local ipp regulations sewer use ordinances sandra diorka director of public services delhi charter...

LOCAL IPP REGULATIONSLOCAL IPP REGULATIONSSEWER USE ORDINANCESSEWER USE ORDINANCES

Sandra DiorkaSandra Diorka

Director of Public ServicesDirector of Public Services

Delhi Charter TownshipDelhi Charter Township

General ProvisionsGeneral Provisions• PurposePurpose

– ““This Ordinance applies to all persons, whether within the This Ordinance applies to all persons, whether within the Township or outside the Township, who discharge into the Township or outside the Township, who discharge into the POTW. POTW. Any other municipality that discharges into the POTW Any other municipality that discharges into the POTW shall, as a condition to discharge, adopt an ordinance that is at shall, as a condition to discharge, adopt an ordinance that is at least as restrictive as this Ordinance and approved by the least as restrictive as this Ordinance and approved by the Township.”Township.”

• PolicyPolicy– ‘‘It is unlawful for any person to discharge any wastewater or It is unlawful for any person to discharge any wastewater or

pollutant to the POTW or natural outlet within the Township or pollutant to the POTW or natural outlet within the Township or in any area under the jurisdiction of the Township, except in in any area under the jurisdiction of the Township, except in accordance with the provisions of this Ordinance.’accordance with the provisions of this Ordinance.’

• ObjectivesObjectives• DefinitionsDefinitions

– New Source 40 CFR 403.3 (k)New Source 40 CFR 403.3 (k)– Significant Industrial User 40 CFR 403.3 (t)Significant Industrial User 40 CFR 403.3 (t)

Definitions continued…Definitions continued…““Natural Outlet”Natural Outlet” means any naturally formed outlet into a watercourse, pond, means any naturally formed outlet into a watercourse, pond,

ditch, lake or other body of surface water or ground water.ditch, lake or other body of surface water or ground water.

““Discharge”Discharge” means the introduction of waste, wastewater, effluent. means the introduction of waste, wastewater, effluent. substances or pollutants into the POTW, whether intentional or substances or pollutants into the POTW, whether intentional or unintentional, and whether directly (such as through an approved sewer unintentional, and whether directly (such as through an approved sewer connection or other approved discharge point as authorized by this connection or other approved discharge point as authorized by this Ordinance) or indirectly (including, but not limited to, sources such as Ordinance) or indirectly (including, but not limited to, sources such as inflow and infiltration).inflow and infiltration).

““Industrial User”Industrial User” means any nondomestic user that contributes, causes or means any nondomestic user that contributes, causes or permits the contribution, introduction or discharge of wastewater or permits the contribution, introduction or discharge of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether pollutants into the POTW, whether intentional or unintentional, and whether directly or indirectly. directly or indirectly.

““Non-domestic User”Non-domestic User” means any user that discharges anything other than means any user that discharges anything other than normal strength domestic waste into the POTW (i.e., any user other than a normal strength domestic waste into the POTW (i.e., any user other than a domestic user). The determination of whether or not a user is a “non-domestic user). The determination of whether or not a user is a “non-domestic user” shall be made by POTW Superintendent at the domestic user” shall be made by POTW Superintendent at the Superintendent’s sole discretion as determined necessary by the Superintendent’s sole discretion as determined necessary by the Superintendent to achieve the purposes and objectives of this Ordinance. Superintendent to achieve the purposes and objectives of this Ordinance. Any user that has the reasonable potential, as determined by the POTW Any user that has the reasonable potential, as determined by the POTW Superintendent, to discharge any waste other than normal strength Superintendent, to discharge any waste other than normal strength domestic waste into the POTW, may be deemed a non-domestic user for domestic waste into the POTW, may be deemed a non-domestic user for purposes of this Ordinance.purposes of this Ordinance.

Definitions continued…Definitions continued…"Non-domestic Waste”"Non-domestic Waste” means any waste which is not entirely composed of means any waste which is not entirely composed of

normal strength domestic waste. The determination of whether or not a normal strength domestic waste. The determination of whether or not a waste is a “non-domestic waste” shall be made by POTW Superintendent waste is a “non-domestic waste” shall be made by POTW Superintendent at the Superintendent’s sole discretion as determined necessary by the at the Superintendent’s sole discretion as determined necessary by the Superintendent to achieve the purposes and objectives of this Ordinance. Superintendent to achieve the purposes and objectives of this Ordinance. Any waste which has the reasonable potential, as determined by the POTW Any waste which has the reasonable potential, as determined by the POTW Superintendent, to be not entirely composed of normal strength domestic Superintendent, to be not entirely composed of normal strength domestic waste may be deemed non-domestic waste for purposes of this Ordinance.waste may be deemed non-domestic waste for purposes of this Ordinance.

““Normal Strength Domestic Waste”Normal Strength Domestic Waste” means a domestic waste flow for which means a domestic waste flow for which the levels of pollutants (including, but not limited to, BOD, TSS, ammonia the levels of pollutants (including, but not limited to, BOD, TSS, ammonia nitrogen, or phosphorous) do not exceed the surcharge levels for any nitrogen, or phosphorous) do not exceed the surcharge levels for any parameter as established by this Ordinance. Further, to be considered parameter as established by this Ordinance. Further, to be considered normal strength, the wastewater must have a pH between 6.5 and 10, normal strength, the wastewater must have a pH between 6.5 and 10, must not exceed any local limit, and must not contain a concentration of must not exceed any local limit, and must not contain a concentration of other constituents that would pass through or interfere with POTW other constituents that would pass through or interfere with POTW treatment processes. The determination of whether or not a waste stream treatment processes. The determination of whether or not a waste stream is “normal strength domestic waste” shall be made by POTW is “normal strength domestic waste” shall be made by POTW Superintendent at the Superintendent’s sole discretion as determined Superintendent at the Superintendent’s sole discretion as determined necessary by the Superintendent to achieve the purposes and objectives necessary by the Superintendent to achieve the purposes and objectives of this Ordinance.of this Ordinance.

Definitions continued…Definitions continued…““Daily Maximum”Daily Maximum” means the concentration or mass loading that shall not means the concentration or mass loading that shall not

be exceeded on any single calendar day. Where daily maximum be exceeded on any single calendar day. Where daily maximum limitations are expressed in terms of a concentration, the daily limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Where concentration derived from all measurements taken that day. Where daily maximum limitations are expressed in units of mass, the daily daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged during the day. If a composite discharge is the total mass discharged during the day. If a composite sample is required for a parameter, the determination whether the sample is required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a daily maximum limitation for that parameter has been exceeded on a single calendar day shall be based on the composite sample collected single calendar day shall be based on the composite sample collected for that parameter on that calendar day. If grab samples are required for that parameter on that calendar day. If grab samples are required for a parameter, the determination whether the daily maximum for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a calendar day limitation for that parameter has been exceeded on a calendar day shall be based on the average of all grab samples collected for that shall be based on the average of all grab samples collected for that parameter on that calendar day. If only one grab sample is collected parameter on that calendar day. If only one grab sample is collected for a parameter on a given day, the determination whether the daily for a parameter on a given day, the determination whether the daily maximum limitation for that parameter has been exceeded for the day maximum limitation for that parameter has been exceeded for the day shall be based on the results of that single grab sample. If the shall be based on the results of that single grab sample. If the pollutant concentration in any sample is less than the applicable pollutant concentration in any sample is less than the applicable detection limit, that value shall be regarded as zero when calculating detection limit, that value shall be regarded as zero when calculating the daily maximum concentration.the daily maximum concentration.

Definitions continued…Definitions continued…““Instantaneous Maximum Concentration”Instantaneous Maximum Concentration” means the maximum concentration of a means the maximum concentration of a

pollutant allowed to be discharged at any instant in time (independent of the flow pollutant allowed to be discharged at any instant in time (independent of the flow rate or duration of the sampling event). If the concentration determined by rate or duration of the sampling event). If the concentration determined by analysis of any grab sample, composite sample, or discrete portion of a analysis of any grab sample, composite sample, or discrete portion of a composite sample exceeds the instantaneous maximum concentration, the composite sample exceeds the instantaneous maximum concentration, the instantaneous maximum concentration shall be deemed to have been exceeded. instantaneous maximum concentration shall be deemed to have been exceeded. Any discharge of a pollutant at or above a specified instantaneous maximum Any discharge of a pollutant at or above a specified instantaneous maximum concentration is a violation of this Ordinance.concentration is a violation of this Ordinance.

““Monthly Average”Monthly Average” means the sum of the concentrations (or mass loadings, means the sum of the concentrations (or mass loadings, expressed in terms of pounds per day) of a pollutant divided by the number of expressed in terms of pounds per day) of a pollutant divided by the number of samples taken during a calendar month. The concentrations (or loadings) that are samples taken during a calendar month. The concentrations (or loadings) that are added are single numbers for single calendar days for all days during the added are single numbers for single calendar days for all days during the calendar month for which analyses are obtained (whether by the user or the calendar month for which analyses are obtained (whether by the user or the POTW), but the concentrations (or loadings) may be based upon a sample or POTW), but the concentrations (or loadings) may be based upon a sample or samples taken over either all or part of that day and upon single or multiple samples taken over either all or part of that day and upon single or multiple analyses for that day, as determined by the POTW Superintendent. If no samples analyses for that day, as determined by the POTW Superintendent. If no samples are taken during particular months because less than monthly sampling is are taken during particular months because less than monthly sampling is required for a pollutant parameter (e.g., a specified quarterly monitoring period), required for a pollutant parameter (e.g., a specified quarterly monitoring period), the monthly average for each month within the specified monitoring period shall the monthly average for each month within the specified monitoring period shall be deemed to be the sum of concentrations (or loadings) for the monitoring be deemed to be the sum of concentrations (or loadings) for the monitoring period divided by number of samples taken during the monitoring period. If the period divided by number of samples taken during the monitoring period. If the pollutant concentration in any sample is less than the applicable detection limit, pollutant concentration in any sample is less than the applicable detection limit, that value shall be regarded as zero when calculating the monthly average that value shall be regarded as zero when calculating the monthly average concentration.concentration.

Definitions continued…Definitions continued…““POTW”POTW” (Publicly Owned Treatment Works) means the complete (Publicly Owned Treatment Works) means the complete

sewage disposal system and treatment works owned, operated, or sewage disposal system and treatment works owned, operated, or controlled by the Township as defined by the Act, including any controlled by the Township as defined by the Act, including any devices, processes and systems used in the storage, treatment, devices, processes and systems used in the storage, treatment, recycling or reclamation of wastewater, sewage or sludge, as well recycling or reclamation of wastewater, sewage or sludge, as well as sewers (including all mains, leads, and intercepting sewers), as sewers (including all mains, leads, and intercepting sewers), pipes, pumps, lift stations, and other conveyances used to collect pipes, pumps, lift stations, and other conveyances used to collect or convey wastewater or sewage to the treatment works, as now or or convey wastewater or sewage to the treatment works, as now or hereafter added to, extended or improved. The term “POTW” shall hereafter added to, extended or improved. The term “POTW” shall also include any sewers that convey wastewaters to the POTW also include any sewers that convey wastewaters to the POTW from persons outside the Township who are, by contract or from persons outside the Township who are, by contract or agreement with the Township, users of the POTW. References in agreement with the Township, users of the POTW. References in this Ordinance to approvals, determinations, reviews, etc., “by the this Ordinance to approvals, determinations, reviews, etc., “by the POTW” shall mean by the POTW Superintendent or the POTW” shall mean by the POTW Superintendent or the Superintendent’s designated representative. The term “POTW” Superintendent’s designated representative. The term “POTW” may also be used to refer to the Township as the municipality that may also be used to refer to the Township as the municipality that has jurisdiction over the discharges to, and discharges from, the has jurisdiction over the discharges to, and discharges from, the treatment works, or to the Wastewater Treatment Plant and its treatment works, or to the Wastewater Treatment Plant and its designated representatives, as appropriate to the context in which designated representatives, as appropriate to the context in which the term is used.the term is used.

Definitions continued…Definitions continued…

““May”May” is permissive. is permissive.

““Shall”Shall” is mandatory. is mandatory.

RegulationsRegulations• General Discharge Prohibitions General Discharge Prohibitions

– 40 CFR 403.5 (a) (1)40 CFR 403.5 (a) (1)• Specific Discharge Prohibitions Specific Discharge Prohibitions

– 40 CFR 403.5 (b)40 CFR 403.5 (b)– Fire/Explosion - 40 CFR 403.5 (b) (1)Fire/Explosion - 40 CFR 403.5 (b) (1)– pH/corrosion – 40 CFR 403.5 (b) (2)pH/corrosion – 40 CFR 403.5 (b) (2)– Solid/viscous pollutants – 40 CFR 403.5 (b)(3)Solid/viscous pollutants – 40 CFR 403.5 (b)(3)– Flow rate/concentration causing interference – 40 CFR Flow rate/concentration causing interference – 40 CFR

403.5 (b)(4)403.5 (b)(4)– Heat (<104 at plant influent) – 40 CFR 403.5 (b) (5) Heat (<104 at plant influent) – 40 CFR 403.5 (b) (5) – Oils in amounts that cause interference / pass through – Oils in amounts that cause interference / pass through –

40 CFR 403.5 (b) (6)40 CFR 403.5 (b) (6)– Toxic gases, vapors, or fumes – 40 CFR 403.5 (b) (7)Toxic gases, vapors, or fumes – 40 CFR 403.5 (b) (7)– Trucked or hauled pollutants – 40 CFR 403.5 (b) (8)Trucked or hauled pollutants – 40 CFR 403.5 (b) (8)

• No person shall discharge any waste or other substances directly No person shall discharge any waste or other substances directly into a manhole, catch basin or inlet; all discharges to a public into a manhole, catch basin or inlet; all discharges to a public sewer shall be through an approved sewer connection.sewer shall be through an approved sewer connection.

Discharge ProhibitionsDischarge Prohibitions

• Pollutants that result in the presence of toxic Pollutants that result in the presence of toxic gases, vapors or fumes within the POTW in a gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and quantity that may cause acute worker health and safety problems. This prohibition includes, but is safety problems. This prohibition includes, but is not limited to, wastewaters which contain liquids, not limited to, wastewaters which contain liquids, solids or gases that cause gases, solids or gases that cause gases, vapors or fumes vapors or fumes from the discharge to exceed 10% of the from the discharge to exceed 10% of the immediately dangerous to life and health (IDLH) immediately dangerous to life and health (IDLH) concentration.concentration. Discharges which contain more Discharges which contain more than one pollutant which may contribute to fume than one pollutant which may contribute to fume toxicity shall be subject to more restrictive toxicity shall be subject to more restrictive limitations, as determined necessary by the limitations, as determined necessary by the POTW. The more restrictive discharge limits shall POTW. The more restrictive discharge limits shall be calculated based on the additive fume toxicity be calculated based on the additive fume toxicity of all compounds identified or reasonably of all compounds identified or reasonably expected to be present in the discharge.expected to be present in the discharge.

Discharge Prohibitions continued…Discharge Prohibitions continued…

• Any Any unpolluted waterunpolluted water, non-contact , non-contact cooling water, storm water, surface cooling water, storm water, surface water, groundwater, roof runoff or water, groundwater, roof runoff or subsurface drainage.subsurface drainage.

• Any substance which exerts or Any substance which exerts or causes a causes a high concentration of high concentration of dissolved solidsdissolved solids, including, but not , including, but not limited to, sodium chloride. limited to, sodium chloride.

• AnyAny wastewater containing wastewater containing polychlorinated biphenyls (polychlorinated biphenyls (PCBsPCBs).).

Regulations continued…Regulations continued…

• Limitations on waste water strengthLimitations on waste water strength– Local Limits - 40 CFR 403.5 (c)Local Limits - 40 CFR 403.5 (c)– National Categorical Pretreatment National Categorical Pretreatment

Standards 40 CFR 403.6Standards 40 CFR 403.6– New Source Compliance Deadline - 40 New Source Compliance Deadline - 40

CFR 403.6 (b)CFR 403.6 (b)– Equivalent Mass/Concentration Limits – Equivalent Mass/Concentration Limits –

40 CFR 403.6 (c) (2)-(7)40 CFR 403.6 (c) (2)-(7)– Dilution Prohibition – 40 CFR 403.6 (d)Dilution Prohibition – 40 CFR 403.6 (d)– Combined waste stream formula – 40 Combined waste stream formula – 40

CFR 403.6 (e)CFR 403.6 (e)

AdministrationAdministration• Waste water Discharges – 40 CFR 403.8 (f)Waste water Discharges – 40 CFR 403.8 (f)

(l)(i)(l)(i)• Waste water contribution permitsWaste water contribution permits - 40 - 40

CFR 403.8 (f)(l)(iii)CFR 403.8 (f)(l)(iii)• Permit applicationPermit application• Permit conditions – 40 CFR 403.8 (f)(l)(iii)Permit conditions – 40 CFR 403.8 (f)(l)(iii)

– Statement of Duration ( 5 yrs. Max) (A)Statement of Duration ( 5 yrs. Max) (A)– Statement of Non-transferability (B)Statement of Non-transferability (B)– Applicable Effluent limits (C)Applicable Effluent limits (C)– Self-monitoring, sampling, Reporting, Record-Self-monitoring, sampling, Reporting, Record-

keeping, etc. (D)keeping, etc. (D)– Statement of Applicable Penalties (E)Statement of Applicable Penalties (E)

Administration continued…Administration continued…

• Reporting requirements – 40 CFR 403.12Reporting requirements – 40 CFR 403.12– Baseline Monitoring Report (BMR) -(b)Baseline Monitoring Report (BMR) -(b)– Sampling Requirements for BMRs - (b) (5) (iii) & Sampling Requirements for BMRs - (b) (5) (iii) &

(iv)(iv)– Compliance Schedule Progress Report (c)Compliance Schedule Progress Report (c)– 90 day Compliance Report (d)90 day Compliance Report (d)– Periodic Compliance Report for CIUs (e)Periodic Compliance Report for CIUs (e)– Representative Sampling (g) (3)Representative Sampling (g) (3)– All monitoring results required (g) (5)All monitoring results required (g) (5)– Slug Loadings (Potential Problems) (f)Slug Loadings (Potential Problems) (f)– Notification of Violations and Resample (g) (2)Notification of Violations and Resample (g) (2)

Secondary Containment RequirementsSecondary Containment Requirements

(a) Each user must provide and maintain at the user’s sole (a) Each user must provide and maintain at the user’s sole expense secondary spill containment structures (including expense secondary spill containment structures (including diking, curbing or other appropriate structures) adequate to diking, curbing or other appropriate structures) adequate to protect all floor drains from accidental spills and discharges to protect all floor drains from accidental spills and discharges to the POTW of any pollutants or discharges regulated by this the POTW of any pollutants or discharges regulated by this Ordinance. Ordinance.

(1) The containment area shall be constructed so that (1) The containment area shall be constructed so that no liquid no liquid polluting material can escape from the area by gravity through polluting material can escape from the area by gravity through the building sewers, drains, or otherwise directly or indirectly the building sewers, drains, or otherwise directly or indirectly into the POTW.into the POTW.

(2) The containment or curbing shall be sufficient to (2) The containment or curbing shall be sufficient to hold not hold not less than 10% of the total volume of the tanks or containers less than 10% of the total volume of the tanks or containers within the secondary containment structure or provide a within the secondary containment structure or provide a capacity of 100% of the largest single tank or container within capacity of 100% of the largest single tank or container within the secondary containment structure, whichever is largerthe secondary containment structure, whichever is larger, , unless a lesser containment area or alternate control measures unless a lesser containment area or alternate control measures are approved in advance by the POTW Superintendent.are approved in advance by the POTW Superintendent.

Secondary Containment Requirements Secondary Containment Requirements continued…continued…

(3) The containment structure (3) The containment structure must accommodate “squirt must accommodate “squirt distance”.distance”. Containers within the containment structure must Containers within the containment structure must be able to be placed sufficiently back from the edge of the be able to be placed sufficiently back from the edge of the structure so if punctured, the resulting leak will be contained. structure so if punctured, the resulting leak will be contained.

(4) The containment structure must be designed or operated (4) The containment structure must be designed or operated to to prevent run-on or infiltration of precipitationprevent run-on or infiltration of precipitation into the into the secondary containment system unless the collection system secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain Such additional capacity must be sufficient to contain precipitation from a 25- year, 24-hour rainfall event. precipitation from a 25- year, 24-hour rainfall event.

(5) The containment structure shall be (5) The containment structure shall be constructed with constructed with chemical-resistant water stopschemical-resistant water stops in place at all joints (if any) and in place at all joints (if any) and be free of cracks or gaps.be free of cracks or gaps.

Secondary Containment Requirements Secondary Containment Requirements continued…continued…

(6) The containment structure shall be designed and (6) The containment structure shall be designed and installed to completely surround the tank or installed to completely surround the tank or containers and to cover all surrounding earth likely containers and to cover all surrounding earth likely to come into contact with the waste if released from to come into contact with the waste if released from the tank(s) or containers (i.e., capable of preventing the tank(s) or containers (i.e., capable of preventing lateral as well as vertical migration of the material).lateral as well as vertical migration of the material).(7) All floor drains found within the containment area (7) All floor drains found within the containment area must be plugged and sealed. must be plugged and sealed.

(b) Spill troughs and sumps within process areas must (b) Spill troughs and sumps within process areas must discharge to appropriate pretreatment tanks. discharge to appropriate pretreatment tanks.

(c) Emergency containment shall also be provided for (c) Emergency containment shall also be provided for storage tanks that may be serviced by commercial storage tanks that may be serviced by commercial haulers and for chemical storage areas.haulers and for chemical storage areas.

Secondary Containment Requirements Secondary Containment Requirements continued…continued…(d) Solid pollutants shall be located in security areas (d) Solid pollutants shall be located in security areas

designed to prevent the loss of the materials to the designed to prevent the loss of the materials to the POTW. POTW.

(e) Detailed plans showing facilities and operating (e) Detailed plans showing facilities and operating procedures to provide the protection required by this procedures to provide the protection required by this Section shall be submitted to the POTW Superintendent Section shall be submitted to the POTW Superintendent for review, and for review, and shall be approved by the Superintendent shall be approved by the Superintendent before construction.before construction. Construction of approved Construction of approved containment for existing sources shall be completed containment for existing sources shall be completed within the time period specified by the POTW within the time period specified by the POTW Superintendent. Superintendent.

(f) (f) No new source shall be permitted to discharge to the No new source shall be permitted to discharge to the POTW until emergency containment facilities have been POTW until emergency containment facilities have been approved and constructed as required by this Section.approved and constructed as required by this Section.

(g) The POTW Superintendent may order a user to take (g) The POTW Superintendent may order a user to take interim measures for emergency containment as interim measures for emergency containment as determined necessary by the Superintendent under the determined necessary by the Superintendent under the circumstances.circumstances.

Administration continued…Administration continued…

• Reporting requirements – 40 CFR 403.12Reporting requirements – 40 CFR 403.12– Significant Noncategorical IU Reports (h)Significant Noncategorical IU Reports (h)– Changed Discharge (j)Changed Discharge (j)– Signatory Requirements (l)Signatory Requirements (l)– Hazardous Waste Discharge (p)Hazardous Waste Discharge (p)– Upset (reporting requirements) 403.16 (c) (3)Upset (reporting requirements) 403.16 (c) (3)– Bypass (reporting requirements) 403.17 (c) (1) Bypass (reporting requirements) 403.17 (c) (1)

&(2)&(2)– Monitoring, Inspections, and Surveillance 403.8 Monitoring, Inspections, and Surveillance 403.8

(f)(l)(v)(f)(l)(v)– Confidential information 403.14Confidential information 403.14

Self MonitoringSelf Monitoring

Except as otherwise provided by this Ordinance, self-Except as otherwise provided by this Ordinance, self-monitoring shall be conducted by each non-domestic monitoring shall be conducted by each non-domestic user to insure compliance with all applicable user to insure compliance with all applicable requirements of this Ordinance and other applicable requirements of this Ordinance and other applicable laws and regulations. laws and regulations. A user performing its own A user performing its own sampling shall submit the samples for analysis to a sampling shall submit the samples for analysis to a laboratory (which may include the user’s own laboratory (which may include the user’s own laboratory) approved by the POTW.laboratory) approved by the POTW. A user performing its A user performing its own sampling or monitoring own sampling or monitoring shall record and maintainshall record and maintain for all samples and monitoring the date, exact location for all samples and monitoring the date, exact location (which shall match sampling locations identified in the (which shall match sampling locations identified in the user’s wastewater discharge permit, as applicable), time user’s wastewater discharge permit, as applicable), time (including start time and stop time) and method of (including start time and stop time) and method of sampling or measurement, and the name(s) of person(s) sampling or measurement, and the name(s) of person(s) taking the samples or measurements; sampler taking the samples or measurements; sampler programming information; the sample preservation programming information; the sample preservation techniques or procedures used; the full chain-of-custody techniques or procedures used; the full chain-of-custody for each sample; the dates the analyses were performed for each sample; the dates the analyses were performed and completed; who performed the analyses;and completed; who performed the analyses;

Self Monitoring continued…Self Monitoring continued…

the analytical techniques and methods used; the the analytical techniques and methods used; the detection limits used per parameter; quality detection limits used per parameter; quality assurance/quality control (QA/QC) procedures assurance/quality control (QA/QC) procedures used and QA/QC data; and the results of the used and QA/QC data; and the results of the analyses. If sampling performed by a user analyses. If sampling performed by a user indicates a violation, the user shall notify the indicates a violation, the user shall notify the POTW Superintendent within 24 hours of POTW Superintendent within 24 hours of becoming aware of the violation. The user shall becoming aware of the violation. The user shall also repeat the sampling and analysis and submit also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW the results of the repeat analysis to the POTW within 30 days after becoming aware of the within 30 days after becoming aware of the violation, except that the user shall not be violation, except that the user shall not be required to resample ifrequired to resample if(a) the POTW performs sampling at the user at a (a) the POTW performs sampling at the user at a frequency of at least once per month, or …frequency of at least once per month, or …

Self Monitoring continued…Self Monitoring continued…

(b) the POTW performs sampling at the user (b) the POTW performs sampling at the user between the time when the user performs between the time when the user performs its initial sampling and the time when the its initial sampling and the time when the user receives the results of the sampling user receives the results of the sampling that indicates the violation. If a user uses that indicates the violation. If a user uses its own laboratory for sample analysis, the its own laboratory for sample analysis, the POTW Superintendent may require the user POTW Superintendent may require the user to send split samples to an independent to send split samples to an independent laboratory at a frequency specified by the laboratory at a frequency specified by the Superintendent as a quality control check.Superintendent as a quality control check.

Split samples and sample resultsSplit samples and sample results

(a) If requested by the POTW, the POTW shall be (a) If requested by the POTW, the POTW shall be provided with splits of any sample taken by a provided with splits of any sample taken by a user. user.

(b) If the POTW obtains samples and analyses are (b) If the POTW obtains samples and analyses are made thereof, a copy of the results shall be made thereof, a copy of the results shall be promptly furnished to the user upon written promptly furnished to the user upon written request by the user. request by the user.

(c) If requested by a user, the POTW shall leave a (c) If requested by a user, the POTW shall leave a portion of any sample of the user’s discharge portion of any sample of the user’s discharge taken from any sampling point on or adjacent to taken from any sampling point on or adjacent to the premises for the user’s independent analysis. the premises for the user’s independent analysis.

(d) (d) In cases of disputes arising over split samples, In cases of disputes arising over split samples, the portion taken and analyzed by the POTW shall the portion taken and analyzed by the POTW shall be controlling unless proven invalid.be controlling unless proven invalid.

Required sampling structures and Required sampling structures and devicesdevices

(a) (a) The POTW may require any user to install suitable The POTW may require any user to install suitable control structurescontrol structures (such as sampling manholes or sampling (such as sampling manholes or sampling vaults) and necessary measuring and sampling devices vaults) and necessary measuring and sampling devices (including automatic devices) to facilitate the observation, (including automatic devices) to facilitate the observation, sampling, and measurement of the quantity, composition, sampling, and measurement of the quantity, composition, and concentrations of discharges to the POTW. Control and concentrations of discharges to the POTW. Control structures and measuring and sampling devices may be structures and measuring and sampling devices may be required to be installed by a user at each discharge point. required to be installed by a user at each discharge point. Further, Further, multiple separate and discrete control structures, multiple separate and discrete control structures, and measuring and sampling devices may be required for and measuring and sampling devices may be required for a single user, premises, building, facility or user, as a single user, premises, building, facility or user, as determined necessary by the POTW Superintendent.determined necessary by the POTW Superintendent. The The structures and devices shall be maintained at all times in a structures and devices shall be maintained at all times in a safe, clean, proper and fully effective operating condition safe, clean, proper and fully effective operating condition at the sole expense of the user. at the sole expense of the user.

(b) There shall be ample room in or near the control (b) There shall be ample room in or near the control structure to allow accurate monitoring, measuring, structure to allow accurate monitoring, measuring, sampling and preparation of samples for analysis, as sampling and preparation of samples for analysis, as determined necessary by the POTW Superintendent.determined necessary by the POTW Superintendent.

Required sampling structures and Required sampling structures and devices continued…devices continued…

(c) At a minimum, all sewers shall have an (c) At a minimum, all sewers shall have an inspection and sampling manhole or inspection and sampling manhole or structure with an opening of no less than 24 structure with an opening of no less than 24 inches in diameter and an internal diameter inches in diameter and an internal diameter of no less than thirty-six 36 inches of no less than thirty-six 36 inches containing flow measuring, recording and containing flow measuring, recording and sampling equipment as required by the sampling equipment as required by the POTW Superintendent to assure compliance POTW Superintendent to assure compliance with this Ordinance. with this Ordinance. (d) Unless otherwise specified by the POTW (d) Unless otherwise specified by the POTW Superintendent, sampling manholes shall be Superintendent, sampling manholes shall be installed and meet the criteria as follows:installed and meet the criteria as follows:


(1) (1) Manholes shall be installed along a straight Manholes shall be installed along a straight section of sewer with no deflections, changes in section of sewer with no deflections, changes in grade, or drops through the manhole.grade, or drops through the manhole.

(2) Manholes shall be precast meeting requirements (2) Manholes shall be precast meeting requirements of ASTM C-478 with rubber gasket joints meeting of ASTM C-478 with rubber gasket joints meeting requirements of ASTM C-425. Manholes shall be requirements of ASTM C-425. Manholes shall be furnished with flexible rubber sleeves for pipe furnished with flexible rubber sleeves for pipe connections, “Press Wedge II,” “Lock Joint,” or connections, “Press Wedge II,” “Lock Joint,” or approved equal. approved equal.

(3) Steps shall be of an approved design, made of (3) Steps shall be of an approved design, made of cast iron, aluminum or plastic coated steel. Rungs cast iron, aluminum or plastic coated steel. Rungs shall be a minimum of 10” clear length, designed shall be a minimum of 10” clear length, designed to prevent the foot from slipping off the end and to prevent the foot from slipping off the end and capable of supporting 300 lbs.capable of supporting 300 lbs.


(4) All manhole frames and covers shall be Delhi Charter (4) All manhole frames and covers shall be Delhi Charter Township Standard East Jordan No. 1040, Type AGS, with Township Standard East Jordan No. 1040, Type AGS, with heavy duty solid covers and “Delhi Township Sanitary heavy duty solid covers and “Delhi Township Sanitary Sewer” cast into the surface. (e) Any temporary or Sewer” cast into the surface. (e) Any temporary or permanent obstruction for safe and easy access to the permanent obstruction for safe and easy access to the facility to be inspected and/or sampled shall be promptly facility to be inspected and/or sampled shall be promptly removed by the user at the verbal or written request of the removed by the user at the verbal or written request of the Township. The costs of clearing such access shall be born Township. The costs of clearing such access shall be born by the user. Nothing in this Section shall be construed to by the user. Nothing in this Section shall be construed to authorize the obstruction of access to a facility. authorize the obstruction of access to a facility.

(f) The location and complexity of the required control (f) The location and complexity of the required control structure or devices may vary with sampling requirements structure or devices may vary with sampling requirements determined necessary by the POTW Superintendent to determined necessary by the POTW Superintendent to protect the POTW and to comply with applicable laws and protect the POTW and to comply with applicable laws and regulations.regulations.


(g) (g) The required sampling structures and devices shall be The required sampling structures and devices shall be constructed and installed at the user’s sole expense in constructed and installed at the user’s sole expense in accordance with plans submitted to and approved by the accordance with plans submitted to and approved by the POTWPOTW, and in compliance with all applicable local , and in compliance with all applicable local construction standards and specifications. Construction construction standards and specifications. Construction shall be completed within 90 days following written shall be completed within 90 days following written notification by the POTW, or within such other shorter or notification by the POTW, or within such other shorter or longer time period specified by the POTW Superintendent longer time period specified by the POTW Superintendent as required by the particular circumstances to meet the as required by the particular circumstances to meet the requirements of this Ordinance. The structures and devices requirements of this Ordinance. The structures and devices shall be operated and maintained by the user at the user’s shall be operated and maintained by the user at the user’s sole expense so as to be safe and accessible to POTW sole expense so as to be safe and accessible to POTW personnel during all reasonable times and so as to provide personnel during all reasonable times and so as to provide accurate and representative monitoring data. If a user fails accurate and representative monitoring data. If a user fails to install or maintain a required structure or device, the to install or maintain a required structure or device, the Township may do so and charge the costs to the user.Township may do so and charge the costs to the user.


(h) The sampling structures and devices (h) The sampling structures and devices must be provided on the user’s premises as must be provided on the user’s premises as approved by the POTW, but the POTW approved by the POTW, but the POTW maymay, , if it determines that such a location would if it determines that such a location would be impractical or cause undue hardship to be impractical or cause undue hardship to the user, the user, allow the facility to be constructed allow the facility to be constructed in the public street or sidewalk area and in the public street or sidewalk area and located so that it will not be obstructed by located so that it will not be obstructed by landscaping or parked vehicles.landscaping or parked vehicles.


(i) Samples shall be taken at a control structure approved (i) Samples shall be taken at a control structure approved by the POTW. However, in the absence of a suitable control by the POTW. However, in the absence of a suitable control structure as required by this Section, samples shall be structure as required by this Section, samples shall be taken immediately downstream from pretreatment facilities taken immediately downstream from pretreatment facilities if pretreatment facilities exist, or immediately downstream if pretreatment facilities exist, or immediately downstream from the regulated process if no pretreatment facilities from the regulated process if no pretreatment facilities exist. If other wastewaters are mixed with a regulated exist. If other wastewaters are mixed with a regulated process wastestream prior to pretreatment, the user must process wastestream prior to pretreatment, the user must measure the flows and concentrations necessary to allow measure the flows and concentrations necessary to allow use of the combined wastestream formula under MAC R use of the combined wastestream formula under MAC R 323.2311(7) or other methods required by the POTW to 323.2311(7) or other methods required by the POTW to evaluate compliance with applicable pretreatment evaluate compliance with applicable pretreatment standards and requirements.standards and requirements.


(j) The review and approval of pretreatment (j) The review and approval of pretreatment facilities and operating procedures by the facilities and operating procedures by the Township shall in no way relieve a user from Township shall in no way relieve a user from meeting all applicable requirements or from meeting all applicable requirements or from the user’s responsibility to modify the the user’s responsibility to modify the facilities and procedures, at the user’s sole facilities and procedures, at the user’s sole expense, as necessary to produce a expense, as necessary to produce a discharge acceptable to the Township under discharge acceptable to the Township under the provisions of this Ordinance.the provisions of this Ordinance.

FeesFees

• 403.8 (f) (3)403.8 (f) (3)

EnforcementEnforcement

• Affirmative Defense 403.5 (a)(2)Affirmative Defense 403.5 (a)(2)– Administrative Enforcement RemediesAdministrative Enforcement Remedies

•Notification of ViolationNotification of Violation•Consent OrderConsent Order•Show Cause HearingShow Cause Hearing•Compliance OrderCompliance Order•Cease and Desist OrderCease and Desist Order•Administrative FinesAdministrative Fines•Emergency Suspension of ServiceEmergency Suspension of Service•Termination / Revocation of PermitTermination / Revocation of Permit

Enforcement continued….Enforcement continued….

• Judicial Remedies 403.8(f)(l)(vi)(A)Judicial Remedies 403.8(f)(l)(vi)(A)– Injunctive ReliefInjunctive Relief– Civil Penalties Civil Penalties – Criminal ProsecutionCriminal Prosecution– Falsifying Information 403.12(n)Falsifying Information 403.12(n)– Annual Publications 403.8(f)(2)(vii)Annual Publications 403.8(f)(2)(vii)– Definition of Significant Noncompliance Definition of Significant Noncompliance

403.8 (f)(2)(vii)(A)-(H)403.8 (f)(2)(vii)(A)-(H)

Municipal Civil InfractionsMunicipal Civil Infractions

(a) (a) Violation; Municipal Civil Infraction. Except as provided by Violation; Municipal Civil Infraction. Except as provided by Section 91, and notwithstanding any other provision of the Section 91, and notwithstanding any other provision of the Township’s laws, ordinances and regulations to the contrary, Township’s laws, ordinances and regulations to the contrary, a person who violates any provision of this Ordinance a person who violates any provision of this Ordinance (including, but not limited to, any notice, order, permit, (including, but not limited to, any notice, order, permit, decision or determination promulgated, issued or made by decision or determination promulgated, issued or made by the POTW under this Ordinance) is responsible for a the POTW under this Ordinance) is responsible for a municipal civil infraction, subject to payment of municipal civil infraction, subject to payment of a civil fine of a civil fine of not less than $1,000.00 per day for each infraction and not not less than $1,000.00 per day for each infraction and not more than $10,000.00 per day for each infraction, plus costs more than $10,000.00 per day for each infraction, plus costs and other sanctions. and other sanctions.

(b) (b) Repeat Offenses; Increased FinesRepeat Offenses; Increased Fines. Increased fines may be . Increased fines may be imposed for repeat offenses. As used in this Section, “repeat imposed for repeat offenses. As used in this Section, “repeat offense” means a second (or any subsequent) municipal civil offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of infraction violation of the same requirement or provision of this Ordinance (i) committed by a person within any 180-day this Ordinance (i) committed by a person within any 180-day period and (ii) for which the person admits responsibility or is period and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows:offense under this Ordinance shall be as follows:

Municipal Civil Infractions continued…Municipal Civil Infractions continued…

(1) The fine for any offense that is a first repeat offense shall be not (1) The fine for any offense that is a first repeat offense shall be not less than $2,500.00, plus costs. less than $2,500.00, plus costs.

(2) The fine for any offense that is a second repeat offense or any (2) The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000.00, plus costs. subsequent repeat offense shall be not less than $5,000.00, plus costs.

(c) Amount of Fines. Subject to the minimum fine amounts specified in (c) Amount of Fines. Subject to the minimum fine amounts specified in Sections 90(a) and (b), the following factors shall be considered by the Sections 90(a) and (b), the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a following the issuance of a municipal civil infraction citation for a violation of this Ordinance: the type, nature, severity, frequency, violation of this Ordinance: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator’s recalcitrance or efforts to advantage) of a violation; the violator’s recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.has made all good faith efforts to correct and terminate all violations.


(d) Authorized Township Official. (d) Authorized Township Official. Notwithstanding any other provision of the Notwithstanding any other provision of the Township’s laws, ordinances and Township’s laws, ordinances and regulations to the contrary, the following regulations to the contrary, the following persons are designated as the authorized persons are designated as the authorized Township officials to issue municipal civil Township officials to issue municipal civil infraction citations for violations of this infraction citations for violations of this Ordinance: the POTW Superintendent; any Ordinance: the POTW Superintendent; any other Township representative designated other Township representative designated by the POTW Superintendent or the by the POTW Superintendent or the Township Board; and any police officer.Township Board; and any police officer.


(e) Other Requirements and Procedures. Except as (e) Other Requirements and Procedures. Except as otherwise provided by this Section, the otherwise provided by this Section, the requirements and procedures for commencing requirements and procedures for commencing municipal civil infraction actions; issuance and municipal civil infraction actions; issuance and service of municipal civil infraction citations or service of municipal civil infraction citations or notices; determination and collection of court-notices; determination and collection of court-ordered fines, costs and expenses; appearances ordered fines, costs and expenses; appearances and payment of fines and costs; failure to answer, and payment of fines and costs; failure to answer, appear or pay fines; disposition of fines, costs and appear or pay fines; disposition of fines, costs and expenses paid; and other matters regarding expenses paid; and other matters regarding municipal civil infractions shall be as set forth in municipal civil infractions shall be as set forth in Act No. 236 of the Public Acts of 1961, as Act No. 236 of the Public Acts of 1961, as amended.amended.

Affirmative DefensesAffirmative Defenses

• Upset - 403.16Upset - 403.16

• Bypass – 403.17Bypass – 403.17

Miscellaneous ProvisionsMiscellaneous Provisions

• SeverabilitySeverability

• ConflictConflict

• Record-Keeping Requirements Record-Keeping Requirements 403.12 (o)403.12 (o)

• Net / Gross Calculation 403.15Net / Gross Calculation 403.15

POTW’S RIGHT TO REFUSE OR CONDITION POTW’S RIGHT TO REFUSE OR CONDITION DISCHARGE;DISCHARGE;POLLUTANT REDUCTION PLANS; BEST POLLUTANT REDUCTION PLANS; BEST MANAGEMENTMANAGEMENTPRACTICES.PRACTICES.

(b) Pollutant Reduction Plans. If determined necessary by (b) Pollutant Reduction Plans. If determined necessary by the POTW Superintendent to prevent interference or pass the POTW Superintendent to prevent interference or pass through, to protect the POTW, to comply with applicable through, to protect the POTW, to comply with applicable federal or state laws or regulations, to comply with the federal or state laws or regulations, to comply with the POTW’s NPDES permit, or to otherwise meet the purposes POTW’s NPDES permit, or to otherwise meet the purposes and objectives of this Ordinance, and objectives of this Ordinance, any user determined byany user determined by the POTW Superintendent to have a reasonable potential to the POTW Superintendent to have a reasonable potential to discharge any regulated pollutant (including, but not limited discharge any regulated pollutant (including, but not limited to, mercury or PCBs) to the POTW may be required to to, mercury or PCBs) to the POTW may be required to develop, submit for approval, and implement a Reduction develop, submit for approval, and implement a Reduction PlanPlan (“RP”) for the pollutant, as provided by this Section. (“RP”) for the pollutant, as provided by this Section. The RP may be imposed as a condition to a Wastewater The RP may be imposed as a condition to a Wastewater Discharge Permit, or may be required independently by Discharge Permit, or may be required independently by Order of the Superintendent and even if a Wastewater Order of the Superintendent and even if a Wastewater Discharge Permit has not been issued to the user.Discharge Permit has not been issued to the user.

POTW’S RIGHT TO REFUSE OR CONDITION POTW’S RIGHT TO REFUSE OR CONDITION DISCHARGE;DISCHARGE;POLLUTANT REDUCTION PLANS; BEST POLLUTANT REDUCTION PLANS; BEST MANAGEMENTMANAGEMENTPRACTICES continued….PRACTICES continued….

1) At a minimum, the RP shall contain such requirements 1) At a minimum, the RP shall contain such requirements and conditions, as determined necessary by the POTW and conditions, as determined necessary by the POTW Superintendent to ensure that the pollutant reduction Superintendent to ensure that the pollutant reduction efforts will be effective in achieving the goals of this efforts will be effective in achieving the goals of this Ordinance (including, but not limited to, requirements and Ordinance (including, but not limited to, requirements and conditions regarding user source identification; best conditions regarding user source identification; best management practices; schedules of compliance; management practices; schedules of compliance; monitoring, sampling and analysis; reporting; treatment monitoring, sampling and analysis; reporting; treatment system for removal of the pollutant from the discharged system for removal of the pollutant from the discharged wastewater; written procedures for disposal of wastewater; written procedures for disposal of contaminated wastes and wastewater; employee training, contaminated wastes and wastewater; employee training, and on-going employee training requirements regarding and on-going employee training requirements regarding pollutant related issues; elimination, if feasible, of any pollutant related issues; elimination, if feasible, of any purchased materials containing the pollutant; and any other purchased materials containing the pollutant; and any other elements determined necessary and appropriate under the elements determined necessary and appropriate under the circumstances by the POTW Superintendent).circumstances by the POTW Superintendent).


2) The goal of an RP shall be to maintain the 2) The goal of an RP shall be to maintain the amount of one or more pollutants or amount of one or more pollutants or substances at or below the applicable substances at or below the applicable discharge limits or levels, to minimize discharge limits or levels, to minimize discharge of a pollutant as much as possible, discharge of a pollutant as much as possible, or such other goals as required by the POTW. or such other goals as required by the POTW. The POTW Superintendent may, in the The POTW Superintendent may, in the Superintendent’s discretion, consider cost-Superintendent’s discretion, consider cost-effectiveness during the development and effectiveness during the development and implementation of an RP.implementation of an RP.


(3) The POTW Superintendent may require any user to submit an RP (3) The POTW Superintendent may require any user to submit an RP that describes the control strategy designed to proceed toward that describes the control strategy designed to proceed toward achievement of the specified goal and shall at a minimum include, but achievement of the specified goal and shall at a minimum include, but shall not be limited to, all of the following as determined necessary by shall not be limited to, all of the following as determined necessary by the POTW Superintendent on a case-by-case basis: (a) Periodic the POTW Superintendent on a case-by-case basis: (a) Periodic monitoring for the pollutant in the user’s discharge. (b) Periodic monitoring for the pollutant in the user’s discharge. (b) Periodic monitoring of the potential sources of the pollutant in the user’s monitoring of the potential sources of the pollutant in the user’s discharge. (c) discharge. (c) A commitment by the user that reasonable control A commitment by the user that reasonable control measures and/or best management practices will be implemented measures and/or best management practices will be implemented when sources of the pollutant are discovered.when sources of the pollutant are discovered. Factors to be Factors to be considered by the POTW may include the following: (i) Significance of considered by the POTW may include the following: (i) Significance of sources. (ii) Economic considerations. (iii) Technical and treatability sources. (ii) Economic considerations. (iii) Technical and treatability considerations. (iv) Such other factors as determined appropriate by considerations. (iv) Such other factors as determined appropriate by the POTW Superintendent. (d) An annual status report. The report the POTW Superintendent. (d) An annual status report. The report shall be sent by the user to the POTW and shall include, at a shall be sent by the user to the POTW and shall include, at a minimum, all of the following: (i) All RP monitoring results for the minimum, all of the following: (i) All RP monitoring results for the previous year. (ii) A list of potential sources of the pollutant in the previous year. (ii) A list of potential sources of the pollutant in the user’s discharge. (iii) A summary of all actions taken by the user to user’s discharge. (iii) A summary of all actions taken by the user to reduce or eliminate the identified sources of the pollutant or reduce or eliminate the identified sources of the pollutant or substance.substance.

POTW’S RIGHT TO REFUSE OR CONDITION POTW’S RIGHT TO REFUSE OR CONDITION DISCHARGE;DISCHARGE;POLLUTANT REDUCTION PLANS; BEST POLLUTANT REDUCTION PLANS; BEST MANAGEMENTMANAGEMENTPRACTICES continued….PRACTICES continued….(4) As determined necessary by the POTW (4) As determined necessary by the POTW

Superintendent, the Superintendent may Superintendent, the Superintendent may require a user to develop, submit and require a user to develop, submit and implement an RP for any pollutant or implement an RP for any pollutant or substance regulated by this Ordinance. substance regulated by this Ordinance.

(5) Failure to submit an approvable RP (5) Failure to submit an approvable RP within the specified deadlines or to fully within the specified deadlines or to fully and timely comply with any condition or and timely comply with any condition or requirement of an approved RP shall requirement of an approved RP shall constitute a violation of this Ordinance, constitute a violation of this Ordinance, subject to the fine, penalty, and other subject to the fine, penalty, and other enforcement provisions of this Ordinance.enforcement provisions of this Ordinance.


(6) Holding enforcement action in abeyance. (6) Holding enforcement action in abeyance. If the effluent sample analysis results of a If the effluent sample analysis results of a user’s discharge exceeds the applicable user’s discharge exceeds the applicable discharge limit, detection level, or discharge limit, detection level, or quantification level for a pollutant, the POTW quantification level for a pollutant, the POTW Superintendent may, in the POTW Superintendent may, in the POTW Superintendent’s sole discretion, nevertheless Superintendent’s sole discretion, nevertheless allow that discharge to continue and may hold allow that discharge to continue and may hold any enforcement action regarding the any enforcement action regarding the prohibited discharge in abeyance, subject to prohibited discharge in abeyance, subject to the terms, conditions, and requirements of the terms, conditions, and requirements of this subsection 19(c)(6), as follows:this subsection 19(c)(6), as follows:


(a) If an approved RP is already in place: If effluent sample (a) If an approved RP is already in place: If effluent sample analysis results exceeds the applicable discharge limit, analysis results exceeds the applicable discharge limit, detection level, or quantification level for a pollutant for detection level, or quantification level for a pollutant for which an approved RP is already in place, then the POTW which an approved RP is already in place, then the POTW Superintendent may, in the POTW Superintendent’s sole Superintendent may, in the POTW Superintendent’s sole discretion, nevertheless allow that discharge to continue discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the and may hold any enforcement action regarding the prohibited discharge in abeyance for the period that the prohibited discharge in abeyance for the period that the sample represents if the RP (and all terms, conditions and sample represents if the RP (and all terms, conditions and requirements thereof) is being fully and continually requirements thereof) is being fully and continually performed in good faith by the user, as determined by the performed in good faith by the user, as determined by the POTW Superintendent, and subject to all of the POTW Superintendent, and subject to all of the requirements and conditions of subsection 19(c)(6)(c).requirements and conditions of subsection 19(c)(6)(c).

POTW’S RIGHT TO REFUSE OR CONDITION POTW’S RIGHT TO REFUSE OR CONDITION DISCHARGE;DISCHARGE;POLLUTANT REDUCTION PLANS; BEST POLLUTANT REDUCTION PLANS; BEST MANAGEMENTMANAGEMENTPRACTICES continued…PRACTICES continued…

(b) If an approved RP is not already in place: If effluent (b) If an approved RP is not already in place: If effluent sample analysis results exceeds the applicable discharge sample analysis results exceeds the applicable discharge limit, detection level, or quantification level for a pollutant limit, detection level, or quantification level for a pollutant for which an approved RP is not already in place, then the for which an approved RP is not already in place, then the POTW Superintendent may, in the POTW Superintendent’s POTW Superintendent may, in the POTW Superintendent’s sole discretion, nevertheless allow that discharge to sole discretion, nevertheless allow that discharge to continue and may hold any enforcement regarding the continue and may hold any enforcement regarding the prohibited discharge in abeyance, subject to all of the prohibited discharge in abeyance, subject to all of the requirements and conditions of subsection 19(c)(6)(c), and requirements and conditions of subsection 19(c)(6)(c), and provided further as follows: The user with the noncompliant provided further as follows: The user with the noncompliant discharge shall develop and implement an RP approved by discharge shall develop and implement an RP approved by the POTW Superintendent to minimize the user’s discharges the POTW Superintendent to minimize the user’s discharges of the pollutant in question to the POTW. The RP shall meet of the pollutant in question to the POTW. The RP shall meet all of the requirements of this Section 6.1(C).all of the requirements of this Section 6.1(C).


(c) The following requirements and conditions shall apply to (c) The following requirements and conditions shall apply to any situation under this subsection 19(c)(6) in which an any situation under this subsection 19(c)(6) in which an enforcement action is held in abeyance as provided by this enforcement action is held in abeyance as provided by this subsection (regardless of whether or not an RP was in place subsection (regardless of whether or not an RP was in place at the time of the non-compliance): (i) The user with the non-at the time of the non-compliance): (i) The user with the non-compliant discharge shall have a POTW-accessible point for compliant discharge shall have a POTW-accessible point for monitoring all discharges from the user to the POTW. All costs monitoring all discharges from the user to the POTW. All costs and expenses for and related to the installation and and expenses for and related to the installation and maintenance of this monitoring point and any required maintenance of this monitoring point and any required sampling devices shall be paid for solely by the user. (ii) The sampling devices shall be paid for solely by the user. (ii) The user with the non-compliant discharge shall routinely self-user with the non-compliant discharge shall routinely self-monitor its discharges to the POTW for the pollutant in monitor its discharges to the POTW for the pollutant in question using the sampling methods, procedures, question using the sampling methods, procedures, preservation and handling, and analytical protocol required preservation and handling, and analytical protocol required by the POTW Superintendent and at the frequency specified by the POTW Superintendent and at the frequency specified by the POTW Superintendent. All costs and expenses of this by the POTW Superintendent. All costs and expenses of this sampling and analysis shall be paid for solely by the user.sampling and analysis shall be paid for solely by the user.


iii) The POTW may collect any additional samples of iii) The POTW may collect any additional samples of the user’s discharge as determined necessary by the user’s discharge as determined necessary by the POTW Superintendent, all costs and expenses the POTW Superintendent, all costs and expenses to be paid for by the user. (iv) If the user complies to be paid for by the user. (iv) If the user complies with all of the requirements and conditions for the with all of the requirements and conditions for the RP as specified by the POTW Superintendent, and if RP as specified by the POTW Superintendent, and if the POTW Superintendent determines that all the POTW Superintendent determines that all reasonable and cost-effective actions based on the reasonable and cost-effective actions based on the economic, technical, and treatability economic, technical, and treatability considerations, including, but not limited to, all considerations, including, but not limited to, all elements of the user’s RP, have been, and continue elements of the user’s RP, have been, and continue to be, fully and satisfactorily implemented by the to be, fully and satisfactorily implemented by the user, then the POTW may, in its discretion, hold user, then the POTW may, in its discretion, hold enforcement action in abeyance and allow the user enforcement action in abeyance and allow the user to continue the non-compliant discharge.to continue the non-compliant discharge.


(v) Notwithstanding any provision of this subsection 19(c)(v) Notwithstanding any provision of this subsection 19(c)(6) to the contrary, and regardless of whether a user fully (6) to the contrary, and regardless of whether a user fully complies with all requirements and conditions of this complies with all requirements and conditions of this Section and/or of an approved RP, the POTW Section and/or of an approved RP, the POTW Superintendent shall have the unconditional right to Superintendent shall have the unconditional right to prohibit and terminate any non-compliant discharge at any prohibit and terminate any non-compliant discharge at any time and without prior notice, and to take any enforcement time and without prior notice, and to take any enforcement action in response thereto, including any enforcement action in response thereto, including any enforcement action that had previously been held in abeyance under this action that had previously been held in abeyance under this subsection 19(c)(6). (vi) Notwithstanding any provision of subsection 19(c)(6). (vi) Notwithstanding any provision of this subsection 19(c)(6) to the contrary, the POTW this subsection 19(c)(6) to the contrary, the POTW Superintendent shall not hold an enforcement action in Superintendent shall not hold an enforcement action in abeyance as provided by this subsection unless the POTW abeyance as provided by this subsection unless the POTW Superintendent has first obtained approval from the MDEQ Superintendent has first obtained approval from the MDEQ to do so for the specific pollutant parameter in question; to do so for the specific pollutant parameter in question; provided that such prior approval shall not be required for provided that such prior approval shall not be required for discharges of mercury or PCBs.discharges of mercury or PCBs.

Best Management Practices (BMPs)Best Management Practices (BMPs)

(1) The POTW Superintendent may require any user to develop (1) The POTW Superintendent may require any user to develop and implement Best Management Practices to control, and implement Best Management Practices to control, contain, treat, prevent, or reduce the discharge of contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other substances from the user’s wastewater, pollutants or other substances from the user’s premises to the POTW, as determined necessary by the premises to the POTW, as determined necessary by the Superintendent. Superintendent.

(2) In addition, the POTW Superintendent may require a user to (2) In addition, the POTW Superintendent may require a user to develop and submit a Best Management Practices Plan develop and submit a Best Management Practices Plan (“BMPP”), including an enforceable implementation schedule, (“BMPP”), including an enforceable implementation schedule, for review and approval by the Superintendent. The BMPP for review and approval by the Superintendent. The BMPP shall be submitted within 30 days after notification by the shall be submitted within 30 days after notification by the Superintendent or as otherwise required by a Wastewater Superintendent or as otherwise required by a Wastewater Discharge Permit or Order. The BMPP shall be directed at Discharge Permit or Order. The BMPP shall be directed at preventing the entrance of pollutants, directly or indirectly, preventing the entrance of pollutants, directly or indirectly, into the POTW. The BMPP shall be available for inspection at into the POTW. The BMPP shall be available for inspection at all times at the user’s premises. At a minimum, a user’s BMPP all times at the user’s premises. At a minimum, a user’s BMPP shall contain all of the following elements, as determined shall contain all of the following elements, as determined necessary by the POTW Superintendent, at a level of detail necessary by the POTW Superintendent, at a level of detail and in units and terms as determined necessary by the and in units and terms as determined necessary by the Superintendent to adequately evaluate the plan:Superintendent to adequately evaluate the plan:

Best Management Practices (BMPs) Best Management Practices (BMPs) continued….continued….

(a) A statement of the purpose and objectives of the (a) A statement of the purpose and objectives of the plan. plan.

(b) A description of the strategies, methods, policies (b) A description of the strategies, methods, policies and procedures to prevent, minimize or reduce and procedures to prevent, minimize or reduce the introduction of pollutants into the user’s the introduction of pollutants into the user’s discharge and to minimize waste generation. discharge and to minimize waste generation.

(c) A description of the options available to the user (c) A description of the options available to the user to control accidental spillage, leaks and drainage. to control accidental spillage, leaks and drainage.

(d) A description of best available or practicable (d) A description of best available or practicable control technologies available for the user’s control technologies available for the user’s specific circumstances. specific circumstances.

(e) A detailed facility layout and site diagram (e) A detailed facility layout and site diagram showing points of entry into the POTW.showing points of entry into the POTW.

Best Management Practices (BMPs) Best Management Practices (BMPs) continued…continued…

(f) A description of the waste handling, treatment and discharge (f) A description of the waste handling, treatment and discharge disposal facilities, including flow diagrams and process schematics.disposal facilities, including flow diagrams and process schematics.(g) A description of operating and maintenance processes and (g) A description of operating and maintenance processes and procedures. procedures. (h) Inventory of raw materials and a list of waste sources, including (h) Inventory of raw materials and a list of waste sources, including a list of all chemicals used or stored at the facility.a list of all chemicals used or stored at the facility.(i) A description of employee training programs, policies and (i) A description of employee training programs, policies and procedures; continuing education programs; and participation.procedures; continuing education programs; and participation.(j) A description of documentation, including record keeping and (j) A description of documentation, including record keeping and forms.forms.(k) A description of monitoring activities. (k) A description of monitoring activities. (l) Information log of facility personnel, organization chart, (l) Information log of facility personnel, organization chart, emergency phone numbers, contact persons and maintenance or emergency phone numbers, contact persons and maintenance or service representatives. service representatives. (m) Certification by a qualified professional that the plan is (m) Certification by a qualified professional that the plan is adequate to prevent spills, leaks, slug loads, or non-customary adequate to prevent spills, leaks, slug loads, or non-customary discharges of regulated substances, directly or indirectly, to the discharges of regulated substances, directly or indirectly, to the POTW.POTW.(n) Such other information, documents or diagrams as required by (n) Such other information, documents or diagrams as required by the POTW Superintendent, including, but not limited to, any of the the POTW Superintendent, including, but not limited to, any of the information required under Section 27 of this Ordinance.information required under Section 27 of this Ordinance.


(3) The BMPs or BMPP required of a user or (3) The BMPs or BMPP required of a user or approved for a user may be incorporated approved for a user may be incorporated in a Wastewater Discharge Permit issued in a Wastewater Discharge Permit issued to the user. If the user already has a to the user. If the user already has a Wastewater Discharge Permit, the existing Wastewater Discharge Permit, the existing permit may be modified to incorporate the permit may be modified to incorporate the BMP requirements. If the user does not BMP requirements. If the user does not currently have a Wastewater Discharge currently have a Wastewater Discharge Permit, a permit may be issued for that Permit, a permit may be issued for that purpose. Alternatively, BMPs or a BMPP purpose. Alternatively, BMPs or a BMPP may be required of a user independently may be required of a user independently by Order of the Superintendent and even if by Order of the Superintendent and even if a Wastewater Discharge Permit has not a Wastewater Discharge Permit has not been issued to the userbeen issued to the user


(4) The POTW Superintendent may require (4) The POTW Superintendent may require revisions to users BMPP if the Superintendent revisions to users BMPP if the Superintendent determines that the plan contains elements determines that the plan contains elements that are inadequate, or as otherwise that are inadequate, or as otherwise determined necessary by the Superintendent determined necessary by the Superintendent to ensure compliance with applicable to ensure compliance with applicable requirements of this Ordinance. Review of a requirements of this Ordinance. Review of a BMPP by the Superintendent shall not relieve BMPP by the Superintendent shall not relieve the user from the responsibility to modify its the user from the responsibility to modify its facility as necessary to comply with local, facility as necessary to comply with local, state and federal laws and regulations.state and federal laws and regulations.

Fats, Oils & GreaseFats, Oils & Grease(a) Interceptors or grease traps required(a) Interceptors or grease traps required

(1)(1) Grease interceptors/traps shall be provided and maintained in Grease interceptors/traps shall be provided and maintained in proper operating condition at all times at the expense of the proper operating condition at all times at the expense of the property owner for the proper handling of liquid waste containing property owner for the proper handling of liquid waste containing grease. Grease interceptors/traps shall be required for all food grease. Grease interceptors/traps shall be required for all food service establishments and may be required for other users as service establishments and may be required for other users as determined necessary by the POTW Superintendent. Grease determined necessary by the POTW Superintendent. Grease interceptors/traps shall be sized, constructed, and installed as interceptors/traps shall be sized, constructed, and installed as required by the Township’s specifications and subject to the POTW required by the Township’s specifications and subject to the POTW Superintendent’s approval. At a minimum, grease interceptors/traps Superintendent’s approval. At a minimum, grease interceptors/traps shall be cleaned and maintained per the manufacturer’s shall be cleaned and maintained per the manufacturer’s specifications and as provided by this Section at the property specifications and as provided by this Section at the property owner’s expense. owner’s expense.

(2)(2) Oil and sand interceptors/traps may be required in any Oil and sand interceptors/traps may be required in any establishment where sand, oil, and flammable wastes or other establishment where sand, oil, and flammable wastes or other harmful ingredients could enter the wastewater. If a plug or backup harmful ingredients could enter the wastewater. If a plug or backup occurs and is directly caused by sand and/or oil, the POTW occurs and is directly caused by sand and/or oil, the POTW Superintendent may require that establishment to install an oil and Superintendent may require that establishment to install an oil and sand interceptor/trap. Oil and sand interceptors/traps are required sand interceptor/trap. Oil and sand interceptors/traps are required for establishments engaged in the washing of motor vehicles.for establishments engaged in the washing of motor vehicles.

Interceptors or grease traps required Interceptors or grease traps required continued…continued…

(3)(3) All interceptors/traps shall be of a type and capacity All interceptors/traps shall be of a type and capacity approved by the Township and shall be located as to be approved by the Township and shall be located as to be readily and easily accessible for cleaning and inspection. readily and easily accessible for cleaning and inspection. Grease, oil and sand interceptors shall be constructed of Grease, oil and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of extreme changes in temperature. They shall be of substantial construction, watertight and equipped with substantial construction, watertight and equipped with easily removable covers which, when bolted into place, easily removable covers which, when bolted into place, shall be gas tight and watertight. shall be gas tight and watertight. Grease interceptors shall Grease interceptors shall provide a minimum capacity of 750 gallons.provide a minimum capacity of 750 gallons.

(4)(4) Where installed, all grease, oil and sand interceptors/traps Where installed, all grease, oil and sand interceptors/traps shall be cleaned and maintained by the owner, at the shall be cleaned and maintained by the owner, at the owner’s sole expense, and shall be kept in continuously owner’s sole expense, and shall be kept in continuously efficient operation at all times. At a minimum, efficient operation at all times. At a minimum, any user any user required to install an interceptor shall comply with the required to install an interceptor shall comply with the best management practices as provided by Section 23(b).best management practices as provided by Section 23(b).

Fats, Oils & Grease continued…Fats, Oils & Grease continued…(b) Best management practices (“BMPs”)(b) Best management practices (“BMPs”)

(1)(1) Any user required to install and maintain an interceptor Any user required to install and maintain an interceptor (trap) of any kind shall develop and carry out a system (trap) of any kind shall develop and carry out a system of maintenance and clean out of such device(s) and of maintenance and clean out of such device(s) and shall document and keep: a. A maintenance schedule; shall document and keep: a. A maintenance schedule; b. The identity of the person(s) who cleaned and b. The identity of the person(s) who cleaned and maintained the interceptor; c. The method and location maintained the interceptor; c. The method and location of grease, oil and sand disposal.of grease, oil and sand disposal.

(2)(2) Any problems with or damage to an interceptor/trap Any problems with or damage to an interceptor/trap shall be reported immediately to the owner and the shall be reported immediately to the owner and the POTW Superintendent.POTW Superintendent.

(3)(3) Any damage to an interceptor/trap shall be Any damage to an interceptor/trap shall be immediately repaired. immediately repaired.

(4)(4) No interceptor/trap clean out material shall be No interceptor/trap clean out material shall be discharged into a sewer. discharged into a sewer.

(5)(5) No bacteria or enzyme products shall be used in the No bacteria or enzyme products shall be used in the maintenance of interceptor/traps.maintenance of interceptor/traps.

Fats, Oils & Grease BMPs continued…Fats, Oils & Grease BMPs continued…(6) All users shall implement BMPs for grease management (6) All users shall implement BMPs for grease management to minimize the discharge of food grease to the POTW.to minimize the discharge of food grease to the POTW.

(7) Specific BMPs for grease interceptors/traps. All users (7) Specific BMPs for grease interceptors/traps. All users required to install and maintain grease interceptors (traps) required to install and maintain grease interceptors (traps) shall comply with the following minimum requirements: shall comply with the following minimum requirements:

a. Under sink grease traps shall be cleaned weekly. a. Under sink grease traps shall be cleaned weekly.

b. Clean outs of all other interceptor/traps shall be b. Clean outs of all other interceptor/traps shall be scheduled such that the interceptor/trap does not exceed scheduled such that the interceptor/trap does not exceed 25% solids content (including both the top and bottom 25% solids content (including both the top and bottom layers of solids) and there is no visible discharge of grease layers of solids) and there is no visible discharge of grease or oil. At a minimum, an interceptor/trap shall be cleaned or oil. At a minimum, an interceptor/trap shall be cleaned out at least once every 3 months. out at least once every 3 months.

c. The clean out shall be accomplished by pumping c. The clean out shall be accomplished by pumping to remove the entire grease mat, liquids, sludges, and to remove the entire grease mat, liquids, sludges, and solids from screens, baffles, air-relief chambers, and wash solids from screens, baffles, air-relief chambers, and wash down of interior walls. The interceptor/trap shall be refilled down of interior walls. The interceptor/trap shall be refilled with clear water before being returned to service.with clear water before being returned to service.

Fats, Oils & Grease BMPs continued…Fats, Oils & Grease BMPs continued…d. The user shall witness all clean out and maintenance of d. The user shall witness all clean out and maintenance of

interceptor/traps. interceptor/traps.

(c) The documentation required by this Section shall be (c) The documentation required by this Section shall be available for review by the POTW and copies shall be available for review by the POTW and copies shall be provided to the POTW upon request.provided to the POTW upon request.

(d) The POTW shall have the right to inspect a (d) The POTW shall have the right to inspect a restaurant (or other establishment where an restaurant (or other establishment where an interceptor/trap is required) at any time for any interceptor/trap is required) at any time for any reason. reason.

(e) The failure of a restaurant (or other establishment (e) The failure of a restaurant (or other establishment where an interceptor/trap is required) to comply with where an interceptor/trap is required) to comply with this Section may subject the violator to enforcement this Section may subject the violator to enforcement action and the remedies as may be available by law action and the remedies as may be available by law and the terms of this Ordinance.and the terms of this Ordinance.

(f) If a user fails to provide or maintain a required (f) If a user fails to provide or maintain a required interceptor/trap, the Township may do so (or cause interceptor/trap, the Township may do so (or cause the same to be done) and charge the costs to the the same to be done) and charge the costs to the user.user.

Building Sewer Regulations and Permit Building Sewer Regulations and Permit RequirementsRequirements

• Sampling ManholesSampling Manholes– RequiredRequired on site plans before approval on site plans before approval

• A separate and independent sewer lead A separate and independent sewer lead shall be provided for every parcel from shall be provided for every parcel from which sanitary sewage originates. which sanitary sewage originates. Independent building sewers or Independent building sewers or control control manholes may also be required for separate manholes may also be required for separate buildings on a parcelbuildings on a parcel and/or separate uses and/or separate uses within a building, as determined necessary within a building, as determined necessary by the POTW Superintendent.by the POTW Superintendent.

Construction RequirementsConstruction Requirements

• Floor drains and facilities discharging or Floor drains and facilities discharging or with the potential to discharge other than with the potential to discharge other than clean stormwater shall be connected to clean stormwater shall be connected to the sanitary sewer.the sanitary sewer.

• Where required by the Township, a user Where required by the Township, a user shall install a grease or combination shall install a grease or combination sand/oil/grease trap. The design of the sand/oil/grease trap. The design of the trap shall be submitted to the POTW trap shall be submitted to the POTW Superintendent for review and approval.Superintendent for review and approval.

Contractor RequirementsContractor Requirements

• No person shall connect roof No person shall connect roof downspouts, foundation drains, area-downspouts, foundation drains, area-way drains, swimming pool drains or way drains, swimming pool drains or any sources of surface or ground any sources of surface or ground water to a building sewer which is, in water to a building sewer which is, in turn, connected to the POTW.turn, connected to the POTW.

Owners CovenantOwners Covenant

• Multiple Suites in buildingMultiple Suites in building

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Documents

nondomestic waste

non domestic waste

normal strength domestic

potw superintendent

domestic waste flow

nondomestic user

non domestic user

introduction of waste