York Township, Michigan

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NOTICE OF PUBLICATION BY POSTING
YORK CHARTER TOWNSHIP
AN ORDINANCE TO REPEAL ORDINANCE NO. 120 OF YORK CHARTER TOWNSHIP
IN ITS ENTIRETY AND ESTABLISH NEW COMPREHENSIVE, UNIFORM
REQUIREMENTS FOR USE OF THOSE PORTIONS OF THE PROPOSED YORK
CHARTER TOWNSHIP SANITARY SEWER COLLECTION SYSTEM CONSISTENT AND
IN CONNECTION WITH WASTEWATER COLLECTION AND PUBLICLY OWNED
TREATMENT WORKS OF THE YPSILANTI COMMUNITY UTILITIES AUTHORITY,
AND IN ACCORDANCE WITH PROVISIONS OF THE CLEAN WATER ACT (PUBLIC
LAW 92-500, AS AMENDED, 33 U.S.C. 1251, ET SEQ.) AND THE GENERAL
PRETREATMENT REGULATIONS (40 CFR PART 403); TO PROVIDE FOR THE
ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; AND FOR THE
REPEAL OF ORDINANCES IN CONFLICT HEREWITH.
(Short Title: York Charter Township Sewer Use Ordinance/YCUA Division).
At a regular meeting of the Charter Township of York Board of Trustees held on December 14, 2010, the abovementioned
Ordinance was introduced and presented for first reading and such first reading was approved at said
meeting. Consideration for adoption of this Ordinance will be part of the agenda at the next regularly scheduled
meeting of the York Township Board.
Publication of the proposed Ordinance was made by posting, and a copy of the proposed Ordinance may be
reviewed and inspected, in the Office of the York Township Clerk, 11560 Stony Creek Road, Milan, MI 48160,
and on the Township’s website at www.twp-york.org pursuant to Section 8 of the Charter Township Act, being
MCL 42.8,3(b).
Helen Neill, Clerk, York Charter Township
Published: January 6, 2011
YORK CHARTER TOWNSHIP
WASHTENAW COUNTY, MICHIGAN
ORDINANCE NO. ____
AN ORDINANCE TO REPEAL ORDINANCE NO. 120 OF YORK CHARTER TOWNSHIP IN
ITS ENTIRETY AND ESTABLISH NEW COMPREHENSIVE, UNIFORM REQUIREMENTS
FOR USE OF THOSE PORTIONS OF THE PROPOSED YORK CHARTER TOWNSHIP
SANITARY SEWER COLLECTION SYSTEM CONSISTENT AND IN CONNECTION WITH
WASTEWATER COLLECTION AND PUBLICLY OWNED TREATMENT WORKS OF THE
YPSILANTI COMMUNITY UTILITIES AUTHORITY, AND IN ACCORDANCE WITH
PROVISIONS OF THE CLEAN WATER ACT (PUBLIC LAW 92-500, AS AMENDED, 33
U.S.C. 1251, ET SEQ.) AND THE GENERAL PRETREATMENT REGULATIONS (40 CFR
PART 403); TO PROVIDE FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF; AND FOR THE REPEAL OF ORDINANCES IN CONFLICT
HEREWITH.
THE CHARTER TOWNSHIP OF YORK ORDAINS:
ARTICLE I - GENERAL PROVISIONS
Sec. 1-1. Short Title.
This Ordinance shall be known and may be cited as the “York Charter Township Sewer Use
Ordinance/YCUA Division.”
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Sec. 1-2. Applicability of Ordinance.
This Ordinance shall apply to all Users of the wastewater sewer system in York Charter Township who
or which are located in Urban Service Districts of the Township and which sanitary sewers are tributary to the
wastewater collection and publicly owned treatment facility of the Ypsilanti Community Utilities Authority
(“YCUA”).
ARTICLE II - NONDOMESTIC USERS GENERALLY
Sec. 2-1. Applicability of Ordinance.
This Ordinance shall apply to all Nondomestic Users that discharge into the Ypsilanti Community
Utilities Authority’s (YCUA) publicly owned treatment works (the “POTW”). In addition, it shall be unlawful
for any User located outside the Township limits to continue discharges to the POTW except as provided in this
Ordinance. In addition, this Ordinance shall establish permit requirements for connections or alterations to
Township or YCUA sewage works facilities or the POTW; govern the design, construction, alteration or use of
and connection to the sewage works and POTW; regulate the discharge of wastewater into the sewage works
and POTW; prohibit certain detrimental conduct; authorize the issuance of permits; authorize inspections;
provide for administration and enforcement of this Ordinance; establish civil and criminal penalties for
violations; and authorize the enforcement of and ensure compliance within the Township of the Federal Water
Pollution Control Act, the Clean Water Act and the Michigan Natural Resources and Environmental Protection
Act, more specifically defined herein, and regulations promulgated and adopted under said acts and statutes.
Sec. 2-2. Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed
to them in this Section, except where the context clearly indicates a different meaning:
Act, “the Act,” the Federal Water Pollution Control Act and the Clean Water Act are used
interchangeably in this Ordinance and refer to Public Law 92-500, as adopted in 1972 and amended by Public
Law 95-217 in 1977, and any succeeding amendments and any administrative rules promulgated thereunder, as
amended or revised from time to time.
Alternative discharge limit means limits set by the YCUA in lieu of the promulgated national
categorical pretreatment standard for integrated facilities in accordance with the combined wastestream formula
as set by the EPA.
Authorized representative of Industrial User means (1) A responsible corporate officer, if the Industrial
User is a corporation, who shall be a president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation or means the principal manager of one or more manufacturing, production, or
operation facilities employing more than 250 persons or having a gross annual sales or expenditures exceeding
$25,000,000.00 (in second quarter 1980 dollars) if authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures; (2) A general partner or proprietor if the Industrial User is
a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated
above and if all of the following apply:
(a) The authorization is made in writing by the individual described in subsections 1 or 2 of
this definition.
(b) This authorization specifies either an individual or a position having responsibility for the
overall operation of the facility from which 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
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(c) The written authorization is submitted to the Director. 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 this definition shall be submitted to the Director or
YCUA prior to or together with any reports to be signed by an authorized representative.
Best Management Practices (BMP) means programs, practices, procedures or other directed efforts,
initiated and implemented by Users, which can or do lead to the reduction, conservation or minimization of
pollutants being introduced into the ecosystem, including but not limited to the Ypsilanti Community Utilities
Authority (YCUA) publicly owned treatment system. BMPs include, but are not limited to, equipment or
technology modifications, process or procedure modifications, reformulation or design of products, substitution
of raw materials, and improvements in housekeeping, maintenance, training, or inventory control, and may
include technical and economic considerations. BMPs may be structural or non-structural or both. In
determining what BMPs will be required of an User in a particular case, the Director may consider all relevant
technological, economical, practical, and institutional considerations as determined relevant and appropriate by
the Director, consistent with achieving and maintaining compliance with the requirements of this Ordinance and
other applicable laws and regulations.
Best Management Practices Plan (BMPP) means a written document that describes how the BMPs will
be accomplished.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at 20 degrees Celsius expressed in terms of
weight and concentration (milligrams per liter).
Board means the Board of Commissioners of the Ypsilanti Community Utilities Authority.
Building drain means that part of the lowest horizontal piping of a drainage system which receives the
drainage from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building wall.
Building sewer means that extension from the building drain to the public sewer or other places of
disposal.
Bypass means intentional diversion of wastestreams from any portion of an Industrial User’s treatment
facility.
Chemical oxygen demand (COD) means a measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater. 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. Also known as OC and DOC, oxygen
consumed and dichromate oxygen consumed, respectively.
Chlorine demand means the difference between the amount of chlorine added to water or wastewater
and the amount of residual chlorine remaining at the end of a specified contact period. The demand for any
given water varies with the amount of chlorine applied, time of contact and temperature.
City means the City of Ypsilanti, or the City Council of Ypsilanti.
Combined sewer means a sewer receiving both surface runoff and sewage.
Combined wastestream means the wastestream at industrial facilities where regulated process effluent is
mixed with other wastewaters (either regulated or unregulated) prior to treatment.
Compatible pollutant means a substance amenable to treatment in the wastewater treatment plant such
as biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants
identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutants, and
in fact does remove such pollutant to a substantial degree. Examples of such additional pollutants may include:
chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds,
fats, oils and greases of animal or vegetable origin.
Composite sample means a sample formed either by continuous sampling or by mixing discrete
samples obtained at intervals over a period of time. The individual samples shall be obtained through
flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab
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sampling is authorized by the YCUA. Where time-proportional composite sampling or grab sampling is
authorized by the YCUA, the samples must be representative of the Discharge. Manual generation of a
composite sample through the collection and combining of grab samples may be approved if the User
demonstrates to the satisfaction of the Director that this will provide a representative sample of the
effluent being discharged. The decision to allow the alternative sampling must be documented in the
Industrial User’s file for that facility or facilities. Composite sampling protocols delineated in the User’s
permit take precedence.
Cooling water means the water discharged from any use such as air conditioning, cooling or
refrigeration, or to which the only pollutant added is heat.
Daily maximum means the concentration or mass loading that shall not be exceeded on any single
calendar day. Where daily maximum limitations are expressed in terms of a concentration, the daily
discharge is the arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day. Where daily maximum limitations are expressed in units of mass, the daily
discharge is the total mass discharged during the day. If a composite sample is required for a parameter,
the determination whether the daily maximum limitation for that parameter has been exceeded on a single
calendar day shall be based on the composite sample collected for that parameter on that calendar day. If
grab samples are required for a parameter, the determination whether the daily maximum limitation for
that parameter has been exceeded on a calendar day shall be based on the average of all grab samples
collected for that parameter on that calendar day. If only one grab sample is collected for a parameter on a
given day, the determination whether the daily maximum limitation for that parameter has been exceeded
for the day shall be based on the results of that single grab sample. If the pollutant concentration in any
sample is less than the applicable detection limit, that value shall be regarded as zero (0) when calculating
the daily maximum concentration.
Debt service charges means the charges levied to customers of the wastewater system which are
used to pay principal, interest and administrative costs of retiring the debt incurred for construction of the
sewage works.
Department of Natural Resources and Environment or DNRE means the State of Michigan
Department of Natural Resources and Environment, Administrator or other duly authorized official.
Director means the Director of the YCUA or his authorized deputy, agent or representative.
Domestic sewage means waste and wastewater from humans or household operations, which is
discharged to, or otherwise enters, a POTW.
Environmental protection agency, or EPA means the U.S. Environmental Protection Agency,
administrator or other duly authorized official.
“Fats, Oils, and Grease” (FOG) means any hydrocarbons, fatty acids, soaps, fats, waxes, oils, or
any other non-volatile or semi-volatile material of animal, vegetable or mineral origin that is extractable
by solvents in accordance with standard methods.
Flow Proportional Sample means a composite sample taken with regard to the flow rate of the
wastestream.
Food Service Establishment (FSE) means a Nondomestic User that engages in one or more of the
following food preparation activities: cooking by frying (all methods); baking (all methods); grilling;
sautéing, rotisserie cooking; broiling (all methods); boiling; blanching; roasting; toasting; poaching;
infrared heating; searing; barbecuing; and any other food preparation activity that produces a hot, nondrinkable
food product in or on a receptacle that requires washing.
Footing drain means a pipe or conduit, which is placed around the perimeter of a building
foundation and which intentionally admits ground water.
Garbage means solid wastes from the preparation, cooking and dispensing of food and from the
handling, storage and sale of produce.
Grab sample means a sample taken from a wastestream on a 1-time basis over a period of time of
not more than 15 minutes without regard to the flow in the wastestream.
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Holding tank waste means any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
Incompatible pollutants means any pollutant which is not a compatible pollutant.
Industrial User means a person who contributes, causes, or permits wastewater to be discharged
into the POTW, including, but not limited to, a place of business, endeavor, arts, trade, or commerce,
whether public or private, commercial or charitable, but excludes single family and multi-family
residential dwellings with discharges consistent with domestic waste characteristics.
Industrial User Permit or Industrial User Pretreatment Permit means a discharge permit issued
by the Director under this Ordinance and the YCUA Industrial Pretreatment Program.
Industrial wastes means the wastewater discharges from industrial, manufacturing, trade or
business processes, or wastewater discharge from any structure with these characteristics, as distinct from
their employee’s domestic wastes or wastes from sanitary conveniences.
Infiltration means that portion of groundwater which is unintentionally admitted to a sewer.
Interference means a discharge, alone or in conjunction with a discharge or discharges from other
sources, to which both of the following provisions apply: (1) the discharge inhibits or disrupts the
publicly owned treatment works, its treatment processes or operations, or its sludge processes, use or
disposal; (2) pursuant to paragraph (1) of this definition, the discharge is a cause of a violation of any
requirement of the YCUA or the Act or the State Act, including an increase in the magnitude or duration
of a violation, or of the prevention of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued there under, or more stringent state or local
regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act, 42 USC Section 2601 et.
seq., including Title II, more commonly referred to as the Resource Conservation and Recovery Act, and
including State Regulations contained in any State Sludge Management Plan prepared pursuant to subtitle
D of the Solid Waste Disposal Act: the Clean Air Act, 42 USC Section 7401 et. seq.; the Toxic
Substances Control Act, 15 USC Section 2601 et. seq.; the Marine Protection, Research, and Sanctuaries
Act, 33 USC Section 1401 et. seq.
Instantaneous maximum concentration means the maximum concentration of a pollutant allowed
to be discharged at any instant in time (independent of the flow rate or duration of the sampling event). If
the concentration determined by analysis of any grab sample, composite sample, or discrete portion of a
composite sample exceeds the instantaneous maximum concentration, the instantaneous maximum
concentration shall be deemed to have been exceeded. Any discharge of a pollutant at or above a
specified instantaneous maximum concentration is a violation of this Ordinance and the YCUA Industrial
Pretreatment Program.
Mercury reduction plan means a plan to ensure that the maximum allowable mercury loading to
the POTW is not exceeded as described in Section 5-6 of this Ordinance.
National categorical pretreatment standard, categorical pretreatment standard, or categorical
standard means any regulation containing pollutant discharge limits promulgated by the EPA in
accordance with Sections 307(b) and (c) of the Clean Water Act, 33 USC Section 1317, which apply to a
specific category of Nondomestic Users and which appear in 40 CFR Chapter I, subchapter N (1990),
parts 405-471.
National pollutant discharge elimination system or NPDES permit means a permit issued
pursuant to Section 402 of the Act (33 USC 1342).
National prohibitive discharge standard or prohibitive discharge standard means any regulation
developed under the authority of 307(b) of the Act and 40 CFR 403.5.
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Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface or
ground water.
New source means any building, structure, facility, or installation from which there is or may be a
discharge and for which construction commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Clean Water Act will be applicable to the source if the standards are thereafter
promulgated in accordance with Section 307(c), and if any of the following provisions apply: (1) the
building, structure, facility, or installation is constructed at a site at which no other source is located; (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 of wastewater-generated
processes of the building, structure, facility, or installation is substantially independent of an existing
source at the same site. The extent to which the new facility is engaged in the same general type of
activity as the existing source and the extent of integration of the new facility with the existing plant
should be considered in determining whether the process is substantially independent.
Nondomestic User means an industry, commercial establishment, or other entity that discharges
wastewater to a publicly owned treatment works other than, or in addition to, sanitary sewage.
Operation and maintenance means all work, materials, equipment, utilities, administration, and
other effort required to operate and maintain the sewage works consistent with insuring adequate
treatment of wastewater to produce an effluent in compliance with the NPDES permit and other
applicable State and Federal Regulations, and includes the cost of replacement.
Operator means the person responsible for the overall operation of a facility.
Owner means the person who owns a facility or part of a facility.
Pass through means a discharge that exits the WWTP into State waters in quantities or
concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a
cause of a violation of any requirement of the Act, the State Act, or the NPDES permit, including an
increase in the magnitude or duration of a violation.
Person means any individual, partnership, copartnership, firm, company, corporation, limited
liability company, association, joint stock company, trust, estate, governmental entity, or any other legal
entity or its legal representatives, agents, or assigns. The masculine gender shall include the feminine and
the singular shall include the plural where indicated by the context.
pH means the logarithm (base ten) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution or expressed in Standard Units (SU).
Pollutant means any of the following: substances regulated by categorical standards; substances
discharged to the POTW that are required to be monitored, are limited in the POTW’s permit, or are or
are to be identified in the POTW’s permit application; substances for which control measures on
Nondomestic Users are necessary to avoid restricting the approved residuals management program of the
POTW; substances for which control measures on Nondomestic Users are necessary to avoid operational
problems at the POTW; substances for which control measures on nondomestic sources are necessary to
avoid worker health and safety problems in the POTW.
Pollution means the manmade or man-induced alteration of the chemical, physical, biological, or
radiological integrity of water.
Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing
such pollutants into the sewage works. The reduction or alteration can be obtained by physical, chemical
or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment, other than a pretreatment standard, imposed on a Nondomestic User.
Pretreatment standards means any regulation containing pollutant discharge limits promulgated
in accordance with Section 307(b) and (c) of the Clean Water Act and the State Act. This term includes
prohibited discharges and local limits defined in R 323.2303 and categorical standards.
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Properly shredded garbage means garbage that 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 in any dimension.
Publicly owned treatment works means the treatment works owned and/or operated by the YCUA
and includes any devices and systems used in the storage, treatment, recycling, and reclamation of
municipal sewage or industrial wastes of a liquid nature. The term also includes sewers, pipes, and other
conveyances if they convey wastewater to or through the publicly owned treatment works. The term also
means the municipality (the Charter Township of York) that has jurisdiction over indirect discharges to,
and discharges from, the treatment works.
Public sewer means a sewer in which all owners of abutting properties have equal rights, and is
controlled by public authority.
Replacement means the replacement in whole or in part of any equipment in the wastewater
transportation or treatment systems to ensure continuous treatment of wastewater in accordance with the
NPDES permit and other state and federal regulations.
Sanitary Sewer means a sewer which carries sewage and to which storm, surface and ground
waters are not intentionally admitted.
Severe property damage means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial or permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
Sewage or wastewater means the liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater,
surface water, and stormwater that may be present, whether treated or untreated, which is contributed into
or permitted to enter the sewage works.
Sewage treatment or wastewater treatment plant means any arrangement of devices and
structures used for treating sewage.
Sewage works means all municipal facilities for collecting, pumping, treating and disposing of
sewage.
Sewer means a pipe or conduit for carrying sewage.
Sewer service charge means the sum of any applicable User charges, surcharges, and debt service
charges.
Shall is mandatory; may is permissive.
Significant Industrial User (SIU) means either of the following: (1) A Nondomestic User subject
to categorical pretreatment standards under 40 CFR S403 (1992) and 40 CFR Chapter I, subchapter N
(1990); or (2) A Nondomestic User that, in the opinion of YCUA or of the Township, has a reasonable
potential to adversely affect the POTW’s operation, or for violating any pretreatment standard or
requirement or that contributes a process wastestream which makes up five percent or more of the average
dry weather hydraulic or organic capacity of the POTW treatment plant, or that discharge an average of
25,000 gallons per day or more of process wastewater to the POTW, excluding sanitary, noncontact
cooling, and boiler blowdown wastewater.’ Any User designated as significant may petition the
Township to be deleted from the list of Significant Industrial Users on the grounds that it has no potential
for adversely affecting the POTW’s operation or violating any pretreatment standard or requirement. The
Director may determine that a User that meets the criteria of Subsections (1) and (2) of this definition
above is not currently a Significant Industrial User, if the Director finds that the User has no reasonable
potential to adversely affect the operation of the POTW, to violate any pretreatment standard or
requirement, or that an Industrial User Permit is not required to meet the purposes and objectives of this
Ordinance. A determination that a User is not a Significant Industrial User (or that a permit is therefore
not required) shall not be binding and may be reversed by the Director at any time based on changed
circumstances, new information, or as otherwise determined necessary by the Director to meet the
purposes and objectives of this Ordinance.
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Significant noncompliance means any of the following: (1) chronic violations of wastewater
discharge limits, defined as results of analyses in which 66% or more of all of the measurements taken for
the same pollutant parameter during a 6-month period exceed, by any magnitude, a numeric Pretreatment
Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(I); (2) technical
review criteria (TRC) violations, defined as results of analyses in which 33% or more of all of the
measurements taken for the same pollutant parameter taken during a 6-month period equal or exceed the
product of the Pretreatment Standard or Requirement including instantaneous limits, as defined by 40
CFR 403.3(I) multiplied by the applicable technical review criteria. (Technical review criteria equals 1.4
for compatible pollutants and 1.2 for all other pollutants, except pH.); (3) any other violation of a
Pretreatment Standard or Requirement as defined by 40 CFR 403.3(I), (daily maximum, longer-term
average, instantaneous limits, or Narrative Standard) that the YCUA determines has caused, alone or in
combination with other discharges, interference or pass-through, including endangering the health of
Township or YCUA personnel or the general public; (4) any discharge of a pollutant that has caused
imminent endangerment to human health, welfare, or the environment or has resulted in the YCUA’s
exercise of its emergency authority under Rule 323.2306(a) (vi) of the Part 23 Rules under the State Act
or its emergency authority under this Ordinance to halt or prevent the discharge; (5) failure to meet,
within ninety (90) days after a scheduled date, a compliance schedule milestone contained in a YCUA or
other local control mechanism or enforcement order for starting construction, completing construction, or
attaining final compliance; (6) failure to provide, within thirty (30) days after the due date, a required
report such as, but not limited to, a baseline monitoring report, 90 day or other compliance report,
periodic self-monitoring report, or report on compliance with a compliance schedule; (7) failure to timely
or accurately report noncompliance; or (8) any other violation or group of violations, which may include a
violation of Best Management Practices, that YCUA determines will affect or has adversely affected the
operation or implementation of the YCUA pretreatment program or operation of the POTW.
Slug, Slug Loading, Slug Discharge means either: (1) Any discharge of pollutants at a volume or
concentration that causes upset of or interference with the POTW or causes the pass-through of pollutants
to receiving waters; (2) Any discharge of a pollutant(s), measured by a grab sample, at a concentration
exceeding five (5) times the composite or grab sample discharge limit; (3) Any discharge of wastewater
outside the pH range of 5 - 11 S.U. for either a continuous duration of greater than or equal to fifteen
minutes or for a sum total of thirty minutes within one day; or (4) Any discharge of a non-routine,
episodic nature, including but not limited to, an accidental spill or non-customary batch discharge.
State means State of Michigan.
State Act means Public Act 451 of 1994, the Natural Resources and Environmental Protection Act
(NREPA), as amended, and any administrative rules promulgated thereunder, as amended or revised from
time to time.
Storm sewer or storm drain means a sewer which carries storm and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
Stormwater means any flow occurring during or following any form of natural precipitation and
resulting therefrom.
Surcharge means an extra charge to cover the cost of treating, sampling, and testing extra
strength sewage.
Suspended solids means the total suspended matter that floats on the surface of, or is suspended
in, water, wastewater, or other liquids, and which is removable by laboratory filtering.
Township means the Charter Township of York, Michigan or its Board of Trustees.
Toxic pollutant means any pollutant or combination of pollutants which is or can potentially be
harmful to the public health or the environment including those listed as toxic in regulations promulgated
by the administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or
other acts.
User means any person who contributes, causes, or permits the contribution of wastewater into
the sewage works.
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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 PL 92-500 and includes the cost of
replacement.
User class means the kind of User connected to sanitary sewers including but not limited to
residential, industrial, commercial, institutional, and governmental, defined as follows: (1) Residential
User means a User of the treatment works whose premises or buildings are used primarily as a domicile
for one or more persons, including dwelling units such as detached, semidetached, and row houses,
mobile homes, apartments, or permanent multifamily dwellings (transient lodging is not included, it is
considered commercial); (2) Industrial User means any User who discharges an “industrial waste” as
defined in this Ordinance or any nondomestic source who discharges pollutants to the sewage works or
POTW; (3) Commercial User means an establishment involved in a commercial enterprise, business or
service which, based on a determination by the YCUA discharges primarily segregated domestic wastes
or wastes from sanitary conveniences and which is not a Residential User or an Industrial User; (4)
Institutional User means any establishment involved in a social, charitable, religious, or educational
function which, based on a determination by the YCUA discharges primarily segregated domestic wastes
or wastes from sanitary conveniences; and (5) Governmental User means any Federal, State, or local
government User of the wastewater treatment works.
Waters of the State means 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.
Sec. 2-3. Abbreviations.
The following abbreviations shall have the following meanings:
ASTM -- American Society for Testing and Materials
BMP -- Best Management Practices
BMPP -- Best Management Practices Plan
BOD -- Biochemical oxygen demand
CFR -- Code of Federal Regulations
COD -- Chemical oxygen demand
CWA -- Clean Water Act
DNRE -- Department of Natural Resources and Environment (State of Michigan)
EPA -- Environmental Protection Agency
FOG -- Fats, Oils, and Grease
l -- liter
MRP -- Mercury Reduction Plan
mg -- milligrams
mg/l -- milligrams per liter
NPDES -- National Pollutant Discharge Elimination System
O&M -- Operation and Maintenance
POTW -- Publicly Owned Treatment Works
SIC -- Standard Industrial Classification
SS -- Suspended solids
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USC -- United States Code
WWTP -- The Ypsilanti Community Utilities Authority Wastewater Treatment Plant
WEF -- Water Environment Federation
YCUA -- Ypsilanti Community Utilities Authority
Sec. 2-4. Protection from Damage.
It shall be unlawful for any unauthorized person to maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a
part of the sewage works or POTW.
ARTICLE III - ADMINISTRATION AND ENFORCEMENT
Sec. 3-1. Permit or Authorization Required.
It shall be unlawful to discharge to the waters of the State within the Township, or in any area
under the jurisdiction of such Township and/or to the sewage works, any wastewater except as provided
by an NPDES permit and/or as authorized by the Township and the YCUA in accordance with the
provisions of this Ordinance.
Sec. 3-2. Information Required Prior to Connection to System.
All Industrial Users proposing to connect to or to contribute to the sewage works shall submit
information on the use, processes and wastewater to the Director before connecting to or contributing to
the sewage works. The information submitted must be sufficient for the YCUA to determine the impact of
the User’s discharge on the sewage works and the need for pretreatment. The User shall submit, in units
and terms appropriate for evaluation, the following information:
(1) The name, address and location of the User.
(2) The SIC number according to the Standard Industrial Classification Manual, Bureau of the
Budget, 1972, as amended and the Industrial Category subject to National Categorical
Pretreatment Standards, 40 CFR, Chapter 1, Subchapter N, Part 403, Appendix C, if applicable.
(3) Wastewater constituents and characteristics including but not limited to those pollutants
mentioned in Sections 5-2 through 5-12 of this Ordinance, when required by the Director, as
determined by a reliable analytical laboratory. Sampling and analysis shall be performed in
accordance with the techniques prescribed in 40 CFR part 136 (March 26, 2007), as amended
from time to time. Where 40 CFR part 136 (March 26, 2007) does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the part 136
(March 26, 2007) sampling and analytical techniques are inappropriate for the pollutant in
question, sampling and analysis shall be performed by using validated analytical methods of any
other applicable sampling and analytical procedures, including procedures suggested by the
publicly owned treatment works or other parties, approved by the EPA.
(4) The time and duration of contribution.
(5) The average daily wastewater flow rates, including daily, monthly, and seasonal variations, if
any.
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(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer
connections, and appurtenances by the size, location and elevation, if the User is a SIU or as
required by the YCUA.
(7) A description of activities, facilities and plant processes on the premises including all materials,
which are or could be discharged.
(8) The nature and concentration of any pollutants in the discharge which are limited by any YCUA,
State, or Federal pretreatment standards, and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and if not, whether additional
operation and maintenance and/or additional pretreatment is required by the Industrial User to
meet applicable pretreatment standards.
(9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the
shortest schedule by which the User will provide such additional pretreatment shall be provided.
The completion date in this schedule shall not be later than the compliance date established for
the applicable pretreatment standard. The following conditions shall apply to this schedule:
(a) 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 additional pretreatment required for the User to meet the applicable pretreatment
standards.
(b) No increment referred to in subsection (9)a of this Section shall exceed nine months.
(c) Not later than fourteen (14) days following each date in the schedule and the final date
for compliance, the User shall submit a progress report to the Director including, as a
minimum, whether or not it complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the User to return the construction to
the schedule established. In no event shall more than nine months elapse between such
progress reports to the Director.
(10) Each product produced by type, amount, process, or processes and rate of production.
(11) The type and amount of raw materials processed, average and maximum per day.
(12) The number and type of employees, hours of operation of plant and proposed or actual hours of
operation of pretreatment system.
(13) Any other information as may be deemed by the Director to be necessary to evaluate the impact
of the discharge on the sewage works.
Sec. 3-3. Reporting Required After Promulgation or Revision of a Pretreatment
Standard and Reporting from a New Source.
Within 180 days or the promulgation or revision of a categorical pretreatment standard, or 180
days after the final administrative decision made upon a category determination submission under R
323.2311(2) of the Part 23 Rules promulgated under the State Act, whichever is later, existing
Nondomestic Users subject to the categorical pretreatment standards and currently discharging, or
scheduled to discharge, to the POTW shall submit, to the YCUA, a report that contains all of the
information listed in this Section. Where reports containing this information already have been submitted
to the YCUA or EPA in compliance with the requirements of 40 C.F.R. S128.140(b) (1977), the
Nondomestic User will not be required to submit the information again. Not less than ninety (90) days
before the commencement of a discharge, sources that become Nondomestic Users subsequent to the
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promulgation of an applicable categorical standard and new sources shall be required to submit, to the
YCUA, a report that contains the information listed in subdivisions (1) to (5)of this Section. New sources
shall also be required to include in this report information on the method of pretreatment the source
intends to use to meet applicable pretreatment standards. New sources shall give estimates of the
information requested in subdivisions (4) and (5) of this Section. All of the following information shall
be submitted pursuant to this Section.
(1) The name and address of the facility including the name of the operator and owners.
(2) A list of any environmental control permits held by or for the facility.
(3) A brief description of the nature, average rate of production, and standard industrial classification
of the operation or operations carried out by the Nondomestic User. The description shall include
a facility drawing and schematic process diagram that indicates points of discharge to the POTW
and from which processes the discharges originate.
(4) Information showing the measured average daily and maximum daily flow, in gallons per day, to
the POTW for each of the following:
(a) Regulated process streams.
(b) Other streams as necessary to allow use of the combined wastestream formula specified
in R 323.2311(6). YCUA may allow for verifiable estimates of these flows where
justified by cost or feasibility considerations.
(5) All of the following information shall be provided with respect to the measurement of pollutants:
(a) The identity of the pretreatment standards, including state or local standards, applicable
to each regulated process.
(b) The results of sampling and analysis identifying the nature and concentration or mass,
where required by the standard or YCUA, of regulated pollutants in the discharge from
each regulated process. Both, daily maximum and average concentration or mass, where
required, shall be reported. The sample shall be representative of daily operations.
(c) A minimum of 4 grab samples shall be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples
shall be obtained through flow-proportional composite sampling techniques. The YCUA
may waive flow-proportional composite sampling for any Nondomestic User that
demonstrates that time-proportional sampling is representative of the discharge during the
sampling period. Samples obtained through time-proportional composite sampling
techniques or through a minimum of 4 grab samples may be approved by the Director or
designee when the User demonstrates that this will provide a representative sample of the
effluent being discharged.
(d) With the exception of the pollutants specified in paragraph (c) of this subsection, the User
shall take a minimum of 1 representative sample to compile the data necessary to comply
with the requirements of this subsection.
(e) Samples should be taken immediately downstream from pretreatment facilities if the
facilities exist or immediately downstream from the regulated process if pretreatment
facilities do not exist. If other wastewaters are mixed with the regulated wastewater
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before pretreatment, the Nondomestic User should measure the flows and concentrations
necessary to allow use of the combined wastestream formula specified in R 323.2311(7)
to evaluate compliance with the pretreatment standards. Where an alternate
concentration or mass limit has been calculated in accordance with R 323.2311(5), the
adjusted limit and supporting data shall be submitted to YCUA.
(f) Sampling and analysis shall be performed in accordance with the techniques prescribed in
40 C.F.R. part 136 (March 26, 2007). Where 40 C.F.R. part 136 (March 26, 2007) does
not contain sampling or analytical techniques for the pollutant in question, or where the
EPA. determines that the Part 136 (March 26, 2007) sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by YCUA or other parties, approved by the
EPA.
(g) The YCUA may allow the submission of a baseline report that utilizes only historical
data if the data provides information sufficient to determine the need for industrial
pretreatment measures.
(h) The baseline report shall indicate the time, date, and place of sampling and the methods
of analysis and shall certify that the sampling and analysis is representative of normal
work cycles and expected pollutant discharges to the POTW.
(6) A statement, reviewed by an authorized representative of the Nondomestic User and certified by a
qualified professional, indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance or additional pretreatment is
required for the Nondomestic User to meet the pretreatment standards and requirements.
(7) If additional pretreatment or operation and maintenance will be required to meet the pretreatment
standards, the shortest schedule by which the Nondomestic User will provide such additional
pretreatment or operation and maintenance. The completion date in the schedule shall not be later
than the compliance date established for the applicable pretreatment standard. All of the
following conditions shall apply to compliance schedules:
(a) 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 additional pretreatment required for the Nondomestic User to meet the applicable
categorical pretreatment standards. The events may include any of the following: (i) The
hiring of an engineer; (ii) Completing preliminary plans; (iii) Completing final plans; (iv)
Executing contracts for major components; (v) Commencing construction; (vi)
Completing construction; or (vii) Other similar major events;
(b) An increment referred to in this subsection shall not be more than 9 months.
(c) Not later than fourteen (14) days following each date in the schedule and the final date
for compliance, the Nondomestic User shall submit a progress report to YCUA,
including, at a minimum, whether or not the User complied with the increment of
progress to be met on a particular date and, if not, the date on which the User expects to
comply with the increment of progress, the reason for delay, and the steps being taken by
the Nondomestic User to return the construction to the schedule established. Not more
than 9 months shall elapse between progress reports to YCUA.
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(8) Where the Nondomestic User’s categorical pretreatment standard has been modified by a removal
allowance under R 323.2311(7) or a fundamentally different factors variance under R
323.2313(b) at the time the Nondomestic User submits the report required by this rule, the
information required by subsections (6) and (7) of this Section shall pertain to the modified limits.
(9) Any changes to information requested under subsections (1) to (5) of this Section shall be
submitted by the Nondomestic User to YCUA within sixty (60) days.
Sec. 3-4. Additional Reporting Required and Periodic Report Requirements.
Within ninety (90) days following the date for final compliance with applicable categorical
pretreatment standards or, in the case of a new source, following commencement of the introduction at of
wastewater into the sewage works, POTW or the WWTP, any Nondomestic User subject to pretreatment
standards and requirements shall submit to the Director and/or YCUA a report containing the information
required in subsections (4) through (6), inclusive, of Section 3-3 of this Article. For Industrial Users
subject to equivalent mass or concentration limits established by YCUA in accordance with the
procedures in R 323.2311(5) of the Part 23 Rules promulgated under the State Act or otherwise
established by the Act or the State Act or rules promulgated thereunder, the report shall contain a
reasonable measure of the Nondomestic User’s long-term production rate. For all other Nondomestic
Users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge
per unit of production, or other measure of operation, the report shall include the Nondomestic User’s
actual production during the appropriate sampling period.
(1) The YCUA may impose mass limitations on Users which are using dilution to meet applicable
pretreatment standards or requirements, or in other cases in which the imposition of mass
limitations is appropriate.
(2) All of the following provisions shall apply to periodic reports on continued compliance:
(a) Any Nondomestic User subject to a categorical pretreatment standard after the
compliance date of the pretreatment standard or, in the case of a new source, after
commencement of the discharge into the publicly owned treatment works shall submit, to
the YCUA semiannually, unless required more frequently in the pretreatment standard or
by the YCUA, a report indicating the nature and concentration of pollutants in the
effluent that are limited by the categorical pretreatment standards. In addition, the report
shall include a record of measured or appropriately estimated average and maximum
daily flows for the reporting period for the discharge reported in subsection 3-3 (4) of this
Ordinance, except that YCUA may require more detailed reporting of flows.
(b) Where YCUA has imposed mass limitations on Nondomestic Users as provided for by R
323.2311(5) of the Part 23 Rules promulgated under the State Act or where such
limitations are otherwise established by the Act or the State Act or Rules promulgated
thereunder, the report required by subsection (1) immediately above shall indicate the
mass of pollutants regulated by pretreatment standards in the discharge from the
Nondomestic User.
(c) For Nondomestic Users subject to equivalent mass or concentration limits established by
the YCUA or under the Act or the State Act or Rules promulgated thereunder, the report
required by subsection (1) immediately above shall contain a reasonable measure of the
Nondomestic User’s long-term production rate. For all other Nondomestic Users subject
to categorical pretreatment standards expressed only in terms of allowable pollutant
discharge per unit of production, or other measure of operation, the report required by
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subsection (1) immediately above shall include the Nondomestic User’s actual average
production rate for the reporting period.
(3) All categorical and non-categorical Nondomestic Users shall notify the YCUA immediately of all
discharges that could cause problems to the POTW, including any slug loadings.
(4) All of the following provisions apply to significant Industrial Users that are categorical Industrial
Users or Non-categorical Industrial Users in regards to monitoring and analysis to demonstrate
continued compliance:
(a) The reports required in Section 3-3 of this Ordinance or in this Section shall contain the
results of sampling and analysis of the discharge, including the flow and the nature and
concentration, or production and mass where requested by the YCUA, of pollutants
contained in the discharge that are limited by the applicable pretreatment standards. The
sampling and analysis may be performed by the YCUA instead of the Nondomestic User.
Where the YCUA elects to perform the required sampling and analysis instead of the
Nondomestic User, the Nondomestic User will not be required to submit the compliance
certification required under Section 3-3(6) and subsection (1) of this Section. In addition,
where the YCUA collects all the information required for the report, including flow data,
the Nondomestic User will not be required to submit the report. The YCUA shall
provide, to the Nondomestic User, within ten (10) days after the results are available, the
results of any sampling the YCUA performs for Nondomestic User self-monitoring that
show a violation of any pretreatment standard. Any certification required by a
categorical pretreatment standard shall be included with the semiannual compliance
reports.
(b) If sampling performed by a Nondomestic User indicates a violation of pretreatment
standards, the Nondomestic User shall notify the YCUA within 24 hours of becoming
aware of the violation. The Nondomestic User shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the YCUA within thirty (30) days after
becoming aware of the violation; however, the Nondomestic User is not required to
resample if the YCUA performs sampling at the Nondomestic User at a frequency of at
least once per month or if the YCUA performs sampling at the Nondomestic User
between the time when the Nondomestic User performs its initial sampling and the time
when the Nondomestic User receives the results of the sampling.
(c) The reports required in subsection (c) of this Section shall be based upon data obtained
through appropriate sampling and analysis performed during the period covered by the
report, which data is representative of conditions occurring during the reporting period.
The YCUA may require a frequency of monitoring that is necessary to assess and assure
compliance by Nondomestic Users with applicable pretreatment standards and
requirements.
(d) All analyses shall be performed in accordance with procedures established by the E.P.A.
pursuant to Section 304(h) of the clean water act and contained in 40 C.F.R. part 136
(March 26, 2007) or with any other test procedures approved by the E.P.A. Sampling
shall be performed in accordance with the techniques approved by the E.P.A. Where the
provisions of 40 C.F.R. part 136 (March 26, 2007) do not include sampling or analytical
techniques for the pollutants in question, or where the E.P.A. determines that the part 136
(March 26, 2007) sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analyses shall be performed using validated analytical methods
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or any other sampling and analytical procedures, including procedures suggested by the
YCUA or other parties and approved by the E.P.A.
(e) If a Nondomestic User monitors any pollutant more frequently than required by the
YCUA using the procedures prescribed in subsection (d) immediately above, the results
of the monitoring shall be included in the report.
(f) A minimum of one (1) grab samples shall be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples
shall be obtained through flow-proportional composite sampling techniques. The YCUA
may waive flow-proportional composite sampling for any Nondomestic User that
demonstrates that time-proportional sampling is representative of the discharge during the
sampling period. Samples obtained through time-proportional composite sampling
techniques or through a minimum of 4 grab samples may be approved by the Director or
designee when the User demonstrates that this will provide a representative sample of the
effluent being discharged.
(6) The YCUA may require appropriate reporting from Nondomestic Users that have discharges,
which are not subject to categorical pretreatment standards. Significant Industrial Users shall
submit, to the YCUA, at least semiannually, a description of the nature, concentration, and flow
of the pollutants required to be reported by the YCUA. The reports shall be based on sampling
and analysis performed in the period covered by the report and performed in accordance with
the techniques described in 40 C.F.R. part 136 (March 26, 2007). Where the provisions of 40
C.F.R. part 136 (March 26, 2007) do not contain sampling or analytical techniques for the
pollutant in question, or where the E.P.A. determines that the part 136 (March 26, 2007) sampling
and analytical techniques are inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other applicable sampling and
analytical procedures, including procedures suggested by the YCUA or other persons and
approved by the E.P.A. The sampling and analysis may be performed by the YCUA instead of the
significant Industrial User. Where the YCUA collects all of the information required for the
report, the significant Industrial User will not be required to submit the report. The YCUA shall
provide, to the Nondomestic User, within ten (10) days after the results are available, the results
of any sampling it performs for Nondomestic User self-monitoring that show a violation of any
pretreatment standard. Where YCUA performs sampling for a significant Industrial User, YCUA
must perform any required repeat sampling and analysis within thirty (30) days of becoming
aware of a violation.
(7) All periodic compliance reports shall be certified and signed by the authorized representative of
the Industrial User. The authorized representative shall state the following certification when
submitting the periodic compliance reports to YCUA: “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 fine and
imprisonment for knowing violations.”
Sec. 3-5. Powers of the YCUA.
Wastewater discharges shall be expressly subject to all provisions of this Ordinance, the Act and
State Act, and all other applicable regulations established by the YCUA. The YCUA may:
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(1) Limit the average and maximum wastewater constituents and characteristics.
(2) Limit the average and maximum rate and time of discharge or make requirements for flow
regulations and equalization.
(3) Require the installation and maintenance of inspection and sampling facilities.
(4) Establish specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests and reporting schedule.
(5) Establish compliance schedules.
(6) Require submission of technical reports or discharge reports.
(7) Require the maintaining, retaining and furnishing of plant records relating to wastewater
discharge as specified by the YCUA, and affording YCUA access thereto, and copying thereof.
(8) Require notification of slug discharges and accidental spills.
(9) Require other conditions as deemed appropriate by the YCUA to ensure compliance with this
Ordinance, the Act and the State Act. The YCUA shall require notification of the YCUA for any
new introduction of wastewater constituents or any substantial change in the volume or character
of the wastewater constituents being introduced into the wastewater treatment system.
Sec. 3-6. Sampling and Monitoring Facilities may be Required.
The YCUA shall, when determined necessary by the Director, require to be provided and
operated at the User’s own expense, monitoring facilities to allow inspection, sampling, and flow
measurement of the building sewer and/or internal drainage systems. The facility, sampling, and
measuring equipment shall be maintained at all times in a safe and proper operating condition at the
expense of the User. Whether constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with plans and specifications submitted to and approved by the
YCUA and all applicable local construction standards and specifications. Construction shall be completed
within ninety (90) days following written notification by the YCUA.
Sec. 3-7. Right to Access of Facilities for Inspection, Sampling, Records Examination, Record
Copying or Other Duties.
The YCUA shall inspect the facilities of any User to ascertain whether the purpose of this
Ordinance is being met and all requirements are being complied with. Persons or occupants of premises
where wastewater is created or discharged shall allow the YCUA or its representative ready access at all
reasonable times to all parts of the premises for the purposes of inspection, sampling, records
examination, records copying or in the performance of any of their duties. The YCUA, DNRE, and EPA
shall have the right to set up on the User’s property, at the User’s expense, such devices as are necessary
to conduct sampling inspection, compliance monitoring and/or metering operations. Where a User has
security measures in force which would require proper identification and clearance before entry into their
premises, the User shall make necessary arrangements with their security guards or other appropriate
personnel so that upon presentation of suitable identification, personnel from the YCUA, DNRE, and
EPA will be permitted to enter, without delay, for the purposes of performing their specific
responsibilities.
Sec. 3-8. Compliance with Ordinance Provisions Required.
(1) Industrial Users shall provide necessary wastewater treatment as required to comply with this
Ordinance, the Act and State Act and shall achieve compliance with all pretreatment standards
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within the time limitations as specified by the federal pretreatment regulations and as required by
the YCUA, the Act or the State Act. Any Industrial User that qualifies as a new source is required
to have pretreatment equipment installed and operational before discharging and shall be in full
compliance within ninety (90) days of initial discharge. Any facilities required to pretreat
wastewater to a level acceptable to the YCUA shall be provided, operated, and maintained at the
User’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall
be submitted to the YCUA for review, and shall be approved by the YCUA before construction of
the facility. The review of such plans and operating procedures will in no way relieve the User
from the responsibility of modifying the facility as necessary to produce an effluent acceptable to
the YCUA under the provisions of this Article, the Act or the State Act. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported to and be acceptable to the
YCUA prior to the User’s initiation of the changes.
(2) As required by Section 403.8(D)(viii) of the Federal Register, the YCUA shall publish at least
annually in a newspaper(s) of general circulation that provides meaningful public notice within
the jurisdiction(s) served by the POTW of the Industrial Users which, during the previous 12
months, were in significant noncompliance with any applicable pretreatment requirements. All
records relating to compliance with pretreatment standards shall be made available to officials of
the EPA or DNRE upon request.
Sec. 3-9. Confidentiality of Information.
Information and data on a User obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available to the DNRE and the EPA
without restriction and shall be available to the public without restriction unless the User specifically
requests and is able to demonstrate to the satisfaction of the Director that the release of such information
would divulge information, processes or methods of production entitled to protection as trade secrets of
the User, in accord with applicable provisions of the State Freedom of Information Act, Public Act 442 of
1976, as amended and Rule 323.2314 of the Part 23 Rules promulgated under the State Act.
Sec. 3-10. Enforcement by Township.
All orders, directives, legal and/or equitable actions, which are necessary and appropriate to
enforce this Ordinance, the Act, and State Act shall be carried out by YCUA and/or the Township.
Nothing contained in subsection (a) of this Section shall preclude the Township or YCUA from
instituting, maintaining or joining any legal and/or equitable actions to enforce this Ordinance, the Act,
and State Act.
Sec. 3-11. Records, Accounts, Audits, Classification of Users, Insurance.
(1) The YCUA will maintain and keep proper books of records and accounts, separate from all other
records and accounts, in which shall be made full and correct entries of all transactions relating to
the POTW. The YCUA will cause an annual audit of such books of record and account for the
preceding operating year to be made by a recognized independent certified public accountant, and
will supply such audit report to authorized public officials on request.
(2) In conjunction with the audit there shall be an annual review of the sewer charge system for
adequacies meeting expected expenditures for the following year.
(3) Classification of old and new Industrial Users may also be reviewed annually.
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(4) The YCUA will maintain and carry insurance on all physical properties of the system, of the
kinds and in the amounts normally carried by public utility companies and municipalities engaged
in the operation of sewage disposal systems.
(5) Retention of Records. A User shall retain records of all monitoring information, including, all
calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this Ordinance, an order, or a permit,
all documentation associated with Best Management Practices, and the records of all data used to
complete the application for a permit, for a period of at least three years from the date of a
sample, measurement, report application or orders. This period may be extended by the Ypsilanti
Community Utilities Authority at any time.
Sec. 3-12. Powers and Authority of Inspectors.
The Director and other duly authorized employees of the Ypsilanti Community Utilities Authority
bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose
of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this
Ordinance, the Act, and State Act.
Sec. 3-13. Enforcement Process.
(1) Emergency Suspension. The Director may suspend the wastewater treatment service and/or any
permit issued under this Ordinance when such a suspension is necessary, in the opinion of the
Director, in order to stop an actual or threatened discharge that presents or may present an
imminent or substantial danger to the health or welfare of persons or the environment, the POTW,
or constitutes a violation of any condition of a NPDES or other permit, this Ordinance, the Act, or
State Act. Any User notified of a suspension of wastewater treatment services or a permit shall
immediately stop or eliminate its discharge into a Township or YCUA sanitary sewer. If a User
fails to immediately comply with such a suspension order and as required in this Section, the
YCUA shall take such steps as deemed necessary, including immediate termination or severance
of the User’s sewer connection to prevent or minimize damage to any person, the POTW or the
environment. The YCUA shall allow the User to recommence its discharge upon receipt of proof
of compliance with this Ordinance and the elimination of the discharge and/or identified danger.
A User whose wastewater treatment service or permit has been suspended under this Ordinance
shall submit, within fifteen (15) days of the suspension, a written statement to the Director
describing the causes of the harmful discharge and the measures taken to prevent future harmful
discharges in addition to other information required by this Ordinance or otherwise required by
the Act or State Act under such circumstances.
(2) Notice Letter. The minimum enforcement response that the Director or his/her designee will use
to notify a User that a violation of the local applicable sewer use ordinance or YCUA Industrial
Pretreatment Program has occurred or is occurring.
(3) Notification of Violation. Whenever the Director finds that any User has violated or is violating
any provision of this Ordinance or a wastewater discharge permit, an order issued under this
Ordinance, the Act, or State Act, the Director may serve upon said User written notice of the
violation. Within thirty (30) days of receipt of such notice the User shall submit to the Director
or designee an explanation of the violation and a written plan for satisfactory correction.
Submission of this plan does not relieve the User of liability for any violations occurring before
or after receipt of the notice of violation or as otherwise provided in this Ordinance, the Act, or
State Act.
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(4) Show Cause Order. The Director may order any User violating this Ordinance or the IPP, a
permit, an order issued under this Ordinance, the Act, or State Act, to show cause why a proposed
enforcement action should not be taken. The show cause notice shall require the User to appear
before the Director for a show cause meeting within a reasonable time, not less than ten (10) days
after first class mailing of the order to the User’s recorded or last known address. Enforcement
action may be pursued whether or not a User appears at a show cause meeting and issuance of a
show cause order does not relieve the User of liability for any violation occurring before or after
receipt of the notice or as otherwise provided in this Ordinance, the Act, or State Act.
(5) Consent Order. The Director is empowered to enter into Consent Orders, Assurances of
Voluntary Compliance and other similar documented agreements establishing an agreement with
a User responsible for non-compliance with an order, permit, this Ordinance, the Act, or State
Act. Such a document may include compliance schedules, stipulated fines or penalties, the
amount of which shall not be limited by the civil fine assessment provision of this Ordinance,
remedial actions and signatures of the Director and User. Consent Orders or similar documented
agreements prepared and executed under this Section shall have the same force and effect as other
orders issued under this Ordinance.
(6) Compliance Order. When the Director finds that a User has violated or continues to violate this
Ordinance, a permit, an order issued under this Ordinance, the Act, or State Act, an order may be
issued to the User directing that, following a specified time period, sewer service shall be
discontinued unless adequate treatment facilities, devices or other related appurtenances have
been installed and are properly operated and compliance is otherwise achieved. Such an order
may contain other requirements as might be reasonably necessary and appropriate to address the
non-compliance, including, but not limited to, the installation of pre-treatment technology,
additional self-monitoring and new management practices. Issuance of a compliance order does
not relieve the User of liability for any violation occurring before or after receipt of the notice or
as otherwise provided in this Ordinance, the Act, or State Act.
(7) Cease and Desist Order. When the Director finds that a User has violated or continues to
violate this Ordinance, a permit, an order issued under this Ordinance, the Act, or State Act, an
order may be issued to the User responsible for the violation directing that such violations cease
and desist immediately. In an emergency, the order to cease and desist may be given by
telephone. In a non-emergency situation, the cease and desist order may be used to suspend or
permanently revoke an industrial wastewater discharge permit or permits. A cease and desist
order may require the User to take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including halting operations and
terminating the discharge. Issuance of a cease and desist order does not relieve the User of
liability for any violation occurring before or after receipt of the order or as otherwise provided in
this Ordinance.
(8) Termination of Wastewater Discharge Permit. Any User who has a permit who violates the
following conditions of a wastewater discharge permit or violates this Ordinance, the Act, or
State Act or any applicable State or Federal law or regulation is subject to permit termination:
(a) Failure to accurately report wastewater constituents and characteristics;
(b) Failure to report significant changes in operations or wastewater constituents and
characteristics;
(c) Refusal of reasonable access to the User’s premises or records for the purpose of
inspection, monitoring or sampling or for any other purpose permitted under this
Ordinance, the Act, or State Act;
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(d) Failure to comply with an order issued under this Ordinance; or
(e) For those reasons stated in Section 3-18 or for any other reason permitting such
termination as provided in this Ordinance, the Act, or State Act.
Such Users shall be notified of the proposed permit termination and shall be offered an
opportunity to show cause under the provision of subsection (4) of this Section, why the proposed
action should not be taken.
(9) Administrative Assessments. Notwithstanding any other section of this Ordinance, any User
who violates any provision of this Ordinance, a permit, an order issued under this Ordinance, the
Act, or State Act, shall be liable to the YCUA and/or Township for any expense loss or damage
occasioned by reason of such violation, including but not limited to reasonable attorney’s fees
and may be subject to an administrative assessment by the YCUA in an amount of $1,000 per
violation, per day. Each day on which non-compliance shall occur or is continued shall be
deemed a separate and distinct violation. Such expense, loss, damage or assessments may be
added to a User’s sewer service charges and the YCUA and the Township shall have such other
collection rights and remedies as designated by law, the Act, the State Act, and this Ordinance to
collect these sewer service charges.
(10) Judicial Remedies. A person who violates any provision of this Ordinance, a permit, an order
issued under this Ordinance, the Act, or State Act, is subject to the judicial remedies described
below in addition to being responsible for a civil fine assessment or a misdemeanor or any
administrative remedy or enforcement action provided for in this Ordinance:
(a) Whenever a User has violated or continues to violate the provisions of this Ordinance, a
permit, an order issued under this Ordinance, the Act, or the State Act, the Director,
through counsel, may petition the Circuit Court for issuance of a preliminary or
permanent injunction or both to restrain or compel certain activities on the part of the
User.
(b) Any User who has violated or continues to violate any order or permit issued hereunder
may be liable to the YCUA in such judicial proceedings for a civil fine assessment of
$1,000, plus actual damages, direct or indirect, incurred by the YCUA, per violation, per
day, for as long as the violation continues. Additionally, the YCUA may recover
reasonable attorney’s fees, court costs and other expenses associated with any
enforcement activities, including sampling, monitoring and analysis expenses.
(c) The Director, through counsel, may petition the Circuit Court to impose, assess, and
recover such assessments and sums. In determining the amount of liability, the court
shall take into account all relevant circumstances, including, but not limited to the extent
of harm caused by the violation, the magnitude or duration of the violation, any economic
benefit gained by the User through the violation, corrective actions by the User, the
compliance history of the User and any other relevant factor.
(11) Liens. Any fine or other assessment issued or imposed under this Ordinance or other costs or
charges imposed under this Ordinance may be added to the User’s sewer service charges and the
YCUA shall have such other collection rights and remedies as designated by law and this Article
to collect said charges and all unpaid charges, fines, assessments, penalties and service charges
shall constitute and may be recorded as a lien against the User’s property if not paid within the
time frame allocated by YCUA or a court for payment.
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(12) Appeals. Any person or User subject to enforcement action under the provisions of this
Ordinance, the Act, or State Act, except for civil fine assessment notices, consent orders,
emergency actions under this Ordinance or judicial actions by YCUA, may request a hearing
before the Director within ten (10) days of receipt of notification of the proposed enforcement
action. A hearing shall then be held by the Director concerning the violation, the reasons why the
enforcement action has been taken, the proposed enforcement action, and the User’s explanation
or other relevant evidence. An appeal may be taken from the Director’s final decision. The
following rules shall apply to the hearing and appeal:
(a) The Director may issue notices of such a hearing requiring the attendance and testimony
of witnesses or the production of evidence relative to the hearing.
(b) In the event a request for hearing is not filed within ten (10) days of the User’s notice of
an enforcement action, failure to file such a request shall be deemed a waiver of any and
all hearing or appeal rights established under this Ordinance.
(c) A request for hearing shall state the basis for the request, the reasons in support of the
request and any alternative relief which the aggrieved party seeks.
(d) During the pendency of any hearing process or appeal the User must comply with the
enforcement action or YCUA order from which the appeal is taken.
(e) At the hearing, testimony may be taken under oath and recorded stenographically. A
transcript of the hearing shall be made available to any member of the public or any party
to the hearing upon payment of usual and reasonable charges.
(f) After the Director has held such a hearing and reviewed the evidence, he may issue an
order affirming, modifying or withdrawing the enforcement action.
(g) Within fifteen (15) days from receipt of the Director’s final decision, the aggrieved party
may appeal the decision to the Board stating the grounds on which the appeal is based
together with all documents, evidence, transcripts and information in support of the
aggrieved party’s position. In addition, the aggrieved party shall file five (5) copies of
the appeal and supporting documentation with the Board and serve an additional copy on
the Director.
(h) The Director shall have thirty (30) days to respond to the appeal and to submit all
evidence, documents and information in support of the Director’s decision and shall file
five (5) copies with the Board and shall serve an additional copy on the aggrieved party.
(i) Within thirty (30) days of receiving the Director’s response the Board shall meet and
review all documents and evidence pertaining to the appeal and shall issue an order
affirming the Director’s order, affirming the Director’s order in part and reversing in part,
or reversing the Director’s order in full. The Board shall forward a copy of its decision to
all interested parties.
(13) Industrial Pretreatment Program (IPP) and Enforcement Response Plan (ERP). This
Ordinance, the Act, and State Act shall also be enforced by the YCUA pursuant to a written
Industrial Pretreatment Program adopted by YCUA as required by the Act and State Act which
plan shall include those plan elements required by the Act and State Act including, but not limited
to, an Enforcement Response Plan designed to achieve enforcement of that Program. That
Enforcement Response Plan shall provide for, at minimum, those powers of enforcement granted
by this Ordinance, the Act, and State Act.
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(14) Time Limits. YCUA’s failure to strictly comply with and/or to meet an enforcement procedure
time deadline or other time deadline specified in this Ordinance, the Act. State Act, or the
Enforcement Response Plan, shall not prohibit or prevent YCUA from taking enforcement or
other action outside of or not in compliance with such time deadline, unless the User or permitee
in question has been and is able to demonstrate that it has been materially prejudiced by action
taken by YCUA outside of or not in compliance with such a time deadline.
Sec. 3-14. Enforcement Process - Surcharges, Fees.
The Director shall also establish appropriate surcharges or fees to reimburse the YCUA for the
additional cost of operation and maintenance of the sewage works or POTW due to the violations of this
Ordinance, the Act, or State Act.
Sec. 3-15. Pre-treatment Permit - Requirements for Nondomestic Users.
(1) All Nondomestic Users must notify the Director of the nature and characteristics of their
wastewater prior to commencing their discharge. The Director is authorized to prepare a form for
this purpose.
(2) It shall be unlawful for Significant Industrial Users to discharge wastewater, either directly or
indirectly, into the sewage works or POTW without first obtaining an Industrial User
pretreatment permit from the YCUA. Any violation of the terms and conditions of an Industrial
User pretreatment permit shall be deemed a violation of this Ordinance. Obtaining an Industrial
User pretreatment permit does not relieve a permittee of its obligation to obtain other permits
required by Federal, State, or local law.
(3) The Director may require that other Industrial Users, including liquid waste haulers, obtain
Industrial User pretreatment permits as necessary to carry out the purposes of this Ordinance.
(4) Any Industrial User located beyond the Township limits shall submit a permit application within
sixty (60) days of the effective date of the ordinance from which this Ordinance is derived. New
Industrial Users located beyond the Township limits shall submit such applications to the
Director sixty (60) days prior to discharging into the sewage works or POTW. Upon review and
approval of such application, the Director may enter into a contract with the User which requires
the User to subject itself to, and abide by this Ordinance, including all permitting, compliance
monitoring, reporting, and enforcement provisions contained in this Ordinance, the Act, or State
Act.
(5) Any Significant Industrial User which discharges nondomestic waste into the sewage works or
POTW prior to the effective date of the ordinance from which this Ordinance is derived and who
wishes to continue such discharges in the future, shall, within ninety (90) days after such date,
apply to the YCUA for an Industrial User pretreatment permit and shall not cause or allow
discharges to the POTW to continue after 180 days from and after the effective date of the
ordinance from which this Ordinance is derived except in accordance with a permit issued by the
Director.
(6) Any Significant Industrial User proposing to begin or recommence discharging nondomestic
wastes into the sewage works or POTW must obtain a pretreatment permit prior to beginning or
recommencing such discharge. An application for this permit must be filed at least sixty (60) days
prior to the anticipated start up date.
Sec. 3-16. Pretreatment Permit - Application.
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In order to be considered for a pretreatment permit, all Industrial Users required to have a permit must
submit the information required by Section 3-2 on an application form approved by the Director.
(1) When required, plans must be certified for accuracy by a state - registered professional engineer.
(2) All applications must contain the following certification statement and be signed by an authorized
representative of the Industrial User: “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 fine and
imprisonment for knowing violations.”
(3) The Director will evaluate the data furnished by the Industrial User and may require additional
information. After evaluation of the data furnished, the Director may issue an Industrial User
pretreatment permit subject to terms and conditions provided herein.
(4) At the time an application for a permit is made, the User shall pay to YCUA a permit fee in an
amount established from time to time by the Board, which fee shall be refunded to the User in the
event the permit is denied. In addition to the above-stated permit fee, the User shall pay to
YCUA a nonrefundable permit application fee equal to YCUA’s expenses, and YCUA expenses
incurred in hiring laboratories, engineers, or other consultants, for the purpose of evaluating the
permit application submitted by the User to YCUA.
Sec. 3-17. Pretreatment Permit - Contents.
Pretreatment permits shall include such conditions as are reasonably deemed necessary by the
Director to prevent pass through or interference, protect the quality of the water body receiving the
POTW’s effluent, protect worker health and safety, facilitate POTW sludge management and disposal,
protect ambient air quality, and protect against damage to the POTW collection system or plant and
ensure compliance with this Ordinance, the Act, and State Act. Permits shall contain a statement of the
duration of the permit which shall not be more than five (5) years; a statement of permit nontransferability
without prior notification to the YCUA and provision of a copy of the existing permit to the new owner or
operator; effluent limits based on applicable general pretreatment standards, categorical pretreatment
standards, local limits, and State and local law; self monitoring, sampling, reporting, notification, and
record keeping requirements, including identification of the pollutants to be monitored, sampling location,
sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical
pretreatment standards, local limit, and State and local law; and a statement of applicable civil and
criminal penalties for violation of pretreatment standards and requirements and any applicable compliance
schedule. The schedule may not extend the compliance date beyond applicable Federal or State deadlines.
Permits may contain, but need not be limited to, the following:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements
for flow regulation and equalization.
(2) Limits on the average and/or maximum concentration, mass, or other measure of identified
wastewater constituents or properties.
(3) Requirements for the installation of pretreatment technology or construction of appropriate
containment devices, or similar requirements designed to reduce, eliminate, or prevent the
introduction of pollutants into the sewage works or POTW.
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(4) Development and implementation of spill control plans or other special conditions including
additional management practices necessary to adequately prevent accidental, unanticipated, or
routing discharges.
(5) The unit charge or schedule of User charges and fees for the management of the wastewater
discharged to the sewage works or POTW.
(6) Requirements for installation and maintenance of inspection and sampling facilities.
(7) Specifications for monitoring programs which may include sampling locations, frequency of
sampling, number, types, and standards for tests, and reporting schedules.
(8) Compliance schedules.
(9) Requirements for submission of technical reports or discharge reports.
(10) Requirements for maintaining and retaining plant records relating to wastewater discharge as
specified by the Director and affording the Director, or his representatives, access thereto.
(11) Requirements for notification of any new introduction of wastewater constituents or of any
substantial change in the volume or character of the wastewater being introduced in the sewage
works or POTW.
(12) Requirements for the notification of any change in the manufacturing and/or pretreatment process
used by the permittee.
(13) Requirements for notification to YCUA of excessive, accidental, or slug discharges.
(14) Other conditions as deemed appropriate by the Director to ensure compliance with this Ordinance
and State and Federal laws, rules, and regulations, including the Act and State Act.
(15) A statement that compliance with the permit does not relieve the permittee of responsibility for
compliance with all applicable Federal, State, or local pretreatment standards or limits, including
those which become effective during the term of the permit.
Sec. 3-18. Pretreatment Permit - Issuance Process.
(1) Permits shall be issued for a specified time period, not to exceed five years. A permit may be
issued for a period less than five years, at the discretion of the Director.
(2) The Director will provide all interested persons with notice of final permit terms. Upon notice by
the Director, any person, including the Industrial User, may petition to appeal the terms of the
permit within thirty (30) days of the notice.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the
appeal.
(b) In its petition, the appealing party must indicate the permit provisions objected to, the
reasons for this objection, and the alternative condition, if any, it seeks to be placed in the
permit.
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(c) The effectiveness of the permit shall not be stayed pending a reconsideration by the
Board. If, after considering the petition and any arguments put forth by the Director, the
Board determines that reconsideration is proper, it shall remand the permit back to the
Director for reissuance. Those permit provisions being reconsidered by the Director shall
be stayed pending reissuance.
(d) A Board’s decision not to reconsider a final permit shall be considered final
administrative action for purposes of judicial review.
(3) The Director may modify or terminate the permit for good cause including, but not limited to, the
following:
(a) To incorporate any new or revised Federal, State, or local pretreatment standards or
requirements.
(b) Material or substantial alterations or additions to the discharger’s operation processes, or
discharge volume or character which were not considered in drafting the effective permit.
(c) A change in any condition in either the Industrial User or the POTW that requires either a
temporary or permanent reduction or elimination of the authorized discharge.
(d) Information indicating that the permitted discharge poses a threat to the sewage works or
POTW or POTW personnel or the receiving waters.
(e) Violation of any terms or conditions of the permit.
(f) Misrepresentation or failure to disclose fully all relevant facts in the permit application or
in any required reporting.
(g) Revision of or a grant of variance from such categorical standards pursuant to 40 CFR
403.13.
(h) To correct typographical or other errors in the permit.
(i) To reflect transfer of the facility ownership and/or operation to a new owner/operator.
(j) Upon request of the permittee, provided such request does not create a violation of any
applicable requirements, standards, laws, or rules and regulations.
(k) Falsifying self-monitoring reports.
(l) Tampering with monitoring equipment.
(m) Refusing to allow timely access to the facility premises and records.
(n) Failure to meet effluent limitations.
(o) Failure to pay fines.
(p) Failure to pay sewer charges.
(q) Failure to meet compliance schedules.
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(r) As provided in Section 3-13.
(4) The filing of a request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not stay any
permit condition.
(5) Permits may be reassigned or transferred to a new owner and/or operator with prior approval of
the Director, if:
(a) The permittee must give at least thirty (30) days advance notice to the Director; and
(b) The notice must include a written certification by the new owner which:
i. States that the new owner has no immediate intent to change the facility’s
operations and processes;
ii. Identifies the specific date on which the transfer is to occur; and
iii. Acknowledges full responsibility for complying with the existing permit.
(6) The User shall apply for permit reissuance by submitting a complete permit application a
minimum of ninety (90) days prior to the expiration of the User’s existing permit. An expired
permit will continue to be effective and enforceable until the permit is reissued, if:
(a) The Industrial User has submitted a complete permit application at least ninety (90) days
prior to the expiration date of the User’s existing permit; and
(b) The failure to reissue the permit, prior to expiration of the previous permit, is not due to
any act or failure to act on the part of the Industrial User.
(7) Nothing in this Ordinance shall be construed as preventing any special agreement or arrangement
between the POTW and any User whereby wastewater of unusual strength or character is
accepted into the POTW and specially treated and subject to any payments or User charges, as
may be applicable. However, no discharge which violates pretreatment standards will be allowed
under the terms of such special agreements. If, in the opinion of the Director, the wastewater may
have the potential to cause or result in any of the following circumstances, no such special
agreement will be made:
(a) Pass through or interference; or
(b) Endanger municipal employees or the public.
Sec. 3-19. Penalty for Violation of Ordinance; Liability of User.
(1) Any person who violates any provision of this Ordinance, a permit, an order issued under this
Ordinance, the Act, or State Act, shall become liable to the Township for and may be subject to a
civil fine assessment of $1000.00 per violation, per day, plus any costs, damages and expenses,
direct or indirect, incurred by the Township or YCUA in connection with the violation. Each day
on which a violation continues shall be deemed a separate and distinct violation.
(2) Any person who violates any provision of this Ordinance that is listed below shall be guilty of a
misdemeanor, and upon conviction is subject to a fine of not more than $500, exclusive of any
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civil fine assessment or other costs, damages and expenses, or by imprisonment for not more than
ninety (90) days, or both. Misdemeanor violations include:
(a) intentional unpermitted discharge;
(b) falsification of a monitoring report or the making of any false statement, representation,
or certification in any application, record, report, plan, or other document filed or
required to be maintained pursuant to this Ordinance;
(c) improper sampling, with evidence of an intent to falsify or mislead;
(d) intentional failure to install monitoring equipment after a deadline established by an order
issued under this Ordinance or the tampering with or knowingly rendering inaccurate any
monitoring device or equipment or method required under this Ordinance;
(e) intentional recurring violation of a compliance schedule in a permit or a violation of a
compliance schedule in an order issued under this Ordinance; or
(f) illegal discharge when the discharge causes harm and there is evidence of intent.
Sec. 3-20. Funding/Fees.
(1) The purpose of this section is to provide for the recovery of costs from Users of the POTW. The
applicable charges or fees established by the Board shall be sufficient to meet the costs of the
operation, maintenance, improvement, or replacement of the system, or as provided by law or by
Board action.
(2) The Board shall adopt charges and fees which shall include, but not necessarily limited to:
(a) Fees for reimbursement of costs of establishing, operating, maintaining, or improving the
YCUA’s Industrial Pretreatment Programs; and Enforcement Response Plan;
(b) User fees based upon volume of waste and concentration or quantity of specific
pollutants in a discharge, and to cover other treatment costs including sludge handling
and disposal;
(c) Reasonable fees for reimbursement of costs for enforcement hearings or other
enforcement action including, but not limited to, expenses regarding hearings, officers,
court reporters, and transcriptions; and
(d) Other fees, which the Board may deem necessary to carry out the requirements contained
herein and contained in other IPP and ERP, or as may be required by law.
ARTICLE IV - BUILDING SEWERS AND CONNECTIONS
Sec. 4-1. Permit Required.
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or
disturb any public sewer or appurtenance thereof or any part of the sewage works or POTW without first
obtaining a written permit from the Director.
Sec. 4-2. Classes of Permits; Application; Fees.
There shall be two classes of building sewer permits: (1) For residential and commercial service;
and (2) For service to establishments producing industrial wastes. In either case, the owner or his agent
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shall make application on a special form furnished by the Township or YCUA The permit application
shall be supplemented by any plans, specifications, or other information considered pertinent, in the
judgment of the Township or YCUA. A permit and inspection fee for a residential or commercial building
sewer permit and for an industrial building sewer permit shall be paid to the Township at the time the
application is filed.
Sec. 4-3. Costs of Connection to be Borne by Owner; Indemnification of Township and
YCUA.
All costs and expenses incident to the installation and connection of the building sewer shall be
borne by the owner. The owner shall indemnify the Township and the YCUA from any loss or damage
that may directly or indirectly be occasioned by the installation of the building sewer.
Sec. 4-4. Separate Building Sewer for Each Building Required; Exception.
A separate and independent building sewer shall be provided for every building; except where
one building stands at the rear of another on an interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer
from the front building may be extended to the rear building and the whole considered as one building
sewer.
Sec. 4-5. Use of Old Building Sewers with New Buildings.
Old building sewers may be used in connection with new buildings only when they are found, on
examination and test by the Township or YCUA, to meet all requirements of this Ordinance.
Sec. 4-6. Construction Specifications.
The size, slope, alignment, and materials of construction of a building sewer; and the methods to
be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or other applicable rules and regulations of the
Township or YCUA. In the absence of the Code provisions or in amplification thereof, the materials and
procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9 shall
apply.
Sec. 4-7. Elevation.
Whenever possible, the building sewer shall be brought to the building at an elevation below the
basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and
discharged to the building sewer.
Sec. 4-8. Prohibited Connections.
(1) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains,
or other sources of surface runoff or groundwater to a building sewer or building drain which, in
turn, is connected directly or indirectly to a public sanitary sewer or combined sewer.
(2) The YCUA shall not allow any connection to the sanitary sewer unless there is sufficient capacity
in the sewage works to convey and adequately treat the additional wastewater from the proposed
connection.
Sec. 4-9. Connection Specifications.
(1) The connection of the building sewer into the public sewer shall conform to the requirements of
the building and plumbing code or other applicable rules land regulations of the YCUA or the
procedures set forth in appropriate specifications of the ASTM and the WEF Manual of Practice
No. 9. All such connections shall be made gastight and watertight.
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(2) Any deviation from the prescribed procedures and materials must be approved by the YCUA
before installation.
Sec. 4-10. Inspection; Supervision of Connection.
The contractor installing the building sewer shall notify the YCUA when the building sewer is
ready for inspection and connection to the public sewer. The connection shall be made under the
supervision of YCUA.
Sec. 4-11. Guards for Excavations; Restoration of Public Property.
All excavations for building sewer installation shall be adequately guarded with barricades and
lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner satisfactory to the Township and YCUA.
ARTICLE V - USE OF PUBLIC SEWERS
Sec. 5-1. Required.
(1) It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary
manner upon public or private property within the Township, or in any area under its jurisdiction,
any human or animal excrement, garbage, or other objectionable waste.
(2) It shall be unlawful to discharge to any natural outlet, any sanitary sewage, industrial wastes, or
other polluted water, except where suitable treatment has been provided in accordance with
provisions of this Ordinance.
(3) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy
vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(4) The owner of all houses, buildings, or properties used for human occupancy, employment,
recreation or other purpose situated within the Township and abutting on any street, alley or rightof-
way in which there is now located or may in the future be located a public sanitary sewer or
combined sewer of the Township, is hereby required at his expense to install suitable sewage
facilities therein, and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Ordinance, within ninety (90) days after the date of official
notice to do so provided that such public sewer is within 200 feet of the property line.
Sec. 5-2. Unpolluted Discharges.
(1) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater,
water from footing drains, roof water, or other unpolluted water to any sanitary sewer or sewer
connection except as otherwise provided in this Ordinance. Any premises connected to a storm
sewer shall comply with County, State and Federal requirements as well as those by the
Township and the YCUA.
(2) Stormwater, groundwater, water from footing drains and all other unpolluted drainage shall be
discharged into such sewers as are specifically designated as combined sewers, or to a natural
outlet, except as otherwise provided in this Ordinance. Industrial cooling water or unpolluted
process waters may be discharged upon application and approval of the YCUA and the
appropriate state agency to a storm sewer, or natural outlet.
Sec. 5-3. Fats, Oils, and Grease (FOG) Interceptor and Sand Interceptors.
Fats, oils, and grease (FOG) and Sand Interceptors shall be provided when, in the opinion of the
Director, they are necessary for the proper handling of liquid wastes containing fats, oils, or grease
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discharges in which the concentration in a grab sample exceeds the 100 mg/l limit, or any flammable
wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for singlefamily
or multiple-family dwelling units. All Interceptors shall be of a type and capacity approved by the
Director and shall be located as to be readily and easily accessible for cleaning and inspection. Fats, oils,
and grease Interceptors shall be constructed of impervious materials capable of withstanding abrupt and
extreme changes in temperature. They shall be of substantial construction, watertight and equipped with
easily removable covers which when bolted into place shall be gastight and watertight. When installed, all
Fats, Oils, and Grease and Sand Interceptors shall be maintained by the owner, at his expense, in
continuously efficient operation at all times. A User may petition the Director for an exemption from
having to install a Fats, Oils, and Grease (FOG) Interceptor in accordance with provisions specified in the
YCUA FOG Mitigation Program Policy, as amended from time to time. Upon approval by the Director,
YCUA’s Contract Communities that have a Fats, Oil, and Grease Ordinance/Policy can implement said
Ordinance/Policy in lieu of this Section and the YCUA Fats, Oils, and Grease Mitigation Program Policy.
Sec. 5-4. Prohibited Discharges.
No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or
wastewater which will pass through or interfere with the operation or performance of the sewage works.
A User may not contribute the following substances to the sewage works:
(1) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient
either alone or by interaction with other substances to cause fire or explosion or be injurious in
any other way to the sewage works or to the operation of the sewage works.
(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other
interference with the operation of the wastewater treatment facilities.
(3) Any wastewater having a pH less than 5.0 or greater than 11.0; or wastewater having any other
corrosive property capable of causing damage or hazard to structures, equipment, or personnel of
the sewage works.
(4) Any wastewater containing toxic pollutants or of high chlorine demand in sufficient quantity,
either singly or by interaction with other pollutants, to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving
waters of the sewage works, or exceed the limitation set forth in the EPA categorical pretreatment
standard, or any other Federal, State, or county standards.
(5) Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause work health and safety problems. This prohibition includes, but is not
limited to, wastewaters which contain liquids, solids, or gases that cause gases, vapors, or fumes
from the discharge to exceed ten (10%) percent of the immediately dangerous to life and health
(IDLH) concentration. Discharges which contain more than one pollutant which may contribute
to fume toxicity shall be subject to more restrictive limitations, as determined necessary by the
Director. The more restrictive discharge limits shall be calculated based on the additive fume
toxicity of all compounds identified or reasonably expected to be present in the discharge.
(6) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with
other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent
entry into the sewers for maintenance and repair.
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(7) Any substance, which may cause the sewage, works such as residues, sludges, or scums to be
unsuitable for land application or reclamation and reuse or to interfere with the reclamation
process.
(8) Any substance, which will cause the sewage, works to violate its NPDES permit or the receiving
water quality standards.
(9) Any wastewater with color of sufficient light absorbency to interfere with treatment plant process,
prevent analytical determinations, or create any aesthetic effect on the treatment plant effluent,
such as, but not limited to, dye wastes and vegetable tanning solutions.
(10) Daily maximum concentration or mass loading shall not be exceeded on any single calendar day.
Where daily maximum limitations are expressed in terms of a concentration, the daily discharge
is the arithmetical measurement of the pollutant concentration derived from all measurements
taken that day. Where daily maximum limitations are expressed in units of mass, the daily
discharge is the total mass discharged during the day. If a composite sample is required for a
parameter, the determination whether the daily maximum limitation for that parameter has been
exceeded on a single calendar day shall be based on the composite sample collected for that
parameter on that calendar day. If grab samples are required for a parameter, the determination
whether the daily maximum limitation for that parameter has been exceeded on a calendar day
shall be based on the average of all grab samples collected for that parameter on that calendar
day. If only one (1) grab sample is collected for a parameter on a given day, the determination
whether the daily maximum limitation for that parameter has been exceeded for the day shall be
based on the results of that single grab sample. If the pollutant concentration in any sample is less
than the applicable detection limit, that value shall be regarded as zero (0) when calculating the
daily maximum concentration.
(11) Any wastewater having a temperature, which will inhibit biological activity in the sewage, works
resulting in interference, but in no case wastewater with a temperature at the introduction into the
sewage works, which exceeds 140º Fahrenheit (60º Celsius) or is lower than 32º Fahrenheit (0°
Celsius).
(12) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by applicable state or federal regulations.
(13) Any wastewater which causes a hazard to human life or creates a public nuisance.
(14) Organic Solvent extractable substances such as fats, wax, grease, or oils of petroleum origin,
whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or
become viscous at temperatures between 32º Fahrenheit (0º Celsius) and 140º Fahrenheit (60º
Celsius).
(15) Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases; or
other pollutants which cause the wastewater to have a closed cup flashpoint of less than 140º
Fahrenheit (60º Celsius), or which cause an exceedance of ten (10%) percent of the lower
explosive limit (LEL) at any point within the collection system or containing gasoline, benzene,
xylene, or toluene which causes the wastewater to exceed the state surface water quality standard.
(16) Any garbage that has not been ground by household type or other suitable garbage grinders.
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(17) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
paunch, manure, or any other solids or viscous substances capable of causing obstructions or
other interferences with the proper operation of the sewer system.
(18) Toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater
treatment process, or to constitute hazards to humans or animals, or to create any hazard in waters
which receive the POTW effluent, which shall include, but are not limited to wastes containing
cyanide, chromium, cadmium, mercury, copper, and nickel ions.
(19) Solids of such character and quantity that special and unusual attention is required for their
handling.
(20) Any substance which would cause the treatment plant to be in noncompliance with sludge use,
recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of
the Federal Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control
Act, or other regulations or criteria for sludge management and disposal as required by the State.
(21) Any medical or infectious wastes prohibited from being discharged under Federal or State law
and regulations.
(22) Material considered a hazardous waste under the Resource Conservation and Recovery Act
(RCRA).
(23) Any commercial or industrial waste that may cause pass through of pollutants or interference with
the wastewater treatment plant operations or that violates Federal, State, or local restrictions.
(24) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or
pollutant concentration which will cause interference with the POTW.
(25) Trucked and hauled waste, except at discharge points designated by the POTW.
(26) Pollutants causing toxic gases, vapors, and fumes.
(27) Any leachate from a hazardous waste landfill.
(28) Any landfill leachate unless permitted and authorized under a written contract, within YCUA’s
sole discretion, between YCUA and the User.
(29) Any pollutant discharge which constitutes a slug.
Sec. 5-5. Promulgation of More Stringent Standards.
Upon the promulgation of the national categorical pretreatment standards, alternative discharge
limits, or other Federal or State limitations, for a particular industrial subcategory, the pretreatment
standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory,
shall immediately supersede the limitations imposed under this Ordinance and shall be considered part of
this Ordinance. The YCUA shall notify all affected Users of the applicable reporting requirements.
Sec. 5-6. Prohibited Concentrations of Certain Pollutants and Mercury Reduction Plan.
(1) No person shall discharge wastewater such that the concentration of pollutants in one (1) grab
sample exceeds the following limits for oil and grease or pH:
100 mg/l oil and grease
< 5 or > 11 standard units pH
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1.0 mg/l total Cyanides
1.0 mg/l total Phenolic Compounds
(2) No person shall discharge wastewater such that the concentration of pollutants contained in a
representative composite sample is at or above the following surcharge threshold, except as
otherwise permitted in writing by the Director and on payment of a surcharge fee, and no person
shall discharge wastewater such that the concentration of pollutants contained in a representative
composite sample exceeds the following upper limits, with respect to the following compatible
pollutants:
Compatibles
Surcharge
Threshold Upper Limits
300 mg/l 1000 mg/l 5-day BOD (Biochemical Oxygen Demand)
350 mg/l 2500 mg/l Total SS (Suspended Solids)
600 mg/l 2000 mg/l COD (Chemical Oxygen Demand)
15 mg/l 75 mg/l Total Phosphorus
30 mg/l 700 mg/l Ammonia-Nitrogen
(3) No person shall discharge wastewater such that the concentration of pollutants contained in a
representative composite sample shall exceed the following limits with respect to the following
inorganic or organic pollutants or phenolic compounds:
Inorganics
1.0 mg/l Arsenic
0.002 mg/l Beryllium
0.5 mg/l Cadmium
4.0 mg/l Chromium (Total)
3.0 mg/l Copper
0.3 mg/l Lead
Nondetectable Mercury
3.0mg/l Nickel
0.15 mg/l Silver
3.0 mg/l Zinc
Organics
Nondetectable Polychlorinated Biphenyls (Nondetectable per U.S. EPA method 608:
any detectable sample would exceed this limit.)
The local discharge limitation for Polychlorinated Biphenlys is established at the level of
detection in accordance with the following:
There shall be no detectable amounts of Polychlorinated Biphenyls discharged to a Township or
YCUA sanitary sewer. Polychlorinated Biphenyls sampling procedures, preservation and
handling, and analytical protocol for compliance monitoring shall be in accordance with EPA
Method 608. The level of detection, developed in accordance with the procedure specified in 40
CFR 136, shall not exceed 0.2 ug/l for Polychlorinated Biphenyls, unless higher levels are
appropriate due to matrix interference.
(4) The total phenols limit is based on the discharge of any or all of the following phenolic
compounds: 2-Chlorophenol, 4-Chlorophenol, 2,4-Dichlorophenol, 2,4-Dimethylphenol, 2,4-
Dinitrophenol, 2-Methyphenol, 3-Methylphenol, 4-Methylphenol, 2-Nitrophenol, 4-Nitrophenol,
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and Phenol. Discharge of other phenolic compounds is prohibited except as specifically
authorized by the Director.
(5) The Director shall annually review the quantities of industrial pollutants listed above which are
discharged or proposed to be discharged to the sewage works. The Director shall recommend any
revisions to these limits necessary to insure that the NPDES Permit, Federal Pretreatment
Standards and Water Resources limits are met and to insure that the industrial discharge will not
interfere with the treatment process of sludge disposal. At such time as the previously cited limits
are changed by the Township or YCUA, the unit authorizing such change shall notify the
remaining units of such change.
(6) The local discharge limitation for mercury is established at the level of detection in accordance
with the following:
(a) There shall be no detectable amounts of mercury discharged to a Township or YCUA
sanitary sewer. Mercury sampling procedures, preservation and handling, and analytical
protocol for compliance monitoring shall be in accordance with EPA Method 245.1. The
level of detection, developed in accordance with the procedure specified in 40 CFR 136,
shall not exceed 0.2 ug/L for Mercury, unless higher levels are appropriate due to matrix
interference.
(b) The evaluation of potential matrix interference(s) shall include, at a minimum, the
following:
i. A demonstration that the laboratory conducting the analysis is capable of
achieving the level of detection of 0.2 ug/L in reagent water;
ii. A demonstration that the level of detection of 0.2 ug/L cannot be achieved in the
effluent; and
iii. A demonstration that an attempt has been made to resolve the matrix
interference(s).
(c) In cases where true matrix interference(s) can be demonstrated, a discharge-specific level
of detection will be developed in accordance with the procedure in 40 CFR 136.
Discharge-specific levels of detection will be incorporated into the wastewater discharge
permit of the Nondomestic User.
(d) To ensure that the maximum allowable mercury loading to the POTW is not exceeded,
YCUA may require any Nondomestic User with a reasonable potential to discharge
mercury to develop, submit for approval and implement a Mercury Reduction Plan
(MRP). The MRP may be required by permit if the Nondomestic User has not violated
the local limit for mercury, but YCUA has determined that a reasonable potential for such
violation may exist. MRP’s may be required in notices of violations, orders or other
enforcement actions when the Nondomestic User has violated the mercury local limit. At
a minimum, an approvable MRP shall contain the following:
i. A written commitment by the Nondomestic User to reduce all non-domestic
discharges of mercury to levels below the level of detection within three (3) years
of the MRP’s original approval date;
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ii. Within sixty (60) days of notification by YCUA that a MRP is required, the
Nondomestic User shall supply an initial identification of all potential sources of
mercury which could be discharged to the sanitary sewer system;
iii. Specific strategies for mercury reduction with reasonable time frames for
implementation, capable of ensuring that mercury discharges will be below the
specified level of detection within three (3) years;
iv. A program for quarterly sampling and analysis of the non-domestic discharge for
mercury in accordance with EPA method 245.1;
v. A demonstration of specific, measurable and/or otherwise quantifiable mercury
reductions consistent with the goal of reducing mercury discharges below the
specified level of detection. Where such reductions cannot be demonstrated
through normal effluent monitoring (e.g., mercury discharges are already near
level of detection), the demonstration should incorporate the following:
1. Internal process monitoring, documenting the results of mercury
reduction strategies at sampling locations within the facility (e.g., a program of
regular monitoring of sink traps where mercury containing reagents had
previously been disposed, but have since been substituted by non-mercury
containing compounds).
2. Internal and/or effluent sampling utilizing clean and/or ultra-clean
sampling and analytical methods as referenced by EPA Federal Register. The
results of such monitoring will not be used for compliance purposes unless
performed in accordance with EPA Method 245.1 and collected at the
appropriate compliance measurement location.
3. Loading calculations wherein the Nondomestic User calculates the total
mass of mercury reduced from the sanitary sewer discharge through reagent
substitutions, changes in disposal practices and/or other approved MRP strategies
implemented.
vi. A semi-annual report on the status of the mercury reduction efforts. At a
minimum, these reports shall: identify compliance or noncompliance with
specific reduction commitments in the MRP; summarize the analytical, massbased
or other quantifiable demonstrations of mercury reductions performed to
date; provide all applicable analytical data; provide an evaluation of effectiveness
of actions taken to date; provide updates to the initial list of mercury containing
compounds discharged to the sanitary sewer and propose for approval new
strategies and/or modifications to the current MRP to continue and improve
mercury reduction efforts; and
vii. Any other conditions that YCUA deems necessary to ensure that mercury
reduction efforts are effective in achieving the goals of this Section.
(e) Failure to submit an approvable MRP within thirty (30) days of the required due date
shall constitute significant non-compliance in accordance with this Section, and will
result in publication as a significant violator.
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(f) A MRP may be evaluated for adequacy at any time by YCUA. If such an evaluation
determines that the Mercury Reduction Plan is inadequate, or the Nondomestic User has
not complied with its approved MRP, the Nondomestic User will be notified. Failure to
comply with the MRP requirement constitutes non-compliance. YCUA will follow its
Enforcement Response Plan (ERP) to ensure that corrective actions are taken.
(g) A Nondomestic User may request a release from MRP requirements if all samples of the
discharge for a period of one year are less than the specified level of detection; the
Nondomestic User has complied with the minimum monitoring frequency of quarterly
sampling events; and YCUA deems that MRP commitments have been fulfilled
sufficiently to ensure continued compliance with the mercury limitation. YCUA shall
notify the Nondomestic User of any release from MRP requirements in writing.
(h) If the MRP requirement is waived by YCUA, the Nondomestic User remains subject to
the local limitation for mercury in accordance with the requirements of this Ordinance.
(i) Re-discovery of mercury in the Nondomestic User discharge subjects said User to the
submission of a new MRP, or escalation of enforcement in accordance with the ERP.
(7) Implementation of Best Management Practices or Best Management Practices Plan:
(a) The Director may require any User to develop and implement Best Management
Practices (BMP) to control, contain, treat, prevent, or reduce the discharge of wastewater,
pollutants, or other substances from the User’s premises to the POTW as determined
necessary by the Director.
(b) In addition, the Director may require a User to develop and submit a Best Management
Practices Plan (BMPP), including an enforceable implementation schedule for review and
approval by the Director. The BMPP shall be submitted within thirty (30) days after
notification by the Director or as otherwise required by a User Permit. The BMPP shall
be directed at preventing the entrance of pollutants, directly or indirectly, into the POTW.
The BMPP shall be available for inspection at all times at the User’s premises. At a
minimum, a User’s BMPP shall contain all of the following elements, as determined
necessary by the Director, at a level of detail and in units and terms as determined
necessary by the Director to adequately evaluate the plan:
i. A statement of the purpose and objectives of the plan;
ii. A description of the strategies, methods, policies, and procedures to prevent,
minimize, or reduce the introduction of pollutants into the User’s discharge and
to minimize waste generation;
iii. A description of the options available to the User to control accidental spillage,
leaks, and discharge;
iv. A description of best available or practicable control technologies available for
the User’s specific circumstances;
v. A detailed facility layout and site diagram showing points of entry into the
POTWs;
vi. A description of the waste handling, treatment, and discharge disposal facilities,
including flow diagrams and process schematics;
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vii. A description of operating and maintenance processes and procedures;
viii. An inventory of raw materials and a list of waste sources, including a list of all
chemicals used or stored at the facility;
ix. A description of employee training programs, policies and procedures,
continuing education programs, and participation;
x. A description of the User’s documentation, including record keeping and forms;
xi. A description of monitoring activities;
xii. An information log of facility personnel, organization chart, emergency phone
numbers, contact persons, and maintenance or service representatives;
xiii. A certification by a qualified professional that the plan is adequate to prevent
spills, leaks, slug loads, or non-customary discharges of regulated substances,
directly or indirectly, to the POTW; and
xiv. Such other information, documents, or diagrams as required by the Director,
including, but not limited to, any of the information required under this
Ordinance, the Act, or State Act.
(c) The BMPs or BMPP required of a User or approved for a User shall be incorporated in a
user permit issued to the User. If the User already has a user permit, the existing permit
shall be modified to incorporate the BMP requirements if the User does not currently
have a user permit, a permit shall be issued for that purpose.
(d) The Director may require revisions to a User’s BMPP if the Director determines that the
Plan contains elements that are inadequate or as otherwise determined necessary by the
Director to ensure compliance with applicable requirements of this Ordinance, the Act, or
State Act. Review of a BMPP by the Director shall not relieve the User from the
responsibility to modify its facility as necessary to comply with this Ordinance, the Act,
or State Act.
(e) The user reports to the Director must include Best Management Practices compliance
information. The user reports must be certified and signed by the User’s authorized
representative.
(f) The User shall retain all documentation associated with the Best Management Practices
for a period of at least three (3) years from the date of an activity associated with the
practices. This period may be extended by the YCUA at any time.
Sec. 5-7. Sampling, Measurements, Tests and Analyses.
Sampling and analysis shall be performed in accordance with the techniques prescribed in 40
CFR part 136 (March 26, 2007). Where 40 CFR part 136 (March 26, 2007) does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the part 136 (March
26, 2007) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and
analysis shall be performed by using validated analytical methods or any other applicable sampling and
analytical procedures, including procedures suggested by YCUA or other parties, approved by the EPA.
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Sec. 5-8. Surcharge for Discharges of Unusual Strength.
(1) If the character of the wastewater from any manufacturing or industrial plant or any other
building or premises exceeds the limits for compatible pollutants established in Section 5-6 or
shall be such as to impose any unreasonable burden upon the sewers of the system or upon the
sewage works or POTW in excess of a maximum limit prescribed in this Ordinance, then an
additional charge shall be made over and above the regular rates, or the Director shall require that
such sewage be treated by the person, firm, or corporation responsible for the sewage being
emptied into the sewer or the right to empty such sewage shall be denied, if necessary, to protect
the system or any part thereof. Surcharges required shall be computed as the weight of excess
compatible pollutant in pounds multiplied by the cost per pound specified in the applicable
township rate ordinance. The strength of such wastes shall be determined by composite samples
taken over a sufficient period of time to insure a representative sample. The cost of sampling and
testing shall be borne by the industry or establishment, whether owner or lessee. Tests shall be
made by the User, at an independent laboratory or at the YCUA Wastewater Treatment Plant.
(2) Any wastewater discharged into the sewage works having a compatible pollutant in excess of
those prescribed in Section 5-6 may be permitted by the Director provided payment by the
industrial concern for the full cost of treating such excess constituents in the wastewater is made
and acceptance of the waste does not cause violation of EPA guidelines, NPDES requirements,
the Act, or State Act.
Sec. 5-9. Special Agreements Authorized.
With respect to compatible pollutants only, no statement contained in this Ordinance shall be
construed as preventing any agreement between the Director and any industrial concern whereby an
industrial waste of unusual strength or character may be accepted, subject to payment therefore by the
industrial concern, provided such agreement shall not violate EPA guidelines or NPDES requirements and
provided User charges and surcharges as provided in this Ordinance are agreed to in the agreement.
Sec. 5-10. Dilution of Discharge.
No User shall ever increase the use of process water or, in any way, attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve compliance with the limitations
contained in the national categorical pretreatment standards, alternative discharge limits, or in any other
pollutant-specific limitation developed by the YCUA or the State.
Sec. 5-11. Accidental Discharges.
(1) Where required, a User shall provide protection from accidental discharge of prohibited materials
or other substances regulated by this Ordinance, the Act, or State Act. Facilities to prevent
accidental discharge of prohibited materials shall be provided and maintained at the owner’s or
User’s own cost and expense. Detailed plans showing facilities and operating procedures to
provide this protection shall be submitted to the Director for review, and shall be approved by the
Director before construction of the facility. All required Users shall complete such a program
within ninety (90) days of notification by the Director. If required by the Director a User who
commences contribution to the sewage works after the effective date of the ordinance from which
this Ordinance derives shall not be permitted to introduce pollutants into the system until
accidental discharge procedures have been approved by the Director. Review and approval of
such plans and operating procedures shall not relieve the Industrial User from the responsibility to
modify the User’s facility as necessary to meet the requirements of this Ordinance, the Act, or
State Act. In the case of any discharge, whether accidental or not, that could cause problems to
the YCUA, the WWTP or POTW, including any slug loadings by the User, it is the responsibility
of the User to immediately telephone and notify the YCUA of the incident. The notification shall
include location of discharge, type of waste, concentration and volume, and corrective actions.
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(2) Within five (5) days following any discharge, whether accidental or not, that could cause
problems to the YCUA, the WWTP or POTW, including any slug loadings by the User, the User
shall submit to the Director a detailed written report describing the cause of the discharge and the
measures to be taken by the User to prevent similar future occurrences. Such notification shall not
relieve the User of any expense, loss, damage, or other liability which may be incurred as a result
of damage to the sewage works or POTW, fish kills, or any other damage to person or property;
nor shall such notification relieve the User of any fines, civil penalties, or other liability which
may be imposed by this Ordinance, the Act, State Act, or other applicable law. Failure to file a
report shall be a separate violation of this Ordinance.
(3) Slug Control Plan.
(a) Each Significant Industrial User shall prepare and implement an individualized Slug
Control Plan when in the opinion of the Director a slug control is required. Existing
Significant Industrial Users that do not have a YCUA approved Slug Control Plan shall
provide an approvable Slug Control Plan to the Director within ninety (90) days of being
notified by YCUA that a Slug Control Plan is required. New sources that are Significant
Industrial Users shall submit a Slug Control Plan to the Director for approval before
beginning to discharge. Upon written notice from the Director, Users that are not
Significant Industrial Users may also be required to prepare and implement a Slug
Control Plan, and the Plan shall be submitted to the Director for approval as specified in
the notice. Slug control requirements must be included in the SIU Control Mechanism
(Industrial User’s Permit).
(b) All Slug Control Plans shall contain at least the following elements:
i. A description of discharge practices, including non-routine batch discharges;
ii. A description of stored chemicals;
iii. The procedures for immediately notifying the Director of slug discharges,
including any discharge that would violate any discharge prohibition, limitation,
or requirement under this Ordinance, and procedures for follow-up written
notification within five (5) days of the discharge; and
iv. The procedures to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site run-off, worker training,
building of containment structures or equipment. Measures for containing toxic
organic pollutants (including solvents), and measures and equipment for
emergency response.
(c) If a User has submitted to the Director plans or documents pursuant to other requirements
of local, State, or Federal laws and regulations which meet all applicable requirements of
the Ordinance, the Director may in its discretion determine that the User has satisfied the
Slug Plan submission requirements of this Section.
(d) Significant Industrial Users must immediately notify the Director of any changes at their
facilities affecting their Slug Control Plan or spill/slug potential.
(4) Secondary Containment Requirements.
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(a) Each User when in the opinion of the Director they are required must provide and
maintain at the User’s sole expense, secondary spill containment structures (including
diking, curbing, or other appropriate structures) adequate to protect all floor drains from
accidental spills and discharges to the POTW of any pollutants or discharges regulated
by this Ordinance, the Act, or State Act.
i. The containment area shall be constructed so that no liquid polluting material can
escape from the area by gravity through the building sewers, drains, or otherwise
directly or indirectly into the POTW.
ii. The containment or curbing shall be sufficient to hold not less than ten (10%)
percent of the total volume of the tanks or containers within the secondary
containment structure or provide a capacity of one hundred (100%) percent of the
largest single tank or container within the secondary containment structure,
whichever is larger, unless a lesser containment area or alternate control
measures are approved in advance by the Director.
iii. The containment structure must accommodate “squirt distance”. Containers
within the containment structure must be able to be placed sufficiently back from
the edge of the structure so if punctured, the resulting leak will be contained.
iv. The containment structure must be designed or operated to prevent run-on or
infiltration, rain, or other liquids into the secondary containment system unless
the containment system has sufficient excess capacity to contain run-on,
infiltration, rain, or other liquids. Excess capacity when such prevention is not
provided in the system must be sufficient to contain rain precipitation from a 25-
year, 24-hour rainfall event.
v. The containment structure shall be constructed with chemical-resistant water
stops in place at all joints (if any) to be free of cracks or gaps.
vi. The containment structure shall be designed and installed to completely surround
the tank or containers and to cover all surrounding earth likely to come into
contact with the waste if released from the tank(s) or containers (i.e., capable of
preventing lateral as well as vertical migration of the material).
vii. All floor drains found within the containment area must be plugged and sealed.
(b) Spill troughs and sumps within process areas must discharge to appropriate pretreatment
tanks.
(c) Emergency containment shall also be provided for storage tanks that may be serviced by
commercial haulers and for chemical storage areas.
(d) Solid pollutants shall be located in security areas designed to prevent the loss of the
materials to the POTW.
(e) Detailed plans showing facilities and operating procedures to provide the protection
required by this Ordinance shall be submitted to the Director for review, and shall be
approved by the Director before construction. Construction of approved containment for
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existing sources shall be completed within the time period specified by the Director.
(f) No new source shall be permitted to discharge to the POTW until emergency
containment facilities have been approved and constructed as required by this Ordinance.
(g) The Director may order a User to take interim measures for emergency containment as
determined necessary by the Director under the circumstances.
Sec. 5-12. Determination of Sewage Flow.
To determine the sewage flow from any establishment, the YCUA may use one of the following
methods:
(1) The amount of water supplied to the premises by the public water system as shown upon the
water meter if the premises are metered.
(2) If the premises are supplied with river water or water from private wells, the amount of water
supplied from such sources may be metered at the source or metered at its point of discharge prior
to entry into the public sewer.
(3) If such premises are used for an industrial or commercial purpose of such a nature that the water
supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the
amount of sewage discharged into the sewer system made by the utilities authority from the
water, gas or electric supply, or metered at its point of discharge prior to entry into the public
sewer.
(4) The volume of sewage discharged into the sewer system as determined by measurements and
samples taken at a manhole installed by the owner of the property served by the sewer system at
his own expense in accordance with the terms and conditions of the permit issued by the YCUA
pursuant to this Ordinance.
A figure determined by the YCUA by any combination of the foregoing or by any other equitable method.
Sec. 5-13. Disposal at Sewage Treatment Plant.
Waste from industrial sewage disposal systems shall be disposed of at the sewage treatment plant
or at any other refuse or disposal site approved by the Director. No waters or wastes described in Section
5-4 shall be disposed of at the sewage treatment plant.
Sec. 5-14. Bypass.
(1) An Industrial User may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it is for essential maintenance to ensure efficient
operation. If an Industrial User knows in advance of the need for bypass, it shall submit prior
notice to the Director, if possible at least ten (10) days before the date of the bypass. An Industrial
User shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment
standards to the Director within 24 hours from the time the Industrial User becomes aware of the
bypass. A written submission shall also be provided within five (5) days of the time the Industrial
User becomes aware of the bypass. The written submission shall contain a description of the
bypass and its cause; the duration of the bypass, including exact dates and times, and, if the
bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass.
(2) Bypass is prohibited, and the Director may take enforcement action against an Industrial User for
bypass, unless:
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(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable engineering judgment to prevent
a bypass which occurred during normal periods of equipment downtime or preventative
maintenance; and
(c) The Industrial User submitted notice as required under this Section. The Director may
approve an anticipated bypass, after considering its adverse effects, if the Director
determines that it will meet the three conditions listed in this subsection (b).
Sec. 5-15. Report of Violation.
If the results of any sampling performed by the User indicates that any violation of this
Ordinance, a permit, an order issued under this Article, the Act, or State Act has occurred, the User shall
notify the YCUA within twenty-four (24) hours of becoming aware of the violation and shall repeat the
sampling and pollutant analysis and shall submit, in writing, the results of this repeat analysis within
thirty (30) days after becoming aware of the violation. A written follow up report shall be filed by the
User with the YCUA within five (5) days of a User becoming aware of the violation. The report shall
specify the following:
(1) A description of the violation, the cause thereof, and the violation’s impact on the User’s
compliance status.
(2) Duration of the violation, including exact dates and times of the violation, and if not corrected,
the anticipated time the violation is expected to continue.
(3) All steps taken or intended to be taken to reduce, eliminate, and prevent reoccurrence of such a
violation.
Sec. 5-16. Notification of Authorities upon Discharge of Hazardous Waste.
All Industrial Users shall notify the YCUA, the EPA Regional Waste Management Division
Director, and the DNRE in writing of any discharge to the YCUA of a substance that would be a
regulated hazardous waste under any Federal statute if disposed of otherwise. Such notice shall be given
in accordance with CFR 403.12(p).
ARTICLE VI - PRIVATE SEWAGE DISPOSAL
Sec. 6-1. Authorized under Certain Conditions.
Where a public sanitary or combined sewer is not available under the provisions of Section 5-
1(4), the building sewer shall be connected to a private sewage disposal system complying with the
provisions of this Ordinance.
Sec. 6-2. Permit Required; Application; Fees.
Before commencement of construction of a private sewage disposal system, the owner shall first
obtain a written permit signed by the plumbing inspector. The application for such a permit shall be made
on a form furnished by the Township or YCUA and shall include specifications and other information
deemed necessary by the Township and YCUA. A permit and inspection fee shall be paid to the
Township Treasurer at the time the application is filed.
Sec. 6-3. Inspection by Township and YCUA.
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A permit for a private sewage disposal system shall not become effective until the installation is
completed to the satisfaction of the Township and YCUA. The Township and YCUA shall be allowed to
inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify
the Township and YCUA when the work is ready for final inspection, and before any underground
portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the
Township or YCUA.
Sec. 6-4. Specifications.
The type, capacities, location, and layout of a private sewage disposal system shall comply with
all recommendations of the county health department. No permit shall be issued for any private sewage
disposal system employing subsurface soil absorption facilities where the area of the lot is less than
10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or
natural outlet.
Sec. 6-5. Connection with Public Sewer.
At such time as a public sewer becomes available to a property served by a private sewage
disposal system, as provided in Section 6-4, a direct connection shall be made to the public sewer in
compliance with this Ordinance and any septic tanks, cesspools, and similar private sewage disposal
facilities shall be abandoned and filled with suitable material.
Sec. 6-6. Sanitary Maintenance Required.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner
at all times, at no expense to the Township or the YCUA.
Sec. 6-7. Other Requirements.
No statement contained in this Ordinance shall be construed to interfere with any additional
requirements that may be imposed by the State or County Health Department or DNRE.
ARTICLE VII - CHARGES, FEES, RATES,
AND MISCELLANEOUS PROVISIONS
Sec. 7-1. Pretreatment Charges and Fees.
The Township may by Township Board resolution adopt and impose reasonable charges and fees
for reimbursement of the costs of setting up and operating the Township’s pretreatment program. Such
charges and fees may include but shall not be limited to:
(1) Fees for wastewater discharge permit applications, including the cost of processing such
applications.
(2) Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and
analyzing an Industrial User’s discharge, and reviewing monitoring reports submitted by
Industrial Users.
(3) Fees for reviewing and responding to accidental discharge procedures and construction.
(4) Fees for filing appeals.
(5) Other fees as the Township may deem necessary to carry out the purposes and requirements of
this Ordinance.
Charges and fees imposed under this Section shall relate solely to the matters covered by this Ordinance
and shall be separate from all other fees and penalties chargeable by the Township.
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Sec. 7-2. Sewer Tap Permit Fee.
No sewer tap permit required by this Ordinance shall be issued until the applicant therefore has
paid the sewer tap fee as established by resolution of the Township Board.
Sec. 7-3. Sewer Rates and Miscellaneous, Charges.
The Township Board may establish a schedule of sewer rates and miscellaneous charges for Users
of the Township’s sanitary sewer system.
Sec. 7-4. Fixing Rates.
The Township Board has determined that the purpose of sewer fees, rates, and charges is to
produce sufficient revenues each year to pay the costs of service. The costs of service to be paid from
revenues shall include, but not be limited to, the following:
(1) Operation and maintenance expenses;
(2) Debt service expenses;
(3) Capital expenses not funded from bond indebtedness; and
(4) Reserves for replacement.
The rates to be charged for sewer service furnished by the Township shall be charged to all Users
of the system. Different classes of Users may be charged different rates. But, the rates shall be uniform
within a class of Users, though within a class the rate may differ based upon the quantity of use.
Sec. 7-5. Enforcement of Payment.
(1) The charges for sewer service which are, under the provisions of Act 94, Public Acts of
Michigan, 1933, as amended (MCL §141.101 et seq., MSA §5.2731 et seq.), made a lien on the
premises served thereby, are hereby recognized to constitute such a lien. If any such charges
against any piece of property shall be delinquent for six months, the Township officials in charge
of the collection of such charges shall certify, on July 1 of each year, to the Treasurer of the
Township, the amount of such delinquency, whereupon such charges shall be entered upon the
next tax roll as a charge against such premises and shall be collected and the lien enforced in the
same manner as general Township taxes against such premises.
(2) When a tenant is responsible for the payment of the charges and the Township is so notified in
writing and the notice includes a true copy of the lease of the affected premises (if such lease
exists), then the charges shall not become a lien against the premises after the date of the notice.
In the event of filing of the notice, the Township shall render no further service to the premises
until a cash deposit in the sums specified by resolution of the Township Board is made as security
for the payment of the charges.
(3) In addition to any other lawful enforcement methods, the payment of charges for water and sewer
service to any premises may be enforced by discontinuing either the water service or the sewer
service to the premises, or both. Fourteen (14) days after the due date of a bill for sewer service,
the Department may mail a two-week disconnect notice with the date specified for service shutoff.
If such customer fails to pay any sum determined to be properly due a red tag giving 48 hours
notice may be attached to the premises. After the lapse of 48 hours following the tagging of such
premises, service may be disconnected until such time as the bill is paid in full, plus a turn-on fee
in an amount determined by the Township Board.
Sec. 7-6. Township Records.
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(1) The Township will maintain and keep proper books of records and accounts, separate from all
other records and accounts, in which shall be made full and correct entries of all transactions
relating to the system within the Township. The Township will cause an annual audit of such
books of record and account for the preceding operating year to be made by a recognized
independent certified public accountant and will supply such audit report to authorized public
officials on request. In conjunction with the audit, there shall be an annual review of the sewer
charge system for adequacies meeting expected expenditures for the following year and to insure
proportionality among User classes as required by federal regulations. Classification of old and
new Industrial Users shall also be reviewed annually.
(2) The Township will secure and maintain insurance on all physical properties of the system within
the Township of the kinds and amounts normally carried by public utility companies and
municipalities engaged in the operation of sewage disposal systems. All monies received for
losses under any such insurance policies shall be applied solely to the replacement and restoration
of the property damaged or destroyed.
Sec. 7-7. Annual Notification.
All customers of the Township’s wastewater system will receive an annual notification, either
printed on the bill or enclosed in a separate letter, which will show the breakdown of the sewer bill into its
components for operation, maintenance and replacement and for debt retirement.
Sec. 7-8. Conflicts; Severability.
Ordinance No. 120 is hereby repealed, and all other ordinances, resolutions and orders or parts
thereof in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed,
and each Section of this Ordinance and each subdivision of any Section hereof is hereby declared to be
independent, and the finding or holding of any Section or subdivision thereof to be invalid or void shall
not be deemed or held to affect the validity of any other Section or subdivision of this Ordinance.
Sec. 7-9. Publication and Effective Date.
The Township Clerk shall cause this Ordinance to be published in the manner required by law.
This Ordinance shall be effective as of the date of final publication of the Ordinance.
This Ordinance was duly adopted by the York Charter Township Board at its regular meeting
called and held on the _____ day of ______________, 201____, and was ordered given publication in the
manner required by law.
___________________________ ______________________________
Helen Neill, Clerk Joseph B. Zurawski , Supervisor
York Charter Township York Charter Township
First Reading: December 14, 2010
First Publication by Posting: January 6, 2011
Adoption: _________________
Final Publication by Posting and Effective Date: _________________