HomeMy WebLinkAboutResolutions - 1989.05.11 - 17054May 11, 1989
Miscellaneous Resolution 89124
BY: PLANNING AND BUILDING COMMITTEE - Anne M, Hobart, Chairperson
IN RE: DEPARIMEn OF PUBLIC WORKS - DRAIN COMMISSIONER - WASTEWATER DISPOSAL
STANDARDS & REGULATIONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland owns, operates and maintains the Southeastern
Oakland County Sewage Disposal System, the Evergreen-Farmington Sewage Disposal
System, the.Clinton-Dakland Sewage Disposal System and the Huron-Rouge Sewage Disposal
System, all located in Oakland County; and
WHEREAS the county is required to adopt Wastewater Disposal Standards &
Regulations for these sewage disposal systems to provide for the protection of public
health and safety by abating and preventing pollution through the regulation and
control of the disposal of sewage and the quantity and quality of wastes admitted to
be discharged into the wastewater collection system of the County of Oakland and to
provide compliance with the requirements of applicable state and federal laws,
including the federal Water Pollution Control Act of 1972, as amended, the State of
Michigan Act 245 of 1929, as amended, the Federal District Court Consent Judgement and
Settlement Agreement, United States District Court Eastern District of Michigan,
Southern Division CA, No—'77-1100 and the applicable rules and regulations pertaining
to said Acts and the requirements of applicable National Pollutant Discharge
Elimination System Permits; and
WHEREAS the regulations will provide for the governing of the design,
construction and 'use of wastewater facilities under the jurisdiction of the County of
Oakland, enumerating the permit requirements for tapping into the county wastewater
facilities, for altering existing county wastewater facilities, for pumping stations
and for industrial connections to public sewers and to provide a uniform policy for
rates for wastewater disposal service; and
WHEREAS on July 23, 1981, by Miscellaneous Resolution #81-232, the Oakland
County Board of Commissioners did adopt Wastewater Disposal Standards & Regulations
for the Southeastern Oakland County Sewage Disposal System, the Evergreen-Farmington
Sewage Disposal System and the Clinton-Oakland Sewage Disposal System, as amended on
August 6, 1981, by Miscellaneous Resolution #81-279, as amended on February 14, 1985,
by Miscellaneous Resolution #85-013; and
WHEREAS the Oakland County Board of Commissioners did adopt Wastewater
Disposal Standards & Regulations for the Huron-Rouge Sewage Disposal System on
November 19, 1981, by Miscellaneous Resolution #81-397, as amended on February 14,
1985, by Miscellaneous Resolution #85-014; and
WHEREAS it has now become necessary to amend all existing Wastewater
Disposal Standards & Regulations.
HOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby rescinds all previously adopted Wastewater Disposal Standards & Regulations for
the Southeastern Oakland County Sewage Disposal System, the Evergreen-Farmington
Sewage Disposal System, the Clinton-Oakland Sewage Disposal System and the Huron-Rouge
Sewage Disposal System.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
approves the Wastewater Disposal Standards & Regulations for the Southeastern Oakland
County Sewage Disposal System, the Evergreen-Farmington Sewage Disposal System, the
Clinton-Oakland Sewage Disposal System and the Huron-Rouge Sewage Disposal System of
the County of Oakland, State of Michigan, dated February 19890ttached to original res-
olution filed in County Clerk/Register's office)
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution,
kANNING AND BUILDING COMMITTEE
:i0LUTION
5
WASTEWATER DISPOSAL
STANDARDS AND REGULATIONS
for the
SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM,
EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM,
CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM, and
HURON-ROUGE SEWAGE DISPOSAL SYSTEM
of the
COUNTY OF OAKLAND,
STATE OF MICHIGAN
Prepared by:
MILTON W. HANDORF, PE.,
DIRECTOR,
DEPARTMENT OF PUBLIC WORKS,
OAKLAND COUNTY, MICHIGAN
GEORGE W. KUHN,
OAKLAND COUNTY
DRAIN COMMISSIONER,
OAKLAND COUNTY, MICHIGAN
(February, 1989]
TABLE OF CONTENTS
PAGE
PREAMBLE TO REGULATIONS
AUTHORITY 444.1.114Iitet 22222 44444444444 Ammilf24.22.84.1-00.01...
ARTICLE I - DEFINITIONS ...... 1
ARTICLE II - OAKLAND COUNTY, DEPARTMENT OF PUBLIC
WORKS, COUNTY OF OAKLAND SEWAGE DISPOSAL SYSTEMS
- GENERAL REGULATIONS .... : ......... ...... 14
ARTICLE III - OAKLAND COUNTY DRAIN COMMISSIONER
SEWAGE DISPOSAL SYSTEM - GENERAL REGULATIONS 22
ARTICLE IV - METHODOLOGY USED TO DETERMINE WASTEWATER
DISPOSAL SERVICE CHARGES - ALL SYSTEMS 30
ARTICLE V - RULES AND REGULATIONS ON SEWAGE METERING 39
ARTICLE VI - GENERAL WASTEWATER DISPOSAL REGULATIONS 41
ARTICLE VII - SEPARABILITY CLAUSE .......... 72
la 4 L 110 •1771.114.1.11.1.0 sag-8-.1-.....a54t05..,..11, ii
ii
PREAMBLE TO REGULATIONS
It is the purpose of these Regulations to protect public
health and safety by abating and preventing pollution through
the regulation and control of the disposal of sewage and the
quantity and quality of wastes admitted to be discharged into
the wastewater collection and treatment system of the County of
Oakland, the Oakland County Department of Public Works, and the
Oakland County Drain Commissioner.
It is the further purpose of these Regulations to enable
the County of Oakland and the governmental authorities with
which it has contracted to provide a public sewage disposal
system for properties within the County to comply with the
requirements of applicable state and federal laws, including
the Federal Water. Pollution Control Act of 1972, as amended;
the State of Michigan Act No. 245 of 1929, as amended; the
Federal District Court Consent judgment and Settlement
Agreement, United States District Court, Eastern, District of
Michigan, Southern Division, C.A. No. 77-1100; and the
applicable rules and regulations pertaining to said Acts; and
the requirements of applicable National Pollutant Discharge
Elimination System Permits. Further, these Regulations are
intended to enable the County of Oakland to comply with State
of Michigan Act No. 185 of Public Acts 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 or authorized agents in the County
of Oakland. State of Michigan; and to provide a uniform policy
for rates for wastewater disposal service.
AUTHORITY
-
By virtue of the obligations and authority placed upon the
County of Oakland and the City of Detroit by the Federal Water
Pollution Control Act; the Constitution of the State of
Michigan; the State of Michigan Act No. 245 of the Public Acts
of 1929, as amended.; National Pollutant Discharge Elimination
System Permit for the City of Detroit Publicly-Owned Treatment
Works; the Federal District Court Consent Judgment pertaining
to L.T.S EPA v City of Detroit, et a1, C.A. No. 77-1100, as
amended; the Urban Cooperation Act of 1967, as amended; Public
Act No. 35 of 1951, as amend0d; and existing or future
contracts between the County of Oakland, the Oakland County
Department of Public Works, the Oakland County Drain
Commissioner, and the Board of Water Commissioners of the City
of Detroit, or by virtue of common law usage of the system,
these Regulations shall apply to every municipality and every
property and property owner which is a source of sewage and/or'
which contributes or causes to be contributed pollutants or
wastewater to the Evergreen-Farmington Sewage Disposal System
and/or the Clinton-Oakland Sewage Disposal System and/or the
Huron-Rouge Sewage Disposal System and/or the Southeastern
Oakland County Sewage Disposal System and/or. the City of
Detroit Publicly-Owned Treatment Works,
ARTICLE I
DEFINITIONS
When used in these Regulations, the following terms shall
have the meanings described in this Section unless the context
specifically indicates a different meaning:
"Act" or "the Act" shall mean the Federal Water Pollution
Control Act, P.L. 92-500, also known as the Clean Water
Act, as amended, 33 U.S.C. 1251, et seg.
".AppeKqyaluthority - shall mean the Michigan Department of
Natural Resources or the Environmental Protection Agency.
"As Built Plans" shall .mean engineering drawings prepared
after installations of wastewater facilities which 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, 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 (a) a corporate Officer, if the industrial user is a
corporation; (2) a general partner or proprietor, if the
industrial user is a partnership of proprietorship,
respectively; or (3) 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 corporation, partnership, or
proprietorship representative for responding to discharge
inquiries or actions.
"Biochemical Oxygen Demand (BOD)" shall mean the quantity
of dissolved oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure five
(5) days at 20° Centigrade expressed in terms of weight and
concentration (milligrams per liter (mg/1)1 as measured by
standard methods.
•'Board" shall mean the Board of Water Commissioners of the
City of Detroit.
-1 -
"Building' Drain" shall mean that part of the lowest
horizontal piping of a drainage system which receives
discharge from soil, waste, and other drainage pipes inside
the walls of the building and conveys it to the building's
sewer (house sewer). The latter begins five (5) 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 the sanitary
sewage originates to the public sewer or other place of
disposal and conveys the sewage of but one -(1) building.
"Categorical Standards" shall mean the National Categorical
Pretreatment Standards or a pretreatment standard as
promulgated under authority of the Act, 40 CFR 403.
"CheMical_Oxygen_Demand (COD)" shall mean a measure of the
oxygen-consuming capacity of inorganic and organic matter
present in water or wastewater. It is expressed as the
amount of oxygen consumed from a chemical oxidant in a
specified test. It does not differentiate between stable
and unstable organic matter and thus does not necessarily
correlate with biochemical oxygen demand. Also known as OC
and DOC, oxygen consumed and dichromate oxygen consumed,
respectively.
"Chlorine Demand" shall mean the difference between the
amount of chlorine applied and the amount of free chlorine
available at the end of the contact time, expressed in
milligrams per liter.
"Combined Sewer" shall mean a sewer receiving both surface
runoff and sewage.
"Comptible Pollutant" shall mean BOD (biochemical oxygen
demand), FOG (fats, oils or grease), phosphorus, suspended
solids, and fecal coliform bacteria, plus other pollutants
which do not exceed the Control Authority's interference or
pass-through limitations or the. limitations of these
Regulations.
'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 wastestream which are combined
into one (I) sample.
"Consent Judgment" shall mean the judgment -issued by
Federal District Court on September 14, 1977, U.S. EPA v
City of Detroit, et el, C.A. No. 77-1100, as amended.
"Control Authority" shall mean the Detroit Water and
Sewerage Department (DWSD) which has been officially
designated as such by the state under the provisions of 40
-2-
CFR 403.12 or authorized representatives or employees of
the DWSD.
"Control Manhole" shall mean a suitable manhole, together
with such necessary meters, including 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 the County of Oakland, State of
Michigan, or its authorized,representative(s).
"County_ Agency" shall mean the Oakland County Drain
Commissioner or the Oakland County Department of Public
Works.
"Coolinq Water" shall mean the non-contact water discharged
from any use such as air conditioning, cooling, or
refrigeration to which the only pollutant added is heat,
"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_
"Days" shall mean, for purposes of computing a period of
time prescribed or allowed by these Regulations,
consecutive calendar days,
"Direct Discharae" shall mean the discharge of treated or
untreated wastewater directly into the waters of the State
of Michigan.
"Director" shall mean the Director of the Detroit
Department Of Water and Sewerage or the Director's deputy.
"Domestic User" shall mean a person who contributes, causes
or permits wastewater to be discharged into the
publicly-owned treatment works from a place of domicile for
one (1) or more persons, including, but not limited to,
single-family houses, apartment buildings, condominiums,
townhouses and -mobile homes. It shall also mean churches,
schools and government office buildings.
"Dwelling" shall mean any structure designed for year-round
habitation including, but not limited to, houses, mobile
homes, apartment 'buildings, condominiums and townhouses.
"Environmental Protection Agency ." or "EPA" shall mean the
United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation for
the administrator, or other authorized official of said
federal agency.
or Grease (FOG)" shall Mean any hydrocarbons,
fatty acids, soaps, fats, waxes, oils, and any other
non-volatile material of animal, vegetable, or mineral
origin that is extractable by solvent in accordance with
standard methods.
"Federal Grant" shall mean a grant made or to be made for
the construction of wastewater collection, transportation,
and/or treatment works provided under the Act, P.L. 92 -500,
as amended.
"Flow Proportional Sample" shall mean a composite sample
taken with regard to the flow rate of the wastestream.
"Footing_ Drain" shall mean a pipe or conduit which is
placed around the perimeter of a building foundation 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 of putresoible organic
matter and its natural moisture content.
"Properly. Shredded Garbage" shall mean the waste from the
preparation', cooking and dispensing of foods 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 (1/2) 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_SaITTle" shall mean a sample which is taken from a
wastes'Eream on a one-time (1) basis without regard to the
variations in flow rate, but which shall reasonably reflect
the characteristics of the wastestream at the time of
sampling.
"Ground Water" shall mean subsurface water occupying the
saturation zone, from which wells and springs are fed.
"Holding _Tank Waste" shall mean any waste from holding
tanks such as vessels, chemical toilets, campers, trailers,
septic tanks, and.. vacuum-pump tank trucks.
"Incompatible Pollutants" shall mean any pollutant which is
not a compatible pollutant.
"Indirect Disoharae" shall mean the discharge or the
introduction of Pollutants from any non-domestic source,
regulated under Section 307(b), (c), or (d) of the Act (33
U.S.C. 1317), into the publicly-owned treatment works.
-4-
"Industrial User" shall mean a person who contributes,
causes, or permits wastewater. to be discharged into the
publicly-owned treatment works from a place of business,
endeavor, arts, trade, or commerce, whether public or
private, commercial or charitable. Domestic users are .
specifically excluded.
"Industrial Waste" shall mean the discharge into the
publicly-owned treatment works of any liquid, solid, or
gaseous waste or form of energy, or combination thereof,.
resulting from any processes of industry; manufacturing,
business, trade, or research, including the development,
recovery, or processing of natural resources.
"Infiltration" shall mean any waters entering the system
from the ground, through.such means as, but not limited to,
defective pipes, pipe joints, connections or manhole
walls. Infiltration does not include and is distinguished
from inflow. :
"Infiltration/Inflow" shall mean the total quantity of
water from both infiltration and inflow,
"Inflow" shall mean any waters entering the system through
such sources as, but not limited to, building downspouts,
foOting or yard drains, cooling water discharges, seepage
lines from springs and •swampy areas, and storm drain cross
connections.
"Interference" shall mean a discharge by a user which,
alone or in conjunction with discharges by other sources,
inhibits or disrupts the publicly-owned treatment works or
its treatment processes or operations, or its sludge
processes, use or disposal, and which causes a violation of
any requirement of the publicly-owned treatment works' .
NPDES Permit (including an increase in the magnitude or
duration of a violation) or the prevention of sewage sludge
use or disposal by the publicly-owned treatment works in
accordance with the following statutory provisions and
regulations or permits issued thereunder (or more stringent
state or local regulations): Section . 405 of the Clean
Water Act, the Solid Waste Disposal Act (SWDA) [including
Title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCA), and. in c luding state
regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the SNDAj, the Clean Air
Act, the Toxic Substances Control Act, and the Marine
Protection Research and Sanctuaries Act.
"Laboratory Determination" shall mean the measurements,
tests, and analyses of the characteristics of waters and.
wastes in accordance with the methods contained in the
latest edition at the time of any such measurement, test,
analysIG of "Standa.T:d Methods for Examination..of Water
anj WasLewaLer," a joint- publication of the American Public
Health Association, the American Waterworks Association,
and the Water Pollution Control Federation or in accordance
with any other method prescribed by the rules and
regulations promulgated pursuant to federal or state law.
"Lateral Line" shall mean that portion of the sewer system
located under the street or within the street right-of-way
from the property line to the trunk line or interceptor and
which collects sewage from a particular property for
transfer to the trunk line or interceptor.. •
"Local" shall mean a prefix denoting jurisdiction by a
sub-county governmental subdivision.
"Municipality" shall mean any municipal corporation or
political subdivision or any governmental agency which
contracts with the County of Oakland for the transportation
of treatment of wastewater.
"National Categorical Pretreatment Standard" shall mean any
regulation containing pollutant discharge limits
promulgated by the EPA in accbrdance with Section 307(b)
and (c) of the Act (33 U.S.C. 1317) which applies to a
specific class or category of industrial users.
"National Pollution Discharge Elimination System (NPDES)
Permit" shall mean a permit issued to a publicly-owned
treatment works pursuant to Section 402 of the Act (33
U.S.C. 1342). •
"Natural Outlet" shall mean any outlet into a watercourse,
pond, ditch, lake, or other body of surface or ground water.
"New Source" shall mean any building, structure, facility,-
or installation from which there is or may be a discharge ,
of pollutants, the construction of which is commenced after
the publication of the proposed National Categorical .
Pretreatment Standards under Section 307(c) of the Act,
which will be applicable to such source if such standards
are thereafter promulgated in accordance with that Section.
"Normal pomestic Strength Sewage" or "Normal Domestic
Strength 'llastewater shall mean a sewage or other
wastewater effluent which shall be a compatible pollutant
with DOD of 275 milligrams per liter or less, suspended
solids of 350 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.
"Obstruction" shall mean any object of whatever nature
which substantially impedes the flow of sewage from the
point of origination to the trunk line or interceptor.
-6-
This shall include, but nothe limited to, objects, sewage,
tree roots, rocks and debris of any type.
"Operation and Maintenance (OW" shall mean all work,
materials, equipment, utilities and other effort required
to operate and maintain the wastewater transportation and
treatment system consistent with insuring adequate
treatment of wastewater to produce an effluent in
compliance with the NPDES Permit and other applicable state
and federal regulations, and includes the cost of
replacement.
"Owner" shall mean the owners of record of the freehold of
the premises or lesser estate therein, a mortgagor or
vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, or other person- firm or
corporation in control of a building.
"Pass -Through" shall mean the discharge of pollutants
through the publicly-owned treatment works into navigable
waters in quantities or concentrations which, alone or
conjunction with discharges from other sources, is a, cause
of violation of any requirement of the publicly-owned.
treatment works' NPDES Permit (including an increase in the
magnitude or duration of a violation).
"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, or any combination thereof. . The masculine gender
shall include the feminine; the singular shall include the
plural where indicated by the context.
"pH" shall mean the negative reciprocal of the logarithm of
the hydrogen concentration. The concentration is the
weight of hydrogen-ions, in grams per liter of solution.
"Pollutant" shall mean any substance or energy added or
introduced into the user's water source.
"Pollution" shall mean the human made or human induced
degradation or impairment of the chemical, physical,
biological or radiological integrity of water.
"Pretreatment" shall mean the reduction of the amount of
pollutants, the removal of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into the
publicly-owned treatment works. The reduction, removal or
alteration may be attained by physical, chemical or
biological processes, or process changes by other means,
except as prohibited by federal, state or local law, rules
and regulations.
uPretreatment Requirements" shall mean any substantive or
procedural requirements related to pretreatment other than
a national categorical pretreatment standard imposed on an
industrial user.
"Private" shall mean a prefix denoting jurisdiction by a -
non-governmental entity,
"Public" shall mean a prefix denoting jurisdiction by any
governmental subdivision or agency.
"Public _Sewer" shall mean a common sewer controlled by a
governmental agency or public utility.
"Publicly-Owned Treatment Works (POTW)" shall mean a
treatment works as defined by Section 212 of the Act (33
U.S.C, 1292), which is awned in this instance by the City
of Detroit. This definition includes any sewers that
convey wastewater to the POTW treatment plant. For the
purposes of these Regulations, "Publicly-Owned Treatment
Works" or "POTW" shall also include any sewers under the
jurisdiction of a municipality and/or the County of Oakland.
"PubliclyTOwned Treatment Plant" or •"POTW Treatment Plant"
shall mean that portion of the publicly-owned treatment - -
works designed to provide treatment to wastewater,
including recycling and reclamation of wastewater.
"Reolacement" shall mean the replacement in whole or in
part of any equipment, appurtenances and accessories in the
wastewater transportation or treatment systems to insure
continuous treatment of wastewater in accordance with the
NIDDES Permit and other applicable state and federal
regulations.
"Sanitary Sewer" shall mean a sewer which carries sewage
and to which storm, surface and ground waters are not
intentionally admitted.
"Sep_arate" shall mean a prefix denoting a wastewater
transmission facility or sewer which is intended to
transport sanitary wastewater only.
"Service Area" shall .mean any area whose wastewater is
received by a municipality or the County of Oakland for the
transmission for treatment by the City of Detroit DWSD.
"Sewage" or "Wastewater" shall mean spent water which may
be a combination of the liquid and water-carried wastes
from residences, commercial buildings, industrial plants,
institutions, or other land uses, including drainage water
and ground water inadvertently present in said waste.
-8-
"Sewage Treatment Plant"- or "Wastewater Treatment Plant"
shall mean any arrangement of devices and structures used
for treating sewage.
"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 intending to receive
both wastewater and storm or surface or drainage
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) "Intercepting_ Sewer" - a sewer that received .
dry-weather flow from a number of transverse
sewers of outlets and frequently additional
predetermined quantities of storm water (if from
a combined system) and conducts such waters to a
• point for treatment of disposal.
(f) "Lateral Sewer" - a sewer which is designed to
receive a building sewer.
(g) "Municipal Sewer" - a public sewer exclusive of
a County sewer or City of Detroit 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 waste from residences, -
commercial buildings, industrial plants, and
institutions, together with minor quantities of
ground, storm, and surface waters and drainage
water and are not admitted intentionally.
"Storm Sewer" - a sewer that carries storm water
and surface water, street wash and other wash
waters, or drainage, but excludes domestic
wastewater and industrial wastewater. Also
called a storm drain.
(k) "Trunk Sewer" or Trunk Line" - a sewer which
connects the lateral sewer to the intercepting
(j)
ewer and to which building sewers may be
connect-ed,
"Sewer Service Charcje" shall mean the sum of the applicable
user charge, surcharges and debt service charges.
°Shall" is mandatory; "May" is permissive.
"Sigpi_fcaht_Users" shall mean any industrial user of the
POTW as defined hereinwho (i) has a discharge flow of
50,000 gallons or more per average workday, exclusive of
storm water and sanitary wastewater; or (ii) has discharges
subject to the National Categorical Pretreatment Standards;
or (iii) requires pretreatment to comply with the specific
pollutant limitations of these Regulations; or (iv) has, in
its discharge, toxic pollutants as defined pursuant to
Section 307 of the Act, or other applicable federal and
state laws and regulations which are in concentrations and
volumes that are subject to regulation under these
Regulations as determined by the control authorities; or
(v) is required to obtain a permit for the pretreatment,
storage, or disposal of hazardous waste pursuant to
regulations adopted by the state' or adopted under the
Federal Solid Waste Disposal Act, as amended, by the
Federal Resource Conservation and Recovery 'Act and any
amendments thereto and who may or does contribute or allow
Waste or wastewater into the POTW including, but not
limited to, leachate or runoff; or (vi) is found by the .
Control Authority to have significant impact, either singly
or in combination with other contributing industries, on
the POTW, the quality of sludge, the POTW's effluent
quality, or air emissions generated by the POTW.
"Slug" shall mean any pollutant released in a discharge at
a flow rate and/or concentration which will cause
interference or pass-through at he POTW as determined by
the Control Authority.
"Standard Industrial Classification (SIC)" shall refer to a
classification pursuant to the Standard industrial
Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, 1972, as
amended.
"Standard Methods" shall mean the laboratory procedures set
forth in the latest edition, at the time of analysis, of
"Standard Methods for the Examination of Water and
Wastewater" prepared and published jointly by the American
Public Health Association, the American Water Works
Association, and the Water Pollution Control Federal, or
methods set forth in 40 C.F.R. 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 C.F.R. 136 shall be followed.
—10 —
"State" shall mean the (State of Michigan.
"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:
(a) All water on the surface as distinguished from
ground water or subterranean water,
(b) Water appearing on the surface • in a diffused
state, with no permanent source of supply or
regular course for any considerable time, as
distinguished from water appearing in
watercourses, lakes, or ponds.
"Surcharge" shall mean an additional charge which may be
imposed to cover the cost of treatment of excess strength
wastewater discharged by any customer.
"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 filtration or as measured by standard methods.
"Total Equivalent Master Metered Water Consumption" shall
mean the equivalent to the total amount of potable water
used by a municipality as recorded by a master water meter
for sewered premises,'. and shall include, but not be limited
to, fire protection water, gardening and lawn water.
"Toxic Pollutant" shall mean any pollutant or combination
of pollutants designated as toxic in regulations
promulgated by the Administrator of the United States
Environmental Protection Agency under the provisions of
Section 307(a) of the Clean Water Act, 33 U.S.C. 1317, or
included in the critical materials register promulgated by
the Michigan Department of Natural Resources, or other
federal or state laws, rules or regulations.
"Uncontaminated Industrial Waste" or "Unpolluted Industrial
Process Water''. shall mean industrial process water or
cooling water which has not come into contact with any
substance used in or incidental to industrial processing
operations and to which no chemical or other substance has
been added, and which is completely compatible with
applicable stream standards, excepting thermal limitations,
"Upset" or "Upset Condition" shall mean an exceptional
incident in which there is an unintentional or temporary
non—compliance with limits imposed under these Regulations
or with National Categorical Pretreatment Standards because
of factors beyond the reasonable control of the industrial
user. An upset does not include non-compliance to the
extet.tt caused by operational - error, improperly designed
treatment facilities, inadequate treatment facilities, lack
of preventative maintenance, or careless or improper
operation.
"User" shall mean any person who contributes, causes or
permits the discharge of wastewater into the publicly-owned
treatment works as defined herein.
"User Charge" shall mean a charge levied on users of a
treatment works for the cost of operation and maintenance
of sewerage works pursuant to Section 204(b) of P.L. 92-500
and includes the cost of replacement.
"Wastewater" shall mean the liquid and water-carried
industrial or domestic wastes of dwellings, commercial
buildings, industrial facilities and institutions, whether
treated or untreated, which are contributed to or permitted
to enter the publicly-owned treatment works. Wastewater
may also contain infiltration and inflow waters and cooling
water.
"Wastewater Facilities" shall mean the structures,
equipment and processes required to collect, carry away,
and treat domestic and industrial waste, and dispose of the
effluent;
"Watercourse" shall mean a channel in which a flow of water
occurs, either continuously or intermittently.
."Waters of the State" shall refer to all streams, lakes,
ponds, marshes, watercourses, waterways, wells, springs,
reservoirs, acquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or
private, which are contained within ., flow through, or
border upon the state or any portion thereof.
"Wastewater Discharge Permits" shall mean permits issued by
the Control Authority or its designated representative as
set forth in Article VI of these Regulations.
ABBREVIATIONS
The following abbreviations shall have the designated
meanings:
(a) BUD - Biochemical Oxygen Demand
(b) CFR - Code of Federal Regulations
-12-
(c) COD - Chemical Oxygen Demand
(d) DWSD - Detroit Water and Sewerage Department
(e) EPA - Environmental Protection Agency
(f) FOG - Fats ., Oil or Grease
(g) 1 - liter
(h) MDNR . - Michigan Department of Natural Resources
(i) mg - milligrams
(j) mg/1 - milligrams per liter
(k) NPDES - National Pollutant Discharge Elimination
System.
(1) P - Phosphorus
(m) POTW - Publicly-Owned Treatment Works
(n) RCRA - Resource Conservation and Recovery Act
(o) SIC_ - Standard Industrial Classification
(p) SICM - Standard Industrial Classification Manual
(q) SS •• Suspended Soils
(r) SWDA - Solid Waste Disposal Act, 42 U.SX. 6901,
et seg
(s) O&M -.Operation and Maintenance. .
(t) TSS -.Total Suspended Solid
(u) USC -.United States Code
(v) CWA - Clean Water Act
ARTICLE II
OAKLAND COUNTY DEPARTMENT OF PUBLIC WORKS
COUNTY OF OAKLAND SEWAGE DISPOSAL SYSTEMS
GENERAL REGULATIONS
All sanitary sewer systems connected directly or indirectly
into the intercepting sewer or sewers of the Oakland County
Department of Public Works shall meet the following
requirements:
Section ,l. Plans, Permits and Bonds,
A. Prior to connection and prior to start of
construction, all sanitary 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 connection 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 determined necessary by the Department of
Public 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 One Hundred Fifty Dollars
($150.00) for each connection plus Fifteen Dollars
($15.00) for each new manhole constructed.
Inspection requested during other than normal working
hours shall be performed only if deemed necessary by
the Oakland County Department of Public Works. The
fee for such inspection shall be Two Hundred Fifty
Dollars ($250.00) per day minimum, in addition to the
normal connection permit fee.
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 Fifty Dollars ($50.00) will be made by the Oakland
County Department of Public Works, shall be obtained
—14—
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 twenty-four (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 determined by the Department of Public Works.
E, Prior to construction and during the life of permits
obtained in accordance with Paragraphs 1(3), I(C) and
1(D) 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 Jdeposit 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 (10) 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 therefor, 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 cAiher or
the contractor, then the cost of such work shall be
deducted from the aforementioned cash deposit.
-15-
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 Public 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.
Section 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.
Section 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 twenty-four (24).inch -diameter shall
be subjected to infiltration tests. All sewers of
twenty-four (24) inch diameter or smaller where the
ground water level above the ton of the sewer is over
seven (7)feet shall be subjected to an infiltration
test.
Maximum allowable infiltration shall not exceed two
hundred fifty (250) gallons per inch of diameter per
mile of pipe per twenty-four (24) hours for the •
overall project. Maximum allowable infiltration shall
not exceed five hundred (500) gallons per inch of
diameter per mile of pipe per twenty-four (24) hours
for any individual run between manholes.
B. Air Test or Exfiltration Test.
All sewers of twenty -four (24) inch diameter or less,
where the ground water level above the top of the
sewer is seven -(7) feet or less, shall be subjected to
air tests or exfiltration tests.
For exfiltation 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 three and
one-half (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 t0.04 PSIG.
The sewer shall be pressurized to four (4) PSIG
greater than the greatest back pressure caused by
ground water over the top of the sewer pipe. At least .
two (2) minutes shall be allowed for the air pressure
to stabilize between three and 5/10 (3.5) and four (4)
PSIG, if necessary, air shall be added to the sewer
to maintain a pressure of three and 5/10 (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 three and 5/10 (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 one
and 0/10 _(1.0) PSIG during the test shall not be less
than the time shown in the "Oakland County Department
of Public Works Air Test Tables."
Manholes on sewers to be subjected to air tests shall
be equipped with a one-half (1/2) inch diameter
galvanized capped pipe nipple extending through the
manhole, three (3) inches 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
-17-
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 satisfactory
results are obtained.
All visible leaks and cracks shall be repaired
regardless of test results.
Section 4. Storm and Ground Water Control.
A. Yard drains, patio drains, catchbasins, 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(B).
B. Perimeter and footing drains from buildings existing
before December 16, 1968 shall not be required to
disconnect from the sanitary sewer system, provided
that federal, state' or local law or regulation does
not require, or may not require subsecruent to the
adoption of these standards and- regulations, the
disconnection of such perimeter and footing drains.
C. The crock to iron joint shall be sealed by 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,
Section 5, Building Sewers.
House connection sewer from lateral sewer in street or
easement to within five (5) feet from house shall he:
A. Six (6) inch diamoter Extra Strength Vitrified Sewer
Pipe, manufactured in accordance with current NCPI
Designation ER 4-67 Standards, or equal, with DPW
approved premium joint, or
B. Six (6) inch diameter Class 2400 Asbestos Cement Pipe
with Ring-Tite, Fluid-Tite or DPW approved joint, or
C. Six (6) inch diameter, service strength, cast iron
soil pipe with hot poured lead joint, or DPW approved
equal, or
D. Six (6) inch diameter Extra Strength (ES) solid wall
pipe extruded from Acrylonitrile-Butadiene-Styren
(ABS) plastic meeting the minimum cell classification
2-2-3 as defined in ASTM Specification D1788-68.
E. ,Other pipe and joints as may be approved by the
Oakland County Department 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 systems.
House connection sewers shall be six (6) inch minimum
diameter, except that four (4) .inch pipe 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
exfiltration, shall not exceed the requirements of
Paragraph (3) of these Regulations.
Section 6. Septic Tank Abandonment and Waste Disp2sal.
A. Prior to connecting an individual building sewer to
the sewers of the County of Oakland, either directly
or indirectly, all exiting 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.
-19-
Section 7. Ownership, Operations and Maintenance
Re§ponsib.ijity.
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,
operated 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.
Section 8. Manholes.
A. All manholes constructed on sanitary sewer systems
shall be provided with lid frames bolted to the cone
section. of the manhole with rubber 0-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 accomplishedby
using precast concrete adjustment rings bolted to the
cone section of the manhole with rubber 0-ring gaskets
compressed between each adjacent ring.
Mortar and brickwork adjustment at the top of manholes
will not he allowed. All manhole riser, and cone
sections shall have modified 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 he -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.
Section 9. As-Built Plans.
Prior to the acceptance of any sewer system and prior to
the removal of the bulkhead as required in Paragraph 2 (except
under extenuating circumstances as may be approved by the
Director) as-built plans shall be provided 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 joints used.
Section 10.
All combined sewer systems connected directly or indirectly
to the intercepting sewer or sewers of the County of Oakland
.shall meet the following requirements:
A. Paragraphs (1), (2), (5), (6), (7), (8) and (9) are
required for sanitary sewer system connecting to .
interceptor sewers of the County of Oakland as
hereinbefore mentioned.
B. Prior to acceptance of the system and prior to removal
of the bulkhead as required under Paragraph (9) of
these general regulations, all -combined sewer systems
shall be subjected to an infiltration test in
accordance with the infiltration requirements of the
Oakland County Department of Public Works as outlined
in Paragraph (3) of these general Regulations. Said
test shall be witnessed by the Oakland County
Department of Public- Works.
C. Downspouts and footing drain tile may be connected to
a combined sewer if perMitted by the local unit of
government.
D. No requirements of the Oakland County Department of
Pubic Works, or permits issued hereunder by said
department shall relieve the property owner of
complying with all the rules and regulations of the
local unit of government, wherein such property is
located, when such rules and regulations are not in
conflict with the requirements of the Department of
Public Works.
- E. All sewer construction shall comply with the "General
Specifications" Of the Oakland County Department of
Public Works. Copies of said specifications may be
obtained from the Office of the Department of Public
Works.
F, Construction of new combined sewer systems shall be
prohibited except when no prudent or feasible
alternative exists.
-21-
ARTICLE III
OAKLAND COUNTY DRAIN COMMISSIONER
SEWAGE DISPOSAL SYSTEM
GENERAL REGULATIONS
Procedures and regulations governing the granting of
permits to connect into the Twelve Towns Relief Drains directly
and to all other County drains that are tributary directly or
indirectly to the facilities under the jurisdiction of the
Southeastern Oakland County Sewage Disposal System.
Section 1. • General.
A. Each municipality is requested to furnish an
up—to—date plan of its sewerage system. Plan should
include the location,- size and direction of flow in
all existing sewers. Sewers should he identified as
separated or combined. Pumping stations, • flow
regulation and diversion structure should be shown.
B. Plans for laterals shall be submitted in the name of
the municipality by the municipal officials or a firm
of consulting engineers officially authorized to do
so. Generally, this authority will be vested in the
City engineer or a single firm of consulting engineers
retained as the City engineer.
All plans submitted to this office shall bear the
signature of the above designated official.
C. A letter requesting the approval of plans by the
Oakland County Drain Commissioner's Office and the
Water Quality Division of the Michigan Department of
Natural Resources (formerly known as the Michigan
Health Department) shall be addressed to the Oakland
County Drain Commissioner and be accompanied by a
minimum of five (5) sets of plans. Upon approval of
the plans, the Drain Commissioner's Office will retain,
. one (1) set and forward the remaining sets to the
Michigan Department of Natural Resources along with a
letter requesting their approval. Copies of this
letter will be sent to the applicant municipality and
the consulting engineer. The Michigan Department of
Natural Resources, upon their approval of the plans,
will return at least three (3) sets of approved plans
bearing the construction permit number to the
applicant municipality. The applicant municipality
will keep one (1) set, send one (1) set to the Oakland
County Drain Commissioner and send one (1) set to the
consulting engineer. In the event that the applicant.
municipalityor consulting engineer require an extra
set of approved plans, additional sets shall be
included with the initial request for approval.
D. Plan Detail:
Plans submitted to this office for review must meet
the following requirements:
(a) General location plan which shows the
relationship to existing sewerage facilities,
including outlet sewer interceptors pumping
stations, etc.
(b) Detail plan and profile drawings along with
criteria of hydraulic design (storm frequency, _
line capacity, line velocities,- tributary areas,
etc.).
(c) Material and construction standards, regular and
special.
(d) Desirable scale and size for plan and profile
drawings are:
(1) Horizontal Scale; 1" = 100', 1" = 50'
(2) Vertical Scale: 1" = 10, 1" = 5'
(3) Plan Size: 24" x 36"- -
Section 2. Regulations Governing Connections in Combined Sewer
Areas (Including Twelve Towns Relief Drains and CouilLy_C22RbiReLLI
Drains Tributary Thereto),
A. A connection permit must be obtained prior to
connection from the Oakland County Drain
Commissioner's Office, No. 1 Public Works Drive,
Pontiac, Michigan (853-0958). A legal description of
the property to be served by the connection is
required.
B. The fee as determined by the Drain Commissioner for
connection permits shall be One Hundred Fifty Dollars
($150,00) which is to cover the cost of the inspection
of the tap.
C. The connection to the County drain will be made under
the supervision of an inspector from the Drain
Commissioner's Office in accordance with approved
plans of said connection.
-23-
D. A minimum of twenty-four (24) hours' notice (excluding
Saturday, Sunday, and holidays) must be given prior to
tap to enable this office to arrange for inspection.
E. Requests for inspection shall be directed to the
technician charged with the responsibility of -permit
issuance (858-0978).
F. All lines connected to County drains shall be clean
(free from silt, dirt, debris, etc.).'
G. Yard drains, catchbasins, downspouts, weep tile,
perimeter drains or -other structures used for the
collection and conveyance of storm water will be
_permitted to outlet into the County combined drains,
provided said properties lie within said combined
drainage district.
H. The contractor, during the construction of a lateral,
shall install a suitable bulkhead to prevent sand,
silt, dirt or other debris, from entering the County
drain, Upon work completion and removal of any debris
that may have collected, the contractor shall contact
the Inspection Office for permission to remove the
bulkhead.
I. A connection from any industrial plant or facility
.using chemical processes shall be provided with a
readily available sampling point (manhole or
equivalent).
J. All wastes discharged into County drains- shall meet
the standards as specified in the current Detroit
ordinance governing domestic and industrial wastes.
Section 3. Regulations to Prevent the Discharge of Storm and
Ground Water Into the Southeastern System From Those Areas
Lying Outside the Designated Combined Sewer Area.
A. • All sanitary sewer systems* (lying in these areas of
the S.O.C.S.D.S. district, designated as separated) to
be connected directly or indirectly into the-
intercepting sewer or sewers of the S.O.C.S.D.S. prior
to connection shall meet the following requirements:
(a) A connection permit shall be obtained by the
owner or contractor from the Oakland County Drain
*SystE defined as a lateral having two (2) or more
connections. A construction permit from the Michigan State
Depattme of Natural Resources is required for a sewer system.
Commissioners 'Office. Said connection permit
shall show the location of the work, the extent
of the work, information regarding the
contractor, the owner and the engineer, the
scheduled date of infiltration test and any-other
pertinent information as shall be determined
necessary by the Oakland County Drain
Commissioner. A fee shall be charged for said
permit to cover the cost of inspection of the
connection and system connected.
(b) Al). 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 Drain Commissioner's
Office,
Infiltration Test.
All sewers over twenty-four (24) inch diameter
shall be subjected to infiltration tests, All
sewers of twenty-four (24) inch diameter or .
smaller where the ground water level above the
top of the sewer is over seven (7) feet shall be
subjected to an infiltration test.
Maximum allowable infiltration shall not exceed
two hundred fifty (250) gallons per inch of
diameter per mile of pipe per twenty-four (24)
hours for the overall project.. Maximum allowable
infiltration shall not exceed five hundred (500)
gallons per inch of diameter per mile of pipe per
twenty-four (24) hours for any individual run
between manholes. . .
Air Test or Exfiltration Test.
All sewers of twenty-four (24) inch diameter or •
less, where the ground water level above the top
of the sewer is seven (7) feet or less shall be
subjected 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
--25-
plugged at each manhole. Such plugs shall be
designed to hold against the test pressure and
shall provide an airtight seal, One (1) 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
three and one-half (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
two (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 sower. 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 PSIG during the test shall not be
less than the time shown in the "Oakland County
Drain Commissioner's Air Test Tables:"
Manholes on sewers to be subjected to air tests
shall be equipped with a one-half (1/2) inch
diameter galvanized capped pipe nipple extending
through the manhole, three (3) inches 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,
satisfactory results are obtained.
All visible leaks and cracks shall be repaired
-regardless of test results.
B. Storm and Ground Water Control.
(a) Yard drains, patio drains, catchbasins,
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 yCounty system, except as
provided below.:
(b) Perimeter and footing drains from buildings
existing before July 23, 1981 shall not be
recruired to disconnect from the sanitary sewer
system, provided that federal, state or local law
or regulation does not require, or may not
require subsequent to the adoption of these
standards and regulations', the disconnection of
such perimeter and footing drains.
(c) The crock to iron joint shall be sealed by
approved flexible adaptor fittings such as those
manufactured by Fernco Joint Sealer Company, or
as approved by the Oakland County Drain
CcmJlissioner's office. 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.
Building_Sewers,
House connection sewer from lateral sewer in the
street or easement five (5) feet from house shall be:
(a) Six (6) inch diameter Extra Strength Vitrified
Sewer Pipe,. manufactured in accordance with
current NCPI Designation ER 4-67 Standards, or
equal, with Drain Commissioner approved premium
joint, or
(b) Six (6) inch diameter ABS Plastic Solid Wall
Sewer Pipe conforming to ASTM. designation D-2751
SDR 35 or 23.5, or
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(c) Six (6) inch diameter PVC Plastic Solid Wall .
Sewer Pipe conforming to ASTM designation ASTM
D-3034 SDP. 35 or ASTM D-2665 Schedule 40,
(d) Other pipes and joints as may be approved by the
Oakland County Drain Commissioner.
House connection sewers should be six (6) inch minimum
diameter; however, four (4) inch pipe of comparable
strength and joint material may be used if permitted
by the local unit of government. joints shall be
tight and when tested for infiltration, shall not
• exceed five hundred (500) U. S. gall:0ns per inch of
diameter, per mile, per twenty-four (24) hours,
The crock to iron joint shall be sealed by an approved
bituminous filler, enclosed in concrete to provide a
_watertight seal. 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, thereby providing that no water
from the excavated basement will enter the sanitary
sewer.
The municipality shall issue tau permits for each
structure that is connected into the S.0,C.S.D.S, and
be responsible to see that the above specifications
pertinent to materials and installations are followed.
D. The S.O.C.SA).S., through their agent, the Drain
Commissioner, shall, at his option, be permitted to
set up and operate flow metering equipment to gauge
sanitary flow, either on a temporary or permanent
basis, in any sanitary sewer lying within the said
"separated areas,"
E. Plans and specifications covering the construction of
all new sewers, both combined and sanitary (separate),
lying within the S.O.C.S.D.S: service area shall be
submitted to the office of the Oakland County Drain
Commissioner for review and approval prior to
construction.
F. The quality of domestic and industrial waste outletted
into the S.O.C.S.D.S. facilities shall conform to the
current City of Detroit ordinance pertinent to
domestic and industrial wastes. It is the contractual
obligation of the municipality, reference Section 16
of contract with County, to use S.O.C.S.D.S.
facilities, to enforce these standards.
G. No requirements of the S.0,C,S.D.S. or permits issued
hereunder by said system through their agent, the
Oakland County. Drain Commissioner, shall relieve the
p.1.1ptLy own..3t of complying with all the rules and
regulations of the local unit of government, wherein
such property is located, where such are not in
conflict with requirements of the S.O.C.S.D.S.
H. All sewer construction shall comply with the general
specifications of the Oakland County Drain
Commissioner; copies of said specifications may be
obtained from the Office of the Drain Commissioner.
Section Clinton—Oakland Sewage Disposal System,
n
ARTICLE IV
METHODOLOGY USED TO DETERMINE WASTEWATER DISPOSAL
SERVICE CHARGES
ALL SYSTEMS
The Regulations contained in .this Article are intended to,
establish the basis of payment and billing procedures for
wastewater disposal services provided by the County of Oakland
for the operation, maintenance and replacement of the system
and to provide for additional charges for excessive flow
volumes or unusual waste • concentrations. The rates for
wastewater disposal shall be established by the County Agency.
Rates so established will be reviewed as required by existing
statutes, agreements and/or regulations, but shall be reviewed
at least annually
A. Wastewater Disposal Report.
Each community shall report within fifteen (15) days
following the end of each calendar quarter the total
number of units -connected in their community to the
Clinton—Oakland Sewage Disposal System in accordance
with the current Oakland County Department of Public
Works - Schedule- of Unit Assignment Factors. For new
uses not listed as part of said schedule, the County
shall establish the unit assignment.
Each community shall report quarterly the total
metered water •consumption, where it is available, for
users other than residential that are connected to the
Clinton—Oakland Sewage Disposal System.
Wastewater Disposal Charge.
Residential Connections.
eased on the reported number of connected residential
units (including but not limited to single family,
multiple, mobile homes), each community shall pay a
flat rate charge per unit per quarter as established
from time to time by the County Agency.
Units shall be as determined by the current Oakland
County Unit Assignment Schedule, with a minimum
assignment of one (1) unit for each connection_
Commorcial, Industrial,Jnstitutional and Other
Connections,
Where metered water consumption is available for
users other than residential, each community
shall pay quarterly a rate per one thousand .
(1,000) C.F. of reported metered water
consumption.
(b) Where metered water consumption is not available,
for users other than residential, each community
shall pay quarterly a flat rate charge per unit
as determined by the above-mentioned Oakland
County Unit Assignment Schedule, with a minimum
assignment of one (1) unit for each connection.
Metered Sewage :Connections,
Where communities have individual sewer customers with
metered :sewage, permitted and approved in accordance
with the provisions of Article V of these Regulations,
then each community shall also report within fifteen
(15) days following the end of each calendar quarter
the total metered sewage within the community, in lieu
of connected units or water consumption.
Based on the quarterly report, each community shall
pay a charge per one thousand (1,000) cubic feet of
metered sewage, as established from time to time by
the County. The rate for sewage disposal based on the
metered sewage method shall be one hundred ten (110)
percent of the rate established for the water meter
method,
C. Penalty,
If any comniunity, either totally or in part,
demonstrates a peak flow that exceeds - 0.4 CFS per
equivalent one thousand (1,000) connected population
or an average annual flow that exceeds sixteen
thousand '(16,000) CF per unit for more than three (3)
months without making necessary corrections, then the -
County shall cause the corrections to be made to the
system and charge the community for all expenses. The
said sewage disposal service charge, including
penalty, if any, shall be payable quarterly. If any
municipality does not pay its service charge on the
date when the same becomes due, then there . shall be
added to such charge a penalty of one (1) percent for
each month or fraction thereof for which the same
remains unpaid,
(a)
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1- 4
5 - 10
11 - 20
21 - 32
33 - 64
65 - 100
101 - 200
5/8" and 3/4"
1-1/2"
2"
3"
4"
6 "
D. High Strength Surcharge.
A High Strength Surcharge shall be levied against
industrial users contributing sewage to the system
with concentrations of pollutants exceeding the levels
described as follows:
(a) Two hundred seventy-five (275) milligrams per
liter (mg/1) of Biochemical Oxygen Demand (BOD)
(b) Three hundred fifty (350) milligrams per liter .
(mg/1) of Total Suspended Solids (TSS)
(c) Twelve (12) milligrams per liter (mg/1) of
Phosphorus (P)
(d) One hundred (100) milligrams per liter (mg/1) of
Fats, Oils and Grease (FOG)
It is assumed that normal domestic customers do not
contribute sewage with concentrations of pollutants
exceeding the above levels, therefore, the ifigh
Strength Surcharge will not apply to domestic .
customers.
Further, the above "high strength surcharge" shall not
apply to restaurants per the Federal Courts "Second
Interim Order" dated July 10 1 1981.
E. Industrial Waste Control ChargeJIWC)_.
Each community shall report quarterly the total number
and size of water meters used by industrial users of
the system. Where metered water is not available,
then the community shall report quarterly the
"Assigned Water Meter Size" of industrial users of the
system in accordance with the following schedule:
Units Assigned in Accordance
with the Current Oakland County
Department of Public Works Schedule Assigned Water
of Unit Asstgnment Factors Size
Based on the reported number of water meter sizes,
actual and assigned, for industrial users of the
system, each community shall pay a quarterly
industrial sutcharge .asestablished from time to time
by the County.
Section 2. Southeastern Oakland County Sewage Disposal System.
A. Sanitary Wastewater Disposal Charge.
•
(a) Water consumption information for each city is
gathered from three (3) sources - The Detroit
Water and Sewer Department, the Southeastern
Water Authority, and the individual
municipalities. This information consists of
meter readings of the various master water meters
serving the S.O.C.S.a.S. communities. From these
meter readings the water consumption of each
municipality is determined. That consumption is
the basis for sanitary wastewater disposal
charges using rate per one thousand (1,000) cubic
feet established from time to time by the Drain
Commissioner,
(b) Where communities have individual sewer customers
with metered sewage, permitted and approved in
accordance with the provisions of, Article .V of
these Regulations, then each community shall also
report within fifteen (15) days following the end
of each calendar quarter the total metered sewage
within the community, in lieu of water
consumption.
Based on the quarterly report, each community
shall pay a charge per one thousand (1,000) cubic
feet of metered sewage, as established from time
to time by the county. The rate for sewage
disposal based on the metered sewage-method shall
be one hundred ten (110) percent of the rate
established for the master meter water method.
B. Storm Water Disposal_Charae.
The Southeastern Oakland County Sewage Disposal System
serves a district of approximately 46,000 acres with
approximately 24,400 of those acres being a combined
sewer area. During dry weather flow, all sewage is
piped to the City of Detroit for treatment. During
storm events the district is only allowed to send 260
cubic feet per second to the City of Detroit for
treatment. The district maintains the Pollution
Control Facility, a treatment and retention facility,
to hold excess combined sewage to its capacity during
these storm events and later pumps this combined
.sewage to Detroit for treatment. A storm water charge
is imposed on those communities within the district
that have combined sewers.
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The storm water charge is based upon the total acreage
within the community which is. served by combined
sewers and a runoff coefficient assigned to the land
use for that acreage. From these two factors the
district has established a percentage of storm water
contributed by each community within, the district.
That percentage is applied to the master meter reading
less the water sales billed to determine the volume of
storm water to be paid for by each community. The
cost of operating and maintaining the Pollution
Control Facility added to the charges imposed by the
City of Detroit for treatment of the storm water .
establishes the total cost for storm .water treatment
to those contributing. Therefore, the storm water
disposal charges are determined using a rate per 1000
cubic feet established from time to time by the Drain
Commissioner.
C. High Strength Surcharge.
A High Strength Surcharge shall be levied against
industrial users Contributing sewage to the system
with concentrations of pollutants . exceeding the levels
described as follows:
(a) Two hundred seventy-five (275) milligrams per -
liter (mg/1) of Biochemical Oxygen Demand (BOO)
(b) Three hundred fifty (350) milligrams per liter
(mg/1) of Total Suspended Solids (TSS)
(c) Twelve (12) milligrams per liter (mg/1) of
Phosphorus (P)
(d) One hundred (100)milligrams, per -liter (mg/1) of
Fats, Oils and Grease (FOG)
It is assumed that normal domestic customers do not
contribute sewage with concentrations of pollutants
exceeding the above levels, therefore, the High
Strength Surcharge will not apply to domestic
customers.
Further, the above "High Strength Surcharge" shall not
apply to restaurants per the Federal Court's "Second
Interim Order" dated .July 10, 1981.
D. Industrial Waste Control Charge (TWC).
Each community shall report quarterly the total number
and size of water meters used by industrial users of
the system. Where metered water is not available,
then the community shall report quarterly the
Assigned Water
Meter Size
5/8" and 3/4"
1-1/2"
2"
3"
4"
6 "
"Assigned Water Meter Size" of industrial users of the
- system in accordance with the following schedule:
Units Assigned in Accordance
With the Current Oakland County
Department of Public Works Schedule
-• of Unit Assignment Factors
1 - 4
5 - 10
11 - 20
21 - 32
33 - 64
65 - 100
101 - 200
Based on the reported number of water meter sizes,
actual and assigned, for industrial users of the
system, each community shall pay a quarterly
industrial surcharge as established from time to time
by the County.
E. Penalty.
If any municipality does not pay its service charge on
the date the same becomes due, then there shall be
added to such charge a penalty of one (1) percent for
each month or fraction thereof for which the same
remains unpaid.
Section 3. Evergreen-Farmington Sewage Dislposal_Sy§_tem.
A. Wastewater DisposalCharge.
(a) Each community shall report -within ten (10) days
following the end of each calendar quarter the -
total equivalent master metered water consumption
in the District served by the System. • Where
master metered water consumption is not
available, individual metered water consumption
times 1.108 shall be equivalent to master metered
water consumption. Where metered water
consimption is not available, then a consumption
assigned by the County shall be the equivalent
master metered water consumption, for each unit
assigned to the user in accordance with the
current Oakland County Department of Public Works
Schedule of Unit Assignment Factors, with a
minimum assigropent of one (1) unit for each
connection.
Based on the quarterly report, each community
shall pay a charge per one thousand (1,000) cubic
feet of eouivalent master metered water
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consumption, as established from time to time by
the County.
(b) Where communities have individual sewer customers
with metered sewage, permitted and approved in
accordance with the provisions of Article V of
these regulations, then each community shall also
report within ten (10) days following the end of
each calendar quarter the total metered sewage
within the community. Communities that have
metered sewage customers shall deduct the
individual metered water consumptions of those_
customers from their quarterly Water consumption
report.
Based on the quarterly report, each comnunity
shall pay a charge per one thousand (1,000) cubic
feet of metered sewage, as established from time
to time by the County. The rate for sewage
disposal based on the meteredsewage method shall
be 110% of the rate established for the master
meter water method.
B. Storm Water Disposal charge..
Each community that disposes of storm water to the
System in accordance with the provisions of the
Evergreen Sewage Disposal System Contract shall pay a
charge for disposal of the said storm water, in
proportion to the area in the community served by
combined sewers in the District and by the recorded
duration of the "spill time" at the Acacia and
Bloomfield Regulators. Said charge will be as
.established from time to time by the County.
C. iligh Strength Surcharge.
A High Strength Surcharge shall he levied against
industrial users contributing sewage to the system
with concentrations of pollutants exceeding the levels
described as follows:
(a) Two hundred seventy--five (275) milligrams per
lite:r (mg/1) of Biochemical Oxygen Demand (BOD)
(b) Three hundred fifty (350) milligrams per liter
(mg/1) of Total Suspended Solids (TSS)
(c) Twelve -(12). milligrams per liter (mg/1) of
Phosphorus (P)
(d) One hundred (100) milligrams per liter (mg/1) of
Fats, Oils and Grease (FOG)
1 - 4
5 - 10
11 - 20
21 - 32
33 - 64
65 - 100
101 - 200
5/8" and 3/4"
1"
2"
3"
4"
6 "
It is assumed that normal domestic customers do not
contribute sewage with concentrations of pollutants
exceeding the above levels, therefore, the High
Strength Surcharge will not apply to domestic
customers.
.Further, the above "High Strength Surcharge" shall not
apply to restaurants per the federal Court's "Second
Interim Order" dated July 10, 1981.
D. Industrial Waste Control Charge (IWC).
Each community shall report quarterly the total number
and size of water meters used by industrial users of
the system. Where metered water is not available,
then the community shall report quarterly the
"Assigned Water Meter Size" of industrial users of the
-1 system in accordance with the following schedule:
Units Assigned in Accordance
with the Cutrent Oakland County
Department of Public Works Schedule Assigned Water
of Unit Assignment Factors Meter Size .
Based on the reported number of water Meter sizes,
actual and assigned, for industrial users of the
system, each community shall pay a quarterly
industrial surcharge as established from time to time
by the County.
E. Penalty.
The said sewage disposal service charge shall be
payable quarterly. If any municipality does not pay
its service charge on the date when the same becomes
due, then there shall be added to such charge a
penalty of one (1) percent for each month or fraction
thereof for which the same remains unpaid.
Section 4. Huron-Rouge Sewage Disposal System.
A. Wastewater Disposal Chars.
Each community shall report within ten (10) days
following the end of each calendar quarter the total
equivalent master metered water consumption in the
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[
District served by the System. Where master metered
water consumption is not available, individual metered
water consumption times 1,108 shall be equivalent to
master metered water consumption. Where metered water
consumption is not available, then a consumption
assigned by the County shall be the equivalent master
metered water consumption for each unit assigned to .
the user in accordance with the current Oakland County
Department of Public Works Schedule of Unit Assignment
Factors, with a minimum assignment of one (1) unit for
each connection.
Based on the quarterly report, each community shall
pay a charge per one thousand (1,000) cubic feet of
equivalent master metered water consumption, as
established from time to time by the County,'
B Penalty .
The said sewage disposal service 'charge shall be
payable :quarterly. If any municipality does not pay
its service charge on the date when the same becomes
due, then there shall be added to such charge a
penalty of one (1) percent for each month or fraction
thereof for which the same remains unpaid
ARTICLE V
RULES AND REGULATIONS ON SEWAGE METERING
Section 1,
The basic means of determining sewage flow for billing
purposes will remain the water meter or unit -assignment as
provided in Article IV of the Wastewater Regulations of the
County of Oakland.
Section 2.
Sewage meters shall be allowed for determining sewage flow
for billing purposes in lieu of the water meter or unit
assignment upon Written application of the customer to the
municipality and upon written application of the municipality
to the County subject to the following conditions:
A. The meter must be of a make and model approved by the
municipality and the County and the entire
installation must also be approved by the municipality
and the County:
(a) Magnetic meters generally are acceptable.
(b) Sonic meters generally are acceptable
(c) Flames and weirs generally are not acceptable
except in cases where they are proven to be the
most practical method of measuring wastewater
flow,
(d) The installation must include a totalizer and a
chart recorder.
B. All costs associated with furnishing and installing
_ the meter, including design, all necessary permits,
the meter-, construction, installation and inspection
shall be borne by the customer. The municipality and
the County shall review plans submitted prior to
installation and shall have the rights to inspect the
overall construction and installation. However,
separate .permits and separate inspections for certain
parts of the work, such as plumbing and electrical,
may be necessary from other municipal agencies, and it
will be the customer's responsibility to obtain these
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as necessary and to Satisfy the County that these
requirements have been complied with. The meter as
installed shall remain the property of the customer.
C. All costs associated with the operation of the meter,
including power, light and recorder, and meter pit and
site maintenance, shall be borne by the customer. The
municipality and the County shall have access to the
meter.
D. The municipality shall maintain all meters in service,
making such periodic tests and repairs as are
necessary to insure correct registration. The cost of
meter reading and billing meter maintenance, meter
repair and meter replacement, when necessary as
determined by the municipality and/or the County,
shall be borne by the customer.
Section 3.
Subject to the provisions of Paragraph 4 below, deduct
water meters, special internal meters, calculations, estimates,
etc., will not be acceptable as adjustments to metered water as
a basis for tilling for sewage disposal.
Section 4.
In cases where there is a malfunction in the metering
system. used for the determination of the sewage flow for
billing purposes for a particular customer, the wastewater flow
for the period of malfunction shall be computed by using prior
historical sewage flow records of the customer acceptable to
the municipality and the County.
Section 5.
If a sewage meter is allowed for determining sewage flow
for billing purposes, the County and/or the municipality may
establish a sewage disposal . rate that considers the cost of
disposing of inflow/infiltration into the system. Said sewage
disposal rate based on a sewage meter shall be one hundred. ten
(110) percent of the rate .established from time to time for
sewage disposal charges based on metered water.
ARTICLE VI
GENERAL WASTEWATER DISPOSAL REGULATIONS
Section 1. Use of Public Sewers.
A. Delegation of Authority.
The City of Detroit Water and Sewerage Department, as
the State-approved Control Authority, is hereby
authorized to act as agent of the County of Oakland
for the administration and enforcement of this Article
of these Regulations.
B. Discharge Prohibitions.
(a) No •user shall contribute or cause to be
Contributed to the POTW, directly or indirectly,
- any pollutant or wastewater which will cause
interference or pass through. These general
Discharge Prohibitions apply to such users as
the POTW, whether or not the user is subject to
National Categorical Pretreatment Standards or
• any other federal, state or local pretreatment
standards or requirements. In addition,
industrial users shall not contribute the
following substances to the publicly-owned
treatment works:
(1) Any liquid, solid or gaS which, by reason of
its nature or quantity, is sufficient,
either alone or by interactions with other
substances, to cause fire or explosion or be
injurious in any other way to persons, the
POTW, or the operation of the POTW.
(2) Any solid or viscous substance, in
-concentrations or quantities which are
sufficient to cause obstruction to the flow
in a sewer or other encumbrance to the
operation of the POTW, such as but not
limited to, grease, animal guts or tissues,
bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand,
cement, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass
clippings, rags, strings, fibers, spent
-41-
grains,. spent hops, waste paper, wood,
plastics, tar, asphalt residues, residues
from refining or refining of fuel or
lubricating oil, mud or glass grinding or
polishing wastes, tumbling stones and
deburring stones.
(3) Unless more strictly limited in these
Regulations, any wastewater having a pH less
than 5.0 or more than 10.0 if the equivalent
calcium carbonate alkalinity exceeds 300
mg/I or more than 10.5 if the equivalent ,
calcium carbonate alkalinity is 300 mg/I or
less. If an industrial user wishes to have
a pH limit of 10.5, he shall monitor both pH
and alkalinity.
(4) Any wastewater containing toxic pollutants
in sufficient concentration or quantity
either singly or by interaction with other,
H pollutants to cause interference or pass
through or constitute a hazard to humans or
animals.
(5) Any liquid, gas or solid or form of energy
which either singly or by interaction with
other wastes sufficient to create a 1.u.blic
nuisance or hazard to life or is sufficient
to prevent entry into the sewers for their
maintenance and repair.
(6) Any substance which is sufficient to cause
the POTW's effluent or any other product of
the POTW such as residues, sludges, or
scums, to be unsuitable for reclamation
processing where the POTW is pursuing a
reuse and reclamation program In no case,
shall, a substance discharged to the POTW
cause the POTW to be in non-compliance with
sludge use or disposal criteria guidelines
or regulations developed under Section 405
of the Act; with any criteria, guidelines,
or regulations affecting sludge use or
-disposal developed pursuant to the Solid
Waste Disposal Act, the federal Clean Air
Act, the federal Toxic Substances Control
Act or state criterda applicable to the
sludge management method being used.
(7) Any substance which will cause the POTW to
violate the Consent Judgment in U.S. EPA v
City of Detroit, et •al, CA No. 77-1100, or
the City of Detroit's National Pollutant
Discharge Elimination System permit.
(8) Any wastewater having objectionable color not
removed in the POTW treatment process, such
as, but not limited to, dye waste. and
vegetable tanning solutions.
(9) Any wastewater having a temperature which.
will inhibit biological activity in the POTW
pretreatment plant resulting in
interference, but,in no case wastewater with
a temperature at the introduction into .a
public sewer which exceeds 150°F (66°C) or,
which will cause the influent at the
wastewater treatment plant to rise above
104°F (40 °C).
(10) Any pollutant which constitutes a slug.
(11) Any wastewater containing any radioactive
wastes or isotopes of such half life or
concentration as may exceed limits
established in compliance with applicable
state or federal regulations.
(12) Any floating fats, oil, or grease which are
sufficient to cause interference with or
pass through the POTW.
(13) Any solid materials having a specific
gravity greater than 1.2 or a cross section
dimension of one half (') inch or greater
which are sufficient to cause interference
with the POTW, except storm water.
C. Specific Pollutant Prohibitions. .
No industrial user shall discharge wastewater
containing an excess of the following limitations:
(a) Compatible pollutants:
(1) Any fats, oil, or grease (FOG) in
_ concentrations greater than 2,000 mg/1 based'
on the average of all samples collected
within a twenty four (24) hour period.
(2) Any total suspended solids (TSS) in
concentrations greater than 10,000 mg/I
based on a composite sample.
(3) Any biochemical oxygen demand (BOD) in
concentrations greater than 10,000 mg/1
based on a composite sample.
—43—
(4) Any phosphorous in concentrations greater
than 500 -mg/1 based on a composite sample.
(b) Non-Compatible Pollutants:
No industrial user shall discharge wastewater
containing an excess of:
Total Arsenic (As) 1,0 mg/1
Total Cadmium (Cd) 2.0 mg/I
Total Copper (Cu) 4.5 mg/1
Total Cyanide (CN) . 2.0 mg/l•
Total Lead (Pb) 1.0 mg/1
Total Mercury (Hg) 0.005 mg/1
Total Nickel (Ni) 5.0 mg/1
Total Silver (Ag) 2.0 mg/1
Total Chromium (Cr) 25.0 mg/1
Total Zinc (2,n) 15.0 mg/1
Aroclor 1260
Polychlorinated
Biphenyl (PCB) 0.0005 mg/1
Total Polychlorinated
Biphenyl (PCB) 0,001 mg/1
Phenolic (4AAP) Compounds
which cannot be removed
by the POTW treatment plant
as determined by the EPA .
approved method or
amendments thereto. 0.5 mg/1
All limitations shall be measured in
accordance with approved sampling procedure
or techniques as defined in Standard Methods
or 40 CFR 136.
(c) Commencing on or before July 1, 1933, no
industrial user classified as a significant user
shall discharge wastewater containing Total Iron
in excess of 1,000 mg/I based on a composite
sample. Industrial users having Total Iron
discharged concentrations greater than 1,000 mg/1
shall submit a compliance schedule by July 1,
1987_ for achieving the 1,000 mg/1 'imitation by
July 1, 1988. This limitation shall not apply to
the discharge to internal circulating water from
heat exchangers during the cleaning cycle,
D. National Categorical Pretreatment Standards,
National Categorical Pretreatment Standards and
requirements promulgated pursuant to the Act by the
effective date of these Regulations shall be met by
affected dischargers provided, however, that if a more
stringent standard or requirement is standard or
requirement is 'applicable pursuant to these
Regulations, state law, or regulation, than the more
.stringent standard or requirement shall be
controlling. The Control Authority, may by rule or
regulation, require compliance with National
Categorical Pretreatment Standards and reauirements
promulgated after the effective date of these
Regulations. Affected dischargers shall comply with
the applicable reporting requirements under 40 CFR
Section 403 and as established by the Control
Authority.
•
(a) Intake Water Adjustment.
Industrial users seeking adjustment of the
National Categorical Pretreatment Standards to
reflect the presence of pollutants in their
intake water must comply with the requirements of
40 CFR 403,15. Upon notification of the approval
of the U.S. EPA, the adjustment shall be applied
by Modifying the permit accordingly.
-
(b) Modification of National Categorical
Pretreatment Standards.
The Control Authority may apply to the Michigan
Department of Natural Resources, or the United
States Environmental Protection Agency, whichever
is applicable, for authorization to grant to
removal credits in accordance with the
requirements and procedures of 40 CFR 403.7.
Such authorization may only be granted when the
POTW treatment plant can achieve consistent
removal for each pollutant for which removal
credit is being sought provided that any
limitation on such pollutant(s) in the NPDES
permit are neither being exceeded or pose the
prospect of being exceeded as a result of the
removal credit being granted. Should this
authorization be given to the Control Authority,
any industrial user desiring to obtain such
credit shall make an application to the.Control
Authority, consistent with the provisions of 40
CFR 403.7 and these Regulations. Any credits
which may be granted under this provision may be
subject to modification or revocation as
_specified in 40 CFR 403.7 or as determined by the
Control Authority. A prerequisite to the •
granting of any removal credit may be that the
industrial user pay a surcharge based on the
amounts of such pollutants removed by the POTW,
such surcharge being based on fees or rates which
the Board may establish and, when appropriate,
revise from time to time. Permits shall reflect
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or be modified to reflect any credit granted
pursuant to this Section.
E. .Dilution Prohibited.
No user shall increase the use of process water or, in
any way, dilute or attempt to dilute a discharge as a.
partial or complete substitute for adequate treatment
to achieve compliance with the limitations contained
in the National Categorical Pretreatment Standards, or
in any other pollutant-specific limitation or .
requirement imposed by these Regulations. Combining .
in-plant waste drains or modulating 'the release of
pollutants upstream of the sampling point prior to the
point of discharge into the public sewer shall not be
construed as dilution except as otherwise restricted
by National Categorical Pretreatment Standards or
requirements.
F. Hauled-In Wastewater.
Unloading liquid or solid wastes from hauling vehicles
directly into the POTW with or without the benefit of
pretreatment is prohibited unless the person proposing
to unload such wastes has applied for and received a
permit from the Control Authority for unloading such
wastes in accordance with the Board's rules pertaining
thereto. The discharger shall be -subject to
applicable terms, conditions, surcharges, fees or
rates as established by the Board. The Control
Authority may establish specific limitations for
sludges from municipally owned or operated POTW
treatment plants which are different than the specific
limitations in these Regulations.
G. Right of Revision.
The County of Oakland reserves the right to establish
different or more stringent limitations or
requirements on discharges to the POTW.
, H. Accidental Discharges.
Each industrial user shall provide protection from
accidental discharge of prohibitive materials or other
substances regulated by these Regulations. Facilities
and measures to prevent • and abate accidental
discharges shallbe provided and maintained at the
owner's or industrial user's cost or expense. All
significant users shall submit to the Control
Authority detailed plans showing facilities and
operating procedures to provide protection against
accidental discharges. All existing significant users
shall complete and submit such plan within 180 days
within the effective date of these Regulations. New
significant users shall. •submit such a plan prior to
the time they commence discharging.
I. Notification Requirements.
Within one (1) hour of becoming aware of •a discharge.
into the POTW which exceeds or does not conform with
federal, state, Control Authority or County laws,
rules, regulations, or permit requirements and the
degree of exceedance appears to be more than twice the
allowable concentration, the industrial user shall
telephone the Control Authority at its control center
and notify the Control Authority of the discharge.
The notification shall include the name of the caller,
location and time of discharge, type of wastewater,
estimated concentration of excessive or prohibited
pollutants and estimated volume. Within five (5)
calendar days after the discharge, the industrial user
shall submit a detailed written report describing the
cause of: the discharge and the measures to be taken by
the user to prevent similar future occurrences._ When
requiT:ed by the Control Authority, the industrial .
user's wastewater discharge permit shall be modified
to include additional measures to prevent such future .
occurrences. Such notifications shall not relieve the
industrial user of any expense, loss, damages or other
liability which may be incurred as a result. of damage
to the POTW, fish kills, or any other environmental
impairment or any other damage to person or property.
However, notification received pursuant to this
paragraph or information obtained by the exploitation
of such notification shall not be used against any
individual in any criminal case, except in prosecution
for perjury or for giving a false statement. Such
immunity shall not bar the criminal prosecution of non
natural persons nor shall it bar the pursuit of
administrative or civil remedies against any person.
J. Notice to Employees.
A notice shall be permanently posted on the industrial
user's bulletin . board or other prominent place
advising employees of whom to contact in the event of
an actual or potential excessive or prohibitive
discharge.
K. Recovery_of Costs.
Any user discharging in violation of any of the
provisions of these Regulations which produces a
deposit or obstruction, or causes damage to or impairs
the POTW, or causes the City of Detroit to violate its
NPDES permit, shall be liable for any expense, loss,
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damage, penalty or 'fine incurred because of said
- violation or discharge. Prior to assessing such
costs, the Control Authority shall notify the user of
its determination that the user's discharge was the
proximate cause of such damage, obstruction,
impairment of violation of the City of Detroit's NPDES
permit and the intent to assess such costs to the •
• user. Any such notice shall include written
documentation which substantiates the determination of
proximate cause and a break down of cost estimates.
Failure to pay the assessed costs shall constitute a
violation of these Regulations. Such charge shall be
in addition to, not in lieu of, any penalties or
remedies provided under these Regulations, ordinances,
statutes, regulations, or at law or in equity.
L. The Control Authority may grant a variance from the
.1 limitations set forth in Section 1C(a) and (b) of
Article VI of these Regulations in accordance with the
terms of a delegation agreement between .a municipality
and the Control Authority and in accordance with rules
adopted by the Control Authority which set forth the
guidelines, standards, procedures, fees, and charoes
by which a person may be granted such a variance. A
variance shall not be granted to a user if it would
result in a violation of the terms of the delegation
agreement between the municipality and the Control
Authority or of an applicable National Categorical
Pretreatment Standard or allow a prohibited discharge
(violate 40 CFR 403.5) or cause the POT W to be in non
compliance with its NPDES permit. A user requesting a
variance shall have the burden of showing that any
guidelines or standards adopted by the Board have been
met before a variance may be granted. The Board may
adopt fees or charges for reviewing in a variance
application which shall be paid by user upon applying
for a variance.
Section 2. Fees.
A. It is the purpose of this 'Section to provide for the
recovery of costs from industrial users of the POTW,
The applicable charges of fees shall he sufficient to
meet the cost of the operation, maintenance,
improvement or replacement of the system or as
provided by law, contractual agreement, or Board
action.
B. Charges and fees shall include but not be limited to
(a) Fees for reimbursement of costs of establishing,
operating, maintaining, or improving the Control
Authority's industrial. waste control and
pretreatment programs; and
Kb) User fees based on volume of waste and
concentration or quantity of specific pollutants
in the discharge; and
(c) Other fees deemed necessary to carry out the
requirements contained herein or as may be
required . by law.
C. The charges and fees provided for in this Section
shall be set forth in a fee resolution or fee
ordinance adopted by a municipality in its discretion
together with such other fees and charges as are
authorized by these Regulations, which may be amended
from time to time.
Section 3. Wastewater Discharge Permits,
It shall be unlawful for significant users to discharge
into the POTW without a wastewater discharge permit from the
Control Authority except as authorized by the Control Authority
or in accordance with the provisions of these Regulations.
A, All significant users proposing to connect to or to
contribute to the POTW shall apply for wastewater
discharge permit in accordance with the following
procedures before connecting to or contributing to the
POTW. Upon determination that a permit is required,
no connection to the POTW shall be made and no
discharge thereto shall occur until a permit is issued
unless otherwise authorized by the Control Authority
for a period not to exceed sixty (60) days. All
existing significant users connected to or
contributing to the POTW shall apply for a wastewater
discharge permit in accordance with the following
procedures. The Control Authority may require any
non-domestic user to fill out a questionnaire and
'submit it for the Control Authority's use in
determining whether the industrial user is a potential
significant user as well as to determine changes or
lack of changes in the user's facilities,
. B. Permit Application.
he Control Authority may notify an industrial user of
its belief that the industrial user is, or may be, a
significant user. . Upon such notification, the
industrial user shall complete and submit an
application for a wastewater discharge permit in the
manner and form prescribed by the Control Authority.
Failure of the Control Authority to so notify an
Industrial user shall not relieve any significant user
of a duty to obtain a permit as required by these
Regulations.
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(a) Existing industrial users shall submit a
completed application on the form provided by the
Control Authority within sixty (60) days after
being so directed and provided a form by the
Control Authority.
(h) Proposed new industrial users shall request an
application form and submit the completed
application at least ninety (90) days prior to
the start—up.
(c) An industrial user which becomes subject to. a new
or revised National Categorical Pretreatment
Standard and which has not previously submitted
an application for a wastewater discharge permit
is required by these Regulations shall apply for
a wastewater discharge permit within ninety (90)
days after the promulgation of the applicable
National .Categorical Pretreatment Standard. The
Control Authority may also initiate this action.
(d) A separate application shall be required for each
separate location.
C. Information.
In support of the application, the industrial user
shall submit, in units and terms appropriate for
evaluation, the following information:
(a) Corporate or individual name, any assumed
name(s), federal employer identification number,
address, and location of the discharging facility;
(b) Name and title of the authorized representative
of the industrial user who' shall have the
authority to bind the industrial user financially
and legally;
(c) All SIC numbers of all processes at this location
according to the Standard Industrial
Classification Manual, issued by the Executive
Office of the President, office of Management and
Budget, 1972, as amended;
(d) Actual or. proposed wastewater constituents and
characteristics for each parameter listed in the
permit application form. Such parameters shall
include those applicable pollutants having
numeric limitations as enumerated in Sections 1C
(a) and (b) of Article VI of these Regulations
and those pollutants limited by a National
Categorical Pretreatment Standard or regulations
for applicable industries. For each parameter,
the expected or experienced maximum and average
concentrations during a one (1) year period shall
be provided. For industries subject to National
Categorical Pretreatment Standards or
requirements, the date requested herein shall be
separately shown for each categorical process
waste stream. Combined waste streams, proposed to
be -regulated by the combined waste stream formula
shall also be identified. Sampling and analysis
shall be performed in accordance with the
procedures established by the EPA pursuant to
Section 304(g) of the Act and contained in 40
CFR, part 136, as amended, (where 40 CFR, part
13.6 does not include a sampling or analytical
technique for the pollutant in question, sampling
and analysis shall be performed in accordance
with the procedures set forth in the EPA
publication, Sampling and Analysis Procedures for
Screening an industrial Effluence • for Priority
Pollutants, April, 1977, and amendments or
revisions thereto), or with any other Sampling
and analytic procedures, where appropriate and
applicable, approved by the EPA; the name and
address of the laboratory performing the
analytical work;
(e) A listing and description of activities,
facilities and plant processes on the premises,
Those processes which are subject to National
Categorical Pretreatment Standards or
requirements shall be so designated. As pertains
to (C)(4) above, identify which pollutants which
are associated with each process;
(f) Restricted to only those pollutants .referred to
in item (C)(4) above, a listing of raw materials
and chemicals that are either used in the
manufacturing process or could yield the
pollutants referred to in item (C)(4) above. Any
user claiming immunity from having to provide
such information for reasons of national security
shall furnish acceptable proof of such immunity;
(g) A description of typical daily and weekly
operating cycles for each process in terms of
starting and ending times for each of the seven
(7) days of the week;
(h) Average and maximum twenty-four (24) hour
wastewater flow rates, including daily, monthly
and seasonal variations, if any; list each
National Categorical process waste stream flow
rate and the cooling water, sanitary water and
storm water flow rates separately for each
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connection to the-POTW; list each combined waste
stream.
(i) A drawing showing all sewer connections and
sampling manholes by the size, location,
elevation and points and places of discharges
into the POTW; also a flow schematic showing •
which connections receive each National
Categorical process waste stream and which
connections receive storm water, sanitary water.
or cooling water; also show which lines handle
each combined waste stream. This schematic shall
be cross referenced to the information furnished
in item (8) above;
Each product produced by type, amount, process or
processes and rate of production as it pertains
to processes subject to production based limits
under the National Categorical Standards or
requirements only;
(k) . The statement regarding whether or not the
requirements of these Regulations and the
National Categorical Pretreatment Standards and
requirements are being met on a consistent basis
• and, if not, what additional operation and
maintenance work and/or additional construction
is required for the industrial user to meet the
applicable standards and requirements;
(1) Basic information on the spill containing program
and the program for the prevention of accidental
discharges for each of the pollutants referred to
in item (C)(4) above. The information provided
shall include the approximate average and maximum
-quantities of such substances kept on the
premises in the form of raw materials, chemicals
and/or wastes therefrom and the containing
capacity for each. Only substances which are in
a form which can readily be carried into the POTW
and which constitute a concentration of five (5)
percent or greater on a dry weight basis in the
raw material, chemical solution or waste material
are required to be reported. Volumes of less than
fifty five (55) gallons or the equivalent thereof
may not be reported unless lesser • quantities can
cause pass-through or cause interference with the
POTW.
(m) Proposed or actual hours of operation for each
pretreatment system for each production process;
(n) A schematic and description of each pretreatment
facility. Identify whether each . pretreatment
(j)
facility is of the batch type or the continuous
process type; -
(o) If other than DWSD potable water, the industrial
user's source of intake water together with the
types of usage and disposal method of each water
source and the estimated wastewater volumes from.
each source;
(p) If additional construction and/or operation of
maintenance procedures will be required to meet
the requirements of these Regulations and the .
National Categorical Standards, the shortest
schedule by which the user will provide such
additional construction and/or implement the
required operation and maintenance procedures;
(q) Any other, information that may reasonably be
required to prepare and process a wastewater
discharge permit.
P. Permit Issuance.
Upon receipt of an application, the Control Authority
shall review the application, determine and so notify
the industrial user and the municipality, and the
County of Oakland of any of the following;
(a) The industrial user is not required to have a
wastewater discharge permit;
(b) The application is incomplete or the information
only partially satisfies the information and data
required by 40 CFR 403.12 (a) and (b) or the
Control Authority and that additional information
and data are required which' shall be promptly
furnished;
(c) The industrial user is required to. have a
wastewater discharge permit. The Control
Authority may withhold issuance of a permit to a
significant user which has not submitted an
adequate or timely report to the Control •
AuthOrity in accordance with the baseline
reporting requirements of 40 CFR 403.12 (a) and
(b). If the Control Authority determines an
industrial user is required to have a wastewater
discharge permit and has evaluated and accepted
the data furnished, the industrial user will be
notified accordingly by certified mail, and the
municipality and the County of Oakland shall
simultaneously be notified by first class mail.
Notification shall contain a copy of the proposed
permit, so marked for the industrial user's
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review. An industrial user may contest the
determination of the Control Authority, any term
or condition of wastewater discharge permit
including modifications thereof by filing a
request for reconsideration in accordance with
the procedures set forth in these Regulations.
In the event of such request, the contested terms
and conditions of the proposed permit shall be
stayed pending the Control Authority's review of
the contested issues. If the permit is not
contested or if the industrial user fails to
respond within twenty (20) days after receipt of
the proposed permit, the permit may_ he issued as
proposed. A permit shall be issued upon
resolution of the Control Authority of any .
contested terms or conditions. Only one (1)
facility location shall be included in each
permit.
.E. Permit Conditions.
Wastewater discharge permits shall be deemed to
contain all the provisions of these Regulations, other
applicable laws, rules, regulations, user charges and
fees established without repetition therein.
(a) Permits may also contain the following:
(1) Limits on the average and maximum wastewater
.constituents or characteristics if more
restrictive than or supplemental to the
numerical limits enumerated in Section 1C(a)
and (b) of Article VI of these Regulations or
. the applicable National Categorical
Pretreatment Standards;
(2) Limits on average and maximum rate and time
of discharge or requirements for flow
regulation and equalization;
(3) Requirements for installation, operation and
maintenance of discharge sampling manholes
and monitoring facilities by the industrial
• user;
(4) Restrictions on which of the user's
discharge waste streams are to be allowed to
be discharged at each point of connection to
the POTW;
(5) Specifications for industrial user
monitoring programs which may include
sampling locations, frequency and type of
sampling, number, types and standards for
tests and reporting schedule;
(6) Requirement for the prevention of accidental
discharges in the containment of spills;
(7) Restrictions based on the information
furnished in the application;
(8) Compliance schedules; the following
conditions shall apply to these schedules:
(i) The schedules shall contain increments
of progress in the form of dates for the
commencement and completion of major -
- events leading to the construction and
operation of upgraded or additional
pretreatment facilities or to the
implementation of additional operation
and maintenance procedures required for
the industrial user to meet the
applicable pretreatment requirements and
standards (e.g., hiring an engineer,
completing preliminary plans, completing
final plans, executing contracts for
major components, commencing.
construction, .completing construction,
etc.);
(ii) No increment referred in paragraph A
shall exceed nine (9) months;
(iii)Not later than fourteen (14) days
following each date in the schedule and
the final date for compliance, the
industrial user shall submit a progress
report to the Control Authority
including, as a minimum, whether or not
it complied with the increment of
progress to be met on such date and, if
not, the date on which it expects to
comply with this increment of progress,
the reason for the delay, and the steps
being taken by the industrial user to
return to the established schedule. In
no event should more than seventy-five
(75) days elapse between each such
progress report to the Control Authority;
(iv) The compliance schedule embodied in an
industrial user's wastewater discharge
permit shall be binding until the
expiration and fulfillment of the
schedule or until such permit is
modified. Changes to the compliance
schedule which are acceptable to the
Control Authority shall be incorporated
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into the -wastewater discharge permit by
modification thereof. Any deviations .
from the compliance schedule may result
in the industrial user being found in
violation of these Regulations.
(9) Reporting Requirements; in addition to the
above:
(i) All permittees shall submit a report to .
the Control Authority in the prescribed
form, or an alternative approved form .
indicating the status of compliance with
all conditions enumerated or referred to
in the Wastewater Discharge Permit or
made applicable to the permit by these
Regulations. The. report shall be
submitted at six (6) month intervals,
unless required more frequently, on the
schedule to be established by the
Control Authority for each permittee.
Except for permittees subject to
National Categorical Pretreatment
Standards or requirements, a permittee,-
who has demonstrated consistent
compliance with the permit for a period
of one year or more (which contains no
compliance schedule), may request in
writing to be excused from submitting
the required reports at the required
interval. Upon review and acceptance of
the request, the Control Authority may
grant a less frequent reporting
interval. The report shall state
whether all requirements of the permit
are being met and what progress is being
made on work und e r cc,mpliance
schedules. The report shall also
contain projections of compliance for
the next six months. At a minimum, the
report shall also contain a dated and
'signed analytical report of at least one
representative discharge sample taken
during the period since the last
report. If the Control A u thority has
sampled the permittees effluent since
the last report, the Control Authority's
analytical report may he substituted for
that of the permittees. The analytical
report shall show the concentration of
each substance for which there is a
specific limitation in the permit, The
report.sall be signed and dated by the
authorized representative of the
industrial user;
(ii) Permittees subject to National
Categorical Pretreatment Standard or
requirements shall submit compliance ,
reports at the times and intervals
specified by the Federal Regulations and
the Control Authority. Compliance
Reports shall be submitted to the
Control Authority no later than ninety
(90) days following the final compliance
date for a standard and at six (6) month
intervals thereafter on the schedule
established by the Control Authority for
each permittee as here in above stated.
New sources shall commence reporting at
the time of initial discharge into the
system. The report shall be on a form
prescribed by the Control Authority or
on an approved alternative form and
shall indicate the nature and
concentration of all pollutants and the
discharge from each regulated process
which are limited by National
Categorical Pretreatment Standards and
the records of each day's flow for each
process unit in the industrial user's
facility which is regulated by such
pretreatment standards. The combined
waste treatment formula may be used for
reporting purposes after the initial
information has been furnished to the
Control Authority, provided. there have
been no changes to the elements
composing the combined waste stream.
These reports shall contain the results
of sampling of the discharge and
analysis of pollutants contained therein
cross—referenced to the related flow or
production and mass as required to
determine compliance with the applicable
National Categorical Pretreatment
Standards. The frequency of monitoring
shall be as prescribed in the applicable
general pretreatment regulations
(40CFR403) or by the Control Authority,
whichever is more stringent. All
sampling and analysis shall be performed
in accordance with applicable
regulations. Where 40CFR, part 136 does .
not include a sampling or analytical
technique for the pollutant in question,
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sampling and analysis shall be performed
in accordance with the procedures set
forth in the EPA publication, Sampling
and Analysis Procedures for Screening of
Industrial Effluence for Priority
Pollutants, April, 1977, and amendments
and revisions thereto, or with any other
sampling and analytical procedures
approved by the EPA for these purposes.
The report shall state whether the
applicable pretreatment standards are
being met on a consistent basis, and, if
not, what additional operation and
maintenance practices and/or
pretreatment construction is necessary
to bring the industrial user . into
compliance with the applicable
pretreatment standards. This report
shall be signed, dated and certified by
an authorized representative of the
industrial user or a registered
professional engineer;
(10) Other requirements reasonably necessary to
ensure compliance with these Regulations;
(11) To the extent the Control Authority sees to
impose _restrictions in a permit which are
more restrictive than established in this
Article, the Control Authority shall provide
written documentation to substantiate the
necessity of greater restriction for
protection against pass-through,
interference, or violation . of the NPDES
permit.
F. Permit Duration.
Permits shall be issued for a specified time period,
not to exceed five (5) years. A permit may be issued
for a lesser period of time or may be stated to expire
on a specific date; however, permits shall not be
issued for a period less than one year. Existing
permittees shall apply for a permit reissuance a
minimum of ninety (90) days prior to the expiration of
existing permits on a form prescribed by the Control
Authority. Upon timely application for reissuance of
a permit in accordance with this paragraph by a permit
holder, the expired permit shall be automatically
extended until modified or reissued by the Control
Authority.
G. Permit Modification.
The terms and conditions of the permit may be subject
to moeation by the Control Authority during the
term of the permit as limitations or requirements as
identified in Sections'1C(a) and (b) of Article VI of
these Regulations are amended or other just cause
exists. Just cause for a . permit modification
includes, but shall not be limited to, the following:
• .
(a) Material or substantial changes to an industrial
user's facility or operation or changes in the
characteristics of the industrial user's
effluent. It shall be the industrial user's duty
to request an application form And -apply for a.
modification of the permit within thirty (30)
calendar days of the change, provided the
information previously submitted and unchanged
may not be resubmitted by the permittee. Failure
of the industrial user to so apply shall be
considered' a violation of these Regulations. The ,
Control Authority may also modify the permit of
its own initiative based on its findings or
reasonable belief of the above;
()) Change(s) in the City of Detroit NPpES permit;
(c) Embodiment of the provisions of a conciliation
agreement, court settlement or order;
(d) Any changes necessary to allow the City of
Detroit to fulfill its role as Control Authority;
(e) An industrial user's non-compliance with the
portions of an existing permit;
(f) A change of conditions within the POTW;
(g) A findings of interference or pass-through
attributable to the industrial user;
(h) Amendments to, or .promulgation of, National
Categorical Pretreatment Standards or
requirements Permittees shall request an
application form and apply to the Control
Authority for a modified permit within ninety
(90) days after the promulgation of a new or
revised National Categorical Pretreatment
Standard to which the industrial user shall be
subject. Information submitted pursuant to this
paragraph shall be confined to that information
related to the newly promulgated or amended
National Categorical Pretreatment Standard or
requirement. However, information previously
submitted may not be duplicated, insofar as
previously submitted information continues to be
current and applicable. The Control Authority
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may also initiate this action. The industrial
user shall be informed of any proposed change in
its permit at least sixty (60) days prior to the
proposed effective date of the change for any
change initiated by the Control Authority, unless
such change is the result of any enforcement
action taken pursuant to these Regulations.
H. Permit Custody and Transfer.
Wastewater discharge permits are issued to a specific
person as defined herein for a specific discharge. A
wastewater dischargepermit shall not be re-assigned
or transferred or sold to a different person, new
owner, new •industrial user, different premises, or a
new or changed operation without the written approval
of the Control Authority. It shall be the permit
holders duty to notify the Control Authority of any
such change within thirty (30) days of the change
The Control Authority may revoke a permit if it
determines that an unreported change has occurred_
The Control Authority may require the apolioation for
a new or modified permit if a change takes place. Any
succeeding person shall comply with. the terms and
conditions of any existing permit which the Control .
Authority allows to be retained.
I. Small Quantity Dischargers.
Industrial users whose maximum daily discharge on any
day does not contain more than the following
quantities of the listed pollutants, as expressed in
pounds may on a pollutant-by-pollutant basis apply to
the Control Authority for an exemption from the
concentration limitation Set forth in Section 1C(a)
and (b) of Article VI of these Regulations for each
such pollutant, industrial users granted such an
exemption shall comply with the below :listed poundage
limitations.
Pollutant Daily Pound Limit
FOG 1.2
-TSS 50
BOD 6
0.25
AS 0.0002
CD 0.001
CU 0.005
CN 0.003
PB ,0.007
HG • 0.00002
NI 0.007
AG .0.0008
CR 0.009
ZN 0.03
.;
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Upon application by an industrial user who has
obtained approval to discharge, under the foregoing
poundage limitations, the Control Authority may on a
pollutant-by-pollutant basis grant an exemption from
various wastewater discharge permit requirements
described in Sections 1C(a) and (b) of Article VI of
these Regulations. No exemptions may be granted to .
industrial users subject to National Categorical
Pretreatment Standards or requirements.
Section 4. Monitoring Facilities.
Significant users shall provide, operate, and maintain at
their own expense a sampling manhole or special structure to
facilitate monitoring, inspection, sampling, and flow
measurement of their discharge by the Control Authority and the
industrial user and to enable the Control Authority to conduct
such other monitoring and sampling as required for determining
complian'Oe with discharge requirements, limits, and standards
as provided by these Regulations.. The sampling manholes should
be situated on the industrial user's premises in a location
readily accessible to the Control Authority. It shall be the
responsibility of the industrial user to obtain any necessary
approvals from the municipality or other government entities
which may be required by the location and construction of
monitoring facilities in a public street or sidewalk area. •
Construction of monitoring facilities in a public street or
sidewalk area shall only occur when another location would be
impractical or cause undue hardship upon the industrial users.
In no case shall the location be obstructed by landscaping or .
parked vehicles, There shall be ample room in or near such
sampling or monitoring manhole or facility to allow accurate
sampling and preparation of samples for analysis. The facility
and any permanently installed sampling and measuring equipment
shall be maintained at all times in a safe and proper operating
condition at the expense of the industrial user. Whether
constructed on public or private property, the sampling and
monitoring facility shall be provided in accordance with the
Control Authorities requirements and all applicable local
construction standards and specifications.
Section 5. Inspection Sampling and Record Keeping.
For purposes of administering and enforcing these
Regulations, the Control Authority may inspect the
establishment, facility or other premises of the industrial
user. The Control Authority shall have ready access to the
industrial user's premises to engage in inspection, sampling,
compliance, monitoring and/or metering activities. Each such
inspection activity shall be commenced and completed at -
reasonable times, within reasonable limits and in a reasonable
manner. The Control Authority shall, upon arrival at the
industrial user's premises, inform the industrials users or the
industrial user's employees that sampling and/or inspection is
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commencing and that the indUstrial user has the right to
observe the inspection and/Or sampling.- While performing work
on private properties, the Control Authority in the County of
Oakland shall observe all reasonable safety, security and other
reasonable rules applicable to the premises established by the
industrial user. Representatives of the Control Authority
shall bear proper credentials and identification and shall be.
accompanied by a_ representative of the industrial user, at the
industrial user's option. The Control Authority shall have no
authority to inquire into any process beyond that point having
a direct_ bearing on the kind and source of discharge into the
POTW. However, such employees or representatives shall not be
restricted from viewing any of the facility site. The Control
Authority may take photographs of facilities subject to this
Article unless specifically prohibited by the industrial user
upon request to be permitted to take photographs. Where an
industrial user has security measures in force, the industrial
user shall make prompt and necessary arrangements with the
security personnel so that upon a presentation of appropriate
credentials, the Control Authority will be permitted to enter
immediately for the purposes of performing their specific
responsibilities. Significant users shall sample and analyze
their discharges in accordance with the provisions of their -
permits. The Control Authority may request such samples to be
split for the Control Authority's independent analysis.
Industrial users shall maintain records of all information from
monitoring activities required- by these Regulations or by 40
C.F.R. 403.12(n). sIndustrial users shall maintain the records
for no less than three (3) years. This period of record -
retention shall be extended during the course of. any unresolved
litigation regarding the discharge of pollutants by the
industrial user or the operation of the City of Detroit's
industrial pretreatment program or when requested by the
Control Authority, EPA, or the State. Industrial users shall,
upon the request of the Control Authority, furnish information
and records relating to discharges to the POTW. Industrial
users shall make such records readily accessible at all
reasonable times, and allow the Control Authority to copy such
records. In the event the Control Authority obtains samples,
and analyses are made of such samples,- a copy of the results of
such analyses shall be promptly furnished to the owner,
operator' or agent in charge of the premises upon written
request by the industrial user's authorized representative.
When requested by the industrial user, the Control Authority
shall leave a portion of any sample of the user's discharge
taken from any sampling point on or adjacent to the premises
for the user's independent analysis. In cases of disputes
arising' over shared samples, the portion taken and analyzed by
the Control Authority shall be controlling unless proven
invalid. In the event a.ATab sample of the industrial user's
discharge is obtained and analyzed by the Control Authority and
found to contain concentrations of pollutants which: are two(2) -
or more times greater than the numeric limitations for
composite samples.as listed in Section 1C(a) and (b) of Article
VI of th.e Relulations, the -industrial user shall be required
to provide a wriLten report describing the Cause of greater
concentration and a description of the means by which such
concentration may be held to values of less than two (2) times
the composite sample concentration limitation in the future.
Section 6. Confidential Information.
A. Information and data on an industrial user obtained
from written reports, questionnaires, permit
applications, permits and monitoring programs and from -
inspections shall be available to the public or other
governmental agencies without restriCtion unless the
industrial user specifically requests and is able to
demon s trate to the satisfaction of the Control
Authority that the release of such information would
divulge information, processes or methods of
production entitled to protection as trade secrets of
industrial user. All claimed confidential information
must be clearly marked "confidential." Requests-for
treatment of information as "confidential" shall be
processed in accordance with rules adopted by the
Board which set forth the guidelines, standards and
procedures by which a person may be granted the right
of confidentiality. When requested by the person
furnishing the report, the portions of a report which
disclose trade secrets- or secret processes shall not
be made available for inspection by the public, but
shall be made available upon written request to
governmental agencies for uses related to these
Regulations, the National Pollutant Discharge
Elimination System (NPDES) Permit, State Disposal
System Permit and/or Pretreatment Programs; provided,
however, that such portions of a report shall be
available for use by any local, state or federal
agency in judicial review or enforcement proceeds
involving the person furnishing the report.
Wastewater constituents and characteristics will not
be recognized as confidential information.
Information accepted by the Control Authority as
confidential shall not be transmitted to any
governmental agency until and unless a ten (10) day
notification of intent to transmit is first given to
the industrial user.
. All information with respect to an industrial user on
file with the Control Authority shall be made
available upon request by that user or the user's
authorized representative during normal business hours.
Section 7. Statutes, Laws and Regulations.
Unless otherwise provided, any reference in this Article to
a code, standard, rule, regulation or law enacted, adopted,
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established, or promulgated by any private organization, or any
element or organization of government other than the County of
Oakland shall be construed to apply only to such code,
standard, rule, regulation or law in effect or existence on the
date of enactment of these Regulations.
Section 8. Enforcement.
A. Violations.
It shall be a.violation of this Article for any user
to:
(a) Fail to completely and/or accurately report the
wastewater constituents and/or characteristics of
the industrial user's discharge;
(b) Fail to report significant Changes in the
industrial user's operations or wastewater
constituents and/or characteristics;
(c) Refuse reasonable access to the industrial -user's
premises or waste discharge for the purpose of
inspection or monitoring;
(d) Fail to comply with any condition or requirement
of the industrial user's wastewater discharge
permit;
(e) Fail to comply with any limitation, prohibition,
or requirement of this Article, including any
rule, regulation, or order issued hereunder;
however, if an industrial user acts in full
accordance with a compliance scheduled approved
and incorporated into the industrial user's
wastewater discharge permit pursuant to the
provisions of this Article, that industrial user
shall be deemed to be in compliance with those
requirements of this Article addressed by the
compliance schedule. Industrial users acting in
full compliance with wastewater discharge permits
issued prior to the effective date of this
Article shall be deemed to he in compliance with
the requirements of this Article, and such
permits shall remain in effect and be enforceable
• under this Article until the expiration date of
such permit or until a superseding permit is
issued, whichever occurs first. Industrial users
shall comply . with National Categorical
Pretreatment Standards and requirements on the
date specified in the federal regulations,
regardless of compliance schedules.
B. Upsets.
An upset shall constitute an affirmative defense to an
action brought for non-compliance with limits imposed
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• Uadef this Article or National Categorical
Pretreatment Standards if the requirements of
Paragraph (1) are met.
(a) An industrial user who wishes to establish the
affirmative defense shall demonstrate, through
properly signed, contemporaneous operating logs
or other relevant evidence that:
(1) An upset occurred and the industrial user
can identify the specific cause(s) of the
upset;
(2) The facility was at the time being operated
in a prudent and workman-like manner and in
compliance with applicable operation and
maintenance procedures;
(3) The industrial user has submitted the
following information to the department,
orally or in writing, within twenty-four
(24) hours of becoming aware of the upset
(if this information is provided orally, a .
written submission must be provided within
five [5] 'days):
•
(i) A description of the discharge and
cause of non-compliance;
(ii) The period of non-compliance, including
exact dates and times or, if not
corrected, the anticipated time the
non-compliance is expected to continue;
(iii)Steps being taken and/or planned to
reduce, eliminate, and prevent
recurrence of the non-compliance.
(b) In any enforcement proceeding, the industrial
user seeking to establish the occurrence of an
upset shall have the burden of proof.
(c) The industrial user shall control production of
all discharges to the extent necessary to
maintain compliance with these Regulations upon
reduction, loss, or failure of its treatment
facility until the facility is restored or an
alternate method of treatment is provided. This
requirement applies in the situation where, among
other things, the primary source of power of the
treatment facility is reduced, lost, or fails.
C. EmerogiluiStspension and Orders.
The Control Authority may order suspension of the
sewer or wastewater treatment service and/or a
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wastewater discharge .Permit .where such suspension is
necessary, in the opinion of the Control Authority, to
stop any actual or threatened discharged which
presents or may present an imminent or significant
hazard to the health or welfare of persons or to the
environment, interferes or may interfere with the
POTW, or causes or may cause the City of Detroit to
violate any condition of its NPDES permit. Any person
notified of a suspension of the sewer or wastewater
treatment service and/or the wastewater discharge
permit shall immediately stop or eliminate the
contribution. In the event of a failure of the person
to comply voluntarily with suspension or revocation
order, the Control Authority shall take such steps as
deemed necessary, including immediate severance of the
sewer connection or services, to prevent or minimize
damage to the POTW system or danger to any individual
or the environment. In the event such steps are
taken, the Director shall immediately notify the
industrial user in writing Of such action and the
specific recourse available and shall provide the
industrial, user with an opportunity for a. Hearing
before the Director or his designated representative
within ten (10) days of such action. The Control
Authority shall immediately notify the County of
Oakland whenever notification is made to an industrial
user pursuant to this paragraph and, in writing,
within seventy two (72) hours of such action. The
Control Authority shall reinstate the wastewater
discharge permit and/or the sewer or wastewater
treatment service upon proof of the elimination of the
non—compliant discharge. The industrial user shall
submit a detailed written statement to the Control
Authority within fifteen (15) days of the occurrence
describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence.
D. Except in the case of any actual or threatened
discharge as specified in paragraph B, whenever the
Control Authority has reason to believe that any
industrial user has violated or is violating this
Article, the Control Authority shall, serve upon such
industrial user a written notice stating the nature of
the violation.
E. Notice of Control Authority Action.
The County of Oakland or designated department
thereof, shall be notified within a reasonable time by
the Control Authority of any enforcement activity
taken within its boundaries.
F. Administrative Actions.
Whenever the Control Authority has reasonable grounds
to believe that sewage, waste, or other substance of
any kind are being br,.. have been discharged into the
wastewater system of the POTW in violation of these
Regulations, wastewater discharge permit or any
prohibition, limitation or requirement contained
herein, the Control Authority may, except in the case
of emergency or flagrant violation, by .conferences,
notices, or cooperation, endeavor to the fullest •
extent possible to have the industrial user eliminate
or remedy such violation.
(a) Conferences.
The Control Authority may order any person who
violates this Article to attend a conference
wherein the Control Authority may endeavor to
eliminate or remedy the violation by establishing
an enforceable compliance schedule. The notice
of violations shall be served at least ten (10)
days before the scheduled conference and shall
set forth the date, time, and place thereof. The
municipality and County of Oakland shall be
notified in accordance with the terms and
conditions of a Delegation Agreement which the
municipality shall enter into with the Control
Authority. The conference shall be conducted by
a representative of the Control Authority. The
industrial user shall present a plan and schedule
for achieving compliance with this Article. The
conference attendees may agree upon a compliance
schedule which sets forth the terms and
conditions and time period or schedule for full
compliance. NOthing contained herein shall
require the Control Authority to accept or agree
to any proposed plan or schedule or prevent the
Control Authority from proceeding with the Show
Cause Hearing as set forth in Subsection (2)
below. Should the attendees agree to a
compliance schedule, the industrial user's
wastewater discharge permit shall be modified
accordingly. An industrial user must exhibit
good faith and expeditious efforts to comply with
this Article and any procedures, requirements and
agreements hereunder.
(b) Show Cause Hearing.
The Control Authority may order any industrial
user who violates this Article, or allows such
violation to occur, to show cause before the
Control Authority why a proposed enforcement
action should not be taken. A notice shall be
served on the industrial user specifying the time
and place of the Hearing before the Control
Authority regarding the violation, the reasons
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why the action is to be taken, the proposed
enforcement action, and directing the industrial
user to show cause before the Control Authority
why a proposed enforcement action should not be
taken. The notice of the Heating shall be served
personally or by registered or certified mail,
return receipt requested, at least ten (10) days
before the Hearing with copies to be provided to
the municipality and the County of Oakland as
provided in the Delegation Agreement. Service
may be on any agent or officer of a corporation
or authorized renresentative,
(c) Hearing Proceeding.
A representative of the Control Authority shall
conduct a Show . Cause Hearing and take the
evidence, and may:
(1) Issue in the name of the Control Authority -
: notices of hearings requesting the
attendance and the testimony of the
witnesses and production of evidence
relevant to any matter involving such
Hearings;
(2) Transmit a report of the evidence and
Hearing, including transcripts and other
evidence, together with recommendations to
the Director and the municipality and County
of Oakland for action thereon.
At any Show Cause Hearing held pursuant to
this Article testimony taken must be under
oath and recorded stenographically.
(3) After a Show Cause Hearing has been
conducted, an order may be issued to the
industrial user by the Control Authority
directing any of the following actions:
(i) Immediate compliance with the
industrial user's wastewater discharge - _ permit or with any applicable
limitation, condition, restriction or
requirement of this Article or
applicable local, state or federal law
or regulation;
(ii) That pretreatment of waste by
installation of adequate treatment
equipment or proper operation and
maintenance of existing treatment
equipment be accomplished within a
specified time period. Sewer or
wastewater treatment service may be
discontinued upon failure to comply;
(iii) Submission of compliance reports on
effluent quantity and quality as
determined by self-monitoring and .
analysis during a specified time
period;
(iv) Submission of period reports and
effluent quality and quantity
determined by self-monitoring analysiS
throughout the final period set by a
compliance date;
(v) control of discharge quantities;
(vi) Payment of costs for reasonable and
necessary inspection, monitoring, and
administration of the industrial
user's activities by the Control
Authority during compliance efforts;
and/or .
(vii) Any such other orders are appropriate,
including but not limited to,
immediate termination of sewer or
wastewater treatment services or
revocation of a wastewater discharge
permit or orders directing that,
following a specified time period,
sewer or wastewater treatment service
will be discontinued unless adequate
treatment facilities, devices, or
operation and maintenance practices
have been employed.
(d) Public Participation.
A list of all industrial users which were the
subject of enforcement proceedings pursuant to
Section 8 of this Article during the twelve (12)
Previous months shall be annually published by
the Control Authority in the largest daily
newspaper, published in or generally circulated
in the County of Oakland, summarizing the
enforcement actions taken against the industrial
users during the same twelve (12) months whose
violations remain uncorrected forty five (45) or
more days after notification of non-compliance
over that twelve (12) month period, or which
involved failure to accurately report
non-compliance or require the Control Authority
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to use its emergency authorities. All industrial
users identified inthe proposed publication
shall be provided a copy of that proposed notice
at least thirty (30) days before publication and
provided with an opportunity to comment as to its
accuracy.
G. Legal Actions.
If any person discharges sewage, industrial waste or
other waste into the POTW contrary to the provisions
of this Article or a permit or order issued
thereunder, the County of Oakland or the Control
Authority or both of them may commence a civil action
to enjoin such discharge or to enforce compliance with
these Regulations, a permit or order issued
thereunder, in the Circuit Court for the County of
Oakland or other appropriate court. Upon a proper
showing of a violation of this Article, a permit or
order issued thereunder, a permanent or temporary
injunction may be granted without bond.
The Control Authority or the County of Oakland, or
both, may also seek additional legal and/or equitable
relief. Instituting suit in a Circuit Court does not
constitute an exclusive election of remedies and does
not prohibit the Control Authority or the County of
Oakland from commencing action in Federal Court for
discharges believed to be in violation of these
Regulations, state and federal requirements pursuant
to the Clean Water Act, City of Detroit's NPDES
Permit, or other applicable laws or requirements. The
Control Authority or the County of Oakland may also
recover reasonable attorneys' fees, court costs, court
reporters' fees, and other unusual expenses related to
enforcement activities or litigation against the
person found to have violated this Article or the
other orders, rules, regulations, and permits issued
hereunder.
Section 9. Review and Appeal.
The following - procedures control the course of
reconsideration and appeal to the Control Authority with
respect to the construction, application, or enforcement of
this Article and may be used if informal methods do not achieve
satisfaction.
A. Any permit applicant, permit holder, authorized
industrial wastewater discharger, or other discharger
adversely affected by any decision, act, or
determination made by or on behalf of the Control
Authority by the Director, or his authorized
ARTICLE VII
SEPARABILITY CLAUSE
If any part or parts of these Regulations are held to be
invalid or of no effect by any court, board or agency, the
remaining part or parts of the Regulations shall remain in full
force and effect and continue to be the full Regulation
repT:e5:entative, in .11 -terpreting or implementing the
provisions of this Article or any permit issued
. thereunder, with the exception of any decision,
determination or order made following -a Show Cause
- Hearing pursuant to this Article may file with the
Control Authority a written request for
reconsideration. Such request shall be received at
the Control Authority's general offices within twenty
(20) days of the date of the occurrence of the Control
Authority's action of decision to dispute. All
requests shall set forth the reauestor's name,
address, along with a brief statement of the reasons
it is requesting and the factual basis for the .
request. The request shall be filed in triplicate and
sent by certified mail to the general offices of the
Control Authority.
B. The Control Authority shall notify the applicant
within fifteen'(15)'days after receipt Of any requests
for reconsideration of the time and place for Hearing
upon the request. The Hearing shall be conducted by
- the Director or his authorized representative not •less
than ten (10) days and not more than thirty (30) days
after mailing such notice. The Hearing may be
continued for a reasonable time for good cause shown
at the discretion of the Director. The Hearing shall
be held as an informal consultation in conference in
which the requestor, in person or by counsel, shall
present his argument, evidence, data, and proof in
connection with the issues submitted. The party shall
not be bound by the legal rules of evidence. The
Hearing shall be recorded and the requestor shall be
provided with the transcript thereof upon request and
upon payment of the cost thereof. The decision of the
. Director shall be made known to the requestor by
certified mail within thirty (30) days after the
Hearing.
C. The requestor may appeal a ruling of the Director on
the request for reconsideration or any order or
decision issued following a_ Show Cause Hearing
pursuant to this Article by filing a request for an
appearance before the Board. Procedures for
appearance before the Board will be determined by the
Board, and the requester will be notified' of these
procedures within •thirty (30) days after such a
request is filed.
D. The filing of a . request for reconsideration, or for
appeal in appearance before the Board shall stay any
action by the Control Authority, unless such action is
immediately necessary to prevent pass :through,
interference, or other significant harm to the POTW.
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2 RESOLUTION It 89 May 11, 1989
Moved by Hobart supported by Chester the resolution be adopted.
AYES: Oaks, Pappageorge, Price, Rewold, Skarritt, Wolf, Aaron, Caddell,
Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, Luxon, McCulloch,
Moffitt. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
n
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do
hereby certify that I have compared the annexed copy of the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on May 11 , 19 89 with the original record thereof now remaining
on file 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 this 11th day of May , 1989
* t, 4 , 04" 2 5 •
LYN,VD, ALLEN, County Clerk
Redister of Deeds
U-61576TY77-69: