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Chapter 94
UTILITIES*
Article I. In General
Sec. 94-1. Penalty for violations of chapter.
Sec. 94-2. Water and sewer connection permit.
Secs. 94-3-94-30. Reserved.
Article II. Department of Public Utilities
Sec. 94-31. Established.
Sec. 94-32. Appointment and general responsibilities of director and assis-
tant director.
Sec. 94-33. Establishment and supervision of divisions.
Sec. 94-34. Powers and duties of division superintendents-Division of water
supply and purification.
Sec. 94-35. Same-Division of sewage treatment.
Sec. 94-36. Same-Division of water and sewer maintenance.
Sec. 94-37. Same-Division of water and sewer billing.
Sec. 94-38. Moonlighting by members and employees.
Sec. 94-39. Appointment of additional employees.
Sec. 94-40. Limitation on expenditures; requisitions.
Secs. 94-41-94-60. Reserved.
Article III. Water System
Division 1. Generally
Sec. 94-61. Definitions.
Sec. 94-62. Rules and regulations of city commission and city manager.
Sec. 94-63. Charges and costs for service pipes and mains installed by city.
Sec. 94-64. Application for service and discontinuance of service.
Sec. 94-65. Turning water on or off at fire hydrants.
Sec. 94-66. Maintenance of service lines, stub lines and fixtures.
Sec. 94-67. Restriction on use of water for lawn sprinkling, cooling and
industrial purposes.
Secs. 94-68-94-85. Reserved.
Division 2. Water Use Charges
Sec. 94-86. Meters required; flat rates prohibited on new service; remote
reading devices.
Sec. 94-87. Separate meter and service pipe for each house.
Sec. 94-88. Testing of meters.
Sec. 94-89. Basis of charges.
Sec. 94-90. Rates established.
Sec. 94-91. Rates apply to each meter.
Sec. 94-92. Additional charge for users outside city.
Sec. 94-93. Division of city into districts for billing purposes.
Sec. 94-94. Adjustments of charges for meter inaccuracies.
Sec. 94-95. Determining charges in case of meter failure.
Sec. 94-96. When and where bills are due and payable.
*State law references-Ownership and operation of water supply or sewage disposal facility by city, Mich. Const. 1963, art.
7, § 24; local authority to provide and regulate sewer and water service, MCL 324.4301 et seq.; water and sewer authorities, MCL
124.281 et seq.
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MUSKEGON CITY CODE
Sec. 94-97. Charges for late payments.
Sec. 94-98. Notice of and discontinuance of service for delinquency.
Sec. 94-99. Charges as lien; credit not extended.
Sec. 94-100. Payment by city.
Sec. 94-101. No free service or use.
Secs. 94-102-94-130. Reserved.
Article IV. Sewers And Sewage Disposal
Division 1. Generally
Sec. 94-131. Rules and regulations; generally.
Secs. 94-132-94-150. Reserved.
Division 2. Construction, Repair and Related Matters
Sec. 94-151.Definitions.
Sec. 94-152.Compliance with state construction code.
Sec. 94-153.Designation on paving plan of laterals not constructed.
Sec. 94-154.Construction, alteration or repair prior to paving-Order by city
commission.
Sec. 94-155. Same-Notice to owner or occupant of property in front of or
contiguous to proposed improvement; resolution fixing time for
hearing, etc.
Sec. 94-156. Same-Failure of owner or occupant to comply with notice.
Sec. 94-157. Same-Work by city.
Sec. 94-158. Building sewers and connections.
Secs. 94-159-94-175. Reserved.
Division 3. Connections
Sec. 94-176. Connection by city at time of original construction; costs.
Sec. 94-177. Permit required for connection subsequent to time of original
construction.
Sec. 94-178. Maintenance, repair or replacement.
Sec. 94-179. City not responsible for breaking of mains, etc.
Sec. 94-180. Inspection of premises receiving sewer service.
Sec. 94-181. Change or amendment of rules.
Sec. 94-182. Connection, deposits to sanitary sewer.
Secs. 94-183-94-200. Reserved.
Division 4. Sewer Use Requirements
Subdivision I. In General
Sec. 94-201. Definitions.
Sec. 94-202. Purpose.
Sec. 94-203. Mandatory connection to sanitary sewer; denial of right to con-
nect.
Sec. 94-204. Privies and cesspools prohibited where sanitary sewer service
furnished.
Sec. 94-205. Connection of surface drainage pipes to sewers.
Secs. 94-206-94-220. Reserved.
Subdivision II. Discharge Restrictions
Sec. 94-221. Intent of regulations.
Sec. 94-222. Prohibited discharges.
Sec. 94-223. Future conditions.
Sec. 94-224. Wastewater analyses.
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UTILITIES
Sec. 94-225. Restrictions.
Secs. 94-226-94-240. Reserved.
Subdivision III. Authority Of Inspectors And Protection Of Owners
Sec. 94-241. Authority generally.
Sec. 94-242. Protection.
Sec. 94-243. Other inspections.
Secs. 94-244-94-260. Reserved.
Subdivision Iv. Monitoring and Sampling
Sec. 94-261. Sampling devices.
Sec. 94-262. Removal of samples and data.
Sec. 94-263. Authority to require submission of samples.
Sec. 94-264. Failure to permit access or removal of samples and other data.
Sec. 94-265. New installation or pretreatment facilities.
Secs. 94-266-94-280. Reserved.
Subdivision V. Reporting
Sec. 94-281. Industrial surveillance report required.
Sec. 94-282. Waivers.
Sec. 94-283. Emergency or accidental discharges.
Sec. 94-284. Reports by the county director regarding users affected by FCPS.
Sec. 94-285. Reports by users regarding FCPS.
Sec. 94-286. Reports by DPW board regarding FCPS.
Sec. 94-287. Records regarding FCPS.
Secs. 94-288-94-305. Reserved.
Subdivision VI. Administrative Organization
Sec. 94-306. Enforcement agency.
Sec. 94-307. Powers of the county.
Secs. 94-308-94-325. Reserved.
Subdivision VII. Orders
Sec. 94-326. General.
Sec. 94-327. Types of orders.
Sec. 94-328. Contents of orders.
Sec. 94-329. Factors beyond reasonable control.
Secs. 94-330-94-345. Reserved.
Subdivision VIII. Pretreatment
Sec. 94-346. General standards.
Sec. 94-347. Pretreatment plan.
Sec. 94-348. Compliance.
Sec. 94-349. Federal Categorical Pretreatment Standards (FCPS).
Secs. 94-350-94-365. Reserved.
Subdivision IX. Accident Prevention
Sec. 94-366. Containment facilities.
Sec. 94-367. Order to file.
Sec. 94-368. Approval of plan.
Sec. 94-369. Construction.
Sec. 94-370. Interim measures.
Sec. 94-371. Water Resources Commission rules.
Secs. 94-372-94-390. Reserved.
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MUSKEGON CITY CODE
Subdivision X. Surcharges
Sec. 94-391. Surcharges.
Sec. 94-392. Applicability.
Sec. 94-393. Determination.
Sec. 94-394. Criteria.
Secs. 94-395-94-410. Reserved.
Subdivision XI. Transition And Exemption
Sec. 94-411. Authorized current discharges.
Sec. 94-412. Exemptions.
Sec. 94-413. Conditions precedent to grant or denial.
Secs. 94-414-94-430. Reserved.
Subdivision XII. Enforcement and Procedure
Sec. 94-431. Citation.
Sec. 94-432. Service.
Sec. 94-433. Content of citation.
Secs. 94-434-94-450. Reserved.
Subdivision XIII. Administrative Appeals
Sec. 94-451. Scope.
Sec. 94-452. Informal hearings.
Sec. 94-453. Formal hearings.
Sec. 94-454. Finality of action.
Secs. 94-455-94-470. Reserved.
Subdivision XIV. Procedure for Conduct of Hearing
Sec. 94-471. Compliance with procedures.
Sec. 94-472. Hearing board.
Sec. 94-473. General procedures.
Sec. 94-474. Form of notice of hearing.
Sec. 94-475. Conduct of hearing.
Sec. 94-476. Method and form of decision.
Sec. 94-477. Judicial review.
Secs. 94-478-94-495. Reserved.
Subdivision XV. Penalties And Remedies
Sec. 94-496. Criminal penalties.
Sec. 94-497. Continuing offense.
Sec. 94-498. Surcharges.
Sec. 94-499. Civil penalties.
Sec. 94-500. Violation constitutes a public nuisance.
Sec. 94-501. Civil injunctive relief.
Sec. 94-502. Prima facie presumption.
Secs. 94-503-94-520. Reserved.
Subdivision XVI. Confidentiality
Sec. 94-521. Confidential information.
Sec. 94-522. Request for confidentiality.
Sec. 94-523. Request for release of confidentiality.
Secs. 94-524-94-540. Reserved.
Subdivision XVII. Upsets and Net/Gross
Sec. 94-541. Upset liability.
Sec. 94-542. Upsets and FCPS.
Sec. 94-543. Net/gross and FCPS.
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UTILITIES
Secs. 94-544-94-560. Reserved.
Division 5. Rates and Charges
Sec. 94-561.Definition.
Sec. 94-562.Rates and charges generally.
Sec. 94-563.User charge for sewer service.
Sec. 94-564.Sewer connection fee.
Sec. 94-565.Stub line installation fees.
Sec. 94-566.Customer classification.
Sec. 94-567.Industrial users to pay share of operation, maintenance, replace-
ment and depreciation costs plus amount for recovery of portion of
federal grants.
Sec. 94-568. Industrial users discharging process wastewater not exceeding
normal strength sewage to make quarterly payments to city
based on actual volume and strength of flow.
Sec. 94-569. Pretreatment or payment of surcharge required where industrial
user exceeds limits of normal strength sewage.
Sec. 94-570. Permit required to discharge wastewater exceeding normal strength
sewage.
Sec. 94-571. Reserved.
Sec. 94-572. Additional charge for industrial waste.
Sec. 94-573. Additional charge for service outside city.
Sec. 94-574. Charges for late payment; protest.
Sec. 94-575. Limitation on review of bill.
Sec. 94-576. Payment for services rendered city.
Sec. 94-577. Charges constitute lien.
Secs. 94-578-94-600. Reserved.
Article V. Cross Connections with Public Water Supply System
Sec. 94-601. Definitions.
Sec. 94-602. Compliance with existing laws.
Sec. 94-603. Cross connections prohibited.
Sec. 94-604. Local cross connection control program.
Sec. 94-605. Corrections and protective devices.
Sec. 94-606. Piping identification.
Sec. 94-607. Private water storage tanks.
Sec. 94-608. Inspection.
Sec. 94-609. Right to enter for purpose of inspection.
Sec. 94-610. Discontinuance of water service.
CD94:5
UTILITIES § 94-35
ARTICLE I. IN GENERAL responsible to the director of the division of water
supply and purification, the division of sewage
Sec. 94-1. Penalty for violations of chapter. treatment and the division of water and sewer
maintenance.
Any person violating any provision of this (Code 1975, § 24-15; Code 2002, § 94-32)
chapter concerning water, sewer and sewage dis-
posal shall be responsible for a municipal civil
Sec. 94-33. Establishment and supervision
infraction. For each day that the violation contin-
of divisions.
ues an additional municipal civil infraction will
occur. The responsibility for a municipal civil (a) The department of public utilities shall be
infraction for such violation shall be in addition to divided into the following divisions, which shall
any other civil penalties set forth in this chapter. be supervised by the director of the department of
(Code 1975, § 24-3; Code 2002, § 94-1) public utilities or by qualified persons appointed
by the director with the consent and approval of
Sec. 94-2. Water and sewer connection per- the city manager:
mit. (1) Division of water supply and purification.
No person shall make, or cause to be made, any (2) Division of sewage treatment.
connection to any water pipe or sewer constructed
or maintained by the city without first obtaining a (3) Division of water and sewer maintenance.
permit therefor from the department of public (4) Division of water and sewer billing.
works of the city; nor shall any person make, or
cause to be made, any such connection in any (b) The supervisor of each of these divisions
manner or at any time or place except as specified shall be designated as the superintendent of his
in such permit. division. Such superintendents shall perform their
(Code 1975, § 24-2; Code 2002, § 94-2) duties under the direct supervision and subject to
the approval of the director of utilities.
Secs. 94-3-94-30. Reserved. (Code 1975, § 24-16; Code 2002, § 94-33)
Sec. 94-34. Powers and duties of division
ARTICLE II. DEPARTMENT OF PUBLIC superintendents-Division of wa-
UTILITIES ter supply and purification.
The superintendent of the division of water
Sec. 94-31. Established.
supply and purification of the department of pub-
There is hereby established a department of lic utilities shall be in charge of the operation and
public utilities, having jurisdiction of all utilities maintenance of the water pumping and filtration
owned and operated by the city. plant and appurtenances. The superintendent of
(Code 1975, § 24-14; Code 2002, § 94-31) the division of water supply and purification of
the department of public utilities shall have full
Sec. 94-32. Appointment and general respon- charge of the intake pipes, wells, pumping sta-
sibilities of director and assis- tions, chlorinating or other purification plants,
tant director. and all other work pertaining to the supply of
water.
The city manager shall appoint a qualified (Code 1975, § 24-17; Code 2002, § 94-34)
person as director of the department of public
utilities, who shall be responsible for the plan- Sec. 94-35. Same-Division of sewage treat-
ning, management and operation of the complete
ment.
water and sewer systems of the city. The director
of the department of public utilities may appoint, The superintendent of the division of sewage
with the consent and approval of the city man- treatment of the department of public utilities
ager, an assistant director of utilities who shall be shall be in charge of the operation and mainte-
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§ 94-35 MUSKEGON CITY CODE
nance of the sewage treatment plant, intercep- public utilities shall file with the director of the
tors, sewage metering and pumping stations. Such department of public utilities a written notice of
superintendent shall also have supervision over the character of work engaged in, the place where
industrial waste discharges to the sewage system. so engaged, and make themselves available and
(Code 1975, § 24-18; Code 2002, § 94-35) be prepared at all times to respond immediately
to any call notifying them that their services are
Sec. 94-36. Same-Division of water and required by the department. It shall be the duty of
sewer maintenance. the director of the department of public utilities to
determine whether such outside activity of any
The superintendent of the division of water
and sewer maintenance of the department of member of the department is impairing or affect-
public utilities shall be in charge of the installa- ing his efficiency or interfering with his official
tion, maintenance and operation of the water and duties, and, if so, such member shall be required
sanitary sewer systems and appurtenances, ex- to discontinue such activity. Members of the de-
cept as provided in sections 94-34 and 94-35. The partment of public utilities may engage in work
superintendent of the division of water and sewer for other city departments whenever authorized
maintenance of the department of public utilities by the director of the department of public utili-
shall have full charge of all water mains, fire and ties.
other hydrants, elevated tanks, service pipes and (Code 1975, § 24-21; Code 2002, § 94-38)
other connections and meters.
(Code 1975, § 24-19; Code 2002, § 94-36)
Sec. 94-39. Appointment of additional em-
ployees.
Sec. 94-37. Same-Division of water and
sewer billing. The director of the department of public utili-
The superintendent of the division of water ties may appoint, with the consent and approval
and sewer billing of the department of public of the city manager, such other employees, in
utilities shall have full charge of the preparation, addition to those provided for in this article, as
billing and distribution of water and sewer ser- may be required from time to time by the depart-
vice charges and the necessary bookkeeping inci- ment.
dent thereto. The superintendent of the division (Code 1975, § 24-22; Code 2002, § 94-39)
of water and sewer billing of the department of
public utilities shall have prepared, in such form
Sec. 94-40. Limitation on expenditures; req-
as he may from time to time prescribe, blank
applications for the proper operation of his duties. uisitions.
(Code 1975, § 24-20; Code 2002, § 94-37)
The director of public utilities shall supervise
the water system and keep the water system in
Sec. 94-38. Moonlighting by members and
good order and repair. No repairs, extensions or
employees.
additions, the cost of which shall exceed the sum
Members and employees of the department of of $500.00, shall be made unless the approval of
public utilities shall devote their whole time and the city manager shall first have been obtained
attention to the service of the department, except therefor, and no supplies of any kind or cost shall
as provided in this section. During off-duty hours, be charged by the director or by any employee of
members and employees of the department of the department of public utilities, except upon
public utilities may engage in outside business requisition properly countersigned and filed with
activities so long as the latter shall in no way the purchasing agent.
impair or affect their efficiency or interfere with (Code 1975, § 24-23; Code 2002, § 94-40)
the performance of their official departmental
duties. When engaged in such outside activities,
members and employees of the department of Secs. 94-41-94-60. Reserved.
CD94:8
UTILITIES § 94-63
ARTICLE III. WATER SYSTEM* Sec. 94-63. Charges and costs for service
pipes and mains installed by city.
DIVISION 1. GENERALLY (a) If any property owner fails to make proper
connection with the water main before the paving
Sec. 94-61. Definitions. of a street is commenced, the city shall run the
stub line and a charge shall be made against the
The following words, terms and phrases, when property for the amounts set forth in the schedule
used in this article, shall have the meanings of fees and rates set forth in the resolution ad-
ascribed to them in this section, except where the opted by the city commission.
context clearly indicates a different meaning:
(b) Before water is turned on at any premises
Consumer means the person owning the prop- against which there may be a charge, all charges
erty in or upon which the water is consumed. lawfully made against the premises with interest,
Department means the city's department of if any, shall be paid in full . The city shall keep a
public utilities. record of all such accounts available and posted,
and a copy of such record shall be furnished to the
Director means the director of the department city director of finance. The city shall not turn
of public utilities. water on, nor permit water to be turned on or
used, at any premises in the city where accounts
Flat rate means the fixed charge for water and against the premises for water have not been fully
water service where no meter is used by the paid.
consumer.
(c) The city commission may determine, from
Service line and service pipe mean any line or time to time, whether to special assess a water
pipe leading from the property line to the build- main to benefit properties whether or not abut-
ing. ting the water main, or to charge connection fees
as set forth in this section.
Stub line and stub pipe mean the pipe leading
from the main to the property line. (d) Where the city performs or has performed
any one of the following, without charging abut-
System means the city's water system, also ting or benefitted properties a special assessment,
called works. a connection fee shall be charged:
(Code 1975, § 24-35; Code 2002, § 94-61)
(1) Installation of a main water line, where
Sec. 94-62. Rules and regulations of city com- no main water line has existed in the
mission and city manager. street where the new main is being in-
stalled;
The city commission may make such rules and
regulations governing the operation of the system (2) Installation of connections of stub lines to
and the collection of the service rates as it shall main water lines from a property which
deem necessary. The city manager may make has never been previously connected to a
such further bylaws, not inconsistent with the main water line in the street where the
rules and regulations of the city commission, as main is located;
he may deem necessary for the management and
(3) A connection fee will be charged whenever
protection of the system. Such rules, regulations
a meter is upgraded to a larger size.
and bylaws shall have the same force and effect as
Credit for any previous connection fee
ordinances.
paid will be given on the replaced larger
(Code 1975, § 24-36; Code 2002, § 94-62)
size meter. Where a property changes to a
*State law reference-Local authority to provide and smaller size meter, no refund of connec-
regulate sewer and water service, MCL 324.4301 et seq. tion fees shall be made;
CD94:9
§ 94-63 MUSKEGON CITY CODE
(4) Where a connection is made to a property the owner. Filing of the completed application
containing more than one residential unit shall be necessary to place in effect the account
or any nonresidential usage, there shall status change and termination or initiation of
be charged in addition to the connection service. All requests for water service shall be
fee, the cost of labor and materials to signed by the property owner.
provide the stub line from the city main
water line to the property boundary. (b) If any application for service shall require a
stub line of a diameter of three inches or larger,
The fee shall be determined by reference to the water shall not be turned on until the owner, at
costs of installation, repair, restoration, replace- his own cost and expense, shall have first fur-
ment, improvements and reserves for such instal- nished to the director of public works of the city
lation, repair, restoration, replacement and im- the written results of tests conducted by qualified
provements, the costs of bonds issued to pay for test operators certifying that the stub line and all
such improvements, including administrative and the owner's connections thereto have been hydro-
legal costs, and any other reasonable costs attrib- statically tested and disinfected in accordance
utable to such commission shall by resolution with the then existing standard construction spec-
adopt a schedule of connection fees, from time to ifications of the city.
time. Connection fees and estimates of actual (Code 1975, § 24-38; Code 2002, § 94-64)
costs where applicable shall be paid in full seven
days before installation begins. Sec. 94-65. Turning water on or off at fire
hydrants.
(e) Fees shall be charged for the installation of
a stub from the water main to the property No person other than the superintendent of
boundary in accordance with the resolution offees water and sewer maintenance or employees of the
and rates adopted by the city commission. Such system designated by him, or employees of the
stub line installation fees shall be charged where street department, on permission granted by the
the owner of the property or an authorized repre- superintendent of water and sewer maintenance,
sentative has requested an upgrade of service, or or a member of the fire department, shall be
an upgrade of service has been installed. The city permitted to turn water on or off at any fire
in such cases reserves the right to determine hydrant.
whether a stub replacement is warranted before (Code 1975, § 24-43; Code 2002, § 94-65)
agreeing to install the stub replacement. Stub
line installation fees will not be charged where an Sec. 94-66. Maintenance of service lines, stub
existing stub line is being replaced because of city lines and fixtures.
work on the main or the street. Any person taking water from the works shall
(Code 1975, § 24-37; Code 2002, § 94-63) not permit service lines, stub lines or fixtures
connected therewith to be in a state of disrepair or
Sec. 94-64. Application for service and dis- unprotected from frost. Any person who shall
continuance of service. allow meters to freeze or be damaged by heat or
hot water shall pay the cost of such repair each
(a) No person shall be granted water service, time such meter is repaired, and no water will be
nor shall water be turned on, until proper written furnished until such payment is made.
application therefor shall have been made on (Code 1975, § 24-44; Code 2002, § 94-66)
blanks furnished by the city for this purpose, and
no water shall be discontinued (except involun-
Sec. 94-67. Restriction on use of water for
tary discontinuance for cause or nonpayment)
lawn sprinkling, cooling and in-
until proper written application therefor has been dustrial purposes.
made on blanks also furnished by the city. Verbal
or telephone requests for turning on or turning off No person shall use water supplied by the
water will be accommodated by mailing or fur- system for lawn sprinkling purposes when so
nishing at the city hall forms to be completed by ordered by the director. The director may set
CD94:10
UTILITIES § 94-93
reasonable bans on water use for lawn sprinkling, Sec. 94-89. Basis of charges.
air conditioning, cooling and industrial use when,
in the opinion of the director, the use of this water The rates for services furnished by the system
will affect the health, safety and welfare of the shall be levied upon each lot or parcel of land,
citizens of the community. Such restriction shall building or premises within the corporate limits
also apply to any user of water or water service of the city having any connection with the system,
who is located outside of the corporate limits of on the basis of the quantity of water used thereon
the city. or therein as such quantity is measured by the
(Code 1975, § 24-45; Code 2002, § 94-67) city water meter there in use.
(Code 1975, § 24-53; Code 2002, § 94-89)
Secs. 94-68-94-85. Reserved. Sec. 94-90. Rates established.
The city commission may classify all users of
DIVISION 2. WATER USE CHARGES* water, and establish rates for such users, includ-
ing the establishment of rates for each fire hy-
drant or fire line publicly or privately owned and
Sec. 94-86. Meters required; flat rates pro- used only for such purposes, according to the
hibited on new service; remote quantity of water used and charge such rates to
reading devices. users of each class as it may deem advisable. Such
classes and rates shall be fixed and determined by
All new service added to the water distribution a schedule of rates and fees adopted by the city
system shall be metered with a remote reading commission by resolution.
device, and under no conditions shall flat rates be (Code 1975, § 24-54; Code 2002, § 94-90)
granted. Flat rates now in effect shall be discon-
tinued and meters shall be installed by the con-
Sec. 94-91. Rates apply to each meter.
sumer when, in the opinion of the director, such
discontinuance of the flat rates shall be deemed Whenever more than one meter is required for
advisable. A remote reading device shall be in- a property owner or consumer, the rates pre-
stalled on all existing meters and shall be at- scribed by this division shall apply to each meter.
tached to the outside of the dwelling. (Code 1975, § 24-55; Code 2002, § 94-91)
(Code 1975, § 24-40; Code 2002, § 94-86)
Sec. 94-92. Additional charge for users out-
Sec. 94-87. Separate meter and service pipe side city.
for each house. Any user of water or water service who is
located outside of the corporate limits of the city,
No two residences shall be placed on one water who has a connection with the water supply
meter, nor shall the service pipe be run from one system of the city, shall pay for water or water
house to another but shall be run directly to the service such additional rate to that charged to
main adjacent to the premises served. users within the city as the city commission may,
(Code 1975, § 24-41; Code 2002, § 94-87) from time to time, determine by contract or oth-
erwise.
Sec. 94-88. Testing of meters. (Code 1975, § 24-56; Code 2002, § 94-92)
Procedures and requirements for testing of Sec. 94-93. Division of city into districts for
meters shall be established by regulations ad- billing purposes.
opted by the city commission.
For the purpose of reading water meters and
(Code 1975, § 24-42; Code 2002, § 94-88)
the collection of water bills, the city shall be
*State law reference-Liability of landlords for water divided into three approximately equal districts,
charges, MCL 141.121. which shall be delineated and become a part of
CD94:11
§ 94-93 MUSKEGON CITY CODE
the records of the department of public utilities. same as a turnoff in regards to turn-on fees . The
Any necessary changes in the districts shall be water will not again be turned on until a turn-on
made by the division of water and sewer billing, fee, as set by the city commission, and all other
with the approval of the city manager, with a charges against the premises, shall have been
letter to the involved property owners. paid.
(Code 1975, § 24-57; Code 2002, § 94-93) (Code 1975, § 24-62; Code 2002, § 94-98)
Sec. 94-99. Charges as lien; credit not ex-
Sec. 94-94. Adjustments of charges for me- tended.
ter inaccuracies. All water rates shall be chargeable to and
Procedures and requirements for adjustments payable by the owners of the property in or on
of water and sewer charges for meter inaccuracies which service is rendered, and such charges shall
shall be established by regulations adopted by the constitute a lien on the property served by such
city commission. connection, and, if not paid within 90 days, may
(Code 1975, § 24-58; Code 2002, § 94-94) be collected in the same manner as general city
taxes. Credit for water or water service beyond
the regular billing period shall not be extended to
Sec. 94-95. Determining charges in case of any property owner or user.
meter failure. (Code 1975, § 24-63; Code 2002, § 94-99)
Procedures and requirements for determining State law reference-Liens for water charges, MCL
123.161 et seq.
charges in case of meter failure shall be estab-
lished by regulations adopted by the city. Sec. 94-100. Payment by city.
(Code 1975, § 24-59; Code 2002, § 94-95) The city shall pay, out of the appropriate gen-
eral funds of the city, the reasonable cost and
Sec. 94-96. When and where bills are due value of water furnished to the city by the system,
and payable. on the basis of the rates established by this
division and the amount of water used by the
All water bills for each water district in the city several departments of the city.
shall be due and payable at the city hall on the (Code 1975, § 24-64; Code 2002, § 94-100)
dates and on a schedule set forth in regulations
adopted by city commission resolution. Billing Sec. 94-101. No free service or use.
cycles may be determined for different types of No free service or use of the system, or service
users in accordance with reasonable standards. or use of the system at less than cost, shall be
(Code 1975, § 24-60; Code 2002, § 94-96) furnished by the system to any person, firm or
corporation, public or private, or to any public
Sec. 94-97. Charges for late payments. agency or instrumentality, including the city.
(Code 1975, § 24-66; Code 2002, § 94-101)
Charges for late payment shall be added to
Secs. 94-102-94-130. Reserved.
delinquent bills and shall be determined by reso-
lution of the city commission.
(Code 1975, § 24-61; Code 2002, § 94-97) ARTICLE IV. SEWERS AND SEWAGE
DISPOSAL*
Sec. 94-98. Notice of and discontinuance of
service for delinquency.
DIVISION 1. GENERALLY
Any water bill remaining unpaid for 15 days Sec. 94-131. Rules and regulations; gener-
after the due date shall be deemed delinquent, ally.
and the property owner shall be notified thereof.
The city commission may make such rules and
If the bill is not paid within ten days after the
regulations governing the operation of the sewer-
date of the notice, the water may be turned off, or
a reasonable effort will be made by the city to turn *State law reference-Local authority to provide and
off the water and such shall be considered the regulate sewer and water service, MCL 324.4301 et seq.
CD94:12
UTILITIES § 94-155
age system and the collection of the service charges Sec. 94-154. Construction, alteration or re-
as it shall deem necessary. Such rules and regu- pair prior to paving-Order by
lations and bylaws shall have the same force and city commission.
effect as ordinances.
(Code 1975, § 24-l(b); Code 2002, § 94-131) The city commission may, by resolution, before
laying any pavement, order constructed, raised,
lowered, relaid or repaired any lateral whenever a
Secs. 94-132-94-150. Reserved. change in grade or a new lateral is required.
(Code 1975, § 24-77; Code 2002, § 94-154)
DIVISION 2. CONSTRUCTION, REPAIR AND
RELATED MATTERS Sec. 94-155. Same-Notice to owner or occu-
pant of property in front of or
contiguous to proposed im-
Sec. 94-151. Definitions. provement; resolution fixing
time for hearing, etc.
The following words, terms and phrases, when
used in this article, shall have the meanings (a) The city commission shall give to the owner,
ascribed to them in this section, except where the agent or occupant of any parcel ofland in front of
context clearly indicates a different meaning: or contiguous to a lateral to be constructed, raised,
lowered, relaid or repaired, notice of not less than
Building sewer means the line running from 14 days of the time when the city commission will
the property line to the structure or building meet for the purpose of hearing such owner, agent
located thereon. or occupant relative to such work. The city com-
mission shall, by resolution, fix the time for such
Lateral means a stub line. hearing and the time when such work shall be
done. Such resolution shall also provide that in
Sewer service line and service line mean the the event the owner, agent or occupant of such
same as building sewer. parcel of land fails to make such proposed im-
provement, the work shall be done by the city and
the expense thereof shall be assessed as a special
Stub line means the sewer pipe running from
assessment. The city manager shall keep and file
the main sewer and any public way to the prop-
a copy of such notice, with the proper return of
erty line.
service thereon, and file the copy of such notice
(Code 1975, § 24-74; Code 2002, § 94-151)
with the city commission.
Sec. 94-152. Compliance with state construc- (b) For the purpose of serving the notice pro-
tion code. vided for in this section, the party to whom the lot
or premises is assessed shall be deemed the owner
All laterals shall be laid in compliance with the thereof, and in case it is assessed "owner un-
provisions of the state construction code. known," and the name of the owner cannot be
(Code 1975, § 24-75; Code 2002, § 94-152) ascertained, upon proof of that fact filed with the
city commission, the city commission shall pub-
lish such notice in a newspaper published and in
Sec. 94-153. Designation on paving plan of general circulation in the city, not less than three
laterals not constructed. weeks in succession, and upon filing of the affida-
vit of such publication with the city commission,
It shall be the duty of the city engineer to the same proceedings shall thereafter be had as if
designate on the paving plan all laterals and there had been personal service. When the owner
sewers not constructed. is known, but resides outside of the city, service
(Code 1975, § 24-76; Code 2002, § 94-153) may be made by registered mail. Upon the filing
CD94:13
§ 94-155 MUSKEGON CITY CODE
of proof of receipt of such notice by registered will be allowed only by special permission granted
mail, the same proceedings shall be had as though by the city. All costs and expenses incurred by the
personal service had been made. installation, connection, repair and maintenance
(Code 1975, § 24-78; Code 2002, § 94-155) of the building sewer shall be borne by the owner.
(Code 1975, § 24-81; Code 2002, § 94-158)
Sec. 94-156. Same-Failure of owner or oc-
cupant to comply with notice. Secs. 94-159-94-175. Reserved.
Any owner, agent or occupant of any premises
in front of or contiguous to a lateral to be con- DIVISION 3. CONNECTIONS
structed, raised, lowered, relaid or repaired, as
the case may be, who refuses to cause such work Sec. 94-176. Connection by city at time of
to be done within the time specified in the notice original construction; costs.
served upon him personally under section 94-155,
shall be deemed guilty of a misdemeanor and At the time of original construction of a public
shall, upon conviction, be fined in a sum not to sewer, the city shall install that portion of the
exceed $100.00 and the costs of prosecution. building sewer from the public sewer to the lot or
(Code 1975, § 24-79; Code 2002, § 94-156) easement line of all unserved properties. The cost
of this portion of the building sewer shall be paid
Sec. 94-157. Same-Work by city. by the owner of the properties.
(Code 1975, § 24-160; Code 2002, § 94-176)
(a) If the person, against whom an improve-
ment is to be assessed pursuant to a resolution
adopted under section 94-155, shall refuse or
Sec. 94-177. Permit required for connection
neglect to construct, repair, raise, lower or relay
subsequent to time of original
such lateral within the time specified in the notice
construction.
given him, the city commission shall then, by Those customers making connections subse-
resolution, instruct the city manager to cause quent to the time of original construction of the
such work to be done according to the resolution public sewer shall apply for and receive a sewer
authorizing such work, and the cost and expense connection permit. Application for such permit
thereof shall be a lien upon the premises in front and the payment therefore shall be made at the
of or contiguous to such lateral. The cost and water and sewer billing office. The cost of that
expense of such work shall be assessed, levied and portion of the building sewer from the public
collected in the same manner and be included in sewer to the lot or easement line, serving residen-
the amount raised for sewer purposes as other tial properties, shall be established from time to
taxes. time by resolution of the city commission. The
(b) The city manager shall keep, or cause to be cost of all other connections shall be those costs
kept, an itemized account of the total cost of work incurred by the city for the installation of such
done under this section, verify the amount and connections. All work within the public right-of-
file it with the city commission. The amount so way shall be performed by the city's forces and the
verified shall be the amount assessed and col- expense thereof shall be paid by the property
lected against such premises, and the cost shall owner. As established in this section, this pay-
be paid out of the contingent fund, and upon ment shall be part of the fee for the permit.
receipt of such sum from the taxpayer it shall be (Code 1975, § 24-161; Code 2002, § 94-177)
credited to the contingent fund.
(Code 1975, § 24-80; Code 2002, § 94-157) Sec. 94-178. Maintenance, repair or replace-
ment.
Sec. 94-158. Building sewers and connec- Those customers making connections to the
tions. public sewer shall install, at their expense, that
A separate and independent building sewer portion of the building sewer from such lot of
shall be provided for every building. Exceptions easement line to their premises. The customers
CD94:14
UTILITIES § 94-201
shall maintain, at their expense, the building Secs. 94-183-94-200. Reserved.
sewer. The city shall provide minor maintenance,
at the sewer utilities expense, of the public sewer.
DIVISION 4. SEWER USE REQUIREMENTS
Major maintenance and repair and/or replace-
ment of the public sewer may be assessed as a
special assessment against the benefited proper- Subdivision I. In General
ties.
(Code 1975, § 24-162; Code 2002, § 94-178) Sec. 94-201. Definitions.
Sec. 94-179. City not responsible for break- The following words, terms and phrases, when
ing of mains, etc. used in this division, shall have the meanings
The city shall, in no event, be held responsible ascribed to them in this section, except where the
for claims made against it by reason of the break- context clearly indicates a different meaning:
ing of any mains or service laterals, or by reason
of any other interruption of the service caused by Act means the Federal water pollution control
the breaking of machinery or stoppage for neces- act, as amended (Pub. L. 92-500, 86 Stat. 816 et
sary repairs. No person shall be entitled to dam- seq., 33 USC 1251 et seq.). Specific reference to
ages nor have any portion of a payment refunded sections within the act will be according to Pub. L.
for any interruption. 92-500 notation.
(Code 1975, § 24-163; Code 2002, § 94-179)
Administrator means the administrator of the
Sec. 94-180. Inspection of premises receiv- environmental protection agency or any employee
ing sewer service. of the agency to whom the administrator may by
order delegate the authority to carry out his
The premises receiving sanitary sewer service functions, or any person who shall by operation of
shall, at all reasonable hours, be subject to inspec- law be authorized to carry out such functions.
tion by duly authorized personnel of the city.
(Code 1975, § 24-164; Code 2002, § 94-180) Analytical methodology means the Guidelines
Establishing Test Procedures for the Analysis of
Sec. 94-181. Change or amendment of rules. Pollutants, 40 CFR 136, as amended, or proce-
These rules may be changed or amended. dure described in section 94-224(b).
(Code 1975, § 24-165; Code 2002, § 94-181)
BOD (biochemical oxygen demand) means the
quantity of oxygen utilized in the biochemical
Sec. 94-182. Connection, deposits to sani-
oxidation of organic matter under standard labo-
tary sewer.
ratory procedures in five days at 20 degrees
No person shall connect a roof drainage sys- Celsius, expressed in milligrams per liter.
tem, foundation drainage system, sump pump,
parking lot or other stormwater, surface water, Building drain means that part of the lowest
groundwater, or noncontact cooling water collec- horizontal piping of a drainage system which
tion mechanism to, or deposit or allow to be receives the discharge from soil, waste and other
deposited such effluent in, a sanitary sewer. If drainage pipes inside the walls of the building
such connections or deposits are found, it shall be and conveys it to the building sewer, beginning
the responsibility of the property owner or occu- five feet outside the inner face of the building
pant to disconnect any such drainage system and wall.
prevent such deposit, under the supervision and
subject to the inspection of the city and to provide Cesspool, septic tank and privy mean, for the
other means, approved by the city, for the disposal purposes of this division, an individual system for
of such water or effluent. the disposal of sanitary sewage other than to a
(Code 1975, § 24-166; Code 2002, § 94-182) public sewer.
CD94:15
§ 94-201 MUSKEGON CITY CODE
Class of users means the division of sanitary Director I superintendent means the person des-
sewer dischargers into classes by similar process ignated by the municipality or its authorized
or discharge flow characteristics as follows: agency to exercise control over its municipal sew-
ers, collection and transmission system.
(1) The term "domestic user" means a user
that discharges only segregated domestic DPW board means the board of public works of
wastes or wastes from sanitary conve- the county.
niences.
Effeuent limitation means any restriction pro-
(2) The term "major user" means any mulgated by federal, state or local government on
nondomestic user that discharges more quantities, rates and concentrations of chemical,
than 25,000 gallons per average workday physical, biological or other constituents which
to the public sewer or the POTW. are discharged from point sources into navigable
(3) The term "nondomestic user" means any waters.
user other than domestic. Effeuent standard means any restriction estab-
COD means the total demand or quantity of lished pursuant to this article on quantities, rates
oxygen required by the sewage as specified in the and concentrations of chemical, physical, biologi-
current edition of Standard Methods for the Ex- cal or other constituents which are discharged to
amination of Water and Wastewater expressed in the public sewer or the POTW.
milligrams per liter. Existing source means any source which is not
Collection system means all of the common a new source.
sanitary sewers and lift stations of a municipality FCPS means federal categorical pretreatment
which are primarily installed to receive wastewa- standard.
ter directly from point sources, for transmission
to the POTW. Garbage means solid wastes from domestic and
commercial preparation, cooking and dispensing
Compatible pollutant means any pollutant that of food, and from the handling, storage and sale of
is not an incompatible pollutant.
produce.
Construction means any placement, assembly,
Incompatible pollutant means any pollutant in
or installation of facilities or equipment, includ-
amounts which cause interference.
ing contractual obligations to purchase such facil-
ities or equipment, at the premises where such Industrial wastes means the liquid or gaseous
equipment will be used, including preparation wastes resulting from industrial or manufactur-
work at such premises. ing processes, trade or business or from the de-
velopment, recovery or processing of resources or
Contractee means a party to a service agree-
containers as distinct from segregated domestic
ment with the DPW board.
strength wastes and wastes from sanitary conve-
County board means the board of commission- niences.
ers of the county.
Infiltration means any waters entering the
County director means the director of the waste- system from the ground through such means as,
water management system of the county or the but not limited to, defective pipes, pipe joints,
authorized deputy, agent or representative, as connection or manhole walls, but shall not in-
appointed by the county board of public works. clude, and is distinguished from, inflow.
Daily average means the sum of the concentra- Infiltration I inflow (I I I) means the total quan-
tions of a constituent for the measurement period tity of water from both infiltration and inflow.
divided by the number of days in such period.
Inflow means any water entering the system
DEQ means the department of environmental through such sources as, but not limited to, build-
quality of the state or its successor. ing downspouts, footing or yard drains, cooling
CD94:16
UTILITIES § 94-201
water discharges, seepage lines from springs and Municipality means a city, village, township or
swampy areas and storm drain cross connections. other public body (excluding the county) created
under state law, having jurisdiction over disposal
Inspector means any person authorized by the of sewage, industrial waste or other waste.
municipality to inspect and approve the installa-
tion of building sewers and their connection to the Muskegon County Wastewater Management Sys-
public sewer system. tem (MCWWMS) means the Muskegon County
Wastewater Management System Number One,
Interference means inhibition or disruption of which includes the facilities commonly referred to
the public sewer or the POTW's sewer system or as the "Whitehall-Montague" site.
the POTW's treatment processes or operation
which causes or significantly contributes to a Natural outlet means any outlet into a water-
violation of any requirement of the POTW's NPDES course, pond, ditch, lake or other body of surface
permits. The term "interference" also includes water or groundwater.
prevention of sewage sludge use or disposal by the
POTW in accordance with published promulgated New source means any source, the construction
regulations under section 405 of the act or any of which is commenced after the publication of
regulations promulgated pursuant to the solid proposed regulations prescribing a categorical pre-
waste disposal act (42 USC 3251 et seq.), the treatment standard under section 307(c) of the
clean air act (42 USC 7401 et seq.), the toxic act which will be applicable to such source, if such
substances control act (15 USC 2601 et seq.), or standard is thereafter promulgated within 120
more stringent state promulgated rules (includ- days of proposal in the federal register. Where the
standard is promulgated later than 120 days after
ing those contained in any state sludge manage-
proposal, a new source means any source, the
ment plan prepared pursuant to title IV of such
construction of which is commenced after the date
solid waste disposal act) applicable to the method
of promulgation of the standard.
of disposal or use employed by the POTW. Pollut-
ants in the effluent of a user shall not be consid- Normal strength sewage means a sanitary waste-
ered to cause interference where the user is in water flow containing an average daily BOD of
compliance with specific prohibitions, standards, not more than 250 mg/1 or an average daily SS
effluent standards or effluent limitations devel- concentration of not more than 250 mg/1, and
oped by the federal government, the state, local phosphorus of not more than ten mg/1.
government or the POTW. Where the user is in
compliance with such specific prohibitions, stan- NPDES permit means a permit issued pursu-
dards or limitations, and pollutants in the sewage ant to the National Pollution Discharge Elimina-
from the user nevertheless caused or significantly tion System for the discharge of wastewater into
contributed to a violation of any requirement of the waters of the state.
the POTW's NPDES permits, and are likely to
cause such a violation in the future, the POTW Organic chemicals means compounds com-
must take appropriate action under 40 CFR posed of carbon and hydrogen or their derivatives
403.5(c). which are manmade or byproducts ofmanmade or
natural substances which include, but are not
Manufacturer means any establishment en- limited to, synthetic fibers, plastics, rubber, me-
gaged in the mechanical, physical or chemical dicinals, solvents, surface-active agents, pesti-
transformation of materials or substances into cides and other agricultural chemicals and lubri-
new products, including, but not limited to, the cating oil additives or other petroleum derivatives.
blending of materials such as pesticidal products,
resins, or liquors. pH means the negative logarithm of the con-
centration of hydrogen ions in grams per liter of
Mg/l means milligrams per liter. solution.
CD94:17
§ 94-201 MUSKEGON CITY CODE
POTW means the treatment works, as defined (3) Common sewer means a sewer in which
by section 212 of the act, which are owned by the all owners of abutting properties have
county. The term "POTW" also means the DPW equal rights.
board or its authorized representative.
(4) County sewer means a public sewer con-
Pretreatment means the reduction of the amount trolled by the county.
of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in (5) Intercepting sewer means a sewer that
sewage to a less harmful state prior to or in lieu of receives dry weather flow from a number
discharging or otherwise introducing such pollut- of transverse sewers or outlets and fre-
ants into the public sewer or the POTW. The quently additional predetermined quanti-
reduction or alteration can be obtained by physi- ties of stormwater (if from a combined
cal, chemical or biological processes, process system), and conducts such water to a
changes or by other means, except as prohibited point for treatment or disposal.
by 40 CFR 403.6(d) and (e), as amended. (6) Lateral sewer means a sewer which is
Process wastes means liquid or water-carried designed to receive a building sewer.
wastes which are inherent to or resulting from (7) Private sewer means that section of a
any manufacturing operation, including that which sewer owned by a nondomestic user which
comes into direct contact with or results from the connects that user to the public sewer and
production or use of any raw material, intermedi- which typically extends from such point of
ate product, finished product, byproduct or waste connection upstream to the user's lateral
product, or results from cleaning operations. sewers or to a lift station or other outlet
Replacement means expenditures for obtaining owned by the user.
and installing equipment, accessories or appurte- (8) Public sewer means a common sewer con-
nances which are necessary to maintain the ca- trolled by a governmental agency or pub-
pacity and performance during the service life of lic utility.
the treatment works for which such works were
designed and constructed. (9) Sanitary sewer means a sewer that car-
ries liquid and water-carried wastes from
Sanitary sewage means the liquid, gaseous or residences, commercial buildings, indus-
water-carried waste discharged from sanitary con- trial plants and institutions, together with
veniences. minor quantities of groundwaters,
Sewage means a combination of water-carried stormwaters and surface waters that are
liquid and gaseous wastes from any source, in- not admitted intentionally.
cluding domestic and nondomestic, as well as (10) Storm sewer means a sewer that carries
groundwaters, surface waters and stormwaters stormwater and surface water, street wash
as may be present. and other wash waters, or drainage, but
Sewer means a pipe or conduit that carries excludes domestic wastewater and indus-
wastewater or drainage water. See the following trial wastewater. Also called "storm drain."
definitions modifying the term "sewer": (11) Trunk sewer means a sewer which con-
(1) Building sewer means the extension from nects the lateral sewer to the intercepting
the building drain to a lateral sewer, sewer and to which building sewers may
private sewer, public sewer or other place be connected.
of disposal.
Slug and shockload mean any discharge of
(2) Combined sewer means a sewer intended sewage or industrial waste which, in concentra-
to receive both wastewater and stormwater tion of any given constituent or in quantity of flow,
or surface water. causes interference.
CD94:18
UTILITIES § 94-203
Source means any building, structure, facility, Working day means the hours during a calen-
vehicle or installation from which there is or may dar day in which a user discharges effluents
be the discharge to the public sewer or the POTW. subject to this article.
(Code 1975, § 24-97; Code 2002, § 94-201)
SS (suspended solids) means solids that either
float on the surface of, or in suspension in, sewage
and which can be removed by the procedures Sec. 94-202. Purpose.
specified in the current edition of Standard Meth-
ods for the Examination of Water and Wastewa- It is the declared purpose of this division to
ter. establish standards to:
State director means the executive secretary of (1) Prevent the pollution of the public waters.
the water resources commission of the state.
(2) Preserve and maintain the sewage collec-
Storm drain and storm sewer mean a sewer tion and treatment facilities of Muskegon
intended to carry only stormwaters, surface run- County Wastewater Management System
off, street wash waters, and drainage. Number One (the "system"), municipali-
30-day average concentration means, for other ties and users.
than fecal or total coliform bacteria, the sum of
the concentrations of the individual samples di- (3) Preserve the public health, safety and
vided by the number of samples taken during a welfare.
calendar month. The 30-day average concentra- (4) Comply with all applicable state and fed-
tion for fecal or total coliform bacteria is the eral laws, regulations and standards per-
geometric mean of the samples collected in a taining to water quality.
calendar month.
Toxic and toxic pollutant mean chemicals de- (5) Provide for the prohibition of the dis-
scribed in section 94-222(6)p. charge of incompatible pollutants to the
system.
Upset means an exceptional incident in which
there is unintentional and temporary noncompli- (6) Provide for the control of pollutants dis-
ance with categorical pretreatment standards or charged to the system.
the county discharge limits, because of factors
beyond the reasonable control of the industrial Provide for the enforcement of standards
(7)
user. An upset does not include noncompliance to relating to the acceptability of wastewa-
the extent caused by operational error, improp- ters to be discharged to the system.
erly designed treatment facilities, lack of preven- (Code 1975, § 24-93; Code 2002, § 94-202)
tive maintenance or careless or improper opera-
tion. Sec. 94-203. Mandatory connection to sani-
U.S . EPA means the United States Environ- tary sewer; denial of right to
mental Protection Agency or its successor. connect.
User means a source (including a Section 307 Every owner of property abutting, adjacent to
source) and the municipality whose collection or along the line of a sanitary sewer now con-
system discharges into the POTW. structed or hereafter constructed shall connect
thereto all plumbing facilities for the disposal of
Waste component means any constituent of
sewage and waste. Provided, however, that the
sewage other than water, including, but not lim-
city shall have the right to refuse any person the
ited to, BOD, SS, other soluble and insoluble
right to connect to the sewage disposal system if,
matter and phosphate concentrates.
in the judgment of the city commission, it is for
WRC means the water resources commission of the best interest of the city to do so.
the state or its successor. (Code 1975, § 24-94; Code 2002, § 94-203)
CD94:19
§ 94-204 MUSKEGON CITY CODE
Sec. 94-204. Privies and cesspools prohib- Sec. 94-222. Prohibited discharges.
ited where sanitary sewer ser-
No person shall discharge or cause to be dis-
vice furnished. charged into any public sewer or to the POTW any
of the following:
No person shall keep or maintain or allow to be
kept or maintained any privy or cesspool on any (1) Sewage in an amount which creates or
premises under his control in the city where may create a fire or explosion hazard in
sanitary sewer service is accessible to the prem- the POTW or the collection system.
ises. (2) Sewage in an amount which causes or
(Code 1975, § 24-95; Code 2002, § 94-204) may cause corrosive structural damage to
the collection system or the POTW.
Sec. 94-205. Connection of surface drainage (3) Solid or viscous sewage in amounts which
pipes to sewers. could cause or do cause either obstruction
to flow or interference in the collection
No owner of any property abutting, adjacent to system or the POTW.
or along the line of a sanitary sewer shall connect, (4) Any pollutant, including oxygen-demand-
directly or indirectly, any pipes from roofs, ing pollutants, released in a discharge at
eavetroughs or other places to permit surface a flow rate and/or pollution concentration
drainage into such sewer, and all such pipes shall which a user knows or has reason to know
be connected to a storm sewer or combined sewer, will cause interference in the collection
if such a sewer is constructed abutting, adjacent system and the POTW.
to or along the line of such property. No person
shall discharge, or cause to be discharged, any (5) Sewage which may cause or does cause:
stormwater, surface water, groundwater, roof run- a. Impairment of the strength or dura-
off, subsurface drainage, uncontaminated cooling bility of structures in the collection
water, or unpolluted industrial process waters to system or the POTW.
any sanitary sewer. b. Restriction of hydraulic capacity of
(Code 1975, § 24-96; Code 2002, § 94-205) structures in the collection system or
the POTW.
C. Unsafe conditions to personnel in
Secs. 94-206-94-220. Reserved.
the inspection or maintenance of
structures of the collection system or
Subdivision II. Discharge Restrictions the POTW or unsafe conditions to
the general public, with respect to
Sec. 94-221. Intent of regulations. the collection system.
(6) Discharges which exceed the following
The regulations contained in this subdivision criteria by an amount which may cause or
are generally intended to: does cause interference:
(1) Prohibit the discharge to public sewer a. Five-day biochemical oxygen demand
facilities of sewage which causes interfer- (BOD) in excess of a daily average of
ence or could have detrimental effects on 250 mg/1.
the physical structures or operating per- b. Chemical oxygen demand (COD) in
sonnel of the system, or on the general excess of a daily average of 450 mg/1.
public; and
c. Chlorine demand of greater than 20
(2) Restrict the discharge to public sewers of mg/1.
technically unpolluted water. d. Total suspended matter in excess of
(Code 1975, § 24-98; Code 2002, § 94-221) a daily average of 250 mg/1.
CD94:20
UTILITIES § 94-223
e. Residue (total on evaporation) in ex- j. Material in sufficient amounts which
cess of a daily average of 750 mg/1. may cause or does cause excessive
coloration or light absorbency, includ-
f. Solvent extractables (grease, fat, oil ing, but not limited to, dye wastes
or other Freon soluble materials) in and vegetable tanning solutions.
excess of a daily average of 50 mg/1.
k. An insoluble substance retained by a
g. Grease, oil or other substances that standard No. 8 sieve having any
will become solid or viscous at tem- dimension greater than one-half inch
peratures between 32 degrees and (1.27cm).
120 degrees Fahrenheit in concentra- 1. Insoluble substances having a spe-
tions that will increase the viscosity cific gravity greater than 2.65.
of the sewage to greater than 1.1
m. Improperly shredded garbage.
specific viscosity.
n. Sludge which results from a treat-
h. pH 9.5 to 6 ment process; unless the county di-
rector has determined that it is ame-
1. Sewage flow or batch discharge con- nable to treatment by the POTW
taining concentrations in excess of: without application of unusual means
30-Day Aver- or expense. Septic tank sludge will
Daily Average age Concentra- be accepted from licensed operators
Concentration tion when delivered to designated dis-
Iron 10 mg/1 as Fe 10 mg/1 as Fe posal sites.
Copper 4.5 mg/1 as Cu 1.8 mg/1 as Cu o. Any stormwater, surface water,
Nickel 4.1 mg/1 as Ni 1.8 mg/1 as Ni groundwater, roof runoff, footing
Chromium 7.0 mg/1 as to-2.5 mg/1 as to- drainage or noncontact cooling wa-
tal Cr tal Cr ters.
Cyanide, T 0.8 mg/1 as CN 0.23 mg/1 as p. The following toxic pollutants:
CN
1. Those pollutants listed pursu-
Zinc 4.2 mg/1 as Zn 1.8 mg/1 as Zn
ant to section 307(a)(l) of the
Cadmium 1.2 mg/1 as Cd 0.5 mg/1 as Cd
act;
Lead 0.6 mg/1 as Pb 0.3 mg/1 as Pb
Aluminum 5.0 mg/1 as Al - 2. Those pollutants listed on the
Silver 1.2 mg/1 as Ag 0.5 mg/1 as Ag current critical materials regis-
Phenols 150 mg/1 as ter prepared pursuant to sec-
C6 H 5 0H by 4 tion 3211 of the natural re-
AAP method or sources and environmental
200 mg/1 total protection act (MCL 324.3211);
by approved GC and
methodology 3. Those pollutants specifically
Total chrome, 10.5 mg/1 5.0 mg/1 identified by the city as a toxic
copper, nickel pollutant by amendment to this
and zinc article.
Nuclear As per state and (Code 1975, § 24-99; Code 2002, § 94-222)
national regula-
tions Sec. 94-223. Future conditions.
1. Temperature below 32 degrees Fahr- Future conditions imposed on the county by
enheit (0 degrees Celsius) or above jurisdictional government agencies may require
150 degrees Fahrenheit (65.6 de- subsequent amendment of this article by the city.
grees Celsius). Where federal or state promulgated pretreatment
CD94:21
§ 94-223 MUSKEGON CITY CODE
standards require limits on parameters not cov- (2) Temporarily permit the discharge to the
ered in this article or limits more stringent than public sewer subject to any reasonable
those specified in the article, the state or federal conditions that the city may recommend
limits shall have precedence and take effect with based on its review of such factors as
respect to the applicable user on the later of: quantity of the discharge in relation to
(1) Their promulgation date; or flows and velocities in the sewers, mate-
rials of construction of sewers, nature of
(2) The date specified for compliance with the treatment process, capacity of the
such standards (see subdivision VII of treatment works, degree of treatability of
this division). the discharge, and any other pertinent
(Code 1975, § 24-100; Code 2002, § 94-223) factors;
Sec. 94-224. Wastewater analyses. (3) Require pretreatment, in accordance with
subdivision VIII of division 4 of this arti-
(a) All the preceding specific conditions and cle;
quantities shall apply at the point where sewage
is discharged or caused to be discharged into a (4) Require control over the quality, quanti-
public sewer or the POTW (whichever is reached ties and rates of discharge to the public
first) and required pretreatment shall be effected sewer; or
before such point is reached. (5) In all cases, the city may require payment
(b) All measurements, tests and analyses of to cover any additional costs it may incur
the characteristics of sewage to which reference is in connection with inspecting, sampling,
made in this article shall be determined in accor- testing and determining the treatability
dance with the current edition of Standard Meth- of the sewage, not covered by existing
ods for the Examination of Water and Wastewa- charges and any industrial surveillance
ter, published by the American Public Health fee .
Association, most current American Society for (b) When the pretreatment of sewage or flow
Testing Materials (ASTM) and EPA-approved pro- equalization is required under subsection (a)(3) of
cedures contained in 40 CFR 136, or any vali- this section, the design of the equipment shall be
dated methods from a recognized authority in subject to the review by the county and the city
cases where the above referenced procedures are and subject to the requirements of all applicable
not available or do not apply to the characteristic codes, ordinances and laws. Where sewage pre-
involved. treatment or flow equalization facilities are pro-
(c) Sampling shall be carried out by customar- vided, they shall be continuously maintained for
ily accepted methods to reflect the effect of con- satisfactory and effective operation by the user at
stituents upon the collection system and the POTW its expense, in order to meet applicable pretreat-
and to determine potential interference. The county ment requirements.
will determine the method of sampling to be used (Code 1975, § 24-102; Code 2002, § 94-225)
in accordance with applicable federal regulations.
(Code 1975, § 24-101; Code 2002, § 94-224) Secs. 94-226-94-240. Reserved.
Sec. 94-225. Restrictions. Subdivision Ill. Authority of Inspectors and
(a) If any sewage (or water described in section Protection of Owners
94-222(6)0.) is discharged, or is proposed for dis-
charge to the public sewers or the POTW which Sec. 94-241. Authority generally.
exceeds the limitations enumerated in sections
(a) Authorized representatives of the county or
94-222 and 94-223, the city may, by order, take
the city exhibiting proper credentials and identi-
the following actions:
fication shall be permitted at all reasonable times
(1) Prohibit the discharge to the public sewer; to enter all user's properties and the property of
CD94:22
UTILITIES § 94-264
municipalities for the purposes of inspection, ob- shall not relieve any user from compliance with
servation, measurement, sampling and testing in lawful inspection by state and federal represen-
connection with the administration of and in tatives.
accordance with the provisions of these regula- (Code 1975, § 24-105; Code 2002, § 94-243)
tions. The representatives shall have no authority
to inquire into any processes including metallur- Secs. 94-244-94-260. Reserved.
gical, chemical, oil, refining, ceramic, paper, or
other industries beyond that point having a direct
Subdivision IV. Monitoring and Sampling
bearing on the kind and source of discharge to the
public sewer.
Sec. 94-261. Sampling devices.
(b) Authorized representatives of the county or The county director or the city may require the
the city exhibiting proper credentials and identi- user to install a suitable control structure and
fication shall be permitted to enter all private necessary measuring and sampling devices to
properties through which the county or the city facilitate the observation, sampling and measure-
holds a duly negotiated easement for the purposes ment of the quantity, composition and concentra-
of, but not limited to, inspection, observation, tions of discharges to the public sewer. Such
measurement, sampling, repair and maintenance structure and devices shall be constructed and
of any portion of the public sewer or POTW lying installed at the user's expense in accordance with
within such easement. All entry and subsequent plans submitted to the county director or to the
work, if any, on such easement, shall be done in city, and shall be maintained by the user so as to
full accordance with the terms of the duly negoti- be safe and accessible during all reasonable times.
ated easement pertaining to the private property (Code 1975, § 24-106; Code 2002, § 94-261)
involved.
(Code 1975, § 24-103; Code 2002, § 94-241)
Sec. 94-262. Removal of samples and data.
Sec. 94-242. Protection. The county director or his authorized represen-
tative or the city shall have the right to take and
While on the property of the user specified in remove samples of sewage discharged into the
section 94-241, the authorized representatives of public sewer and make copies of other data and
the county or the city shall observe all reasonable materials concerning the samples inspected dur-
safety rules applicable to the premises estab- ing an entry upon the user's property. At the
lished by the user and the user shall be held written request of such user, split samples will be
harmless for injury or death to the county or city provided.
employees and the county or city shall further (Code 1975, § 24-107; Code 2002, § 94-262)
indemnify the user against loss or damage to its
property by county or city employees and against Sec. 94-263. Authority to require submis-
liability claims and demands for personal injury sion of samples.
or property damage asserted against the user and
The county director or the city may require any
growing out of such activity except to the extent
user to submit one or more representative sam-
caused by negligent failure of the user to main-
ples of the sewage discharged or which it proposes
tain safe conditions.
to discharge into the public sewer.
(Code 1975, § 24-104; Code 2002, § 94-242)
(Code 1975, § 24-108; Code 2002, § 94-263)
Sec. 94-243. Other inspections. Sec. 94-264. Failure to permit access or re-
moval of samples and other data.
Inspection by state or federal representatives
pursuant to law shall not relieve a user from If a user shall refuse to permit access to an
inspection by county or city representatives and authorized county or city representative or permit
inspection by the county or city representatives such representative to obtain, take and remove
CD94:23
§ 94-264 MUSKEGON CITY CODE
samples and make copies of other data pursuant and concentration of constituents, and be related
to section 94-262, the county or city shall have the to effluent standards as shall be required by the
right to: county director or the city. The county director or
(1) Order the termination of the discharge of the city may also require additional information
sewage to the public sewer. from such users as to materials or substances
which may cause interference.
(2) Order the user to permit access within a
time certain. (1) Mandatory report. The county director or
(3)
Issue a citation for a violation of this the city shall notify forthwith each major
article. user known to discharge organic chemi-
(Code 1975, § 24-109; Code 2002, § 94-264) cals and metals into the public sewer that
it is required to file industrial surveil-
Sec. 94-265. New installation or pretreat- lance reports.
ment facilities.
(2) Initial report. Each nondomestic user which
(a) Notices. The user or its authorized agent has been notified of its obligation to file
shall notify the county director and the city in industrial surveillance reports shall file
writing after the completion of a new installation an initial report within 60 days from the
of pretreatment facilities of the time it intends to date such notice is served upon such user.
commence operation thereof. Where applicable,
the user shall notify the county director and the (3) Monthly reports. Each nondomestic user
city of the agreed upon time and the person who so notified by the county director or the
will conduct the tests required to be performed. city may be required to file monthly re-
Where applicable, the pretreatment facilities shall ports within 15 days from the last day of
not be placed in regular operation until such tests the preceding month.
have been conducted.
(b) Tests by users. Arepresentative of the county
(4) Quarterly reports. Each user required to
or the city shall be permitted to witness the tests submit quarterly reports shall submit such
upon prior written request. The cost of tests shall reports on January 31, April 30, July 31,
be paid by the user of the installation. and October 31 of each year for the quar-
(Code 1975, § 24-110; Code 2002, § 94-265) ter ending on the last day of the preceding
month, following the adoption of these
Secs. 94-266-94-280. Reserved. regulations.
(5) Annual reports. Annual reports shall be
Subdivision V. Reporting submitted on or before April 1 of each
year, for the preceding calendar year, com-
Sec. 94-281. Industrial surveillance report mencing in 1981.
required.
(6) Signature on reports. The reports referred
The county director or the city, by written
to in this division shall be signed by an
order, may require any nondomestic user of the
authorized representative designated by
public sewer to submit periodic reports on forms
the nondomestic user. An authorized rep-
provided by the county or the city which shall
resentative may be:
include known information on the quality and
quantity of sewage introduced into the public a. If a corporation, a principal execu-
sewer, together with an inventory of known inter- tive officer of at least the level of
mediate end product and byproduct chemicals vice-president;
present or likely to be present in sewage dis-
charged or to be discharged to the public sewers. b. If a partnership or proprietor, a gen-
Such report shall include the volume, loadings eral partner or the sole proprietor; or
CD94:24
UTILITIES § 94-287
c. In any case, a person responsible for Pollution Emergency 1-800-292-4702
the overall operation of the facility Alerting System (PEAS)
from which the discharge originates. County director 853-2291
(Code 1975, § 24-111; Code 2002, § 94-281) County "C" station 722-6575
MDEQ (PEAS) 1-800-292-4706
Sec. 94-282. Waivers.
(Code 1975, § 24-113; Code 2002, § 94-283)
After filing the initial report required pursuant
to these regulations, the county director or the Sec. 94-284. Reports by the county director
city may waive other periodic reports; provided, regarding users affected by
however, that if the character, nature or general FCPS.
composition of the discharge from the nondomestic
user is substantially altered or changed from that The county director shall notify all nondomestic
contained in the original report, such user shall users that might be subject to FCPS of such fact
notify the county director or the city of such and of any applicable requirements under sec-
change prior to such discharge or as soon as tions 204(b) and 405 of the act and sections 3001,
reasonably possible after becoming aware that 3004 and 4004 of the solid waste disposal act.
such alteration or change has occurred or is likely (Code 1975, § 24-114; Code 2002, § 94-284)
to occur and file a revised report, containing all of
the information set forth in section 94-281. Sec. 94-285. Reports by users regarding
(Code 1975, § 24-112; Code 2002, § 94-282) FCPS.
Within 180 days after the promulgation of a
Sec. 94-283. Emergency or accidental dis- FCPS, existing nondomestic users subject to such
charges. FCPS which currently discharge or are scheduled
All nondomestic users shall report to the county to discharge into the public sewer or the POTW
director and the city, as soon as reasonably possi- shall submit reports required by 40 CFR 403.12(b),
ble, any discharges of sewage which are known to as amended. Within 90 days following the date for
exceed the limits established by these regula- final compliance with applicable FCPS or, in the
tions. case of a new source, following commencement of
the introduction of sewage into the POTW, any
(1) Notice. Such notice shall be given in ad- nondomestic user subject to FCPS shall submit
vance whenever reasonably possible and the reports required by 40 CFR 403.12(d), as
contain available information regarding amended. In addition, any nondomestic user sub-
the intended or accidental discharge, vol- ject to a FCPS, after the compliance date of such
ume, duration, constituents, loading and FCPS, or, in the case of a new source, after
concentrations and such other informa- commencement of the discharge into the public
tion as may be necessary to determine sewer or POTW, shall submit the periodic reports
whether such discharge is compatible, in- required by 40 CFR 403.12(e), as amended.
compatible, is prohibited, or may cause (Code 1975, § 24-115; Code 2002, § 94-285)
interference.
(2) Emergency contact points. The following Sec. 94-286. Reports by DPW board regard-
are the emergency contact points which ing FCPS.
may be used to convey such information: The DPW board shall submit the reports re-
quired by 40 CFR 403.12(h), (i) and (j), as amended.
(Code 1975, § 24-116; Code 2002, § 94-286)
Sec. 94-287. Records regarding FCPS.
(a) Maintenance of records regarding FCPS.
Any nondomestic user and the DPW board, sub-
ject to the reporting requirements in sections
CD94:25
§ 94-287 MUSKEGON CITY CODE
94-285 and 94-286, shall maintain records of all structed, or altered pretreatment equip-
information in accordance with and resulting ment to determine compliance with the
from any monitoring required by 40 CFR 403.12, provisions of this article.
as amended. Such records shall be retained by
such user or the DPW board, as the case may be, (5) Investigate complaints of violations of this
for at least three years. article and make inspections and observa-
tions of discharges. Record such investi-
(b) Falsification of records regarding FCPS. gations, complaints, inspections and ob-
Any person who knowingly makes any false state- servations.
ment, representation or certification on any ap-
plication, record, report, plan or other document (6) Issue orders requiring compliance with
filed with the county director, or the city, or who these regulations.
falsifies or knowingly renders inaccurate any mon-
(7) Propose the imposition of civil penalties
itoring device or method required under these
for violations of this article.
regulations, shall be deemed to have violated
these regulations. (8) Determine surcharges to be levied pursu-
(Code 1975, § 24-117; Code 2002, § 94-287) ant to this article.
Secs. 94-288-94-305. Reserved. (9) Make recommendations to the city for
amendments to this article.
Subdivision VI. Administrative Organization (10) Encourage voluntary cooperation by per-
sons or affected groups in water pollution
Sec. 94-306. Enforcement agency. control.
The city is charged with the duty of investigat- (11) Collect and disseminate information on
ing, preventing and abating violations of these water pollution control.
regulations and enforcing the provisions of this
article. The responsibility for the enforcement of (12) Work with planning and zoning agencies
this article shall be upon the county in accordance for the purpose of coordinating activities
with the terms of an intergovernmental contract under provisions of this article and foster
transferring such enforcement functions to the the best possible management of the wa-
county. ter resources of the city.
(Code 1975, § 24-118; Code 2002, § 94-306)
(13) Cooperate with federal, interstate, state,
Sec. 94-307. Powers of the county. county, district, municipal and other agen-
cies concerned with water pollution with
The county, pursuant to the contract referred regard to studies, abatement programs,
to in section 94-306, is hereby empowered to: public complaints and other matters to
(1) Supervise the implementation of this ar- the end that the natural resources of the
ticle. city shall be best conserved and improved.
(2) Institute actions against all users violat- (14) Subject to applicable law and in accor-
ing this article and institute necessary dance with such intergovernmental con-
legal proceedings to prosecute violations tract, accept, receive and give receipt for
of this article and compel the prevention monies granted or made available by fed-
and abatement of violations of this article eral or state law for water pollution activ-
or nuisances arising therefrom. ities, surveys, investigations, research, or
(3) Review the plans for pretreatment equip- programs.
ment submitted by users. (15) Recommend the institution of proceed-
(4) Make inspections and tests of existing ings in a court of competent jurisdiction to
and newly installed, constructed, recon- compel compliance with the provisions of
CD94:26
UTILITIES § 94-329
this article or any determination or order (3) Order to effect pretreatment. The city may
which may be promulgated or issued pur- issue an order to show cause why a user
suant to this article. should not be required to pretreat in ac-
(Code 1975, § 24-119; Code 2002, § 94-307) cordance with subdivision VIII of this
division. A user shall not, however, be
ordered to pretreat where a compatible
Secs. 94-308-94-325. Reserved. pollutant is discharged which the public
sewer has the capability to carry or treat
Subdivision VII. Orders adequately. (See comment to 40 CFR 403.5c
in 44 Federal Register 62266).
Sec. 94-326. General.
(4) Order to perform affirmative actions. The
Whenever the city has determined that any city may also issue an order to users
user has violated this article the city may issue an subject to this subdivision to require such
order to take action deemed appropriate under user to perform any action required of it
the circumstances. under this subdivision, including, but not
(Code 1975, § 24-120; Code 2002, § 94-326) limited to, the following:
a. Submit samples.
Sec. 94-327. Types of orders. b. Install sampling or monitoring equip-
ment.
The following orders may be issued by the city:
c. Submit reports.
(1) Immediate cease and desist. An order to
cease and desist from discharging any Permit access for inspection, sam-
d.
sewage or an illegal discharge with imme- pling, tests, monitoring and investi-
diate effect in the case of actual or threat- gations.
ened discharge of pollutants to the public (Code 1975, § 24-121; Code 2002, § 94-327)
sewer which presents or may present im-
minent or substantial endangerment to Sec. 94-328. Contents of orders.
the health or welfare of persons, to the
environment or causes interference with Any order issued by the city shall contain the
the operation of the public sewers or POTW. facts and reasons and grounds for its issuance,
Such order shall be in effect until a hear- and the remedial action ordered as well as the
ing is conducted pursuant to subdivision time within which such action shall be taken. No
XIII of this division. Such order shall such order shall be deemed insufficient, however,
contain a date and time for such hearing, for inconsequential errors and omissions in the
as soon as reasonably possible, but not to facts and reasons and grounds for the order. If
exceed ten days from the date of such any user deems the content of the order to contain
order. insufficient information, it may request from the
city additional information.
(2) Order to cease discharge within a time (Code 1975, § 24-121.1; Code 2002, § 94-328)
certain. The city may issue an order to
show cause why an order to cease dis- Sec. 94-329. Factors beyond reasonable con-
charge of an incompatible pollutant by a trol.
certain time and date, in cases other than
those defined in subsection (1) of this If any noncompliance with any order is due to
section, should not be issued. The pro- factors beyond the reasonable control of the user
posed time for remedial action shall be then such noncompliance shall not be a violation
specified in the order to show cause. Such of such order and such order shall be modified to
order may also contain such conditions take account of such factors .
deemed appropriate by the city. (Code 1975, § 24-121.2; Code 2002, § 94-329)
CD94:27
§ 94-330 MUSKEGON CITY CODE
Secs. 94-330-94-345. Reserved. (2) Obtain any engineering or scientific inves-
tigations or surveys deemed necessary.
Subdivision VIII. Pretreatment
(3) Preparation and submission of a prelimi-
Sec. 94-346. General standards. nary plan to achieve pretreatment.
(a) In the event a user discharges or proposes (4) Preparation of plans and specifications,
to discharge sewage to the public sewers which is working drawings or other engineering or
prohibited by this article, the city may take any or architectural documents which may be
all of the following steps: necessary to effect pretreatment.
(1) Issue an order pursuant to subdivision
VII of this division. (5) A time shall be established to let any
contract necessary for any construction.
(2) Impose surcharges as specified in subdi-
vision X of this division. (6) Completion times shall be established for
(b) The obligations of a user under sections any construction necessary.
94-34 7 and 94-348, and any order concerning
(7) A time limit shall be established to com-
such obligations, shall be subject to the terms of
plete full pretreatment pursuant to the
section 94-349.
(Code 1975, § 24-121.3; Code 2002, § 94-346) final order.
(8) If a phase or unit of construction or im-
Sec. 94-347. Pretreatment plan.
plementation may be effected indepen-
Any user subject to a final order to pretreat dently of another phase or unit, separate
shall prepare a plan to effect and achieve the timetables shall be established for such
pretreatment of its sewage so that the sewage phase or unit.
shall comply with its final order. The plan shall be
prepared in accordance with good engineering (c) Amendment. The order shall be subject to
practice and shall state whether construction is amendment, change or revocation, provided no-
necessary as well as identify the measures which tice of such action shall be served upon the user in
may be implemented without necessitating con- the same manner as in the original order and
struction. The plan shall contain a schedule of subject to the same procedure for review and
compliance for the completion of each of the appeal.
various phases necessary to implement full pre-
treatment, which schedule shall be approved by (d) Modification. In the event a nondomestic
an order of the city. user subject to an order anticipates that it will be
(Code 1975, § 24-121.4; Code 2002, § 94-347) unable to comply with the schedule of compliance,
or any portion thereof, for the completion of a
Sec. 94-348. Compliance. specific step or phase, such nondomestic user
(a) Schedule of compliance. The schedule of shall notify the city as soon as it determines it is
compliance shall consist of one or more remedial unable to comply. Such nondomestic user shall
measures, including enforceable timetables for a state the reasons therefor and submit a request
sequence of actions or operations leading to com- for an extension of time or modification or amend-
pliance with an effluent standard, or other limi- ment of such order together with supporting doc-
tation prohibition or standard. uments or data. If the user's inability to comply is
due to factors beyond the reasonable control of the
(b) Steps or phases. The following steps or user, then the failure to comply shall not be a
phases shall be included in the schedule of com- violation of the order and the schedule of compli-
pliance, where applicable and appropriate: ance shall be adjusted forward in time to account
(1) Retention of a qualified engineer and/or for such factors .
consultant. (Code 1975, § 24-121.5; Code 2002, § 94-348)
CD94:28
UTILITIES § 94-349
Sec. 94-349. Federal Categorical Pretreat- own, and will, if requested by a user,
ment Standards (FCPS). provisionally revise the applicable FCPS
prior to initial discharge of the pollutant
(a) Inclusion in standard. If a FCPS is promul-
consistent with 40 CFR 403. 7, as amended,
gated for a subcategory under which a user be-
and consistent with this article. Such re-
lieves itself to be included, the user or the city
vision shall not apply if the requirements
may request, within 30 days after the promulga-
of 40 CFR 403. 7 for such revision cannot
tion date, of the appropriate state or federal
be met or the discharge pursuant to such
official a written certification to the effect that the
revision would cause interference.
user does or does not fall within that particular
subcategory. Such request shall be made and (4) Information and costs. In connection with
reviewed in accordance with the procedures set any revision described in subsection (c) of
forth in 40 CFR 403.6(a), as amended.
this section, the city, in accordance with
(b) Compliance date. A user to which a promul- section 94-348, shall prepare and submit
gated FCPS applies shall achieve compliance with such data, reports, certifications, pretreat-
such standard within the time period provided for ment programs and other information and
in 40 CFR 403.6(b), as amended, and 40 CFR shall establish such compliance schedules
403.7, whichever is later. with users as are required by 40 CFR 403,
as amended, to support the revisions de-
(c) Revision of FCPS for consistent removal. scribed in subsection (c) of this section.
(1) Revision generally. The city may, on its Any user with respect to whom such revi-
own, and will, if requested by a user, sions are made shall accept compliance
revise discharge limits for specific pollut- schedules established in accordance with
ants covered in a FCPS consistent with 40 section 94-348 by the city and shall sub-
CFR 403.7, as amended, and consistent mit to the city such data, reports and
with these regulations. Such revision shall other information required to be submit-
not apply if the requirements of 40 CFR ted by the user to the city or accepted by
403. 7 for such revision cannot be met or the user by 40 CFR 403, as amended, to
the discharge pursuant to such revision support such revisions. If the request for
would cause interference. such revision was initiated by the user or
a category of users then such user or
(2) Conditional revision. Whether or not the
users shall reimburse the city for the
city has a pretreatment program ap-
reasonable costs incurred and expendi-
proved in accordance with 40 CFR 403.8,
tures made by the city in connection with
403.9 and 403.11, as amended, the city
the provisions of this subsection (c)(4)
may, on its own, and will, if requested by
(exclusive of the pretreatment program).
a user, conditionally revise the discharge
Such costs and expenditures shall not
limits for specific pollutants consistent
include amounts expended by the city in
with 40 CFR 403.7, as amended, and
connection with such data, reports, certi-
consistent with this article. Such revision
fications and other information which are
shall not apply if the requirements of 40
required by subdivisions III, IV and V of
CFR 403. 7 for such revision cannot be met
this division, the county's NPDES per-
or the discharge pursuant to such revision
mits, or under any applicable law or reg-
would cause interference.
ulation whether or not such revision is
(3) Provisional revision. With respect to pol- made. The city may request a deposit
lutants which are not currently being from such user to cover the estimated
discharged and whether or not the city costs. Nothing shall prevent a user from
has a pretreatment program approved in voluntarily providing additional informa-
accordance with 40 CFR 403.8, 403.9 and tion, reimbursements and support to the
403.11, as amended, the city may, on its city in connection with any revision.
CD94:29
§ 94-349 MUSKEGON CITY CODE
(d) Variance. Any user, interested person or storage or use area on its facilities which is
the United States Environmental Protection Agency capable of containing the liquid material so that,
("requestor") may request a variance (based upon in the event of an accident, liquid material cannot
fundamentally different factors) from the limits escape therefrom by gravity through private sew-
specified in a FCPS by submitting a written ers or otherwise into any public sewer in an
request to the state director. Such requests are to amount which would result in a prohibited dis-
be submitted within the time and shall include charge. The city may issue an order to such a user
the information required by 40 CFR 403.13, as to comply with this section and to first submit
amended. If a variance is granted then the terms plans for compliance to the city.
of such variance shall apply to the affected user. (Code 1975, § 24-121.7; Code 2002, § 94-366)
(e) Notice to municipality. In the event a revi-
sion is made or applied for or a variance request is Sec. 94-367. Order to file.
made, the city, in the case of a revision, and the Each nondomestic user so ordered shall submit
requestor, in the case of a variance, shall notify its plan for compliance within the time specified
the city that the revision has been made or in such order.
applied for or that a variance request has been (Code 1975, § 24-121.8; Code 2002, § 94-367)
made and the proposed effective date thereof,
where applicable.
Sec. 94-368. Approval of plan.
(f) Public participation. In compliance with
the public participation requirements of 40 CFR The timetable for implementation shall be sub-
25, in the enforcement of national pretreatment ject to the approval of the city.
standards as specified in 40 CFR 403.8, the county (Code 1975, § 24-121.9; Code 2002, § 94-368)
director or the city shall provide public notifica-
tion, in the largest daily newspaper published in Sec. 94-369. Construction.
the municipality in which the POTW is located, of
The containment measures shall be opera-
the industrial users which during the previous 12
tional within such reasonable period of time as
months were significantly violating applicable
the city shall order.
pretreatment standards or other pretreatment
(Code 1975, § 24-121.10; Code 2002, § 94-369)
requirements. For the purpose of this subsection,
a significant violation is a violation which re-
mains uncorrected 45 days after notification of Sec. 94-370. Interim measures.
noncompliance: The city may order the nondomestic user to
(1) Which is a part of a pattern of noncompli- take reasonable and feasible interim measures for
ance over a 12-month period; emergency containment if circumstances so re-
(2) Which involves a failure to report accu- quire.
rately noncompliance; or (Code 1975, § 24-121.11; Code 2002, § 94-370)
(3)
Which resulted in the POTW exercising Sec. 94-371. Water Resources Commission
its emergency authority under 40 CFR rules.
403.8(F)(l)(IV)(B).
(Code 1975, § 24-121.6; Code 2002, § 94-349) In no event shall a nondomestic user be re-
quired by city order issued under section 94-366
Secs. 94-350-94-365. Reserved. to provide facilities which are more extensive or
inconsistent with facilities such user has provided
Subdivision IX. Accident Prevention or will provide in compliance with the WRC rules
where applicable.
Sec. 94-366. Containment facilities. (Code 1975, § 24-121.12; Code 2002, § 94-371)
Each nondomestic user that uses or stores
liquid material on its facilities shall provide a Secs. 94-372-94-390. Reserved.
CD94:30
UTILITIES § 94-394
Subdivision X. Surcharges (3) The composition of such discharge;
(4) The nature, extent and degree of success
Sec. 94-391. Surcharges. the city may achieve in minimizing or
Users exceeding: mitigating the effect of such discharge;
(1) The limitations established by section 94- (5) The toxicity, degradability, treatability and
222(1) through (5); or dispersal characteristics of such discharges;
(2) The specific criteria limitations identified (6) Schedule A set forth in this section; and
in section 94-222(6), or the limits con- (7) Such other factors as the city or county
tained in an applicable pretreatment or- deems appropriate under the circum-
der issued pursuant to this article, to an stances.
extent which would require additional cost
of treatment by the POTW in order to SCHEDULE A
prevent:
Surcharge-BOD. Surcharge provisions for five-
a. Interference (present or future);
day biochemical oxygen demand are hereby estab-
b. A substantial detrimental effect upon lished. A user within the city may discharge
the public health or welfare, a sub- wastewaters containing BOD concentrations in
stantial detrimental effect upon the excess of 250 mg/I but not to exceed 400 mg/I into
environment, or a substantial detri- the system under the following provisions:
mental effect upon the physical struc-
ture of the public sewer or the POTW; (1) The number of pounds of BOD in excess of
250 mg/I will be calculated by the follow-
shall be subject to the imposition of one or ing equation: BOD = Q x 8.345 (Y-250). In
more surcharges as provided by this sub- this equation, Q is the total million gal-
division. lons of wastewater discharged during the
(Code 1975, § 24-121.13; Code 2002, § 94-391) billing period by the user and Y is the
average BOD concentration of the waste-
Sec. 94-392. Applicability. water of the user during the billing pe-
Any such user shall be liable for the imposition riod.
of a surcharge to reimburse the county or city for (2) The surcharge to the user or such party
any incremental costs or expenses (direct or indi- shall be set at a rate calculated to offset
rect) it may incur in handling or treating such the potential or actual extent of interfer-
wastes (or which may be imposed upon the county ence to the collection system or the POTW.
or the city) as a result of exceeding such limits.
(Code 1975, § 24-121.14; Code 2002, § 94-392) Surcharge-Suspended solids. Surcharge pro-
visions for suspended solids (SS) are hereby es-
Sec. 94-393. Determination. tablished. The user may discharge wastewaters
containing suspended solids concentrations in ex-
The city or county shall calculate the amount of cess of 250 mg/I but not to exceed 750 mg/I into
the surcharge to be assessed against such user. the public sewer under the following provisions:
(Code 1975, § 24-121.15; Code 2002, § 94-393)
(1) The number of pounds of suspended sol-
ids in excess of 250 mg/I will be calculated
Sec. 94-394. Criteria.
by the following equation: SS = Q x 8.345
The amount of the surcharge may be based (M-250). In this equation, Q is the total
upon and include the following: million gallons of wastewater discharged
during the billing period by the user or
(1) The volume of the discharge;
such party and Mis the average SS con-
(2) The length of time such discharge oc- centration of the wastewater of the user
curred; or such party during the billing period.
CD94:31
§ 94-394 MUSKEGON CITY CODE
(2) The surcharge to the user or such party one or more of the numerical limitations
shall be set at a rate calculated to offset and criteria in section 94-222(6) does not
the potential or actual extent of interfer- cause interference.
ence to the collection system or the POTW. (Code 1975, § 24-121.19; Code 2002, § 94-412)
(Code 1975, § 24-121.16; Code 2002, § 94-394)
Sec. 94-413. Conditions precedent to grant
Secs. 94-395-94-410. Reserved. or denial.
The city shall not grant a variance or exemp-
Subdivision XI. Transition and Exemption tion unless such variance or exemption shall have
first been granted by the county in accordance
Sec. 94-411. Authorized current discharges. with any applicable county ordinances or regula-
tions. Denial by the city of any application for
Nondomestic users with respect to whom there
variance or exemption shall be in writing, stating
exists authorization to discharge sewage within
the reasons therefor, and served not more than
parameters specified for that particular user
five days following such denial upon the applicant
(whether by service agreement, permit, letter
and the county.
authorization or otherwise) which authorization
(Code 1975, § 24-121.20; Code 2002, § 94-413)
existed prior to the effective date of the ordinance
from which this article is derived shall continue to
have such authority until the earlier date that: Secs. 94-414-94-430. Reserved.
(1) Such authority is renewed or confirmed
by the city; or
Subdivision XII. Enforcement and Procedure
(2) Such authority is modified or revoked by Sec. 94-431. Citation.
order of the city pursuant to and consis-
tent with this article. The city shall issue a citation with or without
(Code 1975, § 24-121.17; Code 2002, § 94-411) an order against any user deemed to be in viola-
tion of this article and determine the penalty, if
Sec. 94-412. Exemptions. any, to be imposed.
(Code 1975, § 24-121.21; Code 2002, § 94-431)
(a) To the extent there is no conflict with an
applicable state or federal statute or promulgated Sec. 94-432. Service.
rule the city may issue an exemption order to a
user with respect to: The citation shall be served upon each user
either by personal delivery or by certified mail
(1) Effluent standards, effluent limitation, ef- addressed to such user.
fluent criteria contained in this article. (Code 1975, § 24-121.22; Code 2002, § 94-432)
(2) Any other requirement of these regula-
tions applicable to the user. Sec. 94-433. Content of citation.
(b) In granting an exemption order the city The citation shall specify the following:
may:
(1) Date and time of issuance.
(1) Establish a new or modified standard,
(2) Date, time and place of violation, the
limitation, criteria or requirement in the
nature of the violation, the substances
exemption order.
discharged, where ascertainable, and the
(2) Not authorize a discharge which will re- volume of such discharge, where applica-
sult in interference. ble.
(3) As the sole or partial function of the order, (3) Reference to the pertinent section of the
determine that a discharge which exceeds article under which the violation is charged.
CD94:32
UTILITIES § 94-471
(4) Reference to the pertinent section of the formal hearing on the city's action by filing a
article establishing penalties for the vio- written demand for such hearing within a period
lation. of 20 days from the date service thereof is effected
upon such user, unless extended by written mu-
(5) The amount of the penalty, if any.
tual agreement.
(6) The right of the alleged violator to present
to the city, written explanations, informa- (b) Content of request for hearing. Such writ-
tion, or other materials in answer to the ten request signed by such user or on behalf of
citation, including any defenses. such user by a duly authorized officer, agent or
attorney to the city shall:
(7) The right to request an informal and
formal hearing on the violation within the (1) State the name and address of the user or
time limits specified in subdivision XIII of contractee requesting the hearing.
this division. (2) Have attached a copy of the citation, or-
(Code 1975, § 24-121.23; Code 2002, § 94-433) der, surcharge, penalty or action.
(3) State with particularity the defenses and
Secs. 94-434-94-450. Reserved. issues to be raised by such person at the
hearing; provided, however, additional de-
Subdivision XIII. Administrative Appeals fenses and issues may be raised at the
hearing.
Sec. 94-451. Scope.
(c) Schedule for hearing. A hearing shall be
This subdivision governs appeals from all ad- promptly scheduled at the earliest practicable
ministrative citations, orders, surcharges, penal- time and date, but not to exceed 15 days from the
ties, exemptions and variances. date of receipt of the request unless otherwise
(Code 2002, § 94-451) extended by written agreement.
(Code 1975, § 24-121.25; Code 2002, § 94-453)
Sec. 94-452. Informal hearings.
Sec. 94-454. Finality of action.
(a) Right to hearing. An informal hearing may
be requested by any user, deeming itself ag- If an informal or formal hearing is not de-
grieved by any citation, order, surcharge, penalty manded within the periods specified in sections
or action on exemptions and variances before the 94-452 and 94-453, such action shall be deemed
city by requesting an informal hearing within ten final. In the event either or both such hearings
days after the citation, order, penalty or other are demanded, the action shall be suspended
action has been served upon such user. until a final determination has been made, except
for immediate cease and desist orders issued
(b) Ti,me. The informal hearing shall be promptly
pursuant to section 94-327(1).
scheduled at the earliest practicable date, but
(Code 1975, § 24-121.26; Code 2002, § 94-454)
which shall not exceed five days after receipt of
the request unless extended by mutual written Secs. 94-455-94-470. Reserved.
agreement.
(c) Nature. The hearing shall be conducted on Subdivision XIV. Procedure for Conduct of
an informal basis without recording or transcrib- Hearing
ing of the hearing.
(Code 1975, § 24-121.24; Code 2002, § 94-452) Sec. 94-471. Compliance with procedures.
Hearings on any notice, order, citation, sur-
Sec. 94-453. Formal hearings.
charge or other action of the city shall be con-
(a) Right to hearing. Any user deeming itself ducted under the procedure set forth in this
aggrieved by any citation, order, surcharge, pen- subdivision.
alty or other action shall have the right to a (Code 2002, § 94-471)
CD94:33
§ 94-472 MUSKEGON CITY CODE
Sec. 94-4 72. Hearing board. the proceedings shall be made available to all
parties upon request and upon payment by the
(a) Designation of appeal board. The city com- requesting party.
mission hereby designates the DPW board as the
hearing board to schedule, hear and decide ad- (d) Continuances. The hearing board may grant
ministrative appeals arising under this article. continuances for good cause shown; however, when
a hearing examiner has been assigned to such
(b) Powers. A majority of the DPW board is hearing, no continuances may be granted except
hereby vested with the power, jurisdiction and by him for good cause shown so long as the matter
authority to: remains before such examiner.
(1) Schedule, hear and decide appeals from (e) Oaths; certification. In any proceedings un-
any administrative determination made der this division, the hearing board, any board
by the city. member, or the hearing examiner has the power
(2) Schedule, hear and decide applications to administer oaths and affirmations and to cer-
for extensions of time for compliance or tify to official acts.
for exemptions or variances in the man-
(f) Reasonable dispatch. The hearing board
ner set forth in this division.
and its representatives shall proceed with reason-
(c) Proceedings. The hearing board shall keep able dispatch to conclude any matter before it.
minutes of its proceedings and comply with the Due regard shall be shown for the convenience
open meetings act (MCL 15.261 et seq.) and shall and necessity of any parties or their representa-
electronically record or authorize stenographic tives.
recording of the proceedings. (Code 1975, § 24-121.28; Code 2002, § 94-473)
(d) Conduct of proceedings. The hearing board Sec. 94-474. Form of notice of hearing.
shall have the right to adopt reasonable rules and
regulations governing the conduct of its hearings. The notice to appellant shall be substantially
Any person may appear and testify at a hearing in the following form, but may include other
and be represented by an authorized agent or information:
attorney.
"You are hereby notified that a hearing will be
(Code 1975, § 24-121.27; Code 2002, § 94-472)
held before (the Board or name of hearing
examiner) at _ _ _ _ on the _ _ _ _ day
Sec. 94-4 73. General procedures. of _ _ _ _ , _ _ _ _ , at the hour upon the
hearing requested by you. You may be present
(a) Hearing examiners. The hearing board may
at the hearing. You may be, but need not be,
appoint one or more hearing examiners or desig-
represented by counsel. You may present any
nate one or more of its members to serve as
relevant evidence and will be given full oppor-
hearing examiners to conduct the hearings. The
tunity to cross examine all witnesses testifying
examiner hearing the case shall exercise all pow-
against you. You may request the attendance of
ers relating to the conduct of hearings until it is
public witnesses and the production of books,
submitted by him to the hearing board for deci-
documents or other things by filing a request
sion.
therefor with (Board or name of hearing exam-
(b) Record. A record of the entire proceedings iner)."
shall be made by tape recording, or by any other (Code 1975, § 24-121.29; Code 2002, § 94-474)
means of permanent recording determined to be
appropriate by the hearing board. Sec. 94-475. Conduct of hearing.
(c) Reporting. The proceedings at the hearing (a) Rules. Hearings need not be conducted
shall also be reported by a stenographic reporter according to the technical rules relating to evi-
if requested by any party thereto. A transcript of dence and witnesses.
CD94:34
UTILITIES § 94-476
(b) Oral evidence. Oral evidence shall be taken ters to be noticed, and these matters shall
only on oath or affirmation. be noted in the record, referred to therein,
or appended thereto.
(c) Hearsay evidence. Hearsay evidence may
be used for the purpose of supplementing or (3) Opportunity to refute. Parties present at
explaining any direct evidence, but shall not be the hearing shall be given a reasonable
sufficient in itself to support a finding unless it opportunity, on request, to refute the offi-
would be admissible over objection in civil actions cially noticed matters by evidence or by
in courts of competent jurisdiction in this state. written or oral presentation of authority,
the manner of such refutation to be deter-
(d) Admissibility of evidence. Any relevant ev- mined by the hearing board or hearing
idence shall be admitted if it is the type of examiner.
evidence on which responsible persons are accus-
(4) Inspection of the premises. The hearing
tomed to rely in the conduct of serious affairs,
board or the hearing examiner may in-
regardless of the existence of any common law or
spect any building or premises involved in
statutory rule which might make improper the
the appeal during the course of the hear-
admission of such evidence over objection in civil
ing, provided that:
actions in courts of competent jurisdiction in this
state. a. Notice of such inspection shall be
given to the parties before the inspec-
(e) Exclusion of evidence. Irrelevant and un- tion is made;
duly repetitious evidence shall be excluded.
b. The parties are given an opportunity
(f) Rights of parties. Each party shall have to be present during the inspection;
these rights, among others, to: and
(1) Call and examine witnesses on any mat- c.
The hearing board or the hearing
ter relevant to the issues of the hearing; examiner shall state for the record
upon completion of the inspection
(2) Introduce documentary and physical evi- the material facts observed and the
dence; conclusions drawn therefrom. Each
party then shall have a right to
(3) Cross examine opposing witnesses on any
rebut or explain the matters so stated
matter relevant to the issues of the hear-
by the hearing board or hearing ex-
ing;
aminer.
(4) Impeach any witness regardless of which (Code 1975, § 24-121.30; Code 2002, § 94-475)
party first called him to testify;
Sec. 94-4 76. Method and form of decision.
(5) Rebut the evidence against him;
(a) Hearing before hearing board. Where a
(6) Represent himself or to be represented by contested case is heard before the hearing board,
anyone of his choice who is lawfully per- no member thereof who did not hear the evidence
mitted to do so. or has not read the entire record of the proceed-
(g) Official notice. ings shall vote on or take part in the decision.
(1) What may be noticed. In reaching a deci- (b) Hearing before examiner. If a contested
sion, official notice may be taken, either case is heard by a hearing examiner alone, the
before or after submission of the case for hearing examiner shall within a reasonable time
decision, of any fact which may be judi- (not to exceed 30 days from the date the hearing is
cially noticed by the courts of this state. closed) submit a written report to the hearing
board. Such report shall contain a brief summary
(2) Parties to be notified. Parties present at of the evidence considered and state the examin-
the hearing shall be informed of the mat- er's findings, conclusions and recommendations
CD94:35
§ 94-476 MUSKEGON CITY CODE
subject to subdivision XVI of this division on with. A copy of the decision shall be delivered
confidentiality. The report also shall contain a personally or sent by certified mail, postage pre-
proposed decision in such form that it may be paid, return receipt requested, to the appellant.
adopted by the hearing board as its decision in the
case. All examiner's reports filed with the hearing (h) Effective date of decision. The effective date
board shall be matters of public record. A copy of of the decision shall be as stated therein or
each such report and proposed decision shall be pursuant to a stay order from a court of compe-
mailed to each party on the date they are filed tent jurisdiction.
with the hearing board. (Code 1975, § 24-121.31; Code 2002, § 94-476)
(c) Consideration of report by hearing board; Sec. 94-477. Judicial review.
notice. The hearing board shall fix a time, date
and place to consider the hearing examiner's Appeals from the determinations of the hear-
report and proposed decision, within 15 days from ing board may be made to the circuit court for the
the filing thereof. Notice thereof shall be mailed to county as provided by law. Such appeals shall be
each interested party not less than five days prior governed procedurally by the administrative pro-
to the date fixed, unless it is otherwise stipulated cedures act of 1969 (MCL 24.201 et seq.). All
by all of the parties. findings of fact, if supported by the evidence,
made by the hearing board shall be conclusive
(d) Exceptions to report. Not later than two upon the court.
days before the date set to consider the report, (Code 1975, § 24-121.32; Code 2002, § 94-477)
any party may file written exceptions to any part
or all of the examiner's report and may attach Secs. 94-478-94-495. Reserved.
thereto a proposed decision together with written
argument in support of such decision. By leave of
the hearing board, any party may present oral Subdivision XV. Penalties and Remedies
argument to the hearing board.
Sec. 94-496. Criminal penalties.
(e) Disposition by the hearing board. The hear-
ing board may adopt or reject the proposed deci- Any user, or person (other than an employee of
sion in its entirety, or may modify the proposed a user while acting as an employee) knowingly
decision. violating any provision of this article or a final
order shall be guilty of a misdemeanor.
(f) Proposed decision not adopted. If the pro- (Code 1975, § 24-121.33; Code 2002, § 94-496)
posed decision is not adopted by the hearing
board as provided in subsection (e) of this section, Sec. 94-497. Continuing offense.
the hearing board may decide the case upon the
entire record before it, with or without taking Each and every day of any such violation shall
additional evidence; or may refer the case to the constitute a separate and new offense and shall be
same or another hearing examiner to take addi- punishable as such as provided in this subdivi-
tional evidence. If the case is reassigned to a sion.
hearing examiner, the hearing examiner shall (Code 1975, § 24-121.34; Code 2002, § 94-497)
prepare a report and proposed decision as pro-
vided in subsection (b) of this section after any Sec. 94-498. Surcharges.
additional evidence is submitted. Consideration
of such proposed decision by the hearing board In addition to prosecution and the imposition of
shall comply with the provisions of this section. civil penalties for violating this article, a user or
contractee violating the regulations established
(g) Form of decision. The decision of the hear- by or pursuant to this article shall be subject to
ing board shall be in writing and shall contain one or more surcharges in accordance with subdi-
findings of fact, a determination of the issues vision X of this division.
presented, and the requirements to be complied (Code 1975, § 24-121.35; Code 2002, § 94-498)
CD94:36
UTILITIES § 94-541
Sec. 94-499. Civil penalties. trade secrets or is information which, if disclosed,
would tend to injure the competitive position of
Any user violating this article may also be
the user. The following data is not entitled to
subject to a penalty to be initially determined and
confidential treatment:
assessed by the city not to exceed $500.00 per day,
subject to appeal to the hearing board and circuit (1) Data which directly expresses efiluent char-
court. The hearing board may also adopt and acteristics at or after a point of discharge
publish a schedule of monetary civil penalties for to the public sewer or the POTW.
various types of violations of this article. No such
penalty shall be imposed where the violation was (2)
Data which has previously been disclosed
not caused by such user. to the public generally.
(Code 1975, § 24-121.36; Code 2002, § 94-499) (Code 1975, § 24-121.40; Code 2002, § 94-521)
Sec. 94-500. Violation constitutes a public Sec. 94-522. Request for confidentiality.
nuisance.
With respect to information and data submit-
Violations of this article are hereby declared to ted to the city by the user, the user must submit a
constitute a public nuisance. cover sheet, or indicate on individual sheets, that
(Code 1975, § 24-121.37; Code 2002, § 94-500) such information is to be held as confidential
information, in order for the information and data
Sec. 94-501. Civil injunctive relief. to be entitled to confidential treatment.
(Code 1975, § 24-121.41; Code 2002, § 94-522)
The city is hereby empowered to institute legal
proceedings for the abatement of any nuisance
including injunctive actions or other remedies, Sec. 94-523. Request for release of confiden-
including damages. tiality.
(Code 1975, § 24-121.38; Code 2002, § 94-501)
If any person or governmental agency requests
Sec. 94-502. Prima facie presumption. from the city information or data which is to be
treated confidentially or is marked "confidential"
There shall be a prima facie presumption that pursuant to sections 94-521 and 94-522, the city
the owner or occupant, if not owner-occupied, of shall notify the user before any release of such
the premises upon or from which a violation of information and data. The user may agree to or
this article is determined to exist, that such object to the release of all or part of the requested
owner or occupant had knowledge of the unau- information and data. If the user objects and the
thorized discharge or other violation. Such pre- requesting person or agency continues its request
sumption shall be rebuttable by competent evi- then the information and data at issue shall not
dence showing the absence of such knowledge if be released by the city without an order of a court
actual or constructive knowledge is a necessary of competent jurisdiction.
element of the proof of such violation. (Code 1975, § 24-121.42; Code 2002, § 94-523)
(Code 1975, § 24-121.39; Code 2002, § 94-502)
Secs. 94-524-94-540. Reserved.
Secs. 94-503-94-520. Reserved.
Subdivision XVII. Upsets and Net I Gross
Subdivision XVI. Confidentiality
Sec. 94-521. Confidential information. Sec. 94-541. Upset liability.
All information and data submitted to the city In the event of an upset, the user shall not be
by the user or obtained by the city through liable for the fines, imprisonment or civil penal-
inspections and monitoring shall be protected by ties provided for in this article. An upset shall
and held by the city as confidential if it relates to mean a noncompliance with this article which is
CD94:37
§ 94-541 MUSKEGON CITY CODE
unintentional and temporary and is caused by Sec. 94-563. User charge for sewer service.
factors beyond the reasonable control of the user.
(Code 1975, § 24-121.43; Code 2002, § 94-541) (a) Rates and charges for the use of the waste-
water system of the city are established by this
section and made against each lot, parcel, of land
Sec. 94-542. Upsets and FCPS. or premises which may have direct or indirect
To the extent an upset involves a FCPS, the connections to the system or which may otherwise
provisions of 40 CFR 403.16, as amended, shall be discharge wastewater either directly or indirectly
met in order for the fines, imprisonment and civil into the system.
penalties of this article not to apply and in order (b) The rates and charges hereby established
for the upset to constitute an affirmative defense shall be based upon a methodology which com-
as provided in 40 CFR 403.16, as amended. plies with applicable federal and state statutes
(Code 1975, § 24-121.44; Code 2002, § 94-542) and regulations. The amount of the rates and
charges shall be sufficient to provide for debt
Sec. 94-543. Net/gross and FCPS. service and for the expenses of operation, main-
tenance and replacement of the system as neces-
A user may apply to the United States Envi-
sary to preserve the system in good repair and
ronmental Protection Agency for an adjustment
working order. The amount of the rates and
in a FCPS to reflect the presence of pollutants in
charges shall be reviewed annually and revised
the user's intake water in accordance with 40
when necessary to ensure system expenses are
CFR 403.15, as amended. If such an adjustment is
met and that all users pay their proportionate
made, the adjusted FCPS shall apply, provided
share of operation, maintenance and equipment
the adjustment does not result in interference.
replacement expenses.
(Code 1975, § 24-121.45; Code 2002, § 94-543)
(c) The amount of such rates and charges and
Secs. 94-544-94-560. Reserved. the intervals at which users of the wastewater
system are billed shall be determined by resolu-
tion of the city commission.
DIVISION 5. RATES AND CHARGES
(d) The rates and charges for operation, main-
Sec. 94-561. Definition. tenance and replacement established in this sec-
tion shall be uniform within the area serviced by
In this division, the term "system" shall be as the city. No free service shall be allowed for any
defined in division 4 of this article. user of the wastewater system.
(Code 1975, § 24-122; Code 2002, § 94-561)
(e) All customers of the wastewater system
shall receive an annual notification, either printed
Sec. 94-562. Rates and charges generally. on the bill or enclosed in a separate letter, which
All premises connected directly or indirectly to will show the breakdown of the wastewater dis-
the sanitary sewers of the city shall be charged posal bill into its components for:
rates for connection, service, readiness to serve, (1) Operation, maintenance and replacement;
and miscellaneous fees in connection with service, and
and shall make payments to the city in the
amounts and upon schedules computed and de- (2) Debt service.
termined by the city commission in a fee and rate (f) Definitions. As used in this section:
schedule adopted by resolution. Charges shall be
based upon the actual flow, measured by water Operation and maintenance means all costs,
service where available, or as established by the direct and indirect, inclusive of all expenditures
city commission based upon reasonable stan- attributable to administration, replacement and
dards. treatment and collection of sewage or wastes,
(Code 1975, § 24-125; Code 2002, § 94-562) necessary to ensure adequate treatment and col-
CD94:38
UTILITIES § 94-567
lection of sewage or wastes on a continuing basis ranted before agreeing to install such stub replace-
in conformance with the NPDES permit, and ment. Stub line installation fees will not be charged
other applicable regulations. where an existing stub line is being replaced
because of city work on the main or the streets.
Replacement means expenditures and costs for (Code 1975, § 24-123.2; Code 2002, § 94-565)
obtaining and installing equipment, accessories
or appurtenances which are necessary during the Sec. 94-566. Customer classification.
service life of the system to maintain the capacity The city commission shall classify all custom-
and performance for which the system was de- ers of the system according to a user class and
signed and constructed. each user class will pay for its proportionate uses
(Code 1975, § 24-123; Code 2002, § 94-563) of the sewage works in terms of volume and
pollutant loading. Sewer user charges are levied
Sec. 94-564. Sewer connection fee. to defray the cost of operation, maintenance, and
debt retirement of the sewage works also for the
(a) Where an abutting or benefitted property
treatment and control of the sewage. The classes
has not been specifically assessed for any of the
of users of the sewage works, for the purpose of
following services or installations, a connection
determining the user charge, shall be as follows:
fee shall be charged for new or upgraded service:
(1) Class I-Residential. Class I shall include
(1) Installation of a main sewer line, on a those customers which discharge only seg-
street abutting the property from which it regated domestic wastes or wastes from
will be served; sanitary conveniences and who are de-
(2) Installation of connections of stub lines to fined as residential users.
main sewer lines. (2) Class II-Commercial. Class II shall in-
clude those customers which discharge
(b) The amount of sewer connection fees shall only segregated domestic wastes or wastes
be determined by the city commission based upon from sanitary conveniences and who are
all costs involved with the sewer system and shall defined as commercial users, and shall
be set forth in a schedule ofrates and fees adopted also include institutional and governmen-
by resolution of the city commission. Connection tal users.
fees and estimates of actual costs where applica-
(3) Class III-Industrial. Class III shall in-
ble for sewer service shall be paid in full seven
clude those customers which discharge
days before installation begins.
industrial sewage and who are defined as
(Code 1975, § 24-123.1; Code 2002, § 94-564)
industrial users. An industrial user, for
the purpose of the industrial cost recovery
Sec. 94-565. Stub line installation fees.
system, shall be a user as defined in this
(a) Stub line installation fees shall be charged article, except that user which discharges
to all property receiving sewer service in accor- less than 25,000 gallons per day of sani-
dance with the schedule ofrates and fees adopted tary waste, if the discharge does not con-
by resolution of the city commission. tain pollutants which interfere, or are
incompatible, with the treatment process,
(b) Stub line installation fees shall be charged
or contaminate or reduce the utility of
where there has been installation of a stub, as
sludge.
above defined, from the sewer main to the prop-
(Code 1975, § 24-124; Code 2002, § 94-566)
erty boundary in accordance with the resolution
of fees and rates adopted by the city commission. Sec. 94-567. Industrial users to pay share of
Such stub line installation fees shall be charged operation, maintenance, re-
where the owner of the property or an authorized placement and depreciation
representative has requested an upgrade of ser- costs plus amount for recovery
vice, or an upgrade of service has been installed. of portion of federal grants.
The city in such cases reserves the right to Each industrial user, as designated in section
determine whether a stub replacement is war- 94-566, shall pay their share of the operation,
CD94:39
§ 94-567 MUSKEGON CITY CODE
maintenance, replacement and depreciation costs Sec. 94-571. Reserved.
for treatment of the industrial sewage, plus an
amount that may be paid by industrial users for Sec. 94-572. Additional charge for indus-
the recovery of the portion of federal grants al- trial waste.
locable to the treatment of industrial sewage.
(Code 1975, § 24-124.1; Code 2002, § 94-567) In cases where the character of sewage from a
manufacturing or industrial plant, building or
Sec. 94-568. Industrial users discharging premises is such that an unreasonable additional
process wastewater not exceed- burden is imposed upon the system, greater than
ing normal strength sewage to that imposed by the average sewage delivered to
make quarterly payments to city the system plant, the additional cost of treatment
based on actual volume and created thereby shall be an additional charge over
strength of flow. the regular rates set forth in this article, or the
city may, if it deems it advisable, compel such
Each industrial sewer customer that discharges manufacturing or industrial plant, building or
to the system process wastewater which does not premises to treat such sewage in such manner as
exceed the limits of normal strength sewage shall shall be specified by the city before discharging
be charged and shall make quarterly payments to such sewage into the sewage disposal system.
the city in amounts based on the actual volume (Code 1975, § 24-126; Code 2002, § 94-572)
and strength of the flow from such premises.
(Code 1975, § 24-124.2; Code 2002, § 94-568)
Sec. 94-573. Additional charge for service
outside city.
Sec. 94-569. Pretreatment or payment of sur-
charge required where indus- Any user of any sewer or sewer service located
trial user exceeds limits of nor- outside of the corporate limits of the city who has
mal strength sewage. a connection with the sewage disposal system of
Each industrial user that proposes to discharge the city shall pay for such service such additional
to the system process wastewater which exceeds rate to that charged to users within the corpora-
the limits of normal strength sewage will be tion limits of the city as the city commission may,
required to either: from time to time, determine by contract or oth-
erwise.
(1) Provide satisfactory pretreatment to re- (Code 1975, § 24-127; Code 2002, § 94-573)
duce the strength of the wastewater to
normal strength sewage; or Sec. 94-574. Charges for late payment; pro-
(2) Pay a surcharge determined by the rela- test.
tive concentration of BOD, suspended sol-
ids, or other pollutant as compared to Bills not paid by the due date shall be subject to
normal strength sewage. a penalty charge often percent and a statement to
(Code 1975, § 24-124.3; Code 2002, § 94-569) that effect shall be contained in each bill. No bill
shall be eligible for review or adjustment unless
protested within 30 days after date of billing.
Sec. 94-570. Permit required to discharge (Code 1975, § 24-128; Code 2002, § 94-574)
wastewater exceeding normal
strength sewage.
Sec. 94-575. Limitation on review of bill.
Prior to discharging to the system process
wastewater which exceeds the limits of normal No sewer bill shall be eligible for review or
strength sewage, a permit must be obtained from adjustment unless paid under protest during the
the city. month it is due or payable.
(Code 1975, § 24-124.4; Code 2002, § 94-570) (Code 1975, § 24-129; Code 2002, § 94-575)
CD94:40
UTILITIES § 94-604
Sec. 94-576. Payment for services rendered sources, whether or not approved by the public
city. health department of the county or state, or water
from the city water supply which in any way has
The city shall pay, out of the appropriate gen-
been additionally treated or processed in a man-
eral funds of the city, the reasonable cost and
ner by which it may be exposed to any contami-
value of the services rendered to the city by the
nant, or stored in a facility not approved by the
system, on the basis of the schedule of rates
city.
prescribed in this division and amounts of water
used by the several departments of the city. Submerged inlet means a water pipe or exten-
(Code 1975, § 24-130; Code 2002, § 94-576) sion thereto from the city water supply terminat-
ing in a tank, vessel, fixture or appliance which
Sec. 94-577. Charges constitute lien. may contain water of questionable quality, waste
or other contaminant and which is unprotected
Charges prescribed by this division shall con-
against backflow.
stitute a lien on the property served by the sewer
connection, and if not paid within 90 days may be Water utility means the city department of
collected in the same manner as general city public utilities.
taxes. (Code 1975, § 24-141; Code 2002, § 94-601)
(Code 1975, § 24-131; Code 2002, § 94-577)
State law reference-Lien, MCL 123.161 et seq. Sec. 94-602. Compliance with existing laws.
Secs. 94-57S-94-600. Reserved. A connection with the city water supply system
constructed outside of the public right-of-way
shall comply with the provisions of this Code.
ARTICLE V. CROSS CONNECTIONS WITH (Code 1975, § 24-142; Code 2002, § 94-602)
PUBLIC WATER SUPPLY SYSTEM
Sec. 94-603. Cross connections prohibited.
Sec. 94-601. Definitions.
Cross connection of the city water supply sys-
The following words, terms and phrases, when tem and any other water supply system or source,
used in this article, shall have the meanings including, but not limited to, the following, is
ascribed to them in this section, except where the prohibited:
context clearly indicates a different meaning:
(1) Between the city water supply system
Backflow means water of questionable quality, and a secondary water supply.
wastes or other contaminants entering the city
(2) By a submerged inlet.
water supply system due to a reversal of flow.
(3) Between a lawn sprinkling system and
Cross connection means a connection or arrange-
the city water supply system.
ment of piping or appurtenances through which a
backflow could occur. (4) Between the city water supply and piping
which may contain sanitary waste or a
Safe air gap means the minimum distance of a chemical contaminant.
water inlet or opening above the maximum high
water level or overflow rim in a fixture, device or (5)
Between the city water supply system
container to which city water is furnished which and piping immersed in a tank or vessel
shall be at least two times the inside diameter of which may contain a contaminant.
the water inlet pipe; but shall not be less than one (Code 1975, § 24-143; Code 2002, § 94-603)
inch and need not be more than 12 inches.
Sec. 94-604. Local cross connection control
Secondary water supply means a water supply program.
system maintained in addition to, or instead of,
the city water supply, including, but not limited The city shall develop a comprehensive control
to, water systems or wells from ground or surface program for the elimination and prevention of all
CD94:41
§ 94-604 MUSKEGON CITY CODE
cross connections. The plan for the program shall Sec. 94-607. Private water storage tanks.
be submitted to the state department of public
health for review and approval. When the plan is A private water storage tank supplied from the
approved, the city shall implement the program city water supply system shall be deemed a sec-
for removal of all existing cross connections and ondary water supply unless it is designed and
prevention of all future cross connections. approved for potable water usage.
(Code 1975, § 24-144; Code 2002, § 94-604) (Code 1975, § 24-147; Code 2002, § 94-607)
Sec. 94-608. Inspection.
Sec. 94-605. Corrections and protective de-
vices. It shall be the duty of the city manager or his
authorized agent to cause inspections to be made
Any user of city water shall obtain written of all properties served by the city water supply
approval from the department of public utilities of system where cross connections with the city
any proposed corrective action or protective de- water supply are deemed possible. The frequency
vice before using or installing it. The expenses of of inspections and reinspections based on poten-
elimination of cross connections shall be that of tial health hazards involved shall be established
the owner of the property on which such cross by the department of public utilities and as ap-
connections exist. The total time allowed for com- proved by the state department of public health.
pletion of the necessary corrections shall be con- (Code 1975, § 24-148; Code 2002, § 94-608)
tingent upon the degree of hazard involved and
include the time required to obtain and install Sec. 94-609. Right to enter for purpose of
equipment. If the cross connection has not been inspection.
removed within the time as herein specified, the
department of public utilities shall physically The city manager or his authorized agent shall
separate the city water supply from the on-site have the right to enter at any reasonable time any
piping system in such a manner that the two property served by a connection to the city water
systems cannot again be connected by any unau- supply for the purpose of inspecting the piping
thorized person. The expenses incurred by the system or systems thereof for cross connections.
city in such separation of water supplies shall be On request, the owner of any property so served
those of the property owner. shall furnish to the inspector any pertinent infor-
(Code 1975, § 24-145; Code 2002, § 94-605) mation regarding the piping system on such prop-
erty. The refusal of access, when requested, shall
be deemed evidence of the presence of cross con-
Sec. 94-606. Piping identification. nections.
(Code 1975, § 24-149; Code 2002, § 94-609)
When a secondary water source is used in
addition to the city water supply, exposed city Sec. 94-610. Discontinuance of water ser-
water and secondary water piping shall be iden- vice.
tified by distinguishing colors or tags as specified
hereafter in the city cross connection control The department of public utilities is hereby
program and so maintained that each pipe may be authorized and directed to discontinue water ser-
traced readily in its entirety. If piping is so vice after eight hours' notice to any property
installed that it is impossible to trace it in its wherein any connection in violation of this article
entirety, it will be necessary to protect the city exists, and to take such other precautionary mea-
water supply at the service connection in a man- sures deemed necessary to eliminate any danger
ner acceptable to the department of public utili- of contamination of the city water system. The
ties. expense of discontinuance shall be that of the
(Code 1975, § 24-146; Code 2002, § 94-606) property owner. Water service to such property
CD94:42
UTILITIES § 94-610
shall not be restored until the cross connections
have been eliminated in compliance with the
provisions of this article.
(Code 1975, § 24-150; Code 2002, § 94-610)
CD94:43