NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORD. NO. 131
WASTEWATER DISCHARGE
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, December 17, 2018, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt 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.
* * *
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 7 8 – Repealer
Section 8 9- Severability
Section 9 10 – Savings
Section 10 11 – Effective Date
Section 11 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 _____ 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 proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.
Penny S. Shults, Clerk
Charter Township of Orion
Orion Twp. – PROPOSED ORDINANCE ADOPTION – AMENDMENT TO ORD. NO. 131 – WASTEWATER DISCHARGE added by James Newell on
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