The water supply and sewage disposal system of the city shall be operated on a fiscal year beginning on July 1st and ending on June 30th next succeeding.

(Code 1958, § 7-323; Ord. No. 275, § 1, 12-13-65)

Funds for the payment of principal and interest on bonds payable from revenues of the water supply and sewage disposal system shall be set aside in such a manner that there shall be made available in each quarter of each fiscal year of the system one-half of the total amount of interest and one-quarter of the total amount of principal next falling due on such bonds.

(Code 1958, § 7-324; Ord. No. 275, § 1, 12-13-65)

The City of Detroit, through the Detroit Water and Sewerage Department, as the state approved control authority, is authorized to administer and enforce the provisions of this article on behalf of the City of Madison Heights. The City of Madison Heights has executed and hereby ratifies its delegation agreement with the City of Detroit through the Detroit Water and Sewerage Department, which sets forth the terms and conditions of such delegated authority, consistent with this article, and shall allow the Detroit Water and Sewerage Department to perform the specific responsibilities of control authority pursuant to state and federal law.

(Ord. No. 1068, § 1, 8-24-09)

(a)

The purpose of this article is the protection of the environment, and of public health and safety by abating and preventing pollution through the regulation and control of the quantity and quality of wastes admitted to or discharged into the wastewater collection and treatment system under the jurisdiction of the city and enabling the city to comply with all applicable state and federal laws required by the Federal Water Pollution Control Act, being 33 U.S.C. § 1251, et seq.), and the General Pretreatment Regulations, being 40 C.F.R. part 403.

(b)

The objectives of this article are:

(1)

To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge, or will pose a hazard to the health or welfare of the people or of employees of the City of Detroit Water and Sewerage Department;

(2)

To prevent the introduction of pollutants into the wastewater system which will pass inadequately treated through the system into receiving waters, the atmosphere or the environment, or otherwise be incompatible with the system;

(3)

To improve the opportunity to recycle or reclaim wastewater or sludge from the system in an economical and advantageous manner; and

(4)

To provide for the recovery of the costs from users of the wastewater collection and treatment system sufficient to administer regulatory activities and meet the costs of the operation, maintenance, improvement or replacement of the system.

(c)

This article provides for the regulation of contributors to the Detroit and city wastewater collection and treatment system through the issuance of wastewater discharge permits to certain users and through the enforcement of general requirements for all users, authorizes monitoring and enforcement, and authorizes fees and penalties.

(Ord. No. 1068, § 1, 8-24-09)

By virtue of the obligations and authority placed upon the City by the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, being (33 U.S.C. § 1251 et seq.; M.S.A. 3.521 et seq.; the 1963 Constitution of the State of Michigan; Public Act 245 of 1929, as amended, being MCL 323.1 et seq.; the 1997 City Charter of the City of Detroit; the National Pollutant Discharge Elimination System (NPDES) permit for the City of Detroit Publicly Owned Treatment Works (POTW); the Consent Judgment in U.S. EPA v. City of Detroit et al, Federal District Court for the Eastern District of Michigan Case No. 77-1100, as amended; and existing or future contracts between the Board of Water Commissioners and suburban communities or other governmental or private entities; or by virtue of common law usage of the system, this article shall apply to every user contributing or causing to be contributed, or discharging, pollutants or wastewater into the wastewater collection and treatment system of the City of Detroit POTW.

(Ord. No. 1068, § 1, 8-24-09)

(a)

For purposes of this article and unless the context specifically indicates otherwise, the following terms and phrases, shall have the meanings ascribed to them by this section:

(1)

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, being 33 U.S.C. § 1251 et seq.

(2)

Authorized representative of industrial user means:

a.

Responsible corporate officer, where the industrial user submitting the reports required by this article is a corporation, who is either:

1.

The president, vice-president, secretary, or treasurer of a corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or

2.

The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 in second-quarter 1980 dollars, when authority to execute documents has been assigned or delegated to said manager in accordance with corporate procedures; or

b.

A general partner or proprietor where the industrial user submitting the reports required by this article is a partnership or sole proprietorship respectively. (See section 29-111(n).)

(3)

Available cyanide means the quantity of cyanide that consists of cyanide ion (CÑ) hydrogen cyanide in water (HCNaq), and the cyano-complexes of zinc, copper, cadmium, mercury nickel and silver, determined by EPA method OIA-1677, or other method designated as a Standard Method or approved under 40 CFR 136.

(4)

Best Management Practices (BMP) means programs, practices, procedures or other directed efforts initiated and implemented by the user which can or do lead to the reduction, conservation or minimization of pollutants being introduced into the ecosystem, including but are not limited to the Detroit sewer system. BMPs include, but are not limited to, equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control and may include technical and economic considerations.

(5)

Biochemical oxygen demand (BOD) means the quality of dissolved oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure five days at 20 degrees centigrade expressed in terms of mass and concentration (milligrams per liter (mg/l)) as measured by standard methods.

(6)

Board means the Board of Water Commissioners of the City of Detroit.

(7)

Bypass means the intentional diversion of a wastestream from any portion of an industrial user's treatment facility. (See 40 C.F.R. § 403.17.)

(8)

Centralized waste treatment (CWT) facility means any facility that treats any hazardous or nonhazardous industrial waste received from off-site by tanker truck, trailer, roll-off bins, drums, barges, or any other forms of shipment including

a.

A facility that treats industrial waste received exclusively from off-site, and

b.

A facility that treats industrial waste generated on-site as well as industrial waste received from off-site.

(9)

City means the City of Madison Heights.

(10)

Compatible industrial wastewater means wastewater that is produced by an industrial user which has a pollutant strength or characteristics similar to those found in domestic wastewater, and which can be efficiently and effectively transported and treated with domestic wastewater.

(11)

Compatible pollutant means pollutants which can be effectively removed by the POTW treatment system to within the acceptable levels for the POTW residuals and the receiving stream.

(12)

Composite sample means a collection of individual samples which are obtained at regular intervals and collected on a time-proportional or flow-proportional basis over a specified period and which provides a representative sample of the average stream during the sampling period. A minimum of four aliquot per 24 hours shall be used where the sample is manually collected. (See 40 C.F.R. § 403, Appendix E.)

(13)

Confidential information means the information which would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. (See section 29-113.3.)

(14)

Control authority means the Detroit Water and Sewerage Department which has been officially designated as such by the State of Michigan under the provisions of 40 C.F.R. § 403.12. (See 40 C.F.R. § 403.12(a).)

(15)

Cooling water means the non-contact water discharged from any use such as air conditioning, cooling or refrigeration, and whose only function is the exchange of heat.

(16)

Days mean consecutive calendar days for the purpose of computing a period of time prescribed or allowed by this article.

(17)

Department means the City of Detroit Water and Sewerage Department, and authorized employees of the department.

(18)

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the State of Michigan.

(19)

Director means the director of the Detroit Water and Sewerage Department, or the Director's designee.

(20)

Discharger means a person who, directly or indirectly, contributes, causes, or permits wastewater to be discharged into the POTW.

(21)

Domestic sewage means waste and wastewater from humans or household operations which is discharged to, or otherwise enters, a treatment works.

(22)

Environmental Protection Agency or administrator or EPA administrator means the United States Environmental Protection Agency or, where appropriate, the authorized representatives or employees of the EPA.

(23)

Facility means a location which contributes, causes or permits wastewater to be discharged into the POTW including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable.

(24)

Fats, oils or grease (FOG) means any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other nonvolatile material of animal, vegetable or mineral origin that is extractable by solvent in accordance with standard methods.

(25)

Flow proportional sample means a composite sample taken with regard to the flow rate of the wastestream.

(26)

Grab sample means an individual sample collected over a period of time not exceeding 15 minutes, which reasonably reflects the characteristics of the stream at the time of sampling.

(27)

Indirect discharge or discharge means the discharge or the introduction of pollutants into the POTW from any non-domestic source regulated under 33 U.S.C. § 1317(b), (c) or (d).

(28)

Industrial user means a person who contributes, causes or permits wastewater to be discharged into the POTW, including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable but excludes single-family and multi-family residential dwellings with discharges consistent with domestic waste characteristics.

(29)

Industrial waste means 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.

(30)

Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

a.

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

b.

Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance 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, as amended, being 33 U.S.C. § 1345, the Solid Waste Disposal Act (SWDA), as amended, (including the Resource Conservation and Recovery Act (RCRA), and State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

(31)

May means permissive.

(32)

National categorical pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 33 U.S.C. § 1317 (b) and (c) which applies to a specific class or category of industrial users.

(33)

National Pollutant Discharge Elimination System (NPDES) permit means a permit issued pursuant to 33 U.S.C. § 1342.

(34)

New source means:

a.

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under 33 U.S.C. § 1317(c) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided, that:

1.

The building, structure, facility or installation is constructed at a site where no other source is located; or

2.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3.

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered; or

b.

Construction on a site where an existing source is located resulting in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs a.2. or a.3. of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or

c.

Construction of a new source has commenced where the owner or operator has:

1.

Begun, or caused to begin as part of a continuous on-site construction program:

(i)

Any placement, assembly, or installation of facilities or equipment; or

(ii)

Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities that are necessary for the placement, assembly, or installation of new source facilities or equipment; or

2.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section.

(35)

Pass through means discharge which exits the POTW into waters of the United States in quantities or concentrations, which alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW NPDES permit including an increase in the magnitude or duration of a violation.

(36)

Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, unit of government, school district, or any other legal entity, or their legal representative, agent or assigns.

(37)

pH means the intensity of the acid or base condition of a solution, calculated by taking the negative base-ten logarithm of the hydrogen ion activity. Activity is deemed to be equal to concentration in moles per liter.

(38)

Pollutant means any dredged spoil, solid waste, incinerator residue, sewage garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, or industrial, municipal and agricultural waste which is discharged into water.

(39)

Pollution means the introduction of any pollutant that, alone or in combination with any other substance, can or does result in the degradation or impairment of the chemical, physical, biological or radiological integrity of water.

(40)

Pretreatment means 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 POTW. 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.

(41)

Pretreatment requirements means any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard imposed on an industrial user. (See 40 C.F.R. § 403.3(r).)

(42)

Pretreatment standards means all National Categorical Pretreatment Standards, the general prohibitions specified in 40 C.F.R. § 403.5(a), the specific prohibitions delineated in 40 C.F.R. § 403.5(b), and the local or specific limits developed pursuant to 40 C.F.R. § 403.5(c), including the discharge prohibitions specified in section 29-111 of this Code.

(43)

Public sewer means a sewer of any type controlled by a governmental entity.

(44)

Publicly owned treatment works (POTW) means a treatment works as defined by 33 U.S.C. § 1292(2)(A) which is owned by a state or municipality, as defined in 33 U.S.C. § 1362, including:

a.

Any devices and systems used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial waste of a liquid nature;

b.

Sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant; or

c.

The municipality, as defined in 33 U.S.C. § 1362, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

(45)

POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater, including recycling and reclamation of wastewater.

(46)

Quantification level means the measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calculated at a specified concentration above the detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant.

(47)

Representative sample means any sample of wastewater, which accurately and precisely represents the actual quality, character, and condition of one or more pollutants in the wastestream being sampled. Representative samples shall be collected and analyzed in accordance with 40 C.F.R. Part 136.

(48)

Sanitary wastewater means the portion of wastewater that is not attributable to industrial activities and is similar to discharges from domestic sources including, but not limited to, discharges from sanitary facilities and discharges incident to the preparation of food for on-site non-commercial consumption.

(49)

Shall means mandatory.

(50)

Significant noncompliance means any violation which meets one or more of the following criteria:

a.

Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all of the measurements taken during a six month period exceed by any magnitude the daily maximum limit or the average limit for the same parameter;

b.

Technical review criteria (TRC) violations, defined as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, Fats, Oil and Grease, and 1.2 for all other pollutants except pH);

c.

Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the department determines has caused, alone or in combination with other discharges, interference or pass-through including endangering the health of POTW personnel or the general public;

d.

Any discharge of a pollutant that has caused imminent endangerment to human health or welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority;

e.

Failure to meet a compliance schedule milestone contained in a local control mechanism, or enforcement order for starting construction, completing construction, or attaining final compliance within 90 days after the scheduled date;

f.

Failure to provide required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within 30 days after the due date;

g.

Failure to accurately report noncompliance; or

h.

Any other violation or group of violations which the department determines will adversely affect the operation or implementation of the local pretreatment program.

(51)

Significant industrial users means any user of the POTW who:

a.

Has an average discharge flow of 25,000 gallons per day or more of process wastewater excluding sanitary, boiler blowdown, and noncontact cooling water; or

b.

Has discharges subject to the national categorical pretreatment standards; or

c.

Requires pretreatment to comply with the specific pollutant limitations of this article; or

d.

Has in its discharge toxic pollutants as defined pursuant to 33 U.S.C. § 1317, or other applicable federal and State laws or regulations, that are in concentrations and volumes which are subject to regulation under this article as determined by the department; or

e.

Is required to obtain a permit for the treatment, storage or disposal of hazardous waste pursuant to regulations adopted by this State or adopted under the Federal Solid Waste Disposal Act, as amended by the Federal Resource Conservation and Recovery Act, as amended, and may or does contribute or allow waste or wastewater into the POTW including, but not limited to, leachate or runoff; or

f.

Is found by the City of Detroit or City of Madison Heights to have a reasonable potential for adverse effect, either singly or in combination with other contributing industries, on the POTW operation, the quality of sludge, the POTW's effluent quality, or air emissions generated by the POTW.

(52)

Slug means any discharge of a non-routine episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge.

(53)

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, as amended.

(54)

Standard methods mean methods set forth in 40 C.F.R. Part 136, "Guidelines for Establishing Test Procedures for Analysis of Pollutants" or 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 Federation, 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 regarding procedures for the analysis of a specific pollutant, the methods given in 40 C.F.R. Part 136 shall be followed.

(55)

State means the State of Michigan.

(56)

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

(57)

Suspended solids (total) mean the total suspended matter which floats on the surface of, or is suspended in, water, wastewater or other liquids, and is removable by laboratory filtration or as measured by standard methods.

(58)

Total PCB means the sum of the individual analytical results for each of the PCB aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260 during any single sampling event with any aroclor result less than the quantification level being treated as zero.

(59)

Total Phenolic Compounds means the sum of the individual analytical results for each of the phenolic compounds of 2-chlorophenol, 4-chlorophenol, 4-chloro-3-methylphenol, 2,4-dichlorophenol,
2,4-dinitrophenol, 4-methylphenol, 4-nitrophenol, and phenol during any single sampling event expressed in mg/1.

(60)

Toxic pollutant means any pollutant or combination of pollutants designated as toxic in regulations promulgated by the Administrator of the U.S. Environmental Protection Agency under the provisions of the Clean Water Act, being 33 U.S.C. § 1317, or included in the Critical Materials Register promulgated by the Michigan Department of Environmental Quality, or by other federal or state laws, rules or regulations.

(61)

Trade secret means the whole, or any portion or phase, of any proprietary manufacturing process or method, not patented, which is secret, is useful in compounding an article of trade having a commercial value, and whose secrecy the owner has taken reasonable measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes but excludes any information regarding the quantum or character of waste products or their constituents discharged or sought to be discharged into the Detroit wastewater treatment plant, or into the wastewater system tributary thereto.

(62)

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with limits imposed under this article or with national categorical pretreatment standards due to factors beyond the reasonable control of the industrial user but excludes noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

(63)

User means any person who, directly or indirectly, contributes, causes or permits the discharge of wastewater into the POTW as defined herein.

(64)

Wastewater or wastestream means 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 POTW including infiltration and inflow waters, stormwater, and cooling water.

(65)

Wastewater discharge permits means permits issued by the department in accordance with section 29-113 of this Code.

(66)

Waters of the state mean groundwater, lakes, rivers, streams, all other watercourses and waters within the confines of this state as well as bordering this state in the form of the Great Lakes.

(b)

For purposes of this article, the following acronyms shall have the meanings designated by this section:

(1)

BMR—Baseline monitoring report.

(2)

BOD—Biochemical oxygen demand.

(3)

C.F.R.—Code of Federal Regulations.

(4)

EPA—Environmental Protection Agency.

(5)

FOG—Fats, oil or grease.

(6)

l—Liter.

(7)

MDEQ—MI Department of Environmental Quality.

(8)

mg—Milligrams.

(9)

mg/l—Milligrams per liter.

(10)

NPDES—National Pollutant Discharge Elimination System.

(11)

POTW—Publicly owned treatment works.

(12)

RCRA—Resource Conservation and Recovery Act, being 42 U.S.C. § 6901 et seq.

(13)

SIC—Standard industrial classification.

(14)

SWDA—Solid Waste Disposal Act, being 42 U.S.C. § 6901 et seq.

(15)

TSS—Total Suspended solids.

(16)

U.S.C.—United States Code.

(Ord. No. 1068, § 1, 8-24-09)

(a)

General pollutant prohibitions. No user shall discharge or cause to be discharged into the POTW, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general discharge prohibitions shall apply to all users of the POTW whether or not the user is subject to national categorical pretreatment standards or to any other federal, state, or local pretreatment standards or requirements. In addition, it shall be unlawful for a user to discharge into the POTW:

(1)

Any liquid, solid or gas, which by reason of its nature or quantity, is sufficient either alone or by interaction with other substances to create a fire or explosion hazard or to be injurious in any other way to persons, to the POTW, or to the operations of the POTW. Pollutants, which create a fire or explosion hazard in a POTW, include, but are not limited to, wastestreams with a closed cup flash point of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21; or

(2)

Any solid or viscous substance in concentrations or quantities, which are sufficient to cause obstruction to the flow in a sewer or other encumbrances to the operation of the POTW, including, but not limited to, grease, animal guts or tissues, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, cement, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, strings, fibers, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubrication oil, mud or glass grinding or polishing wastes, or tumbling and deburring stones; or

(3)

Any wastewater having a pH of less than 5.0 units or greater than 11.5 units; or

(4)

Any wastewater containing petroleum oil, non-biodegradable cutting oil, products of mineral oil origin, or toxic pollutants in sufficient concentration or quantity either singly or by interaction with other pollutants to cause interference, or pass through, or constitute a hazard to humans or animals; or

(5)

Any liquid, gas, solid or form of energy, which either singly or by interaction with other waste is sufficient to create toxic gas, vapor, or fume within the POTW in quantities that may cause acute worker health and safety problems, or may cause a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for their maintenance and repair; or

(6)

Any substance which is sufficient to cause the POTW's effluent or any other product of the POTW, such as residue, sludge, or scum 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 noncompliance with sludge use or disposal criteria guidelines or regulations developed under 33 U.S.C. § 1345, with any criteria, guidelines, or developed and promulgated 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 with State criteria applicable to the sludge management method being used; or

(7)

Any substance which will cause the POTW to violate either the Consent Judgment in U.S. EPA v. City of Detroit et al., Federal District Court for the Eastern District of Michigan Case No. 77-1100, or the City of Detroit's National Pollutant Discharge Elimination System permit; or

(8)

Any discharge having a color uncharacteristic of the wastewater being discharged; or

(9)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into a public sewer which exceeds 150°F or which will cause the influent at the wastewater treatment plant to rise above 104°F (40°C); or

(10)

Any pollutant discharge which constitutes a slug; or

(11)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with applicable federal or State regulations; or

(12)

Any floating fats, oil or grease which are sufficient to cause interference with or pass through the POTW; or

(13)

Any solid materials having a specific gravity greater than one-half or a cross section dimension of one-half inch or greater which are sufficient to cause interference with the POTW.

(b)

Specific pollutant prohibitions. No user shall discharge wastewater containing in excess of the following limitations:

(1)

Compatible pollutants. See Appendix C.

(2)

Non-compatible pollutants. No user shall discharge wastewater containing in excess of (mg/l):

Or See Appendix B

All limitations are based on samples collected over an operating period representative of an industrial user's discharge, and in accordance with 40 C.F.R. part 136.

a.

The limitation for total PCB is non-detect. Total PCB shall not be discharged at detectable levels, based upon U.S. EPA Method 608, and the quantification level shall not exceed 0.2 ugm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of total PCB, the user shall be required to demonstrate compliance. For purposes of this section, this demonstration may be made using analytical data showing that the total PCB concentration is below the detection level, or submission of a BMP in accordance with section 29-113.5(d).

b.

The limitation of Mercury (Hg) is non-detect. Mercury (Hg) shall not be discharged at detectable levels, based upon U.S. EPA Method 245.1, and the quantification level shall not exceed 0.2 ugm/1, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of Mercury, the user shall be required to demonstrate compliance. For the purposes of this section, this demonstration may be made using analytical data showing that the mercury concentration is below the detection level, or submission of a BMP in accordance with 29-113.5(d).

All limitations are based on samples collected over an operating period representative of an industrial user's discharge, and in accordance 40 CFR Part 136.

(3)

Compliance period. Within 30 days of the effective date of this ordinance, the department shall notify all industrial user's operating under an effective wastewater discharge permit of the requirement to submit a compliance report within 180 days after the effective date of this ordinance. The compliance report shall demonstrate the user's compliance or non-compliance with these limitations, and, in the event of non-compliance, include the submission of a plan and schedule for achieving compliance with the stated limitation. In no event shall a compliance schedule exceed 18 months from the effective date of this ordinance. An industrial user who does not demonstrate compliance may petition the department for a second extension as part of an administrative consent order. The department shall include appropriate monitoring, reporting, and penalties into an administrative consent order that relates to a second extension, and shall enter into such an agreement only upon a good-faith showing by the industrial user of the actions taken to achieve compliance with this provision.

(c)

National categorical pretreatment standards. All users shall comply with the applicable national categorical pretreatment standards and requirements promulgated pursuant to the act as set forth in 40 C.F.R. Subchapter N, Effluent Guidelines and Standards, which are hereby incorporated by reference and with all other applicable standards and requirements, provided, however, that where a more stringent standard or requirement is applicable pursuant to state law or regulation, or to this article, then the more stringent standard or requirement shall be controlling. Affected dischargers shall comply with applicable reporting requirements under 40 C.F.R. part 403 and as established by the department. The National Categorical Pretreatment Standards which have been promulgated as of the effective date of this article are delineated in Appendix A of this article.

(1)

Intake water adjustment. Industrial users seeking adjustment of national categorical pretreatment standards to reflect the presence of pollutants in their intake water must comply with the requirements of 40 C.F.R. § 403.15. Upon notification of approval by the department, the adjustment shall be applied by modifying the permit accordingly. Intake water adjustments are not effective until incorporated into an industrial user's permit.

(2)

Modification of national categorical pretreatment standards. The department may apply to the U.S. Environmental Protection Agency, or to the Michigan Department of Environmental Quality, whichever is appropriate, for authorization to grant removal credits in accordance with the requirements and procedures in 40 C.F.R. § 403.7. Such authorization may be granted only when the POTW treatment plant can achieve consistent removal for each pollutant for which a removal credit is being sought, provided, that any limitation of such pollutant(s) in the NPDES permit neither are being exceeded nor pose the prospect of being exceeded as a result of the removal credit being granted. Where such authorization is given to the department, any industrial user desiring to obtain such credit shall make an application to the department, consistent with the provisions of 40 C.F.R. § 403.7 and of this article. Any credits which may be granted under this section may be subject to modification or revocation as specified in 40 C.F.R. § 403.7, or as determined by the department. A requisite to the granting of any removal credit may be that the industrial user pay a surcharge based upon the amounts of such pollutants removed by the POTW, such surcharge being based upon fees or rates which the board may establish and, when appropriate, revise from time to time. Permits shall reflect, or be modified to reflect, any credit granted pursuant to this section.

(3)

New sources. Industrial users who meet the new sources criteria shall install, maintain in operating condition, and "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time and not to exceed 90 days, new sources must meet all applicable pretreatment standards.

(4)

Concentration and mass limits. When limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the department may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users. Equivalent limitations shall be calculated in accordance with Sections 40 C.F.R. § 403.6(c)(3) and/or 40 C.F.R. § 403.6(c)(4) and shall be deemed pretreatment standards for the purposes of 33 U.S.C. § 1317(d) and of this article. Industrial users will be required to comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

(5)

Reporting requirements for industrial users upon effective date of categorical pretreatment standards-baseline report. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under Section 40 C.F.R. § 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging into or scheduled to discharge into the Detroit POTW shall submit to the department a report containing the information listed in 40 C.F.R. § 403.12(b)(1-7). Where reports containing this information have already been submitted to the Director or regional administrator in compliance with the requirement of 40 C.F.R. § 128.140(b), the industrial user will not be required to resubmit this information. At least 90 days before commencement of any discharge, each new source and any existing sources that become industrial users after the promulgation of an applicable categorical pretreatment standard shall submit to the department a report which contains the information listed in 40 C.F.R. § 403.12(b)(1-5). In such report, new sources shall include information concerning the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall provide estimates of the information requested in 40 C.F.R. § 403.12(b)(4) and (5).

(d)

Dilution prohibited. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, 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 the City of Madison Heights, the City of Detroit or by the State of Michigan.

(e)

Hauled in wastewater. Any waste material or wastewater which is hauled into or within the service region for discharge to the POTW is subject to the requirements of this article including, but not limited to, permits, inspection, monitoring and enforcement. Unloading liquid or solid waste from hauling vehicles, directly or indirectly, into the POTW, with or without the benefit of pretreatment, is prohibited unless the person proposing to unload such waste has applied for and received a permit from the department for unloading such waste in accordance with the board's rules pertaining thereto. The discharger shall be subject to applicable terms and conditions, surcharges, fees or rates as established by the board. Hauled in wastewater shall only be discharged at points designated by the POTW after authorization or approval issued pursuant to the general permit requirements specified in section 29-113 of this Code. The department may establish specific limitations for sludge from municipally owned or operated POTW treatment plants which are different than the specific limitations in this article.

(f)

Centralized waste treatment. It is unlawful for a centralized waste treatment (CWT) facility to discharge any industrial waste or wastewater into the POTW without a wastewater discharge permit from the department. Any authorization granted, or permit issued, by the department to a centralized waste treatment (CWT) facility shall specify the type of wastewater for which treatment is provided, and discharge approval is sought, from the POTW. Unless such industrial waste or wastewater is determined by the department to require further authorization, a centralized waste treatment (CWT) facility that has submitted an application to, and received previous approval from, the department to discharge wastewater is not required to obtain further authorization from the department before discharging such wastewater.

An industrial user, that provides centralized waste treatment services and files an application for the treatment and discharge of such types of wastewater to the POTW, shall provide the following minimum information in support thereof:

(1)

The general nature, source and process(es) generating the type of wastewater. Any wastewater, which is generated from those processes and is subject to National Categorical Pretreatment Standards as delineated in Appendix A of this article, shall be so designated;

(2)

The identity of the toxic pollutants known or suspected to be present in the wastewater;

(3)

At least one sample report showing the results of an analysis for the EPA priority pollutants for each type of wastewater for which application is made in subsection (f)(1) of this section;

(4)

A statement, that is certified by a professional engineer, which addresses the treatability and compatibility of the wastewater, received or collected by the facility's treatment process(es);

(5)

The identity of the materials and/or pollutants whose transport or treatment are regulated by the EPA, by the state, or by any other governmental agency. Upon request, the centralized waste treatment (CWT) facility shall provide a copy of its permit and/or license to the department; and

(6)

Other information requested by the department including, but not limited to, information required by section 29-113(c)(1) through (18) of this Code, or by rules adopted by the board.

The discharge from a centralized waste treatment (CWT) facility will be deemed approved for those specific types of wastewater delineated in a permit and, upon issuance of such permit in accordance with the procedures contained in section 29-113 of this Code, will be deemed approved for discharge into the POTW. The centralized waste treatment (CWT) facility shall comply with all applicable provisions contained in section 29-113 of this Code regarding permits. In furtherance of its obligations as control authority, the department may include in the permit a requirement to report at selected intervals the information mandated in subsections (1) through (6) of this section. All users granted a permit under this section shall maintain records which, at a minimum, identify the source, volume, character, and constituents of the wastewater accepted for treatment and disposal. These records may be reviewed at any time by the department.

(g)

Groundwater discharges. Unless authorization has been granted by the department, the discharge of any groundwater into the POTW is prohibited. The department may authorize the discharge of groundwater resulting from maintenance and related activities of gas, steam, or electrical utilities through the use of general permits. Subject to appropriate reporting requirements, the general permit shall authorize discharge in accordance with the terms of the permit. Utilities shall comply with this provision within 180 days after its enactment. If a person, who proposes to discharge groundwater resulting from purge, response activity, or UST projects, has applied for and received a permit from the department, the department may authorize the discharge of such wastewater. Permits shall be issued in accordance with the procedures contained in section 29-113 of this Code, or in accordance with any rules adopted by the board.

(h)

City of Madison Heights right of revision. The City of Detroit and the City of Madison Heights reserve the right to establish rules or regulations adopted by the board, additional or more stringent limitations or requirements on discharges to the POTW. These rules and regulations shall be adopted in accordance with the rule-making procedures in Section 2-111 of the 1997 Detroit City Charter, if any. Ninety days after adoption by the board, industrial users shall comply with such rules and regulations.

(i)

Accidental discharges.

(1)

Each industrial user, which does not currently have an approved spill prevention plan or slug control plan, shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article, and all significant industrial users shall submit to the department detailed plans which show facilities and operating procedures to be implemented to provide protection against such accidental discharges. Facilities and measures to prevent and abate accidental discharges shall be implemented, provided, and maintained at the owner's or industrial user's cost or expense. Unless the significant industrial user has an approved spill prevention or slug control plan, all existing significant industrial users shall complete and submit such a plan within 60 days of the effective date of this article, September 3, 2009. New significant industrial users shall submit such a plan prior to the time they commence discharging.

For purposes of this section, the information provided shall include the approximate average and maximum quantities of such prohibited materials or substances kept on the premises in the form of raw materials, chemicals and/or waste therefrom and the containment capacity for each. Only substances that are in a form which could readily be carried into the POTW and constitute a concentration of five percent or greater in the raw material, chemical solution or waste material, are required to be reported. Volumes of less than 55 gallons, or the equivalent thereof, need not be reported unless lesser quantities could cause pass through or cause interference with the POTW. The industrial user shall promptly notify the department of any significant changes or modifications to the plan including, but not limited to, a change in the contact person, or substance inventory.

(2)

At least once every two years, the department shall evaluate whether a significant industrial user needs a plan to control slug discharges, as defined by 40 C.F.R. § 403.8(f)(2)(v). Unless otherwise provided, all significant users shall complete, implement, and submit such a plan within 30 days of notification by the department.

(j)

Notification requirements. Unless a different notice is provided by this article or applicable law, within one hour of becoming aware of a discharge into the POTW which exceeds or does not conform with federal, state or city laws, rules, regulations or permit requirements, or which could cause problems to the POTW, or which has the potential to cause the industrial user to implement its plan prepared in accordance with subsection (i)(1) of this section, the industrial user shall telephone the department at its control center and notify the department of the discharge. The notification shall include the name of the caller, the location and time of discharge, the type of wastewater, the estimated concentration of excessive or prohibited pollutants and estimated volume, and the measures taken, or being taken, to abate the discharge into the POTW. Within five 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 and when required by the department, the industrial user's wastewater discharge permit may be modified to include additional measures to prevent such future occurrences. Such notification shall not relieve the industrial user of any expense, cost of treatment, 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.

(k)

Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board, or other prominent place, advising employees whom to contact in the department in the event of an actual or excessive or prohibited discharge.

(l)

Recovery of costs. Any user discharging in violation of any of the provisions of this article, which produces a deposit or obstruction, or causes damage to or impairs the department's POTW, or causes the department to violate its NPDES permit, shall be liable to the department for any expense, loss, damage, penalty or fine incurred by the department because of said violation or discharge. Prior to assessing such costs, the department shall notify the user of its determination that the user's discharge was the proximate cause of such damage, obstruction, impairment, or violation of the city's NPDES permit and the department's intent to assess such costs to the user. Any such notice shall include written documentation which substantiates the determination of proximate cause and a breakdown of cost estimates. Failure to pay the assessed costs shall constitute a violation of this article. Such charge shall be in addition to, and not in lieu of, any penalties or remedies provided under this article, or this Code, or other statutes and regulations, or at law or in equity.

(m)

Hazardous waste notification. All industrial users, who discharge into the City of Madison Heights collection system, shall notify the department in writing of any discharge of a substance which, if otherwise disposed of, would be a hazardous waste as set forth in 40 C.F.R. Part 261. Such notification must comply with the requirements of 40 C.F.R. § 403.12(p).

(n)

Authorized representative. The authorized representative, as defined in section 29-110 of this Code, may designate a duly authorized representative of the individual designated in section 29-110(a)(2)a. or b. where:

(1)

The authorization is made in writing by the individual defined in section 29-110(a)(2)a. or b.;

(2)

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility where the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(3)

The written authorization is submitted to the department.

(o)

Pollution prevention. The department shall encourage and support industrial users to develop and implement pollution prevention programs which eliminate or reduce pollutant contributions beyond the levels required by this article. The department may require an industrial user to implement pollution prevention initiatives or BMP, as part of an enforcement response, or as necessary to comply with its NPDES permit.

(Ord. No. 1068, § 1, 8-24-09)

(a)

The purpose of this section is to provide for the recovery of costs from users of the POTW. The applicable charges or fees established by the board shall be sufficient to meet the costs of the operation, maintenance, improvement or replacement of the system, or as provided by law or by board action.

(b)

The board shall adopt charges and fees which shall include, but not be limited to:

(1)

Fees for reimbursement of costs of establishing, operating, maintaining, or improving the department's industrial waste control and pretreatment programs; and

(2)

User fees based upon volume of waste and concentration or quantity of specific pollutants in the discharge, and treatment costs including sludge handling and disposal; and

(3)

Reasonable fees for reimbursement of costs for hearings including, but not limited to, expenses regarding hearings officers, court reporters, and transcriptions; and

(4)

Other fees, which the board may deem necessary, to carry out the requirements contained herein, or as may be required by law.

(Ord. No. 1068, § 1, 8-24-09)

(a)

Required. It shall be unlawful for users to discharge into the POTW any wastewater which will cause interference or pass through, or otherwise not comply with the discharge prohibitions of section 29-111 of this Code. It shall be unlawful for a significant industrial user to discharge into the POTW without a wastewater discharge permit from the Detroit Water and Sewerage Department. Unless otherwise expressly authorized by the department through permit, order, rule or regulation, any discharge must be in accordance with the provisions of this article.

(1)

All significant industrial users, which are in existence on the effective date of this article, shall apply for a wastewater discharge permit within 30 days of the effective date of this article. Significant industrial users who are currently operating with a valid wastewater discharge permit are not subject to this provision. These applications are to include all information specified in subsection (c) of this section and, where applicable, any additional information which may be needed to satisfy the federal baseline monitoring report requirements of 40 C.F.R. § 403.12(b).

(2)

All new significant users shall apply for a wastewater discharge permit at least 90 days prior to commencement of discharge. The application must include all information specified in subsection (c) of this section and, where applicable, any additional information that may be needed to satisfy the federal BMR requirements of 40 C.F.R. § 403.12(b). Until a permit is issued and finalized by the department, no discharge shall be made into the POTW.

(3)

Any user, who proposes to discharge any wastewater other than sanitary or noncontact cooling water into the POTW, shall request approval from the department for the discharge(s) at least 30 days prior to the commencement of the discharge.

(b)

Permit application or reapplication. The department may require any user to complete a questionnaire and/or a permit application and to submit the same to the department for determining whether the industrial user is a significant user, or to determine changes in the wastewater discharges from a user's facility. Within 30 days of being so notified, a user shall comply with the department's request in the manner and form prescribed by the department. Failure of the department to so notify a user shall not relieve the user of the duty to obtain a permit as required by this article.

(1)

A user, which becomes subject to a new or revised National Categorical Pretreatment Standard, shall apply for a wastewater discharge permit within 90 days after the promulgation of the applicable National Categorical Pretreatment Standard, unless an earlier date is specified or required by 40 C.F.R. § 403.12(b). The existing user shall provide a permit application which includes all the information specified in subsections (c) and (g) of this section.

(2)

A separate permit application shall be required for each separate facility.

(3)

Existing permittees shall apply for permit reissuance a minimum of 90 days prior to the expiration of existing permits on a form prescribed by the department.

(c)

Application or reapplication information. In support of an application or reapplication for a wastewater discharge permit, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

(1)

Corporate or individual name, any assumed name(s), federal employer identification number, address, and location of the discharging facility;

(2)

Name and title of the authorized representative of the industrial user who shall have the authority to bind the industrial user financially and legally;

(3)

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, 1987, as amended;

(4)

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 section 29-111(a) and (b) of this Code, those pollutants limited by national categorical pretreatment standards regulations for applicable industries and any toxic pollutants known or suspected to be present in the discharge, regulated in the previous permit, or specifically requested by the Detroit Water and Sewerage Department. For each parameter, the expected or experienced maximum and average concentrations during a one year period shall be provided. For industries subject to national categorical pretreatment standards or requirements, the data requested herein shall be separately shown for each categorical process wastestream. Combined wastestreams proposed to be regulated by the combined wastestream formula shall also be identified. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to 33 U.S.C. § 1314(g) and contained in 40 C.F.R. Part 136, as amended. Where 40 C.F.R. Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the administrator.

(5)

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 subsection (c)(4) of this section, identify which pollutants are associated with each process;

(6)

Restricted to only those pollutants referred to in subsection (c)(4) of this section, a listing of raw materials and chemicals which are either used in the manufacturing process or could yield the pollutants referred to in subsection (c)(4). Any user claiming immunity from having to provide such information for reasons of national security shall furnish acceptable proof of such immunity;

(7)

A description of typical daily and weekly operating cycles for each process in terms of starting and ending times for each of the seven days of the week;

(8)

Denote:

a.

The average and maximum 24 hour wastewater flow rates including, if any, daily, monthly and seasonal variations;

b.

Each national categorical process wastestream flow rate and the cooling water, sanitary water and stormwater flow rates separately for each connection to the POTW; and

c.

Each combined wastestream;

(9)

A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW; also a flow schematic showing which connections receive each national categorical process wastestream and which connections receive stormwater, sanitary water or cooling water; also show which lines handle each combined wastestream. This schematic shall be cross-referenced to the information furnished in subsection (c)(8) of this section;

(10)

Each product produced by type, amount, process or processes and rate of production as pertains to processes subject to production based limits under the national categorical pretreatment standards or requirements only;

(11)

A statement regarding whether or not the requirements of this article and of 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. This statement shall be reviewed and signed by the authorized representative and, as appropriate, certified by a qualified professional;

(12)

Basic information on the program for the prevention of accidental discharges in accordance with the requirements of section 29-111(i) of this Code;

(13)

Proposed or actual hours of operation of each pretreatment system for each production process;

(14)

A schematic and description of each pretreatment facility which identifies whether each pretreatment facility is of the batch type or continuous process type;

(15)

If other than Detroit Water and Sewerage Department 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;

(16)

If additional construction and/or operation and maintenance procedures will be required to meet the requirements of this article and the national categorical pretreatment standards, the shortest schedule by which the user will provide such additional construction and/or implement the required operation and maintenance procedures;

(17)

Identify whether the user has conducted a waste minimization assessment or audit of its operations in order to identify all feasible source reduction and recycling practices that may be employed to reduce or eliminate the generation of pollutants and other waste at the facility; and

(18)

Any other information as may reasonably be required to prepare and process a wastewater discharge permit.

(d)

Permit issuance. Upon receipt of an application, the department shall review the application, determine, and so notify the industrial user in writing regarding any of the following:

(1)

The industrial user does not meet the definition of a significant industrial user and is not required to have a wastewater discharge permit;

(2)

The industrial user does meet the definition of a significant industrial user but is found by the department to have no reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement, and is not required to have a wastewater discharge permit. The department shall make such determination in accordance with the requirements of 40 C.F.R. § 403.8(f)(6);

(3)

The application is incomplete or the information only partially satisfies the information and data required by 40 C.F.R. § 403.12 or by the department, and that additional information and data are required which shall be promptly furnished. Where appropriate, the industrial user is notified regarding specific information that is missing, or that the application is unacceptable;

(4)

The industrial user is required to have a wastewater discharge permit. The department shall notify the industrial user of its determination and the basis of the determination.

The department may withhold issuance of a permit to a significant user, which has not submitted an adequate or timely report, or permit application, to the department as the control authority in accordance with the reporting requirements of 40 C.F.R. § 403.12, or whose discharge is in violation of this article. If the department determines that 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. The notification shall contain a copy of the draft permit, so marked, for the industrial user's review. An industrial user has 30 days from the date of mailing to file a response to the draft permit and, in accordance with the procedures contained in section 29-113.6 of this Code, 20 days from the date of mailing to file an appeal regarding a permit issued as final. Upon disposition by the department of any contested terms or conditions, a permit shall be issued as final. Only one facility location shall be included in each permit.

(e)

Permit conditions. Wastewater discharge permits shall contain all requirements of 40 C.F.R. § 403.8(f)(1)(iii) and shall be deemed to incorporate all provisions of this article, other applicable laws, rules, regulations, and user charges and fees established by the City of Detroit or City of Madison Heights without repetition therein. In addition, permits may contain the following:

(1)

Limits on the average and maximum wastewater constituents or characteristics which are equivalent, more restrictive than, or supplemental to the numeric limits enumerated in section 29-111 of this Code, 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 wastestreams 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 schedules;

(6)

Requirements for the prevention of accidental discharges and the containment of spills or slug discharges;

(7)

Restrictions based on the information furnished in the application;

(8)

Additional reporting requirements:

a.

All permittees shall submit a report on the form prescribed by the department, or on an alternative form approved by the department, indicating the status of compliance with all conditions enumerated or referred to in the wastewater discharge permit, or made applicable to the permit by this article. Unless required more frequently, the reports shall be submitted at six month intervals on a schedule to be established by the department. Analytical data generated by the department may not be submitted in lieu of the facility's own monitoring data as required by the wastewater discharge permit.

b.

Permittees not subject to national categorical pretreatment standards or requirements shall submit a report in accordance with the requirements of subsections (e)(8)d. and e. of this section. The report shall show the concentration of each substance for which there is a specific limitation in the permit, or which may be identified by the department in accordance with subsections (e)(9) and (11) of this section.

c.

Permittees subject to national categorical pretreatment standards or requirements shall submit compliance reports at the times and intervals specified by federal regulations and by the department. A compliance report shall be submitted to the department no later than 90 days following the final compliance date for a standard, or in the case of a new source, no later than 90 days, following commencement of the introduction of wastewater into the POTW, and in accordance with 40 C.F.R. § 403.12(d). A report on continued compliance shall be submitted at six month intervals thereafter on the schedule established by the department and incorporated into the industrial users discharge permit and in accordance with Subsections (e)(8)d. and e. of this section. The reports shall be either on a form prescribed by the department or on an alternate form approved by the department, and shall indicate the nature and concentration of all pollutants in the discharge from each regulated process which are limited by national categorical pretreatment standards, or which there is a specific limitation in the permit, or which may be identified by the department in accordance with subsections (e)(9) and (11) of this section. The report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharges regulated by the permit. The combined wastestream formula may be used for reporting purposes after the initial information has been furnished to the department, provided there have been no changes to the elements composing the combined wastestream.

d.

Reports shall contain the results of representative sampling performed during the period covered by the report and of the discharge and analysis of pollutants contained therein, and, for significant industrial users subject to production based standards, shall be cross-referenced to the related flow or production and mass as required to determine compliance with the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable general pretreatment regulations, being 40 C.F.R. § Part 403, or by the department, but no less than is necessary to assess and assure compliance by the industrial user with the most stringent applicable pretreatment standards and requirements. All sampling and analysis shall be performed in accordance with applicable regulations contained in 40 C.F.R. Part 136 and amendments thereto. Where 40 C.F.R. Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the administrator. If an industrial user monitors any pollutant more frequently than required by the department using the procedures as prescribed in this section, the results of this monitoring shall be included in such report. 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 system improvements or changes are necessary to bring the industrial user into compliance with the applicable pretreatment standards.

e.

This report, and those required under section 29-111(c)(5) of this Code and subsections (e)(8)b. and c. of this section, shall include the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction, or supervision, in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and/or imprisonment for knowing violations."

Said certification shall be signed by the facility's authorized representative, as defined in section 29-110(a)(2) of this Code. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of the authorized representative definition must be submitted to the department prior to, or together with, any reports to be signed by an authorized representative.

f.

If sampling performed by a permittee indicates a violation, the user shall notify the department within 24 hours of the time said user becomes, or should have become, aware of the violation. In addition, the user shall repeat the sampling and analysis, and submit the results of the repeat analysis to the department within 30 days after said user becomes, or should have become, aware of the violation.

(9)

In the event the director determines that an industrial user is discharging substances in quality, quantity or at locations which may cause problems to the POTW, or the receiving stream, the department has the authority to develop and enforce effluent limits applicable to the user. To the extent the department seeks to impose restrictions in a permit which are more restrictive than established in this article, the department shall provide written documentation to explain the greater restriction for protection against pass through, interference, or violation of the NPDES permit;

(10)

Requirement for pollution prevention initiatives; and

(11)

Other requirements reasonably necessary to ensure compliance with this article.

(f)

Permit duration. Permits shall be issued for a specified time period. Except as deemed necessary by the department, or as otherwise provided for under this article, permits shall be issued for a specified period of not more than five years nor less than one year. The existing permit for significant industrial users, who timely submit an application for permit reissuance to the department, shall be automatically extended until a permit is issued as final.

(g)

Permit modification. The terms and conditions of the permit may be subject to modification by the department during the term of the permit as limitations or pretreatment standards and requirements identified in section 29-111 of this Code are amended, or other just cause exists. Just cause for a permit modification includes, but shall not be limited to, the following:

(1)

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 30 calendar days of the change;

(2)

Change(s) in the department's NPDES permit;

(3)

Embodiment of the provisions of a legal settlement or of a court order;

(4)

Any changes necessary to fulfill the department's role as control authority;

(5)

An industrial user's noncompliance with portions of an existing permit;

(6)

A change of conditions within the POTW;

(7)

A finding of interference or pass through attributable to the industrial user;

(8)

Amendments to, or promulgation of, national categorical pretreatment standards or requirements including 40 C.F.R. Part 403 and those delineated in Appendix A of this article. Permittees shall request an application form and apply to the department for a modified permit within 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 subsection shall be confined to that information related to the newly promulgated or amended national categorical pretreatment standard or requirement. However, information previously submitted need not be duplicated, insofar as the previously submitted information continues to be current and applicable. In addition, the department may initiate this action;

(9)

Changes in the monitoring location. (See section 29-113.1 of this Code);

(10)

Typographical errors or omissions in permits;

(11)

The department may modify the permit on its own initiative based on its findings or reasonable belief of the above; or

(12)

The user may request a modification of the permit. When initiated by the department, the industrial user shall be informed of any proposed change in its permit. The department will issue a draft permit and an industrial user has 30 days to file a response to the draft modified permit. Thereafter, the department will issue a final permit and, unless appealed in accordance with the procedures contained in section 29-113.6 of this Code, the permit will become effective 20 days after issuance.

(h)

Permit custody and transfer. Wastewater discharge permits are issued to a specific person as defined herein for a specific discharge. A wastewater discharge permit shall not be reassigned or transferred or sold to a different person, new owner, new industrial user, different premises, or a new or changed operation without notice to and written approval of the department, and providing a copy of the existing permit to the new owner or operator. It shall be the permit holder's duty to notify the department of any such change at least 30 days before the date of the change. Wastewater discharge permits, which do not receive the written approval of the department prior to the change, shall be null and void regardless of reassignment, or transfer, or sale. If it has occurred, the department may revoke a permit. If a change takes place, the department may require the application for a new or modified permit. Any succeeding person shall comply with the terms and conditions of any existing permit which the department allows to be retained.

(i)

Permit notification requirements. All industrial users shall promptly notify the department in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which initial notification under 40 C.F.R. § 403.12(p) has been made, request a permit application form, and apply for a modification of the permit at least 30 calendar days prior to the change. Failure of the industrial user to so apply shall be considered a violation of this article.

(Ord. No. 1068, § 1, 8-24-09)

(a)

Significant industrial 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 department and the industrial user, and to enable the department to conduct such other monitoring and sampling as required for determining compliance with discharge requirements, limits and standards as provided for in this article. In the event the department determines that the monitoring facility identified in the permit application is inadequate, a new monitoring facility must be identified, or provided, which shall allow for collection of a representative sample of the wastewater discharged from the facility. Unless otherwise determined at the discretion of the department, said facility shall be provided within 90 days of receipt of notification by the department. The industrial user shall provide the department with:

(1)

A drawing showing all sewer connections and sampling manholes by the size, location, elevation, and points or places of discharges into the POTW;

(2)

A flow schematic showing:

a.

Which connections receive each national categorical process wastestream,

b.

Which connections receive stormwater, sanitary water or cooling water, and

c.

Which lines handle each combined wastestream.

This report shall be certified by a professional engineer. If a significant industrial user fails to install the monitoring facilities within the prescribed time limits, then the department may install such structure or device and the significant user shall reimburse the department for any costs incurred therein.

(b)

The sampling manhole should be situated on the industrial user's premises in a location readily accessible to the department. When such a location would be impractical or cause undue hardship to the industrial user, the department may allow the facility to be constructed in the public street or sidewalk area when there is room and the location will not be obstructed by landscaping or parked vehicles. It shall be the responsibility of the industrial user to obtain any necessary approvals which may be required from other government agencies for the location and construction of monitoring facilities. 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 upon public or private property, the sampling and monitoring facilities shall be provided in accordance with the department's requirements and all applicable local construction standards and specifications. (See section 29-113(g).)

(Ord. No. 1068, § 1, 8-24-09)

(a)

For purposes of administering and enforcing this article, any other applicable provisions of this Code or applicable state or federal laws and regulations, the department may inspect the establishment, facility or other premises of the industrial user. The department's employees or authorized representative shall have access to the industrial user's premises for purposes of inspection, sampling, compliance monitoring and/or metering activities.

(b)

Each such inspection or sampling activity shall be commenced and completed at reasonable times, and in a reasonable manner. Upon arrival at the industrial user's premises, the department shall inform the industrial user, or the industrial user's employees, that sampling and/or inspection is commencing, and that the facility's authorized representative has the right to observe the inspection and/or sampling. The department shall neither refrain from, nor be prevented or delayed from, carrying-out its inspection or sampling duties due to the unavailability of the authorized representative of the facility to observe or participate in the inspection or sampling activity.

(c)

While performing work on private property, employees or authorized representatives of the department shall observe all reasonable safety, security and other reasonable rules applicable to the premises as established by the industrial user. Duly authorized employees or representatives of the department shall bear proper credentials and identification, and at the industrial user's option may be accompanied by a duly authorized representative of the industrial user. Duly authorized department representatives shall not be restricted from viewing any of the facility site. department employees or representatives may take photographs of facilities subject to this article, which shall be maintained by the department as confidential in accordance with section 29-113.3 of this Code.

(d)

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 presentation of appropriate credentials, personnel from the department will be permitted to enter for the purposes of performing their specific responsibilities.

(e)

Significant industrial users shall sample and analyze their discharge in accordance with the provisions of their permit. The department may require such samples to be split with the department for the department's independent analysis.

(f)

Industrial users shall maintain records of all information from monitoring activities required by this article, or by 40 C.F.R. § 403.12(n). Industrial users shall maintain the records for no less than three 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 waste program, or when requested by the department, by the state, or by the EPA.

(g)

Upon the request of the department, industrial users shall furnish information and records relating to discharges into the POTW. Industrial users shall make such records readily accessible to the department at all reasonable times, and allow the department to copy such records.

(h)

In the event the department obtains samples, and analyses are made of such samples, a copy of the results of such analyses shall be promptly furnished upon written request by the industrial user's authorized representative. When requested by the industrial user, the department employee or representative shall leave with the user, 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 department shall be controlling unless proven invalid.

(i)

In addition to any other violation caused by the discharge described herein, in the event a single grab sample of the industrial user's discharge is obtained by the department, and then analyzed in accordance with 40 C.F.R. Part 136, and found to contain concentrations of pollutants which are two or more times greater than the numeric limitations as listed in section 29-111(b) of this Code, or as contained in the facility's wastewater discharge permit, the industrial user shall implement its slug control plan, and shall provide a written report to the department within 14 days, which describes the cause of greater concentration and provides a description of the means by which future discharge concentrations will be held to values of less than two times the limitation in the future.

(Ord. No. 1068, § 1, 8-24-09)

(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 demonstrate to the satisfaction of the department that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.

When submitted to the department, all information claimed to be confidential must be clearly marked "confidential". When requested by the person furnishing the report, the portions of a report determined by the department to disclose trade secrets or trade secret processes, and which are clearly labeled as confidential, shall not be made available for inspection by the public, but shall be made available upon request to governmental agencies for uses related to this article, to the National Pollutant Discharge Elimination System (NPDES) permit, and to the State Disposal System permit and/or the pretreatment programs, provided, however that information shall be treated as confidential by the governmental agency, until such time as the information has been determined to be non-confidential by the governmental agency. Confidential information on industrial users, which the department releases pursuant to a request of another governmental agency, should be handled by the other governmental agency pursuant to its own confidentiality procedures. The department cannot control how another governmental agency handles such confidential information, and assumes no responsibility for the disposition of the information released to the governmental agency. The department will use sufficient care to inform the other governmental agency of the existence of the industrial user's confidentiality claim.

The department shall determine whether the information requested to be treated as confidential, in fact, satisfies the requirements of confidential information as defined herein. The decision of the department shall be made in writing.

Wastewater constituents and characteristics will not be recognized as confidential information.

(b)

Except as otherwise determined by the department or provided for by applicable law, all information with respect to an industrial user on file with the city shall be made available upon request by such user or the user's authorized representative during normal business hours.

(Ord. No. 1068, § 1, 8-24-09)

The National Categorical Pretreatment Standards defined in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471, shall be and are incorporated by reference herein and made a part hereof. Unless otherwise provided, any reference in this article to a code, standard, rule, regulation, or law enacted, adopted, established, or promulgated by any private organization, or by any element or organization of government other than the City of Madison Heights shall be construed to apply to such code, standard, rule, regulation, or law in effect or as amended or promulgated, from the date of enactment of this article.

(Ord. No. 1068, § 1, 8-24-09)

(a)

Violations. It shall be a violation of this article for any user to:

(1)

Fail to completely and/or accurately report the wastewater constituents and/or characteristics of the industrial user's discharge;

(2)

Fail to report significant changes in the industrial user's operations or wastewater constituents and/or characteristics within the time frames provided in section 29-113(g)(1) of this Code;

(3)

Refuse reasonable access to the industrial user's premises, waste discharge, or sample location for the purpose of inspection or monitoring;

(4)

Restrict, lockout or prevent, directly or indirectly, access to any monitoring facilities constructed on public or private property. The locking or securing of the monitoring facility shall not constitute a violation pursuant to this subsection, provided, that upon request reasonable access to the facility is promptly provided to the department;

(5)

Restrict, interfere, tamper with, or render inaccurate any of the department's monitoring devices including, but not limited to, samplers;

(6)

Fail to comply with any condition or requirement of the industrial user's wastewater discharge permit;

(7)

Fail to comply with any limitation, prohibition, or requirement of this article including any rule, regulation, or order issued hereunder. Industrial users acting in full compliance with wastewater discharge permits issued prior to the effective date of this article shall be deemed to be in compliance with the requirements of this article, and such permits shall remain in effect and be enforceable under this article until a superseding permit is effective. Industrial users shall comply with applicable 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 noncompliance with National Categorical Pretreatment Standards where the requirements of subsection (1) of this subsection (b) are met.

(1)

An industrial user who wishes to establish the affirmative defense shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:

a.

An upset occurred and the industrial user can identify the cause(s) of the upset;

b.

At the time, the facility was being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

c.

The industrial user has submitted the following information to the department, orally or in writing, within 24 hours of becoming aware of the upset and where this information is provided orally, a written submission must be provided within five days:

(i)

A description of the discharge and cause of noncompliance;

(ii)

The period of noncompliance including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(iii)

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(2)

In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof;

(3)

The industrial user shall control production of all discharges to the extent necessary to maintain compliance with this article upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

(c)

Bypass. Bypasses are prohibited unless the bypass does not cause a violation of pretreatment standards or requirements, but only if it is for essential maintenance to ensure efficient operation of the treatment system. These bypasses are not subject to the provisions of subsections (1) and (2) of this section.

(1)

Notice of anticipated bypass. Industrial users anticipating a bypass shall submit notice to the department at least ten days in advance.

(2)

Notice of unanticipated bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time the industrial user becomes or should have become aware of the bypass. A written submission shall be provided within five days of the time the industrial user becomes or should have become aware of the bypass. The written submission shall contain a description of the bypass including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.

(3)

Prohibition of bypass and enforcement. Bypass is prohibited, and the department may take enforcement action against a user for a bypass, unless:

a.

The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

c.

The industrial user properly notified the department as described in subsection (c)(2) of this section.

(4)

Bypass approval. Where it meets all conditions in subsection (c)(3) of this section, the department may approve an anticipated bypass.

(d)

Where one or more of the measurements taken for any pollutant defined in section 29-111(b) of this Code during a six month period exceed by any magnitude the daily maximum non-detect limit for the same parameter, the industrial user may develop and implement pollution prevention initiatives, or a BMP, as part of its response. The department may, as part of an administrative order, also require development of a BMP as a part of the department's enforcement response. Upon approval of the department, these pollution prevention initiative, or BMPs shall be made an enforceable part of the wastewater discharge permit. Industrial users shall provide, at six month intervals, analytical results and certifications in support of its implementation of an approved pollution prevention initiative or BMPs. Upon demonstration of compliance, the industrial user may request to be relieved of this implementation requirement.

(e)

Emergency suspensions and orders. The department may order suspension of the sewer or wastewater treatment service and/or a wastewater discharge permit where, in the opinion of the department, such suspension is necessary to stop any actual or threatened discharge 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 the department provides informal notification under this section, written confirmation and an order shall be provided within 24 hours. In the event of a failure of the person to comply voluntarily with any suspension or revocation order, the department 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 notify the industrial user within 24 hours in writing of such action and order, and the specific recourse available. In any event, the department shall provide the industrial user with an opportunity for a hearing before the director, or his designated representative, within ten days of such action. The industrial user shall submit a detailed written statement to the department within 15 days of the occurrence describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Upon proof of elimination of the noncomplying discharge, the department shall reinstate the wastewater discharge permit and/or the sewer or wastewater treatment service.

(f)

Notice of violation. Except in the case of an actual or threatened discharge as specified in subsection (e) of this section, whenever the department has reason to believe that any industrial user has violated or is violating this article, the department shall serve a written notice stating the nature of the violation upon such industrial user. Where applicable, the department shall pursue appropriate escalating enforcement action as defined within its approved enforcement response plan. The failure of the department to issue a notice of violation shall not preclude the department from escalating its enforcement response.

(g)

Administrative actions. Whenever the department has reasonable grounds to believe that a user is violating, or has violated, a provision of its wastewater discharge permit, or a pretreatment standard or requirement or any prohibition of this article, the department, except in the case of emergency or flagrant violation, may initiate appropriate administrative enforcement action in order to compel the industrial user to eliminate or to remedy such violation as soon as possible.

(1)

a.

Conferences. The department may order any person, who violates this article, to attend a conference wherein the department may endeavor to cause the user to eliminate or remedy the violation by establishing an enforceable compliance schedule. The notice of violation shall be served at least ten days before the scheduled conference and shall set forth the date, time, and place thereof. The conference shall be conducted by a representative of the department. The industrial user shall present a plan and schedule for achieving compliance with this article. Nothing contained herein shall require the department to accept or agree to any proposed plan or schedule, or to prevent the department from proceeding with a show cause hearing as set forth in subsection (2) of this subsection (g). If the attendees agree upon a compliance schedule, the user and the department's duly authorized representative may enter, by consent, into a compliance agreement or an administrative order setting forth the terms of such agreement. An industrial user must exhibit good faith and expeditious efforts to comply with this article and any procedures, requirements, and agreements hereunder.

b.

Compliance schedules. The user and the department may agree upon a schedule which sets forth the terms and conditions, and time periods or schedules for completion of actions to remedy or to eliminate the causes of violation. These schedules may be developed as part of a compliance agreement, or an administrative consent order. Schedules developed under this subsection shall adhere to the following conditions:

i.

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of 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 including, but not limited to, hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, and completing construction;

ii.

No single increment referred to in subsection (i) of this section shall exceed nine months;

iii.

Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the department including, at a minimum, whether it complied with the increment of progress to be met on such date and, if not, the date which it expects to comply with this increment of progress, the reason(s) for delay, and the steps being taken by the industrial user to return to the established schedule; and

iv.

Any deviations from the compliance schedule may result in the industrial user being found in violation of this article.

c.

Administrative orders. The department may order any industrial user, who violates or continues to violate this article or a duly issued permit, to install and to properly operate devices, treatment facilities, or other related appurtenances. In addition, orders may contain such other requirements as might reasonably be necessary and appropriate to address the violation including the installation of pretreatment technology, additional self-monitoring and management practices, implementation of a waste minimization assessment to identify and implement feasible source reduction, and recycling practices to reduce the generation or release of pollutants at the facility. An order may be either an administrative consent order, which is the result of an agreement, or a unilateral administrative order.

(2)

Show cause hearing. The department may order any industrial user, who violates this article or allows such violation to occur, to show cause before the department why a proposed enforcement action should not be taken. A notice shall be served upon the industrial user specifying the time and place of a hearing before the department regarding the violation, the reason(s) why the action is to be taken, the proposed enforcement action, and directing the industrial user to show cause before the department why any proposed enforcement action should not be taken. The notice of the hearing shall be served personally, or by registered or certified mail with return receipt requested, at least ten days before the hearing. Service may be made upon any agent or officer of a corporation, or its authorized representative.

a.

Hearing proceeding. The hearing shall be conducted in accordance with the procedures adopted by the board. A hearings officer shall conduct the show cause hearing and take the evidence, and may:

i.

In the name of the board, issue notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;

ii.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the director for action thereon.

b.

Transcript. At any show cause hearing held pursuant to this article, testimony shall be recorded by a court reporter.

(3)

Actions. After a show cause hearing has been conducted, the hearings officer shall issue an order to the industrial user directing any of the following actions:

a.

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;

b.

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;

c.

Submission of compliance reports on effluent quality and quantity as determined by self-monitoring and analysis during a specified time period;

d.

Submission of periodic reports on effluent quality and quantity determined by self-monitoring analysis throughout the final period set by a compliance date;

e.

Control of discharge quantities;

f.

Payment of costs for reasonable and necessary inspection, monitoring, and administration of the industrial user's activities by the department during compliance efforts; and/or

g.

Any such other orders as 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.

h.

A finding the user has demonstrated by a preponderance of the evidence that a violation either of this article or of a duly issued permit did not occur.

(4)

Public notification of significant noncompliance. The department shall publish in the largest daily newspaper published in the City of Detroit and the City of Madison Heights a list of all industrial users which were in significant noncompliance with applicable pretreatment requirements at any time during the previous 12 months. All industrial users identified in a proposed publication shall be provided with a copy of the proposed notice at least 30 days before publication and allowed an opportunity to comment as to its accuracy.

(h)

Legal actions.

(1)

Criminal action. Any user, who violates any provision of this article including the failure to pay any fees, fines, charges or surcharges imposed hereby, or any condition or limitation of a permit issued pursuant thereto, or who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or wastewater discharge permit, or who tampers with or knowingly renders inaccurate any monitoring device required under this article, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500.00 for each violation per day, or by imprisonment for not more than 90 days, or by both. The department is hereby authorized, through its counsel, to seek prosecution of criminal charges against any person violating any provision of this article.

(2)

Civil action. Whenever the department has reasonable grounds to believe that a user is violating, or has violated, a provision of its wastewater discharge permit, a pretreatment standard or requirement or any requirement of this article, the director may commence a civil action to compel compliance in a court of competent jurisdiction to enjoin the user from discharging, and/or to obtain appropriate relief to remedy the violations. The department or board may also seek additional legal and/or equitable relief. The commencement of suit neither constitutes an exclusive election of remedies nor prohibits the department, director, board, or City of Detroit from commencing action in Federal Court for discharges believed to be in violation of this article, State and Federal requirements contained in the Clean Water Act, the City of Detroit's NPDES permit, or other applicable laws or requirements. In addition, the City of Detroit may recover the reasonable attorney 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 orders, rules, regulations and permits issued hereunder.

(3)

All fines, costs, and penalties which are imposed by any court of competent jurisdiction shall be payable to the City of Detroit Water and Sewerage Department.

(Ord. No. 1068, § 1, 8-24-09)

Through the procedures of reconsideration and appeal, a user may contest actions, determinations, or decisions of the department which result from its construction, application and enforcement of this article. The procedures contained within this section govern reconsideration and appeal with respect to construction, application, and enforcement of this article.

(a)

Selection of reconsideration or of appeal.

(1)

Except for those actions, determinations, or decisions which are expressly identified as subject only to appeal, reconsideration may be requested by any permit applicant, permittee, authorized industrial wastewater discharger or other discharger, who is adversely affected by any action, determination, or decision that is made by, or on behalf of, the department by the director, or an authorized representative, and that interprets, implements or enforces the provisions of this article.

(2)

An appeal may be requested by any permit applicant, permittee, authorized industrial wastewater discharger or other discharger, who is adversely affected:

i.

By a permit issued as final by the department, or

ii.

By an administrative order entered after a show cause order and hearing, or after a hearing for reconsideration.

(3)

Unless otherwise expressly provided for by this article, a request for reconsideration or appeal must be signed by an authorized representative, and received at the department's general offices within 20 days from the date of the occurrence of the action, determination, or decision in dispute. A request for reconsideration shall contain the requester's name and address, a brief statement of the reason(s), and the factual basis underlying the request.

(4)

A request for reconsideration shall be filed in triplicate either by hand delivery or by certified mail to the general offices of the department. Where a request for reconsideration or appeal either is not filed within the time period provided for in this subsection or is improperly made, the action, determination or decision of the director, or the department's authorized representative, is final and any right to reconsideration or appeal may be deemed waived.

(b)

Reconsideration. Within 15 days after receipt of a timely and proper request for reconsideration, the department shall notify the applicant of the time and place for a hearing.

(1)

A hearing for reconsideration shall be conducted by a hearings officer who is designated by the director and may be an employee of the department. The decision of the hearings officer shall be in the form of a recommendation to the director and embodied in an administrative order. Except for an administrative consent order that was negotiated and agreed to by both parties, an administrative order is appealable in accordance with subsection (c) of this section.

(2)

Where improperly or untimely submitted, the department may reject a request for reconsideration. The department shall notify the requester in writing that the request has been rejected.

(3)

Unless the date is mutually extended by both parties, the hearing shall be conducted neither less than ten days nor more than 30 days after mailing of the notice. For cause and at the discretion of the hearings officer, the hearing may be continued for a reasonable time.

(4)

The hearing for reconsideration shall be an informal consultation and conference where the requester in person, or by counsel, shall present their argument, evidence, data, and proof in connection with the issue(s) being reconsidered. The parties shall not be bound by the Michigan Rules of Evidence. The hearing shall be transcribed and the requester may obtain a copy of the hearing transcript, as appropriate, from the department or from the court reporter.

(5)

Within 30 days after the close of the hearing, the hearings officer shall issue a final decision which shall contain a recommendation to the director. The hearings officer shall send such decision to the requester by certified mail.

(6)

Unless such action is necessary to prevent pass-through, interference or other harm to the POTW, to the public or to the waters of this state, the filing of a request for reconsideration in accordance with this section shall stay the action by the department that is the subject of the hearing for reconsideration.

(c)

Appeal. Within 30 days after receipt of a timely and proper request for an appeal, the department shall notify the applicant in writing regarding the time and place for a hearing. The hearing shall be conducted in accordance with procedures set by the board until rules are promulgated pursuant to Section 2-111 of the 1997 Detroit City Charter. In addition:

(1)

Any request for an appeal must be made within 20 days of the department's action, determination or decision regarding the request for reconsideration or any permit issued in accordance with this article.

(2)

Where a request either is not filed within the time period contained in this subsection or is improperly made, the action, determination or decision of the director, or the department's authorized representative, is final and any right to appeal may be deemed waived. Where untimely or improperly submitted, the department may reject the request for an appeal, and shall notify the requester in writing that such request has been rejected.

(3)

The department shall appoint a hearings officer. The hearings officer shall review the evidence, and within 15 days after the close of the hearing shall issue a written recommendation to uphold, modify or reverse the action, determination, or decision of the department.

(4)

The written recommendation of the hearings officer shall be submitted to the board which shall render a final decision within 30 days of its next regularly scheduled meeting.

(5)

In accordance with applicable law, the user or the department may appeal any final decision of the board to a court of competent jurisdiction.

(6)

Unless such action is necessary to prevent pass through, interference, or other harm to the POTW, to the public or to the waters of this state, the filing of a request for appeal in accordance with this section shall stay the action by the department that is the subject of the appeal.

(Ord. No. 1068, § 1, 8-24-09)

Appendix A

(Ord. No. 1068, § 1, 8-24-09)

Appendix B

An Industrial User may elect, in lieu of the Total Phenols Limitation specified in Section 29.111(b)(2), to substitute specific limitations for each of the eight (8) individual phenolic compounds identified under the Total Phenols Limitation. The following specific limitations, expressed in mg/l, shall be applied in lieu of the Total Phenols Limitation, upon election;

Following election, the wastewater discharge permit shall be modified to incorporate these substituted parameters and an Industrial User shall be responsible for monitoring and reporting compliance with these parameters.

(Ord. No. 1068, § 1, 8-24-09)

Appendix C. Interim Discharge Limitations

No user shall discharge wastewater containing any of the following pollutants in excess of the following interim pollutant discharge limitations:

(1)

Compatible Pollutants:

a.

Any Fats, Oil or Grease (FOG) in concentrations greater than 1,500 mg/l based on an average of all samples collected within a 24-hour period.

b.

Any Total Suspended Solids (TSS) in concentrations greater than 7,500 mg/l.

c.

Any Biochemical Oxygen Demand (BOD) in concentrations greater than 7,500 mg/l.

d.

Any Phosphorus (P) in concentrations greater than 250 mg/l.

Unless otherwise stated, all limitations are based upon samples collected over an operating period representative of a user's discharge, and in accordance with 40 CFR Part 146.

(2)

Non-Compatible Pollutants:

•

Cadmium (Cd) 1.0 mg/l

(Ord. No. 1068, § 1, 8-24-09)

(1)

Single-family residential dwellings shall not have direct connections of eaves troughs and roof downspouts to the sewer system. It is recommended that the discharge of the downspouts take place within landscaped areas.

(2)

Multiple-family residential developments shall not have direct connections of eaves troughs and roof downspouts to the sewer system. It is required that the discharge of the downspouts take place within landscaped areas.

(3)

Commercial developments shall not have direct connections of roof drains to the sewer system. It is recommended that the discharge of the roof drains take place within landscaped areas. Direct connections to the storm system may be allowed with the approval of the city engineer providing the development takes place within a separated storm district and/or specific site conditions dictate a direct connection.

(4)

Industrial developments shall not have direct connections of roof drains to the sewer system. Direct connections to the storm system may be allowed with the approval of the city engineer providing the development takes place within a separated storm district and/or specific site conditions dictate a direct connection.

(Ord. No. 987, § 1, 9-27-99)

(1)

Stormwater retention on-site is required for all developments and redevelopments in the city.

(2)

The stormwater runoff from each site must be restricted to the agricultural (undeveloped land) runoff equal to 0.2 cubic feet per second (c.f.s.) per acre under a ten-year frequency storm.

(3)

The Oakland County Drain Commissioner's method entitled "A Simple Method for Retention Basin Design" dated December, 1973, or the Oakland County Drain Commissioner's adopted subsequent standard, may be utilized to determine the amount of retention required.

(4)

Method of retention:

(a)

Retention basin. All retention basins shall be unfenced with a side slope no steeper than the ratio of one vertical, on six horizontal, with a three-foot minimum flat shoulder between the top of slope and the property line. Their design shall be an integral part of the landscape and their maintenance shall be the responsibility of the property owner.

(b)

Parking lot retention. Storm runoff may be retained on parking lots to a height not to exceed eight inches above inlet rim elevations. An over flow must be provided at the maximum elevation of six inches below finished floors of the building(s). Restricted covers for inlets are not allowed. The orifice restrictor of proper size must be installed on the outlet pipe of the last downstream structure on site.

(c)

Underground retention. Storm runoff may be retained underground by: a) over sizing the base storm system, b) adding large diameter pipes, or c) installation of underground storage tank(s).

(5)

All on-site storm retention facilities must be periodically maintained in order to prevent the sediment from entering the sewer system.

(Ord. No. 987, § 1, 9-27-99)

(a)

Purposes: To provide for the health, safety, and general welfare of the citizens of the City of Madison Heights through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of pollutants into the municipal storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:

(1)

To regulate the contribution of pollutants to the municipal storm sewer system by stormwater discharges by any user.

(2)

To prohibit illicit connections and discharges to the municipal storm sewer system.

(3)

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article.

(b)

Definitions: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized enforcement agency means the City of Madison Heights Department of Public Services and its authorized representatives, which shall specifically include all inspectors and code enforcement, and any other individual designated by the City Manager or Mayor of the City of Madison Heights to enforce this article. Where applicable, the terms may also mean the director of the Michigan Department of Environment, Great Lakes, and Energy (EGLE) or his/her designated official, and/or the United States EPA Administrator or his/her designated official.

Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

City means the City of Madison Heights.

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

County means the County of Oakland.

Construction activity means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of five acres or more requiring an issued permit and small construction activities impacting one to five acres of land deemed to operate under a national permit. Such activities include, but are not limited to: clearing and grubbing, grading, excavating, and demolition.

Hazardous materials mean any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illegal discharge means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in subsection (g) of this section.

Illicit connections mean either of the following:

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited, to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or

(2)

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(l4).

MS4 means a municipal separate storm sewer system.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by the United States Environmental Protection Agency (EPA), or by the State of Michigan under authority delegated pursuant to 33 USC § 1342(b) and codified in the Michigan Natural Resources and Environmental Protection Act Protection at MCL 324.101, et seq., that authorizes the discharge of pollutants to waters of the United States or State of Michigan, whether the permit is applicable on an individual, group, or general area-wide basis.

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Person means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner's agent.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Sanitary sewer system means the publicly owned facilities consisting of, but not limited to, transporting pipes, pumping equipment, storage containment, treatment operations and other structures for purpose of wastewater remediation for the management of water-carried wastes from residences, business buildings, institutions, commercial and industrial establishments.

Storm sewer system or storm drainage system means a publicly owned facility by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

Stormwater pollution prevention plan means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(c)

Exclusion of stormwater from sanitary sewers:

(1)

Direct connection of any stormwater source to sanitary sewers is not allowed.

(2)

Subsurface water collected by edge drains, sump pumps or other means of conveyance must be discharged into a storm sewer or on surface with positive drainage to an approved point of collection.

(3)

Sanitary sewer systems shall be periodically checked for infiltration and repaired as needed.

(d)

Applicability: This section shall apply to all water entering the storm drain system generated on any developed or undeveloped lands unless expressly exempted by an authorized enforcement agency.

(e)

Enforcement, responsibility for administration: This section shall be enforceable by the City of Madison Heights Department of Public Services or other authorized enforcement agency, as appropriate.

(f)

Minimum standards: The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore, this section does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(g)

Discharge prohibitions:

(1)

Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the storm drain system or watercourses, any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited; however, the following discharges are exempt from prohibition as described:

a.

The discharges and flows from firefighting activities if they are identified as not being a significant source of pollutants to the waters of the state.

b.

Discharges specified in writing by the City of Madison Heights Department of Public Services as being necessary to protect public health and safety.

c.

Dye testing, when there has been verbal notification to the department of public services and state department of environmental quality procedures have been followed.

d.

Discharges permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

e.

The following discharges or flows if they are identified as not being a significant contributor to violations of water quality standards: water line flushing and discharges from potable water sources; landscape irrigation runoff, lawn watering runoff, and irrigation waters; diverted stream flows and flows from riparian habitats and wetlands; rising groundwaters and springs; uncontaminated pumped groundwater, except for groundwater cleanups specifically authorized by NPDES permits; foundation drains, water from crawl space pumps, footing drains and basement sump pumps; air conditioning condensation; waters from noncommercial car washing; street wash water; dechlorinated swimming pool water from single-, two- or three-family residences. Other swimming pools shall not be discharged to stormwater or to surface waters of the state without NPDES permit authorization from EGLE.

(2)

Prohibition of illicit connections.

a.

The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.

b.

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

c.

A person is considered to be in violation of this article if the person connects a line conveying sewage to a storm drain system or MS4 or allows such a connection to continue.

(3)

Prohibition of direct dumping or disposal of materials into the MS4. The direct dumping of materials or discharges into the MS4 is prohibited except for those illicit discharges identified as not being a significant contributor to violations of water quality standards.

(h)

Right of entry: The City of Madison Heights Department of Public Services or other authorized enforcement agency shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing of suspected non-stormwater discharges in accordance with the provisions of this article. Refusal of reasonable access to the city and/or representatives of the authorized enforcement agency to any part of the premises is a violation of this article.

(i)

Suspension of storm sewer system access:

(1)

Suspension due to illicit discharges in emergency situations: The department of public services or other authorized enforcement agency may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system or the waters of the United States or this state. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or waters of the United States or this state, or to minimize danger to persons.

(2)

Suspension due to the detection of illicit discharge: Any person discharging to the storm sewer system in violation of this article may have their storm sewer system access terminated if such termination would abate or reduce an illicit discharge. The department of public services will notify a violator of the proposed termination of its storm sewer system access. The violator may petition the city for reconsideration and hearing.

(3)

Violations: A person violates this article if the person reinstates storm sewer system access to premises terminated pursuant to this section, without the prior approval of the department of public services or other authorized enforcement agency.

(j)

Industrial or construction activity discharges: Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city engineer prior to the allowing of discharges to the MS4.

(k)

Monitoring of discharges: The City of Madison Heights Department of Public Services has the right to require non-residential dischargers to install monitoring equipment as necessary if a non-stormwater discharge is suspected. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(l)

Requirements to prevent, control, and reduce storm water pollutants by the use of best management practices: The City of Madison Heights Department of Public Services or his designee will adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

(m)

Watercourse protection: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(n)

Notification of spills: Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City of Madison Heights Department of Public Services within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(o)

Enforcement:

(1)

Notice of violation: Whenever the city engineer or his designee finds that a person has violated a prohibition or failed to meet a requirement of this section, the City of Madison Heights may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit connections or discharges;

c.

That violating discharges, practices, or operations shall cease and desist;

d.

The abatement or remediation of storm water pollution or contamination of hazards and the restoration of any affected property; and

e.

Payment of a fine to cover administrative and remediation costs; and

f.

The implementation of source control or treatment BMPs.

(2)

Abatement of a violation: If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be performed by the City of Madison Heights or its designee at the violator's expense.

(p)

Appeal of notice of violation: Any person receiving a notice of violation may appeal the determination of the City of Madison Heights. The notice of appeal must be received by the city clerk within 30 days from the date of the notice of violation. Hearing on the appeal by the city council's appointed hearing officer shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the hearing officer shall be final.

(q)

Enforcement of measures after appeal: If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 30 days of the decision of the City of Madison Heights upholding its decision, then representatives of the city or its designees shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its designee to enter upon the premises for the purposes set forth above.

(r)

Cost of the abatement of the violation: Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid within a timely manner as determined by the decision of the City of Madison Heights or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of five percent per annum shall be assessed on the balance beginning on the first day following discovery of the violation.

(s)

Injunctive relief: It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. If a person has violated or continues to violate the provisions of this section, the City of Madison Heights may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(t)

Appeal of notice of violation: In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the City of Madison Heights may impose upon a violator's alternative compensatory actions; including, but not limited to: storm drain stenciling, attendance at compliance workshops, and creek cleanup.

(u)

Violations deemed a public nuisance: In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense. The City of Madison Heights may also simultaneously or alternatively initiate a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

(v)

Criminal prosecution:

(1)

Any person who violates this section shall be guilty of a misdemeanor and subject to the penalties set forth in section 1-7 of the City of Madison Heights Code.

(2)

The City of Madison Heights may recover all attorney's fees; court costs; and other expenses associated with enforcement of this section, including sampling and monitoring expenses.

(w)

Remedies not exclusive: The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

(Ord. No. 987, § 1, 9-27-99; Ord. No. 2192, § 1, 2-13-23)

(a)

Purposes: The City of Madison Heights is required to implement a post construction stormwater management program that meets the Municipal Separate Storm Sewer System (MS4) permit requirements as provided by the Michigan Department of Environment, Great Lakes and Energy (EGLE). EGLE requires that the City of Madison Heights adopts an ordinance or other suitable regulatory mechanisms, or develop design standards to control stormwater following construction activities, and ensure long term maintenance of stormwater controls.

The purpose of this section is to provide for the health, safety, and general welfare of the citizens of Madison Heights through the regulation of stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section establishes methods for controlling the introduction of pollutants into the municipal storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:

(1)

To regulate the quality and quantity of stormwater discharge from a private property into a municipal storm sewer, enclosed or open conveyance systems.

(2)

To establish legal authority to implement permitting and delegation of monitoring and maintenance responsibilities necessary to ensure compliance with this article.

(3)

To adopt the Stormwater Engineering Design Standards set forth by the Oakland County Water Resources Commissioner's Office and that application of said standards shall be subject to the review and approval of city engineers who make or allow exceptions to said standards as they determine appropriate in any specific case.

(b)

Definitions: The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates another meaning:

(1)

Authorized enforcement agency means the city engineer and his/her authorized representatives, which shall specifically include all inspectors and code enforcement, and any other individual designated by the city manager to enforce this section. Where applicable the term may also mean the Director of the Michigan Department of Environment, Great Lakes and Energy (EGLE) and/or his/her designated official, and/or the United States EPA Administrator or his/her designated official

(2)

Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

(3)

City means the City of Madison Heights, Michigan.

(4)

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), and any subsequent amendments thereto.

(5)

County means the County of Oakland.

(6)

Construction activity means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of five acres or more requiring an issued permit and small construction activities impacting one to five acres of land deemed to operate under a national permit. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

(7)

MS4 means a municipal separate storm sewer system

(8)

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by United States Environmental Protection Agency (EPA), or by the State of Michigan under authority delegated pursuant to 33 USC section 1342(b) and codified in the Michigan Natural Resources and Environmental Protection Act Protection at MCL 324.101 et seq., that authorizes the discharge of wastewater to waters of the United States or State of Michigan, whether the permit is applicable on an individual, group, or general area-wide basis.

(9)

Person means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner's agent.

(10)

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

(11)

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(12)

Storm sewer system or storm drainage system means a publicly owned facility by which stormwater is collected and/or conveyed, including, but not limited to, road drainage systems, inlets, catch basins, or other drainage structures, piped/enclosed storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, excluding surface waters.

(13)

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

(14)

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(c)

Applicability: This section shall apply to all development and redevelopment sites discharging to the city's MS4 as outlines in Oakland County's new stormwater engineering design standards, here forth referred to as the Oakland County Stormwater Standards.

(d)

Enforcement, responsibility for administration: This section shall be enforceable by the city engineer, building official, or other authorized enforcement agency.

(e)

Minimum standards: The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore, this section does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(f)

Right of entry: The city engineer, building official, or other authorized enforcement agency shall be permitted to enter upon all properties for the purposes of inspection of stormwater BMPs in accordance with the provisions of this article. Refusal of reasonable access to the city engineer, building official, and/or representatives of the authorized enforcement agency to any part of the premises is a violation of this article.

(g)

Requirements to manage stormwater by following Oakland County Stormwater Standards: The city adopts the requirements set out in the Oakland County Stormwater Standards. The Standards lay out a consistent county wide best managements practices (BMPs) to regulate stormwater quantity and quality discharge as approved by EGLE. The owner of a new development or redevelopment meeting the thresholds set out in the Oakland County Stormwater Standards shall, at their own expense, apply for and obtain a permit ahead of starting construction, engineered stormwater controls contained within the applicant's property meeting the design criteria of the Oakland County Stormwater standards. The property owner, upon completion of construction, must enter into a binding long-term maintenance agreement with the city, at their own expense, to document, routinely monitor and maintain the stormwater quantity and quality BMPs so they continue to operate as designed. The agreement shall be set up that if the property owner should be determined to be nonresponsive to a notice of required maintenance actions, that the city may enter the property to perform the maintenance required.

(h)

Enforcement:

(1)

Notice of violation: Whenever the city engineer, director of public services or its designee, building inspector, or code enforcement finds that a person has violated a prohibition or failed to meet a requirement of this section, the city may order compliance by written notice of violation. Such notice may require without limitation: The performance condition monitoring and measuring; The performance maintenance work in order to get BMPs functioning as designed; Payment of fines and cost to cover reimbursement of direct and administrative costs; In some cases, a bond to be posted.

(2)

Abatement of violation: If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator failed to remediate or restore within the established deadline, the work will be done by the city or its designee at the violator's expense.

(i)

Appeal of notice of violation: Any person receiving a notice of violation may appeal the determination of the city. The notice of appeal must be received within 21 days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or designee shall take place within 14 days from the date of the receipt of the notice of appeal. The decision of the city or designee shall be final.

(j)

Enforcement measures after appeal: If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal, within 14 days of the decision of the city upholding its decision, then representatives of the city or designees may enter upon the subject private property and are authorized to take any and measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or its designees to enter upon the premises for the purposes set forth above.

(k)

Cost of abatement of violation: The cost of actual abatement and administration costs shall be the responsibility of the owner of the property. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abetment, including administrative costs, in writing. The property owner may file a written objection to the amount assessed with ten days of the date of the notice of costs. It the amount due is not paid in a timely manner, as determined by the city, or by the expiration of the time in which to file a timely appeal, the costs will become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of five per annum shall be assessed on the balance beginning on the first day following discovery of the violation.

(l)

Injunctive relief: It shall be unlawful for any person to violate any provision or fail to comply with any of the requirement of this section. If a person has violated or continues to violate the provisions of this section, the city may petition for a permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation in violation.

(m)

Other proceedings: In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the city may impose upon a violator alternative compensatory action, including but not limited to storm drain stenciling, attendance at compliance workshops, and other cleanup.

(n)

Violations deemed a public nuisance: In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provision of this sections is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense. The city may also simultaneously or alternatively initiate a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

(o)

Criminal prosecution: Any person who has violated this section shall be guilty of a misdemeanor and subject to 90 days in jail and/or a $500.00 fine, plus attorney's fees, court costs, abatement costs, costs associated with enforcement of this section including monitoring and maintenance expenses, and any other costs determined by the court. A separate violation occurs for each day that the violation exists without complete abatement.

(p)

Remedies not exclusive: The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the city and/or authorized enforcement agency to seek cumulative remedies.

(Ord. No. 2189, § 1, 10-24-22)

All ordinances or parts of ordinances of the City of Madison Heights in conflict with this article are superseded by this article only to the extent necessary to give this article full force and effect.

(Ord. No. 987, § 1, 9-27-99; Ord. No. 2189, § 2, 10-24-22)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

Department: The department of water supply in the city.

Water connection: That part of the water distribution system connecting the water distribution system with premises to be served, including the tap, stopcock or curb box and the connections thereto.

Water main: That part of the water distribution system of the city located within the public streets, alleys or easements, which is designed to supply water to more than one connection.

(Code 1958, § 7-300; Ord. No. 215, § 1, 12-10-62)

Officers of the police department are authorized and empowered to issue violation notices to any person violating any of the provisions of this article, or any rules or regulations duly adopted in accordance with the provisions thereof. The superintendent of the department is hereby given power and authority to issue violation warning notices and to sign complaints for violation of any of the provisions of this article or the rules and regulations adopted in accordance with the provisions therewith.

(Code 1958, § 7-321; Ord. No. 215, § 3, 12-10-62)

No person shall draw off any water from any public reservoir, except in case of fire or for the use of the fire department, without authority from the department of public works or the fire department.

(Code 1958, § 7-128; Ord. No. 82, § 2, 2-5-58)

All funds of the department shall be kept separate from the other funds of the city and in accordance with the specific provisions of Ordinances 27, 51, 52, 77, 79, 80 and 111 of the Township of Royal Oak, as such ordinances apply to the water supply and sewage disposal system of the city.

(Code 1958, § 7-317; Ord. No. 215, § 2, 12-10-62)

(a)

Purpose and intent. It is hereby determined that due to prolonged droughts or other system-wide heavy demand periods, supply facilities, including system pump stations and reservoirs, experience operation at their maximum capacity. When such situations occur, there is no apparent means immediately available to adequately maintain flow and residual pressure throughout the water system.

Further, emergency conditions sometimes arise which will negatively affect operating flows and residual pressures in any substantial portion of the water system for an appreciable length of time.

When the above conditions exist, it is necessary to require residents within the city to prohibit or restrict their water use for a limited period of time. Although the City of Detroit Water and Sewerage Department oversees the distribution of water to local communities, the City of Madison Heights has the ultimate responsibility to initiate whatever measures are needed locally in water emergency situations. This section provides for minimum restrictions necessary to achieve the purpose and intent of this section.

(b)

Declaration of water emergency; restriction requirements:

(1)

Every person, firm or corporation whose premises are supplied with water by the City of Madison Heights shall be subject to the provisions of this section and to all rules and regulations of the city manager pertaining to the use of city water.

(2)

Upon declaration of a water use reduction emergency by the city manager or his designee, the city will implement whatever prohibitions or restrictions are necessary to meet the water reduction requirements. The city will notify the public of the water emergency and mandatory restrictions pertaining to water use by cable television, local newspapers or any other means available for notification to the public.

(3)

If in fact the city manager or his designee implements a prohibition or restriction of water use, that prohibition or restriction shall remain in effect 24 hours per day, seven days per week until the city has declared an end to the water use reduction emergency or the city manager or his designee determines that a limited prohibition or restriction will be sufficient to protect the health, safety and general welfare of the community.

(4)

It shall be lawful for the city manager or his designee to enter upon the premises of any person using city water to install meters for measuring water use and to inspect the meters and other fixtures and appurtenances pertaining to the water works system. The city manager or his designee may order the department of public services to shut off water to any premises in violation of this section. Once shut off, a reconnect fee set by resolution of council shall be paid prior to the restoration of water services.

(c)

Enforcement. Police officers and/or code enforcement officers of the city are hereby authorized to issue ordinance violation notices to any person violating any provision of this section or any rule or regulation duly adopted in pursuance of this section.

(Ord. No. 915, § 1, 7-10-95)

No person other than an employee of the department or a person duly authorized by the department shall tap any water main, or insert therein or alter or disturb any corporation cock, stopcock or any other fixture or appliance, hydrant, gate valve, water meter or any other attachment thereto between the water main and water meter. No person shall install any water connection or connect or disconnect any service pipe with or from the water main, or water connection, nor make any repairs, additions or alterations to any service pipe, stopcock or any other fixture or appliance or attachment thereto without first obtaining a permit therefor from the department.

(Code 1958, § 7-301; Ord. No. 215, § 2, 12-10-62)

Before any water connection shall be made to any water main or any work performed thereon, the person desiring same shall make written application to the department on forms to be furnished by the department, giving thereon all information requested in full. Such application shall describe, in sufficient detail, the work desired to be done, and shall, when new construction is involved, show the use for which the new construction will be made, including the expected volume of water to be used.

(Code 1958, § 7-302; Ord. No. 215, § 2, 12-10-62)

(a)

Before any permit shall be issued for connection to the water supply, a permit fee shall be paid with the application for permit. All amount of permit fees shall be set by resolution of city council.

(b)

In addition, the application shall pay to the department such tapping or other fees, including meter deposit as shall be prescribed by the regulations governing the water supply system as promulgated by the department. Such fees shall include the reasonable costs, the materials and the installation of the tap, the corporation cock, the stopcock and shutoff box and the pipe connections thereto. All of said parts shall be and remain the property of the department.

(Code 1958, § 7-303; Ord. No. 215, § 2, 12-20-62; Ord. No. 939, § 1, 7-8-96)

No person shall open or cause to be opened any fire hydrant without first filing a permit application, procuring a permit and paying the permit fee with the department. Permit fees shall be set by resolution of city council.

(Code 1958, § 4-318; Ord. No. 939, § 2, 7-8-96)

If the applicant for a permit required by section 29-27 intends to use the hydrant and take water therefrom for not more than two days, he shall pay the department a deposit in an amount to be set by resolution of council; in the event he intends to use the hydrant for a longer period, he shall pay the department the cost of attaching a meter to the hydrant and a meter fee, an inspection fee and a per day hydrant usage fee each of which is to be set by resolution of council. No permit shall be issued without payment as set forth in this section. After the use of the hydrant is discontinued, the permittee shall be charged for the water consumed at the prevailing rates as shown by the meter. The applicant shall receive a refund if the charge for the water consumed is less than the deposit minus any other fees or charges as set out in this section. All fees for permits and charges for water shall be paid into the water fund.

(Code 1958, § 4-319; Ord. No. 939, § 3, 7-8-96)

Upon the issuance of any permit required by section 29-27, it shall be the duty of the department to furnish the chief of the fire department a copy thereof. The chief shall, when the use of such hydrant has been discontinued, cause said hydrant to be inspected and if any damage has been done to such hydrant, the chief shall make a report thereof to the department whose duty it shall be to recover the amount of such damage from the permittee.

(Code 1958, § 4-320)

All installations of connections from the water main to the water meter shall be made under the supervision of the department and in accordance with the regulations established therefor by the department.

(Code 1958, § 7-306; Ord. No. 215, § 2, 12-10-62)

No water connection shall supply more than one single building, unless there shall be provided ahead of the junction of the first water connections adequate provisions to meter the water being used, and unless adequate guarantees are given to the department concerning payment for water used.

(Code 1958, § 7-304; Ord. No. 215, § 2, 12-10-62)

In all cases where water service is intended to supply more than one tenement, shop, store or building, it shall be the duty of the person making such service connection, or causing the same to be made, to install a branch with a stopcock for each branch outside the line of the premises so to be supplied. Such stopcock shall be suitably protected and marked as to be easily located. In no case shall one service supply more than one lot unless occupied by a single building covering more than one lot used for a single industry or enterprise.

(Code 1958, § 7-309)

Proprietors of manufacturing institutions, lumberyards, hotels, stores, elevators, warehouses, halls and other public buildings wishing to lay large pipes with a hydrant and hose coupling to be used only in case of fire will be permitted to connect with the street main at their own expense, upon application to the city manager and under his direction, and free of charge, but all such pipes must be provided with a suitable valve which must be sealed by the city when building. When the seal is broken for the extinguishment of fire, such owner or proprietor shall immediately give notice to the city manager and in case that said seal shall have been broken for any other purpose, the owner or proprietor of such property shall be liable to the penalties prescribed for the breach of any of the provisions of this article. No standpipe will be allowed on any premises where the water is not taken for other than fire purposes.

(Code 1958, § 7-311; Ord. No. 215, § 2, 12-10-62)

Cross reference— Fire prevention and protection, Ch. 12.

No person, other than a department employee or person authorized by the department, shall turn the water on from any water main into any water connection.

(Code 1958, § 7-305; Ord. No. 215, § 2, 12-10-62)

No person shall furnish or supply water to any other person or premises, except upon the express written permission of the department, nor shall any person permit any unnecessary waste of water.

(Code 1958, § 7-304; Ord. No. 215, § 2, 12-10-62)

The city manager may regulate, limit or prohibit the use of water for any purpose whenever in his discretion the public safety, health and general welfare of the people is likely to be endangered. He shall have authority to prescribe rules and regulations to conserve the water supply during any emergency. Such regulations shall restrict less essential water users to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for fire protection. Such regulations shall be effective 24 hours after notice thereof shall be given by publication in a newspaper of general circulation in the city. Any person violating any such rule, regulation or limitation shall be in violation of this article.

(Code 1958, § 7-318; Ord. No. 215, § 2, 12-10-62)

(a)

Purpose and intent. By restricting the days and times during which lawn irrigation can occur, this section is intended to improve overall water demand management in the city; provide for a decrease in maximum water usage at peak hours in order to achieve a favorable water consumption charge from the Detroit Water and Sewerage Department; and result in a decrease in peak water usage in order to achieve better water pressure throughout the entire system during peak flows, thereby protecting the public health, safety, and welfare.

(b)

Definitions. The following definitions shall apply in the interpretation and enforcement of this article:

(1)

"Automatic lawn and landscape irrigation" refers to use of either an underground or above-ground sprinkling system that is activated by timer or controller that is centralized, programmable, or weather-based.

(2)

"City" means the City of Madison Heights.

(3)

"Deputy city manager" is the deputy city manager for public services, or, in his/her absence, the duly designated and acting representative.

(4)

"Irrigation" means the application of water to land areas to satisfy the water and nutrient needs of plants, lawns, and landscaping.

(5)

"Manual lawn and landscape irrigation" refers to use of either an underground or above-ground sprinkling system that is controlled by a human being who attends and monitors the system during the irrigation period and who physically turns on and turns off the system at the beginning and end of the irrigation period.

(6)

"Municipal water system" is the public water distribution system which is owned, operated and maintained by the City of Madison Heights, and which is connected to the regional water distribution system owned, operated, and maintained by the Detroit Water and Sewerage Department.

(7)

"Person" means any individual, co-partnership, corporation, association, governmental agency or authority, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit, and any other legal person.

(c)

[Restrictions.] A property which may or may not be connected to the municipal water system is hereby restricted to irrigation during the following days and times between May 15 and October 15:

(1)

Automatic lawn and landscape irrigation is permitted only between the hours of 12:00 a.m. midnight and 5:00 a.m., Eastern Daylight Time.

(2)

Manual lawn and landscape irrigation is permitted only between the hours of 9:00 a.m. and 6:00 a.m., Eastern Daylight Time.

(3)

A property with an even-numbered address may be irrigated only on even-numbered dates within a month.

(4)

A property with an odd-numbered address may be irrigated only on odd-numbered dates within a month.

(5)

If a property has mixed odd and even-numbered addresses, the lowest numbered property address shall determine whether irrigation is permitted on odd or even-numbered dates within a month.

(6)

If the property has an undetermined address, the deputy city manager or designee shall assign an odd/even designation for the purpose of compliance with this section.

(7)

A property with a newly seeded or sodded lawn or newly planted trees, shrubs or bushes may, for the first 21 days after planting, be irrigated as often as required, except that irrigation is permitted only between the hours of 9:00 a.m. and 6:00 a.m., Eastern Daylight Time. Proof of purchase, including the date of sale or installation of the new lawn, trees, shrubs, or bushes, must be provided in order to qualify for the exception.

(d)

Enforcement responsibility. This section may be enforced by code enforcement officers, the building official, department of public services personnel, and members of the police department, who are "authorized local officials" within the meaning of and pursuant to MCL 600.8701 for purposes of this section.

(e)

Violations. Any person, firm or corporation violating any of the provisions of this section shall be deemed responsible for a civil infraction for which a civil fine in the amount not to exceed $50.00 may be ordered. A separate offense shall be deemed committed on each day during or on which a violation occurs.

(Ord. No. 1066, § 1, 6-8-09)

Editor's note— Ord. No. 1066, § 1, adopted June 8, 2009, repealed the former § 29-43, and enacted a new § 29-43 as set out herein. The former § 29-43 pertained to sprinkling regulations and derived from Code 1958, § 7-310.

Water meters shall be installed by the department upon all premises supplied with water and shall remain the property of the department. No water meter shall be installed until the owner or occupant of the premises has made the deposit therefor required by the department regulations. Any damage sustained by said meter resulting from the neglect or carelessness of the owner or occupant or his agents or tenants shall be paid by the owner or occupant to the department. It shall be unlawful for any person to interfere with or remove any meter from any service where it has been attached unless permission to so do has been obtained from the department. It shall be unlawful to connect any premises to the city water main without metering the water consumed. It shall be unlawful for anyone to interfere with the reading of the meters by duly authorized personnel of the department.

(Code 1958, § 7-313; Ord. No. 215, § 2, 12-10-62)

Any employee of the department shall have power and authority at all reasonable hours to enter upon any premises where water is furnished from the city water supply system, for the purpose of reading meters or the inspection of all pipes and fixtures connected with said system, and they shall have authority to require any defective pipes or fixtures to be repaired, removed or replaced where the same are not in compliance with the provisions of the regulations pertaining to the system, and any person refusing or neglecting to make such repairs when so ordered shall be deemed guilty of a violation of this article and liable to prosecution therefor.

(Code 1958, § 7-312)

Any structure built or moved within the city, after the effective date of the ordinance from which this section was derived, requiring the installation of water meters shall be so constructed so that the remote reading device connected to the water meter shall be located in an area outside of the building which shall be easily accessible to the personnel of the department.

(Code 1958, § 7-319; Ord. No. 215, § 2, 12-10-62; Ord. No. 357, § 1, 9-16-68)

(a)

The department is hereby authorized to alter all water meters located inside of any building within the city, on the effective date of the ordinance from which this section was derived, so that a remote reading device connected to said water meter is outside of such building in a location convenient and accessible to the personnel of the department. The cost of such alteration shall be initially paid for out of funds of the department.

(b)

The owners of buildings, wherein inside water meters are located, and which are to be altered for outside reading devices, in accordance with this section, are to repay to the department the sum of $10.00 to help defray the cost of altering said water meter. Said $10.00 shall be repaid by adding $2.50 to the quarter annual water bills of said owners and shall be considered a proper water charge.

(Code 1958, § 7-320; Ord. No. 215, § 3, 12-10-62; Ord. No. 357, § 1, 9-16-68)

The rates to be charged consumers of water shall be such as are now in force, or which shall be established from time to time by council resolution. The rates charged for water supply shall be uniform as to the various classes of users and discrimination as to rates is hereby prohibited. All charges shall become due at such time as shall be established by resolution of the council, and if such charges are not paid within 20 days after the same shall become due, then a penalty of ten percent shall be added thereto. The department shall not disconnect and discontinue the water supply to said premises for non-payment, except in the following circumstances:

(1)

When consumers are substantially delinquent in their payments, meaning two or more billing periods in arrears, and are not participating in an approved assistance plan; and/or

(2)

When the premises has been abandoned or is vacant; and/or

(3)

When the premises is subject to foreclosure, demolition and/or fire department action; and/or

(4)

When the premises is subject to suspected criminal activity and/or police department action; and/or

(5)

When the premises is subject to leaks, broken pipes, run-offs, flooding, or other equivalent circumstances; and/or

(6)

When emergency situations occur, including but not limited to water use restrictions (as described in section 29-18), wasting of water (as described in section 29-41), irrigation restrictions (as described in section 29-43), tampering with the water system (as described in section 29-44), unapproved or improper cross connections with the public water supply (as described in section 29-53), protection from water supply contamination (as described in section 29-53(e)) and all other violations of chapter 29 of the Code of Ordinances; and/or

(7)

When all reasonable means of collection have failed; and/or

(8)

When the health, safety and welfare of the residents require such action being taken, as determined by the city manager (as described in section 29-42), or his or her designee, and subject to notification of city council.

(Code 1958, § 7-315; Ord. No. 215, § 2, 12-10-62; Ord. No. 2113, § 1, 4-25-16, eff. 5-5-16)

No free service shall be furnished to any person except as stated in section 29-39.

(Code 1958, § 7-316; Ord. No. 215, § 2, 12-10-62)

The city shall have, as security for the collection of any water rates or any assessments, charges, cost of repairs or rentals due or to become due for the use or consumption of water supplied under this article to any house or other building or any premises, lot or parcel of land, a lien upon such house or other building and upon the premises, lot or parcel upon which such house or other building shall be situated or to which such water was supplied. Such lien shall become effective immediately upon the distribution of the water to the premises or property supplied; and such lien may be enforced by the city in the manner prescribed by the general laws of this state providing for the enforcement of tax liens, provided that the provisions of this section shall not be construed as preventing the city from suing such owner by action in the name of the city for the amount so due to it, or from preventing the city from disconnecting and discontinuing such water services from the premises at any time such water charges have not been paid.

(Code 1958, § 7-314; Ord. No. 215, § 2, 12-10-62)

The requirement of a lien on property under this article or state statute for water or sewer service shall not apply to property owners who are lessors who comply with all of the following provisions:

(a)

The property owner/lessor must file a properly executed affidavit signed by a notary with the city treasurer's office verifying that a lease has been legally executed containing a provision that lessor shall not be liable for payment of water bills or sewer service bills accruing subsequent to the filing of said affidavit with the city. The affidavit shall also contain a notation of the expiration date of the lease; and

(b)

A copy of the lease showing the name of the tenants responsible for the water bills and sewer bills shall also be filed with the city treasurer; and

(c)

Within 20 days after cancellation, change in, or termination of the lease, the property owner/lessor shall give written notice to the city treasurer of the cancellation, change in, or termination of the lease; and

(d)

A deposit for each such lease shall be paid to the city prior to having the water bill or sewer service bill placed in the name of the tenant and/or commencing water service. City council shall adopt a resolution setting the amount of that deposit. Such deposit shall earn no interest and will be utilized to pay any delinquent bills for the premises or refunded to the depositor only upon payment of a "final" water bill or sewer service bill.

(e)

If property owner/lessor fails to comply with one or more sections hereunder, the city, in addition to applying any deposit toward the delinquent water or sewer service bill, may bill the property owner for water or sewer service not covered by the deposit. If the property owner does not pay the water and sewer service bill not covered by the deposit, the city may assess a lien against the subject property and the property owner shall be responsible for payment of that lien.

(Ord. No. 967, § 1(29-50(a)), 2-9-98)

Editor's note— Ord. No. 967, § 1, adopted Feb. 9, 1998, amended the Code by adding provisions designated as § 29-50(a). In order to conform to established Code format, the editor has redesignated these provisions as § 29-50.1.

Any premises may be disconnected from the water main and the supply of water withheld from such premises whenever the ordinances, rules and regulations pertaining to the water distribution system have in any manner been violated by the owner or occupant of the premises. Disconnections and withholding of the supply of water to said premises may likewise be made upon the failure of the owner or occupant to pay the metered cost of water consumed and any other charges or costs in connection with the use of water. Whenever the water is turned off from any premises for any of the foregoing reasons, it shall not be turned on again until the owner or occupant has deposited with the department the sum of $5.00 to cover the cost of labor and clerical services involved.

(Code 1958, § 7-307; Ord. No. 215, § 2, 12-10-62)

Neither the city nor the department shall be liable to anyone for any failure or deficiency in the supply of water to any premises for any reason. Whenever it shall be necessary to shut off water in order to make necessary repairs or connections, the department shall give such reasonable notice to owners or occupants to be affected by such shutoff as may be possible.

(Code 1958, § 7-308; Ord. No. 215, § 2, 12-10-62)

(a)

State rules adopted. The City of Madison adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Public Health being R325.431 to R325.440 of the Michigan Administrative Code.

(b)

Inspections. It shall be the duty of the Madison Heights Water Department to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Madison Heights Water Department and as approved by the Michigan Department of Public Health.

(c)

Right of entry. The representative of the Madison Heights Water Department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the City of Madison Heights for the purpose of inspecting the piping system or systems thereof for cross connections. On request the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.

(d)

Discontinuance of service. The Madison Heights Water Department is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this section.

(e)

Protection from contamination. The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this section and by the state and city plumbing code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:

WATER UNSAFE
FOR DRINKING

(f)

Section not to supersede state code or city ordinance. This section does not supersede the state plumbing code and city plumbing ordinance, but is supplementary to them.

(g)

Penalty for violation. Any person or customer found guilty of violating any of the provisions of this section, or any written order of the Madison Heights Water Department, in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00 for each violation or by imprisonment not to exceed 90 days, or both such fine and imprisonment. Each day upon which a violation of the provisions of this act shall occur shall be deemed a separate and additional violation for the purpose of this section.

(Ord. No. 682, §§ 1—7, 1-25-82)

Editor's note— Section 29-53 is derived from Ord. No. 682, §§ 1—7, adopted Jan. 25, 1982. Said ordinance did not expressly amend this Code, and hence it has been so codified at the editor's discretion.

(a)

Purpose and intent. The city council finds that protection of groundwater resources is in the best interest of the public health and safety, and that such protection is best achieved if the use of groundwater wells and the water supplied from such wells for human consumption, irrigation, or other purposes is prohibited within the city.

(b)

Definitions. The following definitions shall apply in the interpretation and enforcement of this article:

(1)

"Abandoned well" means a well that has been plugged in accordance with the Michigan Water Well Construction and Pump Installation Code.

(2)

"City" means the City of Madison Heights.

(3)

"Contaminated groundwater" means groundwater in which there is present concentrations of materials that exceed the residential drinking water criteria established by the MDEQ in operational memoranda or rules promulgated pursuant to Part 201, Environmental Remediation (MCL 324.20101 et seq. and as amended from time to time), or Part 213, Leaking Underground Storage Tanks (MCL 324.21301A et seq. and as amended from time to time), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.101 et seq., dependent upon whether the release is regulated pursuant to Part 201 or Part 213.

(4)

"Deputy city manager" is the deputy city manager for public services, or, in his absence, his duly designated and acting representative

(5)

"Exacerbation" means any activity with respect to existing contamination that causes the contamination to migrate beyond the property boundaries or any change in facility conditions that increases response activity costs for cleaning up the contamination.

(6)

"Groundwater" means underground water within the zone of saturation without regard to whether that underground water is within an aquifer.

(7)

"Hazardous substance" shall have the same meaning as that term has in MCL 324.20201(1)(t).

(8)

"Human consumption" means use in any food or drink intended for human ingestion, use in food preparation or food service, use in the interior of a dwelling unit for household purposes, and use in any building for personal washing, ingestion, or bodily cleaning.

(9)

"Irrigation" means the application of water or wastewater to land areas to satisfy the water and nutrient needs of plants.

(10)

"MDEQ" means the Michigan Department of Environmental Quality, including any successor agency.

(11)

"New well" means any well installed after the effective date of this chapter and any well requiring major maintenance, which includes but is not limited to redrilling or replacement of casing.

(12)

"OCHD" means the Oakland County Health Department.

(13)

"Person" means any individual, co-partnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit, and any other legal person.

(14)

"Release" means a "release" as defined in Part 201, Environmental Remediation (MCL 324.10101 et seq. as amended from time to time), or Part 213, Leaking Underground Storage Tanks (MCL 324.21301A et seq. as amended from time to time), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.101 et seq., dependent upon whether an underground storage tank is involved.

(15)

"U.S. EPA" means the United States Environmental Protection Agency, including any successor agency or delegated agency.

(16)

"Water bureau" means the Water Bureau of the MDEQ or its successor, bureau or division.

(17)

"Well" means an opening in the surface of the earth for the purpose of removing fresh water or water contaminated with hazardous substances or a test well, monitoring well, recharge well, waste disposal well or a well used temporarily for dewatering purposes during construction.

(c)

Wells and groundwater use prohibited.

(1)

New wells. Except as provided in section 29-54(d) of this chapter, no person, lessee or tenant or legal entity who has an ownership interest or exercises any control over any property shall install or utilize, or allow, permit or provide for the installation or utilization of a new well.

(2)

Existing wells. Except as provided in section 29-54(d) of this chapter, no person, lessee, tenant or legal entity with a legal interest in a property shall use or allow or permit or provide for the use of an existing well on any property in which they have an ownership interest.

(d)

Exceptions. A person may install or utilize, or allow, permit or provide for the installation or utilization of a well within the city if any of the following exceptions applies and the requirements for the exception are met. Any wells permitted under this section shall comply with all laws, rules, regulations, permits and license requirements, orders or directives regarding the installation, use and abandonment of the well.

(1)

Groundwater monitoring. A well may be installed or utilized for groundwater monitoring or remediation as part of response activities approved by the MDEQ or U.S. EPA (if the U.S. EPA has jurisdiction of any issue affected by the well) or consistent with a plan meeting the requirements of applicable federal or state environmental law, without prior approval or issuance of a permit by the city.

(2)

Construction dewatering. A well may be installed and/or used for construction dewatering, subject to issuance of a well permit by the city, if the following conditions are satisfied:

a.

Written notice of the existence of the well is given to the OCHD, water bureau, and deputy city manager;

b.

The use of the dewatering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones, or adverse hydrogeological effects on contaminated groundwater plumes. The burden and cost of making the determinations under this subsection and properly handling and disposing of water shall be borne solely by the person proposing to install the dewatering well, which costs shall include the actual cost for the city's staff or professional contractors reviewing such determinations and issuance of any permit required under this chapter;

c.

The water generated by the dewatering well is properly handled and disposed of in compliance with all applicable laws, rules, regulations, permit and license requirements, and orders and directives of any governmental entity or agency of competent jurisdiction; and,

d.

Any exacerbation of contaminated groundwater, or any release of hazardous substances or any violation of any other federal, state, or local law which is caused by the installation or use of the well under this exception shall be the responsibility of the person operating the dewatering well, to remedy as provided in Part 201 of the Natural Resources and Environmental Protection Act, being MCL 324.20101 et seq. as amended from time to time.

(e)

Public emergencies. A well may be used in the event of a public emergency, in the sole determination of the city.

(f)

Right-of-way permit required. Under this section, a right-of-way permit shall be required prior to installing any well in the public right-of-way except in the case of a public emergency.

(g)

Nonconforming well. Any existing well, the use of which is prohibited by section 29-54(a), (c), and (d), except as otherwise permitted by [section] 29-54(d), shall be plugged or abandoned by the person having an ownership interest in the premises or by the lessee or tenant or other person in control of the premises unless section 29-54(h) applies. Any plugging or abandonment of wells shall be done in conformance with all applicable laws, rules, regulations, permit or license requirements, orders and directives of the OCHD, water bureau or any other governing entity, agency or court of competent jurisdiction. Proof of abandonment and plugging shall be provided to the city, in addition to any other applicable authorities, within 90 days of such closure.

(h)

Use of section 29-54 as an Institutional Control Mechanism. Any person involved in preparing a response action plan dealing with contaminated groundwater who seeks to use the provisions of this section as an institutional control acceptable to MDEQ, must:

(1)

Locate and identify, by all means practicable, all existing wells;

(2)

At no cost to the well owner, properly plug all wells being used for purposes other than those allowed in section 29-54(d), in accordance with the Michigan Water Well Construction and Pump Installation Code;

(3)

Provide well closure records of all wells plugged to OCHD, city and MDEQ; and,

(4)

If a well that is closed and plugged under this subsection was being used, the person using this section shall connect the premises being served by it to the municipal water supply, in accordance with this article and all applicable federal, state, and local requirements, and shall pay all fees and costs associated with the connection so that there is no cost to the well owner.

(i)

Issuance of permits. No person shall dig or drill a well upon any lands within the city pursuant to this chapter without having first secured a permit therefore from the city and paying all fees and costs required hereunder for the issuance of the permit. Additional costs or fees incurred under this section shall be billed to the applicant, and shall be paid by the applicant within 30 days. The city may attach a lien to any property for which any costs or fees under this section remain unpaid after 30 days. The form of permit and any fee for any permit issued under this section shall be determined by the city council.

(j)

Enforcement responsibility. The deputy city manager or the deputy city manager's designee shall be responsible for the enforcement of this section.

(k)

Violations. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or both. In addition, the city may seek an order from a court of competent jurisdiction to restrain any person from violating this chapter, including the collection of costs and attorney fees associated with the enforcement action.

(l)

Nuisance. Any well which does not conform to this section is hereby declared and deemed a public nuisance, and is declared to be offensive to the public health and safety, subject to abatement, and shall be immediately taken out of service and properly and lawfully abandoned. Any existing well, the use of which is prohibited by this section, shall be plugged or abandoned in conformance with all applicable laws, regulations, rules, permit and license requirements, orders and directives of any governmental entity or agency of competent jurisdiction, or, in the absence of applicable law, rule, regulation, requirement, order, or directive, in conformance with the protocol developed consistent with the American Society for Testing and Materials ("ASTM") Standard #D5299-92. Any person found to be responsible for installing, permitting, maintaining or using such well is subject to being ordered by a court of competent jurisdiction to properly and lawfully remove or abandon such well.

(m)

All ordinances or parts of ordinances in conflict with this section are repealed only to the extent necessary to give this section full force and effect.

(n)

Should any section, subdivision, clause, or phrase of this section be declared by a court of competent jurisdiction to be invalid, the validity of the section as a whole, or in part, shall not be affected other than the part invalidated.

(o)

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this section takes effect are saved and may be consummated according to the law in force when they commenced.

(p)

This section as ordered shall take effect ten days after its adoption and upon publication.

(q)

A copy of this section may be inspected or purchased at the city clerk's office between the hours of 8:00 a.m. and 4:30 p.m. on regular business days.

(Ord. No. 1065, § 1, 4-13-09)

Nothing contained in this article shall be construed as limiting in any manner the powers of the health officer, and if any unsanitary condition exists, the same is hereby declared to be a public nuisance and shall be abated in accordance with the provisions of the Charter and this Code.

(Code 1958, § 7-409)

Charter reference— Authority to abate nuisances, Ch. 2, § 2.2(n).

Cross reference— Public nuisances generally, Ch. 17, Art. II.

No person shall construct or cause to be constructed a privy, outhouse, cesspool or privy vault within the city if there is a public sewer within 150 feet of said privy, outhouse, cesspool or privy vault. Nothing contained in this section shall prevent the construction of privies distant more than 150 feet from a public sewer. The owner or occupant of any premises upon which any privy is located, that is more than 150 feet from any public sewer, shall at least once in each month, from the first of April to the first of November in each year, throw into the vault of such privy a sufficient amount of quicklime or other disinfectant, to prevent the same from becoming a nuisance, and such privy shall at all times be kept by the owner or occupant of the premises upon which it is located in a condition not offensive to the public or to any person. Any privy or cesspool that emits any foul or offensive odor is hereby declared a nuisance and the health officer shall abate the same, and no owner or occupant of any premises shall permit any privy to become a nuisance, emitting any foul or offensive odor, or shall permit any open or exposed privy vault or cesspool to exist on any premises owned or occupied by him.

(Code 1958, § 4-211)

No person shall establish or make any connection with any city sewer or sewer pipe, or cause same to be done, unless he complies with the provisions of this Code, the state laws and all lawful regulations, and unless he first procures a permit therefor.

(Code 1958, § 7-401)

Application for a permit required by section 29-72 shall be made to the building department in such form and detail as it may prescribe, accompanied with the payment of such charges as may be determined from time to time by council resolution, except that tapping charges shall be uniform to all property owners on streets of equal width irrespective of the location of the lateral sewers in said streets.

(Code 1958, § 7-402)

No permit for a sewer connection shall be issued unless the applicant shall first file with the city a cash or surety bond in the sum of $1,000.00, conditioned upon the faithful performance of the terms specified in the permit. Whenever an application is made by one contractor in any one calendar year for two or more permits for sewer connections, he shall first file with the city a cash or surety bond in the sum of $2,000.00 conditioned upon the faithful performance of the terms specified in the permit, provided, that no permit shall be issued after December 31 ^st in any year on a bond dated prior to that date. All bonds required by this section shall be for a term expiring one year after completion of each sewer connection and approval of the building department.

(Code 1958, § 7-403; Ord. No. 136, § 1, 9-28-59)

It shall be unlawful to construct, operate or maintain a private sanitary sewer system within the city where a public sanitary sewer system is available. Whenever a public sanitary sewer system becomes available, all existing private sanitary sewer systems shall be connected thereto on or before six months after written notice of the availability of such public sanitary sewer system is given to the property owners. Such written notice shall be given by the building inspector by certified mail, return receipt requested, addressed to the owners of such properties as shown on the current tax rolls of the city.

(Code 1958, § 7-405; Ord. No. 173, § 1, 2-27-61)

Each building shall have a separate connection to the public sanitary sewer system and such connection shall be constructed in compliance with the pertinent provisions of the plumbing and building codes of the city.

(Code 1958, § 7-405; Ord. No. 173, § 1, 2-27-61)

Cross reference— Building code, Ch. 6, Art. II; plumbing code, Ch. 6, Art. IV.

All work done pursuant to any permit issued under this article shall be personally inspected by the plumbing inspector who shall have access to the premises for this purpose at all reasonable times.

(Code 1958, § 7-404)

No person shall cover any sewer until the plumbing inspector approves, in writing, the work as having been completed in compliance with the state law, the provisions of this Code and all rules and regulations of the department of public works.

(Code 1958, § 7-408)

(a)

No person shall place or cause to be placed in any sanitary sewer any substance other than household waste or commercial waste. The terms "household waste" and "commercial waste" for the purpose of this section shall mean only liquid waste, except surface and stormwater drainage.

(b)

No person shall place or cause to be placed any device anywhere which allows any surface or stormwater from any roof, yard or premises to be deposited in any sanitary sewer.

(c)

It shall be unlawful for any person willfully and not so authorized by the city to stop or obstruct the passage of water flowing from any source in any street, or gutter, and emptying into any inlet, catch basin, manhole, public sewer or drain, stream or culvert.

(d)

No grease, fatty matter, bones, butcher's offal, garbage, dead animals or parts thereof, stone dust, cement, ashes, cinders, balls, toys, rubber, metal, glass, rags, cardboard, bulky paper or any waste materials of a kind likely to cause obstructions or damage, shall be placed, thrown or deposited, or be so placed as to be carried into any sewer, drain, inlet, catch basin, manhole or waterway; but this provision shall not apply to any such garbage and food wastes so deposited and passing into any sewers and drains by use of mechanical disposal units.

(e)

No person shall injure, break or remove any portion of any public sewer, drain, catch basin, inlet, manhole, or vent, or any cover or other accessory therefor, except as so authorized by the city.

(f)

No quantity of marble, stone, iron, lead, timber or any other material or substance exceeding one ton in weight, and no building or structure, shall be placed, deposited, erected or maintained upon any wharf or bulkhead through or beneath which any sewer or drain may run, or upon any land which is over any public sewer or drain, where the same shall be within three feet of the surface of the street, or in any place whereby the same will be otherwise so endangered or damaged, or access thereto unduly obstructed, or cutoff, when the person so doing has knowledge, or notice of such facts.

(Code 1958, §§ 7-406, 7-407)

By virtue of obligations and authority placed upon the city by certain contracts for sanitary sewage treatment between the City of Madison Heights and the City of Detroit, this division is adopted to regulate the use, design and construction of public sanitary sewers in the City of Madison Heights in which is deposited any wastewater which is treated at a wastewater treatment plant under the jurisdiction of the City of Detroit.

(Ord. No. 747, § 1(A), 11-13-84)

As used herein, the following terms shall mean:

BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter (mg/l).

Building drains shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.

Building sewer shall mean the extension from the building drain to the public sewer.

City shall mean the City of Madison Heights.

City Code shall mean the Code of Ordinances of the City of Madison Heights.

Combined sewer shall mean a sewer receiving both surface runoff and sewage.

Council shall mean the city council of the City of Madison Heights.

Director shall mean the director of the department of public services in the City of Madison Heights or his deputy or his designated representative.

Industrial wastes shall mean any liquid, solid or gaseous waste or form of energy or combination thereof resulting from any process of industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.

National Pollutant Discharge Elimination System (NPDES) permit shall be as defined in the Federal Water Pollution Contract Act, 33 USC 1342, PL-92-500, section 402; and 40 CFR 125.

Natural outlet shall mean any outlet into a watercourse, river, pond, ditch, lake or other body of surface or groundwater.

Persons or user shall mean any individual, firm, company, association, society, corporation, or group.

Private drain shall mean any drain or sewer connecting a private source to a public or lateral sewer.

Private sewer shall mean a sewer not under the jurisdiction or ownership of a governmental entity.

Public right-of-way shall mean a street or alley under governmental jurisdiction that is for public use.

Public sewer shall mean a common sewer controlled by a governmental agency or public entity.

Sanitary sewer shall mean a sewer that carries liquid or water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.

Sewage works shall mean all facilities for collecting, pumping, treating and disposing of sewage.

Sewer shall mean a pipe or conduit carrying liquid and/or liquid-bearing wastes.

Slug shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation.

Storm sewer shall mean a sewer which carries storm and surface waters and drainage, but excludes wastewater and industrial waters, other than unpolluted and cooling water.

Unpolluted water shall mean water in its original natural or unused state and, if used, it shall be at least equal chemically, physically and biologically to its state before use.

Wastewater shall mean a combination of water, liquid and liquid- or water-carried waters [wastes] emanating from, or by, domestic, commercial or manufacturing into a sanitary sewer.

Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. No. 747, § 1(B), 11-13-84)

No person shall discharge any sanitary sewage, industrial waste or other objectionable or deleterious matter into any stream, watercourse, lake or pond within, leading to or bordering upon the city. Such sewage or waste shall be discharged into public sewers having connection to the sewage works, unless such sanitary sewage or other objectionable or deleterious matter is treated in a manner approved by the director of the Detroit Water and Sewerage Department and the health department, so as not to endanger public health and as required by other government agencies having jurisdiction so as not to endanger public health or to create a public nuisance.

(Ord. No. 747, § 1(B), 11-13-84)

No person shall establish or make any connection with any sewer or sewer pipe, or cause same to be done, unless he complies with the provisions of this Code, the state laws, and all lawful regulations, and unless he first procures a permit as provided herein.

(Ord. No. 747, § 1(C), 11-13-84)

All industrial and commercial flow discharged to a city public sewer shall comply with the requirements of the city's industrial water control ordinance and the following:

(1)

Stormwater and all other unpolluted water shall be discharged to sewers specifically designated as combined sewers or storm sewers or to a natural outlet approved by the appropriate state agency. Industrial cooling water and unpolluted process water may be discharged to a storm sewer upon approval by the city. The discharge of such waters to a natural outlet must be approved by the appropriate state agency.

(2)

No person shall remove or cause to be removed any gate, cover or barricade from a manhole, catch basin or sewer inlet over which it is placed, or in any way, directly or indirectly, injure any city public sewer or any part thereof.

(3)

No person shall make or construct any sink, drain or sewer leading into any city public sewer without providing a sufficient strainer at the head of it.

(4)

No person shall deposit or cause to be deposited in any city public sewer, or in any private sewer connecting therewith, any garbage, glass, metal, earthenware, stone, sand, gravel, cinders, cement, concrete, lime or lime waste, rags, lint, dust, grass, hay, straw, manure, offal, grease, feathers, sticks or bits of wood, gasoline, oil or oily wastes, tar, acids, chemicals, offensive or harmful gaseous wastes or gases, either free or in solution nor shall any waste or materials or combinations thereof be deposited that are liable to cause injury to, stoppage of or unreasonably offensive odors in such sewers.

(5)

No person shall deposit or allow to be deposited any refuse, dripping or noxious liquid or other substance from any distributing pipe or gas conductor into any sewer, receiving basin, gutter or other place within the city or force or discharge into any public or private sewer or drain any stream vapor or gas.

(Ord. No. 747, § 1(D), 11-13-84)

Cross reference— For similar provisions prohibiting deposit of certain material in sewers, see § 29-85(d).

In any building of any type whatsoever that may be hereafter erected, stormwater from any roof shall not be deposited in any storm or sanitary sewer. Devices that permit such water to drain into sewers, as aforesaid, are hereby prohibited except as otherwise provided in section 29-93 hereof.

(Ord. No. 747, § 1(E), 11-13-84)

Cross reference— For similar provisions prohibiting deposit of surface and stormwaters in sewers, see § 29-85(b).

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the city sewage works.

(Ord. No. 747, § 1(F), 11-13-84)

Cross reference— For similar provisions prohibiting injury or breakage of public sewers, drains, etc., see § 29-85(e).

(a)

Any person found to be violating any provision of this division shall be served by the city with written notice stating the nature of the violation and providing ten days within which time such violation shall be corrected; provided, however, that any notice concerning the mandatory connection to an available public sewer shall be given in the manner required by state statute.

(b)

Any person who shall continue any violation beyond the time limit provided for the violation notice shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the amount not to exceed $500.00 or imprisoned in the county jail for not more than 90 days, or both, in the discretion of the court, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

(Ord. No. 747, § 1(G), 11-13-84)

Cross reference— General penalty, § 1-7.