§ 51.05 USE OF PUBLIC SEWERS GENERALLY.
   (A)   No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to the public sewer.
   (B)   Storm water and all other unpolluted drainage shall be discharged to the ground surface or to a natural outlet approved by the township or the SWRC.
   (C)   Except as hereinafter provided by specific limits stated in this chapter, no person shall discharge or cause to be discharged sewage or wastes having any of the following characteristics or conditions to any public sewer:
      (1)   BOD in concentrations exceeding 1,000 mg/l;
      (2)   COD in concentrations exceeding 1,000 mg/l;
      (3)   Phosphorus in concentrations exceeding 100 mg/l;
      (4)   Chlorine demand in excess of 15 mg/l;
      (5)   Any garbage which is not properly shredded garbage;
      (6)   Grease, oils, wax, fats or any other substances that will solidify or become viscous in the sewer at temperatures between 32°F and 150°F;
      (7)   Any water or waste containing greater than 100 parts per million by weight of fat, oil, grease, wax or other similar materials;
      (8)   Substances which tend to settle out in the sewer, causing stoppage or obstruction of flow;
      (9)   Liquids which are corrosive;
      (10)   Insoluble, solid or viscous substances such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, tar, feathers, plastics, wood, hair, paunch manure;
      (11)   Any noxious or malodorous gas or substance capable of creating a public nuisance;
      (12)   Substances having a pH less than 6.5 and greater than 9.5;
      (13)   All toxic, poisonous or radioactive wastes or isotopes exceeding limits established by applicable state and federal regulations;
      (14)   Any substance harmful to pipes, jointing material, manholes, concrete or structures or processes of the system;
      (15)   Any live animals, fish or reptiles;
      (16)   Suspended solids in excess of 250 mg/l;
      (17)   Wastes having a temperature less than 32°F or greater than 150°F;
      (18)   Solid or viscous substances in amounts which cause obstructions to the flow in collecting or intercepting sewers or interference with the proper operation of the treatment works or explosion or are in any other way injurious to the sewer work or its operation;
      (19)   Any wastes at such temperatures that biological activity is inhibited at the treatment works resulting in interference. The discharge of heat must be regulated so that the temperature at the treatment works influent does not exceed 40°C (104°F);
      (20)   Arsenic in concentrations in excess of 0.014 mg/l;
      (21)   Cadmium in concentrations in excess of 0.005 mg/l;
      (22)   Chromium (total) in concentrations in excess of 0.020 mg/l;
      (23)   Copper in concentrations in excess of 0.119 mg/l;
      (24)   Cyanide in concentrations in excess of 0.29 mg/l;
      (25)   Lead in concentrations in excess of 0.051 mg/l;
      (26)   Nickel in concentrations in excess of 0.031 mg/l;
      (27)   Zinc in concentrations in excess of 0.490 mg/l;
      (28)   Any material indicated in the EPA priority pollutants and/or the state’s critical material list or register;
      (29)   Wastes which create or can create a fire or explosion hazard, defined as being greater than 20% of the lower explosive limit (LEL) for the substance. Materials of concern in this regard include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, perchlorates, bromates, carbides, hydrides, Stoddard solvents and sulfides. Also, any liquids, solids or gases which, by their nature or quantity, are, or may be, sufficient either alone or by interaction with other substances as to cause fire;
      (30)   Any pollutant, including oxygen demanding substances, released in a discharge of such volume or strength which causes interference;
      (31)   Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
      (32)   Any slug released in a single extraordinary discharge of such volume or strength as to cause interference to the sewage works;
      (33)   Upon the promulgation of the national categorical pretreatment standards, alternative discharge limits or other federal or state limitations, for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. The township shall notify all affected users of the applicable reporting requirements; and
      (34)   State requirements and limitations on discharges shall apply whenever such measurements and limitations are more stringent than national categorical pretreatment standards or limitations presented in this chapter.
   (D)   No customer of the system shall discharge or cause to be discharged any sewage or wastes which would cause effluent from the sewage treatment facility to exceed discharge limits established in the NPDES permit issued to the village for operation of the township’s wastewater treatment plant.
   (E)   No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment.
   (F)   (1)   If any sewage or wastes are discharged, or are proposed to be discharged to the public sewer, and such sewage or wastes contain the substances or possess the characteristics listed in division (C) above and which, in the judgment of the township, may have a deleterious effect upon the sewage works or sewage treatment facility, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the township may take the actions necessary to:
         (a)   Reject the sewage or wastes from the public sewer;
         (b)   Require pretreatment to an acceptable condition for the discharge of the sewage or wastes to the public sewers;
         (c)   Require control over the quantities and rates of discharge; and
         (d)   Require payment to cover the added cost of handling and treating the sewage or wastes pursuant to § 51.40 of this chapter.
      (2)   If the township permits the pretreatment or equalization of sewage or waste flows, the design and installation of the plants, processes and equipment shall be subject to the review and approval of the township, the Health Department, the SWRC and subject to the requirements of all applicable codes, ordinances, regulations and laws. No construction of pretreatment facilities shall take place until all necessary approvals are obtained in writing. The township may:
         (a)   Put such conditions on the acceptance of such wastewater or pollutants as the Township Board deems necessary;
         (b)   Set unit charges and surcharges, or a schedule of other charges and fees for the wastewater to be discharged to the sewage works;
         (c)   Limit the average and maximum wastewater constituents and characteristics;
         (d)   Limit the average and maximum rate and time of discharge or make requirements for flow regulations and equalization;
         (e)   Require the installation and maintenance of inspection and sampling facilities;
         (f)   Establish specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
         (g)   Establish compliance schedules;
         (h)   Require submission of technical reports of discharge reports;
         (i)   Require the maintaining, retaining and furnishing of plant records relating to wastewater discharge as specified by the township and affording the township and village access thereto and copying thereof;
         (j)   Require notification of the township for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the system; and
         (k)   Require notification of slug discharges.
   (G)   Where pretreatment or flow equalizing facilities are provided for any sewage or wastes, such facilities shall be maintained continuously in satisfactory and effective operation by the owner at no expense to the township.
   (H)   Industrial or non-domestic users shall provide pretreatment as required to comply with this chapter and shall achieve compliance with all pretreatment standards within the time limitations as specified by the national categorical pretreatment standards and as required by the township. Any facilities required to pretreat wastewater to a level acceptable to the township 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 township for review, and shall be approved by the township before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the township under the provisions of this chapter. All subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the township prior to the user’s initiation of the changes.
   (I)   All non-domestic users proposing to connect to or to contribute to the sewage works shall submit information on their processes and wastewater to the township before connecting to or contributing to the sewage works. All current non-domestic users connected to or contributing to the sewage works shall submit this information upon request of the township. The information submitted must be sufficient for the township to determine the impact of the proposed user’s discharge on the sewage works and the need for pretreatment. The user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   Name, address and location (if different from the address);
      (2)   SIC number;
      (3)   Time and duration of contribution;
      (4)   Average daily and instantaneous peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
      (5)   Industries identified as significant industries or subject to the national categorical pretreatment standards or alternative discharge limits or those required by the township must submit site plans, floor plans, mechanical and plumbing plans and details to show all sewers, service connections, inspection manholes, sampling chambers and appurtenances by the size, location and elevation;
      (6)   Description of activities, facilities and plan processes on the premises including all materials which are or could be discharged;
      (7)   The nature and concentration of any pollutants in the discharge which are limited by the township, state or federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional O&M and/or additional pretreatment is required by the industrial user to meet applicable pretreatment standards;
      (8)   If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule.
         (a)   The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards, including, but not limited to, dates related to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter;
         (b)   No increment referred to in division (I)(8)(a) above nine months;
         (c)   Not later than 15 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the township including, as a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than three months elapse between such progress reports to the township.
      (9)   Each product produced by type, amount, process or processors and rate of production;
      (10)   Type and amount of raw materials processed, average and maximum per day;
      (11)   Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system;
      (12)   Any other information required by the township to evaluate the impact of the discharge on the sewage works; and
      (13)   Within six months of the promulgation of revision of a pretreatment standard, all affected users must submit to the township the information required by this section.
   (J)   Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewage works, any user subject to pretreatment standards and requirements shall submit to the township a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user’s facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements 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 or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified representative.
   (K)   Any user or new source subject to pretreatment standards and requirements and discharging into the sewage works shall submit to the township semi-annually, unless required more frequently in a pretreatment standard or by the township, 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 a record of all daily flows which, during the reporting period, exceeded the average daily flow reported to the township as herein required. At the discretion of the township and in consideration of such factors as local high or low flow rates, holidays or budget cycles, the township may alter the months during which the above reports are to be submitted. The township may also impose mass limitations on users in cases in which the imposition of mass limitations is appropriate. In such case, the report required by this division (K) shall also indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
   (L)   When required by the township, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer. The purpose of this control manhole shall be to enable observation, sampling and measurements of the industrial wastes. Such manhole shall be in a location approved by the township, shall be easily accessible and shall be constructed in accordance with plans and specifications approved by the township and the Township Engineer. Installation of the control manhole, sampling equipment and other appurtenances required by the township shall be at the expense of the property owner. The owner shall also maintain the control manhole and appurtenances in a safe and accessible manner at all times.
   (M)   All measurements, tests and analysis of characteristics of industrial wastes shall be conducted on samples obtained at the control manhole. Where no specific control manhole has been constructed, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
   (N)   (1)   The storage or use area for oil, salt or any materials in the critical material register prepared by the state’s Water Resources Commission pursuant to § 6 of the Commission Act, being M.C.L.A. Chapter 324, shall be diked, curbed or otherwise structurally enclosed as required by rules promulgated by the Water Resources Commission, being Part 5 R323.151 through R323.1169, being M.C.L.A. Chapter 451, as amended.
      (2)   In addition, each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter to waters of the state or the sewage works. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the township for review, and shall be approved by the township before construction. Each user shall complete construction of these facilities within a time period specified by the township. No new user shall be permitted to introduce pollutants into the system until approved accidental discharge facilities have been constructed. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, the user shall immediately telephone and notify the operator of the sewage works of the incident. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume and corrective actions.
   (O)   (1)   Within five days following an accidental discharge, the user shall submit the township a detailed report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.
      (2)   Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewage works, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
      (3)   A notice shall be permanently posted by the user in a prominent place on the premises advising employees of whom to call in the event of an accidental discharge.
      (4)   Employers shall ensure that all employees who may cause or suffer such accidental discharge to occur are advised of the emergency notification procedure.
   (P)   (1)   Grease, oil, and sand interceptors shall be provided by users of the system when determined by the township to be necessary for the proper handling of sewage or wastes containing ingredients described in division (C) above. All interceptors shall be:
         (a)   Of the type and capacity prescribed by the township;
         (b)   Located so as to be readily and easily accessible for cleaning and inspection;
         (c)   Constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature; and
         (d)   Of substantial construction, water-tight and equipped with easily removable covers which when bolted in place shall be gas-tight and water-tight.
      (2)   Interceptors shall not be required for residential users for private living quarters or dwelling units.
   (Q)   All costs of design, construction, maintenance and testing of any facilities, plants or processes needed to meet requirements of this section shall not be the responsibility of either Algoma Township, the village or the township.
   (R)   No statement contained in this section shall be construed as preventing any special agreement or arrangement between the township and any industrial user whereby industrial wastes of unusual strength or character may be accepted by the township for treatment, subject to payment of a user surcharge by the industrial user.
   (S)   No statement contained in this section shall be construed as preventing any special agreement or arrangement between the township and any other municipality whereby sewage or wastes from the municipality may be accepted by the township for treatment, subject to payment therefor, by the municipality.
   (T)   (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 such 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 chapter, the NPDES permit or the pretreatment programs; provided, however, that, such 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.
(Prior Code, § 70.006) (Ord. 92-2, effective 4-23-1992)