Municipal Code

CHAPTER 1042 Sewer Use and User Charges

Sewage Disposal System
1042.01 Purpose.
1042.02 Delegation of authority; obligations and authority; application of chapter.
1042.03 Definitions.
1042.04 Abbreviations.
1042.05 Unsanitary deposits; discharge to natural outlets prohibited.
1042.06 Mandatory connection to pressure sewer.
1042.07 Construction permit and inspection charges.
1042.08 Private sewage disposal.
1042.09 Building sewer and connections.
1042.10 General requirements for Oakland County Department of Public Works sewage disposal systems.
1042.11 General waste water disposal regulations.

User Charge System
1042.12 Rates and charges established; revisions; application and basis for charges.
1042.13 Rates and charges.
1042.14 Schedule of unit assignment factors.
1042.15 Financial plan.
1042.16 Construction and costs of subsequently connected properties.
1042.17 Annual audit; review and revision of rates.
1042.18 No free service.
1042.19 Annual notification.
1042.20 Billing for sewer use; late payment charge.
1042.21 Collection of delinquent accounts.

Savings and Penalty
1042.22 Savings.
1042.99 Penalty; equitable remedies.

Appx. C.F.R. cites

CROSS REFERENCES
Water quality - see Mich. Const. Art. 4, §§22, 52; M.C.L.A. 67.38, 323.1 et seq.
Sewers and sewer systems generally - see Mich. Const. Art. 7, §24;
M.C.L.A. 46.171 et seq., 67.34, 123.241 et seq., 323.151 et seq.,
325.201 et seq.
Water supply generally - see Mich. Const. Art. 7, §24; M.C.L.A. 46.171 et seq.,
123.11 et seq., 325.201 et seq., 486.51 et seq., 486.101 et seq.
Waste Water Management District - see S.U. & P.S. Ch. 1040
Engineering design standards - see P. & Z. Ch. 1228
Depth of sewers - see B. & H. 1422.02(BOCA §P 309.5)



SEWAGE DISPOSAL SYSTEM

1042.01 PURPOSE.
(a) It is the purpose of this chapter to protect public health and safety by abating and preventing pollution through the regulation and control of the disposal of sewage and the quantity and quality of wastes admitted to be discharged into the waste water collection and treatment system of the Village of Franklin, the Oakland County Department of Public Works and the City of Detroit.

(b) It is the further purpose of this chapter to enable the Village of Franklin and the governmental authorities with which it has contracted to provide a public sewage disposal system for properties within the Village of Franklin, to comply with the requirements of applicable State and Federal laws, including the Federal Water Pollution Control Act of 1972, as amended; the State of Michigan Act 245 of the Public Acts of 1929, as amended; the Federal District Court Consent Judgment and Settlement Agreement, United States District Court, Eastern District of Michigan, Southern Division, C.A. No. 77 1100; the applicable rules and regulations pertaining to said Acts; and the requirements of applicable National Pollutant Discharge Elimination System permits.

(c) The objectives of this section are:
(1) To prevent the introduction of pollutants into the waste water system which will interfere with the operation of the system or contaminate the resulting sludge, or will pose a hazard to the health or welfare of the people or of employees of the City of Detroit Water and Sewerage Department;
(2) To prevent the introduction of pollutants into the waste water system which will pass inadequately treated through the system into receiving waters, the atmosphere or the environment, or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle or reclaim waste water or sludge from the system in an economical and advantageous manner; and
(4) To provide for the recovery of the costs from users of the waste water collection and treatment system sufficient to administer regulatory activities and meet the costs of the operation, maintenance, improvement or replacement of the system.

(d) This section provides for the regulation of contributors to the Detroit and Village waste water collection and treatment system through the issuance of waste water discharge permits to certain users and through the enforcement of general requirements for all users, authorizes monitoring and enforcement, and authorizes fees and penalties.
(Ord. 179. Passed 8 17 92; Ord. 2001 08. Passed 12 10 01.)

1042.02 DELEGATION OF AUTHORITY; OBLIGATIONS AND AUTHORITY; APPLICATION OF CHAPTER.
(a) The City of Detroit. through the Detroit Water and Sewerage Department, as the State approved Control Authority, is authorized to administer and enforce the provisions of this chapter on behalf of the Village. The Village has executed and hereby ratifies its delegation agreement with the City of Detroit through the Detroit Water and Sewerage Department, which sets forth the terms and conditions of such delegated authority, consistent with this chapter, and shall allow the Detroit Water and Sewerage Department to perform the specific responsibilities of Control Authority pursuant to State and Federal law.

(b) By virtue of the obligations and authority placed upon the Village of Franklin, the County of Oakland, and the City of Detroit by the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, being 33 U.S.C. 1251 et seq.; the Constitution of the State of Michigan; the State of Michigan Act 245 of the Public Acts of 1929, as amended, being M.C.L.A. 323.1 et seq.; M.S.A. 3.521 et seq.; the Charter of the Village of Franklin; the National Pollutant Discharge Elimination System permit for the City of Detroit Publicly-Owned Treatment Works; the Consent Judgment in U.S. EPA v City of Detroit, et al, C.A. No. 77 1100, as amended; the Urban Cooperation Act of 1967, as amended; State of Michigan Act 35 of the Public Acts of 1951, as amended; and existing or future contracts between the Board of Water Commissioners and the Village of Franklin or Oakland County; or by virtue of common law usage of the system, this chapter shall apply to every property and property owner which is a source of sewage which contributes, causes to be contributed, or discharges pollutants or waste water to the Village of Franklin sewage disposal system.
(Ord. 179. Passed 8 17 92; Ord. 2001 08. Passed 12 10 01.)

1042.03 DEFINITIONS.
When used in this chapter, the following terms shall have the meanings given in this section, unless the context specifically indicates a different meaning:
(1) "Act" or "the Act" means the Federal Water Pollution Control Act, P.L. 92 500, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(2) "Approval Authority" means the Michigan Department of Natural Resources or the Environmental Protection Agency.
(3) "Authorized representative of industrial user" means:
A. Responsible corporate officer, where the industrial user submitting the reports required by this division is a corporation, who is either
(a) the president, vice-president, secretary, or treasurer of a corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (b) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) in second quarter 1980 dollars, when authority to execute documents has been assigned or delegated to said manager in accordance with corporate procedures; or
B. A general partner or proprietor where the industrial user submitting the reports required by this division is a partnership or sole proprietorship respectively. (See 56 3 59 1(n))
(4) "Available cyanide" means the quantity of cyanide that consists of cyanide ion (CN) hydrogen cyanide in water (HCNaq), and the cyano complexes of zinc, copper, cadmium, mercury nickel and silver, determined by EPA method OIA 1677, or other method designated as a Standard Method or approved under 40 CFR 136.
(5) "Best Management Practices (BMP)" means programs, practices, procedures or other directed efforts initiated and implemented by the user which can or do lead to the reduction, conservation or minimization of pollutants being introduced into the ecosystem, including but are not limited to the Detroit sewer system. BMPs include, but are not limited to, equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control and may include technical and economic considerations.
(6) "Biochemical oxygen demand (BOD)" means the quality of dissolved oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure five days at twenty degrees Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)) as measured by standard methods.
(7) "Board" means the Board of Water Commissioners of the City of Detroit.
(8) "Bypass" means the intentional diversion of a wastestream from any portion of an industrial user's treatment facility. (See 40 C.F.R. ' 403.17.)
(9) "Building drain" means that part of the lowest horizontal piping of a drainage system which receives discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building's sewer (house sewer). The latter begins five feet outside the inner face of the building wall.

(10) "Building sewer" means the extension from the building drain that connects the building in which the sanitary sewage originates to the public sewer or other place of disposal and conveys the sewage of one building.
(11) "Categorical standards" means the National Categorical Pretreatment Standard or a pretreatment standard as promulgated under authority of the Act, 40 C.F.R. 403.
(12) "Centralized waste treatment (CWT) facility" means any facility that treats any hazardous or nonhazardous industrial waste received from off site by tanker truck, trailer/roll off bins, drums, barges, or any other forms of shipment including (i) a facility that treats industrial waste received exclusively from off site; and (ii) a facility that treats industrial waste generated on site as well as industrial waste received from off site.
(13) "Chemical oxygen demand (COD)" means a measure of the oxygen consuming capacity of inorganic and organic matter present in water or waste water. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specified test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with biochemical oxygen demand. This term is also known as OC and DOC, oxygen consumed and dichromate oxygen consumed, respectively.
(14) "Chlorine demand" means the difference between the amount of chlorine applied and the amount of free chlorine available at the end of the contact time, expressed in milligrams per liter.
(15) "City" means the Village of Franklin.
(16) "Combined sewer" means a sewer receiving both surface runoff and sewage.
(17) "Compatible industrial waste water" means waste water that is produced by an industrial user which has a pollutant strength or characteristics similar to those found in domestic waste water, and which can be efficiently and effectively transported and treated with domestic waste water.
(18) "Compatible pollutant" means pollutants which can be effectively removed by the POTW treatment system to within the acceptable levels for the POTW residuals and the receiving stream.
(19) "Composite sample" means a collection of individual samples which are obtained at regular intervals and collected on a time proportional or flow proportional basis over a specified period and which provides a representative sample of the average stream during the sampling period. A minimum of four aliquot per twenty four hours shall be used where the sample is manually collected. (See 40 C.F.R. 403, Appendix E.)
(20) "Confidential information" means the information which would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.
(21) "Consent judgment" means the judgment issued by Federal District Court on September 14, 1977, U.S. EPA v City of Detroit, et al., C.A. No. 77 1100, as amended.
(22) "Control Authority" means the Detroit Water and Sewerage Department (DWSD), which has been officially designated as such by the State under the provisions of 40 C.F.R. 403.12, or authorized representatives or employees of the DWSD.
(23) "Cooling water" means the non contact water discharged from any use such as air conditioning, cooling or refrigeration, and whose only function is the exchange of heat.
(24) "Council" means the Village Council of the Village of Franklin.
(25) "County" means the County of Oakland, State of Michigan, or its authorized representative, the Detroit Water and Sewerage Department.
(26) "County Agency" means the Oakland County Drain Commissioner or the Oakland County Department of Public Works.
(27) "Critical materials" means the organic and inorganic substances, elements or compounds listed in the register compiled by the Water Resources Commission of the Department of Natural Resources of the State of Michigan.
(28) "Days" means, for purposes of computing a period of time prescribed or allowed by this chapter, consecutive calendar days.
(29) "Debt service charge" means charges levied to customers of the waste water system which are used to pay principal, interest and administrative costs of retiring the debt incurred for construction of the waste water system. The debt service charge is separate and distinct and may be in addition to the user charge specified below.
(30) "Department" means the City of Detroit Water and Sewerage Department, and authorized employees of the Department.
(31) "Direct discharge" means the discharge of treated or unrelated waste water directly into the waters of the State of Michigan.
(32) "Director" means the Director of the Detroit Department of Water and Sewerage or the Director's designee.
(33) "Discharge pipe" means that part of the sewer piping from the grinder pump to the lateral sewer.
(34) "Discharger" means a person who, directly or indirectly, contributes, causes, or permits waste water to be discharged into the POTW.
(35) "Domestic sewage" means waste and waste water from humans or household operations which is discharged to, or otherwise enters, a treatment works.
(36) "Domestic user" means a person who contributes, causes or permits waste water to be discharged into the publicly owned treatment works from a place of domicile for one or more persons, including, but not limited to, single family houses, apartment buildings, condominiums, townhouses and mobile homes. It shall also mean churches, schools and government buildings.
(37) "Downspout" means an exterior drainage pipe for conveying stormwater from an eaves trough or roof drain.
(38) "Dwelling" means any structure designed for year round habitation, including, but not limited to, houses, mobile homes, apartment buildings, condominiums and townhouses.
(39) "Eaves trough" means a drain installed to receive water collecting on the surface of a roof and to discharge it into a downspout or leader. An eaves trough may also be known as a roof drain.
(40) "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other authorized official of said Federal Agency.
(41) "Facility" means a location which contributes, causes or permits waste water to be discharged into the POTW including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable.
(42) "Fats, oil or grease (FOG)" means any hydrocarbons, fatty acids, soaps, fats, waxes, oils and any other nonvolatile material of animal, vegetable or mineral origin that is extractable by solvent in accordance with standard methods.
(43) "Federal grant" means a grant made or to be made for the construction of waste water collection, transportation and/or treatment works provided under the Act, P.L. 92 500, as amended.
(44) "Flow proportional sample" means a composite sample taken with regard to the flow rate of the wastestream.
(45) "Footing drain" means a pipe or conduit which is placed around the perimeter of a building foundation and which intentionally admits ground water.
(46) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It is composed of putrescible organic matter and its natural moisture content.
(47) "General specifications" means the current edition of Standard Material and Construction Requirements of the County of Oakland.
(48) "Grab sample" means an individual sample collected over a period of time not exceeding fifteen minutes, which reasonably reflects the characteristics of the stream at the time of sampling.
(49) "Grant" means U.S. EPA Treatment Works Grant C263393.
(50) "Grinder pump" means a pump designed to accept sewage from a dwelling or combination of dwellings, grind the solids into properly shredded size and pump the resulting effluent into the public pressure sewer system.
(51) "Ground water" means subsurface water occupying the saturation zone, from which wells and springs are fed.
(52) "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
(53) "Incompatible pollutants" means any pollutant which is not a compatible pollutant.
(54) "Indirect discharge" means the discharge or the introduction of pollutants from any non domestic source, regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C. 1317), into the publicly owned treatment works.
(55) "Industrial user" means a person who contributes, causes or permits waste water to be discharged into the publicly owned treatment works, including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable but excludes single-family and multi family residential dwellings with discharges consistent with domestic waste characteristics.
(56) "Industrial waste" means the discharge into the publicly owned treatment works of any liquid, solid or gaseous waste or form of energy, or combination thereof, resulting from any processes of industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.
(57) "Infiltration" means any waters entering the system from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include and is distinguished from inflow.
(58) "Infiltration/inflow" means the total quantity of water from both infiltration and inflow.
(59) "Inflow" means any waters entering the system through such sources as, but not limited to, building downspouts, footing or yard drains, cooling water discharges, seepage lines from springs and swampy areas, and storm drain cross connections.
(60) "Interference" means a discharge by a user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the publicly owned treatment works or its treatment processes or operations, or its sludge processes, use or disposal, and which causes a violation of any requirement of the NPDES permit of the publicly owned treatment works (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal by the publicly owned treatment works in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, being 33 U.S.C. 1345, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act.
(61) "Laboratory determination" means the measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurement, test or analysis of Standard Methods for Examination of Water and Waste Water, a joint publication of the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, or in accordance with any other method prescribed by the rules and regulations promulgated pursuant to Federal or State law.
(62) "Lateral line" means that portion of the sewer system located under the street or within the street right of way from the property line to the trunk line or interceptor and which collects sewage from a particular property for transfer to the trunk line or interceptor.
(63) "Leader" means an exterior drain pipe for conveying storm water from a roof or gutter drain.
(64) "Local" means a prefix denoting jurisdiction by the Village of Franklin.
(65) "Meter vault" means a suitable vault, together with necessary meters, including, where appropriate, an adequate power source and other appurtenances, to facilitate observation, sampling and measurement of waste water and to be constructed in accordance with plans approved by the County's and/or Village's engineering personnel.
(66) "Municipality" means the Village of Franklin.
(67) "National Categorical Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific class or category of industrial users.
(68) "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued to a publicly owned treatment works pursuant to Section 402 of the Act (33 U.S.C. 1342).
(69) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

(70) "New source" means:
A. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of the proposed National Categorical Pretreatment Standards under Section 307(c) of the Act, being 33 U.S.C. 1317(c), which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section; provided, that:
1. The building, structure, facility or installation is constructed at a site where no other source is located; or
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production or waste water generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered; or
B. Construction on a site where an existing source is located resulting in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs A.2. or A.3. of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or
C. Construction of a new source has commenced where the owner or operator has:
1. Begun, or caused to begin as part of a continuous on site construction program:
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 that are necessary for the placement, assembly, or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section.
(71) "Normal domestic strength sewage" or "normal domestic strength waste water" means a sewage or other waste water effluent which shall be a compatible pollutant with BOD of 275 milligrams per liter or less, suspended solids of 350 milligrams per liter or less, total phosphorus of twelve milligrams per liter or less, and fats, oils and greases of 100 milligrams per liter or less.
(72) "Obstruction" means any object of whatever nature which substantially impedes the flow of sewage from the point of origination to the trunk line or interceptor. This shall include, but not be limited to, objects, sewage, tree roots, rocks and debris of any type.
(73) "Operation and maintenance (O&M)" means all work, materials, equipment, utilities and other efforts required to operate and maintain the waste water transportation and treatment system consistent with insuring adequate treatment of waste water to produce an effluent in compliance with the NPDES permit and other applicable State and Federal regulations, and includes the cost of replacement.
(74) "Ordinance" shall refer to an ordinance of the Village of Franklin, unless otherwise noted.
(75) "Owner" means the owners of record of the freehold of the premises or lesser estate therein, a mortgagor or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building.
(76) "Pass through" means the discharge of pollutants through the publicly owned treatment works into navigable waters in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the NPDES permit of the publicly owned treatment works (including an increase in the magnitude or duration of a violation).
(77) "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, unit of government, school district or any other legal representative, agent or assigns, or any combination thereof. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
(78) "pH" means the intensity of the acid or base condition of a solution, calculated by taking the negative base ten logarithm of the hydrogen ion activity. Activity is deemed to be equal to concentration in moles per liter.
(79) "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, or industrial, municipal and agricultural waste which is discharged into water.
(80) "Pollution" means the introduction of any pollutant that, alone or in combination with any other substance, can or does result in the degradation or impairment of the chemical, physical, biological or radiological integrity of water.
(81) "President" means the Village President of the Village of Franklin, or his or her authorized representatives.
(82) "Pretreatment" means the reduction of the amount of pollutants, the removal of pollutants, or the alteration of the nature of pollutant properties in waste water to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the publicly owned treatment works. The reduction, removal or alteration may be attained by physical, chemical or biological processes, or process changes by other means, except as prohibited by Federal, State or local law, rules and regulations.
(83) "Pretreatment requirements" means any substantive or procedural requirements related to pretreatment other than a National Categorical Pretreatment Standard imposed on an industrial user. (See 40 C.F.R. 403.3(r).)
(84) "Pretreatment standards" means all National Categorical Pretreatment Standards, the general prohibitions specified in 40 C.F.R. 403.5(a), the specific prohibitions delineated in 40 C.F.R. 403.5(b), and the local or specific limits developed pursuant to 40 C.F.R. 403.5(c), including the discharge prohibitions specified in Section 1042.05 of this Code.
(85) "Private" means a prefix denoting jurisdiction by a nongovernmental entity.
(86) "Properly shredded garbage" means waste from the preparation, cooking and dispensing of foods, which waste has 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 (1.27 centimeters) in any dimension.
(87) "Public" means a prefix denoting jurisdiction by any governmental subdivision or agency.
(88) "Public sewer" means a sewer of any type controlled by a governmental agency or public utility.
(89) "Publicly owned treatment plant" or "POTW treatment plant" means that portion of the publicly owned treatment works designed to provide treatment to waste water, including recycling and reclamation of waste water.

(90) "Publicly owned treatment works (POTW)" means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the City of Detroit. This definition includes:
A. Any devices and systems used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial waste of a liquid nature;
B. Sewers, pipes and other conveyances only if they convey waste water to a POTW treatment plant; or
C. The municipality, as defined in 33 U.S.C. 1362, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
For the purposes of this chapter, "publicly owned treatment works" or "POTW" shall also include any sewers under the jurisdiction of the Village of Franklin and/or the County of Oakland.
(91) "Quantification level" means the measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calculated at a specified concentration above the detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant.
(92) "Record drawings" means engineering drawings prepared after installations of waste water facilities, which drawings shall include a statement by a registered engineer or surveyor certifying that such drawings are "record drawings" and such drawings shall also include, but not be limited to, length of sewer, invert elevation, locations and depths, sewer material and joints used, and mechanical, electrical and structural details for pump stations, waste water treatment facilities and other appurtenances.
(93) "Replacement" means the replacement in whole or in part of any equipment, appurtenances and accessories in the waste water transportation or treatment systems to insure continuous treatment of waste water in accordance with the NPDES permit and other applicable State and Federal regulations.
(94) "Representative sample" means any sample of waste water, which accurately and precisely represents the actual quality, character, and condition of one or more pollutants in the wastestream being sampled. Representative samples shall be collected and analyzed in accordance with 40 C.F.R. Part 136.
(95) "Sanitary sewer" means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
(96) "Sanitary waste water" means the portion of waste water that is not attributable to industrial activities and is similar to discharges from domestic sources including, but not limited to, discharges from sanitary facilities and discharges incident to the preparation of food for on site non commercial consumption.
(97) "Separate" means a prefix denoting a waste water transmission facility or sewer which is intended to transport sanitary waste water only.
(98) "Service area" means any area whose waste water is received by the Village of Franklin for the transmission for treatment by the City of Detroit DWSD.
(99) "Sewage" or "waste water" means spent water which may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants, institutions or other land uses, including drainage water and ground water inadvertently present in said waste.
(100) "Sewage treatment plant" or "waste water treatment plant" means any arrangement of devices and structures used for treating sewage.
(101) "Sewer" means a pipe or conduit that carries waste water or drainage water.
A. "Building sewer" means, in plumbing, the extension from the building drain to the public sewer or other place of disposal. "Building sewer" is also called house connection.
B. "Combined sewer" means a sewer intending to receive both waste water and storm, surface or drainage water.
C. "Common sewer" means a sewer in which all owners of abutting properties have equal rights.
D. "County sewer" means a public sewer controlled by the County agency.
E. "Intercepting sewer" means a sewer that receives dry weather flow from a number of transverse sewers or outlets in frequently additional predetermined quantities of storm water (if from a combined system) and conducts such waters to a point for treatment or disposal.
F. "Lateral sewer" means a sewer which is designed to receive a building sewer.
G. "Municipal sewer" means a public sewer exclusive of a County sewer or City of Detroit sewer.
H. "Pressure sewer" means a small diameter public sewer line designed to operate under pressure.
I. "Public sewer" means a common sewer controlled by a governmental agency or public utility.
J. "Sanitary sewer" means a sewer that carries liquid and water carried waste from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm, surface and drainage waters that are not admitted intentionally.
K. "Storm sewer" means a sewer that carries storm water and surface water, street wash and other wash waters, or drainage, but excludes domestic waste water and industrial waste water. "Storm sewer" is also called a storm drain.
L. "Trunk sewer" or "trunk line" means a sewer which connects the lateral sewer to the intercepting sewer and to which building sewers may be connected.
(102) "Sewer service charge" means the sum of the applicable user charges, surcharges and debt service charges.
(103) "Shall" is mandatory; "may" is permissive.
(104) "Significant noncompliance" means any violation which meets one or more of the following criteria:
A. Chronic violations of waste water discharge limits, defined as those in which 66% or more of all of the measurements taken during a six month period exceed by any magnitude the daily maximum limit or the average limit for the same parameter;
B. Technical review criteria (TRC) violations, defined as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, Fats, Oil and Grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Department determines has caused, alone or in combination with other discharges, interference or pass through including endangering the health of POTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority;
E. Failure to meet a compliance schedule milestone contained in a local control mechanism, or enforcement order for starting construction, completing construction, or attaining final compliance within ninety days after the scheduled date;
F. Failure to provide required reports such as baseline monitoring reports, ninety day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules within thirty days after the due date;
G. Failure to accurately report noncompliance; or

H. Any other violation or group of violations which the Department determines will adversely affect the operation or implementation of the local pretreatment program.
(105) "Significant user" means any industrial user of the POTW, as defined herein, who has a discharge flow of 25,000 gallons or more per average workday, exclusive of sanitary, boiler blowdown, and noncontact cooling water; has discharges subject to the National Categorical Pretreatment Standards; requires pretreatment to comply with the specific pollutant limitations of this chapter; has, in its discharge, toxic pollutants, as defined in Section 307 of the Act, or in other applicable Federal and State laws and regulations, which pollutants are in concentrations and volumes that are subject to regulation under this chapter, as determined by the Control Authority; is required to obtain a permit for the treatment, storage or disposal of hazardous waste pursuant to regulations adopted by the State or adopted under the Federal Solid Waste Disposal Act, as amended, or under the Federal Resource Conservation and Recovery Act, as amended, and who may or does contribute or allow waste or waste water into the POTW, including, but not limited to, leachate or runoff; or is found by the Control Authority to have a reasonable potential for adverse effect, either singly or in combination with other contributing industries, on the POTW, the quality of sludge, the POTW's effluent quality or air emissions generated by the POTW.
(106) "Slug" means any discharge of a non routine episodic nature including, but not limited to, an accidental spill or a non customary batch discharge.
(107) "Standard Industrial Classification (SIC)" shall refer to a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, as amended.
(108) "Standard Methods" means the laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Waste Water, prepared and published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, or methods set forth in 40 C.F.R. 136 "Guidelines for Establishing Test Procedures for Analysis of Pollutants." Where these two references are in disagreement on procedures for the analysis of a specific pollutant, the methods given in 40 C.F.R. 136 shall be followed.
(109) "State" means the State of Michigan.
(110) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.


(111) "Surcharge" means an additional charge which may be imposed to cover the cost of treatment of excess strength waste water discharged by any customer.
(112) "Surface water" means:
A. All water on the surface as distinguished from ground water or subterranean water.
B. Water appearing on the surface in a diffused state, with no permanent source of supply or regular course for any considerable time, as distinguished from water appearing in watercourses, lakes or ponds.
(113) "Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, waste water or other liquids, and which is removable by laboratory filtration or as measured by Standard Methods.
(114) "Total PCB" means the sum of the individual analytical results for each of the PCB aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260 during any single sampling event with any aroclor result less than the quantification level being treated as zero.
(115) "Total phenolic compounds" means the sum of the individual analytical results for each of the phenolic compounds of 2 chlorophenol, 4 chlorophenol, 4 chloro 3 methylphenol, 2,4 dichlorophenol, 2,4 dinitrophenol, 4 methylphenol, 4 nitrophenol, and phenol during any single sampling event expressed in mg/l.
(116) "Toxic pollutant" means any pollutant or combination of pollutants designated as toxic in regulations promulgated by the Administrator of the United States Environmental Protection Agency under the provisions of Section 307(a) of the Clean Water Act, 33 U.S.C. 1317, as amended, or included in the critical materials register promulgated by the Michigan Department of Environmental Quality, or other Federal or State laws, rules or regulations.
(117) "Trade secret" means the whole, or any portion or phase, of any proprietary manufacturing process or method, not patented, which is secret, is useful in compounding an article of trade having a commercial value, and whose secrecy the owner has taken reasonable measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes but excludes any information regarding the quantum or character of waste products or their constituents discharged or sought to be discharged into the Detroit waste water treatment plant, or into the waste water system tributary thereto.
(118) "Uncontaminated industrial waste" or "unpolluted industrial process water" means industrial process water or cooling water which has not come into contact with any substance used in or incidental to industrial processing operations, to which no chemical or other substance has been added, and which is completely compatible with applicable stream standards, excepting thermal limitations.
(119) "Upset" or "upset condition" means an exceptional incident in which there is an unintentional or temporary non compliance with limits imposed under this chapter or with National Categorical Pretreatment Standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
(120) "User" means any person who, directly or indirectly, contributes, causes or permits the discharge of waste water into the publicly owned treatment works as defined herein.
(121) "User charge" means a charge levied on users of a treatment works for the cost of operation and maintenance of sewerage works pursuant to Section 204(b) of P.L. 92 500 and includes the cost of replacement of public sewer items designed to last less than twenty years.
(122) "Village" means the Village of Franklin, Michigan, its agents and employees.
(123) "Waste water" or "waste stream" means the liquid and water carried industrial or domestic wastes of dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which are contributed to or permitted to enter the publicly owned treatment works. Waste water may also contain infiltration and inflow waters and cooling water.
(124) "Waste water discharge permits" means permits issued by the Control Authority or its designated representative as set forth in Section 1042.11(r).
(125) "Waste water facilities" means the structures, equipment and processes required to collect, carry away and treat domestic and industrial waste, and dispose of the effluent.
(126) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently, including waterways, rivers, streams, ditches, swales, drainage ways, lakes and ponds.
(127) "Waters of the State" shall refer to all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon, the State or any portion thereof.
(Ord. 179. Passed 8 17 92; Ord. 2001 08. Passed 12 10 01; Ord. 2007 01. Passed 3-12-07.)

1042.04 ABBREVIATIONS.
The following abbreviations shall have the designated meanings:
(a) BMR Baseline monitoring report
(b) BOD biochemical oxygen demand
(c) C.F.R. Code of Federal Regulations
(d) COD chemical oxygen demand
(e) DWSD Detroit Water and Sewerage Department
(f) EPA Environmental Protection Agency
(g) FOG fats, oil or grease
(h) l liter
(i) MDEQ Michigan Department of Environmental Quality
(j) mg milligrams
(k) mg/l milligrams per liter
(l) NPDES National Pollutant Discharge Elimination System
(m) CWA Clean Water Act
(n) P phosphorus
(o) POTW publicly owned treatment works
(p) RCRA Resource Conservation and Recovery Act
(q) SIC standard industrial classification
(r) SICM Standard Industrial Classification Manual
(s) SS suspended solids
(t) SWDA Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
(u) O&M operation and maintenance
(v) TSS total suspended solids
(w) USC United States Code
(Ord. 179. Passed 8 17 92; Ord. 2001 08. Passed 12 10 01; Ord. 2007-01. Passed 3-12-07.)

1042.05 UNSANITARY DEPOSITS; DISCHARGE TO NATURAL OUTLETS PROHIBITED.
(a) No person shall place, deposit, or permit to be deposited, in any unsanitary manner upon public or private property within the Village of Franklin, or in any area under the jurisdiction of said Village, any human or animal excrement, garbage or other objectionable waste.

(b) When sewage and/or treatment facilities are available, no person shall discharge to any natural outlet within the Village of Franklin, or in any area under the jurisdiction of said Village, any sanitary sewage, industrial wastes or other polluted waters. This division shall not apply to a permitted or approved on-site septic facility nor to any person who may be under an order or direction of the Village of Franklin or of the Oakland County Division of Human Services to repair or rehabilitate any on-site sanitary systems.

(c) No person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, unless specifically permitted by the Village and the Oakland County Health Department or as hereinafter provided.
(Ord. 179. Passed 8 17 92.)

1042.06 MANDATORY CONNECTION TO PRESSURE SEWER.
(a) Connection Required. The owner of all existing houses or buildings used for human occupancy, employment, recreation or other purposes, situated within the Village of Franklin, shall be connected to a properly operating and permitted on-site sanitary disposal system. Where it is determined that an on-site system cannot be properly or safely utilized or where such property is within an area of the Village meeting the criteria of a designated pollution area as set forth herein, then each such property owner shall, at his or her own expense, install suitable facilities to connect such house or building to the public sewer in accordance with the provisions of this chapter. It is the intent of this division that each property within the Village of Franklin utilized for human occupancy, employment, recreation or other purposes, shall be required to either maintain a properly operating on-site sanitary system or, in the alternative, if such system cannot be made to operate properly, then be connected to the public sewer system in accordance with this chapter. Nothing contained in this division shall prohibit a property owner from maintaining, repairing or installing an on-site sanitary system, also known as an on-site septic facility, provided that such an on-site sanitary system can meet all lawful requirements and is not in a designated pollution area. The Village shall not require any such property owner to connect to the pressure sewer system.

(b) Mandated Connection Area. The Village of Franklin Council may from time to time designate geographic areas of the Village in which all properties shall connect to the pressure sewer system. This division shall not apply to properties which have received approval for construction of a private sewer system from the Village of Franklin since August, 1988. Such designated pollution areas shall be determined after investigation by and on recommendation of an appropriate State or County health official.
(1) Areas may be mandated for connection where investigation determines the existence of fecal coliform where the source(s) of the same cannot be determined.
(2) Mandated connection areas shall be determined so as to reasonably accomplish the abatement of pollution in such areas, and the Village of Franklin shall consider the following information in making such determination:
A. Soil maps of the area to determine soil characteristics relative to on-site septic systems.

B. A search of the Oakland County Health Department records for a history of repairs, soil characteristics, water tables and any other data such as a disclaimer relative to site limitations.
C. Reliance on the health official's knowledge of the area gained through soil evaluations associated with the septic permit system and past documentation of the area such as seasonal high water tables.
(3) After reviewing the above information, the health official shall develop a conclusion relative to mandating sewer connection in a geographically defined area which shall be summarized in a report with recommendations to the Village Council.
(4) In reviewing the above information, the Village Council shall also consider cost effectiveness and engineering feasibility in determining geographic boundaries of the mandated area.
(5) In making its determination of any mandated area, the Village Council shall hold a public hearing with written notice to each property owner by first class mail at least ten days prior to the date set for such hearing; such notice to include a map of the proposed mandated area, including the location of all lateral lines within such proposed area and street addresses.
(6) The Village shall cause the map of any such mandated area to be published in the official records of the Village.

(c) Individual Polluting Properties. The owner of any property which is a source of human pollution and on which an on-site sanitary system cannot be properly or safely utilized shall cause such property to connect to the pressure sewer system.

(d) Connection to Public System. The owner of any house, building or property used for human occupancy, employment, recreation or other purposes, and abutting on any street or right-of-way in which there is located or in the future may be located a public sanitary sewer of the Village, and which is either an individual polluting property or is within a mandated area, is hereby required at the owner's expense to connect to the public sewer system in accordance with the provisions of this chapter within 30 days after the date of the second official notice to do so.

(e) Connection Procedures.
(1) First notice. This chapter shall constitute the first notice to the affected property owners that the Village of Franklin will require immediate connection to the pressure sewage system once it becomes operational and available to the property in question and shall be mailed by first class mail to those property owners upon its enactment or upon determination of required hook up.
(2) Second notice. The second notice sent to the affected property owners shall require the connection to the pressure sewer system to be made within 30 days after said notice is given. Notice may be given by first class or certified mail or posting on the affected property. The notice shall:
A. Give the approximate location of the relevant section of the pressure sewer system which is available for connection; and
B. Advise the property owner of the requirements and of the enforcement provisions of this chapter.

(f) Exception for Late Connection. In the event the property owner is unable to connect to the pressure sewer system within the time prescribed by this chapter, said property owner may appeal to the Village Council to allow said owner additional time in which to connect without penalty and without civil and criminal proceedings being initiated against him or her. This appeal must be made in writing within ten days of the second written notice as provided for in division (c) of this section.

(g) Enforcement Remedies.
(1) Penalties for late connection. In addition to other charges required herein, failure or refusal to connect to the pressure system within the prescribed time may result in the property being charged such additional connection charges as may be established by the Village Council.
(2) Civil penalties to compel connection. Where any structure in which sanitary sewage originates is not connected to the available and operational pressure sewer system within thirty days after the date of mailing or posting of the second written notice as required by division (e) of this section, the provisions of this chapter shall be enforceable through the bringing of an appropriate action for injunction, mandamus, or otherwise, in any court having jurisdiction to compel the owner of the property on which said structure is located to connect to said system. The Village may charge in such action or actions any number of owners of such properties to compel said person or persons to connect to the pressure sewer system.
(3) Recourse of Village for continued failure to connect. The continued failure or refusal of any property owner to connect to the pressure sewer system after a civil action has been brought by the Village of Franklin and a court of competent jurisdiction has rendered an order compelling said connection, shall allow the Village to:
A. Seek a contempt order against the recalcitrant property owner;


B. Enter upon said property and physically connect it to the pressure sewer system;
C. Charge any expense incurred in making said connection to the property owner through a lien the Village shall acquire against such property for such expense, said lien to be enforced in the manner now provided by law for the enforcement of tax liens; and
D. Report the amount of the lien to the Village Clerk who shall notify the property owner or party in interest whose name appears upon the last local tax assessment records of the lien, by first class mail. If the property owner fails to pay the same within thirty days after mailing by the Clerk of the notice of the amount thereof, the Clerk shall add the same to the next Village delinquent tax roll and it shall be collected in the same manner in all respects as provided by law for the collection of taxes by the Village.
(Ord. 179. Passed 8 17 92; Amended 3 13 95; Ord. 2001 08. Passed 12 10 01.)

1042.07 CONSTRUCTION PERMIT AND INSPECTION CHARGES.
(a) Application of Charges; Intent; Adjustments. The following initial charges shall apply to each respective group or category of users connected to the pressure sewer system. It is the intent of this section to distribute the costs of said system as evenly and equitably as feasible, and the Village Council may from time-to-time adjust any of the rates and charges set forth in this chapter so as to best accomplish this purpose.

(b) Initial Properties; Grant Properties.
(1) Properties which are part of the grant program shall incur the following items of charge and require the following permits:
A. Capital charge - construction;
B. Capital charge - street pipe;
C. Electrical permit (private contractor);
D. Plumbing permit (private contractor);
E. Oakland County charges (maintenance, transportation and replacement).
(2) Properties which were part of the grant program but which have opted not to be part of the grant construction contract may opt to be subject to division (c)(2) of this section. All such properties shall be subject to mandatory hook-up requirements as set forth in this section. These properties shall be required to pay the local share of design costs, street pipes, grinder pump and service connections covered by the grant. Other charges under division (c)(2) of this section shall also apply.


(c) Subsequent Hook-Up Properties.
(1) Properties which subsequently hook up to the public sewer may grant an easement to the Village of Franklin for construction of the street-to-structure segment. In such event, the construction and installation shall be completed by the Village of Franklin. The following permits and charges shall apply:
A. Design/engineering fee;
B. Capital charge - construction;
C. Capital charge - street pipe;
D. Connection charge - service connection;
E. Electrical permit (private contractor);
F. Plumbing permit (private contractor);
G. Oakland County charges (maintenance, transportation and replacement).
(2) Properties which have not granted an easement, or property owners who otherwise wish to construct and install the street-to-structure segment (including grinder pump) themselves or through their own private contractor, shall be subject to the following permits and charges:
A. Completion of an application on a form provided by the Village of Franklin Clerk, which shall include the following:
1. Engineering details of construction;
2. Site drawing showing location;
3. Agreement to comply with Village of Franklin and Oakland County specifications;
4. Agreement for operation and maintenance.
B. Village of Franklin permit fee;
C. Oakland County inspection fee;
D. Surety bond to be submitted prior to issuance of the permit in the amount of five thousand dollars ($5,000) until final inspection of the connection to the public sewer;
E. Cash deposit in the amount of five hundred dollars ($500.00) until final inspection of the connection to the public sewer; and
F. The following permits and charges:
1. Construction inspection fee;
2. Capital charge - street pipe;
3. Connection charge - service line;
4. Electrical permit (private contractor);
5. Plumbing permit (private contractor);
6. Oakland County charges (maintenance, transportation and replacement).


(d) Administrative and Escrow Fees. The Village of Franklin may establish a charge for administrative services or for an extraordinary escrow. In such event, such charges shall be shown separately on each bill or statement. All such funds shall be placed in a separate and segregated administrative or escrow account and said accounts shall be available for public inspection during normal business hours.
(Ord. 179. Passed 8 17 92.)

1042.08 PRIVATE SEWAGE DISPOSAL.
Where a public sewer is not available under the provisions of this chapter, or where the particular property does not meet the criteria for connection to the Village of Franklin pressure sewer system, the building's sewer shall be connected to an approved private sewage disposal system, constructed under a permit or in accordance with Chapter 1040 of these Codified Ordinances.
(Ord. 179. Passed 8 17 92.)

1042.09 BUILDING SEWER AND CONNECTIONS.
(a) No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit from the Village and the Oakland County Department of Public Works. No building sewer shall be covered until after it has been inspected and approved by the Village and the Oakland County Department of Public Works.

(b) The owner or his or her agent shall make application for a sewer permit on a form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information required by this chapter or considered pertinent in the judgment of the Council. A hook-up fee in an amount established by the Village Council shall be paid to the Village Clerk at the time the application is filed. A plumbing permit and electrical permit are also required. If a street opening is required to make the service connection, an additional attachment to the permit must be completed.

(c) The Village Council is authorized to enter into such contract(s) as it may deem appropriate and necessary for the operation and maintenance of the pressure sewer system. All users and permittees of the system shall subscribe to operation and maintenance to be performed by the authorized agent of the Village. Costs and charges for operation and maintenance (including replacements) shall be borne equally by users of the pressure sewer system.

(d) All costs, expenses and liabilities incident to the installation and connection of the building sewer shall be borne by the property owner. The property owner shall indemnify and save harmless the Village of Franklin from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(1) It shall be the duty of each property owner to maintain, clean and repair the building sewer lines at his or her own expense as necessary to keep such lines free and clear of obstructions and in good working order.
(2) The Village of Franklin shall maintain, clean and repair, as necessary and at the user's expense, the Municipal sewer lines and the grinder pumps.
(3) In the case of a bona fide dispute as to whether needed maintenance, cleaning or repair of a portion of sewer line is the responsibility of the property owner or the Village under the provisions of this chapter, it shall be the duty of the property owner to establish that the obstruction, disrepair or defect has occurred in that portion of the line for which the Village is responsible.
If the property owner fails to establish the Village's responsibility, it shall be the property owner's responsibility to perform the necessary maintenance as provided in this chapter. If the Village's responsibility is established, the Village shall perform the necessary maintenance and shall reimburse the property owner for reasonable expenses incurred in locating the defect in the line or in otherwise establishing the Village's responsibility.
The property owner shall be responsible under this chapter for the maintenance and repair of the building sewer lines. The Village, on the other hand, is responsible for the maintenance and cleaning of the entire sewer line out of the grinder pump and for major repair of the grinder pump, the trunk line and lateral lines only and has no responsibility of any kind for the building sewer lines.
(4) Any property owner who shall violate the provisions of this section shall be liable to the Village for civil damages incurred in correcting the defect and, in addition, shall be guilty of a misdemeanor and subject to the penalties set forth in this chapter.
If any property owner fails to maintain a building sewer line as required by this chapter, then, in addition to the other penalties prescribed, the sewer may be declared a public nuisance by the Village or by the Oakland County Health Department, and the defect may be corrected by either governmental agency. Any costs so incurred shall be assessed against the property and become a lien on the property if not timely paid.
(5) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another or an interior lot and, in the judgment of the Council, no private sewer is available or can be constructed to the rear building through an adjoining alley, yard or driveway, in which case the building sewer from the front building may be extended to the rear building.
(6) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Council, or its designated agent, to meet all requirements of this chapter. All costs incurred in such evaluation shall be borne by the property owner.
(7) The building sewer shall be constructed of a material approved by the State of Michigan Plumbing Code. The Village reserves the right to specify and require the encasement of any sewer pipe with concrete, or the installation of the sewer pipe in a concrete cradle if foundation and construction are such as to warrant such protection in the opinion of the Council or its designated agent.
(8) The size of the building sewer shall be six inches. Such size may be reduced to not less than four inches when, in the judgment of the Village Engineer, a six-inch pipe cannot or should not be installed. The slope of such four-inch pipe shall be not less than one-quarter inch per foot, unless otherwise permitted. The slope of pipe, the diameter of which is six inches or more, shall be not less than one-eighth inch per foot, unless otherwise permitted.
(9) 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. The line shall be straight or laid with properly curved pipe and fittings. Changes in direction greater than forty-five degrees shall be provided with cleanouts accessible for cleaning.
(10) 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 artificial means in conformity with the State Plumbing Code and approved by the Village of Franklin.
(11) All joints and connections shall be tested in accordance with the State Plumbing Code and proved to be gastight and watertight.
(12) 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.

(13) All newly constructed building sewers shall have a properly sized cleanout at the head of said sewer that is accessible at all times. This cleanout shall allow access of sewer cleaning equipment of a size equivalent to the size of the building sewer.
(14) All sewers shall be constructed in accordance with the latest edition of the "Ten State Standards."
(Ord. 179. Passed 8 17 92.)

1042.10 GENERAL REQUIREMENTS FOR OAKLAND COUNTY DEPARTMENT OF PUBLIC WORKS SEWAGE DISPOSAL SYSTEMS.
(a) Compliance Required. All sanitary sewer systems connected directly or indirectly into the intercepting sewer or sewers of the Oakland County Department of Public Works shall meet the requirements set forth in this section.

(b) Plans, Permits and Bonds.
(1) Prior to connection and prior to the start of construction, all sanitary sewer systems shall have plans and specifications and shall be approved by the Oakland County Department of Public Works.
(2) A connection permit for any lateral line extension shall be obtained by the Village or contractor from the Oakland County Department of Public Works. Said connection permit shall show the location of the work, the extent of the work, information regarding the contractor, the owner and the engineer, and any other pertinent information as shall be determined to be necessary by the Department of Public Works. A fee shall be charged for said permit to cover the cost of inspection of each connection and to verify the result of the acceptance test.
Inspection requested during other than normal working hours shall be performed only if deemed necessary by the Oakland County Department of Public Works. The fee for such inspection shall be three hundred dollars ($300.00) per day minimum, in addition to the normal connection permit fee.
(3) Individual building sewers which are directly connected into the Franklin sanitary sewer system shall conform to all applicable requirements of this chapter. A connection permit, for which a charge of fifty dollars ($50.00) will be made by the Oakland County Department of Public Works, shall be obtained from the Department of Public Works before such connection is made. Prior to the issuance of such connection permit, the person obtaining such permit shall have obtained the written approval of the local unit of government. Connection shall be made in a workmanlike manner and in accordance with methods and procedures established by the Department of Public Works. The party to whom such a permit is issued shall be responsible for notifying the Department of Public Works 24 hours in advance of the date and time when such a connection is made so that proper inspection of the same can be made by the Department.
(4) Prior to the adjustment, reconstruction, relocation or any other alteration of the sewers of the County of Oakland, including structures, the contractor or the person responsible for the work shall first obtain a permit to do such work from the Oakland County Department of Public Works. The permit fee shall be determined by the Department of Public Works.
(5) Prior to construction and during the life of permits obtained in accordance with divisions (b)(2), (3) and (4) of this section, all owners or contractors shall:
A. Yearly furnish to the Oakland County Department of Public Works a satisfactory surety bond in the amount of five thousand dollars ($5,000) as security for the faithful performance of the work in accordance with the plans and specifications and Departmental standards; and
B. Yearly furnish to the Oakland County Department of Public Works a cash deposit in the amount of five hundred dollars ($500.00). Such deposit shall provide funds for emergency work and/or such other work as may be deemed necessary by the Oakland County Department of Public Works, arising as a result of construction by the owner or contractor. Such bonds shall not be canceled by the owner, the contractor or the surety without first having given ten days written notice to the Oakland County Department of Public Works. Cash deposits may be returned to the owner or contractor within ten days of receipt of written request therefor, except that no deposits will be returned until such time as all outstanding permits have received final inspection and approval. In the event that it becomes necessary for the Oakland County Department of Public Works to expend funds for work arising as a result of construction by the owner or the contractor, then the cost of such work shall be deducted from the aforementioned cash deposit.
The owner or contractor shall have the right and opportunity to correct any deficiencies promptly before any deposit funds will be spent by the Oakland County Department of Public Works. The owner or contractor shall, within 30 days of the mailing of written notice thereof, pay to the Oakland County Department of Public Works the entire amount of such cost. Failure to comply with these rules and regulations and the standards of the Oakland County Department of Public Works may result in the immediate termination of the surety and cash bonds.

(c) Bulkhead. The contractor shall install a suitable bulkhead to prevent construction water, sand, silt, etc., from entering the existing sewer system. Such bulkhead shall be left in place until such time as removal is authorized by the Oakland County Department of Public Works.

(d) Acceptance Test.
(1) In general. All sanitary sewer systems shall be subjected to startup and testing in accordance with the following requirements prior to acceptance of the system by the Oakland County Department of Public Works and prior to removal of the bulkhead as required herein.
(2) Witnesses. All final acceptance tests shall be witnessed by the Oakland County Department of Public Works and the Village of Franklin.
(3) Hydrostatic pressure test. The Contractor shall furnish all water piping, bulkheads, pumps, gauges and other equipment required to carry out the test.
The section of main to be tested shall be filled with water. At the start of testing the main shall be pumped up to a pressure of 100 psi and the test period shall start immediately thereafter. The line shall then be maintained to 5 psi of this test pressure for a continuous period of two hours by pumping water into the line at frequent intervals. The volume of water so added shall be measured and considered to represent the leakage from the line under test during the interval. The leakage per hour, for 18 foot pipe lengths, under the conditions of test, shall not exceed the values shown in the following table.

[Table is on next page]


Size of Pipe
(inches)
Maximum Leakage
(Gallons Per Hour Per 100 Joints)

1 1/4
0.26

1 1/2
0.34

2
0.42

2 1/2
0.51

3
0.62

4
0.8

6
1.18

8
1.53

10
1.93

12
2.25

For pipe lengths other than 18 feet, pipe joint leakage shall be as follows:

L = ND P/7,400 x pipe length/18

If a sewer fails to pass any of the previously described tests, the contractor shall determine the location of the leaks, repair them and retest the sewer. The tests shall be repeated until satisfactory results are obtained. All visible leaks and cracks shall be repaired regardless of test results.
(4) Grinder pump station test.
A. The contractor shall provide the services of qualified factory- trained technical servicemen who shall inspect the placement and wiring of each station, and perform field tests as specified herein.
B. All equipment and material necessary to perform the testing shall be the responsibility of the contractor. This will include, as a minimum, a portable generator, amp meter and water.
C. After the pump stations have been set and wired, the contractor shall perform the following test procedure on the pump station.
1. Fill the wet well with water to a depth sufficient to verify that the high water alarm is operative.

2. Initiate pump operation to verify that automatic "on" and "off" controls are operative.
3. Observe amperage readings to verify that the proper electrical conditions are met.
D. The contractor shall furnish to the Village a written report certifying that the equipment has been properly installed, is in accurate alignment, is free from any undue stress imposed by connecting piping or anchor bolts, and has been operated under a full load condition to the satisfaction of the Village representative.
In addition, the contractor shall furnish the Village with a copy of all test data recorded during the installation check.

(e) Storm and Ground Water Control.
(1) Yard drains, patio drains, catchbasins, downspouts, weep tile, perimeter and footing drains or any other structure used for the collection and conveyance of storm water and/or ground water shall not be permitted to discharge into any sanitary sewer connected directly or indirectly to the County system.
(2) The discharge of sewage, industrial waste or any other pollutant to any natural outlet in the Village is prohibited except where suitable treatment has been provided in accordance with this Chapter.
(3) The crock to iron joint shall be sealed by approved flexible adaptor fittings such as those manufactured by Fernco Joint Sealer Company, or as approved by the Oakland County Department of Public Works. The iron pipe inside the building shall be plugged and leaded and remain plugged and watertight until such time as the plumbing is carried on to the first floor, the basement is backfilled and the roof is on the building, thereby providing that no water from the excavated basement will enter the sanitary sewer.

(f) Building Sewers.
(1) The house connection sewer from the lateral sewer in the street or easement to within five feet from the house shall be:
A. Six-inch diameter extra strength vitrified sewer pipe, manufactured in accordance with current NCPI designation ER 4 67 Standards, or equal, with DPW-approved premium joint;
B. Six-inch diameter cement pipe with Ring-Tite, Fluid-Tite or DPW- approved joint;
C. Six-inch diameter, service strength, cast-iron soil pipe, with hot- poured lead joint, or DPW-approved equal;
D. Six-inch diameter, extra strength (ES), solid wall pipe extruded from acrylonitrile-butadiene-styrene (ABS) plastic meeting the minimum cell classification 2 2 3 as defined in ASTM Specification D1788 68; or
E. Other pipe and joints as may be approved by the Oakland County Department of Public Works.
(2) Copies of the Oakland County Department of Public Works approved joint shall be on file at the offices of each community in the systems.
(3) House connection sewers shall be six-inch minimum diameter, except that four-inch pipe of comparable strength and joint material may be used if permitted by the local unit of government.

(g) Prefabricated Grinder Pump Station.
(1) The pump station shall be a factory-built grinder pump station consisting of grinder pump(s), suitably mounted in a fiberglass basin, with an integral watertight accessway, pump removal system, inlet for six-inch DWV pipe, remove alarm/control panel and all necessary internal wiring with electrical quick disconnects and controls as manufactured by Environment/One Corporation, Schenectady, New York, Model GP 210, GP 212 or GP 214, dependent on the service application as approved by the Village of Franklin.
(2) The control/alarm panel, supplied by the pump station manufacturer, shall be located within sight of the pump station installation.
(3) Wiring from the house electrical panel to the alarm/control panel shall be fifteen amps circuit, 240 Volt, twelve-gauge, four-wire service (neutral, ground, two hot leads), installed per the National Electrical Code.
(4) A concrete anti-floatation anchor for the pump station may be cast in place or precast of required size as recommended by the pump station manufacturer.

(h) Discharge Pipe.
(1) Discharge pipe shall be a minimum one and 3-inch diameter PVC, schedule 40. Fittings shall be solvent weld. Pipe shall be installed in accordance with the manufacturer's recommendations. Pipe shall be buried with a minimum of five-foot cover.
(2) The discharge pipe connection to the main line pipe shall be PVC mechanical seal service saddle, with a minimum operating pressure of 150 psi.
(3) The curb stop shall be a quarter-turn ball valve of bronze construction. The end connections shall be suitable for PVC pipe material. The valve box may be cast-iron or plastic curb stop and shall be located on-site within five feet of the front property line.

(4) The check valve shall be the swing type with the port size equal to or larger than the nominal pipe size. Materials shall be PVC or bronze. The check valve shall be located at the curb stop on the building side.

(i) Pipe Locator Wire.
(1) Locator wire shall be 12 gauge solid copper wire with plastic insulation.
(2) Locator wire shall be attached to all sewer pipe at approximate five-foot intervals.
(3) Attachment to pipe shall be made with plastic cable ties or equivalent.
(4) If wire splicing is needed, copper shall be jointed to copper by solder; splice shall be attached to pipe with ties and grouted in place to re-establish insulation across spliced length.
(5) At curb stop, a minimum length of one foot of wire shall be left accessible.
(6) The contractor is responsible for testing continuity of wire from end to end with equipment compatible with Oakland County Department of Public Works locating devices.

(j) Septic Tank Abandonment and Waste Disposal.
(1) Prior to connecting an individual building sewer to the sewers of the County of Oakland, either directly or indirectly, all existing waste water treatment facilities, including septic tanks, tile fields and sump pumps, located on the property, shall be physically and permanently disconnected from the building sewer.
(2) Septic tank sludge shall be discharged into the sewers of the County, directly or indirectly, only at locations specified by the Oakland County Department of Public Works, and only after obtaining proper septic tank dumping tickets.
(3) The liquid and solids from an abandoned septic tank shall not be drained, dewatered, pumped or in any other manner discharged to the sewers of the County, except as provided for above.
(4) Septic tank abandonment shall include a minimum of:
A. Concrete tank: Pumping the tank of sewage and disposing of the same in an approved manner; fracturing the bottom of the tank and crushing the top into the tank; filling the tank with sand or granular material; backfilling to grade and leveling.
B. Fiberglass tank: Pumping the tank of sewage and disposing of the same in an approved manner; excavating, removing and disposing of the tank in an approved manner; backfilling the excavation to grade and leveling.

(k) Ownership, Operations and Maintenance Responsibility.
(1) All individual building sewers shall be owned and maintained by the property owner.
(2) All sewer lines constructed by the Village of Franklin on a right-of-way or easement, including segments from the street to the grinder pump, shall be owned by the Village of Franklin and maintained by the Village or its designated agent.
(3) Sewer lines constructed by the property owner shall be by permit and in accordance with engineering specifications approved by Oakland County and the Village of Franklin and in accordance with this chapter. Sewer lines lying between the public right-of-way and the grinder pump, where installed by the property owner, shall be owned by the property owner.
(4) No person, firm or other entity shall be permitted to construct or tie into any sewer line of the County of Oakland or the Village of Franklin without first having agreed to abide by the terms of this chapter and to the provisions for operation and maintenance as set forth herein.

(l) Record Drawing Plans. Prior to the acceptance of any sewer system and prior to the removal of the bulkhead as required herein (except under extenuating circumstances as may be approved by the Director), record drawing plans shall be provided to the Oakland County Department of Public Works. Said record drawing plans shall include a statement by a registered engineer or surveyor certifying that the plans are record drawing plans and shall include, but not be limited to, the length of the sewer, invert elevation, locations with respect to property lines, wye and riser locations and depths, and sewer materials and joints used.

1042.11 GENERAL WASTE WATER DISPOSAL REGULATIONS.
(a) Delegation of Authority. The City of Detroit Water and Sewerage Department, as the State-approved Control Authority, is hereby authorized to act as agent to the Village for the administration and enforcement of this section. The Village shall enter into a contract with the City of Detroit Water and Sewerage Department, which contract shall set forth the terms and conditions of such delegated authority, consistent with this chapter.

(b) Discharge Prohibitions. No user shall contribute or cause to be contributed to the POTW, directly or indirectly, any pollutant or waste water which will cause interference or pass through. These general discharge prohibitions apply to such users of the POTW, whether or not the user is subject to National Categorical Pretreatment Standards or any other Federal, State or local pretreatment standards or requirements. In addition, industrial users shall not contribute the following substances to the publicly-owned treatment works:

1) Any liquid, solid or gas which, by reason of its nature or quantity, is sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to persons, the POTW, or the operation of the POTW. Pollutants which create a fire or explosion hazard in a POTW include but are not limited to wastestreams with a closed cup flash point of less than 140F or 60C using the test methods specified in 40 C.F.R. 261.21.
(2) Any solid or viscous substance, in concentrations or quantities which are sufficient to cause obstruction to the flow in a sewer or other encumbrance to the operation of the POTW, such as, but not limited to, grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, cement, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, strings, fibers, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining of fuel or lubricating oil, mud or glass grinding or polishing wastes, or tumbling and deburring stones.
(3) Any waste water having a pH less than 5.0 or more than 11.5 units.
(4) Any waste water containing petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, or toxic pollutants in sufficient concentration or quantity, either singly or by interaction with other pollutants, to cause interference or pass through or constitute a hazard to humans or animals.
(5) Any liquid, gas or solid or form of energy which either singly or by interaction with other wastes is sufficient to create toxic gas, vapor or fumes within the POTW in quantities that may cause acute worker health and safety problems, a public nuisance or hazard to life or is sufficient to prevent entry into the sewers for their maintenance and repair.
(6) Any substance which is sufficient to cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation processing where the POTW is pursuing a re-use and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria guidelines or regulations developed under Section 405 of the Act, with criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Toxic Substances Control Act or State criteria applicable to the sludge management method being used.
(7) Any substance which will cause the POTW to violate the Consent Judgment in U.S. EPA v City of Detroit, et al., C.A. No. 77 1100, or the City of Detroit's National Pollutant Discharge Elimination System permit.

(8) Any waste water having a color uncharacteristic of the waste water being discharged.
(9) Any waste water having a temperature which will inhibit biological activity in the POTW pretreatment plant resulting in interference, but in no case waste water with a temperature at the introduction into a public sewer which exceeds 150F (66C) or which will cause the effluence at the waste water treatment plant to rise above 104F (40C).
(10) Any pollutant which constitutes a slug.
(11) Any waste water containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with applicable State or Federal regulations.
(12) Any floating fats, oil or grease which is sufficient to cause interference with or pass through the POTW.
(13) Any solid materials having a specific gravity greater than 1.2 or a cross- section dimension of one-half inch or greater which are sufficient to cause interference with the POTW.

(c) Specific Pollutant Prohibitions. No industrial user shall discharge waste water containing an excess of the following limitations:
(1) Compatible pollutants.
A. Any fats, oil or grease (FOG) in concentrations greater than 1,500 mg/l based on the average of all samples collected within a twenty four hour period.
B. Any total suspended solids (TSS) in concentrations greater than 7,500 mg/l based on a composite sample.
C. Any biochemical oxygen demand (BOD) in concentrations greater than 7,500 mg/l based on a composite sample.
D. Any phosphorous in concentrations greater than 250 mg/l based on a composite sample.
Unless otherwise stated, all limitations are based upon samples collected over an operating period representative of a user's discharge, and in accordance with 40 C.F.R. part 136.
(2) Noncompatible pollutants. No industrial user shall discharge waste water containing an excess of:

[Table on next page]


Total Arsenic
(As)
1.0
mg/l

Total Cadmium
(Cd)
2.0
mg/l

Total Chromium
(Cr)
25.0
mg/l

Total Copper
(Cu)
2.5
mg/l

Total Cyanide
(CN)
1.0
mg/l

Total Iron
(Fe)
1,000.0
mg/l

Total Lead
(Pb)
1.0
mg/l

Total Nickel
(Ni)
5.0
mg/l

Total Silver
(Ag)
1.0
mg/l

Total Zinc
(Zn)
7.3
mg/l

Total Phenolic Compounds (or see C. below)

1.0
mg/l

All limitations are based on samples collected over an operating period representative of an industrial user's discharge, and in accordance with 40 C.F.R. Part 136.
A. The limitation for Total PCB is non detect. Total PCB shall not be discharged at detectable levels, based upon U.S. EPA Method 608, and the quantification level shall not exceed 0.2 gm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of Total PCB, the user shall be required to demonstrate compliance. For purposes of this section, this demonstration may be made using analytical data showing that the Total PCB concentration is below the detection level, or submission of a BMP in accordance with Section 1042.11(w)(4).
B. The limitation for Mercury (Hg) is non detect. Mercury (Hg) shall not be discharged at detectable levels, based upon U.S. EPA Method 245.1, and the quantification level shall not exceed 0.2 gm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of Mercury, the user shall be required to demonstrate compliance. For purposes of this section, this demonstration may be made using analytical data showing that the mercury concentration is below the detection level, or submission of a BMP in accordance with Section 1042.11(w)(4).


C. An industrial user may elect, in lieu of the Total Phenols Limitation specified in Section 1042.11(c)(2), to substitute specific limitations for each of the eight individual phenolic compounds identified under the Total Phenols Limitation. The following specific limitations, expressed in mg/l, shall be applied in lieu of the Total Phenols Limitation, upon election;
2 Chlorophenol 2.0 mg/l
4 Chlorophenol 2.0 mg/l
4 Chloro 3 methylphenol 1.0 mg/l
2,4 Dichlorophenol 5.5 mg/l
2,4 Dinitrophenol 2.0 mg/l
4 Methylphenol 5.0 mg/l
4 Nitrophenol 15.0 mg/l
Phenol 14.0 mg/l
Following election, the wastewater discharge permit shall be modified to incorporate these substituted parameters and an industrial user shall be responsible for monitoring and reporting compliance with these parameters.
(3) Compliance period. Within thirty days of the effective date of this section, the Department shall notify all existing industrial users operating under an effective wastewater discharge permit of the requirement to submit a compliance report within 180 days after of the effective date of this section. The compliance report shall demonstrate the user's compliance or non compliance with these limitations, and in the event of non compliance, include the submission of a plan and schedule for achieving compliance with the stated limitation. In no event shall a compliance schedule exceed eighteen months from the effective date of this section. An industrial user who does not demonstrate compliance may petition the Department for a second extension as part of an Administrative Consent Order. The Department, shall include appropriate monitoring, reporting, and penalties into an Administrative Consent Order that relates to a second extension, and shall enter into such an agreement only upon a good faith showing by the industrial user of the actions taken to achieve compliance with this provision.

(d) National Categorical Pretreatment Standards. All users shall comply with the applicable National Categorical Pretreatment Standards and requirements promulgated pursuant to the Act as set forth in 40 C.F.R. Subchapter N, Effluent Guidelines and Standards, which are hereby incorporated by reference and with all other applicable standards and requirements, provided, however, that where a more stringent standard or requirement is applicable pursuant to State law or regulation, or to this division, then the more stringent standard or requirement shall be controlling. Affected dischargers shall comply with applicable reporting requirements under 40 C.F.R. Part 403 and as established by the Department. The National Categorical Pretreatment Standards which have been promulgated as of the effective date of this section are delineated in Appendix A at the end of this chapter.
(1) Intake water adjustment. Industrial users seeking adjustment of the National Categorical Pretreatment Standards to reflect the presence of pollutants in their intake water must comply with the requirements of 40 C.F.R. 403.15. Upon notification of the approval of the U.S. EPA, the adjustment shall be applied by modifying the permit accordingly. Intake water adjustments are not effective until incorporated into an industrial user's permit.
(2) Modification of Standards. The Control Authority may apply to the Michigan Department of Environmental Quality, or the United States Environmental Protection Agency, whichever is applicable, for authorization to grant removal credits in accordance with the requirements and procedures of 40 C.F.R. 403.7. Such authorization may be granted only when the POTW treatment plant can achieve consistent removal for each pollutant for which removal credit is being sought, provided that any limitation on such pollutant(s) in the NPDES permit are neither being exceeded nor pose the prospect of being exceeded as a result of the removal credit being granted. Should this authorization be given to the Control Authority, any industrial user desiring to obtain such credit shall make an application to the Control Authority, consistent with the provisions of 40 C.F.R. 403.7 and this chapter. Any credits which may be granted under this provision may be subject to modification or revocation as specified in 40 C.F.R. 403.7 or as determined by the Control Authority. A prerequisite to the granting of any removal credit may be that the industrial user pay a surcharge based on the amounts of such pollutants removed by the POTW, such surcharge being based on fees or rates which the Board may establish and, when appropriate, revise from time to time. Permits shall reflect or be modified to effect any credit granted pursuant to this section.
(3) New sources. Industrial users who meet the new sources criteria shall install, maintain in operating condition and "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time and not to exceed 90 days, new sources must meet all applicable pretreatment standards.
(4) Concentration and mass limits. When limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Department may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users. Equivalent limitations shall be calculated in accordance with Sections 40 C.F.R. 403.6(c)(3) and/or 40 C.F.R. 403.6(c)(4) and shall be deemed pretreatment standards for the purposes of 33 U.S.C. 1317(d) and of this division. Industrial users will be required to comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(5) Reporting requirements for industrial users upon effective date of categorical pretreatment standards-baseline report. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under Section 40 C.F.R. 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging into or scheduled to discharge into the Detroit POTW shall submit to the Department a report containing the information listed in 40 C.F.R. 403.12(b)(1) through (7). Where reports containing this information have already been submitted to the Director or regional administrator in compliance with the requirement of 40 C.F.R. 128.140(b), the industrial user will not be required to resubmit this information. At least 90 days before commencement of any discharge, each new source and any existing sources that become industrial users after the promulgation of an applicable categorical pretreatment standard shall submit to the Department a report which contains the information listed in 40 C.F.R. 403.12(b)(1) through (5). In such report, new sources shall include information concerning the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall provide estimates of the information requested in 40 C.F.R. 403.12(b)(4) and (5).

(e) Dilution Prohibited. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no user shall increase the use of process water or, in any way, dilute or attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve Categorical Pretreatment Standards or any other pollutant-specific limitation or requirement imposed by this chapter. Combining in-plant waste drains or modulating the release of pollutants upstream of the sampling point prior to the point of discharge into the public sewer shall not be construed as dilution except as otherwise restricted by National Categorical Pretreatment Standards or requirements.

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

(g) Centralized Waste Treatment. It is unlawful for a centralized waste treatment (CWT) facility to discharge any industrial waste or waste water into the POTW without a waste water discharge permit from the Department. Any authorization granted, or permit issued, by the Department to a centralized waste treatment (CWT) facility shall specify the type of waste water for which treatment is provided, and discharge approval is sought, from the POTW. Unless such industrial waste or waste water is determined by the Department to require further authorization, a centralized waste treatment (CWT) facility that has submitted an application to, and received previous approval from, the Department to discharge waste water is not required to obtain further authorization from the Department before discharging such waste water.
An industrial user that provides centralized waste treatment services and files an application for the treatment and discharge of such types of waste water to the POTW shall provide the following minimum information in support thereof:
(1) The general nature, source and process(es) generating the type of waste water. Any waste water, which is generated from those processes and is subject to national categorical pretreatment standards as delineated in Appendix A, shall be so designated;


(2) The identity of the toxic pollutants known or suspected to be present in the waste water;
(3) At least one sample report showing the results of an analysis for the EPA priority pollutants for each type of waste water for which application is made in division (g)(l) of this section;
(4) A statement, that is certified by a professional engineer, which addresses the treatability and compatibility of the waste water received or collected by the facility's treatment process(es);
(5) The identity of the materials and/or pollutants whose trans port or treatment are regulated by the EPA, by the State or by any other governmental agency. Upon request the centralized waste treatment (CWT) facility shall provide a copy of its permit and/or license to the Department; and
(6) Other information requested by the Department, including but not limited to information required by division (r)(3) of this section or by rules adopted by the Board.
The discharge from a centralized waste treatment (CWT) facility will be deemed approved for those specific types of waste water delineated in a permit and, upon issuance of such permit in accordance with the procedures contained in this Section 1042.11, will be deemed approved for discharge into the POTW. The centralized waste treatment (CWT) facility shall comply with all applicable provisions contained in this Section 1042.11 regarding permits. In furtherance of its obligations as control authority, the Department may include in the permit a requirement to report at selected intervals the information mandated in divisions (g)(1) through (6) of this section.
All users granted a permit under this division shall maintain records which, at a minimum, identify the source, volume, character, and constituents of the waste water accepted for treatment and disposal. These records may be reviewed at any time by the Department.

(h) Groundwater Discharges.
(1) Unless authorization has been granted by. the Department, the discharge of any groundwater into the POTW is prohibited.
(2) The Department may authorize the discharge of groundwater resulting from maintenance and related activities of gas, steam, or electrical utilities through the use of general permits. Subject to appropriate reporting requirements, the general permit shall authorize discharge in accordance with the terms of the permit. Utilities shall comply with this provision within 180 days after its enactment.


(3) If a person who proposes to discharge groundwater resulting from purge, response activity, or UST projects has applied for and received a permit from the Department, the Department may authorize the discharge of such waste water. Permits shall be issued in accordance with the procedures contained in this Section 1042.11, or in accordance with any rules adopted by the Board.

(i) Right of Revision. The Village reserves the right to establish rules or regulations adopted by the Board, additional or more stringent limitations or requirements on discharges to the POTW. Ninety days after adoption by the Board, industrial users shall comply with such rules and regulations.

(j) Accidental Discharges.
(1) A. Each industrial user which does not currently have an approved spill prevention plan or slug control plan shall provide protection from accidental discharge of prohibitive materials or other substances regulated by this chapter. Facilities and measures to prevent and abate accidental discharges shall be provided and maintained at the owner's or industrial user's cost or expense. Unless the significant user has an approved spill prevention or slug control plan, all significant users shall submit to the Control Authority detailed plans showing facilities and operating procedures to provide protection against accidental discharges. All existing significant users shall complete and submit such plans within 180 days of the effective date of this chapter. New significant users shall submit such a plan prior to the time they commence discharging.
B. For purposes of this section, the information provided shall include the approximate average and maximum quantities of such prohibited materials or substances kept on the premises in the form of raw materials, chemicals and/or waste therefrom and the containment capacity for each. Only substances that are in a form which could readily be carried into the POTW and constitute a concentration of 5% or greater in the raw material, chemical solution or waste material, are required to be reported. Volumes of less than 55 gallons, or the equivalent thereof, need not be reported unless lesser quantities could cause pass-through or cause interference with the POTW.
C. The industrial user shall promptly notify the Department of any significant changes or modifications to the plan, including but not limited to a change in the contact person or substance inventory.


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

(k) Notification Requirements. Unless a different notice is provided by this division or application law, within one hour of becoming aware of a discharge into the POTW which exceeds or does not conform to Federal, State, Control Authority or Village laws, rules, regulations or permit requirements, or which could cause problems to the POTW, or which has the potential to cause the industrial user to implement its plan prepared in accordance with this section, the industrial user shall telephone the Control Authority at its control center and notify the Control Authority of the discharge. The notification shall include the name of the caller, the location and time of discharge, the type of waste water, the estimated concentration of excessive or prohibited pollutants and estimated volume. Within five calendar days after the discharge, the industrial user shall submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. When required by the Control Authority, the industrial user's waste water discharge permit shall be modified to include additional measures to prevent such future occurrences. Such notifications shall not relieve the industrial user of any expense, loss, damages or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other environmental impairment or any other damage to person or property. However, notification received pursuant to this division or information obtained by the exploitation of such notification shall not be used against any individual in any criminal case, except in prosecution for perjury or for giving a false statement. Such immunity shall not bar the criminal prosecution of non-natural persons nor shall it bar the pursuit of administration or civil remedies against any person.

(l) Notice to Employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees of whom to contact in the event of an actual or potential excessive or prohibitive discharge.

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

(n) Hazardous Waste Notification. All industrial users who discharge into the Village Collection System shall notify the Department in writing of any discharge of a substance which, if otherwise disposed of, would be a hazardous waste as set forth in 40 C.F.R. Part 261. Such notification must comply with the requirements of 40 C.F.R. 403.12(p).

(o) Authorized Representative. The authorized representative, as defined in Section 1042.03(3) of this Code, may designate a duly authorized representative of the individual designated in Section 1042.03(3):
(1) The authorization is made in writing by the individual defined in Section 1042.03(3);
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility where the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(3) The written authorization is submitted to the Department.

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

(q) Fees.
(1) It is the purpose of this division to provide for the recovery of costs from industrial users of the POTW. The applicable charges and fees shall be sufficient to meet the cost of the operation, maintenance, improvement or replacement of the system or as provided by law, contractual agreement or Board action.


(2) Charges and fees shall include, but not be limited to:
A. Fees for reimbursement of costs of establishing, operating, maintaining or improving the Control Authority's industrial waste control and pretreatment programs;
B. User fees based on volume of waste and concentration or quantity of specific pollutants in the discharge; and
C. Reasonable fees for reimbursement of costs for hearings, including but not limited to expenses regarding hearings officers, court reporters and transcriptions; and
D. Other fees deemed necessary to carry out the requirements contained herein or as may be required by law.
(3) The charges and fees provided for in this division shall be set forth in a fee resolution or fee ordinance adopted by the Village, in its discretion, together with such other fees and charges as are authorized by this chapter, which may be amended from time to time.

(r) Waste Water Discharge Permits.
(1) Permit required. It shall be unlawful for users to discharge into the POTW any waste water which will cause interference or pass-through, or otherwise not comply with the discharge prohibitions of this Section 1042.11. It shall be unlawful for a significant industrial user to discharge into the POTW without a waste water discharge permit from the Detroit Water and Sewerage Department. Unless otherwise expressly authorized by the Department through permit, order, rule or regulation, any discharge must be in accordance with the provisions of this section.
A. All significant industrial users which are in existence on the effective date of this division shall apply for a waste water discharge permit within 30 days of the effective date of this section. Significant industrial users who are currently operating with a valid waste water discharge permit are not subject to this provision. These applications are to include all information specified in division (r)(3) of this section, and, where applicable, any additional information which may be needed to satisfy the federal baseline monitoring report requirements of 40 C.F.R. 403.12(b).
B. All new significant users shall apply for a waste water discharge permit at least 90 days prior to commencement of discharge. The application must include all information specified in division (r)(3) of this section and, where applicable, any additional information that may be needed to satisfy the federal BMR requirements of 40 C.F.R. 403.12(b). Until a permit is issued and finalized by the Department, no discharge shall be made into the POTW.

C. Any user who proposes to discharge any waste water other than sanitary or noncontact cooling water into the POTW shall request approval from the Department for the discharge(s) at least 30 days prior to the commencement of the discharge.
(2) Permit application. The Control Authority may notify an industrial user of its belief that the industrial user is, or may be, a significant user. Upon such notification, the industrial user shall complete and submit an application for a waste water discharge permit in the manner informed by the Control Authority. Failure of the Control Authority to so notify an industrial user shall not relieve any significant user of a duty to obtain a permit as required by this chapter.
A. Existing industrial users shall submit a completed application on the form provided by the Control Authority within 60 days after being so directed and provided a form by the Control Authority.
B. Proposed new industrial users shall request an application form and submit the completed application at least 90 days prior to the startup.
C. An industrial user which becomes subject to a new or revised National Categorical Pretreatment Standard and which has not previously submitted an application for a waste water discharge permit as required by this chapter shall apply for a waste water discharge permit within 90 days after the promulgation of the applicable National Categorical Pretreatment Standard. The Control Authority may also initiate this action.
D. A separate application shall be required for each separate location.
(3) Information. In support of the application, the industrial user shall submit, in units in terms appropriate for evaluation, the following information:
A. The corporate or individual name, any assumed name(s), the Federal employer identification number, the address and the location of the discharging facility;
B. The name and title of the authorized representative of the industrial user who shall have the authority to bind the industrial user financially and legally;
C. All SIC numbers of all processes at this location according to the Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended;
D. Actual or proposed waste water constituents and characteristics for each parameter listed in the permit application form. Such parameters shall include those applicable pollutants having merit limitations and enumerated in divisions (c)(1)and (2) of this section and those pollutants limited by a National Categorical Pretreatment Standard or regulations for applicable industries, and any toxic pollutants known or suspected to be present in the discharge, regulated in the previous permit, or specifically requested by the Detroit Water and Sewerage Department. For each parameter, the expected or experienced maximum and average concentrations during a one year period shall be provided. For industries subject to National Categorical Pretreatment Standards or requirements, the date requested herein shall be separately shown for each categorical process and a waste-stream formula shall also be identified. Sampling and analysis shall be performed in accordance with the procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, or in accordance with any other sampling and analytic procedures, where appropriate and applicable, approved by the EPA. Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA Procedures for Screening an Industrial Effluence for Priority Pollutants, April, 1977, and amendments or revisions thereto. The name and address of the laboratory performing the analytical work shall also be submitted.
E. A listing and description of activities, facilities and plant processes on the premises. Those processes which are subject to National Categorical Pretreatment Standards or requirements shall be so designated. As pertains to division (r)(3)D. of this section, the pollutants associated with each process shall be identified.
F. Restricted to only those pollutants referred to in division (r)(3)D. of this section, a list of raw materials and chemicals referred to in division (r)(3)D. of this section that are either used in the manufacturing process or could yield the pollutants referred to in division (r)(3)D. of this section. Any user claiming immunity from having to provide such information for reasons of national security shall furnish acceptable proof of such immunity.
G. A description of typical daily and weekly operating cycles for each process in terms of starting and ending times for each of the seven days of the week;

H. Average and maximum 24 hour waste water flow rates, including daily, monthly and seasonal variations, if any; each National Categorical process waste stream flow rate and the cooling water, sanitary water and storm water flow rates, separately stated for each connection to the POTW; and each combined waste stream;
I. A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points and places of discharges into the POTW; also a flow schematic showing which connections receive each National Categorical process waste stream and which connections receive storm water, sanitary water or cooling water; also which lines handle each combined waste stream. This schematic shall be cross-referenced to the information furnished in division (r)(3)H. of this section.
J. Each product produced by type, amount, process or processes and the rate of production as it pertains to processes subject to production-based limits under the National Categorical Pretreatment Standards or requirements only;
K. A statement regarding whether or not the requirements of this chapter and the National Categorical Pretreatment Standards and requirements are being met on a consistent basis and, if not, what additional operation and maintenance work and/or additional construction is required for the industrial user to meet the applicable standards and requirements. This statement shall be reviewed and signed by the authorized representative and, as appropriate, certified by a qualified professional;
L. Basic information on the program for the prevention of accidental discharges in accordance with the requirements of this Section 1042.11;
M. Proposed or actual hours of operation for each pretreatment system for each production process;
N. A schematic and description of each pretreatment facility, identifying whether each pretreatment facility is of the batch type or the process type;
O. If other than DWSD potable water, the industrial user's source of intake water together with the types of usage and disposal methods for each water source and the estimated waste water volumes from each source;
P. If additional construction and/or operation of maintenance procedures will be required to meet the requirements of this chapter and the National Categorical Pretreatment Standards, the shortest schedule by which the user will provide such additional construction and/or implement the required operation and maintenance procedures;
Q. Identify whether the user has conducted a waste minimization assessment or audit of its operations in order to identify all feasible source reduction and recycling practices that may be employed to reduce or eliminate the generation of pollutants and other waste at the facility; and
R. Any other information that may reasonably be required to prepare and process a waste water discharge permit.
(4) Permit issuance. Upon receipt of an application, the Control Authority shall review the application and so notify the industrial user, the Village and the County of any of the following:
A. The industrial user does not meet the definition of a significant industrial user and is not required to have a waste water discharge permit.
B. The industrial user does meet the definition of a significant user but is found by the Department to have no reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement, and is not required to have a waste water discharge permit. The Department shall make such determination in accordance with the requirements of 40 C.F.R. 403.8(f)(6);
C. The application is incomplete or the information only partially satisfies the information and data required by 40 C.F.R. 403.12 or the Control Authority, and additional information and data are required which shall be promptly furnished. Where appropriate, the industrial user is notified regarding specific information that is missing, or that the application is unacceptable;
D. The industrial user is required to have a waste water discharge permit. The Department shall notify the industrial user of its determination and the basis of the determination. The Control Authority may withhold issuance of a permit to a significant user which has not submitted a report, or has submitted an inadequate or untimely report, to the Control Authority in accordance with the baseline reporting requirements of 40 C.F.R. 403.12. If the Control Authority determines that an industrial user is required to have a waste water discharge permit and has evaluated and accepted the data furnished, the industrial user will be notified accordingly by certified mail, and the Village shall be notified by first class mail.

Notification shall contain a copy of the proposed permit, so marked for the industrial user's review. An industrial user may contest the determination of the Control Authority or any term or condition of the waste water discharge permit, including modifications thereof, by filing a request for reconsideration in accordance with the procedures set forth in this chapter. In the event of such request, the contested terms and conditions of the proposed permit shall be stayed pending the Control Authority's review of the contested issues. If the permit is not contested or if the industrial user fails to respond within 20 days after receipt of the proposed permit, the permit may be issued as proposed. A permit shall be issued upon resolution of the Control Authority of any contested terms or conditions. Only one facility location shall be included in each permit.
(5) Permit conditions. Waste water discharge permits shall contain all requirements of 40 C.F.R. 403.8(f)(1)(iii) and shall be deemed to incorporate all provisions of this section, other applicable laws, rules, regulations and user charges and fees established by the City of Detroit or Village without repetition therein.
Permits may also contain the following:
A. Limits on the average and maximum waste water constituents or characteristics which are equivalent, more restrictive than, or supplemental to the numeric limits enumerated in this Section 1042.11, or the applicable National Categorical Pretreatment Standards;
B. Limits on average and maximum rate in time of discharge or requirements for flow regulation and equalization;
C. Requirements for installation, operation and maintenance of discharge sampling manholes and monitoring facilities by the industrial user;
D. Restrictions on which of the user's discharge waste streams are to be allowed to be discharged at each point of connection to the POTW;
E. Specifications for industrial user monitoring programs, which may include sampling locations, frequency and type of sampling, number, types and standards for tests and a reporting schedule;
F. Requirements for the prevention of accidental discharges and the containment of spills or slug discharges;
G. Restrictions based on the information furnished in the application;

H. Reporting requirements, in addition to the above.
1. All permittees shall submit a report to the Control Authority in the prescribed form, or in an alternative approved form, indicating the status of compliance with all conditions enumerated or referred to in the waste water discharge permit or made applicable to the permit by this chapter. The report shall be submitted at six-month intervals, unless required more frequently, on the schedule to be established by the Control Authority for each permittee. Analytical data generated by the Department may not be submitted in lieu of the facility's own monitoring data as required by the waste water discharge permit.
2. Permittees not subject to National Categorical Pretreatment Standards or requirements shall submit compliance in accordance with division (r)(5)H.4. of this section. The report shall show the concentration of each substance for which there is a specific limitation in the permit or which may be identified by the Control Authority in accordance with division (r)(5)I. of this section.
3. Permittees subject to National Categorical Pretreatment Standards or requirements shall submit compliance reports at the times and intervals specified by federal regulations and by the Department. A compliance report shall be submitted to the Department no later than 90 days following the final compliance date for a standard, or in the case of a new source, no later than 90 days, following commencement of the introduction of waste water into the POTW and in accordance with 40 C.F.R. 403.12(d). A report on continued compliance shall be submitted at six-month intervals thereafter on the schedule established by the Department and incorporated into the industrial user's discharge permit and in accordance with division (r)(5)H.4. of this section. The reports shall be either on a form prescribed by the Department or on an alternate form provided by the Department, and shall indicate the nature and concentration of all pollutants in the discharge from each regulated process which are limited by National Categorical Pretreatment Standards, or for which there is a specific limitation in the permit, or which may be identified by the Department in accordance with this division (r)(5)H. The report shall include a record of measured or estimated average nd maximum daily flows for the reporting period for the discharges regulated by the permit. The combined wastestream formula may be used for reporting purposes after the initial information has been furnished to the Department, provided there have been no changes to the elements composing the combined wastestream.
4. a. Reports shall contain the results of representative sampling performed during the period covered by the report and of the discharge and analysis of pollutants contained therein, and, for significant industrial users subject to production-based standards, shall be cross-referenced to the related flow or production and mass as required to determine compliance with the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable general pretreatment regulations, being 40 C.F.R. Part 403, or by the Department, but no less than is necessary to assess and assure compliance by the industrial user with the most stringent applicable pretreatment standards and requirements. All sampling and analysis shall be performed in accordance with applicable regulations contained in 40 C.F.R. Part 136 and amendments thereto. Where 40 C.F.R. Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the administrator.
b. If an industrial user monitors any pollutant more frequently than required by the Department using the procedures as prescribed in this section, the results of this monitoring shall be included in such report. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance practices and/or pretreatment system improvements or changes are necessary to bring the industrial user into compliance with the applicable pretreatment standards.
5. This report, and those required under divisions (d)(5) and (r)(5)H.4. of this Section 1042.11, shall include the follow certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision, in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and/or imprisonment for knowing violations." Said certification shall be signed by the facility's authorized representative, as defined in Section 1042.03(3) of this Code. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of the authorized representative definition must be submitted to the Department prior to, or together with, any reports to be signed by an authorized representative.
6. If sampling performed by a permittee indicates a violation, the user shall notify the Department within 24 hours of the time said user becomes, or should have become aware of the violation. In addition, the user shall repeat the sampling and analysis, and submit the results of the repeat analysis to the Department within 30 days after said user becomes, or should have become, aware of the violation.
I. In the event the Director determines that an industrial user is discharging substances in quality, quantity or at locations which may cause problems to the POTW or the receiving stream, the Department has the authority to develop and enforce effluent limits applicable to the user. To the extent the Department seeks to impose restrictions in a permit which are more restrictive than established in this division. the Department shall provide written documentation to explain the greater restriction for protection against pass-through, interference or violation of the NPDES permit;
J. Requirement for pollution prevention initiatives; and
K. Other requirements reasonably necessary to ensure compliance with this chapter;

(6) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a lesser period of time or may be stated to expire on a specific date. However, permits shall not be issued for a period less than one year. The existing permit for significant industrial users who timely submit an application for permit reissuance to the Department shall be automatically extended until a permit is issued as final.
(7) Permit modification. The terms and conditions of the permit may be subject to modification by the Control Authority during the term of the permit as limitations or requirements identified in divisions (c)(1) and (2) of this section are amended or if other just cause exists. Just cause for a permit modification includes, but shall not be limited to, the following:
A. Material or substantial changes to an industrial user's facility or operation or changes in the characteristics of the industrial user's effluent. It shall be the industrial user's duty to request an application form and apply for a modification of the permit within 30 calendar days of the change.
B. Change(s) in the City of Detroit's NPDES permit;
C. Embodiment of the provisions of a conciliation agreement, court settlement or order;
D. Any changes necessary to allow the City of Detroit to fulfill its role as Control Authority;
E. An industrial user's noncompliance with portions of an existing permit;
F. A change of conditions within the POTW;
G. A finding of interference or pass through attributable to the industrial user;
H. Amendments to, or promulgation of, National Categorical Pretreatment Standards or requirements, including 40 C.F.R. Part 403 and those delineated in Appendix A of this chapter. Permittees shall request an application form and apply to the Control Authority for a modified permit within ninety days after the promulgation of a new or revised National Categorical Pretreatment Standard to which the industrial user shall be subject. Information submitted pursuant to this division shall be confined to that information related to the newly promulgated or amended National Categorical Pretreatment Standard or requirement. However, information previously submitted may not be duplicated, insofar as previously submitted information continues to be current and applicable. The Control Authority may also initiate this action. The industrial user shall be informed of any proposed change in its permit at least 60 days prior to the proposed effective date of the change for any change initiated by the Control Authority, unless such change is the result of any enforcement action taken pursuant to this chapter;
I. Changes in the monitoring location. (See division (s) of this section);
J. Typographical errors or omissions in permits;
K. The Department may modify the permit on its own initiative, based on its findings or reasonable belief of the above; or
L. The user may request a modification of the permit.
When initiated by the Department, the industrial user shall be informed of any proposed change in its permit. The Department will issue a draft permit, and an industrial user has 30 days to file a response to the draft modified permit. Thereafter, the Department will issue a final permit and, unless appealed in accordance with the procedures contained in division (x) of this section the permit will become effective 20 days after issuance.
(8) Permit custody and transfer. Waste water discharge permits are issued to a specific person as defined herein for a specific discharge. A waste water discharge permit shall not be re-assigned or transferred or sold to a different person, new owner, new industrial user, different premises or a new or changed operation without the written approval of the Control Authority. It shall be the permit holder's duty to notify the Department of any such change at least 30 days before the date of the change. Waste water discharge permits which do not receive the written approval of the Department prior to the change shall be null and void, regardless of reassignment, transfer, or sale. The Control Authority may revoke a permit if it determines that an unreported change has occurred. The Control Authority may require the application for a new or modified permit if a change takes place. Any succeeding person shall comply with the terms and conditions of any existing permit which the Control Authority allows to be retained.
(9) Permit notification requirements. All industrial users shall promptly notify the Department in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which initial notification under 40 C.F.R. 403.12(p) has been made, request a permit application form, and apply for a modification of the permit at least 30 calendar days prior to the change. Failure of the industrial user to so apply shall be considered a violation of this division.


(s) Monitoring Facilities. Significant industrial users shall provide, operate and maintain at their own expense a sampling manhole or special structure to facilitate monitoring, inspection, sampling, and flow measurement of their discharge, by the Department and the industrial user, and to enable the Control Authority to conduct such other monitoring, inspection and sampling as required for determining compliance with discharge requirements, limits and standards as provided by this chapter. In the event the Department determines that the monitoring facility identified in the permit application is inadequate, a new monitoring facility must be identified, or provided, which shall allow for collection of a representative sample of the waste water discharged from the facility. Unless otherwise determined at the discretion of the Department, said facility shall be provided within 90 days of receipt of notification by the Department. The industrial user shall provide the Department with:
(1) A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW;
(2) A flow schematic showing (i) which connections receive each national categorical process wastestream; (ii) which connections receive storm water, sanitary water or cooling water, and (iii) which lines handle each combined wastestream. This report shall be certified by a professional engineer. If a significant industrial user fails to install the monitoring facilities within the prescribed time limits, then the Department may install such structure or device and the significant user shall reimburse the Department for any costs incurred therein.
The sampling manholes should be situated on the industrial user's premises in a location readily accessible to the Control Authority. It shall be the responsibility of the industrial user to obtain any necessary approvals from the Village or other government entities, which approvals may be required because of the location and construction of monitoring facilities in a public street or sidewalk area. Such construction shall occur only when another location would be impractical or cause undue hardship upon the industrial users. In no case shall the location be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling or monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility and any permanently installed sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user. Whether constructed on public or private property, the sampling and monitoring facility shall be provided in accordance with the Control Authority's requirements and all applicable local construction standards and specifications.

(t) Inspection Sampling and Record Keeping.
(1) For purposes of administering and enforcing this chapter, the Control Authority may inspect the establishment, facility or other premises of the industrial user. The Control Authority shall have ready access to the industrial user's premises to engage in inspection, sampling, compliance, monitoring and/or metering activities. Each such inspection or sampling activity shall be commenced and completed at reasonable times, within reasonable limits and in a reasonable manner. The Control Authority shall, upon arrival at the industrial user's premises, inform the industrial user or the industrial user's employees that sampling and/or inspection is commencing and that the industrial user has the right to observe the inspection and/or sampling. The Control Authority shall neither refrain from nor be prevented or delayed from carrying out its inspection or sampling duties due to the unavailability of the authorized representative of the facility to observe or participate in the inspection or sampling activity. While performing work on private properties, the Control Authority in the Village shall observe all reasonable safety, security and other reasonable rules applicable to the premises established by the industrial user. Representatives of the Control Authority shall bear proper credentials and identification and shall be accompanied by a representative of the industrial user, at the industrial user's option. The Control Authority shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge into the POTW.
(2) However, such employees or representatives shall not be restricted from viewing any of the facility site. The Control Authority may take photographs of facilities subject to this chapter, unless specifically prohibited by the industrial user upon request to be permitted to take photographs. Where an industrial user has security measures in force, the industrial user shall make prompt and necessary arrangements with the security personnel so that upon a presentation of appropriate credentials, the Control Authority will be permitted to enter immediately for the purposes of performing its specific responsibilities. Significant users shall sample and analyze their discharges in accordance with the provisions of their permits. The Control Authority may request such samples to be split with the Control Authority for the Control Authority's independent analysis. Industrial users shall maintain records of all information from monitoring activities required by this chapter or by 40 C.F.R. 403.12(n). Industrial users shall maintain the records for no less than three years. This period of record retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user, or regarding the operation of the City of Detroit's industrial pretreatment program, or when requested by the Control Authority, the EPA or the State. Industrial users shall, upon the request of the Control Authority, furnish information and records relating to discharges to the POTW. Industrial users shall make such records readily accessible at all reasonable times and allow the Control Authority to copy such records. In the event the Control Authority obtains samples, and analyses are made of such samples, a copy of the results of such analyses shall be promptly furnished to the owner, operator or agent in charge of the premises upon written request by the industrial user's authorized representative. When requested by the industrial user, the Control Authority shall leave a portion of any sample of the user's discharge taken from any sampling point on or adjacent to the premises for the user's independent analysis. In cases of disputes arising over shared samples, the portion taken and analyzed by the Control Authority shall be controlling unless proven invalid. In the event a grab sample of the industrial user's discharge is obtained and analyzed in accordance with 40 C.F.R. Part 136 and found to contain concentrations or pollutants which are two or more times greater than the numeric limitations for composite samples as listed in division (c)(1) of this section, the industrial user shall implement its slug control plan, and shall be required to provide a written report describing the cause of greater concentration and a description of the means by which such concentration may be held to values of less than two times the composite sample concentration limitation in the future.

(u) Confidential Information.
(1) Information and data on an industrial user obtained from written reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless the industrial user specifically requests confidentiality and is able to demonstrate to the satisfaction of the Control Authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. All claimed confidential information must be clearly marked "confidential." When requested by the person furnishing the report, the portions of a report which disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, the State disposal system permit and/or pretreatment programs, provided, however, that such information shall be treated as confidential by the governmental agency, until such time as the information has been determined to be non-confidential by the governmental agency. Confidential information on industrial users, which the Department releases pursuant to a request of another governmental agency, should be handled by the other governmental agency pursuant to its own confidentiality procedures. The Department cannot control how another governmental agency handles such confidential information, and assumes no responsibility for the disposition of the information released to the governmental agency. The Department will use sufficient care to inform the other governmental agency of the existence of the industrial user's confidentiality claim. The Department shall determine whether the information requested to be treated as confidential, in fact, satisfies the requirements of confidential information as defined herein. The decision of the Department shall be made in writing. Waste water constituents and characteristics will not be recognized as confidential information. Information accepted by the Control Authority as confidential shall not be transmitted to any governmental agency until and unless a ten-day notification of intent to transmit is first given to the industrial user.
(2) Except as otherwise determined by the Department or provided for by applicable law, all information with respect to an industrial user on file with the Control Authority shall be made available upon request by that user or the user's authorized representative during normal business hours.

(v) Statutes, Laws and Regulations. The National Categorical Pretreatment Standards defined in 40 C.F.R. Chapter I, Subchapter N, Parts 405 471, shall be and are incorporated by reference herein and made a part hereof. Unless otherwise provided, any reference in this chapter to a code, standard, rule, regulation or law enacted, adopted, established or promulgated by any private organization, or any element or organization of government other than the Village, shall be construed to apply only to such code, standard, rule, regulation or law in effect or existence on the date of enactment of this chapter.

(w) Enforcement.
(1) Violations. It shall be a violation of this chapter for any user to:
A. Fail to completely and/or accurately report the waste water constituents and/or characteristics of the industrial user's discharge;
B. Fail to report significant changes in the industrial user's operations or waste water constituents and/or characteristics within the time frames provided in division (r)(7) of this section;
C. Refuse reasonable access to the industrial user's premises, waste discharge, or sample location for the purpose of inspection or monitoring;
D. Restrict, lockout or prevent, directly or indirectly, access to any monitoring facilities constructed on public or private property. The locking or securing of the monitoring facility shall not constitute a violation pursuant to this division, provided that, upon request, reasonable access to the facility is promptly provided to the Department;
E. Restrict interfere, tamper with, or render inaccurate any of the Department's monitoring devices, including but not limited to samplers;
F. Fail to comply with any condition or requirement of the industrial user's waste water discharge permit;
G. Fail to comply with any limitation, prohibition or requirement of this chapter, including any rule, regulation or order issued hereunder. However, if an industrial user acts in full accordance with a compliance schedule approved and incorporated into the industrial user's waste water discharge permit pursuant to the provisions of this chapter, that industrial user shall be deemed to be in compliance with those requirements of this chapter addressed by the compliance schedule. Industrial users acting in full compliance with waste water discharge permits issued prior to the effective date of this chapter shall be deemed to be in compliance with the requirements of this chapter, and such permits shall remain in effect and be enforceable under this chapter until the expiration date of such permit or until a superseding permit is issued, whichever occurs first. Industrial users shall comply with National Categorical Pretreatment Standards and requirements on the date specified in the Federal regulations, regardless of compliance schedules.
(2) Upsets. An upset shall constitute an affirmative defense to an action brought for noncompliance with limits imposed under this chapter or National Categorical Pretreatment Standards if the requirements of this division (v)(2) are met.
A. An industrial user who wishes to establish the affirmative defense shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:


1. An upset occurred and the industrial user can identify the specific cause(s) of the upset;
2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
3. The industrial user has submitted the following information to the department, orally or in writing, within 24 hours of becoming aware of the upset, except that if this information is provided orally, a written submission must be provided within five days:
a. A description of the discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
c. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
B. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
C. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with this chapter upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in a situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(3) Bypass. Bypasses are prohibited unless the bypass does not cause a violation of pretreatment standards or requirements, but only if it is for essential maintenance to ensure efficient operation of the treatment system. These bypasses are not subject to the provisions of divisions (w)(3)A. and B. of this section.
A. Notice of anticipated bypass. Industrial users anticipating a bypass shall submit notice to the Department at least ten days in advance.
B. Notice of unanticipated bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time the industrial user becomes or should have become aware of the pass. A written submission shall be provided within five days of the time the industrial user becomes or should have become aware of the bypass. The written submission shall contain a description of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.
C. Prohibition of bypass and enforcement. Bypass is prohibited, and the Department may take enforcement action against a user for a bypass, unless:
1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
3. The industrial user properly notified the Department as described in (w)(3)B. of this section.
D. Bypass approval. Where it meets all conditions in division (w)(3)C. of this section, the Department may approve an anticipated bypass.
(4) Emergency suspension and orders. The Control Authority may order suspension of the sewer or waste water treatment service and/or a waste water discharge permit where such suspension is necessary, in the opinion of the Control Authority, to stop any actual or threatened discharge which presents or may present an imminent or significant hazard to the health or welfare of persons or to the environment, interferes or may interfere with the POTW, or causes or may cause the City of Detroit to violate any condition of its NPDES permit. Any person notified of a suspension of the sewer or waste water treatment service and/or the waste water discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with a suspension or revocation order, the Control Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection or services, to prevent or minimize damage to the POTW system or danger to any individual or the environment. In the event such steps are taken, the Director shall notify the industrial user in writing within 24 hours of such action and the recourse available and shall provide the industrial user with an opportunity for a hearing before the Director or his or her designated representative within ten days of such action. The Control Authority shall notify the Village whenever notification is made to an industrial user pursuant to this division, in writing, within 72 hours of such action.

The Control Authority shall reinstate the waste water discharge permit and/or the sewer or waste water treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement to the Control Authority within 15 days of the occurrence describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Upon proof of elimination of the noncomplying discharge, the Department shall reinstate the waste water discharge permit and/or the sewer or waste water treatment service.
(5) Notice of violation. Except in the case of any actual or threatened discharge as specified in division (w)(3) of this section, whenever the Control Authority has reason to believe that any industrial user has violated or is violating this chapter, the Control Authority shall serve upon such industrial user a written notice stating the nature of the violation. Where applicable, the Department shall pursue appropriate escalating enforcement action as defined within its approved enforcement response plan. The failure of the Department to issue a notice of violation shall not preclude the Department from escalating its enforcement response.
(6) Notice of Control Authority action. The Village or a designated department thereof shall be notified by the Control Authority of any enforcement activity taken within its boundaries.
(7) Administrative actions. Whenever the Control Authority has reasonable grounds to believe that a user is violating, or has violated a provision of its waste water discharge permit, or a pretreatment standard or requirement or ay prohibition of this section, the Department, except in the case of emergency or flagrant violation, may initiate appropriate administrative enforcement action in order to compel the industrial user to eliminate or to remedy such violation as soon as possible.
A. Conferences. The Control Authority may order any person who violates this chapter to attend a conference wherein the Control Authority may endeavor to cause the user to eliminate or remedy the violation by establishing an enforceable compliance schedule. The notice of violations shall be served at least ten days before the scheduled conference and shall set forth the date, time and place thereof. The Village shall be notified in accordance with the terms and conditions of the delegation agreement which it shall enter into with the Control Authority. The conference shall be conducted by a representative of the Control Authority. The industrial user shall present a plan and schedule for achieving compliance with this chapter. The conference attendees may agree upon a compliance schedule which sets forth the terms and conditions and time period or schedule for full compliance. Nothing contained herein shall require the Control Authority to accept or agree to any proposed plan or schedule or prevent the Control Authority from proceeding with the show cause hearing as set forth in division (w)(7)D. of this section. Should the attendees agree to a compliance schedule, the user and the Department's duly authorized representative may enter, by consent, into a compliance agreement or an administrative order setting forth the terms of such agreement. An industrial user must make good faith and expeditious efforts to comply with this chapter and any procedures, requirements and agreements hereunder.
B. Compliance schedules. The user and the Department may agree upon a schedule which sets forth the terms and conditions, and time periods or schedules for completion of actions to remedy or to eliminate the causes of violation. These schedules may be developed as part of a compliance agreement, or an administrative consent order. Schedules developed under this division shall adhere to the following conditions:
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of upgraded or additional pretreatment facilities, or to the implementation of additional operation and maintenance procedures required for the industrial user to meet the applicable pretreatment requirements and standards, including but not limited to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, and completing construction;
2. No single increment referred to in division (r)(5)H. of this section shall exceed nine months:
3. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Department, including, at a minimum, whether it complied with the increment of progress to be met on such date and, if not, the date which it expects to comply with this increment of progress, the reason(s) for delay, and the steps being taken by the industrial user to return to the established schedule; and
4. Any deviations from the compliance schedule may result in the industrial user being found in violation of this division.


C. The Department may order any industrial user who violates or continues to violate this division or a duly issued permit to install and to properly operate devices, treatment facilities, or other related appurtenances. In addition, orders may contain such other requirements as might reasonably be necessary and appropriate to address the violation, including the installation of pretreatment technology, additional self-monitoring and management practices, implementation of a waste minimization assessment to identify and implement feasible source reduction, and recycling practices to reduce the generation or release of pollutants at the facility. An order may be either an administrative consent order, which is the result of an agreement, or a unilateral administrative order.
D. Show cause hearing. The Control Authority may order any industrial user who violates this chapter, or allows such violation to occur, to show cause before the Control Authority why a proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of the hearing before the Control Authority regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action, and directing the industrial user to show cause before the Control Authority why a proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing with copies to be provided to the Village as provided to the delegation agreement. Service may be on any agent or officer of a corporation or authorized representative.
E. Hearing proceeding. The hearing shall be conducted in accordance with the procedures adopted by the Board. A hearing officer shall conduct a show cause hearing and take the evidence, and may:
1. Issue in the name of the Control Authority notices of hearings requesting the attendance and the testimony of the witnesses and production of evidence relevant to any matter involving such hearings;
2. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Director and the Village for action thereon.
At any show cause hearing held pursuant to this chapter, testimony taken must be under oath and recorded by a court reporter.

3. After a show cause hearing has been conducted, an order may be issued to the industrial user by the Control Authority directing any of the following actions:
a. Immediate compliance with the industrial user's waste water discharge permit or with any applicable limitation, condition, restriction or requirement of this chapter or applicable local, State or Federal law or regulation;
b. Pretreatment of waste by installation of adequate treatment equipment, or by proper operation and maintenance of existing treatment equipment, within a specified time period. Sewer or waste water treatment service may be discontinued upon failure to comply.
c. Submission of compliance reports on effluent quantity and quality as determined by self-monitoring and analysis during a specified time period;
d. Submission of period reports on effluent quality and quantity as determined by self-monitoring analysis throughout the final period set by a compliance date;
e. Control of discharge quantities;
f. Payment of costs and reasonable and necessary inspection, monitoring and administration of the industrial user's activities by the Control Authority during compliance efforts; and/or
g. Any such other orders as are appropriate, including, but not limited to, immediate termination of sewer or waste water treatment services, or revocation of a waste water discharge permit, or orders directing that, following a specified time period, sewer or waste water treatment service will be discontinued unless adequate treatment facilities, devices or operation and maintenance practices have been employed.
h. A finding the user has demonstrated by a preponderance of the evidence that a violation, either of this division or of a duly issued permit, did not occur.
F. Public notification of significant noncompliance. The Department shall publish in the largest daily newspaper published in the City of Detroit and the Village a list of all industrial users which were in significant noncompliance with applicable pretreatment requirements at any time during the previous 12 months. All industrial users identified in the proposed publication shall be provided with a copy of that proposed notice at least 30 days before publication and with an opportunity to comment as to its accuracy.
(8) Legal actions.
A. Any user who violates any provision of this chapter, including the failure to pay any fees, charges or surcharges imposed hereby, or violates any condition or limitation of a permit issued pursuant hereto, or knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a waste water discharge permit, or tampers with, or knowingly renders inaccurate, any monitoring device required under this chapter, is guilty of a misdemeanor and shall be subject to the penalty provided in Section 1042.99. The Control Authority is hereby authorized, consistent with the terms and conditions of the delegation agreement entered into by the Village with the Control Authority, to seek, through the Village Attorney, prosecution of criminal charges against any person violating any provision of this chapter.
B. If any person discharges sewage, industrial waste or other waste into the POTW contrary to the provisions of this chapter, or a permit or order issued hereunder, the Village or the Control Authority, or both, may commence a civil action to enjoin such discharge or to enforce compliance with this chapter or a permit or order issued hereunder, in the Circuit Court for the County of Oakland or other appropriate court. Upon a proper showing of a violation of this chapter, or a permit or order issued hereunder, a permanent or temporary injunction may be granted without bond. The Control Authority or the Village, or both, may also seek additional legal and/or equitable relief. Instituting suit in a circuit court does not constitute an exclusive election of remedies and does not prohibit the Control Authority or the Village from commencing action in Federal court for discharges believed to be in violation of this chapter, State and Federal requirements pursuant to the Clean Water Act, the City of Detroit's NPDES permit, or other applicable laws or requirements. The Control Authority or the Village may also recover reasonable attorneys' fees, court costs, court reporters' fees and other unusual expenses related to enforcement activities or litigation against the person found to have violated this chapter or orders, rules, regulations and permits issued hereunder.


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

(x) Reconsideration and Appeal. Through the procedures of reconsideration and appeal, a user may contest actions, determinations, or decisions of the Department which result from its construction, application and enforcement of this division. The procedures contained within this section govern reconsideration and appeal with respect to construction, application, and enforcement of this division.
(1) Selection of reconsideration or of appeal.
A. Except for those actions, determinations, or decisions which are expressly identified as subject only to appeal, reconsideration may be requested by any permit applicant, permittee, authorized industrial waste water discharger or other discharger, who is adversely affected by any action, determination, or decision that is made by, or on behalf of, the Department by the Director or an authorized representative, and that interprets, implements or enforces the provisions of this section.
B. An appeal may be requested by any permit applicant, permittee, authorized industrial waste water discharger or other discharger, who is adversely affected (i) by a permit issued as final by the Department, or (ii) by an administrative order entered after a show cause order and hearing, or after a hearing for reconsideration.
C. Unless otherwise expressly provided for by this division, a request for reconsideration or appeal must be signed by an authorized representative, and received at the Department's General Offices within 20 days from the date of the occurrence of the action, determination, or decision in dispute. A request for reconsideration shall contain the requester's name and address, a brief statement of the reason(s), and the factual basis underlying the request.
D. A request for reconsideration shall be filed in triplicate either by hand delivery or by certified mail to the General Offices of the Department. Where a request for reconsideration or appeal either is not filed within the time period provided for in this division or is improperly made, the action, determination or decision of the Director, or the Department's authorized representative, is final, and any right to reconsideration or appeal may be deemed waived.
(2) Reconsideration. Within 15 days after receipt of a timely and proper request for reconsideration, the Department shall notify the applicant of the time and place for a hearing.
A. A hearing for reconsideration shall be conducted by a hearings officer who is designated by the Director and may be an employee of the Department. The decision of the hearings officer shall be in the form of a recommendation to the Director and embodied in an administrative order. Except for an administrative consent order that was negotiated and agreed to by both parties, an administrative order is appealable in accordance with division (x)(3) of this section.
B. Where improperly or untimely submitted. the Department may reject a request for reconsideration. The Department shall notify the requester in writing that the request has been rejected.
C. Unless the date is mutually extended by both parties, the hearing shall be conducted neither less than ten days nor more than 30 days after mailing of the notice. For cause and at the discretion of the hearings officer, the hearing may be continued for a reasonable time.
D. The hearing for reconsideration shall be an informal consultation and conference where the requester in person, or by counsel, shall present their argument, evidence, data and proof in connection with the issue(s) being reconsidered. The parties shall not be bound by the Michigan Rules of Evidence. The hearing shall be transcribed and the requester may obtain a copy of the hearing transcript, as appropriate, from the Department or from the court reporter.
E. Within 30 days after the close of the hearing, the hearings officer shall issue a final decision, which shall contain a recommendation to the Director. The hearings officer shall send such decision to the requester by certified mail.
F. Unless such action is necessary to prevent pass-through, interference or other harm to the POTW, to the public or to the waters of this State, the filing of a request for reconsideration in accordance with this division (x) shall stay the action by the Department that is the subject of the hearing for reconsideration.
(3) Appeal. Within 30 days after receipt of a timely and proper request for an appeal, the Department shall notify the applicant in writing regarding the time and place for a hearing. The hearing shall be conducted in accordance with procedures set by the Board until rules are promulgated pursuant to Section 2 111 of the 1997 Detroit City Charter. In addition:
A. Any request for an appeal must be made within 20 days of the Department's action, determination or decision regarding the request for reconsideration or any permit issued in accordance with this section.
B. Where a request either is not filed within the time period contained in this division (x) or is improperly made, the action, determination or decision of the Director or the Department's authorized representative is final, and any right to appeal may be deemed waived. Where untimely or improperly submitted, the Department may reject the request for an appeal, and shall notify the requester in writing that such request has been rejected.
C. The Department shall appoint a hearings officer. The hearings officer shall review the evidence, and within 15 days after the close of the hearing shall issue a written recommendation to uphold, modify or reverse the action, determination or decision of the Department.
D. The written recommendation of the hearings officer shall be submitted to the Board, which shall render a final decision within 30 days of its next regularly scheduled meeting.
E. In accordance with applicable law, the user or the Department may appeal any final decision of the Board to a court of competent jurisdiction.
F. Unless such action is necessary to prevent pass-through, interference, or other harm to the POTW, to the public or to the waters of this State, the filing of a request for appeal in accordance with this division (x) shall stay the action by the Department that is the subject of the appeal.
(Ord. 179. Passed 8 17 92; Res. 92 227. Passed 10 29 92; Ord. 2001 08. Passed 12 10 01; Ord. 2007-01. Passed 3-12-07.)

USER CHARGE SYSTEM

1042.12 RATES AND CHARGES ESTABLISHED; REVISIONS; APPLICATION AND BASIS FOR CHARGES.
Rates and charges for the use of the sewer system of the Village of Franklin are hereby established. Revisions to the rates and charges herein shall be established by resolution of the Village Council as necessary to ensure sufficiency of revenues to meet the operation, maintenance, replacement and debt service costs of the system. All premises which may have any connection to the sewer system, or which may otherwise discharge sewage, industrial waste or any other substance into the sewer system, either directly or indirectly, shall be subject to such rates and charges. Because there
are no water meters used in the Village, such charges shall be based upon a flat rate based upon the estimated quantity of water used therein after adjustment for specific additional pollutants as described in this chapter.
(Ord. 179. Passed 8 17 92.)


1042.13 RATES AND CHARGES.
The rates for use of the sewer system shall be as follows for all users of the system, whether inside or outside of the Village limits:
(a) Sewage Disposal Charge. A quarterly charge for sewage disposal shall be made to each premises connected to the Village of Franklin Sewage Disposal System in the amount of two hundred and thirteen dollars and sixty cents ($213.60) per residential equivalent unit (REU) quarterly or as may be established from time to time. All residential customers with simplex grinder pump installations will be assigned a value of 1 REU. All residential customers with duplex or centrifugal pump installations will be assigned a value of 1.5 REUs. REU assignments for all nonresidential customers will be based on the current Schedule of Unit Assignment factors, as set forth in Section 1042.14.
(b) Service Fee. A fee of two hundred fifty dollars ($250.00) per service call shall be charged for all customer related grinder pump repairs or replacements due to system misuse, excessive water discharge, customer power interruptions, non grinder pump odors, internal plumbing issues, sump pumps, well problems and other issues not directly related to the actual operation of the grinder pump. A customer may appeal the assessment of a service fee to the Village Administrator who may waive the fee upon determining the customer was not negligent or at fault for the service call.
(c) Industrial Surcharge. An industrial surcharge shall be levied against industrial and commercial customers contributing sewage to the system with concentrations of pollutants exceeding the levels described as follows:

275 milligrams per liter (mg/l) of biochemical oxygen demand (BOD)
350 milligrams per liter (mg/l) of total suspended solids (TSS)
12 milligrams per liter (mg/l) of phosphorus (P)
100 milligrams per liter (mg/l) of fats, oils and grease (FOG)


Amount of
Industrial Surcharge
Total Charge Per
Pound of Excess Pollutants

Biochemical oxygen demand (BOD)
$ 0.302

Total suspended solids (TSS)
0.378

Phosphorus (P)
4.140

Fats, oils and grease (FOG)
0.233


It is assumed that normal domestic customers do not contribute sewage with concentrations of pollutants exceeding the above levels. Therefore, the industrial surcharge will not apply to domestic customers. Further, restaurants shall also be exempt from industrial surcharge per Federal Court Order ASecond Interim Order,@ dated July 10, 1981.
(d) Industrial Waste Control (IWC). Each nonresidential user will be billed for industrial waste control based on an assigned water meter size from the following size schedule and the following charge schedule.

SIZE SCHEDULE


Units Assigned in Accordance with the Current Oakland County Drain Commissioner’s Schedule of Unit Assignment Factors:
Assigned Water Meter Size (inches)

1 - 4
5/8 and 3/4

5 - 10
1

11 - 20
1 1/2

21 - 32
2

33 - 64
3

65 - 100
4

101 - 200
6

CHARGE SCHEDULE


Meter Size
(inches)
Quarterly Industrial
Waste Control (IWC) Charge

5/8
$20.55

3/4
30.84

1
51.39

1 1/2
113.04

2
164.40



Meter Size
(inches)
Quarterly Industrial
Waste Control (IWC) Charge

3
$297.99

4
411.00

6
616.50

8
1,027.50

10
1,438.50

12
1,644.00

14
2,055.00

16
2,466.00

18
2,877.00

Non-residential users shall be defined as users other than single-family houses, apartment buildings, condominiums, townhouses, mobile homes, schools, churches and municipal buildings.
(Ord. 2000 64. Passed 6 12 00; Ord. 2001 4. Passed 8 13 01; Ord. 2002-5. Passed 8 12 02; Ord. 2003-2. Passed 6-9-03; Ord. 2004-03. Passed 6-14-04; Ord. 2005-09. Passed 6-13-05; Ord. 2006-02. Passed 6-12-06; Ord. 2007-03. Passed 6-11-07; Ord. 2008-05. Passed 6-9-08; Ord. 2009-04. Passed 6-8-09; Ord. 2009-10. Passed 12-14-09; Ord. 2010 07. Passed 6-14 10.)

1042.14 SCHEDULE OF UNIT ASSIGNMENT FACTORS.
Unit factors for particular usages of property are hereby established as follows:


Usage
Unit Factor

Single-family residences (Subject to Section 1042.13(a) above
1.0 per dwelling

Auto dealers
.30 per 1,000 sq. ft.

Barber shops
1.0 per 1,000 sq. ft.

Bars
.044 per seat



Usage
Unit Factor

Beauty shops
.223 per booth

Boarding houses
.16 per person

Boarding schools
.27 per person

Bowling alleys (no bars, lunch facilities)
.16 per alley

Car wash:

a. Manual, do-it-yourself
2.5 per stall

b. Semi-automatic (mechanical without conveyor)

12.5 per stall



Usage
Unit Factor

c. Automatic with conveyor
33.0 per stall

d. Automatic with conveyor (conserving and recycling water)

8.4 per lane

Churches
.008 per seat

Cleaners (pick-up only)
.048 per employee

Clinics:

a. Medical
1.00 per doctor

b. Dental
1.40 per dentist

Convalescent and/or nursing homes
.3 per bed

Convents
.20 per person

Country clubs
.08 per member

Drug stores


a. With fountain service
.08 per seat + .14 per 1,000 sq. ft.

b. Without fountain service
.14 per 1,000 sq. ft.

Factories (exclusive of excessive industrial use)
.50 per 1,000 sq. ft.

Fraternal organizations (members only)
1.0 per hall

Fraternal organizations (members and rentals)
2.0 per hall

Funeral homes, including one residence
2.2 per funeral home

Grocery stores and supermarkets
.31 per 1,000 sq. ft.

Health clubs


a. With showers and/or pool
2.3 per 1,000 sq. ft.

b. Without showers and/or pool
.26 per 1,000 sq. ft.

Hospitals
1.22 per bed



Usage
Unit Factor

Hotels and/or motels (exclusive of swimming
pools, bars, restaurants, etc.)
.38 per room

Laundry (self-service)
.54 per washer

Mobile home parks
.60 per mobile home

Multiple-family residences
.60 per residence

Office buildings
.40 per 1,000 sq. ft.

Public institutions other than hospitals
.32 per employee

Racquet clubs
.82 per tennis or handball court

Restaurants

a. Conventional type with or without drinks
0.13 per seat

b. Quick service franchise type, without dishes, dealing mainly in hamburgers with or without eating in the building (includes, but not necessarily limited to, McDonald’s, Burger Chef, Burger King, Red Barn and Hardee’s)
5.6 per restaurant

c. All other restaurants (includes, but not necessarily limited to, drive-ins, snack bars, carry-outs, such as fried chicken and pizza; could have some eating in the building, all without dishes)
1.8 per restaurant

Rooming houses (no meals)
.13 per person

Schools

a. Elementary
.012 per student

b. Junior or middle high
.020 per student

c. Senior high
.028 per student

d. Bus maintenance facility
.165 per 1,000 sq. ft.


Usage
Unit Factor

Service station
.24 per pump

Store (other than specifically listed)
.16 per employee

Summer camps
.14 per housing unit

Swimming pools (residential excluded)
3.00 per 1,000 sq. ft.

Theaters (drive-in)
.012 per car space

Theaters (Indoor)
.008 per seat

Tourist courts (individual bath units)
.27 per cubicle

Warehouses
.10 per 1,000 sq. ft.
(Ord. 179. Passed 8 17 92; Ord. 2010 07. Passed 6-14 10.)

1042.15 FINANCIAL PLAN.
(a) The financial plan for the pressure sewer system is as follows: it will be paid for and maintained by the users of that system, and the Village of Franklin shall periodically establish suitable and appropriate rates, charges and fees sufficient to accomplish payment for all capital costs, operation, maintenance and replacements.

(b) The following capital and connection charges are hereby established:
(1) For initial grant properties, a one-time capital charge as follows:
System participation charge $ 5,565.00
Additional street pipe 2,000.00

Total: $ 7,565.00

(2) For subsequently connected properties, a one-time capital charge as follows:

Service connection charge (approx.) $ 1,000.00
Additional street pipe 2,000.00
Total (approximate): $ 3,000.00



(c) Initial grant properties will be billed by the Village of Franklin for the above capital charges. The property owner(s) may elect to pay the total amount within 30 days of billing or, in the alternative, to pay such charges over a ten-year period, together with interest on unpaid balances at a rate to be established by the Village Council. In the event no payment is made within the 30 day period following billing, then the entire sum billed shall be placed as a lien on the subject property as if it were an unpaid and delinquent tax.

(d) Initial grant properties which have been or may be removed from the grant funded contract shall be charged the local share of design costs and the cost of street pipe, grinder pump and service connections covered by the grant, as well as additional street pipe costs. Such properties shall obtain their own permits and approvals as provided in this chapter for property owners installing their own street-to-house segment. Financing methods as set forth in division (c) of this section may apply.

(e) Each property owner connecting to the public sewer system shall be responsible for construction and installation of any building sewer as well as all electrical and plumbing connections for such segment, including connections to the grinder pump. No such work shall proceed until a permit therefor has been obtained from the Village of Franklin and until applicable permit fees have been paid and other requirements have been met.

(f) Owners of properties to be connected to the public sewer system shall have the option of either constructing the street-to-house portion themselves (including the grinder pump) or having such construction completed by the Village of Franklin through its designated engineers and contractors. All construction and connections shall comply with this chapter, and specifically Section 1042.16.
(Ord. 179. Passed 8 17 92; Ord. 182. Passed 2 8 93; Ord. 2001 08. Passed 12 10 01.)

1042.16 CONSTRUCTION AND COSTS OF SUBSEQUENTLY CONNECTED PROPERTIES.
(a) Construction and Connection Performed by Village.
(1) Any property owner(s) desiring the Village of Franklin to perform construction of the street-to-structure segment shall first provide an appropriate easement in favor of the Village of Franklin. Said instrument shall be in writing, in a form satisfactory to the Village of Franklin, and shall provide for a temporary construction easement from the street to the structure of a width of not less than 20 feet and a permanent maintenance easement not less than ten feet in width.

(2) The Village must receive a nonrefundable payment of four hundred dollars ($400.00) for the on-site design. Once the design is completed and approved by the property owner and the Village Engineer, the owner must sign a construction and O&M easement to allow the designed work to be constructed.
(3) The homeowner must obtain electrical and plumbing permits at forty-five dollars ($45.00) each and hire a contractor to do the necessary plumbing and electrical work to connect the grinder pump to the house.
(4) Once the property is connected to the system, the homeowner will receive a bill for all actual on-site construction charges for connecting his or her property to the sewer as well as the charges referred to in Section 1042.15(b)(2). The homeowner may pay these costs in one payment or over a multi-year period not to exceed 17 years, with interest at a rate to be determined by the Village Council. Notwithstanding the foregoing, any homeowner who connects to the sewer after December 31, 1999, shall be required to fully pay such costs prior to connecting.
(5) Notwithstanding the provisions of division (a)(4) of this section, the owners of newly-constructed homes, the construction of which was commenced on or after June 8, 1998, that are designated as being on sewer construction contract "F" or a subsequent contract shall, prior to connecting their property to the sewer, be required to pay in full all on-site charges for connecting to the sewer, as well as the charges referred to in Section 1042.15(b)(2), and related installation and engineering charges. The owners of all new construction that, prior to June 8, 1998, was already completed or in progress and that is designated as being on contract "F" shall be required to pay in full all such charges within 30 days of being invoiced by the Village.

(b) Construction and Connections Performed by Property Owner.
(1) The property owner shall hire a Village-approved contractor. A list of such contractors will be available in the Village offices. The contractor shall obtain a permit for one hundred fifty dollars ($150.00). Included in the fee are costs of Village administration (fifty dollars ($50.00)) and Oakland County inspection (one hundred dollars ($100.00)).
(2) Before a permit will be issued, the property owner shall provide a detailed sketch of the location of the grinder pump and lines leading to the service connection. The homeowner shall sign an O&M easement and agree to construct the on-site portion according to Village specifications.
(3) The property owner must provide:
A. A five hundred dollar ($500.00) cash deposit for any emergencies that may arise while connecting to the system. This is refundable if not used.


B. A five thousand dollar ($5,000) surety bond, to ensure that the connection and on-site construction are made in accordance with then current rules and regulations and that any damage to the Village-owned sewer is promptly and properly repaired.
(4) Such fees and deposits shall be collected by the Village or its designated representatives prior to the start of construction. Such fees and deposits shall be fixed and revised from time to time, as necessary, by the Village Council so as to insure that all users pay their proportionate share of the costs of the systems.
(5) The property owner shall pay the charges set forth in Section 1042.15(b)(2). Financing methods as set forth in Section 1042.15(c) may apply.
(Ord. 98 183. Passed 10 19 98.)

1042.17 ANNUAL AUDIT; REVIEW AND REVISION OF RATES.
The rates hereby fixed are estimated to be sufficient to provide for the expenses of operation, maintenance and replacement of the system and to preserve the same in good repair and working order. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts. An annual audit shall be prepared. Based on said audit, rates for sewage services shall be reviewed annually and revised as necessary by the Franklin Village Council by resolution to meet system expenses and to ensure that all user classes pay their proportionate share of operation, maintenance and equipment replacement costs.
(Ord. 179. Passed 8 17 92.)

1042.18 NO FREE SERVICE.
No free service shall be allowed for any user of the sewer system.
(Ord. 179. Passed 8 17 92.)

1042.19 ANNUAL NOTIFICATION.
All customers of the Village of Franklin waste water system will receive an annual notification, either printed on the bill or enclosed in a separate letter, which will show the breakdown of the waste water disposal bill into its components for operation, maintenance and replacement and for debt service.
(Ord. 179. Passed 8 17 92.)

1042.20 BILLING FOR SEWER USE; LATE PAYMENT CHARGE.
(a) Quarterly bills for operation, maintenance and replacement of the sewer system shall be sent by United States mail to the address receiving the sewer service. Bills may be sent to the occupant or to the owner. Failure to receive a bill for sewer service shall not relieve the owner or occupant from the responsibility for prompt and complete payment of the bill. Bills shall be due upon receipt and may be payable for 30 days after the billing date without penalty.



(b) If such charges are not paid within 30 days after the billing date, a penalty of 10% shall be added thereto, and shall thereafter be subject to a 1% penalty per month for each additional month, or fraction thereof, that the same remains unpaid.
(Ord. 179. Passed 8 17 92; Ord. 2005-08. Passed 4-11-05.)

1042.21 COLLECTION OF DELINQUENT ACCOUNTS.
Unpaid charges for sewer disposal service, or any obligation for sewer services incurred pursuant to this chapter, or furnished to any premises within the Village of Franklin, shall be a lien against the premises. Enforcement of this lien shall be made pursuant to Village codes or ordinances, or under any applicable statute. Unpaid charges that are more than 90 days delinquent shall be added to the next tax roll to be collected in the same manner as Village taxes.
(Ord. 179. Passed 8 17 92.)

SAVINGS AND PENALTY

1042.22 SAVINGS.
All proceedings pending, and all rights and liabilities existing, acquired or incurred at the time this chapter takes effect, are hereby saved and may be consummated according to the law in force when they are commenced, except to the extent that they shall be superseded, altered or modified by this chapter. This chapter shall be construed and interpreted so as to give full effect to the goals and objectives herein stated.
(Ord. 179. Passed 8 17 92.)

1042.99 PENALTY; EQUITABLE REMEDIES.
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)
Violations of this chapter are hereby declared and determined to be a nuisance per se and, in addition to other remedies, shall be subject to abatement and injunction in a court of competent jurisdiction.
(Ord. 179. Passed 8 17 92.)

APPENDIX

Aluminum Forming
40 C.F.R. Part 467

Asbestos Manufacturing
40 C.F.R. Part 427

Battery Manufacturing
40 C.F.R. Part 461

Builder's Paper and Board Mills
40 C.F.R. Part 431

Canned and Preserved Fruits and Vegetables
40 C.F.R. Part 407

Canned and Preserved Seafood Processing
40 C.F.R. Part 408

Carbon Black Manufacturing
40 C.F.R. Part 458

Cement Manufacturing
40 C.F.R. Part 411

Coal Mining
40 C.F.R. Part 434

Coil Coating
40 C.F.R. Part 465

Copper Forming
40 C.F.R. Part 468

Dairy Products Processing
40 C.F.R. Part 405

Electrical and Electronic Components I & II
40 C.F.R. Part 469

Electroplating
40 C.F.R. Part 413

Explosives Manufacturing
40 C.F.R. Part 457

Feed Lots
40 C.F.R. Part 412

Ferroalloy Manufacturing
40 C.F.R. Part 424

Fertilizer Manufacturing
40 C.F.R. Part 418

Glass Manufacturing
40 C.F.R. Part 426

Grain Mills
40 C.F.R. Part 406

Gum and Wood Chemicals Manufacturing
40 C.F.R. Part 454

Hospital
40 C.F.R. Part 460

Ink Formulating
40 C.F.R. Part 447

Inorganic Chemicals Manufacture (I & II)
40 C.F.R. Part 415

Iron and Steel
40 C.F.R. Part 420

Leather Tanning & Finishing
40 C.F.R. Part 425

Meat Products
40 C.F.R. Part 432

Metal Finishing
40 C.F.R. Part 433

Metal Molding and Casting
40 C.F.R. Part 464

Mineral Mining and Processing
40 C.F.R. Part 436

Nonferrous Metals Forming
40 C.F.R. Part 471

Nonferrous Metals Manufacturing I
40 C.F.R. Part 421

Nonferrous Metals Manufacturing II
40 C.F.R. Part 421

Ore Mining and Dressing
40 C.F.R. Part 440

Organic Chemicals, Plastics, and Synthetic Fibers
40 C.F.R. Part 414

Paint Formulating
40 C.F.R. Part 446

Paving and Roofing Materials
40 C.F.R. Part 443

Pesticide Chemicals
40 C.F.R. Part 455

Petroleum Refining
40 C.F.R. Part 419

Pharmaceutical
40 C.F.R. Part 439

Phosphate Manufacturing
40 C.F.R. Part 422

Photographic
40 C.F.R. Part 459

Plastics Molding and Forming
40 C.F.R. Part 463

Porcelain Enameling
40 C.F.R. Part 466

Pulp, Paper, and Paperboard
40 C.F.R. Parts 430 and 431

Rubber Manufacturing
40 C.F.R. Part 428

Soap and Detergent Manufacturing
40 C.F.R. Part 417

Steam Electric
40 C.F.R. Part 423

Sugar Processing
40 C.F.R. Part 409

Textile Mills
40 C.F.R. Part 410

Timber Products
40 C.F.R. Part 429
(Ord. 2001 08. Passed 12 10 01)