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HomeMy WebLinkAboutResolutions - 1986.05.08 - 10759,c4.4 May 8, 1986- Miscellaneous Resolution 4 86128 BY: PLANNING & BUILDING Ms. Anne Hobart, Chairperson IN RE: SEWER, WATER AND SOLID WASTE - Wastewater Disposal Standards and Regulations for the City of Wixom Sewage Disposal System TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the General Pretreatment Regulations for Existing and New Sources (40 CFR Parts 125 and 403), as amended, and Michigan Water Resources Commission Part 21 Rules (R323.2162) requires that each municipality permitted through the National Pollution Discharge Elimination System to discharge treated sanitary sewage to a surface water course shall adopt an Industrial Pretreatment Program, which conform with applicable statutes and regulations of the United States; and WHEREAS, Standards and Regulations for the above system have been drafted by Oakland County; and WHEREAS, the Michigan Department of Natural Resources by letter dated March 7, 1986, found that the proposed regulations of the County of Oakland do meet the requirements of the General Pretreat- ment Regulations and Michigan Water Resources Commission Rules and relevant statutes and regulations enacted pursuant thereto. NOW, THEREFORE, BE IT RESOLVED, by the Oakland County Board of Commissioners that the Wastewater Disposal Standards and Regu- lations for the City of Wixom Sewage Disposal System dated November, 1985, are hereby approved. Mr. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE /14 114FROHYAPi7ROVETHFOREGOINGRESOLUTION 1e T..C.06 ty< Execut ive Date WASTEWATER DISPOSAL STANDARDS AND REGULATIONS for the CITY OF WIXOM SEWAGE DISPOSAL SYSTEM of the COUNTY OF OAKLAND, MICHIGAN November 1985 Prepared by: DONALD W. RINGLER, MANAGER SEWER, WATER AND SOLID WASTE DIVISION OAKLAND COUNTY, MICHIGAN PREAMBLE TO REGULATIONS IT IS THE PURPOSE OF THESE REGULATIONS TO PROTECT THE PUBLIC HEALTH AND SAFETY AND TO ENABLE THE COUNTY OF OAKLAND AND THE CITY OF WIXOM CON- TRACTING WITH SAID COUNTY FOR WASTEWATER DISPOSAL SERVICES TO COMPLY WITH THE REQUIREMETNS OF APPLICBALE STATE AND FEDERAL LAWS, INCLUDING THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972 (PUBLIC LAW 92-500, AS AMENDED: STATE OF MICHIGAN ACT 245 OF 1929, AS. AMENDED: AND THE APPLICABLE RULES AND REGU- LATIONS PERTAINING TO SAID ACTS: AND THE REQUIREMENTS OF APPLICABLE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS. FURTHER, THESE REGULATIONS ARE INTENDED TO ENABLE THE PARTIES TO COMPLY WITH STATE OF MICHIGAN ACT 185 OF 1957. SAID REGULATIONS SHALL GOVERN THE DESIGN, CONSTRUCTION AND USE OF WASTEWATER FACILITIES UNDER THE JURISDICTION OF THE COUNTY OF OAKLAND, ENUMERATING THE PERMIT REQUIREMENTS FOR TAPPING INTO COUNTY WASTEWATER FACILITIES, FOR ALTERING EXISTING COUNTY WASTEWATER FACILITIES, FOR PUMPING STATIONS AND FOR INDUSTRIAL CONNECTIONS TO PUBLIC SEWERS: AND THE AUTHORITY OF THE COUNTY'S INSPECTORS IN THE COUNTY OF OAKLAND, STATE OF MICHIGAN: AND TO PROVIDE A POLICY FOR RATES FOR WASTEWATER DISPOSAL SERVICE. THIS REGULATION SHALL APPLY TO THE CITY OF WIXOM AND TO PERSONS OUTSIDE THE CITY WHO ARE, BY CONTRACT OR AGREEMENT WITH THE CITY, USERS OF THE PUBLICLY OWNED TREATMENT WORKS. TABLE Of CONTENTS ARTICLE I Definitions ARTICLE II Oakland County Department of Public Works General Regulations ARTICLE III Authority of Inspectors and Protection of Omer ARTICLE IV Discharge of Wastewaters into Public Sewers ARTICLE V Discharge of Industrial or Commercial Wastes into Public Sewers ARTICLE VI Separability Clause ABBREVIATIONS The following abbreviations shall have the designated meanings : DOD Biochemical Oxygen Demand CFR Code of Federal Regulations EPA Environmental Protection Agency Li ter MDNR Michigan Department of Natural Resources MG Milligrams MG/L Milligrams per Liter NPDES National Pollutant Discharge Elimination System PUN Publicly Cwned Treatment Works, e.g. Wastewater System SIC Standard Industrial Classification SS Suspended Sol ids SWIM Sol id Waste Di sposal Act 42 UCS 6901, et seq. TSS Total Suspended Solid USC United States Code ARTICLE I Definitions When used in these regulations, the following terms shall have the meanings described in this Article unless the context specifically indicates a different meaning; "Act" or "The Act" shall mean the Federal Water Pollution Control Act PL. 92-500, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, Et Seq. "Approval Authority" shall refer to the Michigan Department of Natural Resources or the Environmental Protection Agency. "As-Built Plans" shall mean engineering drawings prepared after instal- lations of wastewater facilities which shall show a statement by a regis- tered engineer or surveyor certifying this to be "as-built plans" and shall include, but not be limtied to, length of sewer, invert elevation, locations with respect to property lines, wye and riser locations and depths, sewer material and joints used, and mechanical, electrical and structural details for pump stations, wastewater treatment facilities and other appurtenances. "Authorized Representative of Industrial User" shall refer to (1) a corporate officer, if the industrial user is a corporation; (2) a general partner or proprietor if the industrial users is a partnership or proprietor- ship, respectively; (3) or a duly authorized representative of the individual designated in either of the above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates or is the identified corporate, partnership or proprietorship representative for responding to such discharge inquiries or actions. "Biochemical Oxygen Demand (BUD)" shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centrigrade expressed in terms of weight and concentration (milligrams per liter (MG/L), as measured by standard methods. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the build- ing sewer (house sewer). The latter begins five feet outside the inner face of the building wall. "Building Sewer" shall mean the extension from the building drain that connects the building in which sanitary sewage originates to the public sewer or other place of disposal and conveys the sewage of but one building. "Categorical Standards' shall refer to National Categorical Pretreatment Standards or a pretreatment standard as promulgated under authority of the Act, 40 CFR 403. "City". The City of Wixom, Michigan or the City Council of Wixom. "Commercial User" shall mean all non-domestic sources of indirect discharge other than industrial users, as defined herein including but not limited to the following: A publicly or privately owned facility where persons are engaged in the exchange or sale of goods or services, hospitals, retail establishments, schools and facilities operated by local and State governments. "Composite Sample" shall mean a series of grab samples of equal volume taken over a specified time period with no regard to the flow in the waste stream which are combined into one sample. "Control Manhole" shall mean a suitable manhole together with such necessary meters, inFluding where appropriate, adequate power source, and other appurtenances, to facilitate observation, sampling and measurement of wastewater to be constructed in accordance with plans approved by the County's Engineering personnel. "County" shall mean County of Oakland, State of Michigan. "County Agency" shall mean the Oakland County Department of Public Works. "Critical Materials" shall mean the organic and inorganic substances, elements or compounds, listed in the register compiled by the Water Resources Commission of the Department of Natural Resources of the State of Michigan. "Dwelling" shall mean any structure designed for year around habitation including but not limited to houses, mobile homes, apartment buildings, condominiums and townhouses. "Environmental Protection Agency" or "EPA" shall mean the U. S. Enviro- mental Protection Agency or where appropriate the term may also be used as a designation for the administrator or other authorized official of said agency. "Foot ing Drain" shall mean a pipe or conduit which is placed around the perimeter of a building foundaton and which intentionally admits ground water. "Garbage" shall mean the animal and vegetable waste resulting from the handling , preparation, cooking, and serving of foods. It is composed largely of putrescible organic matter and its natural moisture content. Properly Shredded Garbage - The wastes from the preparation, cooking and dispensing at food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (112) inch (1.27 centimeters) in any dimension. "General Specifications" shall mean the current edition of standard material and construction requirements of the County of Oakland. "Grab Sample" shall mean a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time or variation in constituent composition. 1-2 "Ground Water" shall mean subsurface water occupying the saturation zone,--TFom which wells and springs are fed. In a strict sense the term applies rnly to water below the water table. "Industrial User" shall mean a source of discharge under regulations issued pursuant to Section 402 of the Act, (33 USC 1342), which source originates from, but is not limited to, facilities engaged in industry, manufacturing, business, trade or research, including the develoment, re- covery or processing of natural resources. "Industrial Waste" shall mean any liquid, solid or gaseous waste or form of energy or combinaton thereof resulting from any process of industry, manufacturing, business, trade or research including the development, re- covery or processing of natural resources. "Infiltration" shall mean water other than wastewater that enters a sewerage system {including building sewer connections) from •the ground through such means as defective pipes, pipe joints, connections or manholes. "Inflow" shall mean water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof lead- ers, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, surface runoff, street wash waters, or drainage. Inflow does not include, and is distin- guished from, infiltration. "Interference" shall mean inhibitation or disruption of publicly owned sewer or a POTW's sewer system treatment processes or operations which contributes to a violation of any requirement of its NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accord- ance with Section 405 of the Act, or any criteria, guidelines or regulations developed pursuant to the Federal Solid Waste Disposal Act (SWDA), the Federal Clean Air Act, the Federal Toxic Substance Control Act, or more stringent state criteria applicable to the method of disposal or use employed by the POTW. "Local" shall mean a prefix denoting jurisdiction by a sub-county governmental subdivision. "New Source." Any source, the construction of which is commenced after the publication of proposed Regulations under Seciton 307(c)(33 U.S.C. 1317) Categorical Pretreatment Standards, which will be applicable to such source, if such standard is thereafter promulgated. "Normal Domestic Strength Wastewater" shall mean a sewage or other wastewater effluent which shall be a compatible pollutant with B.O.D. of 350 milligrams per liter or less, suspended solids of 400 milligrams per liter or less, total phosphorus of 12 milligrams per liter, or less, and fats, oil and greases of 100 milligrams per liter or less. "NPDES Permit" shall mean a permit issued pursuant to the National Pollutant Discharge Elimination System prescribed in PL 92-500. "Person" shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, unit of government, school district, or any other legal representative, agent or assigns. 1-3 "PH" shall mean the negative reciprocal of the logarithm of the hyrogen- ion c7)-TTEntraiton. The concentration ts the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ,ion concentration of,.107 .. "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological mater- ials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste dis- charged into water. "Private" shall mean a prefix denoting jurisdiction by a non-governmental entity. "Public" shall mean a prefix denoting jurisdiction by any governmental subdiViision or agency. "Public Sewer" shall mean a common sewer controlled by a governmental agency or public utility. "Schedule of Unit Assignment Factors" shall mean a schedule of factors equating the amount of sewage originating from various types of residential, institutional, commercial and industrial users to the amount of sewage normally originating from a single family dwelling of average size. Used for the purpose of assessing user charges, "Separate" shall mean a prefix denoting a wastewater transmission facility which is intended to transport sanitary wastewater only. "Service Area" shall include any area whose wastewater is received by the County of Oakland for treatment by the POTW. "Sewage" or "Wastewater" shall mean spent water which may be a combin- ation of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions, or other land uses, including drainage water inadvertently present in said waste. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water. See the following definitions modifying sewer. A. Building Sewer - in plumbing, the extension from the building drain to the public sewer or other place of disposal. Also called house connection. B, Combined Sewer - A sewer intended to receive both wastewater and storm or surface water. C. Common Sewer - A sewer in which all owners of abutting properties have equal rights. D. County Sewer - A public sewer controlled by the County Agency. E. Interceptor Sewer - A sewer that received dry-weather flow from a number of transverse sewers of outlets and frequently additional pre-determined quantities of storm water (if from a combined system), and conducts such waters to a point for treatment of disposal. "Shall" is mandatory; is permissive. "May" F. Lateral Sewer - A sewer which is designed to receive a bwilding sewer. G. Municipal Sewer - A public sewer exclusive of a county sewer. H. Public Sewer - A common sewer controlled by a governmental agency or public utility. I. Sanitary Sewer - A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally. J. Storm Sewer - A sewer that carries storm water and surface water, street wash and other wash waters, or drainage, but excludes domes- tic wastewater and industrial wastewater. Also called a storm drain. K. Trunk Sewer - A sewer which connects the lateral sewer to the inter- cepting sewer and to which building sewers may be connected. "Significant Industrial User." Any Industrial User of the wastewater disposal system who (i--) has a discharge flow of 25,000 gallons or more per average work day, or (ii) has a flow greater than 5% of the flow in the wastewater treatment system, or (iii) has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or (State) Statutes and rules or (iv) is found by the County, Michigan Department of Natural Resources or the U. S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. "Slug" shall mean any discharge of water, sewage or industrial waste which in concentration of any given regulated constituent or in quanity of flow, exceeds for any period of duration longer than 15 minutes, more than 5 times the average 24-hour concentration or flows during normal operation. "Standard Industrial Classification (SIC)" shall refer to a classifica- tion mace according to the standard industrial classification manual issued by the Executive Office of the President, Office of Management and Budget, 2977. "Standard Methods" shall mean the laboratory procedures set forth in the latest edition. At the Time of Analysis, of "Standard Methods for Examina- tion of Water and Wastewater," published by the American Public Health Association or methods given in 40 CFR 136, "Guidelines for Establishing Test Procedures For Analysis of Pollutants," Where these two references are in disagreement on procedures for the analysis of a specific pollutant, the methods given in 40 CFR 136 shall be followed. "Storm Water" shall mean the water running off from the surface of a drainage area during and immediately after a period of rain. "Surface Water" shall mean: J. All water on the surface, as distinguished from subterranean water. 2. Water appearing on the surface in a diffused state, with no perman- ent source of supply or regular course for any considerable time, as distinguished from water appearing in watercourses, lakes or ponds. 1-5 "Suspended Solids" shall mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids and which is removable by laboratory filtering as measured according to standard methods. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of the Clean Water Act, Section 307(A), 33 USC 1317, or included in the critical material register promulgated by the MDNR, or other acts. "Unpolluted Industrial Process Water" shall mean an industrial process water or cooling water which is compTetely compatible with applicable stream standards, excepting thermal limitations. "Upset Condition" shall mean an exceptional incident in which there is an unintentional and temporary noncompliance with applicable effluent stan- dards and criteria due to circumstances beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or im- proper operation. "Wastewater" shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and insti- tutions, together with any groundwater, surface water, and storm water that may be present. In recent years, the word "wastewater" has taken precedence over the word "sewage." See the following definitions modifying wastewater: A. Combined Wastewater - A mixture of storm water and other wastewater such as domestic or industrial wastewater. B. Domestic Wastewater - Wastewater derived principally from sanitary conveniences of dwellings, business buildings, institutions and the like. C. Industrial Wastewater - Wastewater from industrial and certain commercial operations as distinct from domestic wastewater. D. Sanitary Wastewater - A combination of domestic and industrial wastewaters together with allowable infiltration. "Wastewater Facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent, "Wastewater Transmission Facilities" shall mean all facilities for collecting transporting regu ating pumping and storing of wastewater. "Wastewater Treatment Works" shall mean: 1. An arrangmeent of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with waste treatment plant or wastewater treatment plant. 2. A water pollution control plant. ARTICLE II OAKLAND COUNTY DEPARTMENT OF PUBLIC WORKS COUNTY OF OAKLAND SEWAGE DISPOSAL SYSTEMS CITY OF WIXOM GENERAL REGULATIONS All sanitary sewer systems connected directly or indirectly into the City of Wixom Sewage Disposal System shall meet the following requirements: 1. Plans, Permits and Bonds (A) Prior to connection and prior to start of construciton, all sani- tary sewer systems shall have engineering plans and specifications prepared by a professional engineer and shall be approved by the Oakland County Department of Public Works. (B) A connection permit shall be obtained by the owner or contractor from the Oakland County Department of Public Works. Said connec- tion permit shall show the location of the work, the extent of the work, information regarding the contractor, the owner and the engineer, and any other pertinent information as shall be deter- mined necessary by the Department of Pubilc Works. A fee shall be charged for said permit to cover the cost of inspection of each connection, and to verify the result of the acceptance test. The permit fee shall be $100.00 for each connection plus $10.00 for each new manhole constructed. (C) Individual building sewers which are directly connected into the County sanitary sewer system shall conform to all applicable requirements of these regulations. A connection permit, for which a charge of $25.00 will be made by the Oakland County Department of Public Works, shall be obtained from the Department of Public Works before such connection is made. Prior to the issuance of such connection permit, the person obtaining such permit shall have obtained the written approval of the local unit of government. Connection shall be made in a workmanlike manner and in accordance with methods and procedures established by the Department of Public Works. The party to whom such a permit is issued shall be responsible for notifying the Department of Public Works 24 hours in advance of the date and time when such a connection is made so that proper inspection of same can be made by the department. (D) Prior to the adjustment, reconstruction, relocation or any other altering of the sewers of the County of Oakland including manhole structures, the Contractor or the person responsible for the work shall first obtain a permit to do such work from the Oakland County Department of Public Works. Said permit fee shall be deter- mined by the Department of Public Works. (E) Prior to construction and during the life of permits obtained in accordance with Paragraphs 1(B), 1(0) and 1(0) of these general regulations, all owners or contractors shall: (1) yearly furnish to the Oakland County Department of Public Works a satisfactory surety bond in the amount of five thousand dollars ($5,000.00) as security for the faithful performance of the work in accordance with the plans and specifications and Departmental Standards, and (2) yearly furnish to the Oakland County Department of Public Works a cash deposit in the amount of five hundred dollars ($500.00). Such deposit shall provide funds for emergency work and/or such other work as may be deemed necessary by the Oakland County Department of Public Works, arising as a result of construction by the owner or contractor. Such bonds shall not be cancelled by the owner, the contractor or the surety without first having given ten (1) days written notice to the Oakland County Department of Public Works. Cash deposits may be returned to the owner or contractor within ten (10) days of receipt of written request therefore, except that no deposits will be returned until such time as all outstanding permits have received final inspection and approval. In the event that it becomes necessary for the Oakland County Department of Public Works to expend funds for work arising as a result of construction by the owner or the contractor, then the cost of such work shall be deducted from the aforepentioned cash deposit. The owner or contractor shall have the right and opportunity to correct any deficiencies promptly before any deposit funds will be spent by the Oakland County Department of Public Works. The owner or contractor shall, within thirty (30) days of the mailing of written notice thereof, pay to the Oakland County Department of Pub ilc Works the entire amount of such cost. Failure to comply with these rules and regulations and the standards of the Oakland County Department of Public Works may result in the immediate termination of the surety and cash bonds. 2. Bulkhead The Contractor shall install a suitable bulkhead to prevent construction water, sand, silt, etc. from entering the existing sewer system. Such bulkhead shall be left in place until such time as removal is authorized by the Oakland County Department of Public Works. 3. Acceptance Test All sanitary sewer systems shall be subjected to infiltration, air, or exfiltration tests or a combination thereof in accordance with the following requirements prior to acceptance of the system by the Oakland County Department of Public Works and prior to removal of the bulkhead as required in Paragraph (2). All final acceptance tests shall be witnessed by the Oakland County Department of Public Works. (A) Infiltration Test All sewers over 24' diameter shall be subjected to infiltration tests. All sewers of 24" diameter or smaller where the ground water level above the top of the sewer is over 7 feet shall be subject to an infiltration test. Maximum allowable infiltration shall not exceed 200 gallons per inch of diameter per mile of pipe per 24 hours for the overall project. (B) Air Test or FxfiItration Test All sewers of 24 inch diameter or less, where the ground water level above the top of the sewer is 7 feet or less shall be sub- jected to air tests or exfiltration tests. For exfiltration tests, the internal water level shall be equal to the external water level plus seven (7) feet as measured from the top of pipe. The allowable exfiltration rate shall be the same as that permitted from infiltration. The procedure for air testing of sewers shall be as follows: The sewer line shall be tested in increments between manholes. The line shall be cleaned and plugged at each manhole. Such plugs shall be designed to hold against the test pressure and shall provide an airtight seal. One of the plugs shall have an orifice through which air can be introduced into the sewer. An air supply line shall be connected to the orifice, The air supply line shall be fitted with suitable control valves and a pressure gauge for continually measuring the air pressure in the sewer. The pressure gauge shall have a minimum diameter of 3-1/2 inches and a range of 0-10 PSIG. The gauge shall have minimum divisions of 0.10 PSIG and an accuracy of +/- 0.04 PSIG. The sewer shall be pressurized to 4 PSIG greater than the greatest back pressure caused by ground water over the top of the sewer pipe. At least 2 minutes shall be allowed for the air pressure to stabilize between 3.5 and 4 PSIG. If necessary, air shall be added to the sewer to maintain a pressure of 3.5 PSIG or greater. After the stabilization period, the air supply control valve shall be closed so that no more air will enter the sewer. The sewer air pressure shall be noted and timing for the test begun. The test shall not begin if the air pressure is less than 3.5 PSIG, or such other pressure as is necessary to compensate for ground water level. The time required for the air pressure to decrease 1.0 PSIB during the test shall not be less than the time shown in the "Oakland County Department of Public Works Air Test Tables." 11-3 Manholes on sewers to be subjected to air tests shall be equipped with a 1/2 inch diameter galvanized capped pipe nipple extending through the manhole 3" into the manhole wall and at an elevation equal to the top of the sewer pipe. Prior to the air test the ground water elevation shall be determined by blowing air through the pipe nipple to clear it and then connecting a clear plastic tube to the pipe nipple. The tube shall be suspended vertically in the manhole and the ground water elevation determined by observing the water level in the tube. The air test pressure shall be adjusted to compensate for the maximum ground water level above the top of the sewer pipe to be tested. After all tests are performed and the sewer is ready for final acceptance, the pipe nipple shall be plugged in an acceptable manner. if a sewer fails to pass any of the previously described tests, the contractor shall determine the location of the leaks, repair them and retest the sewer. The tests shall be repeated until satis- factory results are obtained. All visible leaks and cracks shall be repaired regardless of test results. 4. Storm and Ground Water Control (A) Yard drains, patio drains, catch basins, downspouts, weep tile, perimeter and footing drains or any other structure used for the collection and conveyance of storm water and/or ground water shall not be permitted to discharge into any sanitary sewer connected directly or indirectly to the County System, except as provided under Paragraph 4(6). (B) Perimeter and footing drains from buildings existing on or before December 16, 1968 that were legally permitted and connected to a sanitary sewer system piror to December 16, 1968, shall not be required to disconnect from the sanitary sewer system. (C) The crock to iron joint shall be sealed by an approved flexible adaptor fittings such as those manufactured by Fernco Joint Sealer Company, or as approved by the Oakland County Department of Public Works. The iron pipe inside the building shall be plugged and leaded and remain plugged and watertight until such time as the plumbing is carried on to the first floor, the basement backfilled and roof is on the building, thereby providing that no water from the excavated basement will enter the sanitary sewer. 5. Building Sewers House connection sewer from lateral sewer in streets to within five (5) feet from house shall be: (A) 6" diameter Extra Strength Vitrified Sewer Pipe, manufactured in accordance with current WCP1 Designation ER 4-67 Standards, or equal, with DPW approved premium joint, or (B) 6" diameter Class 2400 Asbestos Cement Pipe with Ring-Tite, Fluid- Tite or DPW approved joint, or (C) 6" diameter, service strength, cast iron soil pipe with hot poured lead joint, or DPW aprpoved equal, or (0) 6" diameter Extra Stgrength (ES) solid wall pipe extruded from Acrylonitrile-Butadiene-Styrene (ABS) plastic meeting the minimum cell classification 2-2-3 as defined in ASTM Specification 01788-68. (E) Other pipe and joints as may be approved by the Oakland County Cepartment of Public Works. Copies of the Oakland County D.P.W. approved joint shall be on file at the offices of each community in the system. House connection sewer shall be 6" minimum diameter, except that 4" pi pe of comparable strength and joint material may be used if permitted by the local unit of government. All joints shall be tight and when tested for infiltration, or exfiltraiton, shall not exceed the requirements of Paragraph (3) of these regulations. 6. Septic Tank Abandonment and Waste Disposal (A) Prior to connecting an individual building sewer to the sewers of the County of Oakl and, either directly or indirectly, all existing wastewater treatment facilities, including septic tanks, tile fields, and sump pumps shall be physically and permanently disconnected from the building sewer. (B) Septic tank sludge shall be discharged into the sewers of the County, directly or indirectly, only at locations specified by the Oakland County Department of Public Works and only after obtaining proper septic tank dumping tickets. (C) The liquid and solids from an abandoned septic tank shall not be drained, dewatered, pumped or in any other manner discharged to the sewers of the County, except as provided for above. 7. Ctwnership, Operations and Maintenance Responsibility All new sanitary sewer systems, except individual building sewers, connected directly or indirectly into the intercepting sewer or sewers of the County of Oakland shall be owned, operted and maintained by the governing community. This includes but is not necessarily limited to on-site sewer systems serving condominiums, apartment projects, shopping centers and mobile home parks. B. Manholes (A) All manholes constructed on sanitary sewer systems shall be pro- vided with lid frames bolted to the cone section of the manhole with rubber o-ring gaskets compressed between the frame and the top of the cone in accordance with the current "Standard Manhole Detail" of the Oakland County Department of Public Works. Adjustments to manhole tops shall be accomplished by using precast concrete adjustment rings bolted to the cone section of the manhole with rubber 0-ring gaskets compressed between each adjacent ring. 11-5 Mortar and brickwork adjustment at the top of manholes will not be allowed. All manhole riser and cone sections shall have modi- fied groove tongue joint with rubber gasket. The bolted frame, bolts, adjustment rings and 0-ring gaskets shall be in accordance with the standards of the Oakland County Department of Public Works. (B) All manholes shall be provided with "Bolted Waterproof Covers" in accordance with the current "Standard Manhole Detail" of the Oakland County Department of Public Works. Although not recommended, and only under certain circumstances, consideration will be given to the burying of manholes in lieu of providing bolted covers and only upon written request to the Oakland County Department of Public Works. 9. As-Built Plans Prior to the acceptance of any sewer system and prior to the removal of the bulkheads as required in Paragraph 2 (except under extenuating circumstances as may be approved by the Director) as-built plans shall be provided to the Oakland County Department of Public Works. Said as-built plans shall show a statement by a registered engineer or surveyor certifying this to be "as-built plans" and shall include, but not be limited to length of sewer, invert elevation, locations with respect to property lines, wye and riser locations and depths, and sewer material and joint used. ARTICLE AUTHORITY OF INSPECTORS AND PROTECTION OF OWNER This article defines the extent and limitations of the authority of the County Agency to police wastewater systems connected to county wastewater facilities to insure compliance with these regulations. 1. Authority A. Authorized representatives of the County Agency bearing proper creditionals and identification shall be permitted to enter all properties during normal business hours for the purposes of inspec- tion, observation, measurement, sampling and testing in accordance with the provisions of this regulation. The representatives shall have no authority to inquire into any processes including metal- lurgical, chemical, oil refining, ceramic, paper or other indus- tries beyond that point having a direct bearing on the kind and source of discharge to the sewers or facilities for wastewater treatment. B. Authorized representatives of the County Agency bearing proper credentials and identification shall be permitted to enter all private properties through which the County or local municipality holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater transmission facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 2. Protection While performing the necessary work on private properties referred to in item 1 above, the authorized representatives of the County Agency shall observe all safety rules applicable to the premises established by the Company and the company shall be held harmless for injury or death to the county employees and/or its authorized representatives. ARTICLE IV DTSCHARGE OF WASTEWATERS INTO PUBLIC SEWERS The regulations contained in this article are generally intended to (1) prohibit the discharge to public wastewater facilities of wastes which could have detrimental effects on the physical structures, treatment pro- cesses or operating personnel of the system, or on the general public; (2) restrict the discharge to public wastewater facilities of technically un- polluted water: and, (3) provide a means of collecting critical information on which to base future use restrictions and surcharge rates. 1. general Conditions A. No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, footing drainage, or unpolluted industrial process waters directly or indirectly to any sanitary sewer; except as specifically exempted herein. B. Storm water shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet. All other unpolluted drainage, industrial cooling water or unpolluted process waters shall be discharged to a storm sewer, or natural outlet—, C. No person shall discharge or cause to be discharged materials, or wastes which may singly or by interaction with other wastes be deleterious to sewers, wastewater treatment processes or equipment; have an adverse effect upon a receiving stream; endanger life, limb, public property; or constitute a public nuisance, such as to cause, but not limit to, the following: 1. Chemical reaction, either directly or indirectly, with any materials of construction to impair the strength or durability of sewer structures. 2. Mechanical action that will destroy or damage sewer structures. 3. Restriction of hydraulic capacity of sewer structures. 4. Interferences with normal inspection or maintenance of sewer structures. 5. Placing of unusual demands upon the wastewater treatment equip- ment or process of biological, chemical or physical means. 6. Limitation of the effectiveness of the wastewater treatment process. 7 Hazardous effect upon sewer maintenance or treatment personnel or the general public. 2. Specific Conditions Wastewater discharges shall conform to limitations found elsewhere in these regulations. 3. Wastewater Analyses A, All the preceding conditions are to apply at the point where wastes are discharged into a public sanitary or combined sewer and all chemical and/or mechanical corrective treatment must be accom- plished to practical completion before this point is reached. B. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this regulation shall be determined in accordance with the current edition of "Standard Methods for the Examination of Water and Wastewater," published by the Aiierican Public Health Association. C. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the wastewater facilties and to determine the existence of hazards to life, limb, and property. The County Agency will determine the method of sampling to be used. 4. Restrictions A. If any waters or wastes are discharged, or are proposed to be discharged, to the pubic sewers, which waters contain the sub- stances, possess the characteristics, or exceed the limitations enumerated elsewhere, the County Agency may: 1. Prohibit the discharge of the wastes to a public sewer, or, 2. Temporarily permit the discharge of the wastes to a public sewer to any conditions that the County Agency and the City may recommend based on their review of such factors as quantity of the waste in relation to flows and velocities in the sewers, materials of construction of sewers, nature of the wastewater treatment process, capacity of the wastewater treatment works, degree of treatability of the waste, and any other pertinent factors, or, 3. Require pretreatment to an acceptable condition for discharge to a public sewer, and/or, 4. Require control over the quantities and rates of discharge to public sewers. 5. Apply a surcharge as descriebd elsewhere in these regulations. B. In all cases, the County Agency may require payment to cover any additional costs it may incur in connection with inspecting, sampl ing, testing, handling and treating the waste, not covered by existing wastewater charges. I. When the pretreatment or equalization of waste flows is per- mitted, the design and installation of the plants and equiment shall be subject to the requirements of all applicable codes, ordinances and laws. 2. Where preliminary treatment of flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. ARTICLE V DISCHARGE OF INDUSTRIAL OR COMMERCIAL WASTES INTO THE PUBLIC SEWERS The regulations contained in this Article are generally intended to protect the public health and safety through the regulation and control of the quantity and quality of industrial and commercial waste admitted into the public wastewater treatment system and to enable the municipalities contract- ing with the County of Oakland for sewage disposal and the County of Oakland to comply with the requiremetns of applicable State and Federal Laws, inc- luding the Federal Water Pollution Control Act of 1972 (Public Law 92-500), as amended, and the State of Michigan, Act 245 of 1929, as amended, and the applicable National Pollutant Discharge Elimination System Permits, and by Federal Environmental Protection Agency General Pretreatment Regulations (40 CFR 403). 1. PROHIBITIONS A. Prohibited Pollutants - It shall be unlawful for any person to cause or allow to be discharged sewage or wastes of any kind indirectly into the wastewater system which does not conform to the criteria or effluent standards set forth in 'Appendix A" of this Regulation. The user shall be permitted to demonstrate to the County of Oakland that the influent being received by the user contains pollutants and, upon such demonstration, the user shall be accountable only for the net pollutants added to the effluent and not for the total pollutant contained in the effluent. The user shall not be liable for noncompliance due to an upset condition. B. Measuring Methods - In order to ascertain whether or not the sewage or waste of any kind discharged by any person into the public sewers or wastewater system conforms to the criteria or effluent standards established and adopted by this Regulation, the County may use any appropriate method or device which will lead to such a determination. All measurements, tests and analyses of wastewater, sewage and wastes of any kind shall be determined in accordance with standard methods. C. Sampling - When required by the County, each person covered by this Regulation shall provide a control manhole or any other device or facility suitable and appropriate to enable the County to conduct gauging and sampling operations to determine conformance with the criteria and effluent standards established and adopted by this Regulation. The gauging and sampling facility should normally be situated on the user's premises, but the County may, when such a location would be impactical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and it shall be the responsibility of the user to obtain any necessary approvals for the location of the gauging and sampling facility from appropriate governmental agencies. V-1 The County shall have the right, during reasonable hours and, at the option of the user, accompanied by a representative of the user, to enter upon the premises of each person for the purpose of setting up measurement or sampling devices or facilities, or for inspecting or examining the same or for conducting necessary or desirable measuirng and sampling operations. The duly authorized employees of the County shall be permitted to enter all properties accompanied by a representative of the user, at the user's option, for the purose of -inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. Duly authorized employees shall have no authority to inquire into any process, including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. While performing the necessary work on private properties, author- ized employees of the County shall observe all safety, security and other company rules applicable to the premises established by the company. Where requested by the property owner or his agent, such persons shall leave a portion of any sample taken from any sampling point on or adjacent to the premises with such property owner or agent. Jn cases of disputes arising over shared samples, the portion taken and analyzed by the representatives of the County shall be presumed to be the valid sample. D, Federal Categorical Pretreatment Standards - A Federal Categorical Pretreatment Standard for a particular industrial sub-category, if more stringent than criteria imposed under this Regulation for sources in that sub-category or if not covered by this Regulation shall supersede the criteria imposed under this Regulation upon the date compliance is required by the Federal Standard. The County shall notify all affected users of the applicable requirements under 40 CFR 403.12. E. Modifications - The County may modify the effluent limitations applicable to indirect dischargers as specified in the Federal Pretreatment Standards if the requirements contained in 40 CFR 403.7 are fulfilled concerning consistent removal of pollutants by the publicly owned treatment works, and prior to approval from the owner of the POTW and from the approval authority (MDNR or EPA) is obtained. F. State Requirements - State requirements and limitations on dis- charges snail apply in any case where they are more stringent than Federal requirements and limitations or those imposed under this Regulation effective upon the dates compliance is required thereby, G. City Right of Revision - Each City reserves the right to establish by ordinance more stringent limitations or requirements on dis- charges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Article V of this Ordinance. Individual permits may specify more stringent requirements or limitations than those set forth in this ordinance when, in the opinion of the County, such requirements or limitations are neces- sary to prevent interference with the operation or performance of the POTW. H. Dilution Prohibited - Dilution of a waste discharge introduced into the wastewater system by an increase in the use of process water as a continuing practice in partial or complete substitution for adequate treatment is not acceptable as a method for achieving the criteria set forth in the Regulation or the limitations con- tained in the Federal Pretreatment Standards. 1. tiny introduction of any wastewater or industrial waste which originates outside the service area of the City of Wixom is ex- pressly prohibited unless permission for such introduction is obtained from the County in advance. 2. FEES A. Purpose - It is the purpose of this Section to provide for the recovery of costs from users of the public wastewater system for the implementation of the program established herein. The applicable charges or fees shall be as set forth in the Schedule of Charges and Fees, adopted by the County from time to time, and shall be sufficieint to meet costs of operation of the system or as provided by law. Furthermore, user fees and surcharges as required by law shall be adopted by the County on the basis of the volume of waste and the quantities of specific pollutants present in the wastewater, 3. REPORTING REQUIREMENTS The County of Oakland, through the County Agency, may require all users to submit periodic reports on waste discharge volume, quality, specific pollutant analyses, and any other information pertaining to the pro- visions of this Regulation. The County Agency may require all users to perform sampling operations of their wastewater, obtain analytical determination on such samples, and file reports of these results with the County for the purpose of monitoring compliance with the provisions of this Regulation. Sampling, analyses and reporting required hereunder shall be limited to pollutants regulated by this Regulation, EPA Regu- lations or MDNR Regulations. 4. PERMITS A. Permit Requirements - All significant industrial users proposing to contribute to the POTW shall obtain a Wastewater Discharge Pe.rmit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a Wastewater Contribution Permit within 180 days after the effective date of this regulation. B. industrial Waste Permit - Any non-governmental and non-domestic user including b-ut not limited to those classified under Division D of the Standard Industrial Classification Manual discharging wastes meeting the criteria in Section 4(A) above, shall be required to have an industrial waste permit. industrial waste permits shall be expressly subject to all pro- visions of this Regulation and all other applicable regulations, user charges and fees established to the County. Permits may contain the following: V-3 1. The unit charge of Schedule of User Charges and Fees for the wastewater to be discharged to a public sewer as established by the County, 2. Limits on the average and maximum wastewater constituents and characteristics, 3. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization, 4. Requirements for installation and maintenance of inspection and sampling facilities, 5. Specifications for monitoring programs which may include sampling locations, frequency of sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules, 6. Compliance schedules, 7. Requirements for sub-mission of technical reports or discharge reports, 8. Requirements for maintaining and retaining plant records re- lating to wastewater discharge as specified by the County, and affording the County access thereto. All users subject to categorical pretreatment standards reporting requirements must retain records for a minimum of three years or for the duration of any unresolved litigaiton, whichever is longer, 9. Requirements for not ificaiton of the County of any new intro- duction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system, 10. Requirements for notification of slug discharges. 11, Requirements for containment of specific materials, processes, or facilities for the prevention of accidental discharge, and: 12. Other conditions as deemed appropriate by the County to ensure compliance with this Regulation. A user shall have the right to contest any terms or condition of an industrial waste permit by requesting a hearing before the County in writing within 10 days after issuance of the permit. In the event of such request, the contested terms and conditions of the permit shall be stayed pending the concluislon of the hearing. C. Permit Application - Users required to obtain an industrial waste permit shall complete and file with the County or its Authorized Representative an application in the form prescribed by the County. A fee for said permit shall be charged. Subject to subsection E of this Section, existing users of the wastewater system as defined in Section 4 (A) above shall apply for an industrial waste permit within 180 days after the effective date of this Regulation, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the wastewater system. V-4 In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, the following inform- ation: 1. Name, address, and location if location is different from the address). 2. One or more SIC numbers according to the Standard Industrial Classification Manual Bureau of the Budget, 1977. In the event that an industrial user disagrees with a given SIC Class- ification, the user shall request that the County provide written certification as to the proper SIC Classification and the reasons therefor. 3. Wastewater constituents and characteristics including, but not limited to, those limited by this Regulation as determined by a reliable analytical laboratory (including in-house labor- atories utilizing approved EPA methods and procedures), with sampling and analysis performed in accordance with procedures established by the DPW pursuant to Section 304 (9) of the Act and contained in 40 CFR, part 136, as amended. 4. Time and duration of discharge. S. Average daily wastewater flow rates, including daily, monthly and seasonal variations if any. 6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation. 7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged. 8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, 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 operations and maintenance and and/or additional pretreatment is required for the user to meet applicable pretreatment standards. 9. Any other information as may be deemed by the City/County to be necessary to evaluate the permit application and the facility. D. Permit Criteria Modification - Pursuant to Rules and Regulations established by the County, the County shall have the authority to extend the requirement for an industrial waste permit to other users outside the criteria specified in Section 4 (A) of this Regulation. E. Permits Duration - Permits shall be issued for a specified time period, not to exceed five (5) years, and shall carry a specific expiration date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the County during the term of the permit as limit- ations or requirements as identified in Section 4(4) are modified or other just cause exists. A user shall be notified by the County in writing of any proposed changes in his permit and the reasons therefor at least 180 days prior to the effective date of change. A modified permit shall not be effective if the user affected by the modification within 60 days after such notice requests in writing a hearing before the County to contest the modification, in which event the County shall hold a hearing. If a hearing is requested, the modification, if affirmed, shall become effective 180 days after such notice or 60 days after such affirmance, whichever is later. Any changes or new conditions in the permit shall include a reasonable time schedule for com- pliance. F. Permit Transfer - )ndustrial waste permits are issued to a specific user for a specific operation. An industrial waste permit shall be assignable to a new owner who continues the existing use of the facility. An industrial waste permit shall not be assigned, tran- sferred or sold to a new owner who changes the existing use or makes a new use of the facility, or for different premises without the approval of the County. Upon transfer, sale or assignment, any succeeding owner shall comply with the terms and conditions of the existing permit. Notice of a proposed transfer of an industrial waste permit shall be given to the County in writing and shall incude a written agreement specifying a date for transfer of permit responsibility and coverage between the current and new permittee which includes acknowledgement that the existing permittee is liable for violations up to that date, and that the new permittee is liable for violations from that date on. 5. ENFORCEMENT A. Whenever the County has reasonable grounds to believe that sewage, or other wastes, of any kind are being or have been discharged into the public wastewater system in violation of this Regulation, an industrial waste permit or any prohibition, limitation or require- ments contained herein, the County shall require the City, except in the case of emergency or flagrant violation, by conferences, noti- ces, conciliation or cooperation, endeavor to the fullest extent possible to eliminate or remedy such violation. B. In the case of discharges which create a hazard to life or const- itute a public nuisance or emergency, or interefere with the opera- tion of the wastewater system, then the County shall require the City to: 1. Reject the waste to immediately abate such hazard or public nuisance or 2. Require immediate pretreatment of the waste to an acceptable condition for discharge to the wastewater system; and/or 3. Require the person responsible for the discharge to appear before the County to show cause why service should not be discontinued immediately. In the event such action is taken, the County shall immediately notify the user in writing of such action and the specific reasons therefor, which notice shall be personally served, and shall provide the user with an opportunity for a hearing before the County within 10 days of such action. C. The Conciliation Hearing - The County may order any person who causes or al lows an unlawful discharge to attend a conciliation hearing. A notice of violation shall be served that person, speci- fying the facts upon which the alleged violation is based and desingating a time and place for a conciliation hearing to be held. The notice of violation shall be served by registered or certified mail at least 10 days before the hearing. The conciliation hearing is to be informal and conducted by the County or its designated representatives. The industrial or commer- cial user is required to present a plan and schedule for achieving compliance with the provisons of this Regulation. Representatives of the user's municipality may be present. The hearing attendees shall agree upon the appropriate plan and schedule and agree upon a conciliation compliance date which sets the time period for full compliance. 0. Inttice of Show Cause Hearing - If compliance is not achieved by conciliation, the County may order any user who causes or allows to continue an unauthorized discharge to show cause before the County why service to that user should not be discontinued. A notice shall be served on the user specifying the time and place of a show cause hearing before the County regarding the violation, the reasons why the action is to be taken, the facts upon which the alleged violation is based, the proposed enforcement action, and directing the user to show cause before the County why the proposed enforce- ment action should not be taken. The notice of the hearing shall be served by registered or certified mail at least 10 days before the hearing with copies sent to officials of the user's municipality. Service may be made on any agent or officer of a corporation or authorized representative. E. Hearing Procedings - The County may itself, conduct the show cause hearing and take the evidence to: 1. Issue in the name of the County notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings: 2. Take the evidence; and 3. Transmit a report of the evidence and hearing, including tran- scri ps and other evidence, together with recommendations to the County for action thereon. F. Transcript of Evidence - At any show cause hearing held pursuant to this kegulation, testimony taken must be under oath and recorded stenographically. V-7 G. Action - After the County has reviewed the evidence, it may issue an order to the user responsible for the discharge directing or setting forth any of the following: 1. Pretreatment of waste by installation of adequate treatment facilites, devices or other related appurtenances, within a specified date as a condition for continued acceptance of the wastes into the sewer; 2. Periodic reports on effluent quality and quantity determined by a self-sampling and analysis throughout the time period set by a compliance date; 3. Control of discharge quantities; 4. Payment of the costs for reasonable and necessary samples taken by the County during the process for damages or clean up resulting from a discharge violation; or 5. Any such further orders as are necessary and appropriate. H. Revocation of Permit Any User who violates the following conditions of this Ordinance, or applicable city, county, state and federal regulations, is subject to having his permit revoked in accordance with the pro- cedures of Article V of this Ordinance: a) Failure of a User to factually report the wastewater constitu- ents and characteristics of his discharge; b) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics; c) Refusal of reasonable access to the User' s premises for the purpose of inspection or monitoring; or, d) Violation of conditions of the permit. I. Right of Appeal Any User or any interested party shall have the right to request in writing an interpretation or , ruling by the City on any matter covered by this Ordinance and shall be entitled to a prompt written reply. in the event that such inquiry is by a User and deals with matters of performance or compliance with this Ordinance for which enforcement activity relating to an alleged violation is subject, recept of a User's requeste, shall stay all enforcement proceedings pending receit of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this Ordinance may be taken in accorance with (local and State law). PENALTY COSTS/ LEGAL ACTION A. Civil Penalties Any User who is found to have violated an Order of the City or who willfully or negligently failed to comply with any provision of this Ordinance and the orders, rules and regulations and permits issued hereunder, shall be fined not more than Five Hundred Dollars for each offense. Each day on which a violation shall occur or continue shall e deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attor- neys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Ordinance or other orders, rules, regulations, and permits issued hereunder. If any person discharges sewage, industrial waste or any other wastes into the wastewater system contrary to the provisions of this Regulation, Federal Pretreatment Requirements, or State Pretreatment Requirements or any order of the City, the City, acting through its counsel, may commence an action or proceeding in the Circuit Court in the County of Oakland for the purpose of having the discharge enjointed. B. Falsifying Information - Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document, filed or required to be maintained pursuant to this Regulation or industrial waste permits, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Regulation shall, upon conviction, be punished by a fine of not more than $500.00. ANNUAL PUBLICATION The City of Wixom shall annually publish in a newspaper of local dis- tribution, a list of the users which had significantly violated any Pretreat- ment Requirements or Standards during the 12 previous months. All records relating to compliance with Pretreatment Standards and Requirements shall be made available to officials of the EPA or MDNR Author- ity upon request. CONFIDENTIALITY OF INFORMATION No employee of the County or anyone in privity to the County shall disclose to any person any information or data (except effluent data) obtain- ed from and/or contained in reports, questionnaires, permit applications, permits, monitoring programs or inspections required or carried out under the provisions of this Regulation. VARIANCE/SPECIAL ARRANGEMENTS 1. Variances from Interim Standards - The County may grant varian- ces from any of the effluent criteria or standards set forth in Appendix "A' to this Regulaton or the effective date of such criteria or standards. In determining whether to grant a var- iance, the County shall consider the following factors, one or more of which may be sufficient for the granting of a variance. A. Age, size, land availablility, and configuration as they relate to the user's equipment or facilities, processes employed, and engineering aspects of control and treatment technology. B. Energy requirements of the application of the required control and treatment technology. C. Aspects of the user's process which affect the nature or quality of the pollutants or pollultant parameters contained in the raw-waste loads in the user's process water or effluent or which affect the volume of the user's process water or effluent. D. Cost of compliance with such interim criteria or standards, but only if it is caused by one or more of the above listed factors. E. The absence, at the date of the request for variance, of an applicable Federal Pretreatment Standard for that in- dustrial category covering the specific pollutant for which the variance is requested, or the existence of a less stringent Federal Pretreatment Standard for that pollutant. F. Unavailability of adequate pollution control equipment. 2. Request. - Requests for a variance and supporting evidence must be submitted in writing to the County. Pending the County's decision on a variance request the interim effluent criteria and standards imposed on this Regulation shall be effective. Written submissions for variance requests must include: A. The name and address of the user making the request; B. Identification of the interest of the requester which is affected by the interim standard for which the variance is requested; C. A list of each pollutant or pollutant parameter for which an alternative discharge limit is sought; D. The alternative discharge limits proposed by the requested for each pollutant or pollutant parameter identified in Item HC .Fi E. A description of the user's existing water pollution control facilities including schematic flow plans of the user's water supply, wastewater process systems and discharge points; and F. A statement of facts clearly establishing why the variance request should be approved, including detailed support data, documentation, and evidence necessary to evaluate the merits of the request. 3. Terms and Conditions of Granted Variance - At the County's discretion, the variance may be made retroactive to the date of application. Variances shall be for a specified length of time and shall set forth recomended alternative discharge limits for the user discharge as follows: In the case of pollutants listed in Paragraph 2 of Appendix 'A" to this Regulation, recommended alternative discharge limits shall be imposed to the extent warranted by the factors demonstrated to the County. 4. Disposition/Revocation - The County, after receiving a submittal from a requester, will issue a finding within 30 days. Where the County finds that reasonable grounds for a variance do not exist, he may deny the request and notify the requester in writing of the denial giving the reasons for its decision. Where the County finds reasonable grounds do exist for granting the variance request, it shall approve the request and prepare the recommended terms and conditions for notice to the reques- ter. Within 30 days following the date of receipt do notice of the County's denial or conditioning of the variance, if granted, the requeseted may petition the County for a hearing to reconsider or contest the decision. If the County determines that the following conditions exist, they shall constitute grounds for a revocation of an existing variance after notice and opportunity for hearing before the County: A. That user discharges under the terms and conditions of the variance would result in the wastewater treatment plant being in violation of its NPDES Permit and/or effluent standards. That user discharges under the terms and conditions of the variance result in violation of the General Prohibitions enumerated in Paragraph 1 of Apendix "A" to this Regulation. C. Noncompliance with the terms and conditions of the variance. 5. Special Arrangements - Nothing in the Regulation shall be construed as preventing any special agremeent or arrangement between the County, and any user whereby wastewater of unusual strength or character is accepted into the POTW and treatment subject to any payments or user charges as may be applicable, however, no federal prohibited discharge standards can be waived. SAVINGS CLAUSE If any provision, paragraph, word, section or article of this Regulation is invalidated by any court of competent jurisdiction, the remaining pro- vision, paragraphs, works, sections, and articles shall not be affected and shall continue in full force and effect. CONFLICT All other Regulations and parts of other Regulations inconcistent with or conflicting with any part of this Regulation are hereby repealed to the extent of such inconsistency or conflict. This is declared necessary for the preservation of the public peace, health, safety and welfare. ARTICLE V "APPENDIX "A" POLLUTANT LIMITATIONS 1. General - No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other National , State, or Local Pretreatment Standards or requirements. A user may not contribute the following substances to any POTW: A. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Materials which may involve a risk of a fire or explosion include, but are not limited to, gasoline, kerosene, naptha, toiluene, xyIene, ethers alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, ethers, carbides, hybrides and sulfides or any other substances which the County, the State or DPW has notified the user is a fire hazard to the system. B. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities. C. Any wastewater having a pH less than 5.5 or more than 9.5. D. Any wastewater containing toxic pollutants in a sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters to the POTW, or to exceed the limitations set forth in a categorical pretreatment standard, 40 CFR 403. A toxic pollutant shall include but not he limited to any pollutant identified pur- suant to Section 407 (A) of the Act 33 USC 1317 and the Michigan Critical Materials Register. E. Any noxious or malodorus liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are otherwise sufficient to prevent entry into the sewers for their maintenance and repair, F. Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and refuse or to interfere with the reclamation program. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria guidelines or regulations developed under Section 405 of the Act; any criteria, guideline, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State Criteria applicable to the sludge management method being used. G. Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards. H. Any wastewater with objectional color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. I. Any wastewater having a temperature which will inhibit biological activity in the POTW Treatment Plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 104 degres F. 3. Any Pollutants, including oxygen demand pollutants (BOO, etc) released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. K. Any wastewater containing any radioactive wastes or isotypes of such Halflife or concentration as may exceed limits established• in compliance with applicable state or federal regulations. L. Any wastewater which causes a hazard to human life or creates a public nuisance. 2. Specific Pollutant Limitations - No person shall discharge wastewaters containing in excess of the following, except as provided for in para- graph 213 of this Section. A. Pollutant Limits a) Antimony 2.0 mg/1 b) Arsenic 1.0 mg/1 c) Cadmium 2.0 mg/1 d) Chromium (Cr46) 5.0 mg/I e) Chromium (Total) 25.0 mg/1 f) Copper 3.0 mg/1 g) Cyanide (Total) 2.0 mg/1 h) Iron 50.0 mg/I i) Lead 1.0 mg/I j) Mercury 0.005 mg/1 k) Nickel 5.0 mg/1 I) Phenol 0.5 mg/1 m) Selenium 1.0 mg/1 n) Silver 2.0 mg/1 a) q) r) ts u) vv3 x) Pollutant Sul fides Thar! im Zinc H2S, 502, NO2 Phosphorus (P) B.O.D. Pol Ahlori anted Biphenyl Radioactive Waste Suspended Sol ids Total Sol ids Limits 10.0 mg/1 0.1 mg/1 15.0 mg/1 10.0 mg/1 12.0 mg/1 350 mg/1 (Daily Average) ne Al lowed 100 yc/I 400 mg/1 (Daily Average) 2,000 mg/1 (Daily Average) 20,000 mg/1 Any Sample) Maximum Value For Any One Day 1.0 MG/L Arsenic 2.0 MG/L Cadmium 4.5 MG/L Copper 2.0 MG/L Cyanide 1.0 MG/ L Lead 0.005 MG/L Mercury 5.0 MG/L Nickel 2.0 MG/L Silver 25.0 MG/L Total Chromium 15.0 MG/L Zinc 0.5 MG/L Phenolic Compunds which cannot be removed by the POTW treatment plant. B. The limits of Phosphorus, 5.0.0. and Suspended Solids, as stated above may be exceeded, if approved by the County. Users exceeding the above stated limits of Phosphorus, 5.0.0. and Suspended Sol ids shall be surcharged for the amount of pollutant exceeding the limits. Said surcharge shall be established by the County from time to time and shall be included as part of the Wixom schedule of rates and charges. 3. My discharge of wastes of waters into a sewer which terminates in or is a par t of the sewerage system of the County shall not contain the following: A. Water or wastes containing more than 100 MG/L fats, oils or greases ( hex and sol ub 1 es) . B. Collectible Floating oil. 4. Sampling Compliance with the numerical standards set forth above shall be determined on the basis of a representative composite sample. 5. Meaning of Numerical Concentration Limitations MG/L - Unless specifical- 1y stated otherwise, all limitations and concentrations (MG/L) under this ordinance shall mean concentrations of the total pollutant present, including both solubil ized and non-solubil ized pollutant. V-14 ARTICLE VI SEPARABILITY CLAUSE If any part or parts of these regulations are held to be invalid Or of no effect by the court, board or agency, the remaining part of parts of the regulations shall remain in full force and effect and continue to be the full regulation. #86128 May 8, 1986 Moved by Hobart supported by Skaritt the resolution be adopted. AYES: Nelson, Page, Pernick, Rewold, Rowland, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandra, Doyon, Fortino, Gosling, Hassberger, Hobart, Richard Kuhn, Susan Kuhn,Lanni, Law, McConnell, McDonald, McPherson, Moffitt. (24) NAYS: None. (0) A sufficient majority having voted tsherefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn O. Allen, Clerk of the County of Oakland and having a.seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution #86124pted by the Oakland County Board of Commissioners at their meeting held on May 8, 1986 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan 8th day of ) Max__ 19 86 14.4-41 11111 WiEL n L i. ALLEN County Clerk/Register of Deeds this