INDUSTRIAL PRETREATMENT PROGRAM FOR THE K.I. SAWYER WWTP MARQUETTE COUNTY GWINN, MICHIGAN

Transcription

1 INDUSTRIAL PRETREATMENT PROGRAM FOR THE K.I. SAWYER WWTP MARQUETTE COUNTY GWINN, MICHIGAN SEPTEMBER 5, 2017

2 TABLE OF CONTENTS SECTION 1 INTRODUCTION SECTION Purpose and Scope Administration Abbreviations Definitions... 6 SECTION 3 GENERAL SEWER USE REQUIREMENTS 3.1 Prohibited Discharge Standards SECTION 4 IDENTIFICATION OF USERS 4.1 Domestic Users Non-Domestic Users Trucked Wastewater SECTION 5 DISCHARGE PERMITS 5.1 Application to Discharge Industrial Wastewater Discharge Permits Permit Re-Issuance User Fees SECTION 6 FACILITY MONITORING AND INSPECTION PLAN 6.1 Introduction Goals Sampling and Inspection Personnel Inventory of Users Notification of Rules and Regulations Compliance Monitoring Reporting Requirements of Significant Industrial Users Sampling Requirements of Significant Industrial Users SECTION 7 INSPECTIONS 7.1 Scheduled Inspections Unscheduled Inspections Denial of Entry Procedures Frequency of Inspections Slug Discharge Control Plan Confidentiality Noncompliance SECTION 8 GENERAL NOTIFICATIONS 8.1 Changed Discharge or User Status Change in Ownership

3 8.3 Hazardous Waste Discharge Discharges Potentially Causing WWTP Interference, Pass-Through or Slug Loadings Upset or Unanticipated Bypass User Violation of Pretreatment Standards Installation of New Pretreatment Facilities Property Rights Severability Reapplication Local Pretreatment Standards SECTION 9 PRETREATMENT PROGRAM ANNUAL REPORT SECTION 10 ENFORCEMENT RESPONSE PLAN 10.1 Introduction Enforcement Response Plan Personnel Compliance Monitoring and Determination of Compliance Significant Non-Compliance Enforcement Response Guide Appendices APPENDIX A: Chapter 2000 Sanitary Sewer Use Ordinance APPENDIX B: Marquette County K.I. Sawyer WWTP MAHL APPENDIX C: MDEQ Part 23 Rules APPENDIX D: 40 CFR 136 APPENDIX E: 40 CFR part 403 APPENDIX F: Pretreatment Program Annual Report APPENDIX G: Significant Non-Compliance Memo APPENDIX H: Example Industrial Wastewater Discharge Permit APPENDIX I: Industrial Wastewater Discharge Permit Application Form APPENDIX J: 90-Day Compliance Report Form APPENDIX K: Baseline Monitoring Report Form APPENDIX L: Chain-of-Custody Form APPENDIX M: Industrial User Pretreatment Questionnaire Form APPENDIX N: Inspection Report Form APPENDIX O: Commonly Used IPP Terms APPENDIX P: Enforcement Response Guide APPENDIX Q: Sampling Guide APPENDIX R: Sample Container Guide APPENDIX S: K.I. Sawyer Commercial/Industrial Facilities List 3

4 SECTION 1. INTRODUCTION The County of Marquette which owns the K. I. Sawyer Wastewater Treatment Plant is required by Federal regulation to control pollutants which are tributary to its wastewater collection and treatment system. The program under which this takes place is called the Industrial Pretreatment Program (IPP). This manual is meant to provide guidelines for the monitoring, enforcement, and implementation of the K.I. Sawyer Wastewater Treatment Plant's IPP. This manual is on file with the Michigan Department of Environmental Quality (MDEQ), County of Marquette, and the K. I. Sawyer Wastewater Treatment Plant (WWTP). Questions regarding or revisions made to this manual should be forwarded to the following persons: Nicholas Hautamaki, Wastewater Department Supervisor K.I. Sawyer Wastewater Treatment Plant 125 G Avenue Gwinn, MI Phone: Steve Schenden, Director of Operations Sawyer Service Center 125 G Avenue Gwinn, MI Phone: , ext. 221 Randy Conroy Upper Peninsula District Geologist Water Resources Div.-MDEQ

5 K.I. SAWYER INDUSTRIAL PRETREATMENT PROGRAM SECTION 2. GENERAL PROVISIONS 2.1 Purpose and Scope This Industrial Pretreatment Program sets forth uniform requirements for users of the publicly-owned treatment works for the K.I. Sawyer Wastewater Treatment Plant and enables the County of Marquette to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [U.S.C] section 1251, et seq.) and all General Pretreatment Regulations (Title 40 Code of Federal Regulations [CFR] Part 403) and MDEQ Rule R The objectives of this ordinance are: To prevent the introduction of pollutants into the publicly-owned treatment works that will interfere with its operation; To prevent the introduction of pollutants into the publicly-owned treatment works that will pass through the publicly-owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly-owned treatment works; To protect both publicly-owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; To promote reuse and recycling of industrial wastewater and sludge from the publicly-owned treatment works; To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly-owned treatment works; and To enable the K.I. Sawyer Wastewater Treatment Plant to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use, and disposal requirements, and any other Federal or State laws to which the publicly-owned treatment works is subject. This Industrial Pretreatment Program shall apply to all industrial users of the publicly-owned treatment works. The Industrial Pretreatment Program authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 2.2 Administration Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of the Industrial Pretreatment Program. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other K.I. Sawyer Wastewater Treatment Plant personnel. 5

6 2.3 Abbreviations The following abbreviations, when used in this Industrial Pretreatment Program, shall have the designated meanings: BOD BMP BMR CFR CIU COD EPA gpd IU mg/l NPDES POTW RCRA SIC SIU SNC TSS U.S.C WWTP Biochemical Oxygen Demand Best Management Practices Baseline Monitoring Report Code of Federal Regulations Categorical Industrial User Chemical Oxygen Demand U.S. Environmental Protection Agency gallons per day Industrial User milligrams per liter National Pollutant Discharge Elimination System Publicly Owned Treatment Works Resource Conservation and Recovery Act Standard Industrial Classification Significant Industrial User Significant Noncompliance Total Suspended Solids United States Code Wastewater Treatment Plant 2.4 Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. A. Act, or "the Act" the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C et seq. B. Approval Authority State of Michigan 6

7 C. Authorized Representative of the User If the User is a corporation: 1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or 2. The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively. If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. 3. The individuals described in subparagraphs 1) through 3) above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the K. I. Sawyer Wastewater Treatment Plant. D. Best Management Practices (BMPs) schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. E. Biochemical Oxygen Demand, or BOD the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees Centigrade, usually expressed as a concentration (e.g., mg/l). F. Categorical Pretreatment Standard or Categorical Standard - any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts

8 G. Categorical Industrial User An Industrial User subject to Categorical Pretreatment Standard or Categorical Standard H. Chemical Oxygen Demand or COD A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. I. Control Authority Marquette County/K.I. Sawyer WWTP J. Daily Maximum The arithmetic average of all effluent samples for a pollutant collected during a calendar day. K. Daily Maximum Limit The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. L. Environmental Protection Agency, or EPA the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency. M. Existing Source any source of discharge that is not a New Source. N. Grab Sample a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. O. Indirect Discharge or Discharge the introduction of pollutants into the POTW from any nondomestic source. P. Instantaneous Discharge Limit the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Q. Interference a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of K.I. Sawyer Wastewater Treatment Plant NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issues there under, or any more stringent State or local regulations; Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. 8

9 R. K.I. Sawyer Wastewater Treatment Plant owned by County of Marquette. S. Local Limit Specific discharge limits developed and enforced by the K.I. Sawyer Wastewater Treatment Plant upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). T. Medical Waste isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. U. Monthly Average The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. V. Monthly Average Limit The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. W. New Source 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 Section 307(c) of the Act that 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 at which 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. 4. Construction on a site at which an Existing Source is located results 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 Section (1) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. 5. Construction of a New Source as defined under this paragraph has commenced if the owner or operator has: a. Begun or caused to begin, as a part of a continuous onsite construction program. any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or removal of existing 9

10 buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or b. 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 paragraph. X. Noncontact Cooling Water water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Y. Pass Through a discharge which exits the POTW into waters of the State of Michigan 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 K.I. Sawyer Wastewater Treatment Plant's NPDES permit, including an increase in the magnitude or duration of a violation. Z. Person any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assignees. This definition includes all Federal, State, and local governmental entities. AA. ph a measure of the acidity or alkalinity of a solution, expressed in standard units. BB. Pollutant dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., ph, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). CC. Pretreatment the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. DD. Pretreatment Requirements any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. EE. Pretreatment Standards, or Standards pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. 10

11 FF. Prohibited Discharge Standards, or Prohibited Standards absolute prohibitions against a discharge of certain substances; these prohibitions appear in Section 3.1 of this ordinance. GG. Publicly-Owned Treatment Works, or POTW a treatment works, as defined by Section 212 or the Act (33 U.S.C. Section 1292) which is owned by the County of Marquette. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. HH. Septic Tank Waste any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. II. Sewage human excrement and gray water (household showers, dishwashing operations, etc.). JJ. Significant Industrial User (SIU), a Significant Industrial User is: 1. An Industrial User subject to categorical Pretreatment Standards; or 2. An Industrial User that: a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); b. Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or c. Is designated as such by the K.I. Sawyer WWTP on the basis that it has a reasonable potential for adversely affecting the POTW s operation or for violating any Pretreatment Standard or Requirement. KK. Slug Load or Slug Discharge Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 3.1 of this ordinance. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to and accidental spill or a non-customary batch discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW s regulations, Local Limits or permit conditions. LL. Storm Water any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. 11

12 MM. Superintendent the person designated by the County of Marquette to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance, or a duly authorized representative. NN. Total Suspended Solids or Suspended Solids the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. OO. User, or Industrial User a source of indirect discharge. PP. Wastewater liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. QQ. Wastewater Treatment Plant or Treatment Plant that portion of the POTW which is designated to provide treatment of municipal sewage and industrial waste. SECTION 3. GENERAL SEWER USE REQUIREMENTS 3.1 Prohibited Discharge Standards General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: a. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR b. Wastewater having a ph less than 6.5, or more than 10, or otherwise causing corrosive structural damage to the POTW or equipment. c. Solid pollutants. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, fat, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, or glass grinding or polishing waste, petroleum oil, non-biodegradable oil, or products or mineral oil in amounts that will cause interference or pass through. 12

13 d. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. e. Wastewater having a temperature greater than 80 degrees Fahrenheit, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius). f. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. g. Pollutants which result in the presence of toxic gases, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. h. Trucked or hauled pollutants, except at discharge points designated by the Superintendent of K.I. Sawyer Wastewater Treatment Plant, in accordance with Section 4.3 of this industrial pretreatment program. i. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. j. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating K.I. Sawyer Wastewater Treatment Plant's NPDES permit. k. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State of Federal regulations. l. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent. m. Sludges, screenings, or other residues from the pretreatment of industrial wastes, n. Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit. 13

14 o. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. p. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW. q. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l. r. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. SECTION 4. IDENTIFICATION OF USERS For purposes of identification, users of the K. I. Sawyer's sanitary sewerage system and POTW are categorized as either domestic or non-domestic users. 4.1 Domestic Users A domestic user is defined by the County of Marquette Water and Sewer Ordinance as "sewage with a concentration of less than 250 mg/l Biochemical Oxygen Demand (BOD) and 300 mg/l of Suspended Solids (SS)." While not the focus of the K.I. Sawyer's Industrial Pretreatment Program, domestic users are restricted as to what they are allowed to discharge. 4.2 Non-Domestic Users Industrial/Commercial User. Any user that is not considered a domestic user defined above. Significant Industrial User (SIU). Any industrial user that: a. Is subject to federal categorical pretreatment standards. b. Has an average daily discharge of more than 25,000 gallons. c. Provides more than 5% of the POTW organic or hydraulic dry weather loading. d. May have an adverse effect on the POTW Non-domestic users are defined as any user other than a domestic user. The list of non-domestic users at K.I. Sawyer, called the K.I. Sawyer Commercial/Industrial Facilities List, is included in Appendix T. This list is updated as non-domestic users enter and leave K.I. Sawyer Every five years, the K.I. Sawyer Wastewater Treatment Plant is responsible for conducting a survey of non-domestic users as required by 40 CFR 403.8(f)(2)(i) & (i). A Questionnaire form, included in Appendix M, will be distributed to all non-domestic users as a means of conducting the survey. At the 14

15 same time, the Wastewater Superintendent will update the Commercial/Industrial Facilities List by examining telephone directories, Chamber of Commerce records, Commercial/Industrial Use Survey and wastewater records. The K.I. Sawyer WWTP Superintendent will review the Commercial/Industrial Facilities List as it is periodically updated to determine which users' wastewater discharge may have a detrimental effect on the sanitary sewerage system or the POTW or pass-through to the Silver Lead Creek. 4.3 Trucked Wastewater Currently, trucked wastewater is accepted by the WWTP using the same IPP guidelines as all other permit holders. Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste shall not violate Section 3 of this ordinance or any other requirements established by County of Marquette or K.I. Sawyer Wastewater Treatment Plant. The Superintendent shall require septic tank waste haulers to obtain wastewater discharge permits. The Superintendent may require haulers of industrial waste to obtain wastewater discharge permits. The Superintendent may require generators of hauled industrial waste to obtain wastewater discharge permits. The Superintendent also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this ordinance. Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. SECTION 5. DISCHARGE PERMITS 5.1 Application to Discharge All non-domestic users are required to submit a completed Industrial Wastewater discharge Permit application to the WWTP Superintendent. New non-domestic users are required to submit an Industrial Wastewater Discharge Permit Application prior to the commencement of discharge included in Appendix I; existing non-domestic users are required to submit an Industrial User Pretreatment Questionnaire prior to a significant change in their sewer use. A copy of the Industrial User Pretreatment Questionnaire form is included in Appendix M. The information included in a completed Baseline Monitoring Report is necessary to determine if a nondomestic user should be classified as Significant Industrial User and should therefore be issued an IPP discharge permit. 15

16 Procedure for the submittal of an Industrial Wastewater Discharge Permit Application is as follows: New Non-Domestic User. When a new don-domestic user enters K.I. Sawyer, the Superintendent will send an Industrial Wastewater discharge Permit application form to the new non-domestic user. The new non-domestic user will be required to complete and submit the Industrial Wastewater discharge Permit application to the Superintendent at least 90 days prior to the commencement of discharge. The Superintendent will then review the Industrial Wastewater discharge Permit application and inspect the new non-domestic user's facility within 30 days of receipt of their completed Industrial Wastewater discharge Permit application. Significant and Non-Significant Industrial Users. The Superintendent will classify the new non- domestic user as either a Significant Industrial User (SIU) or a Non-Significant Industrial User. The Superintendent will notify the new non-domestic user of their facility's classification, monitoring requirements, and a copy of the County of Marquette's IPP and Sewer Ordinance. A SIU shall not be allowed to commence discharge until they have been issued a discharge permit by the Superintendent. Categorical and Non-Categorical Significant Industrial Users. An existing non-domestic user categorized as a SIU must be further categorized as a Categorical Significant Industrial User or Non-Categorical Significant Industrial User. The Superintendent will refer to the Code of Federal Regulations (40 CFR) and the appropriate United States Environmental Protection Agency (USEPA) guidance manuals for assistance in this determination. An existing non-domestic user re-classified as a Significant Industrial User because of a change in sewer use shall be issued a discharge permit by the Superintendent. Changes in sewer use shall not commence until the existing non-domestic user is issued a discharge permit. 5.2 Industrial Wastewater Discharge Permits The National Pretreatment Standards and Requirements state in 40 CFR 403.8(f)(1)(iii) and Rule 1 that cities with approved pretreatment programs must control the discharge from Industrial Users through permit, order or similar means to ensure compliance with applicable pretreatment standards and requirements. As a representative of the USEPA, the MDEQ now requires the use of industrial wastewater discharge permits to regulate Industrial Users. An example of an industrial wastewater discharge permit is included in Appendix H. To obtain an industrial wastewater discharge permit, an application for permit shall be made on an application form supplied by the County of Marquette included in Appendix I. Industrial wastewater discharge permits issued to Significant Industrial Users shall be issued for up to five years. The permits are composed of a number of different sections that may vary from user to user. Industrial User Permits issued to Significant Industrial Customers must be enforceable and contain at a minimum, the following conditions: 1. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date; 16

17 2. A statement that the wastewater discharge permit is nontransferable without prior notification to K.I. Sawyer POTW in accordance with this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; 3. Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards; this section may vary from user to user, however. The combined waste steam formula contained in 40 CFR 403.6(e) R (7) must be taken into account where more than one categorical process is present or regulated waste streams are being diluted prior to discharge. Procedures to be utilized for developing alternative mass- or concentration-based limits are as noted in 40 CFR 403.6(e) (1) & R (5). 4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law. 5. A statement of applicable and civil penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. The schedule may not extend the compliance date beyond federal deadlines. 5.3 Permit Re-Issuance A user must apply for re-issuance of a permit by submitting a complete permit application to the WWTP Superintendent at least 90 days prior to the expiration of the user's existing permit. 5.4 User Fees There are several types of fees associated with sewer use. These types include fees for: Reimbursement for the costs of developing and operating the County's Industrial Pretreatment Program Monitoring, inspection, and surveillance procedures Reviewing accidental discharge procedures and associated construction Permit applications Filing appeal Other fees as the County of Marquette may deem necessary to carry out the requirements contained in the K.I. Sawyer Industrial Pretreatment Program. These fees are adopted by resolution by the County of Marquette. SECTION 6. FACILITY MONITORING AND INSPECTION PLAN 6.1 Introduction The Superintendent of the Publicly-Owned Treatment Works (POTW) of K.I. Sawyer administers an Industrial Pretreatment Program in accordance with the laws of the United States and the State of Michigan. An integral part of this Industrial Pretreatment Program is the monitoring and inspection of significant industrial users of the sewerage system. Monitoring and inspecting industrial users provides 17

18 WWTP with data, which is used to determine the industrial users' compliance with local ordinances and applicable Federal and State pretreatment standards and requirements. A monitoring plan is included in Appendix N. 6.2 Goals The goals of the Facility Monitoring and Inspection Plan: Protecting public health, the POTW, and its employees and the environment Providing industrial users with a protocol for participation in the K.I. Sawyer Industrial Pretreatment Program Working with industrial users to minimize noncompliance. Determine compliance with limits and discharge requirements 6.3 Sampling and Inspection Personnel The Superintendent of the Wastewater Treatment Facility is the Industrial Pretreatment Program coordinator for the K.I. Sawyer WWTP, responsible for administration of the program. The Superintendent has overall responsibility for the program and has direct routine contact with the various users of the sewerage system that discharge non-domestic wastes. The Superintendent provides information regarding regulatory requirements, reviews plans, specifications and operating procedures, drafts permits and permit modifications, inspects facilities, ensures that reports are timely and complete, reviews monitoring data submitted to or collected by the wastewater treatment plant, and ensures that K.I. Sawyer's database of user information is correct and up-to-date. The monitoring and inspection duties carried out by the Superintendent are as follows: Maintains working relationship with industrial users Reviews industrial self-monitoring reports, inspection reports, and analytical data Develops inspection and sampling schedules Inspects industrial facilities Performs, monitors, supervises sampling of non-domestic user discharges Evaluates monitoring facilities. 6.4 Inventory of Users The first priority of the Industrial Pretreatment Program will be to identify/track all of the users who may discharge non-domestic wastewater to the public sanitary sewer system. To identify non-domestic users, the Publicly-Owned Treatment Works (POTW) will continuously track industries based on new utility connections, telephone directories, inspections of business and municipal records semi-annually for building, plumbing and water supply and will maintain the information in a database. The Wastewater Treatment Plant (WWTP) Superintendent will supervise the database. The second step will be to designate industrial users as defined in the Michigan Department of Environmental Quality, Part 23, Rules R (cc) states that if an industrial user's discharge flow rate is greater than 25,000 gallons per day of process water, or contributes a process waste stream that 18

19 makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WWTP, the user will be classified as a significant industrial user. A user may also be classified as a significant industrial user if the concentration of a pollutant in the discharge has the potential to cause pass-through or interference at the POTW. All users regulated by categorical pretreatment standards are also classified as significant industrial users. An Industrial Wastewater Discharge Permit Application, along with an introductory letter, will be mailed to new non-domestic users to determine significant and/or categorical status. A copy of this form is included in Appendix I. After a non-domestic user is deemed significant and/or categorical, a discharge permit application will be required and a permit will be used by the POTW. An example industrial wastewater discharge permit is included in Appendix H. 6.5 Notification of Rules and Regulations A copy of the local water and sewer use ordinance, Michigan Department of Environmental Quality Part 23 Rules and the written County of Marquette Industrial Pretreatment Program will be issued to all new significant industrial users within 30 days of updating the significant industrial user list. The POTW will notify each new significant industrial user of its status and of all requirements applicable to the user as the result of this status. 6.6 Compliance Monitoring The Superintendent will review all data generated in the compliance monitoring process, from industrial self-monitoring to surveillance sampling and inspections. The Superintendent will maintain a file for each significant industrial user at the WWTP. Documents kept in these files will be reviewed, dated and initialed by the Superintendent as they are received. The County of Marquette, K.I. Sawyer Wastewater Treatment Plant, reserves the right, at any future date, to require additional self-monitoring by permitees, as deemed necessary by the Superintendent. 6.7 Reporting Requirements for Significant Industrial Users There are (3) types of routine discharge reports to be submitted by the Significant industrial users in accordance with the IPP. These are discussed in detail below in parts: 1) Pretreatment Questionnaire Form 2) Industrial Wastewater Discharge Permit Application 3) Baseline Monitoring Report 4) 90-Day Compliance Report 5) Periodic Compliance Report (PCR) 6) Continued Compliance Report (CCR) a. A pretreatment Questionnaire is used for the Nondomestic User Survey. 19

20 b. Industrial Wastewater Questionnaire Form is used for all Nondomestic users identified in the Nondomestic User Survey and for all new users that could be significant or categorical. c. Baseline Monitoring Report. New categorical industrial users must submit baseline monitoring reports at least 90 days prior to commencement of discharge to the POTW. A baseline monitoring report must contain the following information, as specified by 40 CFFR (b): Identifying Information. The name and address of the facility, including the name of the operator and owner. Contact information, description of activities, facilities, and plant production processes on the premises; Environmental Permits. A list of any environmental control permits held by or for the facility. Description of Operations. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production estimation is acceptable for new sources), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; Number and type of employees, hours of operation, and proposed or actual hours of operation; type and amount of raw materials processed (average and maximum per day); Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; Time and duration of discharges; estimation is acceptable for new sources; The location for monitoring all wastes covered by the permit; Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 2.2C (40 CFR 403.6(e)). Measurement of Pollutants. (Estimation is acceptable for new sources) The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, Daily Maximum, and long-term. d. 90-Day Compliance Report. Categorical industrial users must prepare a 90-day compliance report within 90 days following the date for final compliance with applicable categorical pretreatment standards. New categorical industrial users must also prepare a 90-day compliance report within 90 days of commencement of discharge to the POTW. A 90-day compliance report must contain the following information, as specified by 40 CFR (h): 20

21 Flow measurement (estimation is acceptable for new sources). Identification and measurement of pollutants (estimation is acceptable for new sources). Certification by qualified personnel. The purpose of a 90-day compliance report is for a user to demonstrate compliance with applicable categorical pretreatment standards. Non-categorical significant industrial users may be required to submit 90-day compliance reports. A 90-day compliance report form is included in Appendix J. Any nondomestic user subject to a categorical pretreatment standard after the compliance date of the pretreatment standard or, in the case of a new source, after commencement of the discharge into the publicly owned treatment works shall submit, to the control authority semiannually, unless required more frequently in the pretreatment standard or by the control authority or the approval authority, a report indicating the nature and concentration of pollutants in the effluent that are limited by the categorical pretreatment standards. In addition, the report shall include a record of measured or appropriately estimated average and maximum daily flows for the reporting period for the discharge reported in subrule (2)(d) of R , except that the control authority may require more detailed reporting of flows. A form can be found in Appendix J. Periodic Compliance Report (PCR). The PCR must contain the following information as specified by 40 CFR (e) and R : All significant users must submit no less than twice per year no later than June 30th and December 31st reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management Practice (BMP) or pollution alternative, the user must submit documentation required by the IPP Ordinance and SUO to determine the compliance status of the user. e. Additional Reporting Requirements for Significant Industrial Users. All non-domestic users are required to report the following events to the Superintendent: Known Violations Significant industrial users are required to verbally report known violations to the Superintendent within 24 hours of identification. Re-sampling immediately within 30 days upon discovery of the violation is also required. The Superintendent may require a follow-up written report. Changed Conditions or Potential Problems Significant industrial users are required to verbally report changed conditions or potential problems to the Superintendent within five (5) days of discovery. The Superintendent may require a follow-up written report. New or Significantly Changed Discharge Significant industrial users are required to submit a written report to the Superintendent at least 90 days prior to the release of a new or significantly-changed discharge. This report must include a description of the method of pretreatment the user intends to implement in order to meet permitted limits 21

22 and estimates of the flow and quantity of pollutants to be released in the user's new or significantly-changed discharge. Non-Routine Events- Significant industrial users must verbally report to the Superintendent within 24 hours of a non-routine event, such as a spill, pretreatment plant upset, significant change in production level and the discharge of hazardous materials. A follow-up written report must also be submitted within 30 days of the event. The written report must include a complete description of the event, flow rate and total volume of the discharge as well as identification and concentration of known or suspected pollutants in the discharge. 6.8 Sampling Requirements for Significant Industrial Users K.I. Sawyer WWTP will collect samples of the discharge and the cost will be billed to the significant user. Sampling of discharge should be conducted according to the following guidelines. Samples should be representative of daily operations. See Appendix S for a sample container guidance and Appendix R for sampling guidance. Sample Types. In general, the following parameters should be sampled using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by Superintendent, the samples must be representative of the discharge. conventional pollutants metals nonvolatile organics For use in Baseline Monitoring Reports, a minimum of (4) four grab composite samples must be collected for the following parameters: ph cyanide total phenols oil and grease sulfide volatile and semi-volatile organics Frequency of Sampling. The Superintendent will establish the frequency of sampling at his/her discretion for each significant industrial user. Sampling frequency for each parameter will be detailed in the Industrial Pretreatment Program discharge permit issued to each significant industrial user, but will be at a minimum monitoring frequency of every 6 months. Sampling will be done by the permitee. The cost of the testing will be billed to the industry being tested. Unscheduled Surveillance Monitoring. As required by 40 CFR 403.8(f)(2)(v) & (v), the WWTP will conduct unscheduled surveillance monitoring on significant industrial users at least once per year. Unscheduled surveillance monitoring will consist of a complete sampling and analysis of all regulated pollutant parameters. 22

23 Costs. The costs of surveillance monitoring shall be charged directly to the individual significant industrial users. This includes the costs of any additional monitoring deemed necessary by the Superintendent. Installation and Maintenance of Sampling Points. When requested by the Superintendent, significant industrial users will be responsible for installing and maintaining monitoring manholes and other sampling points. Reasonable Access. Inspections and surveillance monitoring at the user's property will be permitted at all reasonable times. Such inspections or monitoring will be conducted by County of Marquette Wastewater employees. Demand Monitoring. Demand monitoring will be conducted after extraordinary events such as a spill, pretreatment plant upset or instances of pass-through or interference at the WWTP. WWTP personnel will investigate these types of events and inform the responsible party or parties of impact and enforcement action. Cost for all demand monitoring shall be charged directly to the discharger(s) responsible for the extraordinary event. Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by EPA. SECTION 7. INSPECTIONS Industrial inspections are very important to K.I. Sawyer's Industrial Pretreatment Program. Through monitoring and inspection activities, the WWTP determines the compliance of industrial users with their Industrial Pretreatment Program discharge permit, local sewer use ordinance, and Federal and State regulations (State of Michigan). Pretreatment regulations require K.I. Sawyer's WWTP to inspect and sample the discharge of each significant industrial user at least once per year. Any sampling required by K.I. Sawyer s WWTP will be at the expense of the industry. An inspection form, which also may serve as an inspection report, is included in Appendix N. 7.1 Scheduled Inspections Annual inspection should be scheduled randomly each year. The Superintendent will schedule an inspection one week to one month in advance with each industrial user. The Superintendent will confirm this appointment with the facility's personnel by telephone one to two days prior. Preparation. In preparation for the inspection, the inspector should review the user's file, including: Baseline monitoring report Compliance monitoring reports Previous inspection reports Monitoring data 23

24 Site plans, including facility layout Water and sewer records Process flow diagrams Record of previous enforcement actions The inspector should also review appropriate National Pretreatment Standards and Requirements. Inspection Upon arrival at the site, the inspector will first identify him/herself and present appropriate identification to the user representative(s). Before touring the facility, the inspector will interview the user representative(s). This interview will cover the following points: Explain the purpose of the inspection Review of the user's baseline monitoring report Ask questions using inspection form Discuss any required site safety precautions Site Pollution Incident Prevention Plan (PIPP) Review Pollution Incident Prevention Plan (PIPP). The need for a slug control plan should be accessed by the Superintendent every (2) years as required by 40 CFR (f) (2) (v) and (v) During the facility tour, the inspector will utilize the inspection form, as a reminder of all items to cover. The inspector will: Study each process until material used and waste generated is understood. Make sure origin, content and fate of each waste stream is described and understood. Take his/her time. Avoid being rushed through. Point out the positive things the user is doing right. Not make recommendations or offer specific advice that might be misconstrued to be an official order. At the conclusion of the facility tour, the inspector will review the inspection form with the user representative(s) to ensure that all points were covered and obtain any necessary additional information, such as waste disposal sheets or Material Safety Data Sheets, etc. The inspector may also choose to conduct a field investigation, if he/she deems it necessary. During the field investigation, the inspector will: Check sewer and storm drain maps. Investigate area sewers, storm drains, surface waters. Note exterior storage tanks, drum storage areas, loading/unloading areas, cooling towers, ditches, ponds, landfills, dumps, treatment tanks, etc. At the conclusion of the inspection, the inspector will request any additional information or data and may choose to briefly summarize his/her findings. Inspection Report The inspector will complete an inspection report within 30 days after the inspection, if any deficiencies were found. This inspection report will list and explain any deficiencies, make recommendations for 24

25 correcting problems and will be promptly forwarded to the user. If no deficiencies are found during the inspection, the inspection form itself may serve as an inspection report as well and will be simply filed at the Wastewater Treatment Plant. 7.2 Unscheduled Inspections Unscheduled inspections have the same purpose as scheduled inspections and will be performed in the same manner, except the user will not be provided with advance notice. Unscheduled inspections will be conducted at the discretion of the Superintendent as need arises. Industrial facilities operating under a compliance schedule will receive unscheduled follow-up visits to verify progress and to document that required actions are being taken. Surveillance monitoring for the purpose of confirming data submitted by the user will be unscheduled. Samples collected by the K.I. Sawyer Wastewater employees for surveillance monitoring must be accompanied by a chain of custody form. A chain of custody form is included in Appendix L. Proper procedures regarding sample containers, hold times and preservation methods must be strictly observed in accordance with 40 CFR 136 (a copy can be found in Appendix D). For sampling and container guidance, please see Appendix R and S. 7.3 Denial of Entry Procedures If an inspector is denied entry into a facility, certain procedural steps (outlined below) must be followed: 1. The inspector will first make certain that all credentials and notices have been properly presented to the facility owner or agent in charge. 2. If entry is still denied, the inspector will tactfully ask why. The inspector will attempt to clear any obstacles, if possible. 3. If entry is still denied, the inspector will withdraw from the premises and contact his/her supervisor. The supervisor may confer with the county attorney to discuss the desirability of obtaining an administrative warrant. As soon as possible, the inspector will carefully note and document all observations pertaining to the denial of entry. This documentation will include the facility name, exact address, names and titles of persons approached who refused entry, date and time of denial, detailed reasons given for denial, facility appearance and any reasonable suspicions that refusal was based on a desire to cover up violations. Under no circumstances will the inspector discuss potential penalties or do anything that could be construed as coercive or threatening. The inspector will use care and discretion to avoid threats of any kind, inflammatory discussions or deepening of misunderstandings. 25

26 In the event of a threatening confrontation, the inspector will document the event and report it immediately to his/her supervisor. If possible, statements from witnesses should be obtained and included in the incident documentation. 7.4 Frequency of Inspections The K.I. Sawyer Wastewater Treatment Plant is committed to inspect all significant industrial users prior to Industrial Pretreatment Program discharge permit issuance, following permit issuance and at the time of permit renewal. If a user submits notice of a significant change in sewer use, an inspection should be scheduled. Michigan Regulations require an annual inspection and sampling of each significant industrial user at least semi-annually. The County of Marquette reserves the right, however, through its sewer use ordinance to inspect any user at any reasonable time. Such inspection may be scheduled or unscheduled. Based upon plant operating date, the K.I. Sawyer WWTP reserves the right to conduct an inspection at any reasonable time. Again, such inspections may be scheduled or unscheduled. If the K.I. Sawyer employees collect samples semi-annually, the inspections will be done at that time. A minimum of once per year unscheduled surveillance monitoring will be conducted by the K.I. Sawyer WWTP at significant industrial user facilities. 7.5 Slug Discharge Control Plan The K.I. Sawyer Wastewater Treatment Plant will evaluate whether each significant industrial user needs a plan to control slug discharges at least once every two (2) years. This determination will be based on violations and impact to the POTW. If the K.I. Sawyer WWTP determines that a slug control plan is needed, the plan will contain the following elements.. A Slug Discharge is any Discharge of a nonroutine, episodic nature, including but not limited to and accidental spill or a non-customary batch discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW s regulations, Local Limits or permit conditions. Description of discharge practices, including non-routine batch discharges. Description of stored chemicals. Procedures for immediate reporting of slug discharges to the POTW, including any that would violate a prohibition under 40 CFR (b), and for submittal of a follow-up written report within five (5) days of the event. Procedures to prevent adverse impact from accidental spills, as necessary including: o Proper inspection and maintenance of storage areas. o Handling and transfer of materials. o Loading and unloading operations. o Control of site runoff. 26

27 o o o Proper training for employees. Secondary containment structures. Emergency response plans. 7.6 Confidentiality If a significant industrial user requests, in writing, to keep treatment technology confidential and demonstrates to the satisfaction of the Superintendent, that the release of such information would divulge processes or methods of production entitled to protection as trade secrets, then it may be claimed as confidential and will be kept in a separate file accessible only to the Superintendent. Discharge flow, constituents and characteristics will not be recognized as confidential information. All other discharge information in the possession of the Superintendent will be available to the public without restriction. Non-confidential significant industrial user information on file with the Superintendent may be obtained by interested parties, including members of the public and government agencies, by submitting a written request to the Superintendent and arranging a time and place for reviewing and copying available documents. The cost of copying will be the responsibility of each such interested party. If information classified as Confidential by the Superintendent is requested by the United States Environmental Protection Agency or the Michigan Department of Environmental Quality for purposes related to Federal or State pretreatment programs, the Superintendent will refer such requests to the significant industrial user that furnished the information in question. 7.7 Noncompliance The County of Marquette will reference the Industrial Pretreatment Program Enforcement Response Guide, Appendix Q. The Enforcement Response Guide outlines steps to be taken in response to a noncompliance event. SECTION 8. GENERAL NOTIFICATIONS Under the County of Marquette's Sewer Use Ordinance, non-domestic users are required under certain circumstances to notify the Superintendent and/or appropriate regulatory agencies in regards to their discharge to the sanitary sewer. The circumstances that require general notification include: Changed discharge or change in user status. Non-transfer clause Hazardous waste discharge to sanitary sewer. Discharges potentially causing POTW interference, pass-through or slug loadings. Upset or unanticipated bypass. User violation of pretreatment standards. Installation of new pretreatment facilities. Each of these notification requirements is discussed in detail below. 8.1 Changed Discharge or User Status 27

28 All industrial users shall promptly notify the Superintendent of any substantial change in the volume or characteristics of their discharge. A substantial change in sewer use includes: Discharge of any amount of a pollutant not identified in user's permit application or in the permit issued. Increased concentration of any pollutant in the discharge which exceeds 5% of the concentration reported in the Baseline Monitoring Report. Increased discharge volume which exceeds 20% of the volume reported in the Baseline Monitoring Report. Changed discharge which causes the Industrial User to become a Significant Industrial User. If such notification is received by the K.I. Sawyer WWTP, the Superintendent shall require the user to complete an Industrial Waste Permit Form. The Superintendent shall then determine if this substantial change in sewer use will classify as a Significant Industrial User. If the user does receive this reclassification, the WWTP must take appropriate steps to inspect and permit the user, according to IPP procedures contained in section 4 of this manual. 8.2 Non-Transfer Clause Individual wastewater permits are nontransferable without prior notification to the Superintendent of the POTW. Individual wastewater permits may be transferred to a new owner or operator ONLY if the permittee gives at least 30-days-notice to the Superintendent and the Superintendent approves the transfer. The notice must include a written certification by the new owner which: a. States that the new owner / or operator has no immediate intent to change the facilities operations and processes; b. Identifies the specific date on which the transfer is to occur; and c. Acknowledges full responsibility for complying with the existing individual discharge permit. Failure to provide a notice of transfer renders the individual wastewater discharge permit void as of time of transfer. 8.3 Hazardous Waste Discharge Any industrial user which discharges a substance that, if disposed of by any other method, would be classified a hazardous waste, shall notify the Superintendent, the USEPA Region V Waste Management Division Director, and the Chief of the Waste Management Division of MDEQ. 8.4 Discharges Potentially Causing WWTP Interference, Pass-Through or Slug Loadings 28

29 All industrial users shall immediately notify the WWTP of all discharges by the user that could cause problems at the WWTP, including interference, pass-through, and slug loading or discharges that exceed a discharge prohibition or limitation provided by the Sewer Use Ordinance. User shall also resample discharge for pollutant(s) potentially causing problems to the WWTP and submit the analytical data to the Superintendent within 30 days. 8.5 Upset or Unanticipated Bypass All non-domestic users are to notify the Superintendent within 24 hours of becoming aware of an upset or unanticipated bypass. User must submit a written report to the Superintendent within five days of becoming aware of the event. 8.6 User Violation of Pretreatment Standards If sampling performed by an industrial user indicates a violation of a pollutant limitation, the user shall notify the WWTP within 24 hours of becoming aware of the violation. The user shall immediately resample and submit the analytical data to the Superintendent within 30 days. 8.7 Installation of New Pretreatment Facilities Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in Section 3.1 of this ordinance within the time limitations specified by EPA the State, or [the Superintendent], whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User s expense. Detailed plans describing such facilities and operating procedures shall be submitted to [the Superintendent] for review, and shall be acceptable to [the Superintendent] before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the County under the provisions of this ordinance. Within five days of completing installation of new pretreatment facilities, industrial users shall notify the Superintendent in writing of the time and date when it intends to commence operation of the new facilities and identify the person who will conduct any testing which must be performed to establish that discharge will comply with requirements prior to being placed in regular operation. 8.8 Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. 8.9 Severability 29

30 The provisions of this permit are severable. If any provisions of this permit or the application of any provision of this permit in any circumstance is held invalid the application of such provisions to other circumstances, and the remainder of this permit shall not be affected thereby Reapplication If the permittee desires to continue to discharge after the expiration of this permit, it shall reapply on the application forms then in use at least 90 days before this permit expires. Under no circumstances shall the permittee continue to discharge after the expiration of the permit unless authorized by the Superintendent Local Pretreatment Standards No person shall discharge or cause to be discharged any wastewaters containing the following pollutants in excess of the pretreatment standards listed: Local Limits PARAMETER DAILY MAXIMUM (MG/L) Arsenic Cadmium Chromium Copper 1.01 Cyanide, free ND Lead 1.89 Mercury ND Nickel Selenium 0.04 Silver ND Zinc 5.49 BOD 400 mg/l or up to 600 Pounds per day for all industrial flows combined Ammonia Nitrogen 50 mg/l or up to 50 Pounds per day for all industrial flows combined Total Suspended Solids 300 mg/l or up to 445 Pounds per day for all industrial flows combined Total Phosphorus 5 mg/l or up to 4.7 Pounds per day for all industrial flows combined ph s.u. F.O.G

31 The Superintendent may develop Best Management Practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement Local Limits and the requirements of Section 3.1. Local pretreatment standards shall be implemented in conjunction with Federal pretreatment standards. The permittee will meet the most stringent standard for each pollutant. SECTION 9. PRETREATMENT PROGRAM ANNUAL REPORT The National Pretreatment Standards and Requirements state in 40 CFR (i) that POTW's with approved Industrial Pretreatment Programs must complete and submit a yearly report on their pretreatment program activities. MDEQ has accepted and encourages the use of a standard report. A copy of the form is included in Appendix V. MDEQ also indicates that the form will be used in conjunction with MDEQ Pretreatment Compliance Inspection and Audit to evaluate the effectiveness of the County's Pretreatment Program. The annual report is prepared and submitted by the Superintendent. The report summarizes the results of inspections performed throughout the year as well as the compliance status of industrial users. A summary of violations is documented as are the number of enforcement actions initiated and the number of times levied. One of the items to be summarized on the annual report is toxics monitored in the influent, sludge, and effluent, per R (8) (d). A summary sheet for reporting this data is included in the Pretreatment Program Annual Report, included in Appendix F. SECTION 10. ENFORCEMENT RESPONSE PLAN 10.1 Introduction The National Pretreatment Standards and Requirements state in 40 CFR 403.8(f)(5) and R (G) that all publicly owned treatment works (POTWs) shall develop and implement an enforcement response plan as an integral part of their Industrial Pretreatment Program. This plan shall outline procedures for identifying noncompliance, investigation of suspected noncompliance, types of noncompliance, enforcement actions, and mitigation response times. Goals for the enforcement response plan include: Facilitating the enforcement of pretreatment standards and requirements. Expediting reactions to noncompliance. Working with the regulated industries to minimize noncompliance. Providing notice to the regulated community of what it can expect when pretreatment standards or requirements are violated. Identifying the resources required for enforcement Enforcement Response Plan Personnel The Superintendent of the Wastewater Treatment Facility is the Industrial Pretreatment Program coordinator for the County of Marquette, owner of the K.I. Sawyer Wastewater Treatment Plant, and is responsible for administration of the program. The County also provides legal counsel. 31

32 Superintendent. The Superintendent has overall responsibility for the Industrial Pretreatment Program and has direct routine contact with the various users of the sewerage system that discharge non-domestic wastes. The Superintendent provides information regarding regulatory requirements, reviews plans, specifications and operating procedures, drafts permits and permit modifications, inspects facilities, ensures that reports are timely and complete, reviews monitoring data submitted to or collected by the County, and ensures that the IPP database of user information is correct and up-to-date. Types of Enforcement Notification of Violation When the Superintendent finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Superintendent may serve upon that User a written Notice of Violation. Within a time period stipulated in the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Superintendent. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. Consent Orders The Superintendent may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Show Cause Hearing The Superintendent may order a User which has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any Authorized Representative of the User. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User. Compliance Orders When the Superintendent finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or a general permit or order issued hereunder, or 32

33 any other Pretreatment Standard or Requirement, the Superintendent may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User. Cease and Desist Orders When the Superintendent finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User s past violations are likely to recur, the Superintendent may issue an order to the User directing it to cease and desist all such violations and directing the User to: 1. Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User. Emergency Suspensions The Superintendent may immediately suspend a User s discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a User s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User s failure to immediately comply voluntarily with the suspension order, [the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, it s receiving stream, or endangerment to any individuals. The Superintendent may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in this ordinance are initiated against the User. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures 33

34 taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause or termination hearing. Termination of Service. Any user who violates the following conditions is subject to the termination of sewer service: Failure to accurately report discharge characteristics Failure to report significant changes in discharge characteristics Failure to submit timely reports Failure to allow the Wastewater Treatment Plant or its representatives reasonable access to the user s premises for the purpose of inspection, sampling or monitoring Failure to pay fees imposed by the County of Marquette Discharging any substance prohibited by the local sewer use ordinance or discharging a substance in excess of the user s Industrial Pretreatment Program discharge permit limit Any other violation of the local sewer use ordinance, Industrial Pretreatment Program, any County-issued or judicial order or applicable local, state or federal law County's Legal Counsel. Marquette County's Legal counsel provides legal counsel and representation. He/she is knowledgeable of the various statutes, regulations and judicial opinions that are relevant to the Industrial Pretreatment Program. In addition, the civil counsel provides drafting advice regarding the various documents necessary for operation of the Industrial Pretreatment Program, such as notices, permits, and orders. Finally, the civil counsel represents the County of Marquette Wastewater Treatment Plant in judicial proceedings, formal administrative proceedings, and related matters Compliance Monitoring and Determination of Compliance See Section 6, Facility Monitoring and Inspection Plan, Parts 6.4 and 6.6 for information regarding Inventory of Users and Compliance Monitoring. This section addresses sampling by the Wastewater Treatment Plant (WWTP). The WWTP periodically samples discharges to the sewer system from significant industrial users. The routine sampling rate for each significant industrial user will be determined by the Superintendent based on each facility's process, historical performance, and discharge flow, at least annually. Samples will be analyzed at the WWTP laboratory or by a contract laboratory. If a significant industrial user violates its discharge permit, the WWTP shall increase its frequency of sampling for that significant industrial user. The amount and timing of additional sampling shall depend upon the severity of the violation, among other circumstances. Whenever the WWTP samples a significant industrial user, the user shall pay fees for sample collection and analysis, including non-routine sampling in response to a violation. If the appropriate sampling manhole is located on a user's property and the user denies K.I. Sawyer WWTP or its representatives access to this manhole, then the Superintendent shall ask to discuss the situation with the person responsible for overall management of the facility. If the user continues to deny access to the manhole, the WWTP shall collect upstream and downstream samples from the nearest accessible manholes. In addition, the Superintendent shall contact the County of Marquette s Legal 34

35 counsel, who shall confer with the highest accessible manager of the facility. If the user continues to deny access, then the WWTP shall seek an inspection and sampling warrant or other appropriate order, civil penalties, terminate service, or a combination of these as outlined in the Enforcement Response Guide located in Appendix Q Significant Noncompliance Significant noncompliance must be addressed through formal enforcement action. The determination of significant noncompliance shall be as follows. Chronic Violations of Industrial Wastewater Discharge Permits. Chronic violations of the Industrial Pretreatment Program discharge permit limits shall be defined as those in which 66% or more of all wastewater measurements taken during a six-month period equals or exceeds by any magnitude the daily maximum limit or average limit for the same pollutant parameter. Technical Review Criteria Violations of Industrial Wastewater Discharge Permits. Technical Review Criteria violations of the Industrial Pretreatment Program discharge permit limits shall be defined as those in which 33%or more of all wastewater measurements taken for each pollutant parameter during a sixmonth period equal or exceed the product of the daily maximum limit or the average limit multiplied by 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except ph. Violations Causing Interference or Pass-Through. Any other violation of a pretreatment limit, daily or maximum, or longer term average, that the Superintendent believes has caused, alone or in conjunction with other discharges, interference or pass-through, including endangering the public health of the POTW staff or general public shall constitute significant noncompliance. Discharges Causing Eminent Danger to Public Health or the Environment. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the publicly owned treatment works' exercise of its emergency authority under R (a)(vi) to halt or prevent the discharge. Failure to Meet a Compliance Schedule Milestone. Any failure of a significant industrial user to meet a compliance schedule milestone, within 90 days of the scheduled date, shall constitute significant noncompliance. Failure to Report. Any failure of a significant industrial user to submit any required report, within 30 days of its due date, shall constitute significant noncompliance. Failure to Report Noncompliance. significant noncompliance. Any failure to accurately report noncompliance shall constitute Violations Adversely Affecting the Administration of the K.I. Sawyer Industrial Pretreatment Program. Any other violation(s) that the Superintendent determines will adversely affect the operation or implementation of the local Industrial Pretreatment Program shall constitute significant noncompliance. Publication of Names of Users in Significant Noncompliance. The K.I. Sawyer Wastewater Treatment Plant is required to publish a list of the names of users in significant noncompliance under 40 CFR Part 403.8(f) (2)(vii) (1991) and the MDEQ part 23 Rules. The K.I. Sawyer Wastewater Treatment Plant shall 35

36 publish the names of users in significant noncompliance once per period of noncompliance. The list shall be published in the largest daily newspaper published in Marquette, Michigan. Significant noncompliance will be evaluated each quarter on a six-month rolling window for chronic effluent violations and technical review criteria violations, as illustrated in Table 1: Windows for Determination of Significant Noncompliance, below. The same set of discharge data shall not cause a user to be found in significant noncompliance in more than one six-month period. Table 1: Windows for Determination of Significant Noncompliance QUARTER 1st Quarter, January - March 2nd Quarter, April - June 3rd Quarter, July - September 4th Quarter, October - December CHRONIC EFFLUENT & TECHNICAL REVIEW CRITERIA VIOLATIONS October - March January - June April - September July - December WINDOW VIOLATIONS FOR DETERMINING OTHER VIOLATIONS January - March April - June July - September October - December 10.5 Enforcement Response Guide The enforcement response guide shown in Appendix Q is a table that designates several enforcement options for each type or pattern of noncompliance. The intent of the enforcement response guide is to provide direction for appropriate enforcement response and to ensure consistent enforcement for similar violations and circumstances. Factors that will be taken into consideration when determining appropriate enforcement responses include: Good faith of the user. Compliance history of the user. Previous success of enforcement actions against the user. The effect of violations on public health, POTW, or environment. Escalating enforcement response will be used for recurring violations and failure to achieve compliance subsequent to informal or formal enforcement. A recurring violation is defined as one in which the same 36

37 type of violation occurs in consecutive reporting periods, occurs seasonally or any other pattern of noncompliance is shown. The enforcement response guide shown in Appendix Q is not to be construed as a strict set of steps that must be taken in any enforcement action. It is a list of suggested responses for various violations. Enforcement action is always taken at the discretion of the Superintendent with the County's civil counsel. The following is a discussion of each type of enforcement response. Informal Responses. The Wastewater Treatment Plant may respond informally to an isolated problem when the Superintendent does not believe that the user is violating an applicable limit. Informal responses may be in the form of a telephone call, warning letter, or facility visit from the Superintendent and will be tracked by the POTW Superintendent. Notice of Violation. When the Superintendent finds that a user has violated, or continues to violate, any provision of the local sewer use ordinance, Industrial Pretreatment Program, or any applicable pretreatment standard or requirement, the Superintendent may serve upon that user a notice of violation. Within 30 days, of receipt of the notice of violation, an explanation of the violation and a plan for the correction and prevention shall be submitted to the Superintendent by the user. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. The Superintendent is not required to issue a notice of violation before taking any emergency or other enforcement action. Every notice of violation shall: Be delivered by hand or certified mail in the form of a hard copy. Clearly state the nature of the violation. Indicate the date by which the user must respond. Detail the essential elements of the user's response. Describe the additional enforcement actions that the County of Marquette may take. Indicate that any decision set forth in the notice of violation is not a final decision for the purposes of judicial review. A fine may be imposed of not more than one-thousand dollars ($1,000.00) per day, per violation or the maximum allowable under State law. As part of a user's response to a notice of violation, the County may require the user to submit a written remedial action plan and schedule, to meet with the K.I. Sawyer Wastewater staff to discuss a strategy for attaining compliance, or to comply with other actions. Order of Enforcement to Immediately Cease and Desist (OEICD). A written directive from the Supt. to immediately stop the actions leading to a violation. This requires the nondomestic user to take whatever actions necessary to stop the violation. Order of Enforcement to Terminate Services (OE-TERM). A written directive from the Supt. to immediately terminate service to a nondomestic user that has recurring, uncorrected violations. Criminal Investigation (CI). Where knowing or intentional violation, Supt. may request a criminal investigation, leading to imposition of criminal fines. 37

38 (1) Any water meter found to have been tampered with, bypassed, having the capability of being circumvented, or with an illegal cross connection present, shall be presumed conclusively to have been in such condition for six months prior to its discovery by the County. The owner of the premise serviced by a meter which has been bypassed, circumvented or having the capability of being circumvented shall be assessed and charged an amount double the sewer usage of any comparable premises in six months. This charge shall be billed subsequent to discovery of the bypass or circumvention and shall also be recorded as lien against the premises and certified and spread on the tax rolls. For the purposes of this section, a comparable premise in the case of a dwelling house shall be one with equal number of adults and children if said information is available, otherwise the average usage for a similar size dwelling should be used. For other types of premises, a comparable premises shall be a similar establishment, i.e., a church, office, store, etc. Any residence or structure found in violation of this section shall be subject to immediate utility disconnect and shall not be reconnected to the utility supply until all bills, penalties, reconnection charges and deposits have been paid. (2) When the superintendent finds that a user has violated, or continues to violate any provision of the local sewer ordinance, Industrial Pretreatment Program, or any other pretreatment standard or requirement, the superintendent may fine the user in an amount of five hundred dollars ($1,000.00) per day, per violation or the maximum allowable under State law. Administrative Order. An administrative order is an enforcement document that directs users to undertake and/or cease specified activities by defined deadlines. The terms of an administrative order may or may not be negotiated with users. An administrative order is the minimum level of enforcement used to address significant noncompliance. An administrative order may incorporate other types of orders, such as: Consent order Show cause hearing Compliance order Cease and desist order The Superintendent may issue an administrative order which will be drafted by the County of Marquette's civil counsel and will: Be delivered by hand or certified mail (return receipt requested) in the form of a hard copy. Clearly state the reasons for the issuance of the order. Describe the administrative processes that are available to review the County's determination. Civil Penalties. A Civil Penalty is a punitive monetary charge assessed by the control authority, in this case, the County of Marquette. The purpose of the fine is to remove any economic benefit of noncompliance, deter future violations, prevent civil or criminal court proceedings and illustrate the seriousness of the problem to the user. The fine may be up to one-thousand dollars ($1,000.00) per violation, per day, or the maximum allowable under State law. When the superintendent finds that a user has violated, or continues to violate any provision of the local sewer ordinance, Industrial Pretreatment Program, or any other pretreatment standard or requirement, the superintendent may fine the user in an amount of one-thousand dollars ($1,000.00) per day, per violation or the maximum allowable under State law. 38

39 The Superintendent may recover reasonable attorneys fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the County. An Administrative Penalty shall be used in cases where lesser types of enforcement responses have failed or when deemed appropriate by the superintendent because of the nature and/or intent of the violation. An administrative penalty may be issued as part of an administrative order, enforcement compliance schedule or may be instituted as the next step above an administrative order. The next response step will be civil action or criminal investigation. Termination of Service. Any user who violates the following conditions is subject to the termination of sewer service: Failure to accurately report discharge characteristics: Failure to report significant changes in discharge characteristics Failure to submit timely reports Failure to allow the Wastewater Treatment Plant or its representatives reasonable access to the user s premises for the purpose of inspection, sampling or monitoring Failure to pay fees imposed by the County of Marquette Discharging any substance prohibited by the local sewer use ordinance or discharging a substance in excess of the user s Industrial Pretreatment Program discharge permit limit Any other violation of the local sewer use ordinance, Industrial Pretreatment Program, any County-issued or judicial order or applicable local, state or federal law Following a termination of service order, the facility must provide the Wastewater Treatment Plant with a waste-tracking form for any hauled waste if the facility continues to operate. This form shall include the: Waste hauler s name, address, permit number and truck identification Volume and known or suspected constituents of the waste Civil Action. The County of Marquette, as owners of K.I. Sawyer s Wastewater Treatment Plant, may initiate civil court proceedings in response to violations of any of the following regulations: Local sewer use ordinance Local Industrial Pretreatment Program Any other applicable local, state or federal law Notice of violation or administrative order issued by the superintendent The superintendent may seek injunctive relief in the form of a judicial order, to halt or prevent any discharge that would be a public nuisance, would endanger public health, welfare of the environment, or would interfere with the operation of the sewerage system or POTW. If the superintendent has been denied access to a building, structure or property or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of the local sewer use ordinance or that there is a need to inspect and/or sample as part of K.I. Sawyer s Industrial Pretreatment Program, inspection and/or sampling is necessary to protect the public health, safety and welfare of the community, the superintendent may seek a search warrant. It the superintendent suspects that the user 39

40 is discharging pollutants that my imminently endanger public health, the environment or the structures or employees of the Wastewater Treatment Plant, then the superintendent will immediately summon law enforcement officials to facilitate entry. In any civil action, the K. I. Sawyer Wastewater Treatment Plant shall seek to recover the costs incurred by the K.I. Sawyer Wastewater Treatment Plant related to the violation and any subsequent enforcement action. Users are subject to a variety of environmental laws, which may be enforced by the State of Michigan, the United States, or by a private citizen or organization using citizen suit provisions. If the K.I. Sawyer Wastewater Treatment Plant determines that an enforcement action by one of these entities has the potential to affect the volume or characteristics of a user s discharge to the sewerage system, then the County of Marquette may seek to intervene to assist in the prosecution or to ensure that any consent decree or order protects the County interests. The County may also participate in a case against a user as a friend of the court for purposes of commenting upon injunctive relief or a monetary judgment. When the County of Marquette has decided to commence civil litigation, the County shall notify the public of its impending action. The County shall issue a general announcement of the action, including a summary of the circumstances and directions for obtaining further information. At the conclusion of the case, the County shall announce the results. Documents related to the litigation that are not subject to a privilege recognized under law shall be public records, available for public review and copying according to the public records laws of the State of Michigan. Criminal Prosecution. If any person willfully or negligently violates any pretreatment standard of requirement, including but not limited to the local sewer use ordinance and Industrial Pretreatment Program, or knowingly makes a false statement or certification in any application, record, report or other document or knowingly falsifies, tampers with, or renders inaccurate any monitoring device or analytical method, then that person may be punished under the criminal laws of the State of Michigan or the United States. If the County s Civil Counsel, after consultation with the superintendent, determines that criminal prosecution is appropriate in a particular case, then the Civil Counsel shall refer the case to the proper authorities. (3) The Superintendent may recover reasonable attorneys fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the County. Users Not Routinely Monitored or Permitted. The activities of the Industrial Pretreatment Program generally focus on significant industrial users. However, the K.I. Sawyer Wastewater Treatment Plant recognizes that other users have the potential to discharge materials that may cause problems in the sewerage system, POTW and the environment. K.I. Sawyer Wastewater Treatment Plant sometimes receives letters and telephone calls that describe activities that the informant perceives as potentially harmful. The superintendent s response to these tips will be case-specific. Critical factors determining response include the volume of material discharged, potential harm and whether the discharge is or may be repetitious. A common response will be to visit the site to investigate. If the superintendent suspects that violation of the local sewer use ordinance has occurred, then the superintendent will educate the user about 40

41 applicable rules and proper disposal methods. If there is potential for harm, then the superintendent may undertake monitoring, surveillance and possibly, civil action. To address widespread, generic problems, the Wastewater Treatment Plant will from time to time participate in educational programs, distribute literature and make public service announcements. Complaints will be referred to Michigan Department of Environmental Quality if it is found that a party is discharging directly to a water of the State. The K.I. Sawyer WWTP will also notify Michigan Department of Environmental Quality (MDEQ) within twenty-four hours of having knowledge of any unauthorized discharge to a water of the State via the storm sewer. Timeline for Enforcement Responses. All violations will be identified and documented within five (5) working days of receiving compliance information. The POTW shall provide, to the nondomestic customer, within 10 days after the results are available, the results of any sampling it performs for the nondomestic customer that show a violation of any pretreatment standard per State Rule R (6)(a) and (7). Initial enforcement responses, involving contact with the industrial customer and requesting information on corrective action or preventive actions informal or formal, will occur within 10 days of identifying a violation. Follow up or escalated actions for continuing or recurring violations will be taken with-in 90 days of the initial enforcement response, or within 60 days of the of the Superintendents later determination that a continuing or recurring violation was not properly abated. For all continuing violations, the repose will include a compliance schedule. Violations that threaten health, property or environmental quality are considered emergencies and will receive immediate response upon notification. Immediate responses include contacting the Local Police if evacuation is necessary (in the case of Gas spills or similar spills. Contact the local MDEQ Office or the MDEQ PEAS system termination of sewer service and stoppage of discharge. 41

42 APPENDIX A CHAPTER 2000 SANITARY SEWER USE ORDINANCE 0

43 CHAPTER 1000 SANITARY SEWER USE ORDINANCE Definitions Use of Public Sewers Required Private Sewage Disposal Building Sewers and Connections Use of Public Sewers Damaging Sewerage Works Authority of Inspectors Discharge to Sanitary Sewers Annual Charge and Insurance Authority to Operate a Wastewater Utility Rates and Charges Levels of Rates Operating Year Connections to the System Requirement for Connecting of Private Sanitary Sewer Violations; Notice to Correct Penalty Industrial Wastewater Treatment Program (flow 5 MGD) Local Limits National Categorical Pretreatment Standards Best Management Practices County s Right of Revision Dilution Pretreatment of Wastewater Hauled Wastewater Bypass 24 CROSS REFERENCES Sewers and sewer systems generally see Mich. Const. Art. 7, 24; M.C.L.A et seq; Rule through of Michigan Administrative Code (part 23 Rules) and the approved Michigan Industrial Pretreatment Program 1

44 DEFINITIONS As used in this chapter, unless the context specifically indicates otherwise; (1) Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. (2) "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius. (3) "Building drain" means 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 a building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. (4) "Building sewer" means the extension from the building drain to the public sewer or other places of disposal. (5) "Clean Water Act" means the Federal Water Pollution Control Act of 1972 (Public Law ), as amended. (6) "Combined sewer" means a sewer receiving both surface runoff and sewage. (7) "Compatible pollutant" means a substance amenable to treatment in the wastewater treatment plant, such as biochemical oxygen demand, suspended solids, ph and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of such additional pollutants may include: chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds, fats, oils and greases of animal or vegetable origin. (8) "Debt service charge" means charges levied to customers of the wastewater system, which charges are used to pay principal, interest and administrative costs of retiring the debt incurred for construction of the wastewater system. The debt service charge shall be in addition to the user charge specified above. (9) "Federal grant" means a grant in aid in construction of wastewater treatment works provided under PL (10) "Garbage" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. (11) "Incompatible pollutants" means any pollutant which is not a compatible pollutant. 2

45 (12) "Industrial waste" means wastewater discharges from industrial, manufacturing, trade or business processes, as distinct from their employees' domestic wastes or wastes from sanitary conveniences. a. IPP means the Industrial Wastewater Pretreatment Program that enables the treatment plant to detect violations and enforcement of federal, state, and local standards for the nondomestic industrial users of the sanitary sewers. (13) "Local agency" means Marquette County or its designated official or department. (14) Local Limits are wastewater limitations that apply to commercial and industrial facilities that discharge to a Publicly Owned Treatment Works (POTW). (15) "May" is permissive. (16) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface ground water. (17) New source" means any building, structure, facility, or installation from which there is or may be a discharge and for which construction commenced after the publication of proposed pretreatment standards under section R (r) of the clean water act will be applicable to the source if the standards are thereafter promulgated in accordance with section R (r), and if any of the following provisions apply: (A) The building, structure, facility, or installation is constructed at a site at which no other source is located. (B) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source. (C) The production of wastewater-generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. The extent to which the new facility is engaged in the same general type of activity as the existing source and the extent of integration of the new facility with the existing plant should be considered in determining whether the process is substantially independent. (D) Construction on a site at which an Existing Source is located results 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 R (r) (ii) or (iii) but otherwise alters, replaces, or adds to existing process or production equipment. (E) Construction of a New Source as defined under R (r) has commenced if the owner or operator has: 1. Begun or caused to begin, as a part of a continuous onsite construction program. 3

46 a. any placement, assembly, or installation of facilities or equipment; or b. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, 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 paragraph. (19) "Normal domestic wastes" means wastewaters from segregated domestic and/or sanitary conveniences, as distinct from wastes from industrial processes, which domestic wastes do not exceed a BOD strength of 250 milligrams per liter or a suspended solids strength of 300 milligrams per liter. (20) "NPDES permit" means a permit issued pursuant to the National Pollutant Discharge Elimination System prescribed in PL (21) "Operation and Maintenance" means all work, materials, equipment, utilities and other effort required to operate and maintain the wastewater transportation and treatment system consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES permit and other applicable State and Federal regulations, and includes the cost of replacement. (22) "Person" means any individual, firm, company, association, society, group or corporation. (23) "PL " means the Federal Water Pollution Control Act of 1972, being Public Law of the ninety-second Congress and adopted on October 18, 1972, as amended (33 USC sec et. seq.) (24) "Properly shredded garbage" means wastes from the preparation, cooking or dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. (25) "Public sewer" means a sewer in which all owners of abutting properties have equal rights and which is controlled by the local agency. (26) "Sanitary sewer" means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. (27) "Sewer" means a pipe or conduit for carrying sewage. (28) "Sewer service charge" means the sum applicable of the user charge, surcharges, and industrial cost recovery and debt service charges. 4

47 (29) "Shall" is mandatory. (30) "Storm drain" and "storm sewer" mean a sewer which carries storm and surface waters and drainage, but which excludes sewage and polluted industrial wastes. (31) "Suspended solids" means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and that are removable by laboratory filtering. (32) "System" means the complete County sanitary sewage system, including all mains, pumps, lift stations and collection and disposal facilities, including all appurtenances thereto and including all extensions and improvements thereto, which may hereafter be acquired. (33) "User charge" means a charge levied on users of a treatment works for the cost of operation and maintenance of sewage works, pursuant to Section 204b of PL , as amended, and includes the cost of replacement. (34) "User class" means the kind of user connected to sanitary sewers, including, but not limited to, residential, industrial, commercial. (A) Residential User. Individual homes or dwelling units (including mobile homes, apartments, condominiums, or multi-family dwellings), or other structures, that discharge only segregated domestic wastes or wastes from sanitary conveniences. (B) Industrial/Commercial User. Any user that is not considered a domestic user defined above. (C) Significant Industrial User (SIU). Any industrial user that: 1. Is subject to federal categorical pretreatment standards. 2. Has an average daily discharge of more than 25,000 gallons. 3. Provides more than 5% of the POTW organic or hydraulic dry weather loading. 4. May have an adverse effect on the POTW. (35) "Wastewater" means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground waters as may be present. (36) "Wastewater plant" means any arrangement of devices and structures used for treating wastewater. (37) "Wastewater works" means all facilities for collecting, pumping, treating and disposing of wastewater. (38) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. 5

48 USE OF PUBLIC SEWERS REQUIRED (1) No person shall discharge to any natural outlet any sanitary sewage, industrial wastes or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (2) Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (3) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the local agency and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary sewer, is hereby required at his or her expense to install suitable sewage facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety days after the date of official notice to do so PRIVATE SEWAGE DISPOSAL (1) Where a public sanitary sewer is not available under the provisions of Section , the building sewer shall be connected to a private sewage disposal system that complies with County Health Department regulations. (2) At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section , direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned for sanitary use, filled with suitable material and sealed. (3) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the local agency BUILDING SEWERS AND CONNECTIONS (1) No unauthorized person shall uncover, make any connections with or openings into, alter or disturb any public sewer or appurtenance thereof without first obtaining written permission from the County. No building sewer shall be covered until after it has been inspected and approved by the wastewater superintendent or their designee. The cost of the application and permit shall be listed in the fee schedule. (2) All costs and expense incident to the installation and connection of the building sewer to the public sewer connection shall be borne by the owner. (3) A separate and independent building sewer shall be provided for every building. (4) Old building sewers may be used in connection with the new buildings only when they are found on examination to meet all requirements of this chapter. 6

49 (5) A newly constructed building sewer shall be Schedule 40 PVC, cast iron, vitrified clay sewer pipe or asbestos cement pipe. Joints shall be tight and waterproof. Materials and joints shall be as approved by the local agency. Any part of the building sewer that is located within ten feet of a water service pipe shall be constructed of cast iron. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle. Transitions or connections will be constructed only with fabricated connection fittings approved by the County. (6) The size and slope of the building sewer shall be subject to the approval of the local agency, but in no event shall the diameter be less than six inches. The slope of such six-inch pipe shall not be less than one-eighth inch per foot, unless otherwise permitted. (7) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in a straight line. (8) In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by a pumping system approved by the local agency and discharged to the building sewer. (9) No sewer connection will be permitted unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for treatment of BOD and suspended solids USE OF PUBLIC SEWERS (1) No person shall discharge or cause to be discharged any storm water, surface water, ground water, water from footing drains, or roof water, to any sanitary sewer or sewer connection except as otherwise provided in this chapter. (2) Storm water, ground water, water from footing drains and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet, except as otherwise provided in this chapter. Industrial cooling water or unpolluted process waters may be discharged, upon application and approval of the local agency and the appropriate State agency, to a storm sewer or natural outlet. (3) Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: Prohibited Discharge Standards General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements. 7

50 Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater. A. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR B. Wastewater having a ph less than 6.5, or more than 10, or otherwise causing corrosive structural damage to the POTW or equipment. C. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference. D. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. E. Wastewater having a temperature greater than 80 degrees Fahrenheit, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius). F. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. G. Pollutants which result in the presence of toxic gases, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. H. Trucked or hauled pollutants, except at discharge points designated by the Superintendent of K.I. Sawyer Wastewater Treatment Plant, in accordance with Section 4.3 of the industrial pretreatment program. I. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. J. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating K.I. Sawyer Wastewater Treatment Plant's NPDES permit. K. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State of Federal regulations. 8

51 L. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent. M. Sludges, screenings, or other residues from the pretreatment of industrial wastes, N. Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit. O. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. P. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW. Q. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l. R. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (4) Grease, oil and sand interceptors shall be provided when liquid wastes contain grease in excessive amounts, or other harmful ingredients, except that such interceptors shall not be required for single- family or multiple- family dwelling units. All interceptors shall be of a type and capacity approved by the local agency and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted into place, shall be gastight and watertight. (5) Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times. (6) The admission into the public sewers of any waters or wastes containing more than 400 mg/l of BOD or 300 mg/l of suspended solids, or 2 or more pounds of ammonia, or containing any quantity of substances having the characteristics described in subsection (3) hereof, having an average daily flow greater than two percent of the average daily flow of the local agency, shall be subject to review and approval of the local agency. Preliminary treatment shall be provided at no expense to the local agency as may be necessary to reduce the BOD to 400 mg/l and suspended solids to 300 mg/l, or to reduce objectionable characteristics for constituents to within the maximum limits provided for in subsection (3) hereof, or to control the quantity and rates of discharges of such waters or wastes. A person may be required to remove, exclude or require pretreatment of any industrial waste in whole or in part for any reasons deemed to be in the interest of the local agency. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained in satisfactory and effective operation by the owner at his or her expense. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval, and no construction of any facility shall be commenced until said approvals are obtained in writing. The local agency may elect to 9

52 treat industrial wastes, discharged in excess of normal domestic concentrations, on a basis prescribed by written agreement and for an established surcharge to cover the added cost. (7) The owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the local agency. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times. (8) All measurements, tests and analyses of the characteristics of waters and wastes to which references are made shall be determined in accordance with Standard Methods for Examination of Water and Wastewater and Guidelines Establishing Test Procedure for the Analysis of Pollutants, Federal Regulation 40 CFR Part 136, published in the Federal Register on October 16, 1973, as amended, and shall be determined at the control manhole provided for in subsection (7) hereof, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. (9) No statement contained in this section shall be construed as preventing any special agreement between the local agency and any industrial concern whereby an industrial waste of unusual strength or character may be accepted, subject to payment therefor by the industrial concern, provided that such agreement shall not violate NPDES requirements and provided that user charges, surcharges and industrial cost recovery payments as provided in this chapter are agreed to in the agreement DAMAGING SEWERAGE WORKS No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any sewerage works AUTHORITY OF INSPECTORS Duly authorized employees or representatives of the Sawyer Water and Wastewater Department, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter DISCHARGE TO SANITARY SEWERS (1) Any industry or structure discharging process flow to the sanitary sewer, shall comply with the provisions of subsection (2) hereof. 10

53 (2) The local agency may require each person who applies for or receives sewer service, or who, through the nature of the enterprise, creates a potential environmental problem, to do the following: (A) File a written statement setting forth the nature of the enterprise, the source and amount of water used, the amount of water to be discharged and the present or expected bacterial, physical, chemical, radioactive, or other pertinent characteristics of the wastes. (B) Provide a plan map of the building, works or complex, with each outfall to surface waters, a sanitary sewer, a storm sewer, a natural watercourse or ground waters noted and described and the waste stream identified. (C) Make sample tests and file reports with the local agency and appropriate State agencies on appropriate characteristics of wastes on a schedule, at locations, and according to methods, approved by the local agency. (D) Place waste treatment facilities, process facilities, waste streams or other potential waste problems under the specific supervision and control of persons who have been certified by an appropriate State agency as properly qualified to supervise such facilities. (E) Provide a report on raw materials entering the process or support systems, intermediate materials, final products and waste by-products, as those factors may affect waste control. (F) Maintain records and file reports on the final disposal of specific liquid, solid, sludge, oil, radioactive material, solvent, or other wastes. (G) Give written notification to the local agency if any industrial process is to be altered to include a process waste or potential waste, which shall then be subject to the approval of the local agency ANNUAL CHARGE AND INSURANCE (1) There shall be an annual review of the sewer charge system to determine whether or not it is sufficient to meet expected expenditures for the following year. (2) The local agency will maintain and carry insurance on all physical properties of the system, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All monies received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed AUTHORITY TO OPERATE A WASTEWATER UTILITY It is hereby determined to be desirable and necessary for the public health, safety and welfare of the County that its sanitary sewerage system be operated on a public utility rate basis in accordance with the provisions of the Revenue Bond Act of 1933 of Act 94 of the Public Acts of 1933, as amended. 11

54 RATES AND CHARGES (1) Billing. Bills will be rendered monthly, payable without penalty if paid by the 3 rd of the month unless specified differently on the invoice. Payment received after such period shall be considered delinquent and bear a penalty as identified on the fee schedule. (2) Enforcement. a. Charges for sewerage service shall constitute a lien on the property or premises served, and liens for delinquent charges may be recorded against the property with the County Register of Deeds office. If payment is not made within six months of the beginning of the delinquency, the same shall be certified to the Marquette County Board of Commissioners at a September meeting of the County Board of Commissioners and the accounts so certified and approved by County Board of Commissioners shall be spread upon the December tax roll for collection. This procedure shall not apply if a lease has been legally executed, containing a provision that the lessor shall not be liable for payment of water or sewage bills accruing subsequent to the filing of the written notice and a copy of the signed lease provided by this section. A written notice with respect to the execution of a lease containing this provision shall be filed with the board, commission or other official in charge of the water works system or the sewerage system, or both, and twenty days-notice shall be given by the lessor of any cancellation, change in or termination of the lease. The written notice shall contain a notation of the expiration date of the lease. b. The County shall have the right to shut off sewer service to any premises for which charges for sewer service are delinquent. Once the account is delinquent, the County shall mail a notice of delinquency and disconnection, to the consumer and to the owner of the premises, as indicated on the account application, if different from the consumer. The notice shall indicate that the account is delinquent and that services shall be terminated unless the account is paid in full as specified on the notice of delinquency. Before the service is again turned on after such discontinuance, a re-connection fee established from time to time by the Marquette County Board of Commissioners shall be paid, and provision shall be made to pay the delinquent account. Such charges and penalties may be recovered by the County by court action. (3) Account Applications and Deposits. No connection or provision of sewer shall be made until an applicant therefor shall complete and sign an application form, which shall include an agreement that all charges for services shall be promptly paid when billed. The application shall contain the name and address of both the consumer of the service and the owner of the premises to be connected, and such other information as the County shall require. In addition to completing an application, the consumer shall make an account deposit 12

55 as determined established in the fee schedule. The County may require an increase in the initial deposit if the account holder develops a record of delinquent payments after the account has been opened. A new utility account shall not be opened, nor shall any utility services be provided to a person or other legal entity until all prior unpaid utility charges, interest, penalties, and collection fees owed to the County by that person or legal entity have been paid in full. The account application shall also state that the applicant consents to allow access to County meters at reasonable times by County employees for inspection, maintenance, reading and calibration. (4) Charges. All nondomestic Industrial Users will be charged an equitable fee incurred in the issuance of wastewater discharge permits; providing monitoring, compliance, and enforcement activities, establishing administrative review procedures, sample collection, and sample testing for compliance monitoring LEVELS OF RATES The rates referenced by this chapter are estimated to be sufficient to provide for the payment of the expenses of administration and operation of the system and such expenses of maintenance of the system as are necessary to preserve the same in good repair and working order, and to provide for such other expenditures and funds for said system as this chapter may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts OPERATING YEAR The system shall be operated on the basis of an operating year commencing on the first of January and ending on the last day of December CONNECTIONS TO THE SYSTEM (1) All premises to which services of the system shall be available shall connect to the system within ninety days after the mailing of a notice to such premises by the County indicating that such services are available and requiring that such connection be made. All premises shall be charged a connection fee, as identified in the fee schedule. Said charge shall be payable before connection. (2) Where a sewer is constructed by a landowner, said landowner shall pay the cost of construction. Construction shall not be commenced until all required permits are obtained and all connection charges are paid to the County. (3) The County will be responsible for the operation and maintenance of all sewer mains. All lateral connections to the County sewer main or any subsequent problems arising in those laterals will be the responsibility of the property owner. 13

56 REQUIREMENT FOR CONNECTING OF PRIVATE SANITARY SEWER Before any sanitary sewer system constructed by private, as distinguished from public funding, hereinafter referred to as the private sewer, shall be permitted to connect to the system, the owner of said system, hereinafter referred to as the developer, shall do and provide the municipality with the following: (1) Provide the County with the developer s plans and specifications for construction, an estimate of the cost of construction, and a performance bond and deposit with the county the estimated cost of review of construction plans covering the cost of hiring a registered professional engineer to review plans and specifications, which monies shall be placed by the County in an escrow account in the name of said developer. (2) Obtain approval of the County of the plans and specifications. (3) Secure all necessary permits for construction. (4) Upon commencement of construction of the private sanitary sewer, deposit with the County in the escrow account referred to in division (1) of this section a sum of not less than 10% of the cost of construction of the wastewater system improvements to cover the anticipated cost of inspection of construction and payment of connection charges. (5) Upon completion of connection of the private sanitary sewer to the system, the performance bond, upon recommendation of the Water and Wastewater Superintendent, shall be released and any monies remaining in the developer s escrow account shall be returned to the developer. Any additional expenses incurred by the County in assuring the County that the private sanitary sewer is properly operating shall be deducted therefrom or charged directly to the developer, at the option of the County. An accounting of expenditures shall be made to the developer by the County. (6) Thereafter, any accepted privately constructed main collector sewer system within a publicly dedicated right-of-way, shall become a public sewer VIOLATIONS; NOTICE TO CORRECT (1) Any person found to be violating any provision of this chapter, shall be served by the local agency with written notice stating the nature of the violation and providing a reasonable time limit (but not exceeding 30 days in receipt of a notice) for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (2) In addition to the penalty provided in Section , any person violating any of the provisions of this chapter shall become liable to the local agency for any expense, loss or damage occasioned by reason of such violation. (3) Nothing in this chapter shall limit the authority of the Water and Wastewater Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. 14

57 (4) Significant non-compliance shall subject a permittee to enforcement actions and penalties as provided in the General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR 403), the K.I. Sawyer Sewer Use Ordinance and the K.I. Sawyer Industrial Pretreatment Program Ordinance. Significant noncompliance is defined in 40 CFR 403 and the K.I. Sawyer Sewer Use Ordinance as: 1. Chronic Violations: Chronic violations of the Industrial Pretreatment Program discharge permit limits shall be defined as those in which 66% or more of all wastewater measurements taken during a six-month period equals or exceeds by any magnitude the daily maximum limit or average limit for the same pollutant parameter. 2. Technical Review Criteria (TRC) Violations: Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of the daily maximum limit or the average limit. 3. Interference or Pass-Through: Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of K.I. Sawyer Wastewater Treatment Facility personnel or the general public); 4. Imminent Danger to Human Health, K.I. Sawyer Wastewater Treatment Facility or Its Employees, or the Environment: Any discharge of a pollutant that has caused imminent danger to human health, the K.I. Sawyer Wastewater Treatment Facility and its employees or the environment or has resulted in the Superintendent s exercise of his or her emergency authority to halt or prevent such a discharge; 5. Failure to Meet a Compliance Schedule Milestone: Failure to meet, within 30 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; 6. Failure to Report: Failure to submit required reports by the due dates; 7. Failure to Report Non-Compliance: Failure to accurately report non-compliance; 8. Other Violations: Any other violation or group of violations which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program PENALTY (1) Any water meter found to have been tampered with, bypassed, having the capability of being circumvented, or with an illegal cross connection present, shall be presumed conclusively to have 15

58 been in such condition for six months prior to its discovery by the County. The owner of the premise serviced by a meter which has been bypassed, circumvented or having the capability of being circumvented shall be assessed and charged an amount double the sewer usage of any comparable premises in six months. This charge shall be billed subsequent to discovery of the bypass or circumvention and shall also be recorded as lien against the premises and certified and spread on the tax rolls. For the purposes of this section, a comparable premise in the case of a dwelling house shall be one with equal number of adults and children if said information is available, otherwise the average usage for a similar size dwelling should be used. For other types of premises, a comparable premises shall be a similar establishment, i.e., a church, office, store, etc. Any residence or structure found in violation of this section shall be subject to immediate utility disconnect and shall not be reconnected to the utility supply until all bills, penalties, reconnection charges and deposits have been paid. (2) When the superintendent finds that a user has violated, or continues to violate any provision of the local sewer ordinance, Industrial Pretreatment Program, or any other pretreatment standard or requirement, the superintendent may fine the user in an amount of five hundred dollars ($1,000.00) per day, per violation or the maximum allowable under State law. (3) Administrative Order. An administrative order is an enforcement document that directs users to undertake and/or cease specified activities by defined deadlines. The terms of an administrative order may or may not be negotiated with users. An administrative order is the minimum level of enforcement used to address significant noncompliance. An administrative order may incorporate other types of orders, such as: Consent order Show cause hearing Compliance order Cease and desist order The Superintendent may issue an administrative order which will be drafted by the County of Marquette's civil counsel and will: Be delivered by hand or certified mail (return receipt requested) in the form of a hard copy. Clearly state the reasons for the issuance of the order. Describe the administrative processes that are available to review the County's determination. (4) Civil Penalties. A Civil Penalty is a punitive monetary charge assessed by the control authority, in this case, the County of Marquette. The purpose of the fine is to remove any economic benefit of noncompliance, deter future violations, prevent civil or criminal court proceedings and illustrate the seriousness of the problem to the user. The fine may be up to one-thousand dollars ($1,000.00) per violation, per day, or the maximum allowable under State law. When the superintendent finds that a user has violated, or continues to violate any provision of the local sewer ordinance, Industrial Pretreatment Program, or any other pretreatment standard or requirement, the superintendent may fine the user in an amount of one-thousand dollars ($1,000.00) per day, per violation or the maximum allowable under State law. An Administrative Penalty shall be used in cases where lesser types of enforcement responses have failed or when deemed appropriate by the superintendent because of the nature and/or intent of the 16

59 violation. An administrative penalty may be issued as part of an administrative order, enforcement compliance schedule or may be instituted as the next step above an administrative order. The next response step will be civil action or criminal investigation. (5) Termination of Service. Any user who violates the following conditions is subject to the termination of sewer service: Failure to accurately report discharge characteristics: Failure to report significant changes in discharge characteristics Failure to submit timely reports Failure to allow the Wastewater Treatment Plant or its representatives reasonable access to the user s premises for the purpose of inspection, sampling or monitoring Failure to pay fees imposed by the County of Marquette Discharging any substance prohibited by the local sewer use ordinance or discharging a substance in excess of the user s Industrial Pretreatment Program discharge permit limit Any other violation of the local sewer use ordinance, Industrial Pretreatment Program, any County-issued or judicial order or applicable local, state or federal law Following a termination of service order, the facility must provide the Wastewater Treatment Plant with a waste-tracking form for any hauled waste if the facility continues to operate. This form shall include the: Waste hauler s name, address, permit number and truck identification Volume and known or suspected constituents of the waste (6) Civil Action. The County of Marquette, as owners of K.I. Sawyer s Wastewater Treatment Plant, may initiate civil court proceedings in response to violations of any of the following regulations: Local sewer use ordinance Local Industrial Pretreatment Program Any other applicable local, state or federal law Notice of violation or administrative order issued by the superintendent The superintendent may seek injunctive relief in the form of a judicial order, to halt or prevent any discharge that would be a public nuisance, would endanger public health, welfare of the environment, or would interfere with the operation of the sewerage system or POTW. If the superintendent has been denied access to a building, structure or property or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of the local sewer use ordinance or that there is a need to inspect and/or sample as part of K.I. Sawyer s Industrial Pretreatment Program, inspection and/or sampling is necessary to protect the public health, safety and welfare of the community, the superintendent may seek a search warrant. It the superintendent suspects that the user is discharging pollutants that my imminently endanger public health, the environment or the structures or employees of the Wastewater Treatment Plant, then the superintendent will immediately summon law enforcement officials to facilitate entry. 17

60 In any civil action, the K. I. Sawyer Wastewater Treatment Plant shall seek to recover the costs incurred by the K.I. Sawyer Wastewater Treatment Plant related to the violation and any subsequent enforcement action. Users are subject to a variety of environmental laws, which may be enforced by the State of Michigan, the United States, or by a private citizen or organization using citizen suit provisions. If the K.I. Sawyer Wastewater Treatment Plant determines that an enforcement action by one of these entities has the potential to affect the volume or characteristics of a user s discharge to the sewerage system, then the County of Marquette may seek to intervene to assist in the prosecution or to ensure that any consent decree or order protects the County interests. The County may also participate in a case against a user as a friend of the court for purposes of commenting upon injunctive relief or a monetary judgment. When the County of Marquette has decided to commence civil litigation, the County shall notify the public of its impending action. The County shall issue a general announcement of the action, including a summary of the circumstances and directions for obtaining further information. At the conclusion of the case, the County shall announce the results. Documents related to the litigation that are not subject to a privilege recognized under law shall be public records, available for public review and copying according to the public records laws of the State of Michigan. (7) Criminal Prosecution. If any person willfully or negligently violates any pretreatment standard of requirement, including but not limited to the local sewer use ordinance and Industrial Pretreatment Program, or knowingly makes a false statement or certification in any application, record, report or other document or knowingly falsifies, tampers with, or renders inaccurate any monitoring device or analytical method, then that person may be punished under the criminal laws of the State of Michigan or the United States. If the County s Civil Counsel, after consultation with the superintendent, determines that criminal prosecution is appropriate in a particular case, then the Civil Counsel shall refer the case to the proper authorities. (8) The Superintendent may recover reasonable attorneys fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the County INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM (FLOW 5 MGD) The County of Marquette, with the K.I. Sawyer Wastewater Treatment Plant shall develop and implement an Industrial Pretreatment Program (IPP) that enables the treatment plant to detect violations and enforce federal, state, and Local Standards for the protection of the wastewater treatment works, its operations, workers health and safety, and the aquatic environment. The wastewater treatment plant shall carry out the requirements of Rules through of the Michigan Administrative code (Part 23 Rules) as they apply to publicly owned treatment plants. At a minimum, the submittal shall include: (1) The results of a user survey that identifies all nondomestic users of the waste collection system. This submittal shall designate those nondomestic users which meet the definition of a significant industrial user. For nondomestic users the following information shall be included: 18

61 a. the user s name and address which shall include both the local facility address and the main office address, if different; b. the Principal enterprise(s) of the user; the product(s) produced and the raw material(s) processed; the facilities production rate(s); and the Standard Industrial Classification (SIC) code(s); c. the quantity of process wastewater discharged daily and an indication of whether the discharge is intermittent or continuous; d. a description of any pretreatment provided prior to discharge to the waste collection system; and e. a description of the wastewater characteristics in terms of pollutant parameters and concentrations. (2) Documents that will provide the legal authority necessary for the implementation and enforcement of an IPP throughout the service area. The legal authority may be contained in a statute, ordinance, regulations, or agreement in which the K.I. Sawyer Wastewater treatment Plant (County of Marquette) is authorized to enact, enter into, or implement, and which is authorized by the state law. The legal authority shall enable the K.I. Sawyer Wastewater Treatment Plant (County of Marquette) to carry out the activities specified in Rule (a). In addition, the legal authority shall enable the K.I. Sawyer Wastewater Treatment Plant (County of Marquette) to prohibit discharges throughout the service area that: a. cause, in whole or in part, the wastewater treatment plant s failure to comply with any condition of the NPDES discharge permit or the Michigan Act; b. restrict, in whole or in part, the wastewater treatment plant s management of biosolids c. cause, in whole or in part, operational problems at the treatment facility, or in its collection system; d. violate any general or specific prohibitions identified in Rule (1) and (2); e. violate categorical standards identified in Rule ; or f. violate local limits established in accordance with Rule (4) (3) Procedures which describe, in sufficient detail, program commitments that will ensure compliance with the requirements of the Part 23 Rules throughout the service area. At a minimum, the procedures shall enable K.I. Sawyer Wastewater Treatment Plant (County of Marquette) to conduct the activities specified in Rule (c). (4) A detailed description of the permit which will be used by the K.I. Sawyer Wastewater Treatment Plant (County of Marquette) to apply applicable pretreatment standards and 19

62 requirements to nondomestic users throughout the service area. At a minimum, the permit shall contain the conditions specified in Rule (a)(iii). (5) An enforcement response plan as required by Rule (g), which describes, in sufficient detail, program commitments which will enable the enforcement of the IPP throughout the service area. (6) A description of the resources to maintain, at a minimum, the following: An adequate revenue structure for effective implementation of the IPP; Adequate staffing levels for effective implementation of the IPP; and Necessary equipment for effective implementation of the IPP. (7) Local limits designed to prevent types of discharges that are listed as prohibitions in item (2), above. Local limits shall be based on data that is representative of actual conditions demonstrated in a maximum allowable headworks loading analysis Local Limits Local limits are wastewater limitations that apply to commercial and industrial facilities that discharge to a publicly owned treatment works. (POTW). Local limits are developed to meet the pretreatment program objectives and site-specific needs of the local POTW and the receiving stream. Local Limits control the pollutants in the wastewater discharges from commercial and industrial facilities and apply at the end of pipe from the facility. The regulations under Part 23 of the General Rules of MDEQ give the POTW the authority to enforce its local limits. The following local limits were developed specifically for the K.I. Sawyer Wastewater treatment facility: Local Limits PARAMETER DAILY MAXIMUM (MG/L) Arsenic Cadmium Chromium Copper 1.01 Cyanide, free ND Lead 1.89 Mercury ND Nickel

63 Selenium 0.04 Silver ND Zinc 5.49 BOD 400 mg/l or up to 600 Pounds per day for all industrial flows combined Ammonia Nitrogen 50 mg/l or up to 50 Pounds per day for all industrial flows combined Total Suspended Solids 300 mg/l or up to 445 Pounds per day for all industrial flows combined Total Phosphorus 5 mg/l or up to 4.7 Pounds per day for all industrial flows combined ph s.u. F.O.G National Categorical Pretreatment Standards Users must comply with the categorical Pretreatment Standards found at MDEQ R A. When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Superintendent 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 B. Industrial Users. As provided by R (5) Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Superintendent within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any User not notifying the Superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. C. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Superintendent shall impose an alternate limit in accordance with R (7) D. Categorical pretreatment standards shall apply to any user subject to categorical standards, unless an enforceable alternative limit to the corresponding national categorical standards is derived using the methods specified in R , provided that if local limits are more stringent than derived alternative categorical limits, the local limits shall control and provided that the alternative limit will not result in interference or pass through. E. Existing sources with categorical pretreatment standards shall be attained within 3 years of the date of the standard is effective, unless a shorter compliance time is specified in the appropriate subpart of 40 CFR chapter I, subchapter N (1990). Existing sources that become nondomestic users subsequent to the promulgation of an applicable categorical pretreatment standard shall be considered existing nondomestic users except where the source meets the definition of a new source as defined in R (r). 21

64 (1) New source" means any building, structure, facility, or installation from which there is or may be a discharge and for which construction commenced after the publication of proposed pretreatment standards under section R (r) of the clean water act will be applicable to the source if the standards are thereafter promulgated in accordance with section R (r), and if any of the following provisions apply: a. The building, structure, facility, or installation is constructed at a site at which no other source is located. b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source. c. The production of wastewater-generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. The extent to which the new facility is engaged in the same general type of activity as the existing source and the extent of integration of the new facility with the existing plant should be considered in determining whether the process is substantially independent. d. Construction on a site at which an Existing Source is located results 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 R (r) (ii) or ( iii) but otherwise alters, replaces, or adds to existing process or production equipment. e. Construction of a New Source as defined under R (r) has commenced if the owner or operator has: 1. Begun or caused to begin, as a part of a continuous onsite construction program. 2. any placement, assembly, or installation of facilities or equipment; or 3. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or 4. 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 paragraph Best Management Practices (BMPs) The Superintendent may develop Best Management Practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement Local Limits County s Right of Revision 22

65 The County reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this ordinance Dilution No User shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The Superintendent may impose mass limitations on Users who are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass limitations is appropriate Pretreatment of Wastewater Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in Section of this ordinance within the time limitations specified by EPA, the State, or [the Superintendent], whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Superintendent for review, and shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the County under the provisions of this ordinance. Additional Pretreatment Measures. Grease, oil, and sand interceptors shall be provided when, in the opinion of [the Superintendent], they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by [the Superintendent,] shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the User at their expense. Accidental Discharge/Slug Discharge Control Plans. The Superintendent shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control Slug Discharges. The Superintendent may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Superintendent may develop such a plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum, the following: a. Description of discharge practices, including non-routine batch discharges; b. Description of stored chemicals; c. Procedures for immediately notifying the Superintendent of any accidental or Slug Discharge; and d. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. 23

66 Hauled Wastewater Currently, trucked wastewater is accepted by the WWTP using the same IPP guidelines as all other permit holders. Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste shall not violate Section 3 of this ordinance or any other requirements established by County of Marquette or K.I. Sawyer Wastewater Treatment Plant. The Superintendent shall require septic tank waste haulers to obtain wastewater discharge permits. The Superintendent may require haulers of industrial waste to obtain wastewater discharge permits. The Superintendent may require generators of hauled industrial waste to obtain wastewater discharge permits. The Superintendent also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this ordinance. Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes Bypass 1. For the purposes of this Section, a. Bypass means the intentional diversion of wastestreams from any portion of a User s treatment facility. b. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 2. A User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of parts (3) and (4) of this Section. 3. Bypass Notifications 24

67 a. If a User knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent, at least ten (10) days before the date of the bypass, if possible. b. A User shall submit oral notice to [the Superintendent] of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration 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. The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. 4. Bypass. Bypass is prohibited, and the Superintendent may take an enforcement action against a User for a bypass, unless: a. 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 wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up 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 preventive maintenance; and c. The User submitted notices as required under part 3 of this section. d. [The Superintendent] may approve an anticipated bypass, after considering its adverse effects, if [the Superintendent] determines that it will meet the three conditions listed in this Section. 25

68 APPENDIX B MARQUETTE COUNTY K.I. SAWYER WWTP MAHL 26

69 27

70 28

71 29

72 30

73 31

74 32

75 33

76 34

77 APPENDIX C MDEQ PART 23 RULES 35

78 Please see the following website for access to Michigan DEQ Part 23 Rules 36

79 APPENDIX D 40 CFR

80 Please see the following website for access to 40 CFR part

81 APPENDIX E 40 CFR PART

82 Please see the following website for 40 CFR Part

83 APPENDIX F PRETREATMENT PROGRAM ANNUAL REPORT 41

84 Please see the following website for the Michigan IPP Annual Report 42

85 APPENDIX G SIGNIFICANT NON-COMPLIANCE MEMO 43

86 County of Marquette K.I. Sawyer Wastewater Treatment Plant Notice of Significant Noncompliance IN THE MATTER OF: (Company Name and Address) DATE: LEGAL AUTHORITY The following findings are made and notice issued pursuant to the authority vested by the County of Marquette in the K.I. Sawyer Sanitary Sewer Ordinance and Industrial Pretreatment Program. This order is based on findings of violation of the conditions of the Industrial Wastewater Discharge Permit #. FINDINGS 1. Marquette County is charged with construction, maintenance, and control of the K.I. Sawyer Wastewater Treatment Plant and the Sanitary Sewer System. 2. To protect the Sanitary Sewer System and the Wastewater Treatment plant, Marquette County administers an Industrial Pretreatment Program. 3. Under this program, (Company Name) was issued an Industrial Wastewater Discharge Permit #. 4. The Industrial Wastewater Discharge Permit # contained numerical limits of the quality of pollutants, which (Company Name) could discharge and self monitoring requirements. 5. (non compliance findings) NOTICE THEREFORE, BASED ON THE ABOVE FINDINGS, (COMPANY NAME) IS HEREBY NOTIFIED THAT: It is in significant noncompliance with its Industrial Wastewater Discharge Permit # and the County of Marquette, K.I. Sawyer Sanitary Sewer Ordinance. Signed K.I. Sawyer WWTP Industrial Pretreatment Coordinator 44