Orion Twp. – ADOPTION OF ORDINANCE 131-2 — AMENDMENT TO ORD. NO. 131 — WASTEWATER DISCHARGE

NOTICE

CHARTER TOWNSHIP OF ORION

ADOPTION OF ORDINANCE 131-2

AMENDMENT TO ORD. NO. 131

WASTEWATER DISCHARGE

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, December 17, 2018, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending Ordinance No. 131, Wastewater Discharge, for the Charter Township of Orion, Michigan; to add a new Section 7 (“Industrial Pretreatment Program Regulations for Discharges to the Clinton River Water Resource Recovery Facility”) to enact Industrial Pretreatment Program Regulations applicable to discharges of wastewater and pollutants from the Township to the Clinton River Water Resource Recovery Facility, including discharge limits and prohibitions; user pollution controls; user permit requirements; sampling, monitoring and reporting requirements; and to provide for enforcement, penalties, and other sanctions and relief for violations, and to authorize the Oakland County Water Resource Commissioner to enforce the Industrial Pretreatment Program Regulations within the Township.

THE CHARTER TOWNSHIP OF ORION ORDAINS:

SECTION 1 of Ordinance

The following section of Ordinance 131, Wastewater Discharge, is amended, as follows. Sections or subsections not referenced are not changed.

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Section 7 – Industrial Pretreatment Program Regulations for Discharges to the Clinton River Water Resource Recovery Facility

A. Adoption of Regulations.

The Charter Township of Orion hereby adopts the “Industrial Pretreatment Program Regulations for Discharges to The Clinton River Water Resource Recovery Facility” as Appendix D of this Ordinance No. 131.

B. Delegation of Authority.

The Oakland County Water Resources Commissioner, or the “WRC,” is authorized to administer and enforce the provisions of Appendix D of this ordinance on behalf of the township. The township has executed and hereby ratifies the Clinton River Water Resource Recovery Facility Interjurisdictional Agreement, its delegation agreement with the WRC, which sets forth the terms and conditions of such delegated authority, consistent with these sections, and shall allow the WRC to perform the specific responsibilities of control authority pursuant to state and federal law.

Summary of appendix follows:

APPENDIX D

General Provisions

Background; Scope and Applicability of Article (“Covered Discharges”); Designation of Agent and Representative; Amendments; Purposes; and Compliance

Definitions

Sewer Connections

Compliance with Applicable Laws, Regulations, and Procedures Required

Multiple Buildings; Separate Uses Within Buildings

Proposed Connection by Nondomestic User to POTW; Notification

Approval to connect to POTW

Regulation of Discharges to the POTW

Discharge Prohibitions

Pretreatment Standards and Requirements

Right of Revision

POTW’S Right to Refuse or Condition Discharge

Most Restrictive Standards and Requirements Apply

Dilution Prohibited as Substitute for Treatment

Discharge Prohibited Without Required Approvals, Permit, and Treatment

Discharge Prohibited Except Through Approved Sewer Connection

User Permits

User Permit Required

Determination of User Status

Permit Application Deadlines

Permit Application Requirements

Permit Issuance, Denial, or Determination That Permit Not Required

Permit Conditions

Permit Modifications

Permit Duration

Permit Reissuance

Continuation of Expired Permits

Permit Suspension and Revocation

Limitations on Permit Transfer

Duty to Provide Information

Permit Appeals

Permits Not Stayed

Permit Fees

Reporting and Notice Requirements

Reports by Nondomestic Users Regarding Categorical Pretreatment Standards and Requirements

Reports Required for Nondomestic Users Not Subject to Categorical Pretreatment Standards

Notice by User of Potential Problems

Notice by User of Violation of Pretreatment Standards

Notice by User of Changed Discharge or Change in User Status

Notice by User Regarding Wastes That Are Otherwise Hazardous

Notice by User Regarding Installation of New Pretreatment Facilities

Notice of Intent

Other Reports and Notices Required by This Section or by Other Applicable Laws and Regulations

Requirements Applicable to All Required Reports, Notifications, and Applications

Signature and Certification Requirements

Sampling, Analysis and Monitoring Requirements

Sampling and Analytical Techniques and Procedures

Sampling Frequency

Sample Types

Sampling Methods, Equipment and Location

Costs of Monitoring, Sampling and Analyses

Self-Monitoring

Sampling and Analyses Performed by POTW

Split Samples and Sample Results

Maintenance, Repair and Calibration of Equipment

Required Sampling Structures and Devices

Determination of Flow

Accidental Discharges

General

Designation of Person in Charge of Discharge Operations

Description of Chemicals Stored, Used or Manufactured by User; User Discharges; User Premises

Segregation of Wastewaters Requiring Pretreatment

Secondary Containment Requirements

Submission of Pollution Incident Prevention Plan

Posting of Accidental Discharge Information

Notice of Accidental Discharge

Slug Control Plan

Upset and Additional Affirmative Defenses

Upset

Additional Affirmative Defenses

Bypass

Bypass Not Violating Applicable Pretreatment Standards or Requirements

Bypass Prohibited

Required Notices

POTW Approved Bypass

Confidential Information

Confidential Information

Records Retention

Maintenance of Records

Administration of the POTW

Operation and Management of POTW

Powers of Director

User Pollution Controls

Provision by Users of Necessary Pretreatment Facilities

Proper Operation and Maintenance

Removed Substances

Duty to Halt or Reduce Activity

Duty to Mitigate

Duty to Pretreat Prior to Discharge to POTW

Implementation of Best Management Practices or Best Management Practices Plan

Fog Interceptors; Alternative Fog Pretreatment Technology; Sand Traps

Dental Amalgam; Amalgam Separators

Additional Pretreatment Measures

Enforcement

POTW Inspection, Surveillance and Monitoring Authority; Right of Entry

Notice of Violation

Orders and Supplemental Enforcement Tools

Service of Notices of Violations, Orders and Notices of Assessments

Publication of Users in Significant Noncompliance

Municipal Civil Infractions

Criminal Penalties; Imprisonment

Continuing Violation

Number of Violations

Nuisance

Reimbursement

Review or Approval by Director or Local Unit

Severance or Suspension of Sewer and/or Water Service

Judicial Relief

Cumulative Remedies

Acceptance and Acknowledgement

Administrative Review and Appeals

Procedures Available

Informal Review and Reconsideration by the CRWRRF Superintendent

Appeal to Wastewater Board of Appeals

Payment of Charges, Penalties, Fines, And Other Costs or Fees

Finality of Action

Appeals from Determination Of WBA

Protection from Damage

Protection from Damage

MUNICIPAL LIABILITY

Municipal Liability; Disruption of Service

USE OF PUBLIC SEWERS CONDITIONAL

Use of Public Sewers Conditional

INDUSTRIAL PRETREATMENT PROGRAM FEES

Purpose

IPP Fees

IPP Fee Amounts

Surcharges

Billing and Collection of IPP Fees

SECTION 2 of Ordinance

The following sections shall be modified and renumbered, as follows:

Section 8 – Repealer

Section 9- Severability

Section 10 – Savings

Section 11 – Effective Date

Section 12 – Adoption

SECTION 3 of Ordinance

Any prior ordinances or terms of ordinances in direct conflict with the provisions of this ordinance are hereby repealed.

SECTION 4 of Ordinance

If one or more sections, provisions, phrases or words of this ordinance are declared to be invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining sections, provisions, phrases and words of this ordinance, which shall continue in full force and effect, and to this end, this ordinance is declared to be severable.

SECTION 5 of Ordinance

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

SECTION 6 of Ordinance

This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 17th day of December, 2018, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 12.19.18

 

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