issued hereunder, the County may unilaterally issue an order to the industrial user responsible for the discharge, directing that, following a specified time period, further enforcement action shall be taken unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated, and compliance is achieved. Orders may also contain stipulated fines or penalties, compliance schedules subject to the provision of paragraph (f)(3) hereof, and other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices. The stipulated penalties shall be in such amounts as are determined necessary to compensate the public for damages difficult to quantify related to injury to the environment and for the recovery from the violator of economic benefits realized by noncompliance and for the purpose of deterring future violations or noncompliance.
D. Cease and desist orders. When the County determines a user has violated or continues to violate this chapter, a discharge permit or an order issued hereunder, the County may issue an order to cease and desist all illegal or authorized discharges immediately.
1. In instances of an emergency, including, but not limited to, imminent danger to the public health, the POTW, or the environment, the order to cease and desist may be given by telephone. This action shall be followed by a written order to cease and desist.
2. In non-emergency situations, the cease and desist order may be used to suspend or permanently revoke wastewater discharge permits.
3. The cease and desist order may order the industrial user to take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(5) Reserved.
(6) Emergency suspension of service and discharge permits. The County Agency may, for good cause, suspend the wastewater treatment service and the wastewater discharge permit of a discharger if the County Agency finds that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, or an interference or pass-through. A discharger who is notified of the suspension of wastewater treatment service and/or the discharger's wastewater discharge permit, shall, within a reasonable period of time, as determined by the County Agency, cease all discharges.
If a discharger fails to comply voluntarily with the suspension order within the specified time, the County Agency shall take such steps as deemed necessary, including severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving waters, or endangerment to any individuals. The County shall allow the user to recommence its discharge when the user has demonstrated to the County's satisfaction that the endangerment has passed, unless termination proceedings are initiated against the user.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a full report to the County Agency within five days of the incident. This report shall be a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. The information in this report shall be considered during any related action by the County Agency.
Local communities whose wastewater is transported or treated by the facilities of the County Agency may join with the County Agency in the enforcement action and may take other action to effectuate this chapter.
Failure of the contracting community to join in the enforcement action shall not limit the County's authority to enforce this chapter and the provisions of this section as to any discharger.
(7) Revocation of wastewater discharge permit. The County may, with written notice, revoke the discharge permit for the following reasons:
A. Violation of the terms and conditions of the permit, local ordinances, State and Federal laws, statutes and regulations.
B. Failure to factually report the wastewater constituents and characteristics of the discharge.
C. Failure to report significant changes in wastewater constituents and characteristics.
D. Refusal of reasonable access to the permittee premises by County personnel for the purpose(s) of inspection or monitoring.
E. Failure to pay fines, penalties or costs incurred by the County, pursuant to this subsection.
Noncompliant industrial users shall be notified of the proposed termination of their wastewater discharge permit and be given an opportunity to show cause under paragraph (f)(4)A. hereof why the proposed action should not be taken.
(8) Annual publication. A list of all users who have been determined to be in significant noncompliance with any provisions of this chapter or any permit or order issued hereunder during the period since the previous publication shall be annually published by the County Agency in the largest daily newspaper published in the municipality in which the County Agency is located. All users identified in a proposed publication shall be provided a copy of that proposed notice at least thirty days before publication and provided with an opportunity to comment as to its accuracy.
(9) Affirmative defenses. A user shall have an affirmative defense in any action brought against it alleging a violation of the prohibitions pursuant to Michigan Administrative Code R. 323.2303(3), where the user can demonstrate that it meets the criteria set forth in both of the following:
A. It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference.
B. A local discharge limit designed to prevent pass-through or interference was developed in accordance with 40 CFR 403.5(c) for each pollutant in the user’s discharge that caused pass-through or interference, and the user was in compliance with each local discharge limit directly before and during the pass-through or interference, or if a local limit designed to prevent pass-through or interference has not been developed in accordance with 40 CFR 403.5(c) for the pollutant that caused the pass-through or interference, the user’s discharge directly before and during the pass-through or interference did not change substantially in nature or constituents from the user’s prior discharge activity when the publicly owned treatment works was regularly in compliance with its national pollutant discharge elimination system permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.
(10) Judicial proceedings. The County may, through its office of corporation counsel, commence an action for appropriate legal and/or equitable relief in Wayne County Circuit Court, in any instances of conduct contrary to the provisions of this chapter. Nothing in this section is intended to supersede any applicable actions or penalties by the State or the USEPA or to prevent the County from enforcing the requirements of other sections of this chapter.
(11) Injunctive relief; public nuisance. Whenever an industrial user has violated or continues to violate the provisions of this chapter or a permit or order issued hereunder, the County, through its office of corporation counsel, may petition a court of legal jurisdiction for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user.
Nothing contained in this section shall be construed as limiting in any manner the powers of the County Health Officer, and if any unsanitary conditions exist, the same is hereby declared to be a public nuisance and shall be abated in accordance with the provisions of applicable law.
(12) Municipal civil infractions.
A. Violation; Municipal civil infraction. Except as provided by paragraph (f)(13) hereof, a person who violates any provision of this chapter (including, without limitation, any rules, regulations, licenses, permits, orders, agreements or determinations issued, adopted or entered by the County under this chapter) is responsible for a County Municipal civil infraction, subject to payment of a civil fine of not less than five hundred dollars ($500.00) per day for each infraction and not more than twenty-seven thousand, five hundred dollars ($27,500) per day for each infraction, plus costs, expenses and other sanctions; except that a person who violates any of the following sections of this chapter shall be subject to payment of a civil fine of not less than one thousand dollars ($1,000) per day and not more than twenty-seven thousand, five hundred dollars ($27,500) per day for each infraction, plus costs, expenses and other sanctions:
1. Section 1041.04(e)(1)A.1., (e)(1)B.2., (h) or (j);
2. Section 1041.05(a); or
3. Section 1041.06(b)(1)A., (b)(1)B.1., 2., 4., 5., 6., 7., 8., 12. or 14; (b)(2)B.; (b)(3); (b)(5)F.; (b)(9); (d)(1)B.1.; (e)(1); or (e)(2).
B. Repeat offenses; increased fines. Increased fines may be imposed for repeat offenses. As used in this section, "repeat offense" means a second (or any subsequent) Municipal civil infraction violation of the same requirement or provision of this chapter (i) committed by a person within any twelve-month period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this chapter shall be as follows:
1. Except as provided by paragraph (f)(12)B.2. hereof, the fine for any offense that is a first repeat offense shall be not less than one thousand dollars ($1,000), plus costs; and the fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than two thousand, five hundred dollars ($2,500), plus costs, expenses and other sanctions.
2. For violations of the following sections of this chapter, the fine for any offense that is a first repeat offense shall be not less than two thousand, five hundred dollars ($2,500), plus costs; and the fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than five thousand dollars ($5,000), plus costs, expenses and other sanctions:
a. Section 1041.04(e)(1)A.1., (e)(1)B.2., (h) or (j);
b. Section 1041.05(a); or
c. Section 1041.06(b)(1)A., (b)(1)B.1., 2., 4., 5., 6., 7., 8., 12 or 14; (b)(2)B.; (b)(3); (b)(5)F.; (b)(9); (d)(1)B.1.; (e)(1); or (e)(2).
C. Amount of fines.
1. Municipal civil infraction citations. Subject to the minimum fine amounts specified in paragraphs (12)A. and B. hereof, the following factors shall be considered by the court in determining the amount of a Municipal civil infraction fine following the issuance of a Municipal civil infraction citation for a violation of this chapter: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator's recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.
2. Municipal civil infraction notices; schedule of fines. Notwithstanding any provision of this chapter to the contrary, the amount of a municipal civil infraction fine due to the County in response to the issuance by the County of a Municipal civil infraction notice for a violation as provided by paragraph (12)A. hereof, shall be according to the following schedule:
a. For a violation of any provision of this chapter (except as provided by paragraph C.2.b. hereof):
(A) First offense: $500.00
(B) First repeat offense: $1,000
(C) Second repeat offense (or any subsequent repeat offense): $2,500.
(A) First offense: $1,000
(B) First repeat offense: $2,500
(C) Second repeat offense (or any subsequent repeat offense): $5,000.
For any fine not paid in full at the Wayne County Municipal Ordinance Violations Bureau within thirty days of the time specified for appearance in the Municipal civil infraction violation notice, the fine amount due shall automatically be double the amounts listed immediately above. A copy of this schedule shall be posted at the Wayne County Municipal Ordinance Violations Bureau.
D. Authorized County officials. The following persons are "authorized County officials" for purposes of issuing Municipal civil infraction citations (directing alleged violators to appear in district court) or Municipal civil infraction violation notices (directing alleged violators to appear at the Wayne County Municipal Ordinance Violations Bureau) for violations under this chapter: the Director of the Wayne County Department of Environment (and the Director's designees); and any County police officer.
E. Definitions. As used in this subsection:
1. "Act" means Act No. 236 of the Public Acts of 1961 ("Revised Judicature Act of 1961"), as amended.
2. "Bureau" means the Wayne County Municipal Ordinance Violations Bureau established by the County under Section 8396 of the Act to accept admissions of responsibility for Municipal civil infractions in response to Municipal civil infraction violation notices issued and served by authorized County officials, and to collect and retain civil fines and costs as prescribed by this chapter.
3. "Municipal civil infraction" means an act or omission that is prohibited by this chapter, but which is not a crime under this chapter, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of the Act. A Municipal civil infraction is not a lesser included offense of a violation of this chapter that is a criminal offense.
4. "Municipal civil infraction action" means a civil action in which the defendant is alleged to be responsible for a Municipal civil infraction.
5. "Municipal civil infraction citation" means a written complaint or notice prepared by an authorized County official, directing a person to appear in district court regarding the occurrence or existence of a Municipal civil infraction violation by the person cited.
6. "Municipal civil infraction determination" means a determination that a defendant is responsible for a Municipal civil infraction by any one of the following:
a. An admission of responsibility for the Municipal civil infraction.
b. An admission of responsibility for the Municipal civil infraction, "with explanation."
c. A preponderance of the evidence at an informal hearing or formal hearing on the question under Section 8719 or 8721 of the Act, respectively.
d. A default judgment for failing to appear as directed by a Municipal civil infraction citation or other notice, at a scheduled appearance under Section 8715(3)(b) or (4) of the Act, at an informal hearing under Section 8719 of the Act, or at a formal hearing under Section 8721 of the Act.
7. "Municipal civil infraction violation notice" means a written notice prepared by an authorized County official, directing a person to appear at the Wayne County Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the County, as authorized under Sections 8396 and 8707(6) of the Act.
F. Other requirements and procedures. Except as otherwise provided by this section, the requirements and procedures for commencing Municipal civil infraction actions; issuance and service of Municipal civil infraction citations and notices; determination and collection of court-ordered fines, costs and expenses; appearances and payment of fines and costs; failure to answer, appear or pay fines; disposition of fines, costs and expenses paid; and other matters regarding Municipal civil infractions; shall be as set forth in Chapter 2 ("Municipal Civil Infractions") of the Wayne County Code.
(13) Criminal penalties; imprisonment. Any person who (1) at the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any rules, regulations, licenses, permits, orders, agreements or determination issued, adopted or entered by the County Agency under this chapter; (2) intentionally makes a false statement, representation, or certification in an application for, or form pertaining to, a permit, or in a notice, report, or record required by this chapter, or in any other correspondence or communication, written or oral, with the County Agency regarding matters regulated by this chapter; (3) intentionally falsifies, tampers with, or renders inaccurate any sampling or monitoring device or record required to be maintained by this chapter; or (4) commits any other act that is punishable under State law by imprisonment for more than ninety days; shall, upon conviction, be guilty of a misdemeanor punishable by a fine of five hundred dollars ($500.00) per violation, per day, or imprisonment for up to ninety days, or both, in the discretion of the court. If a violation is committed by a person who acts or fails to act on behalf of a corporation or a partnership, that person shall be held personally liable for the fine or imprisonment, or both.
(14) Separate offenses. Each act of violation, and each day or portion of a day that a violation of this chapter, or of any permit, license, order, notice or determination issued, made or entered into under this chapter is permitted to exist or occur, constitutes a separate offense and shall be punishable as provided by this chapter.
(15) Recovery of costs. In addition to the civil and criminal penalties prescribed by this chapter, a user is liable for all costs incurred if the user:
A. Is in violation of its permit, an order, this chapter, prohibitions or mandates;
B. Causes a deposit, or obstruction;
C. Causes damage to disposal system equipment, a sewer or the POTW;
D. Impairs the treatment process, or precipitates extraordinary treatment procedures; or
E. Discharges pollutants which enter the receiving waters by either POTW pass-through or through an overflow facility resulting in a NPDES permit violation.
The County Agency shall determine all costs incurred as a result of the user’s action, including the amount of that loss, NPDES fines, if applicable, and the expense of the cleaning, repair and replacement work needed to remedy that damage, and subsequent administrative charges, and shall bill the user for the full amount of all such costs and expenses. Failure to pay that amount, in full, within thirty days after receipt of the billing, shall constitute grounds for the immediate revocation of that user’s wastewater discharge permit. The County Agency may commence the appropriate proceeding to recover such costs and expenses.
(g) Miscellaneous Provisions.
(1) Removal credits. Where applicable, the County Agency may elect to initiate a program of removal credits as part of this chapter to reflect the POTW's ability to remove pollutants in accordance with 40 CFR 403.7, as amended.
(2) Net/gross calculations. Categorical pretreatment standards and local limits may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section.
Any industrial user wishing to obtain credit for intake pollutants must make application to the County Agency. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake) if the requirements of 40 CFR 403.15, as amended, are met.
(3) Hauled-in wastewater. Hauled-in waste and septic tank waste which is hauled or transported within or into the service area may be introduced into the County POTW only at locations and such times as designated by the County Agency, provided:
A. Such waste shall not violate this chapter, including paragraph (b)(1) hereof, or any requirements established by the County Agency. A waste analysis may be required prior to discharge when a prohibited discharge is suspected.
B. All dischargers shall be subject to the provisions of the Hauled Wastewater and Septage Policy as established by the County Agency.
(4) Pollution prevention. The County shall encourage users to voluntarily adopt pollution prevention measures.
(5) Mercury Reduction Plans. The County Authority may require a user to develop, submit for approval and implement a Mercury Reduction Plan ("MRP") if the user discharges wastewater that will, or has a reasonable potential to, exceed the quantification level for mercury, as set forth in Appendix A following the text of this chapter. Such Plan shall include a written commitment by the user to reduce the concentration of mercury in the user's effluent to concentrations below the quantification level within three years of the implementation of the approval of the Plan by the County Agency. The Plan shall be submitted on a form provided by the County Agency. The user must submit to the County Agency a semiannual report on the status on the mercury reduction efforts.
To ensure compliance with the local discharge limit for mercury as set forth in Appendix A following the text of this chapter, a user may elect to implement a Mercury Reduction Plan.
(Ord. 712. Passed 2-14-01.)