§ 34-202. Order of determination.

(a)

The public services director may issue an order of determination to any user setting forth the requirements and conditions of discharge to the city wastewater system pursuant to the provisions of this article. The public services director shall periodically review such orders and may revoke, modify and/or reissue any order as appropriate.

(b)

Any order of determination issued pursuant to this article shall be considered a part of this article for the user or facility, and shall be enforceable in the same manner as this article.

(c)

An order of determination is issued to a user and applies to operations or processes contributing wastewater at a specific facility or location. Such an order is not transferable to a new or alternate facility or location. Such an order is not transferable to a new owner or user of an existing facility without prior notification to the public services director and provision of a copy of the existing order to the new owner or user. Any succeeding owner or user shall comply with the terms and conditions of the existing order until such order is revoked or reissued.

(d)

For each significant industrial user the director shall issue an order of determination which shall include as a minimum:

(1)

A statement of duration, not to exceed five (5) years, including issuance and expiration dates; and

(2)

Effluent limitations based on the more stringent of applicable federal categorical pretreatment standards, state law, or local limits pursuant to this article; and

(3)

Self-monitoring sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type; and

(4)

Other conditions as deemed appropriate by the public service director to ensure compliance with this article, state and federal pretreatment standards and requirements; and

(5)

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule; and

(6)

A statement of nontransferability.

(e)

For pollutants, such as mercury, that are of concern at a level below background concentrations and subject to regulation in the city's wastewater discharge (NPDES Permit MI0023752) through implementation of a state approved pollutant minimization program, an order of determination may be issued to any class I, II, or III user of the city wastewater system that has the reasonable potential to discharge controllable levels of mercury at or above the limitation established in section 34-170 above. For low discharge volume users (class III users), such as dental offices, where sampling and analysis of the individual user's discharge is not feasible or practicable, the user may be determined to be in compliance with the local limitation by implementing acceptable pollutant minimization practices to eliminate the discharge of controllable mercury levels.

(Ord. No. 433, § 1(2.71), 6-3-85; Ord. No. 490, § 1, 4-20-92; Ord. No. 689, § 1, 11-5-07)