Water and Sewer

a. Necessity for Potable Water. The City Commission has previously found, and currently reaffirms that the businesses, industries, governmental and charitable agencies and residents located in the City need to have potable and otherwise usable water.

b. Availability of Potable Water. The City Commission further has previously found, and currently reaffirms, that the supply of potable water available from private wells within the City is insufficient to assure that all businesses, industries, governmental and charitable agencies, and residents will have sufficient potable water available for their use and other water necessary for industrial and fire prevention and control unless the City offers water to all properties located within the City.

c. Necessity for Sewage Disposal The City Commission further has previously found, and currently reaffirms that the use of septic tanks, privies, privy vaults, cesspools, or similar private sewage disposal facilities, is deleterious to the health safety and welfare of the businesses, industries, governmental and charitable agencies, and residents of the City and that the health, safety and welfare of the businesses, industries, governmental and charitable agencies and residents is enhanced by the creation of a public sewer system and wastewater treatment plant, with regulation by the City of pollutants and other harmful materials according to state and federal standards and to provide for the equitable recovery of the cost of wastewater treatment.

e. Method for Measuring Use - Water Supply System. Based on advice of its engineers, the City Commission has previously found, and currently reaffirms, that the most precise method, given available technology, of measuring the use of the water supply from the System by any user is by a meter or meters installed and controlled by the City.

f. Method for Measuring Use - Sewage Disposal System. Based on advice of its engineers, the City Commission has previously found, and currently reaffirms, that the most practical, cost effective and accurate method, given available technology, of measuring the use of the System's sewers by any user is by the meter or meters used to measure water usage. The City Commission has previously found, and currently reaffirms, that for unmetered premises, the fixed commodity charge set forth herein reflects a reasonable estimate of the cost of the sewage disposal and treatment services provided to average residential users.

g. Continuation of Service. The City Commission has previously found, and further currently reaffirms that, in order to provide and continue to provide clean potable and other usable water to all customers of the System, in quantities necessary for all varieties of use, it is necessary from time to time to install improvements, enlargements, extensions and repairs to the water system. The City Commission has previously found and, further currently reaffirms that, in order to provide and continue to provide for the safe and uninterrupted removal and treatment of sewage, pollutants and other harmful materials, it is necessary from time to time to install improvements. enlargements, extensions and repairs to the System.

h. Purpose of Charges. The chases and fees for the use of and connection to the System are hereby established for the purpose of recovering the cost of construction, reconstruction, maintenance, repair, administration and operation of the System and to comply with Federal and State legislation and related regulations, to provide for the payment principal of and interest on any bonds authorized to be issued as and when the same become due and payable, to create a bond and interest redemption fund therefor, to provide a fund for reasonable and necessary improvements to the System and to provide for such other funds as are necessary to meet contractual obligations of the City. Such charges and fees shall be made in accordance with the provisions hereinafter set forth and shall be made against all users of the System.

(i) All premises connected directly or indirectly to the System, except as hereinafter provided, shall be charged and shall make payments to the City in amounts computed on the basis of this Chapter.

(ii) The charges, rates and fees for water and sewer service by the System are established herein to adequately provide for bond requirements and to ensure that the System does not operate at a deficit.

(iii) The City staff or designated parties shall periodically review the charges, rates, fees, rules and regulations of the System, which review shall be completed not less than one (1) time per fiscal year. Results of the review shall be reported to the City Commission with recommendations for any adjustments.

(iv) The charges, rates and fees shall be set so as to recover costs from users in reasonable proportion to the cost of serving those users.

i. Proportionality, Fairness, and Benefits of Charges, Rates and Fees. The City Commission has previously found and further currently reaffirms that the fairest and most reasonable method of providing for the operation, maintenance, repair, replacement and improvement of the System is to charge each user, based in all cases on amount of use, for the costs of: (1) retiring debt secured by the net revenues of the System issued to pay for improvements and replacements to the System; (ii) ongoing repair, replacement and improvement and budgeted as part of the annual costs of the System; and (iii) operation, administration and maintenance costs of the System.

Service Charges. The City has investigated several methods of apportioning the costs of the water and sewer service provided by the System. Based on its investigation and on the advice of its engineers, the City Commission has previously found, and currently reaffirms, that to ensure the stability and viability of the System for the benefit of its users, the fairest and most accurate way to apportion the costs of operation, maintenance, replacement and improvement of the System is to charge each user: (i) a Connection Fee for water and sewer service when such user's property is first connected to the System; (ii) a monthly service charge for water and sewer service (which varies depending on the size of the water meter) which fee reflects each user's proportionate share of the fixed costs of the System; (iii) a commodity charge for water usage which is based on the user's actual use of water supplied by the System; and (iv) a commodity charge for sewage disposal service which is based on the user's actual use of water supplied by the System. The City Commission has previously found, and currently reaffirms that the rates and charges set forth in this Chapter accurately apportion the fixed and variable costs of the System among the users of the System and that Connection Fee, the monthly service charge and the commodity charges provide actual benefits to such users in the form of ready access to water supply and sewage disposal services that would be unavailable if such charges were not charged. The City Commission has previously found and currently reaffirms that the charges for water and sewer service to nonresidents, represent fair and accurate charges necessary to make such services available and that such charges are equal to the actual benefit conferred upon such users.

Connection Fees. In addition to the findings set forth above, the City Commission has previously found and currently reaffirms that the Connection Fees required prior to connection to the System, reflect the proportional capital costs of the System, previously paid by the City and the System, attributable to each new user and that the connection to the System provides actual benefits to each new user equal to or greater than the amount of such fees. The connection fee shall also reflect all costs of water and sewer service installation.

1040.02 DEFINITIONS.

Words, phrases and terms not specifically defined herein, and having a technical or specialized meaning, shall be defined as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. Reference to waste constituents and characteristics shall have the meanings ascribed thereto in the aforesaid Standard Methods for the Examination of Water and Wastewater and measurements thereof shall be as set forth in such publication or as established by Federal or State regulatory agencies. In addition, as used in this chapter, unless the context indicates otherwise:

(1) "Act" means the Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. Part 1251, et seq., as may otherwise be amended, as the context may indicate or require.

(2) "Authorized representative of industrial user" means:

A. In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;

B. In the case of a partnership or proprietorship, a general partner or proprietor; and

C. An authorized representative of the individual designated in paragraphs (2) A. and B. hereof if:

l. Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;

2. The authorization is in writing; and

3. The written authorization is submitted to the POTW.

(3) "Beneficial uses" means uses of the waters of the City, subscribing agencies or the State which may, or do, require protection against quality degradation thereof, including, but not limited to, waters for domestic, Municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment or navigation purposes, or for the protection and enhancement of fish, wildlife or other aquatic resources or reserves, and such other uses, both tangible and intangible, as are or may be specified by Federal or State law as beneficial uses.

(4) "Billable parameters" means those parameters (i.e. flow, BOD, SS, volume and I/I) which the treatment works is designed to treat and for which average user charge unit costs are calculated.

(5) "BOD (biochemical oxygen demand)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at twenty degrees Centigrade, expressed in milligrams per liter, as determined in accordance with standard laboratory procedure after laboratory settling of waste, as set out in the latest edition of Standard Methods for the Examination of Water and Wastewater.

(6) "Building drain" and "building sewer" mean the lowest part of the wastewater drainage pipes and sumps of a building which convey wastewater to the building sewer, terminating at the public sewer or monitoring station within a public right of way.

(7) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

(8) "Capital costs" means the debt service requirements and the costs of depreciable assets that are purchased from current year revenues.

(9) "Charge" means a rental fee or other fee established pursuant to this chapter for services and facilities furnished by the City and/or subscribing agencies to any premises in connection with the operation of the water supply and sewerage facilities.

(10) "City" means the City of Battle Creek, Michigan, acting by and through its officers and agents.

(11) "Commercial user" means any nonresidential user who, in the determination of the Director of Public Works, introduces into the sewerage system primarily segregated domestic wastes or waste from sanitary conveniences.

(12) "Compatible pollutant" means BOD, suspended solids, pH and fecal coliform bacteria and such additional pollutants as are identified and controlled in the City's NPDES permit for its wastewater treatment plant where such plant has been designed and used to reduce or remove such pollutants.

(13) "Connection Fee" means those charges provided in Section 1040.04 and 1040.32.

(14) "Contamination" means an impairment of the quality of the waters of the City, subscribing agencies or the State, by waste, to a degree which creates a hazard to public health. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the City, subscribing agencies or the State are affected thereby.

(15) "Contract capacity" means the industrial capacity contracted for with the City.

(16) "Contract user" means any private entity which contracts to use the City's water supply or sewerage disposal system.

(17) "Cooling water" means noncontact water discharged from any use during which the only pollutant added to the water is heat, such as that from air conditioning, refrigeration units or boilers.

(18) "Cubic foot" means the equivalent of 7.48 gallons (U.S. liquid). "Gallon" means the equivalent of 0.13368 cubic foot.

(19) "Department" means the Department of Public Works.

(20) "Director" means the Director of Public Works of the City or his or her designees, including, but not limited to, duly authorized personnel.

(21) "DNR" means the Department of Natural Resources of the State.

(22) "Domestic wastes" means liquid wastes from the noncommercial preparation, cooking or handling of food or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.

(23) "EPA" means the Federal Environmental Protection Agency.

(24) "Fiscal year" means July 1 through June 30.

(25) "Garbage" means solid wastes resulting from the domestic, commercial and industrial preparation, cooking, dispensing, handling, storage or sale of food.

(26) "Health Officer" means the County Health Officer, his or her assistant or authorized deputy acting as Health Officer of the City and subscribing agencies.

(27) "Holding tank waste" means any waste from holding tanks, including, but not limited to, chemical toilets, campers, trailers, septic tanks and tank trucks.

(28) "ICR" means industrial cost recovery.

(29) "Incompatible pollutant" means any pollutant which is not a compatible pollutant, interferes with, is not removed by, or is otherwise incompatible with, the sewage treatment process or sludge management.

(30) "Industrial users" means all establishments engaged in producing, manufacturing or processing operations; other establishments engaged in any activity resulting in the production of industrial wastes which have sewer service; or any wastewater contributor identified in the SIC Manual, latest edition, prepared and published by the Executive Office of Management and Budget of the United States, classified with divisions A, B, D, E and I therein. A user in the divisions listed is excluded if the user discharges less than 25,000 gallons per day of equivalent sanitary flows with domestic waste loadings or if the user is a governmental or residential user, provided that its waste discharge does not contain pollutants which are toxic or incompatible, which interfere with treatment plant processes or which may otherwise contaminate or reduce the utility of the sludge.

(31) "Industrial waste" means the waterborne waste and wastewater from any production, manufacturing or processing operation of whatever nature, including institutional and commercial operations where water is used for the removal of significant quantities of waste other than from human habitation of premises connected to the public sewers. Contents of chemical toilets, septic tanks, waste holding tanks and waste sumps shall be classed as industrial waste.

(32) "Infiltration/Inflow (I/I)" means the ground water and surface water which enters through collection system defects and cross connections from storm sewers.

(33) "Institutional user" means any hospital or public or private school that introduces into the sewerage system primarily segregated domestic waste or wastes from sanitary conveniences.

(34) "Interceptor sewer line" means a sewer line whose basic function is to collect wastewater from two or more trunk sewers and conduct the wastewater to a point for treatment or disposal. A trunk or primary sewer is that which receives wastewater from a number of branch or transverse sewers or outlets.

(35) "Interference" means an inhibition or disruption of the sewerage system and its sludge processes, use or disposal, which is a cause of or significantly contributes to either a violation (including an increase in the magnitude or duration of a violation) of any requirement of the Wastewater Treatment Plant's NPDES permit, State-approved Program for Effective Residuals Management (PERM) or any other Federal, State or local statutory provision, regulation or permit. A user significantly contributes to such a violation whenever such user:

A. Discharges a daily pollutant loading or concentration in excess of that allowed by contract, by Federal or State law or by other sections of this chapter; or

B. Discharges wastewater which substantially differs in quantity, nature or constituents from the user's average discharge.

(36) "Local costs" means those costs which are borne in their entirety by each subscribing agency and the City and includes all expenses incurred up to the point of delivery to the regional system.

(37) "Major user" means an industrial or nonindustrial user discharging more than 25,000 gallons per day of equivalent sanitary, domestic waste loading flows directly into a sewer line.

(38) "Mass emission rate" means the weight of material discharged to the sewerage system during a given time interval. Unless otherwise specified, the mass emission rate means pounds per day of a particular constituent or combination of constituents.

(39) "MG" means million gallons; "mgd" means a million gallons per day; and "M lb/d" means a thousand pounds per day.

(40) "National categorical pretreatment standard" or "categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Part 1317), which applies to a specific category of industrial users.

(41) "New source" means any building, structure, facility or installation the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) (33 U.S.C. Part 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

A. The construction is a site at which no other source is located;

B. The process or production equipment that caused the discharge of pollutants at an existing source is totally replaced; or

C. The production or wastewater generating processes are substantially independent of an existing source at the same site.

(42) "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.

(43) "Nonmajor user" includes all users, except industrial users and major users discharging into a sewer line.

(44) "Normal domestic strength" means wastewater with concentrations that do not exceed the following:

A. BOD (biochemical oxygen demand) 300 parts per million; or

B. SS (suspended solids) 300 parts per million.

(45) "NPDES permit" means a permit issued pursuant to the National Pollutant Discharge Elimination Systems, as prescribed in Section 402 of Public Law 92-500.

(46) "Operation and maintenance costs" means all costs for labor, power, chemicals, materials and supplies, replacements, contractual services, billing and administration chargeable to water supply and wastewater operations.

(47) "Outlet" means any natural or man-made exit which terminates into a watercourse, pond, ditch, lake or other body of surface water, or an exit into the ground water.

(48) "Owner" means the owner of any real property from which sewage is discharged.

(49) "Pass-through" means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

(50) "Person" means any individual, firm, company, association, society, corporation, municipal corporation, governmental unit or group.

(51) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(52) "P.L. 92-500" means Public Law 92-500, being the Federal Water Pollution Control Act of 1972 and amendments.

(53) "P.L. 95-217" means Public Law 95-217, being the Federal Water Pollution Control Act Amendments of 1977.

(54) "Pollutant" means any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial and agricultural waste or any other contaminant.

(55) "Pollution" means an alteration of the quality of the waters of the City, subscribing agencies or the State by waste which unreasonably affects such waters for any beneficial use or affects facilities serving such beneficial use. "Pollution" may also include contamination.

(56) "Premises" means each lot, parcel of land, or portion thereof, including any improvement thereon, which is directly or indirectly connected to the water supply or sewage facilities or treatment facilities of the City. Each dwelling unit of a duplex, apartment or any other multifamily residence shall be deemed a separate premises.

(57) "Pretreatment" or "treatment" means the reduction, elimination or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR Section 403.6(d).

(58) "Pretreatment standards" means all applicable Federal rules and regulations implementing Section 307 of Public Act 95-217, as well as any nonconflicting State or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall apply.

(59) "Public water" means waters of the City or waters of the State.

(60) "Publicly owned treatment works" or "(POTW)" means a treatment works as defined by Section 212 of the Act, including any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes and equipment used to convey wastewater to the treatment facility, The term also includes the municipality as defined in Section 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

(61) "Reclaimed water" means water which, as a result of treatment of waste, is suitable for direct beneficial use or a controlled use that would not otherwise occur.

(62) "Regional costs" means the costs shared by all subscribing agencies and the City in accordance with the cost of providing regional service for each subscribing agency and the City.

(63) "Regional Sewer Reserve Fund" means the regional sewer service charge revenue deposited in a fund to be used to defray any regional costs incurred by the City.

(64) "Residential equivalent" means water discharged in the amount of 11,000 cubic feet annually.

(65) "Residential user" means a user whose premises are primarily for providing living accommodations, have no significant producing or processing activity of a commercial or industrial nature and primarily produce domestic waste.

(66) "Service Installation" means the construction and installation of service lines including all excavation and restoration; appurtenances and attachments thereto; and all necessary equipment charges, material and labor.

(67) "Severe property damage" means substantial physical damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(68) "Sewage" means the waterborne wastes received from human habitation and use of premises for residential, commercial, institutional or industrial purposes.

(69) "Sewer," "sanitary sewer" and "public sewer" mean a pipe or conduit which carries sewage and/or industrial wastes and to which storm, surface and ground waters are not intentionally admitted. Unless otherwise qualified, "sewer," when used in this chapter, means "sanitary sewer." A City sewer or public sewer is any sewer located within an easement or public right of way and which is maintained by the City.

(70) "Sewerage system" means all sewers, facilities and appurtenances owned or operated by the City or a subscribing agency for the carrying, collecting, pumping and treatment of sewage.

(71) "Shall" is mandatory; "may" is permissive.

(72) "SIC" means Standard Industrial Classification. (See also "Industrial user.")

(73)

A. "Significant industrial user" means, except as provided in paragraph (74)B. hereof:

1. All industrial users subject to categorical pretreatment standards under 40 CFR, Section 403.6 and 40 CFR Chapter I, Subchapter N; and

2. Any other industrial user that:

a. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as a significant industrial user by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR, Section 403.(f)(6)).

B. Upon a finding that an industrial user meeting the criteria in paragraph (74)A.2. hereof has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR, Section 403.8 (f) (6), determine that such industrial user is not a significant industrial user.

(74) "Significant noncompliance (SNC)" means:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.

B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

C. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

D. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;

F. Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance;

H. Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.

(75) "Slug" means any discharge of water or sewage in which the quantity or concentration of any component, including flow, exceeds the maximum allowable quantity or concentration by more than five times the allowable quantity or concentration, or is more than the allowable quantity or concentration, but not greater than five times the allowable quantity or concentration for a period of time exceeding fifteen minutes.

(76) "State" means the State of Michigan.

(77) "Storm sewer" means a public sewer which carries storm and surface waters and drainage, but which excludes sewage other than unpolluted cooling water.

(78) "Storm water" means that part of the rainfall which reaches the sewers as run-off from natural land surfaces, building roofs or pavements.

(79) "Subscribing agency" means any agency which contracts to use the City's sewerage system, including the Federal Center, Veteran's Administration, City of Springfield and the Townships of Emmett, Leroy, Pennfield and Bedford.

(80) "Suspended solids" means the solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater.

(81) "System" means the combined water supply and sewerage disposal systems of the City including all works and instrumentalities necessary or useful in the supply of potable water or the collection and treatment of sanitary sewage including but not limited to all well, pumping, treatment and storage facility facilities and equipment, water main pressure systems, connections, service pipes, valves, hydrants, meters, sewer services, interceptors, pump stations, force mains, service connections, treatment works, and all other appurtenances to the System.

(82) "Toxic pollutant" means any pollutant or combination of pollutants identified as toxic pursuant to Section 307(a) of the Federal Water Pollution Control Act or other Federal statutes or in regulations promulgated by the State under State law.

(83) "Treatment plant." See "Wastewater treatment plant."

(84) "Unpolluted water" means water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.

(85) "User" means any person or premises which either directly or indirectly is supplied water by the City or who directly or indirectly discharges, causes or permits the discharge of wastewater into a City sewer.

(86) "Waste" means sewage and any and all other water substances, whether liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for the purposes of, disposal.

(87) "Wastewater" means waste and water, whether treated or untreated, discharged into or permitted to enter a City sewer.

(88) "Wastewater components, constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

(89) "Wastewater treatment plant" means any arrangement of devices and structures used for treating sewage, whether publicly or privately owned.

(90) "Water Connection" means that part of the water distribution system connecting the water main with the premises served.

(91) "Water Main" means that part of the water distribution system located within the easement lines or streets which is designed to supply more than one water connection.

(92) "Water quality requirements" means the requirements for the City's treatment plant effluent established by an NPDES permit or by State or Federal regulatory agencies for the protection of receiving water quality, Water quality requirements include effluent limitations and waste discharge standards, limitations or prohibitions which may be established or adopted from time to time by State or Federal laws or regulatory agencies.

(93) "Watercourse" means a channel, natural or artificial, lined or unlined, in which a flow of storm water, ground water or clean water occurs, either continuously or intermittently.

(94) "Waters of the City" means any water, surface or underground, within the boundaries of the City or subscribing agencies.

(95) "Waters of the State" means and includes:

A. Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches and public drainage systems within this State, other than those designed and used to collect, convey or dispose of sanitary sewage;

B. The flood plain free-flowing waters determined by the Department of Natural Resources on the basis of 100-year flood frequency; and

C. Any other waters specified by State law.

1040.03 ESTABLISHMENT OF THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM.

Based on the above findings and for the purposes set forth above, the City has previously established each system separately and hereby establishes the water supply and sewage disposal system as a combined utility system.

1040.04 SERVICE CONNECTIONS; APPLICATION; FEES.

(a) Application for water connections shall be made to the Department of Public Works on forms prescribed and furnished by the Department. Water connections and water meters shall be installed in accordance with rules and regulations of the Department and upon payment of the required connection fee and meter installation fee as shall be established by a resolution of the City Commission. All meters and water connections shall be the property of the City.

(b) The connection charges set forth in subsection (a) hereof shall be due and payable in cash upon application for connection to the system, except for charges to premises existing before connection to the system, which may be paid in installments as follows:

(1) Application. Application for an installment payment may be made to the City Treasurer.

(2) Installments. The fee or charge may be made in not more than ten annual installments, bearing interest on the unpaid installments, at the rate of six percent per annum, to accrue from the date of billing by the City.

(c) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.05 TURNING ON WATER SERVICE.

(a) No person, other than an authorized employee of the Department of Public Works, shall turn on or off any water service, except that a licensed plumber may turn on water service for testing his work (in which case it must be immediately turned off), or upon receiving a written order from the Department. However, upon written permission from the Department, water may be turned on for construction purposes only, prior to the granting of a certificate of occupancy for the premises and upon payment of the charges applicable thereto.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.06 WATER METERS.

(a) All premises using water shall be metered, except as otherwise provided in this chapter. No person, except a Department of Public Works employee, shall break or injure the seal or change the location of, alter or interfere in any way with a water meter.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.07 ACCESS TO METERS.

(a) The Department of Public Works shall have the right to shut off the supply of water to any premises where the Department is not able to obtain access to the meter. Any qualified employee of the Department shall, at all reasonable hours, have the right to enter the premises where such meters are installed for the purpose of reading, testing, removing or inspecting the same. No person shall hinder, obstruct or interfere with such employee in the lawful discharge of his duties.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.08 REIMBURSEMENT FOR DAMAGED METERS.

Any damage which a meter may sustain resulting from carelessness of the owner, agent or tenant or from neglect of such persons to properly secure and protect the meter, as well as any damage which may be wrought by frost, hot water or steam backing from a boiler, shall be paid by the owner of the property to the City on presentation of a bill therefor. If the bill is not paid, the water shall be shut off and shall not be turned on until all charges have been paid to the City.

1040.09 METER FAILURE; ESTIMATED BILLS.

If a meter fails to register properly, the Department of Public Works shall estimate the consumption on the basis of former consumption and bill accordingly.

1040.10 INACCURATE METERS.

The Department may, at the request of the consumer, make a test of a water meter once every twelve months without cost to the consumer. Additional consumer requested tests, which result in the meter not being found defective, shall be subject to the testing fee pursuant to Section 1040.15. If the meter is found to be defective, it shall be repaired or an accurate meter shall be installed and no charge shall be made to the consumer.

1040.11 STANDARD OF ACCURACY.

A meter shall be considered accurate if, when tested, it registers not to exceed two percent more or two percent less than the actual quantity of water passing through it. If a meter registers in excess of two percent of the actual quantity of water passing through it, it shall be considered "fast" to that extent. If a meter registers in excess of two percent less than the actual quantity of water passing through it, it shall be considered "slow" to that extent.

1040.12 BILL ADJUSTMENT.

If a meter has been tested at the request of a consumer and has been determined to register "fast," the City shall credit the consumer with a sum equal to the percent "fast" multiplied by the amount of all bills incurred by such consumer within the two months prior to the test. If a meter so tested is determined to register "slow," the Department of Public Works may collect from the consumer a sum equal to the percent "slow" multiplied by the amount of all bills incurred by the consumer for the prior two months. When the Department, on its own initiative, makes a test of a water meter, it shall be done without cost to the consumer, other than the payment of the amount due to the City for water used by the consumer if the meter is found to be "slow."

1040.13 HYDRANT USE; PERMIT REQUIRED.

(a) No person, except an employee of the City in the performance of his duties, shall open or use any fire hydrant, except in a case of emergency, without first obtaining a written permit therefor from the Department of Public Works and paying such fee therefor as may be prescribed.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.14 REGULATIONS OF WATER USE.

(a) The Director may regulate, limit or prohibit the use of water for any purpose. Such regulations shall restrict less essential water uses to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for fire fighting. No such regulation, limitation or prohibition shall be effective until twenty-four hours after the publication thereof in a newspaper of general circulation in the City. No person shall violate any such rule or regulation.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.15 ADDITIONAL REGULATIONS.

The Director may make and issue additional rules and regulations concerning the water production facilities and the water distribution system, connection thereto, meter installations and maintenance, connection and meter installation and testing fees, and hydrants and water mains and the appurtenances thereto, not inconsistent herewith. Such rules and regulations shall be effective upon approval by resolution of the City Commission.

1040.16 INJURY TO SYSTEM OR FACILITIES.

(a) No person, shall willfully or carelessly break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the City water distribution system or water production facilities.

(b) A person who violates this section is responsible for a Class F Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.17 CROSS CONNECTIONS.

(a) The Water Supply Cross Connection Rules of the Michigan Department of Public Health, being R 325.11401 to R 325.11407 of the Michigan Administrative Code, are hereby adopted by reference.

(b) The Department of Public Works shall cause inspections to be made of all properties served by the public water supply where cross connection with the public water supply is deemed possible. The frequency of inspections and reinspections, based on potential health hazards involved, shall be as established by the Department of Public Works and as approved by the Michigan Department of Public Health. The owner shall provide the water supplier with proof of backflow prevention devices working properly, on a regularly scheduled basis as determined by the Department in accordance with regulations set forth by the Michigan Department of Public Health.

(c) Representatives of the Department of Public Works shall have the right to enter, at a reasonable time, any property served by a connection to the public water supply system of the City for the purpose of inspecting the piping system or systems thereof for cross connections. On request. the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.

(d) The Department of Public Works is hereby authorized and directed to discontinue water service, after giving reasonable notice to a property owner, to any property wherein a connection in violation of any provision of this chapter exists. The Department is authorized to take such other precautionary measures as are deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with this section.

(e) The potable water supply made available on properties served by the public water supply shall be protected from possible contamination as specified by this chapter and by the State Plumbing Code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as: WATER UNSAFE FOR DRINKING.

(f) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.18 UNAUTHORIZED CONNECTIONS; SPECIAL CONNECTIONS.

(a) Except as provided by this subsection, no person shall open any valve or make any connection which will make possible the use of water which has not passed through a water meter, provided that;

(1) In special cases where it is impractical to meter the water and where the amount used can be accurately estimated and where proper arrangements are made for the payment of water so used, the Director of Public Works may grant temporary permission, in writing, for such use of water without a meter.

(2) In cases of ordinary building construction, a water meter shall be set in a place approved by the Department of Public Works, at the expense of the user, to measure the water used during construction. Water so used shall be charged for at the rates set forth in the schedule provided for in Section 1040.20.

(b) No person shall willfully or fraudulently prevent a water meter from duly registering the quantity of water, measured through the meter, or in any way hinder or interfere with the meter's proper action or just registration.

(c) In all prosecutions under this section, proof that the defendant, other than a lessor, had control of or occupied the premises where the offense was committed, or received the benefit of the water, used or consumed, shall be prima facie evidence of a violation of this section.

(d) A person who violates this section is responsible for a Class F Municipal civil infraction if the value of the water used or wasted, as a result of the violation is not more than $500, and shall be subject to the civil fines provided in Section 202.98. Provided, however, nothing in this section shall prevent or estop the city from assessing a person violating this section for the reasonable costs and charges associated with any unmetered water use.

1040.19 SERVICE; LIABILITIES.

The City shall endeavor to furnish continuous service to users, but does not guarantee uninterrupted service and shall not be liable for any damage which a user may sustain by reason of the failure of the service, whether caused by accident, repair or otherwise, nor shall the City be liable for damages which the user may sustain by reason of failure of water supply, or for damages to persons or property arising, occurring or resulting from the supply of water or from any apparatus or appurtenance in connection therewith.

1040.20 WATER RATES AND CHARGES; BILLING; TERMINATION OF SERVICE; WATER SUPPLY SYSTEM REVENUE BONDS.

(a) All water service shall be charged for on the basis of water consumed as determined by the water meter installed in or near the premises of a user and shall include a readiness to serve charge. No free water service shall be furnished to any person or premises.

(b) Charges for all water service shall be billed by the Finance Department and collected monthly by the City Treasurer. All water meters shall be read at least every second month and bills shall be rendered within fourteen days following the meter readings. All bills shall be payable when rendered and shall be deemed delinquent if not paid on or before the due date shown on the bill. A late charge of ten percent of the unpaid bill shall be assessed on all bills paid more than thirty days after the due date.

(c) The Office of the City Manager is hereby authorized to enforce the payment of charges for water service to any premises by discontinuing the water service to such premises and an action of assumpsit may be instituted by the City against the customer. The charges for water service which, under the provisions of Public Act 94 of 1933, as amended, ("Act 94") are made a lien on the premises to which such service is furnished, are hereby recognized to constitute such lien. The Director of Finance shall, on June 30 and January 1, certify all unpaid charges for such service furnished to any premises which, as of these dates, have remained unpaid for a period of six months, to the City Assessor who shall place the same on a special assessment roll of the City. Such charges so assessed shall be collected in the same manner as general City taxes. If the City is properly notified, in accordance with Act 94, that a tenant is responsible for water service charges, no such service shall be commenced or continued to such premises until there has been deposited with the City Treasurer a sum sufficient to cover three times the average monthly or bimonthly bill for such premises, as estimated by the Director of Finance. Such deposit shall be in no case less than thirty-five dollars ($35.00). Where the meter service to any premises is turned off to enforce the payment of water service charges, the water service shall not be recommended until all delinquent charges have been paid and a deposit, as in the case of tenants, is made. In addition, there shall be a water turn-on charge of thirty dollars ($30.00). In any other case where, at the discretion of the Finance Director, the collection of charges for water service may be difficult or uncertain, the Director may require a similar deposit. Such deposits may be applied against any delinquent water service charges and the application thereof shall not affect the right of the City to turn off the water service to, any premises for a delinquency thereby satisfied. No such deposit shall bear interest. Such deposits, or any remaining balance thereof, shall be returned to the customer making the same when the water service is discontinued or, except as to tenants as to whom notice of responsibility for such charges has been filed with the City, when any eight successive monthly or bimonthly bills have been paid by such customer with no delinquency.

(d) Nothing contained in this chapter shall be deemed to alter or repeal any of the provisions of ordinances providing for the issuance of water supply system revenue bonds, with respect to the obligations of the City and the security of the bondholders thereunder. This chapter is intended to conform with such ordinances and if there is any conflict whereby the security of the bondholders or the obligations of such bonds are impaired, then, with respect to such conflict, the provisions of such ordinances shall prevail, so long as any water bonds issued under such ordinances are outstanding and unredeemed.

(e) The rates and charges established by the City for water service shall be as set forth in a schedule which shall be enacted by the City Commission from time to time by resolution.

1040.21 CONFLICTS WITH CONTRACTS.

If any provision of this chapter is inconsistent or in conflict with a provision of any contract between the City and a contract user, in effect on the date of the adoption of this chapter, the provisions of such contract shall prevail.

1040.22 WATER WELL RESTRICTED ZONE.

(a) The purpose of this section is to provide for the protection of the public health, safety and welfare in connection with the use of groundwater within certain portions of the City of Battle Creek. It has been determined that groundwater within the restricted zone (as defined in subsection (b) hereof) may contain hazardous substances at concentration levels which the Michigan Department of Environmental Quality has determined would be unsafe for consumption or certain other uses. It is further recognized that the protection of the residents of the City of Battle Creek from consumption and other uses of groundwater containing hazardous substances which may be injurious to human health may in certain cases be fostered by the adoption of restrictions in certain areas with regard to the installation and/or use of wells.

(1) The following described area is the restricted zone as defined under the terms of this section: An area commencing at the intersection of Waubascon Road and Limit Street and continuing in a southerly direction along the centerline of Limit Street to the centerline of Parkway Drive and then east along the centerline of Parkway Drive to the centerline of Howland Street and then north along the centerline of Howland Street to the centerline of Roosevelt Avenue, then east along the centerline of Roosevelt Avenue to Washington Avenue, then north along the centerline of Washington Avenue to the northern City limits, then west along the northern City limits to Limit Street.

(2) No person or legal entity shall install, allow, permit or provide for the installation or utilization of a well on any property on which he, she or it has an ownership interest, or a lessee or tenant interest, or control within the restricted zone. Property within the restricted zone shall be serviced only by the public water supply.

(3) Any person, firm or corporation found responsible for violating this section shall be responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98. Each day a violation continues shall be deemed a separate offense. In addition, the City may seek an order from the District Court to restrain any person from violating this section, including the collection of costs and attorney fees associated with such enforcement action. Any well in violation of this section shall also be declared and deemed to be a nuisance, subject to abatement, and shall be immediately taken out of service and lawfully abandoned. Any person found to be in violation of this section is subject to being ordered by the District Court to properly and lawfully remove or abandon the well.

(4) At least thirty days prior to any amendment or repeal in whole or in part of this section, the City shall notify the Michigan Department of Environmental Quality of its intent to so act.

(5) If any article, section, subsection, sentence, clause, phrase or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of remaining portions of this section, it being the intent of the City that this section shall be fully severable. The City shall promptly notify the Michigan Department of Environmental Quality upon the occurrence of any event described in the preceding sentence.

(1) "Restricted zone" means the area legally described and incorporated in this section.

(2) "Well" means an opening in the surface of the earth for the purpose of removing fresh water through nonmechanical or mechanical means for any purpose other than the obtaining of groundwater samples as part of a remedial activity consistent with the Michigan Natural Resources and Environmental Protection Act of 1994, as amended.

1040.23 UNTREATED DISCHARGE PROHIBITED: EXCEPTION.

No person shall discharge, from any place in or under the jurisdiction of the City, into any outlet, any sewage or other wastes, except where suitable treatment has been provided in accordance with the provisions of this chapter or where a discharge is under jurisdiction of an NPDES permit.

1040.24 PRIVATE DISPOSAL SYSTEMS GENERALLY.

Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, septic tank, cesspool or other private facility intended or used for the disposal of sewage.

1040.25 MANDATORY CONNECTION TO THE SYSTEM.

(a) It is hereby determined and declared that public sanitary sewers are essential to the health, safety and welfare of the residents of the City; that all structures in which sanitary sewage originates shall connect to the sewerage system at the earliest reasonable date as a matter for the protection of the health, safety and welfare of the residents of the City; and, therefore, all structures in which sanitary sewage originates that are situated or become situated within 200 feet of a street, alley, right of way or easement which contains a public sanitary sewer shall be connected to such sewer within ninety days after the mailing or posting of notice to such premises by the appropriate City official that such services are available. Such notification and the enforcement of this section shall be in conformity with Act 368 of the Public Acts of 1978, as amended.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.26 USE OF PRIVATE SYSTEMS PERMITTED.

If a public sanitary or combined sewer is not available, within the meaning of Section 1040.25, to any property from which sewage is discharged, such sewage shall be discharged to a private sewage disposal system complying with Sections 1040.27 and 1040.28.

1040.27 SPECIFICATIONS FOR PRIVATE SYSTEMS.

(a) The type, capacity, location and layout of a private sewage disposal system shall comply with all requirements of the County Health Department and shall be constructed and connected in accordance with the plumbing regulations of the City. No septic tank or cesspool shall be permitted to discharge to any public sewer or outlet.

(b).A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.28 OPERATION OF PRIVATE SYSTEMS.

(a) The owner of a private sewage disposal system shall operate and maintain such system in a sanitary manner and nuisance-free at all times, at no expense to the City. The owner shall comply with all requirements which may be imposed by the County Health Department.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.29 CONNECTION APPLICATIONS.

An application for connection to a public sewer shall, in every case be made by the owner or his agent on a form furnished by the City. Each application shall be supplemented by such plans, specifications, analyses or estimates of strength and quantity of wastewater to be produced, flow data or other information relative to wastewater conveyance, characteristics, quantities or pretreatment as are, in the judgment of the Director, considered pertinent. In the case of every industrial service connection, irrespective of whether or not a new physical connection is to be made, a new or amended application shall be filed with the City upon a change of ownership of the property served, upon a change of occupancy or upon a change of any activity resulting in changes in type of industrial waste. The holders of all permits issued under this chapter shall be subject at all times to all applicable Federal, State and local laws and regulations. At no time and in no way shall the holder of any permit acquire or be regarded as having acquired a vested or continuing right to maintain or to have continued any connection to the public sewer.

1040.30 COST OF SEWER CONNECTIONS; PERMITS REQUIRED.

(a) A connection to the public sewer, including the piping within any public street right of way, shall be made at the sole expense of the owner of the property served. Such connection shall not be made without the required approved permits issued by the Director of Public Works.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.31 UNAUTHORIZED CONNECTIONS.

(a) No person, without the approval of the Director of Public Works, shall uncover, make any connection with or opening into, or use, alter or disturb, any public sewer or appurtenance thereof.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202,98.

1040.32 CONSTRUCTION PERMITS; APPLICATION; FEE.

(a) The two classes of permits for constructing a building sewer are as follows:

(1) For residential and commercial service; and

(2) For property from which industrial wastes will be discharged.

(b) Application for such a permit shall be made on a special form provided by the Director of Public Works. Applications shall be supplemented with any plans, specifications and offer information considered pertinent by the Director. Tap fees as set forth in Section 1040.33 shall be paid to the City at the time the application is made.

1040.33 CONNECTION FEES.

(a) Connection Fee. A connection fee schedule shall be established from time to time by resolution of the City Commission.

(b) Premises Not Connected to Water System. The connection fee or connection tap fee may be determined for premises not connected to the City water system in a manner similar to that set forth in this section if an approved wastewater meter is installed in the sewage discharge line and is read by the City Water Department in accordance with their meter reading schedule. A connection fee will be charged for each 1,000 cubic feet of wastewater discharged per month, based on a twenty-four month average, as described in this section.

(c) Installment Payments. Any connection tap fee or connection charge permitted to be paid in installments may be paid in accordance with the following:

(1) Application. Application for an installment payment may be made to the City Treasurer.

(2) Installments. The fee or charge may be made in not more than ten annual installments, bearing interest on the unpaid installment at the rate of six percent per annum to accrue from the date of billing by the City.

1040.34 CONSTRUCTION COSTS; INDEMNIFICATION OF CITY FOR LOSS.

All costs and expenses incident to the installation and connection of a building sewer to a public sewer shall be borne by the owner of the building sewer. The owner shall indemnify the City for any loss or damage that may directly or indirectly be occasioned by the installation and connection of a building sewer.

1040.35 SEPARATE INSTALLATIONS REQUIRED.

(a) A separate and independent building sewer shall be provided for each building, except as otherwise provided in the construction permit.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.36 USE OF OLD BUILDING SEWERS.

An old building sewer may be used in connection with a new building only when found, on examination and test by the Director of Public Works, to meet all requirements of this chapter.

1040.37 BUILDING SEWER SPECIFICATIONS.

(a) The size, slope, alignment and materials of construction of a building sewer, and the method 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 Housing Code or other applicable rules and regulations of the Director of Public Works and the State, provided, however, that this section shall not be construed to prevent the use of any material for a building sewer which is included in the most recent edition of the State Environment Plumbing Code, as adopted by the City, including the use of copper or plastic pipe in applications permitted by the State Plumbing Code. In the absence of Code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of Water Environment Federation Manual of Practice No. 9 and applicable American Society for Testing and Materials (A.S.T.M.) standards shall apply.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.38 CONNECTIONS OF BUILDING SEWERS TO BUILDING DRAINS.

(a) Whenever possible, a building sewer shall be connected with a building drain at an elevation below the basement floor. In any building in which the 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.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.39 DOWNSPOUTS AND OTHER UNLAWFUL CONNECTIONS TO BUILDING SEWERS OR DRAINS.

(a) No roof downspout, exterior foundation drain, areaway drain or other source of surface run-off or ground water shall be connected to a building sewer or building drain.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.40 INSPECTIONS.

An applicant for a permit for the construction of a building sewer shall notify the Building Inspection Department of the City when the building sewer is ready for inspection and connection to the public sewer. Such connection shall be made under the supervision of the Department.

1040.41 SEPARATE BUILDING SEWERS REQUIRED; EXCEPTION.

(a) A separate and independent building sewer shall be provided for every building, except that 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.

(b) A person who, violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.42 CONSTRUCTION OF PUBLIC SEWERS.

(a) No public sewer shall be constructed in the City, except by the City or by others in accordance with plans and specifications approved by the Director of Public Works and subject to inspection by the Director during construction. No sewer shall be considered to be a part of the sewerage system until accepted in writing by the Director.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.43 CONSTRUCTION SPECIFICATIONS.

(a) The size, slope, alignment and material of construction of a sewer, the method to be used in excavating, placing of pipe, jointing, testing and backfilling of a sewer, and any other work connected with the construction of a sewer, shall conform with the requirements of the Director of Public Works.

(b) A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.44 GENERAL REQUIREMENTS FOR USE OF PUBLIC SEWERS.

(a) All sewage, waste and wastewater shall be discharged to public sanitary sewers, except as otherwise expressly provided for in this chapter.

(b) No person shall discharge any substance directly into a manhole or other opening in a City sewer other than through an approved building sewer.

(c) In no event shall a storm drain or outlet or channel be used to discharge any sewage, industrial waste or other polluted waters, except where permitted by an NPDES permit.

(d) The use of diluting waters to meet requirement standards for the discharge of wastes is prohibited.

(e) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.45 DISCHARGE OF UNCONTAMINATED WATER INTO CITY SEWERS.

(a) The City may approve the discharge of the waters listed in this section into a City sewer only when no reasonable alternative method of disposal is available. Approval shall be by letter of acceptance, with the user paying the applicable user charges and fees. The user shall meet other conditions as may be required by the City. In no event shall an approval be valid if such discharge fails to comply with applicable State and Federal regulations. The waters to which this section refers are as follows:

(1) Storm water, surface water, ground water, rain water, roof run-off, street drainage, subsurface drainage or yard drainage; and

(2) Unpolluted water, including, but not limited to, cooling water.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.46 PROHIBITED DISCHARGES.

(a) A non-domestic user shall not introduce into the POTW any pollutant that causes pass-through or interference. The City shall investigate incidences of pass-through or interference and take appropriate enforcement action and inform the responsible non-domestic user of the impact thereof. The general application of this subsection and the specific prohibitions at subsection (b) hereof shall apply to each nondomestic user introducing pollutants into a POTW whether or not the non-domestic user is subject to any other national, state or local pre-treatment standards or requirements.

(b) No person shall discharge or cause to be discharged into any public sewer, directly or indirectly, sewage containing any of the following described substances or cause any of the following substances to be introduced into a POTW:

(1) Pollutants that create a fire or explosion hazard in the POTW, including waste streams that have a closed cup flash point of less than 140 degrees Fahrenheit using the test methods specified at 40 CFR Section 261.21 (1990).

(2) Pollutants that will cause corrosive structural damage to the POTW. Discharges that have a pH higher than 9.5 or lower than 6.0 or having any other corrosive property capable of causing damage or hazard to the sewerage system and its structures, equipment and personnel of the POTW shall not be discharged.

(3) Solid or viscous pollutants in amounts that will cause obstruction to the flow in the POTW resulting in interference.

(4) Any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate or pollutant concentration that will cause interference with the POTW.

(5) Heat that will inhibit biological activity in the POTW resulting in interference and, in no case, heat that produces a temperature at the POTW of more than 104 degrees Fahrenheit.

(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

(7) Pollutants that result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health or safety problems.

(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW, but only when trucked or hauled in compliance with all State and Federal Hazardous Waste and Liquid Industrial Waste Laws.

(c) A non-domestic user shall have an affirmative defense in any action brought against it alleging violation of the general prohibition at subsection (a) and the specific prohibitions at subsections (b)(3)(4)(5) and (6) if the user can demonstrate both of the following:

(1) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference.

(2) During the pass-through or interference the user was in compliance with any local limit designed to prevent pass-through or interference before and during the pass-through or interference; or, if no local limit has been developed to prevent pass-through or interference, the user's discharge directly before and during the pass-through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with its NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge us or disposal.

1040.47 GARBAGE GRINDERS.

(a) Waste from garbage grinders shall not be discharged into a City sewer except:

(1) Wastes generated in preparation of food normally consumed on the premises; or

(2) Where the user has obtained a permit for that specific use from the City and agrees to undertake whatever self-monitoring is required to enable the City to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the City sewers. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, garden refuse or waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments.

(b) A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

1040.48 STORED LIQUID WASTES.

(a) Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the City sewerage system. Wastes of this category include, but are not limited to:

(1) Septic tank pumpings;

(2) Chemical toilet wastes;

(3) Trailer, camper, housecar or other recreational vchicle wastes;

(4) Pleasure boat wastes;

(5) Industrial wastes collected in containers or tanks, except where the tanks and sumps are an integral part of the wastewater system and where discharges will not violate any of the provisions of this chapter;

(6) Any trucked wastes or hauled pollutants, except at discharge points designated by the POTW.

(b) A person who violates any provision of paragraphs (a) (1) through (4) hereof is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98. A person who violates paragraph (a)(5) or (6) hereof shall be subject to the penalty provided in Section 1040.89(a).

1040.49 SPECIAL DISCHARGE AUTHORIZATION.

(a) No person shall discharge or cause to be discharged into any public sewer, directly or indirectly, the following described substances, except as provided by contract, unless the Director of Public Works issues his written determination that such discharge will not harm the public sewers or the treatment plant, or have an adverse effect on any public waters, or otherwise endanger life, health or property, or constitute a nuisance, and expressly gives written authorization for the discharge. In no event, by contract or otherwise, shall any discharge be made in violation of the Federal pretreatment standards and requirements. In determining the acceptability of such substances, the Director may give consideration to such factors as the quantity of the substance in question in relation to the quantity of flow and velocity in the public sewers, the material of construction of the public sewers, the nature of the sewage treatment process, the capacity of the treatment plant, the degree of treatability of such substance in the treatment plant - and other pertinent factors. The Director may make such determination either on a general basis or as to specific discharges from individual owners and may prohibit the discharge of a substance by an individual owner because of unusual concentrations or combinations which may occur. The substances prohibited are as follows:

(1) Any wastewater, liquid or vapor form, having a temperature higher than 140 degrees Fahrenheit;

(2) Any fat, wax, grease or oil, whether emulsified or not, in excess of 100 milligrams per liter (mg/l) or any substance which may solidify or become discernibly viscous at temperatures between thirty-two degrees Fahrenheit and 140 degrees Fahrenheit;

(3) Any garbage that has not been shredded to such a degree that all particles will be carried freely in suspension under normal flow conditions, or having particles greater than one-half inch in any dimension;

(4) Any acid, iron pickling waste or concentration plating solution, unless neutralized or rendered amenable to the City's treatment process and as approved by the Director;

(5) Any phenols or other taste or odor-producing substances which constitute a nuisance or hazard to the public sewers or the treatment plant or its personnel, or which prevent sewage treatment adequate to meet the requirements of any government or public agency having authority to regulate the discharge into public waters;

(6) Any radioactive waste, except that persons authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged, or permit to be discharged, such waste, in strict conformity with the current State radiation control regulations and Federal regulations and recommendations for safe disposal of such wastes, as they now exist or may hereafter be amended, provided that such persons notify the Director of the discharge and comply with all applicable rules and regulations of all other regulatory agencies;

(7) Any quantity of flow or concentration of a waste component constituting a slug;

(8) Excessive discoloration, including, but not limited to, dye wastes and vegetable tanning solutions;

(9) Any wastewater containing, as a twenty-four hour average concentration, the following materials:

A. Phosphorus greater than 10.0 mg/1;

B. A five day BOD greater than 300.0 mg/l;

C. Suspended solids, including but not limited to, fuller's earth, lime slurries and lime residues greater than 350.0 mg. /l;

D. Dissolved or precipitable inorganic solids, including, but not limited to, sodium chloride and sodium sulfate of greater than 1,000.0 mg/l;

(10) Any wastewater with a component in excess of:

Toxicants	Maximum Concentration Allowable (mg/l)
Antimony	1.0
Arsenic	0.3
Barium	2.0
Benzidine	0.001
Beryllium	0.5
Cadmium	0.1
Carbon Tetrachloride	8.5
2-chlorophenol	4.2
Chromium hexavalent	0.5
Chromium, total	1.5
Copper	1.0
Cyanides, total	0.5
2, 4-dichlorophenol	7.1
Herbicides and/or pesticides	0.001
Lead	0.2
Mercury	0.01
Nickel	0.75
PBB, alone or in combination	0.2
PCB's	1.2 X 10-8
Phenols	3.0
Selenium	2.0
Silver	0.04
2, 4, 6-trichlorophenol	0.7
Zinc	2.5

(11) Any other metallic or organic compounds as determined by the Director to be sufficient to impair the operation of the sewage treatment process, or which may affect the capability of the City treatment works to comply with water quality standards or effluent limitations specified in a City NPDES permit. Where appropriate, if Federal effluent limitations are more stringent, including, but not limited to, National Categorical Pretreatment Standards, they shall apply.

(12) Any wastewater containing the following organics:

A. Cumulative total toxic organics (TTO's) listed below greater than 2.0 mg/1:

1. Purgeable halocarbons

2. Purgeable aromatics

3. Acrolein and acrylonitrile

4. Phenols

5. Benzidines

6. Phthalate esters

7. Nitrosamines

8. Organochlorine--pesticides and PCB's

9. Nitroaromatics and isophorone

10. Polynuclear aromatic hydrocarbons

11. Haloethers

12. Chlorinated hydrocarbons

13. 2, 3, 7, 8-tetrachlorodibenzeno-p-dioxin

14. Purgeables

15. Base/neutral, acids and pesticides

B. Individual trihalomethanes (THM's) greater than 0.20 mg/l.

C. All other individual organics greater than 0.10 mg/l.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.50 PRETREATMENT; TREATMENT; PROTECTION AGAINST ACCIDENTAL DISCHARGE.

(a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter, Federal retreatment standards and permit conditions, and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the Federal pretreatment regulations.

(b) Any facilities required to pretreat wastewater shall be provided, operated and maintained at the industrial user's expense. New sources shall install and have in operating condition and shall "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable pretreatment standards. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director of Public Works for review and shall be approved by the Director of Public Works before construction of the facility. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this chapter and permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the Director of Public Works prior to the industrial user's initiation of the changes.

(c) The Director of Public Works may issue an industrial user discharge authorization (permit) for not more than five years upon application by a user subject to Section 1040.51. Applications for industrial user discharge authorizations shall contain such material as required to evaluate the user effluent, including, but not limited to, information required in Section 1040.54.

(d) Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. In each instance, detailed plans showing the required pretreatment facilities and operating procedures shall be submitted to the City for review and shall be approved by the City before construction of the facility. The review and approval of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facilities as necessary to produce an effluent complying with this chapter. Any subsequent changes in the required pretreatment facilities or method of operating affecting the effluent shall be reported to, and approved by, the City. The facilities shall be available for inspection by the Director at all reasonable times. No authorization to construct or operate the pretreatment facilities shall be valid until all conditions herein have been satisfactorily met.

(e) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.51 INDUSTRIAL USER DISCHARGE AUTHORIZATION.

(a) The following industrial users are required to apply for an industrial user discharge authorization (permit):

(1) Any significant industrial user;

(2) Any user required by State pretreatment requirements to obtain a permit;

(3) Any user providing pretreatment; and

(4) Any other user directed by the Director to apply for a permit.

(b) Existing users required to obtain a permit by subsection (a) hereof must apply for a wastewater contribution permit within ninety days of the effective date of this section, unless they presently hold a valid industrial user discharge authorization.

(c) New sources required to obtain a permit by subsection (a) hereof must apply for and receive a wastewater contribution permit prior to discharging pollutants into the POTW.

(d) Any user not required to obtain a permit for existing discharges must apply for and receive an industrial user discharge authorization changing the user's discharge in such a manner meeting the conditions of subsection (a) hereof.

(e) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.52 BYPASSES.

(a) Permitted. An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to subsection (b) and (c) hereof.

(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, if possible at least ten days before the date of the bypass.

(2) An industrial user shall orally notify the POTW of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within twenty-four hours of becoming aware of the bypass. A written submission shall also be provided within five days of becoming aware of the bypass. The written submission shall contain a description of the bypass and its cause, the duration of the bypass, including exact times and dates 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 recurrence of the bypass.

(1) A bypass is prohibited and the POTW may take enforcement action against an industrial user for a bypass, unless:

A. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

B. There were no feasible alternatives to bypass, such as use of auxiliary treatment facilities, retention of wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed to prevent bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

C. The industrial user submitted notices as required by subsection (b) hereof.

(2) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph (c)(1) of this section.

(d) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.53 DISCHARGE REPORTS.

(a) The Director may require that any person discharging wastewater into a City sewer file a periodic discharge report. The discharge report may include, but need not be limited to, the general nature of the process, volume, rates of flow, mass emission rate, production quantities, hours of operation, normal number and classification of employees or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. Such reports may also require the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.54 INFORMATIONAL REPORTS.

(a) All current and proposed industrial users shall be required by the Director to file informational reports for the benefit of local, State and Federal governmental units. The user shall comply with the Director's request for data by submitting, as may be necessary, in units and terms appropriate for evaluation:

(1) The name, address and SIC number of the industrial user;

(2) The volume of wastewater to be discharged;

(3) The wastewater constituents and characteristics, including, but not limited to, those mentioned in Section 1042.29, as determined by a laboratory approved by the Director;

(4) The time and duration of discharge;

(5) The average and fifteen-minute peak instant wastewater flow rates, including daily, monthly and seasonal variations, if any;

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all transfers and appurtenances by size, location and elevation;

(7) A description of activities, facilities and plant processes on the premises, including all materials, processes and type of materials which are or could be discharged;

(8) Each product produced, by type, amount and rate of production;

(9) The number and type of employees and hours of work;

(10) A hazardous materials survey;

(11) Informational reports from categorical industries within 180 days after the effective date of the categorical pretreatment standards, which reports shall include a statement as to whether pretreatment standards are being met on a consistent basis and, if not, whether additional operations and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements;

(12) Any other information relative to wastewater conveyance, characteristics, quantities or pretreatment, as may be determined by the Director to be necessary to evaluate the data furnished by the user, including reports of monitoring of any pollutant more frequently than required by POTW;

(13) The results of sampling and analysis identifying the nature and concentration of any pollutants in the discharge which are limited by any national categorical pretreatment standards or which are described in Section 1042.29. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations. Sample should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with wastewater regulated by a national categorical pretreatment standard prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR, Section 403.6(e) in order to evaluate compliance with pretreatment standards;

(14) The shortest schedule by which the user will provide additional pretreatment or operation and maintenance if required to meet pretreatment standards. The completion date in this 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 non-domestic user to meet the applicable categorical pretreatment standards. Such event may include but are not limited to any of the following:

1. The hiring of an engineer,

2. Completing preliminary plans,

3. Completing final plans,

4. Executing contracts for major components,

5. Commencing construction,

6. Completing construction,

7. Other similar major events.

B. An increment referred to in this Section shall not be more than nine months.

C. Not later than 14 days following each date in the schedule and the final date for compliance, the non-domestic user shall submit a progress report to the City which shall include at a minimum, whether or not the user complied with the incrernent 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 the delay, and the steps being taken by the non-domestic user to return the construction to the schedule established. Not more than nine months shall elapse between progress reports to the City.

(15) A listing of any toxic pollutant which the applicant uses or manufactures as an intermediate or final product or by-product;

(16) The signature of an authorized representative of the user certified by a qualified professional indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and additional pretreatment is required and the Certification Statement required by 40 CFR, Section 403.6(a)(2)(ii).

(17) Evidence of the following by users subject to a national categorical pretreatment standard:

A. A baseline monitoring report submitted to the Director ninety days prior to first discharge, a ninety-day report and semiannual reports that meet Federal pretreatment requirements at 40 CFR, Section 403.12 or any revision thereto indicating the nature and concentration of pollutants in the discharge.

B. Use of a minimum of four grab samples for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, twenty-four hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The City may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional composite sampling is infeasible. In such cases samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

C. A minimum of one representative sample taken to compile that data necessary to comply with the requirements of this paragraph.

(18) Semiannual reports to the Director from any significant industrial user or other user required to have a permit, indicating the nature and concentration of pollutants in the discharge. The specific standards or the POTW itself may require this report to be filed more frequently. In addition, this report shall include a report of all daily flows which, during the reporting period, exceeded the average daily flow in the permit.

(19) Notification to the City in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under paragraph (a)(20) hereof.

(20) Hazardous waste notification, as follows:

A. Any industrial user, except as specified in paragraph (a) (20)E. hereof, which discharges to the public sewer an substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR, Part 261, shall notify the City in writing of such discharge.

B. All hazardous waste notifications shall include:

1. The name of the hazardous waste as set forth in 40 CFR, Part 261;

2. The EPA hazardous waste number;

3. The type of discharge (continuous, batch or other); and

4. A certification that the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

C. In addition to the information submitted under paragraph (a) (20)B. hereof, industrial users discharging more than 100 kilograms of hazardous waste per calendar month to the public sewer shall provide, to the extent such information is known and readily available to the industrial user:

1. An identification of the hazardous constituents contained in the waste;

2. An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and

3. An estimation of the mass or constituents in the waste stream expected to be discharged during the following twelve months.

D. Hazardous waste notifications shall be submitted no later than February 19, 1991, except that industrial users commencing the discharge of listed or characteristic hazardous waste after August 23, 1990, shall provide the notification no later than 180 days from the discharge of the wastes. Any notification under this section need be submitted only once for each hazardous waste discharged, although notifications of changed discharges must be submitted under paragraph (a)(19) hereof.

E. Industrial users are exempt from the hazardous waste notification requirement during a calendar month in which they discharge fifteen kilograms or less of non-acute hazardous wastes. Discharge of any quantity of acute hazardous waste, as specified in 40 CFR, Sections 261.30(d) and 261.33(e), requires a one-time notification.

(21) An industrial user discharge authorization containing, at a minimum;

A. A statement of duration, in no case more than five years;

B. A statement of non-transferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator;

C. Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits and State and local law;

D. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency and same type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits and State and local law;

E. A statement of applicable civil and criminal penalties for a violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable Federal deadlines.

(22) Both of the following provisions apply to the notification of a changed discharge:

A. A non-domestic user shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in its discharge, including all of the following, if applicable:

1. Ground waters that are purged for remedial action programs.

2. Ground waters containing pollutants that infiltrate into the sewers.

3. Listed or characteristic hazardous wastes for which the non-domestic user has submitted notification under paragraph (a)(20) hereof.

B. The City shall evaluate all new or changed discharges with respect to general and specific prohibitions contained at Section 1040.47 before acceptance by the POTW.

(b) Unless another period of time is specifically provided elsewhere in this section, any changes in information required by this section shall be submitted by the user to the City within 60 days.

(c) Compliance by existing sources with categorical pretreatment standards shall be obtained within three years of the date the standards are effective, unless a shorter compliance time is specified by the appropriate subpart of 40 CFR Chapter 1, Subchapter N (1990). Direct discharges that have had National Pollutant Discharge Elimination System Permits modified or reissued to provide a variance pursuant to Section 301 of the Act shall be required to meet compliance dates set in any applicable categorical pretreatment standards. Existing sources that become non-domestic users subsequent to the promulgation of an applicable categorical pretreatment standard shall be considered existing non-domestic users, except where the sources meet the definition of a new source as that term is defined at Rule R 323.2302(r) of the Rules promulgated by the Michigan Department of Environmental Quality, Environmental Response Division, regarding pretreatment of waste water.

(d) Any person who violates any of the provisions of such Section (b) shall be subject to the penalty provided at Section 1040.89(a).

1040.55 PUBLIC INSPECTION OF RECORDS; CONFIDENTIAL INFORMATION.

(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies in accordance with appropriate State and Federal laws and regulations. When requested by the person furnishing information, portions of that information which disclose trade secrets or secret processes shall not be made available for inspection by the public. However, all such regulations as shall replace that regulation, shall be made available to the public as required by Federal law or regulation. Information may be made available to governmental agencies which require it for making studies only after conforming to the requirements for disclosure of confidential information contained in 40 CFR, Part 2, Subpart B, Confidentiality of Business Information. Requirements listed therein shall be considered the minimum requirement for local agencies. Industrial users shall maintain all records pertaining to their discharges, whether created internally or for the purpose of complying with reports required by this chapter, for at least three years from the creation of such records.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.56 RIGHT OF ENTRY.

(a) Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, observation, measurements, sampling and testing in the performance of any of their duties. The City shall have the right to set up on a user's property, in locations that will not interfere with the user's operations and where the user's products will not become damaged or contaminated, such devices as are necessary to conduct sampling or metering operations, and to inquire into any industrial process to the extent necessary to establish the source, quantity, composition and concentration of the wastewater. When necessary, the user shall make arrangements with its security force, using procedures as might be reasonable, to allow for entry without delay by the City representatives for the purpose of performing their specific responsibilities. The City may examine and/or copy records pertaining to discharges into the City sewerage system and pertaining to persons or occupants of premises where wastewater is created or discharged.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.57 RESPONSIBILITY AND LIABILITY OF INSPECTORS AND OWNERS.

City representatives shall observe all safety rules applicable to the property and established by the owner. The owner shall be held harmless for injury or death to such representatives for reasons other than the owner's fault. The City shall indemnify the owner against loss or damage to its property for personal injury or property damage asserted against the owner and growing out of such entry, except any which may have been caused by the fault of the owner.

1040.58 DISCHARGE TESTING.

(a) The Director may require a user to test, at the user's expense and on a regular basis, the quantity, composition and concentration of its discharge, to sample and analyze the same in accordance with the analytical methods of 40 CFR 136 and to report the test results to the Director. If a user which has been so required by the Director fails to test and report to the satisfaction of the Director, then the Director may determine the quantity, composition and concentration of such discharge either by estimates on the basis of data available to the Director or by samplings, measurements and analyses performed by the Director at the expense of the user.

(b) Any person who violates any provision of this Section shall be subject to the penalty provided at Section 1040.89(a).

1040.59 MONITORING BUILDING SEWERS AND DRAINS.

(a) The Director may require the user to construct, at his or her own expense, monitoring facilities, including a control manhole, if necessary, to allow observation, inspection, sampling and measurement of the quantity, composition and concentration of waste to the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed and operated at the user's expense. The monitoring facility shall be situated on the user's premises, with accommodations to allow access by City representatives. There shall be ample room in or near the sampling point to allow accurate sampling and composting for analysis. All equipment and appurtenances thereto shall be maintained at all times in a safe and proper operating condition at the expense of the user. If self-monitoring reveals violation of any discharge limitations specified herein, the industrial user shall notify the City within twenty-four hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty days after becoming aware of the violation.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.60 MONITORING FACILITIES.

(a) When the location of monitoring facilities would be impractical or cause undue hardship on the user, the City may allow the facilities to be constructed in the public street or sidewalk area, located so that it is not obstructed by landscaping or parked vehicles. Whether constructed on public or private property, the control manhole, sampling and monitoring facilities and monitoring equipment shall be provided in accordance with all local and State governmental unit construction standards and specifications. Once required in writing by the Director of Public Works, the monitoring facility and appurtenances thereto shall be operational within ninety days, unless a written extension is granted by the Director. If no monitoring facility is required, the point of inspection shall be considered to be the upstream and downstream manhole in the public sewer.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.61 NOTICES AND INSTRUCTIONS FOR ACCIDENTAL DISCHARGES.

(a) A notice prepared by the user shall be prominently and permanently posted at appropriate locations at each commercial and industrial user facility advising its employees of whom to call in case of an accidental discharge in violation of any provision of this chapter. In addition, instruction shall be given to appropriate employees of the user and the same certified to the City on an annual basis.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.62 ACCIDENTAL DISCHARGES; REPORTS AND STATEMENTS.

(a) Any accidental discharge of a slug or a prohibited substance, or any substance which could cause a problem, directly or indirectly into a public sewer, shall be immediately reported to the wastewater treatment plant or the Director of Public Works by the person responsible for such discharge or by the owner or occupant of the property from which the discharge was made, to enable counter-measures to be taken by the City to minimize damage to the City sewers, treatment facilities, treatment processes and receiving waters.

(b) Such notification shall be followed, within seven days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification shall not relieve users of liability for any expense, loss or damage to the sewerage system, treatment plant or treatment process or for any fines imposed on the City on account thereof by any regulatory agency.

(c) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.63 SUBMISSION OF TIME SCHEDULE FOR CORRECTIVE ACTIONS.

(a) When the Director determines that discharge of wastewater is taking place, has been taking place or may take place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent permit limitations or pretreatment standards, the Director may require the user to submit for approval, with such modifications as is deemed necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89(a).

1040.64 CEASE AND DESIST ORDERS.

When the Director determines that a discharge of wastewater has taken place or is likely to take place in violation of any of the provisions of this chapter, the Director may issue an order to cease and desist such discharge, or practice or operation likely to cause such discharge, and direct those persons not complying with such prohibitions, limits, requirements or provisions to:

(a) Comply forthwith;

(b) Comply in accordance with a time schedule set forth by the City; or

1040.65 DAMAGE TO SEWERAGE SYSTEM; ASSESSMENT OF CHARGES.

When a discharge of wastes causes an obstruction, damage or any other impairment to the sewerage system, the City and/or a subscribing agency may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's charges and fees.

1040.66 EMERGENCY CORRECTIONS; LIABILITY FOR COSTS.

If repairs, construction or other public work is performed on the premises of a facility pursuant to any provision of law relating to the emergency performance of public work and the expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes or has caused a violation of any provision of this chapter, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable, jointly and severally, to the City for such public expenditures.

1040.67 ENFORCEMENT.

The primary responsibility for the enforcement of this chapter is hereby vested in the Director or designated agents of the City and/or any designated subscribing agency. In addition, field inspectors or of other employees of the City and/or the subscribing agency may be authorized to act for and on behalf of the Director with the power to inspect and issue notices for violations of any of the provisions of this chapter.

1040.68 APPEALS.

(a) Any user, permitted, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the Director, made or authorized pursuant to this chapter, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten working days of mailing or delivery of such decision, action, finding, determination or order, setting forth in detail the facts supporting the request for reconsideration. The Director, after consulting with the City Manager or other appropriate administrative personnel, shall render a final written decision within ten working days of the receipt of such request for reconsideration. Notification of the decision shall be made by personal service or certified mail to the address provided by the appealing party.

(b) Any user, permittee, applicant or other person aggrieved by the final determination of the Director may appeal such determination to the appropriate judicial tribunal within ten working days after receipt of the notification of the final determination of the Director. The appeal shall set forth in detail the facts and reasons supporting the appeal. Failure to comply with these statutory limitations and procedures shall bar further relief. During the pendency of any such appeal, the final determination of the Director shall remain in full force and effect.

1040.69 TERMINATION OF SERVICE.

In addition to statutes, rules or regulations authorizing termination of service for delinquency in payment, the City may terminate or cause to be terminated wastewater service to users for:

(a) Submitting to the Director, the City or a State or Federal governmental unit false statements, representations, records, reports, plans or other documents;

(b) Tampering with or rendering inaccurate any monitoring device, public or private meter or equipment installed or operated pursuant to this chapter;

(d) Discharging or causing to be discharged prohibited substances or substances requiring special discharge authorization without having obtained such authorization or with such authorization having been denied or revoked;

(e) Obtaining special discharge authorization under Section 1040.49 on the basis of false or misleading information;

(f) Refusal to allow the Director or City representatives reasonable access to the user's premises for the purpose of inspection and/or monitoring;

(g) Nonpayment of fees, surcharges or charges; or

(h) In cases where a user is causing or about to cause an imminent endangerment to the public health. The City may issue an order requiring the user to immediately cease and desist from discharging such endangerment. If the user fails to comply with such order, the City may take such steps as may be necessary to prevent further discharge, including physical blocking or severance of the user's connection to the City's system to stop such endangerment.

1040.70 PUBLIC NUISANCES.

Waste or wastewater discharge, threatened waste or wastewater discharge or any condition or act in violation of any provision of this chapter, or of a provision of any State or Federal agency, or of any order or directive of the Director of Public Works authorized by this chapter, is hereby declared to be a public nuisance. Such nuisance may be abated, removed or enjoined, and damages assessed therefor, in any manner provided by law.

1040.71 AUTHORITY TO LEVY REGIONAL USER CHARGES ON SUBSCRIBING AGENCIES AND THE CITY.

Monthly user charges shall be established by the City Commission from time to time by resolution for each subscribing agency and the City to recover regional costs of the City. Such charges shall be assessed against each subscribing agency and the City and shall be based upon the cost of service to treat both quantity (volume) and quality (BOD and SS) of wastewater discharge as determined by contribution to both average and for capital recovery, peak system use. Such charges shall recover from each subscribing agency and the City their proportional share of capital and operation and maintenance costs, including replacement.

1040.72 METHOD OF ASSESSING REGIONAL USER CHARGES TO SUBSCRIBING AGENCIES AND CITY.

(1) Fixed charges shall be based on costs associated with regional ground water infiltration/ inflow (I/I) and costs of operating and maintaining monitoring stations.

(2) Demand charges shall be based on the peak month discharge of the billable parameters during the fiscal year. Each subscribing agency and the City shall submit established peak month loadings of the billable parameters two months prior to the beginning of each fiscal year. If the estimated demand is exceeded, the agency or City shall be billed the demand unit rate multiplied by the new peak month discharge. This amount shall be assessed retroactively to the beginning of the fiscal year and for each month through the remainder of the fiscal year. If the estimated demand is not reached by the end of the fiscal year, the subscribing agency or City shall be credited an amount equal to the difference of the demand charges paid and the peak month discharge multiplied by tile demand unit rate.

(3) Loading charges shall be based on the quantity of billing parameters discharged during the billing period.

(b) Demand charges shall not be assessed under either of the following conditions:

(1) New connections to the City sewer shall only be assessed demand charges for the balance of the current fiscal year and for each subsequent fiscal year. New connections shall not be assessed demand charges retroactively to the beginning of the current fiscal year.

(2) Demand charges shall not be assessed for "act of God" accidental discharges by the City or a subscribing agency. Accordingly, no such "act of God" accidental discharge shall be included in the determination of peak month flow on which flow demand charges are based.

1040.73 AUTHORITY FOR SUBSCRIBING AGENCIES AND CITY TO LEVY CHARGES ON REGIONAL USERS.

The following charges shall be established from time to time by resolution for each user classification and category by each subscribing agency's governing body and the City Commission to recover regional costs of the City and local costs of the City and each subscribing agency:

(a) No free service shall be furnished by the City or any subscribing agency to any person or to any public agency or instrumentality. Monthly charges shall be assessed to all system users. Such charges shall be based upon the cost of service to treat both the quantity (volume) and quality (BOD and SS) of wastewater discharged and as to capital charges by contribution to both average and peak system use. Charges shall be comprised of user charges and industrial cost recovery charges where applicable.

(b) User charges shall be comprised of flat monthly service charges and quantity plant to recover their proportional share of operational and maintenance costs, including replacement.

(c) Capital charges shall be recovered by such flat monthly service charges and quantity charges as to recover the proportional share of capital, including replacement, and may include methods to reflect the necessity of having capital available for such users who need such capital plant during only certain portions of the year.

1040.74 METHOD OF ASSESSING USER SERVICE CHARGES TO USERS.

Flat monthly service charges shall be assessed for each customer to recover the local and regional costs allocated on a per customer basis. Such charges shall be identical for all customers within the boundaries of the City or a subscribing agency, but may vary between the City and subscribing agencies as a result of local and regional cost variances.

1040.75 METHOD OF ASSESSING USER QUANTITY CHARGES.

(a) Sewer charges shall be established by resolution of the City Commission according to water usage or sewer meter data, together with any extra strength charges which may be required by the cost of treatment of such extra strength effluent. Charges for strength and quantity of discharges pursuant to a special discharge authorization may be established by the City Commission resolution.

(b) Flat monthly user charges shall be assessed in accordance with Section 1040.33(b). Quantity user charges shall be applied to such schedule to determine flat monthly charges for different types of users.

1040.76 USE OF USER CHARGE AND INDUSTRIAL COST RECOVERY CHARGE REVENUES.

General revenues derived from regional sewer charges shall be deposited to the credit of the Regional Sewer Reserve Fund and may be used to defray any regional expense incurred by the City, except the revenues obtained from the industrial cost recovery charges so recovered. General revenues derived from local sewer charges shall be deposited to the credit of Local Sewer Reserve Funds and may be used to defray any local expense incurred by the City and subscribing agencies, except the revenues obtained from the industrial cost recovery charges so recovered. Of the ICR, fifty percent shall be returned, at least annually, to the U. S. Treasury, together with any interest earned thereon, and forty percent shall be deposited in U. S. obligations or securities guaranteed by the Federal government. The remaining ten percent shall be used by the City as it sees fit.

1040.77 BIENNIAL REVIEW OF CHARGES.

User charges and industrial cost recovery charges shall be reviewed biennially and adjusted as required to ensure consistency with PL 95-217 and regulations issued pursuant to PL 95-217.

1040.78 BILLING; HEARINGS.

(a) Service charges and surcharges for sewer service shall be established by resolution of the City Commission adopted from time to time and shall be billed on a monthly basis. Service charges for residential users shall be included as a separate item on the City services bill. Payments received for the City services bill shall only be applied in the following order:

(1) Refuse;

(2) Sewer; and

(3) Water.

(b) All bills shall be paid monthly to the City Treasurer's office on or before the due date. If the service charges and surcharges for water or sewer service remain unpaid for thirty days, a delinquency and termination notice shall be issued. The delinquency and termination notice shall provide the customer of record with the following information:

(1) The amount due;

(2) The customer's right to disputed bills hearing before the Finance Director or his authorized representative;

(3) Notice that service will be terminated in fifteen days if the bill remains unpaid; and

(4) Notice of the late charge as set forth in this section.

(c) A late charge of ten percent of the unpaid bill shall be assessed on all bills paid more than thirty days after the due date.

(d) A request for a hearing by the customer must be filed with the Finance Director not later than three working days before the date of discontinuance. In instances where the service is actually terminated and later reinstated, the customer shall be charged thirty dollars ($30.00) to cover the costs of reinstating the service. Where service is discontinued, the water shall be shut off from the premises until the unpaid bill, together with reconnection charges, has been paid. A request for hearing form may be obtained from the Finance Department and must be filed before the scheduled termination date. Such hearing shall be conducted by the Finance Director or his or her designee, for the purpose of allowing the customer of record to present objections to the bill. The Finance Director shall have authority to make corrections on the utility bill if an error is found.

(e) When water service commences or ceases, applicable charges may be prorated. If water service is supplied to a location, the customer of which has vacated the premises, and the City is satisfied that there has been a termination of the need for sewer charges, then the City, on application of the customer, may suspend liability for such charges and such charges shall be reinstated with the next bill rendered to a customer of such premises.

(f) The portion of the account which remains outstanding for 180 days shall then be collected under the procedures of a special lot assessment as set forth in Chapter 216 of these Codified Ordinances or in the Act 94 of the Public Acts of 1933, as amended, if applicable.

1040.79 DELINQUENCY; REMEDY OF CITY.

Unpaid service charges shall constitute a lien upon the property served, which lien shall be enforced as provided in Act 94 of the Public Acts of 1933, as amended. Whenever sewer charges have remained unpaid for six months, the Director of Finance may certify such unpaid charges to the City Assessor who shall place the same on a special assessment roll of the City. Such charges so assessed shall be collected in the same manner as special assessments as set forth in Section 216.13 of the Administration Code.

1040.80 BOND ORDINANCES.

Nothing contained in this chapter shall be deemed to alter or repeal any of the provisions of ordinances providing for the issuance of revenue bonds payable from the revenues of the system, with respect to the obligations of the City and the security of the bondholders thereunder. This chapter is intended to be in conformity with such ordinances and if there is any conflict whereby the security of the bondholders or the obligations of such bonds are impaired, then with respect to such conflict, the provisions of such ordinances shall prevail, so long as any bonds issued under such ordinances are outstanding and unredeemed.

1040.81 CONFLICTS WITH CONTRACTS.

If any provision of this chapter is inconsistent or in conflict with a provision of any contract between the City and any contract user, in effect on the date of the adoption of this chapter, the provision of such contract shall prevail. However, in no case shall contract provisions circumvent Federal pretreatment standards and requirements.

1040.82 INTENTIONAL DAMAGE OF SEWERAGE SYSTEM.

(a) No person shall willfully or carelessly break, damage, destroy, uncover, deface or tamper with any sewer or any part of the sewerage system or the treatment plant.

(b) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.89.

1040.83 HARDSHIP EXEMPTION.

Any user who has been assessed connection charges under this chapter may submit a hardship application to a committee composed of the City Manager, the Finance Director and the City Attorney, or their designees, seeking a deferment in the partial or total payment of the charges based upon a showing of financial hardship subject to and in accordance with the following:

(a) The user shall complete a hardship application provided by the Finance Director and shall file such application, together with all other required information, with the Finance Director not less than sixty days prior to the due date of the annual installment. Any such deferment shall be for that annual installment only. An application shall be completed and filed by each and every legal and equitable interest holder in the premises so assessed, except financial institutions having a security interest in the premises.

(b) Hardship applications shall be reviewed by the committee, as set forth above, and after due deliberation of such applications, the committee shall determine, in, each case, whether or not there has been an adequate showing of financial hardship and shall forthwith notify the applicant of such determination.

(c) An applicant who is aggrieved by the determination of the committee may request, within ten days from the mailing of the decision of the committee, the opportunity to appear before the committee, in person, for the purpose of showing hardship and presenting any argument or additional evidence. Denial of hardship following such a personal appearance before the committee shall be final and conclusive.

(d) If the committee makes a finding of hardship, the committee shall fix the amount of deferment of partial or total charges so imposed and in so doing shall require an annual filing of the financial status of each applicant. Upon any material change of the financial status of an applicant, such applicant shall immediately notify the Finance Director so that a further review of the matter may be made. The duration of the deferment granted shall be self-terminating upon the occurrence of any one of the following events:

(1) A change of the applicant's financial status which removes the basis for financial hardship;

(2) A conveyance of an interest in the premises by any applicant, including the execution of a new security interest in the premises or an extension thereof; or

(3) A death of any applicant.

(e) Upon receiving a determination of the committee deferring partial or total charges imposed, the user shall, within one month, execute a recordable security interest in the premises to the City as the secured party, payable on or before the death of the applicant, or, in any event, upon any transfer of the premises. Such security interest shall be in an amount necessary to cover all fees and charges required under applicable ordinances, the consideration for such security interest being the grant of deferment pursuant to this section.

1040.84 FREE SERVICE PROHIBITED.

No free service shall be furnished by the system to any person, firm or corporation, public or private, or to any public agency or instrumentality.

1040.85 MODIFICATIONS OF CHAPTER.

Nothing in this chapter shall be construed to limit the right of the City to modify this chapter as may be necessary to comply with Federal or State laws, regulations, limitations or requirements applicable to discharge.

1040.86 NOTICE TO INDUSTRIAL USERS; TIME LIMIT FOR COMPLIANCE.

The City shall provide all industrial users with notice of the applicable standards and requirements that such users may be required to follow. Such notice shall be provided within thirty days after such standards and requirements are promulgated by the City and such notice shall stipulate a date by which the industry must be in compliance with such standards and requirements. However, in no event shall compliance be required with less than ninety days prior written notice to an industry.

1040.87 PUBLICATION OF LIST OF VIOLATORS.

The City shall publish annually, in the largest daily newspaper published in the City, or in the largest daily newspaper published in the County if the City does not have a daily newspaper, a list of the industrial users who, during the previous twelve months, were significantly violating applicable pretreatment standards or other pretreatment requirements.

1040.88 CONFLICT OF LAWS.

If any other ordinance or part of an ordinance is inconsistent or in conflict with any of the provisions of this chapter, this chapter shall prevail.

1040.89 PENALTY.

(a) Civil Penalty. Except as otherwise specifically provided, whoever intentionally or negligently violates any provision of this Chapter, or any provision of any permit issued pursuant to this Chapter, or intentionally or negligently discharges waste or wastewater which causes pollution, or intentionally or negligently violates any cease and desist order, prohibition, effluent limitation, national standard of performance or national pretreatment or toxicity standard, shall be civilly liable to the City in a sum not less than $1,000 or more than $10,000 for each day on which such violation occurs. The City may petition the appropriate court of jurisdiction to impose, assess and collect such sums pursuant to this Chapter, or to seek injunctions or restraining orders to enforce provisions of this Chapter.

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