Wastewater Treatment Ordinance (2005)

Wastewater Treatment Ordinance

Contents

8.1.101

Title. .................................................................................................................. 2

8.1.102

Authorization; purpose and intent; application and scope; jurisdiction. .......... 2

8.1.103

Definitions. ....................................................................................................... 2

8.1.104

Regulatory Authority. ..................................................................................... 11

8.1.105

Discharge Restrictions; prohibitions; penalties. ............................................. 13

8.1.106

Prohibitions affecting public wastewater system; requirements for connection.

........................................................................................................................ 16

8.1.107

Permits; connection to public wastewater system. ......................................... 17

8.1.108

Filing of statement of materials discharged; additional charges. ................... 21

8.1.109

User rates and charges. ................................................................................... 23

8.1.110

Wastewater Treatment Facility Administration; review and audit; insurances. .

........................................................................................................................ 26

8.1.111

Validity, Severability, Conflict, Liability. ...................................................... 27

8.1.112

Tribal Sovereignty Retained Unless Expressly Waived. ................................ 27

1

Hannahville Indian Community

Title VIII, Chapter 1

Wastewater Treatment Ordinance

8.1.101

Title.

This Ordinance shall be known as the “Hannahville Indian Community Wastewater

Treatment Ordinance” or “Wastewater Treatment Ordinance.”

8.1.102

Authorization; purpose and intent; application and scope;

jurisdiction.

Authorization. This Ordinance is authorized pursuant to Article V of the

Tribal Constitution.

(2)

Purpose and Intent. To provide rules and regulations regarding

wastewater, including sanitary sewers, sewer connections, domestic

sewage discharge, and industrial wastewater discharge to the tribally

owned collection and treatment system of the Hannahville Indian

Community, (the “Community” or the “Tribe”) and providing for pollutant

limitations, data collection, monitoring and sampling, special user

contracts, and penalties for violations of this Ordinance in order to

preserve the health and well-being of its tribal members, employees, and

neighbors.

(3)

Application and Scope. This Ordinance applies to the use of the

Hannahville Indian Community wastewater treatment system by onreservation users and off-reservation users in respect to services to be

supplied to neighboring communities for wastewater treatment, except

where amended or modified by express Agreement pursuant to action by

the Tribal Council, which shall be evidenced in writing.

(4)

Jurisdiction. The Hannahville Indian Community Tribal Court shall have

exclusive jurisdiction over all matters, causes of action, agreements, and

relationships as indicated within the applicability and other sections of this

Ordinance which relate to matters within the geographic jurisdiction of the

Tribe, the use of its wastewater treatment system as defined by this

Ordinance, the tribal Constitution, and tribal and federal law.

8.1.103

(1)

Definitions.

The following words, terms and phrases, when used in this Ordinance, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a

different meaning.

2

(1)

“B.O.D.” - biochemical oxygen demand means the quantity of oxygen

utilized in the biochemical oxidation of organic matter under standard

laboratory procedures in 5 days at 20 degrees centigrade expressed in

terms of weight and concentration (milligrams per liter).

(2)

“Building Drain” - the part of the lowest horizontal piping of a drainage

system which receives the discharge from soil, waste and other drainage

pipes inside the walls of a building and conveys it to the building sewer,

beginning 5 feet outside the inner face of the building wall.

(3)

“Building Sewer” - the extension from a building drain to the public

wastewater collection system or other places of disposal.

(4)

“Chemical Oxygen Demand” - a measure of the oxygen-consuming

capacity of inorganic and organic matter present in water or wastewater

expressed as the amount of oxygen consumed from a chemical oxidant in

a specified test. It does not differentiate between stable and unstable

organic matter and thus does not necessarily correlate with biochemical

oxygen demand. Also known as OC and DOC, oxygen consumed and

dichromate oxygen consumed, respectively.

(5)

“Clean Water Act” - the Federal Water Pollution Control Act of 1972 (PL

92-500), as amended by the Clean Water Act of 1977 (PL 92-217), 33

USCA § 1251, et seq.

(6)

“Combined Sewer” - a sewer which receives both surface runoff and

sewage.

(7)

“Commercial Waste” - a liquid or water-carried waste material from a

commercial business engaged in buying, selling, or exchanging goods, or

engaged in preparing such goods for sale or service.

(8)

“Compatible Pollutant” - a substance amenable to treatment in the

wastewater treatment plant, such as biochemical oxygen demand,

suspended solids, pH and fecal coliform bacteria, plus additional

pollutants identified in the NPDES permit for the publicly owned

treatment facility, which facility was designed to treat such pollutants, and

in fact does remove such pollutants to a substantial degree. Examples of

such additional pollutants may include chemical oxygen demand, total

organic carbon, phosphorus and phosphorus compounds, nitrogen

compounds, fat and oils and greases of animal or vegetable origin.

(9)

“Composite Sample” - a series of samples taken over a specific time

period whose volume is proportional to flow in the waste stream, which

are combined into one sample.

3

(10)

“Contributor” - any individual, firm, company, association, society,

corporation, or group responsible for the production of domestic,

commercial or industrial waste which is directly or indirectly discharged

into the public wastewater system.

(11)

“Cooling Water” - the water discharged from any use, such as but not

limited to, air conditioning, cooling or refrigeration, or to which the only

pollutant added is heat.

(12)

“Debt Service Charge” - charges levied to customers of the wastewater

system and which are used to pay principal, interest and administrative

costs of retiring the debt incurred for construction of the wastewater

system. The debt service charge shall be in addition to the user charge as

defined in this section.

(13)

“Equivalent Dwelling Unit” - a unit representing an estimate of the

amount of wastewater expected to be discharged from a building or

premises and is approximately the amount of wastewater discharged from

a typical residential dwelling with an average number of persons, with

typical domestic water use habits. In a flat rate user fee system, the

equivalent dwelling unit is the method of assigning and determining the

flow generated and services paid for.

(14)

“EDU” - equivalent dwelling unit.

(15)

“Garbage” - solid wastes from the preparation, cooking and dispensing of

food and from the handling, storage and sale of produce.

(16)

“Grab Sample” - a sample which is taken from a waste stream on a one time basis with no regard to the flow in the waste stream and without

consideration of time.

(17)

“Holding Tank Waste” - any waste from holding tanks such as but not

limited to, vessels, chemical toilets, campers, trailers, septic tanks, and

vacuum-pump trucks.

(18)

“Incompatible Pollutant” - any pollutant which is not a compatible

pollutant.

(19)

“Industrial Cost Recovery” - the wastewater discharges from industrial

manufacturing trade or business processes as distinguished from sanitary

sewage.

(20)

“Industrial Wastes/Industrial Process Waters” - liquid wastes from

industrial, manufacturing, trade or business processes, or wastewater

4

discharge with these characteristics, as distinct from their employees’

domestic wastes from sanitary conveniences.

(21)

“Inspector” - the person duly authorized by the Tribal Council to inspect

and approve the installation of building sewers and their connections to

the public waste water system, and to inspect the sewage discharged from

them.

(22)

“Major Contributing Industry” - any industrial user of the Hannahville

Indian Community wastewater treatment system that has any of the

following:

(a)

Has a flow of 50,000 gallons or more per average work day.

(b)

Has a flow greater than 5 percent of the flow carried by the

wastewater treatment system receiving the waste.

(c)

Has in its waste a toxic pollutant in toxic amounts as defined in the

standards issued under section 307(a) of PL 92-500, the Federal

Water Pollution Control Act of 1972, 33 USCA § 1317, et seq.; or

(d)

Is found by the permit issuance authority in connection with the

issuance of an NPDES permit to the publicly owned wastewater

treatment facility receiving the waste to have significant impact,

whether singly or in combination with other contributing factors,

on the wastewater treatment facility or upon the quality of effluent

from the wastewater treatment facility.

All major contributing industries shall be monitored.

(23)

“National Categorical Pretreatment Standards or Pretreatment Standards” Any federal regulation containing pollutant discharge limits promulgated

by the EPA which applies to a specific category of industrial users.

(24)

“Natural Outlet” - any outlet into a watercourse, pond, ditch, lake or other

body of surface or groundwater.

(25)

“NPDES Permit” - a permit issued pursuant to the National Pollutant

Discharge Elimination System as prescribed in PL 92-500.

(26)

“Normal Sewage” - sewage which contains not over 200 parts per million

of suspended solids and not over 300 parts per million of B.O.D. by

weight, and not over 10 parts per million of phosphorus by weight, and

which does not contain any of the materials or substances listed in 33

USCA § 1317, et seq., in excess of allowable amounts specified.

5

(27)

“Normal Strength” - sewage or wastes, the concentration of which do not

exceed BOD of 300 mg/l, SS of 200 mg/l, phosphorus of 10 mg/l, and fats,

oils, and grease 100 mg/l, which have a pH between 6.5 and 9.5 and which

do not contain a concentration of other constituents which will interfere

with the flow or the normal sewage treatment process.

(28)

“Operation and Maintenance” - all work, materials, equipment, utilities

and other efforts required to operate and maintain the wastewater

transportation and treatment system consistent with ensuring adequate

treatment of wastewater to produce an effluent in compliance with the

NPDES permit and other applicable tribal, state and federal regulations,

and includes the cost of replacement.

(29)

“Owner” - owners of record of the premises or a lesser estate, which may

or may not include ownership of the land, a mortgagee or vendee in

possession, assignee of rents, receiver, executor, trustee, lessee, or other

person, firm, partnership, association or corporation in control of a

building.

(30)

“Person” - any agent, assigns, individual, firm, company, association,

owner, partnership, society, corporation, or group using the wastewater

treatment plant or sewage collection system.

(31)

“pH” - the logarithm of the reciprocal of the weight of hydrogen ions in

grams per liter of solution. It is used to indicate the concentration of free

acid and alkali.

(32)

“PL-92-500” - the Federal Water Pollution Control Act of 1972 being

Public Law 92-500 of the 92nd Congress and adopted October 18, 1972, 33

USCA § 1251, et seq.

(33)

“Pollutant” - Any of various chemicals, substances and refuse materials

such as solid waste, sewage, garbage, sewage sludge, chemical wastes,

biological materials, radioactive materials, heat, and industrial and

agricultural wastes which impair the purity of the water or soil.

(34)

“Pollution” - the man-made or man-induced alteration of the chemical,

physical, biological, and radiological integrity of water.

(35)

“Premises” - the particular property including all buildings or other

structures, connected or to be connected to the wastewater treatment

system.

(36)

“Pretreatment or Treatment” - The reduction of the amount of pollutants,

the elimination of pollutants, or the alteration of the nature of pollutant

properties in wastewater to a less harmful state prior to or in lieu of

6

discharging or otherwise introducing the pollutants into the wastewater

treatment system. The reduction or alteration can be obtained by physical,

chemical or biological processes, or process changes, except as prohibited

by 40 CFR § 403.6(d), or other applicable law.

(37)

“Pretreatment Requirements” - any substantive or procedural requirement

for treating of a waste prior to discharge into the wastewater treatment

system, including National Categorical Pretreatment Standards.

(38)

“Private Sewer Lines” - All service lines and equipment installed or

located on any premises to and including any structure or facility which

exists on the premises for the disposal of sewage.

(39)

“Properly Shredded Garbage” - wastes from the preparation, cooking or

dispensing of food that have been shredded to such a degree that all

particles will be carried freely under the flow conditions normally

prevailing in public sewers, with no particle greater than one inch in any

dimension.

(40)

“Public Sewer” - the Hannahville Indian Community wastewater treatment

collection system.

(41)

“Replacement” - the replacement, in whole or in part, of any equipment in

the wastewater transportation or treatment systems to ensure continuous

treatment of wastewater in accordance with the NPDES permit and other

applicable tribal, state and federal regulations during the service life of the

system.

(42)

“Roof Drain” - a conduit for conveying storm or rainwater from a roof.

(43)

“Sanitary Sewage” - sewage discharging from the sanitary conveniences

of dwellings (including apartment buildings and hotels), office buildings,

factories or institutions, and permissible industrial wastes which are free

from storm and surface waters.

(44)

“Sanitary Sewer” - a sewer which carries sewage and to which storm

waters, surface waters and ground waters are not intentionally admitted.

(45)

“SBR” - a Sequencing Batch Reactor treatment facility.

(46)

“Sewage” - a combination of the water-carried wastes from residences,

business buildings, institutions and industrial and commercial

establishments, together with such nominal amounts of ground waters as

may be present, also referred to as "wastewater."

(47)

“Sewer” - a pipe or conduit used for carrying sewage.

7

(48)

“Sewage Pump Station” - a pump station, including lift stations, installed,

owned, operated and maintained by the Hannahville Indian Community or

its authorized agents as a component of the public wastewater system.

Sewage pump stations may serve individual residences or may serve

multiple connections and are utilized to lift sewage in one portion of the

sewage system to flow by gravity to another portion of the system.

(49)

“Sewer Service Charge” - the sum of applicable user charges, surcharges,

industrial cost recovery and debt service charges.

(50)

“Sewage Treatment Plant, Sewage Works, or Sewage System” - any

arrangement of equipment, devices and structures used for treating

sewage, including, without limitation, all facilities for collecting,

pumping, treating and otherwise disposing of sewage. A Sequencing

Batch Reactor treatment facility is included within the definitions of both

“Sewage Treatment Plant” and “Waste Water Treatment Plant.”

(51)

“Significant Noncompliance” - chronic violations of wastewater discharge

limits, including violations of daily maximum limits or average maximum

limits which alone or in combination with other discharges cause

interference or pass through, or any other violation or group of violations

adversely affecting the operation or implementation of the wastewater

treatment system.

(52)

“Slug Load” - Any substance released in a discharge at a rate and or

concentration which causes interference to a wastewater treatment system.

(53)

“Storm Sewer and Storm Drain” - a sewer which carries storm waters,

surface waters and drainage, but excludes sewage and polluted industrial,

toxic or hazardous wastes.

(54)

“Surcharge” - a part of the service charge; any user discharging

wastewater having a strength in excess of 300 mg/l BOD, 200 mg/l

suspended solids, or 18 mg/l phosphorus will be required to pay an

additional charge to cover the cost of treating such excess strength

wastewater.

(55)

“Surface Water” - that portion of rainfall or other precipitation which runs

off over the surface of the ground.

(56)

“Suspended Solids” - solids that either float on the surface of, or are in

suspension in water, sewage or other liquids and which are removable by

laboratory filtering.

(57)

“Tribal Council” – the governing body of the Hannahville Indian

Community, elected by its membership.

8

(58)

“User” - the kind of user connected to the wastewater treatment system,

including, but not limited to, residential, industrial, commercial,

institutional and governmental users.

(a)

(b)

(c)

“Commercial User” - an establishment involved in a commercial

enterprise, business or service which, based on a determination by

the Hannahville Indian Community Water Operations Department

or its agent, discharges primarily segregated domestic wastes or

wastes from sanitary conveniences and which is not a residential or

an industrial user. A user whose premises:

[1]

are privately owned or leased and used to perform and/or

sell services and/or products for profit (i.e. such as without

limitation, retail and wholesale stores, restaurants, motels,

hotels, gasoline stations); and

[2]

discharge primarily domestic sewage.

“Government User” - Any federal, tribal, state or local government

user of the wastewater treatment facilities. A user whose premises:

[1]

are publicly owned or leased facilities performing

government functions (i.e. such as without limitation,

government office building, post office, library, school);

and

[2]

discharge only domestic sewage.

“Industrial User” - any nongovernmental user of the wastewater

treatment system that is, or does any of the following:

[1]

discharges more than 25,000 gallons per day of sanitary

waste or a volume of process waste, or combined process

and sanitary waste, equivalent to 25,000 gallons per day of

sanitary waste. A user whose premises:

[2]

has a flow greater than 5 percent of the flow carried by the

wastewater treatment system receiving the waste.

[3]

is privately owned or leased and is used for manufacturing

a product from raw or purchased material and discharges

waste water used in any way in the manufacturing process

in addition to domestic sewage.

9

(d)

(e)

[4]

has in its waste a toxic pollutant in toxic amounts as

defined in the standards issued under section 307(a) of PL

92-500, 33 USCA § 1317 et seq.; or

[5]

is found by the permit issuance authority in connection

with the issuance of an NPDES permit to the publicly

owned wastewater treatment facility receiving the waste to

have significant impact, whether singly or in combination

with other contributing factors, on the wastewater treatment

facility or upon the quality of effluent from the wastewater

treatment facility.

“Institutional User” - any establishment involved in a social,

charitable, religious or educational function which, based on a

determination by the Hannahville Indian Community Water

Operations Department or its agent, discharges primarily

segregated domestic wastes or wastes from sanitary convenience.

A user whose premises:

[1]

are owned or leased by a nonprofit pursuant to § 501 IRC

of 1986, as amended, or are tribally owned and operated

(i.e. without limitation, churches, hospitals, clinics); and

[2]

discharges primarily domestic sewage.

“Residential User” - a user of the treatment works whose premises

or buildings are used primarily as a domicile for one or more

persons, including dwelling units as detached, semi-detached and

row houses, mobile homes, apartments or permanent multifamily

dwellings. A user whose premises:

[1]

are domiciles for single or multifamily use; and

[2]

discharges only domestic sewage.

(59)

“User Charge” - a charge based on a method calculated to distribute a

user’s share in the cost of operation and maintenance (including

replacement) of the system.

(60)

“User Surcharge” - a charge imposed on a user of the system who

discharges sewage or wastes in excess of normal conditions agreed upon

or permitted by the Hannahville Indian Community.

(61)

“UV Demand/Interference” - any compound or waste stream that

increases demand or causes interference with the disinfection processes or

equipment if discharged into the wastewater treatment system (including

10

but not limited to, dyes, excessive metals, metal salts, organic or inorganic

solutes whether in solution or as precipitates.

(62)

“Wastewater Connection Hook-up Service Fee” - a charge levied by the

Community after the date of initial operation of the system for each new

connection to the wastewater system. The fee will be based on the number

of EDU assigned to the user. EDU will be reviewed annually to determine

EDU quantity and equity of charging among users.

(63)

“Wastewater Treatment Facilities” - all facilities for collecting, pumping,

treating and disposing of sewage. A Sequencing Batch Reactor treatment

facility is included within this definition and the definitions of both

“Sewage Treatment Plant” and “Waste Water Treatment Plant.”

(64)

“Wastewater Treatment Plant” - any arrangement of devices, structures

and/or equipment used for treating sewage. A Sequencing Batch Reactor

treatment facility, including collecting pipes and pumping stations, is

included within this definition and within the definitions of both “Sewage

Treatment Plant” and “Waste Water Treatment Plant.”

(65)

“Watercourse” - a channel in which a flow of water occurs, either

continuously or intermittently.

8.1.104

Regulatory Authority.

Wastewater discharges shall be expressly subject to all provisions of this Ordinance and

such regulations as are promulgated from time to time in order to maintain a safe,

efficient, and economically feasible system. Other Agreements notwithstanding, the

Hannahville Indian Community may:

(1)

Set unit charges or a schedule of user charges and fees for the wastewater

to be discharged to the Hannahville Indian Community wastewater

collection and treatment facility.

(2)

Limit the average and maximum wastewater constituents and

characteristics.

(3)

Limit the average and maximum rate and time of discharge or make

requirements for flow regulations and equalization.

(4)

Require the installation and maintenance of inspection and sampling

facilities in regard to wastewater received from users within the

jurisdiction of the Hannahville Indian Community and in regard to

wastewater received from users located without the territorial

jurisdictional boundaries of the Hannahville Indian Community.

11

(5)

Establish specifications for monitoring programs which may include

sampling locations, frequency of sampling, number, types and standards

for tests and reporting schedule.

(6)

Establish compliance schedules.

(7)

Require submission of technical reports or discharge reports.

(8)

Require all users other than residential to maintain, retain and furnish plant

records relating to wastewater discharge.

(9)

Require prompt notification of the Community in advance of any new

introduction of wastewater constituents or any substantial change in

volume or character of the wastewater constituents being introduced into

the wastewater treatment system.

(10)

Require immediate notification of all discharges that could cause problems

to the wastewater treatment system, including slug discharges.

(11)

Require other conditions as deemed appropriate by the Community to

ensure compliance with this Ordinance.

(12)

Require waste treatment facilities, process facilities, waste streams, or

other potential waste problems to be placed under the specific supervision

and control of persons who have been certified by an appropriate tribal,

state or federal agency as properly qualified to supervise such facilities.

(13)

Require records and file reports to be maintained on the final disposal of

specific liquids, solids, sludges, oils, radioactive materials, solvents, or

other wastes.

(14)

Control through permit, order, or similar means, the contribution to the

wastewater treatment system by each user to ensure compliance with

applicable National Categorical Pretreatment Standards or Pretreatment

Requirements. The control mechanism may limit duration to a maximum

of five years, require nontransferability without appropriate prior

notification, set effluent limits, establish monitoring and reporting

requirements, and contain a statement of applicable penalties for

violations.

(15)

Adjust National Categorical Pretreatment Standards to reflect the presence

of pollutants in a user's intake water.

(16)

Set construction standards for all construction and maintenance not

provided by the Hannahville Indian Community.

12

8.1.105

Discharge Restrictions; prohibitions; penalties.

(1)

It shall be unlawful for any person to discharge, or cause to be discharged,

any stormwater, surface water, groundwater, water from footing drains,

cooling water, unpolluted industrial process waters or roof drain water to

any sanitary sewer or sewer connection, except as otherwise provided in

this Ordinance. Downspouts and roof leaders shall not be connected to the

system. In the event that natural or manmade occurrences are detrimental

to the water pollution control facilities or to the public health and welfare

of the Community, industrial wastes may be prohibited wholly, or in part,

without further notice.

(2)

Stormwater, groundwater, water from footing drains and all other

unpolluted drainage shall be discharged into sewers specifically

designated as storm sewers, or to a natural outlet, except as otherwise

provided in this Ordinance. Industrial cooling waters or unpolluted process

waters may be discharged upon application and approval of the

Community to a storm sewer or natural outlet.

(3)

Except as otherwise provided in this Ordinance, no person shall discharge,

or cause to be discharged, any of the following waters or wastes to any

public sewer:

(a)

any liquid or vapor having a temperature higher than 150 degrees

Fahrenheit (65 degrees Celsius) or lower than 32 degrees

Fahrenheit (zero degrees Celsius).

(b)

any water or waste which may contain more than 100 parts per

million by weight of fat, oil or grease.

(c)

any gasoline, benzene, naphtha, fuel oil or other flammable or

explosive liquid, solid or gas.

(d)

any garbage that has not been properly shredded.

(e)

any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,

feathers, tar, plastics, woods, manure or any other solid or viscous

substance capable of causing obstruction to flow in sewers or other

interference with the proper operation of the wastewater facilities.

(f)

any waters or wastes having corrosive properties capable of

causing drainage which is hazardous to structures, equipment and

personnel of the wastewater facility.

(g)

any waters with a pH lower than 6.5 or greater than 9.5.

13

(4)

(h)

any waters or wastes containing a toxic or poisonous substance in

sufficient quantity to injure or interfere with any sewage treatment

process, constitute a hazard to humans or animals or create any

hazard in the receiving waters or the effluent of the treatment plant.

(i)

any waters or wastes containing suspended solids of such character

and quantity that unusual attention or expense is required to handle

such materials at the wastewater treatment plant.

(j)

any noxious or malodorous gas or substance which either singly or

by interaction with other wastes is capable of creating a public

nuisance or hazard to life or of preventing entry into sewers for

maintenance and repair.

(k)

industrial wastes or any other wastes that alone or in combination

may cause a deviation from the NPDES permit requirements,

pretreatment standards or be in violation of other applicable tribal,

state or federal regulations.

(l)

any water or wastes containing phenols in excess of fifty onehundredths (0.50) parts per million.

(m)

any water or wastes containing emulsified oil or grease exceeding

an average of one hundred (100) parts per million.

(n)

any water or wastes which contain more than ten (10) parts per

million by weight of the following gases: hydrogen sulfide, sulfur

dioxide or nitrous oxide.

(o)

any liquids or vapors having a temperature higher than 90 degrees

Fahrenheit and containing fat, oil or grease.

Grease, oil and sand interceptors shall be provided when liquid wastes

contain grease in excessive amounts or other harmful ingredients, except

such interceptors shall not be required for single-family or multiple-family

dwelling units. All interceptors shall be of a type and capacity approved

by the water operations department and shall be located as to be readily

and easily accessible for cleaning and inspections. Grease and oil

interceptors shall be constructed of impervious materials capable of

withstanding abrupt and extreme changes in temperature. They shall be of

substantial construction, watertight and equipped with easily removable

covers, which, when bolted into place, shall be gastight and watertight.

Installation shall be permitted and inspected by the Hannahville Indian

Community.

14

(5)

Where installed, all grease, oil and sand interceptors shall be maintained

by the owner, at his expense, in continuously efficient operation, at all

times.

(6)

The admission into the public sewers of any waters or wastes containing

more than 300 mg/l of BOD, 200 mg/l of suspended solids or 10 mg/l of

phosphorus, or containing any quantity of substances having the

characteristics described in subsection (c) of this section, or having an

average daily flow greater than 5 percent of the average daily flow carried

by the wastewater treatment system shall be subject to review and

approval of the Community through its water operations department.

Preliminary treatment shall be provided at no expense to the Community

as may be necessary to reduce the BOD to 300 mg/l, suspended solids to

200 mg/l phosphorus to 10 mg/l or to reduce objectionable characteristics

for constituents to within the maximum limits provided for in subsection

(c) of this section, or control the quantity and rates of discharges of such

waters or wastes. A person may be required to remove, exclude or

provide pretreatment of any industrial waste, in whole or in part, for any

reasons deemed to be in the interest of the Community. Where

preliminary treatment facilities are provided for any waters or wastes, they

shall be maintained in satisfactory and effective operation by the owner, at

his expense. Plans, specifications and any other pertinent information

relating to proposed preliminary treatment facilities shall be submitted for

Community approval, and construction of any facility shall not be

commenced until such approvals are obtained in writing. The Community

may elect to treat industrial wastes discharged in excess of normal

domestic concentrations on a basis prescribed by written agreement and

for an established surcharge to cover the added cost.

(7)

The owner of any property served by a building sewer carrying industrial

wastes shall install a suitable control manhole in the building sewer to

facilitate observation, sampling and measurement of the wastes. The

manhole, when required, shall be accessibly and safely located and shall

be constructed in accordance with plans approved by the Hannahville

Indian Community. The manhole shall be installed by the owner at his

expense, and unless otherwise agreed, shall be maintained by him so as to

be safe and accessible at all times.

(8)

All measurements, tests and analyses of the characteristics of waters and

wastes to which references are made in this section shall be determined in

accordance with the Standard Methods for Examination of Water and

Wastewater and other guidelines approved by the Community and shall be

determined at the control manhole provided for in subsection (7) of this

section, or upon suitable samples taken at the control manhole. If no

special manhole has been required, the control manhole shall be

15

considered to be the nearest downstream manhole in the public sewer to

the point at which the building sewer is connected.

(9)

Nothing contained in this section shall be construed as preventing any

special agreement between the Hannahville Indian Community and an

industrial concern or other organization whereby an industrial waste of

unusual strength or character may be accepted, subject to payment by the

industrial concern, provided the agreement shall not violate NPDES

requirements and provided user charges, surcharges and industrial cost

recovery payments as provided in this Ordinance are agreed to in the

agreement.

(10)

Penalties.

8.1.106

(a)

Violations of any provision of this Ordinance may be subject to up

to $5000.00 in fines, plus costs and restitution.

(b)

Additionally, satisfaction as to any violations of any applicable

tribal, state or federal laws which cause the Hannahville Indian

Community wastewater treatment system to exceed its NPDES

permit shall be fully restitutionary in nature, and shall include such

remedies, or payment for such remedial actions as are necessary to

rectify the violation.

(c)

Nothing contained in this Ordinance shall be construed to prevent

or prohibit prosecution or civil suit pursuant to any other of the

civil or criminal laws of the Hannahville Indian Community or the

applicable laws of any other jurisdiction.

Prohibitions affecting public wastewater system; requirements for

connection.

(1)

It shall be unlawful for any person to place, deposit or permit to be

deposited in an unsanitary manner upon public or private property within

the wastewater service area, or in any area under jurisdiction of the

Hannahville Indian Community, any human or animal excrement, garbage

or other objectionable waste unless specifically permitted by the Tribal

Council by resolution, statute, regulation, permit, or policy.

(2)

It shall be unlawful for any person to discharge to any natural outlet any

sanitary sewage, industrial wastes or other polluted water, except where

suitable treatment has been provided in accordance with subsequent

provisions of this Ordinance.

(3)

Except as otherwise provided in this Ordinance, or by Tribal Council

designation, which shall be in writing, it shall be unlawful for any person

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to construct or maintain any privy, privy vault, septic tank, cesspool or

other sanitary collection facility intended or used for the disposal of

wastewater within the service area of the system. The owner of property

upon which a private sewage disposal system is located shall operate and

maintain the private sewage disposal facilities including holding tanks, in

a sanitary manner at all times, and unless otherwise agreed, at no expense

to the Hannahville Indian Community.

(4)

Where a public sanitary sewer is not available the building sewer shall be

connected to a private sewage disposal system which complies with tribal

or other applicable law, agreements and regulations.

(5)

The owner of any house, building or property which is used for human

occupancy, employment, recreation or other purposes situated within the

jurisdiction of the Hannahville Indian Community and which abuts on any

street, alley or right-of-way in which there is located a public wastewater

system may be required, at his own expense, to install suitable wastewater

facilities in the house, building or property and to connect the facilities

directly with the proper public wastewater system in accordance with the

provisions of this Ordinance. The connection shall be completed no later

than 6 months after the official notification of the need to hook up to the

public sewer or after the completion of a new structure. A house, building,

property, or structure will not be required to connect to the public sewer if

all portions of the structure are greater than 200 feet from the public

sewer.

(6)

At such times as a public wastewater treatment system becomes available

to a property served by a private sewage disposal system, and if directed to

do so by the Tribal Council, direct connection shall be made to the public

collection system in compliance with this Ordinance, and any septic tanks,

cesspools and similar private sewage disposal facilities shall be abandoned

for sanitary use, filled with suitable material and sealed, at the expense of

the owner, unless otherwise agreed.

8.1.107

(1)

Permits; connection to public wastewater system.

Permits; requirement. No sewer, drain, vault or urinal: and no sewer gas,

waste or grease traps in or about any house, building or premises in the

public wastewater treatment service area shall be connected to, or

disconnected from the public system, without a permit in writing, issued

by the Hannahville Indian Community or its authorized representative.

The proposed design, connections, construction or demolition shall

conform to tribal ordinances, regulations, and other applicable

construction and plumbing standards as adopted by the Hannahville Indian

Community. A sewer connection will not be permitted unless there is

capacity available in all downstream sewers, lift stations, force mains and

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the wastewater treatment plant, including the capacity for treatment of

BOD and suspended solids. Unless otherwise agreed, if the Community

finds it desirable to have a professional engineer review the proposed

plans, specifications, construction or demolition, such review shall be

performed at the expense of the applicant or permittee.

(a)

(b)

Contents. Permits shall be taken out in the name of the owner,

agent or person in whose interest the work is to be done, before the

work is commenced, and in no case shall such work be

commenced or continued unless such permit is on the grounds and

in the possession of the person doing the work. Each permit

application shall designate the address of the property to be

connected and shall include the following information:

[1]

Drawing of parcel showing premises and proposed building

sewer.

[2]

Description of the intended use of the premises to

determine the character and volume of wastewater to be

discharged.

[3]

Average daily wastewater flow rates, including daily,

monthly and seasonal variations. Maximum projected

future usage shall also be provided.

[4]

Number of proposed bedrooms for a residential building

and employees for a commercial or industrial connection.

[5]

Name, address, and contact information for the property

owner.

[6]

Description of type of wastewater to be discharged from

non-residential buildings.

[7]

Standard Industrial Classification (SIC) number if

applicable.

[8]

Description of intended pretreatment, if any.

Forms. Permit applications shall be made on forms provided by the

Hannahville Indian Community Water Operations Department.

Permit applications shall be submitted to the water operations

department along with all required information and any required

permit application fee.

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(2)

(c)

Connection design and construction permit fee. A connection

permit fee to design, construct and connect, shall be as determined

by the Community from time to time.

(d)

Service connection hook-up fees. Unless otherwise approved by

the Community and agreed to in writing, the wastewater service

connection hook-up fee shall be paid prior to receiving an

approved permit for design, construction and connection of the

building. The Community shall determine the amount of the

wastewater service connection hook-up fee based on information

provided in the permit application and shall issue a request for

payment of the wastewater service hook-up fee along with any

additional information necessary to finalize the permit approval.

Costs of construction and maintenance; construction; minimum

specifications.

(a)

Unauthorized persons; prohibition; permit and inspection required.

An unauthorized person shall not cover, make any connections

with or openings into, or alter or disturb the public collection

system, treatment facility, nor any appurtenance thereof without

first obtaining a written permit from the water operations

department. Building sewers and connections shall not be covered

until after they have been inspected and approved by the

Community or its authorized representative.

(b)

Installation and maintenance costs; persons responsible. All costs

and expenses incidental to the installation, connection and

maintenance of a building sewer to the public sewer shall be borne

by the owner, unless for valid business reasons a variance is

granted by the Community. The Community shall assume the cost

for repair of a sewer lateral line from the private sewer to the

public sewer only if the lateral has totally collapsed. If the water

operations department or its authorized agent digs up a lateral and

finds the sewer is not collapsed, the property owner shall pay for

all expenses or the bill shall be a lien against the property.

(c)

A separate and independent building sewer shall be provided for

every building.

(d)

Old sewer systems. Old building sewers may be used in connection

with new buildings only when they are found, on examination and

test, to meet all requirements of this Ordinance.

(e)

New construction; specifications. A newly constructed building

sewer shall be schedule 40 PVC, SDR 26 or 21 PVC pipe. Joints

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shall be tight and waterproof, and materials and joints shall be as

approved by the water operations department. Any part of a

building sewer that is located within ten feet of a water service

pipe shall be constructed of comparable material and pressure

rating to water service pipe. If installed in filled or unstable

ground, the building sewer shall be of HDPE pipe, laid on a

suitable concrete bed or cradle. Transitions or connections will be

constructed only with fabricated connection fittings approved by

the Community. All building sewers shall be laid on a sand

bedding at least 6-inches deep and shall be surrounded by sand

backfill within 6-inches of the outside of the pipe.

(f)

The size and slope of a building sewer shall be subject to the

approval of the Community, but the diameter shall not be less than

six inches. The slope of such six-inch pipe shall not be less than

one-eighth inch per foot, unless otherwise permitted.

(g)

Whenever possible, the building sewer shall be brought to the

building at an elevation below the basement floor. A building

sewer shall not be laid parallel to or within three feet of any

bearing wall, which might be weakened by such installation. The

depth of the building sewer shall be sufficient to afford protection

from frost. The building sewer shall be laid at uniform grade and

in a straight line.

(h)

In all buildings in which a portion of the building drain is too low

to permit gravity flow to the public sewer, sanitary sewage carried

by the drain shall be lifted by a sewage ejector pumping system

meeting requirements of the state plumbing code and discharged to

the building sewer. The public sewer shall include gravity flow

sanitary sewers and shall include building sewage pumps stations

when gravity sewer is not closely available. Responsibility for

planning, installation, operation, and maintenance of the sewage

ejector station shall belong to the private property owner.

(i)

When gravity sewer is not available within a distance which will

allow gravity flow in the building drains and building sewers to the

public wastewater treatment system, sewage shall be collected in a

sewage pump station installed for the specific building service

being connected. Sewage pump stations shall meet Community

requirements and shall be simplex or duplex as required to meet

specific service needs. All responsibility for purchase, installation,

electrical connection, and startup shall belong to the owner of the

premises. The Community will accept responsibility for operation

and maintenance of sewage pump stations provided by the owner

of the premises. Compatible electrical service and electrical cost

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shall be provided and paid for by the property owner. An external

electrical disconnect shall be required. Sewage pump stations and

their installation shall meet quality standards established for the

initial construction of the public system.

8.1.108

(1)

(j)

Applicants for a sewer connection permit shall notify the water

operations department when the building sewer is ready for

inspection. The water operations department or a designated

representative shall then inspect the building and plumbing

construction and if construction meets the previous requirements as

approved in the connection permit, a sewer connection approval

shall be issued, subject to the applicable previsions of other

sections of this Ordinance.

(k)

Upon approval of any sewer connection, all sewer supports, testing

of sewer, backfilling of sewer, including material and other

elements contingent on completion of installation, shall comply

with tribal and applicable state plumbing and construction codes.

(l)

When any building having a sewer is demolished a permit shall

have been first obtained. The sewer lines shall be exposed and

capped at the property line. This capping shall be accomplished

using a proper fitting or the sewer shall be plugged with a cement

plug to prevent infiltration. The cap or plug shall be inspected and

approved by an authorized representative of the Community before

it is buried.

Filing of statement of materials discharged; additional charges.

Statement required. Any industry or structure discharging unsanitary

sewage to the wastewater treatment facility or to a receiving stream of the

Community shall file the following information with the water operations

department. The water operations department may also require each

person who applies for or receives wastewater treatment services, or who

through the nature of the enterprise creates a potential environmental

problem, to file the following:

(a)

A written statement identifying the nature of the enterprise, the

source and amount of water used, the amount of water to be

discharged, and its present or expected bacterial, physical,

chemical, radioactive or other pertinent characteristic wastes.

(b)

A plan map of the building, works or complex with each outfall to

the surface waters, sanitary sewer, storm sewer, natural

watercourse or groundwaters noted and described and the

identification of the waste stream.

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(2)

(c)

Sample tests and reports shall be filed with the water operations

department and, if appropriate, state agencies on a schedule at

locations and according to methods approved by the water

operations department.

(d)

Evidence of placement of waste treatment facilities, process

facilities, waste streams or other potential waste problems under

the specific supervision and control of persons who have been

certified by an appropriate tribal, federal or state agency as

properly qualified to supervise such facilities.

(e)

A report on raw materials entering the process or support systems,

intermediate materials, final products, and waste by-products, as

such factors may affect waste control.

(f)

Records shall be maintained and reports filed on the final disposal

of specific liquids, solids, sludges, oil, radioactive materials,

solvents or other wastes.

(g)

Written notification to the water operations department, subject to

such tribal approvals as are necessary, if an industrial process is to

be altered so as to include or negate a process waste or potential

waste.

(h)

Any wastewater discharged into the sewer system which has a

substance in excess of that prescribed in this Ordinance shall be

permitted only if provided for in a special agreement and only if

the agreement provides for payment of the full cost of treating such

excess constituents in the wastewater.

Additional charges; when assessed; method of assessment.

(a)

Assessment. When suspended solids content, BOD content,

phosphorus content, or grease content exceeds the maximum

concentration of these components as allowed in this Ordinance, a

surcharge, in addition to the normal user charge, shall be assessed

by the Community.

[1]

Additional charges. If the character of the sewage of any

manufacturing or industrial plant or any other building or

premises shall be such as to impose an unreasonable burden

upon the sewers of the wastewater disposal system or the

wastewater treatment plant in excess of a maximum limit

prescribed in this Ordinance, an additional charge shall be

made over and above the regular rates, or the Community

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shall require that the sewage be treated by the responsible

person before being emptied into the sewer, or the right to

discharge the sewage shall be denied if necessary, to

protect the system or any part of the system. Required

surcharges shall be computed as the prorated share of the

annual costs of operation and maintenance, including

replacement, attributable to handling and treating the

additional quantity and/or quality of pollutants. The

surcharge shall be further based upon the present day value

of facilities and actual operation and maintenance costs

required to handle and treat the added pollutant loading.

Surcharges shall be included with each billing and shall be

adjusted annually. If any premises connected to the

wastewater disposal system discharges a large portion of

total water used into a storm sewer and not into the sanitary

sewer, all such discharges shall comply with the

requirements of tribal or applicable state and federal

agencies.

[2]

8.1.109

(1)

Laboratory testing; additional charge. There shall be an

additional charge for laboratory testing or wastewater

sampling that is performed by the water operations

department. The laboratory charge shall be the prevailing

rate for such testing as conducted by the Hannahville

Indian Community and will be determined for each user.

User rates and charges.

Operations and maintenance, replacement; debt service; monthly fee;

charges; calculation; remedies for nonpayment. Rates and charges for the

use of the Hannahville Indian Community wastewater system are

established.

(a)

Monthly treatment charges. Charges for operation, maintenance,

replacement, and debt service shall be payable monthly on the

basis of a flat rate fee which shall be adjusted annually by the

Community.

[1]

Calculation; on-reservation owners and who are

Hannahville Indian Community tribal governmental, tribal

members, tribal descendants, or other Indians who are

members of federally recognized Indian tribes who are

users. The assessed on-reservation user charge for the

above class of users for treatment shall be $xxxxxx per

month per EDU for the number of EDUs assigned by the

Community as representative of the wastewater flow from

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the premises. The Community will set the monthly rate on

an annual basis.

(b)

[2]

Calculation; on-reservation owners who are users but who

are not within the classification of users in subsection [1] of

this section. On-reservation owners who are users but who

are not within the class of users set forth in subsection [1]

of this section will be assessed appropriately and equitably

to their projected use in accordance with this Ordinance.

[3]

Calculation; off-reservation users. Off-reservation users

will be assessed appropriately and equitably to their

projected use in accordance with this Ordinance. It is

anticipated that the terms of such use will be set forth

contractually or in accord with a permit granted that is

specific to the anticipated use.

[4]

Annual review of monthly rate charge. The monthly flat

rate charge shall be subject to annual review by the

Hannahville Indian Community as the owner and

responsible party for repayment of debt associated with

construction of the system. The Community rate review

will be for costs associated with repayment of United States

Department of Agriculture-Rural Development loan,

system short lived depreciation, replacement costs and

other capital costs and administration fees reasonably

required as owner of the system.

[5]

Adjustment of EDU assignment. Any commercial,

industrial, or other connection assigned greater than 1 EDU

retains the right to request adjustment to the EDU

assignment based on demonstration of actual flow over a

one-year period. Full responsibility for demonstration of

flow including installation of water meters, collection of

meter data, calibration of meters, maintenance of meters

and summary of data shall belong to the property owner.

The Community and its representatives reserve the right to

inspect the meter installation and records and may make

such requirements as are reasonable to properly identify the

actual volume of wastewater being generated by the

premises.

New connection hook-up fee. The wastewater treatment service

connection fee for new connections to the public wastewater

treatment system shall be at a rate of $2,500.00 for each EDU

assigned by the Community.

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[1]

(c)

(3)

After completion of the initial construction of the public

wastewater treatment system, each new connection shall be

levied a one-time Wastewater Service Hook-up Fee. The

purpose of this fee will be to assist the Community in

extending and expanding the collection system to better

protect the neighboring environment. The Wastewater

Service Hook-up Fee shall be assessed to the property by

the Community and shall be paid prior to approval of a

sewer connection permit unless otherwise agreed in

writing.

Non Payment; collection of delinquent accounts, penalties, liens,

termination of service.

[1]

Late charges. A 2 percent late charge will be added to a

customer’s account if payment is not received by the due

date stated on his or her bill. This late charge will be

applied on all past due balances.

[2]

Termination of service. The Community reserves the right

to terminate a customer’s service if payment is not received

by the due date stated on the bill.

[3]

Lien against premises. Any and all charges whatsoever

related to the wastewater system under this Ordinance shall

be a personal obligation of the owner of the premises and

shall become a lien against the premises until paid. Until all

such charges are paid, the Community may at its option,

proceed by offset, personal suit, foreclose upon the lien,

special assessment, or other means that are equitable and

reasonable under the circumstances and as allowed by

applicable law. The Community may receive all related

costs of collection that are incurred by the Community in

such an action to collect delinquent accounts.

Bark River Township. The Hannahville Indian Community anticipates that

it will agree to receive and treat the wastewater from Bark River

Township. The conditions of wastewater treatment service, and system

operation and maintenance if provided by the Hannahville Indian

Community, short and long term depreciation, and short and long term

capital costs, will be established in contracts between the Township and

the Community entitled Wastewater Treatment Purchase Contract and

Wastewater Management Agreement: These contracts will describe the

basis for determination of the flat rate monthly charge per EDU, including

new connection hook-up fees in Bark River Township a part of which are

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to be receivables for the Hannahville Indian Community, and will describe

the basis for periodic adjustment for wastewater volume and increased

costs of treatment by the Community. As provided for in the Wastewater

Treatment Purchase contract with the Community, the Community will

adjust the flat rate charge per month at least as much as is required by the

Community. Fee adjustments required by the Community shall be for

costs incurred for operation, maintenance, equipment replacement, and

management of the wastewater treatment system that are attributable to the

Township’s use of the system.

(a)

8.1.110

Bark River Township, collection of rates and charges; pretreatment

requirement, costs. The rates and charges for the services furnished

by the Community’s wastewater system to Bark River Township

shall be collected by the Community under the terms of the

contract entitled Wastewater Treatment Purchase Contract. In

cases where the character of the sewage from a manufacturing or

industrial plant, building or premises is such that an unreasonable

burden is placed upon the system greater than that imposed by the

average sewage delivered to the system plant, the additional cost of

treatment created shall be an additional charge over the regular

rates set forth in this section, or the Community may, if it deems it

advisable, compel the Township to require the manufacturing or

industrial plant, building or premises to treat such sewage in such a

manner as shall be specified by the Community before discharging

such sewage into the wastewater disposal system, or the Township

shall be required to provide such treatment itself at its own

expense. In the event that neither the responsible party nor the

Township provides this treatment within a reasonable time, the

Community may elect to undertake such treatment as is reasonably

necessary to rectify the situation and may charge Bark River

Township for any costs reasonably attributable to such remedial

action.

Wastewater Treatment Facility Administration; review and audit;

insurances.

(1)

Operating year. The wastewater treatment system shall be operated on the

basis of a fiscal year commencing on October 1st and ending on September

30th.

(2)

Authority of Inspectors. Authorized employees or representatives of the

water operations department shall be permitted to enter upon all premises

for the purpose of inspection, observation, measurement, sampling and

testing. It shall be deemed a condition of a user’s permission to connect

with the wastewater treatment system that access be granted.

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(3)

Records. The water operations department shall maintain and keep proper

books of records and accounts, separate from all other records and

accounts, in which shall be made full and correct entries of all transactions

relating to the wastewater treatment system. An annual audit of the books

of record and accounts for the preceding operating year shall be made by a

recognized independent certified public accountant and will be supplied to

authorized public officials on request.

(4)

Annual review of charges. In conjunction with the audit, there shall be an

annual review of the wastewater treatment charge system to assure

adequacies in respect to meeting expected expenditures for the following

year.

(5)

Classes of users; review. Classification of old and new industrial users

shall also be reviewed annually.

(6)

Insurances. The water operations department will maintain and carry

insurance on all physical properties of the wastewater treatment system, of

all the kinds and in the amounts normally carried by public utility

companies and municipalities engaged in the operation of wastewater

disposal systems. All monies received for losses under any such insurance

policies shall be applied solely to the replacement and restoration of the

property damaged or destroyed.

8.1.111

Validity, Severability, Conflict, Liability.

(1)

The provisions of this Ordinance are severable, and if any of the

provisions, words, phrases, clauses or terms, or the application hereof to

any person, firm, or corporation, or to any circumstances, shall be held

invalid, illegal, or unconstitutional by any court of competent jurisdiction,

such decision or findings shall not in any way affect the validity, legality,

or constitutionality of any other provision, word, phrase, clause or term,

and they shall continue in full force and effect.

(2)

All rules, regulations, and provisions which have heretofore been enacted

by ordinance or otherwise, shall continue to be in full force and effect

unless modified or amended by the terms of this division. All laws and

parts of laws, all ordinances, codes and regulations which are inconsistent

with or in conflict with, or are repugnant to any provisions of this

Ordinance shall be deemed not to apply; provided that nothing herein

contained shall be construed to prevent the adoption and enforcement of

any law, ordinance, or regulation that is more restrictive or establishes a

higher standard than those provided in this Ordinance.

8.1.112

Tribal Sovereignty Retained Unless Expressly Waived.

27

Nothing contained within this Ordinance shall be construed as a waiver of the

sovereignty of the Hannahville Indian Community unless such waiver has been expressly

given.

Enacted by the Hannahville Indian Community on February 17, 2005, for immediate effect.

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