Lansing (MI) City Council Info Packet For June 27 Meeting

REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LANSING, MICHIGAN CITY COUNCIL CHAMBERS, 10TH FLOOR LANSING
CITY HALL 124 W. MICHIGAN AVENUE AGENDA FOR JUNE 27, 2011
TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL: The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. on Thursday, June 23, 2011, in accordance with Section 3-103(2) of the City Charter and will be ready for your consideration at the regular meeting of the City Council on Monday, June 27, 2011 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.
I. II. III. ROLL CALL MEDITATION AND PLEDGE OF ALLEGIANCE READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS
Approval of the Printed Council Proceedings of June 6, 2011

IV. CONSIDERATION OF LATE ITEMS
(Suspension of Council Rule #9 is needed to allow consideration of late items. Late items will be considered as part of the regular portion of the meeting to which they relate.)
TABLED ITEMS SPECIAL CEREMONIES
V. VI.
1.
City Council and Mayoral Presentation; In Recognition of City Clerk Chris Swope, recipient of the Michigan Association of Municipal Clerks City Clerk of the Year Award City Council and Mayoral Presentation; In recognition of Lansing Police Officers Nate Osborn, Jeromy Churchill, Jenni Maatman and Sergeant Guy Pace for their heroic efforts on May 26, 2011
2.
VII. VIII. IX. X. XI.
COMMENTS BY COUNCIL MEMBERS AND CITY CLERK COMMUNITY EVENT ANNOUNCEMENTS
(Time, place, purpose, or definition of
event 1 minute limit)

SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS MAYORS COMMENTS SHOW CAUSE HEARINGS
XII.
PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the
following items on the agenda: public hearings, resolutions, ordinances for introduction, and ordinances for passage. The public may comment for up to three minutes. Speakers must sign up on white form.)
A. SCHEDULED PUBLIC HEARINGS
1.
In consideration of an Ordinance of the City of Lansing, Michigan, to Amend Chapter 1046 of the Lansing Codified Ordinances by making changes approved by the Michigan Department of Environmental Quality and required by Federal Law
XIII.
COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS A. B. REFERRAL OF PUBLIC HEARINGS CONSENT AGENDA
1.
BY COUNCIL MEMBERS TINA HOUGHTON AND CAROL WOOD a. Tribute; In recognition of R.J Scheffel Memorial Toy Project, recipient of the South Lansing Business Associations 2011 Community Service Award Tribute; In recognition of Sarah King of Grounded Cleaning, recipient of the South Lansing Business Associations 2011 Business Person of the Year Award Tribute; In recognition of Ron Jones, Sr. of Edwards Photographic Studio, recipient of the South Lansing Business Associations 2011 Lifetime Achievement Award
b.
c.
2.
BY COUNCIL MEMBER ALYNNE ROBINSON a. Tribute; In Recognition of City Clerk Chris Swope, recipient of the Michigan Association of Municipal Clerks City Clerk of the Year Award
3.
BY COUNCIL MEMBER CAROL WOOD a. Tribute; In memory of Valencia Stubbs Webb
4.
BY COUNCIL MEMBER JESSICA YORKO a. b. c. Tribute; In recognition of Lansing Police Officer Nate Osborn for his heroic efforts on May 26, 2011 Tribute; In recognition of Lansing Police Officer Jeromy Churchill for his heroic efforts on May 26, 2011 Tribute; In recognition of Lansing Police Officer Jenni Maatman for her heroic efforts on May 26, 2011
d. 5.
Tribute; In recognition of Lansing Police Sergeant Guy Pace for his heroic efforts on May 26, 2011
BY THE COMMITTEE ON DEVELOPMENT AND PLANNING a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. Brownfield's Economic Development Initiative (BEDI) Grant Application Submission; Knapps Building Redevelopment 2014Approval of SLU-1-2011; 300 Frandor Avenue Wireless Communications (Cell) Tower Confirmation of Appointment of Colin Maguire to the Planning Board for an At-Large Term to Expire June 30, 2014 Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1323 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1324 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1329 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1330 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1408 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1412 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1416 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1420 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1424 Wickham Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 501 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 504 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 507 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 510 Worthington Dr.
q. r. s. t. u. v. w. x. y. z. 6.
Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 602 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 608 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 614 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 620 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 626 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 632 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 640 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 648 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 656 Worthington Dr. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 664 Worthington Dr.
BY THE COMMITTEE ON PUBLIC SAFETY a. Rescinding the orders requiring the owner(s) of property located at 1542 N. High St. to Make Safe or Demolish their property within sixty days of April 25, 2011
7.
BY THE COMMITTEE OF THE WHOLE a. b. Setting a Public Hearing for July 18, 2011 in consideration of Snow and Ice Removal Assessment for Winter 2010-11 Collective Bargaining Agreement Negotiations
C.
RESOLUTIONS FOR ACTION
1.
BY THE COMMITTEE ON WAYS AND MEANS a. b. Budget Amendment; City of Lansing Fiscal Year 2011 Budget Transfer of Funds; Park Millage Fund, Roof Repair for Womens Historical Center
D.
REPORTS FROM COUNCIL COMMITTEES
E. F.
ORDINANCES FOR INTRODUCTION and Setting of Public Hearings ORDINANCES FOR PASSAGE
1.
BY THE COMMITTEE ON PUBLIC SAFETY a. Adoption of an Ordinance of the City of Lansing, Michigan, to amend Chapter 1426, Sections 1 through 99, of the Lansing Codified Ordinances, Adoption of 1994 Edition of Uniform Mechanical Code, by adopting the most recent version of the Michigan Mechanical Code Adoption of an Ordinance of the City of Lansing, Michigan, to repeal Chapter 876 of the Lansing Codified Ordinances, which establishes a moratorium on the licensing of Medical Marihuana Establishments, to amend Sections 1268.02, 1272.02, and 1274.02 regarding F-1, H, and I zoning districts, and to add Chapter 1300 to Title 6 of Part 12 of the Lansing Codified Ordinances, terminating the moratorium on Medical Marihuana Establishments and regulating them in the F-1, H, and I Zoning Districts
b.
XIV. XV.
SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS AND PETITIONS; AND OTHER CITY RELATED MATTERS (Motion that all items be
considered as being read in full and that the proper referrals be made by the President)
1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS
a.
Letters from the City Clerk: i. ii. Providing notice of the placement on file of the Tri-County Office on Agings (TCOA) Area Plan Fiscal Year 2012 Submitting Minutes of Boards and Authorities placed on file in the City Clerks Office
b.
2.
Letter(s) from the Mayor re: i. Labor Contract Extensions
COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS
a. b.
2011 Tax Levy and Millage Reduction Fraction Computation submitted by Lansing Community College Letters from Comcast Cable providing notice of:
i.
The changing of the names of its video, Internet and voice services in Lansing to XFINITY TV, XFINITY INTERNET and XFINITY VOICE Cable Latino/MultiLatino Package changes
ii. c.
Letters regarding Medical Marihuana submitted by: i. ii. iii. iv. v. Truscott Rossman Ingham County NORML Medical Marijuana Dispensary Association Ashley Renkes of 3327 Gingersnap Ln. Alice Williams, no address given
XVI.
MOTION OF EXCUSED ABSENCE
XVII. REMARKS BY COUNCIL MEMBERS XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government
related matters are issues or topics relevant to the operation or governance of the city. The public may comment for up to three minutes. Speakers must sign up on yellow form.)
XX. ADJOURNMENT
CHRIS SWOPE, CITY CLERK
Persons with disabilities who need an accommodation to fully participate in this meeting should contact the City Clerks Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation requests.
CITY OF LANSING
NOTICE OF PUBLIC_HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, June 27, 2011 at 7:00 p.m. in the City Council Chambers, 10th Floor Lansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering an ordinance of the City of Lansing, Michigan, to Amend Chapter 1046 of the Lansing Codified Ordinances by making changes approved by the Michigan Department of Environmental Quality and required by Federal Law. For more information please call 483-4177. Interested Persons are invited to attend this Public Hearing CHRIS SWOPE, LANSING CITY CLERK
DRAFT #3 APRIL 25, 2011 1 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND
3 CHAPTER 1046 OF THE LANSING CODIFIED ORDINANCES, "INDUSTRIAL 4 WASTE AND PRETREATMENT," BY MAKING CHANGES APPROVED BY THE 5 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AND REQUIRED 6 BY FEDERAL LAW. 7 8 THE CITY OF LANSING ORDAINS: Section 1. That Chapter 1046 of the Codified Ordinances of the City of Lansing,
9 Michigan, be and is hereby amended to read as follows: 10 11 1046.01. Purpose. The purpose of this chapter is to regulate industrial waste pretreatment facilities and the
12 discharge of industrial waste into the City's publicly operated treatment works and to 13 provide for pollutant limitations, data collection, monitoring and sampling and for 14 penalties for the violation thereof for the following purposes: 15 (a) To prevent the introduction of pollutants into the City's wastewater system which 16 will interfere with the normal operation of the system or contaminate the resulting 17 Municipal sludge; 18 (b) To prevent the introduction of pollutants into the City's wastewater system which do 19 not receive adequate treatment in the publicly owned treatment works and which will 20 pass through the system into receiving waters or the atmosphere or otherwise be 21 incompatible with the system; 22 (c) To improve the opportunity to recycle and ,reclaim wastewater and sludge from the 23 system; and 24 (d) To provide for the recovery of costs from users of the publicly owned treatment 25 works for the implementation of the program established in this chapter. 26 1046.02. Definitions. 27 As used in this chapter, unless the context specifically indicates otherwise: 1 S:\Attorney_Staff\ORDINANCES\Sewer Use Ordinance\S ewer Use Ordinance 1046.011046.99 D#3 04.25.11.doc
DRAFT #3 APRIL 25, 2011 1

3
The A ct means the Federal Water Pollution Control Act, also known as the Clean Water A lternative discharge limit means a limit set by the City in lieu of the promulgated
2 Act, as amended, 33 U.S.C. 1251 et seq. 4 national categorical pretreatment standards for integrated facilities in accordance with the 5 combined waste stream formula, as set by the U.S. Environmental Protection Agency 6 (EPA).
7
A pproval authority means the administrator of the EPA until such time as the State
8 pretr tmcnt program is approved and then the Director of the State Department of 9 Natural Resources DIRECTOR OF THE MICHIGAN DEPARTMENT OF 10 ENVIRONMENTAL QUALITY (MDEQ), OR HIS/HER DULY AUTHORIZED 11 REPRESENTATIVE. 12 13 15 16 18 A uthorized representative of industrial user means: A. A principal executive officer of at least the level of vice-president, if the industrial B. A general partner or proprietor, if the individual user is a partnership or proprietorship, respectively; or B. hereof, if such representative is responsible for the overall operation of the facilities
14 user is a corporation;
17 C. A duly authorized representative of an individual designated in paragraphs (4)A. and 19 from which the indirect discharge originates OR FOR ENVIRONMENTAL MATTERS 20 OF THE COMPANY. AUTHORIZATION FOR THIS REPRESENTATIVE MUST BE 21 SUBMITTED IN WRITING TO THE CITY BY THE INDIVIDUAL DESIGNATED IN 22 A OR B ABOVE.
23
A VERA GE LIMIT MEANS THE MAXIMUM ALLOWABLE AVERAGE DAILY
24 DISCHARGE OF A POLLUTANT DURING A GIVEN TIME PERIOD AND 25 CALCULATED AS THE SUM OF ALL DAILY DISCHARGE MEASUREMENTS 26 DURING THE PERIOD DIVIDED BY THE NUMBER OF DAILY 27 MEASUREMENTS.
28
BEST MA NA GEMENT PRA CTICES OR BMPS MEAN SCHEDULES OF ACTIVITIES,
29 PROHIBITIONS OF PRACTICES, MAINTENANCE PROCEDURES, AND OTHER 30 MANAGEMENT ACTIONS. BEST MANAGEMENT PRACTICES ALSO INCLUDE
2 S :\Attorney StafflORDINANCES\Sewer Use Ordinance\S ewer Use Ordinance 1046.011046.99 D#3 04.25.1 l.doc
DRAFT #3 APRIL 25, 2011 1 TREATMENT REQUIREMENTS; OPERATING PROCEDURES; AND PRACTICES 2 TO CONTROL SITE RUNOFF, SPILLAGE OR LEAKS, SLUDGE OR WASTE 3 DISPOSAL, OR DRAINAGE FROM RAW MATERIALS STORAGE. 4 Biochemical oxygen demand or BOD means the quantity of oxygen utilized in the 5 biochemical oxidation of organic matter under standard laboratory procedure in five days 6 at twenty degrees Centigrade expressed in terms of weights and concentration 7
8
(milligrams per liter). Building sewer means a sewer conveying wastewater from the premises of a user to the Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility. Categorical standards means national categorical pretreatment standards. Chemical oxygen demand or COD means a measure of the oxygen-consuming capacity
9 POTW. 10 11 12 13
14 of inorganic and organic matter present in water or wastewater. It is expressed as the 15 amount of oxygen consumed from a chemical oxidant in a specific test. It does not 16 differentiate between stable and unstable organic matter and thus does not necessarily 17 correlate with biochemical oxygen demand. "Chemical oxygen demand" is also known as 18 OC and DOC, oxygen consumed and dichromate oxygen consumed, respectively. 19 21
22
Combined waste stream means the waste stream at industrial facilities where regulated or at the point of treatment. Compatible pollutant means a substance amenable to treatment in the wastewater
20 process effluent is mixed with other wastewater, either regulated or unregulated, prior to
23 treatment plant, such as biochemical oxygen demand, suspended solids, pH and fecal 24 coliform bacteria, plus additional pollutants identified in the NPDES permit if the 25 publicly owned pretreatment works was designed to treat such pollutants and in fact does 26 remove such pollutants to a substantial degree.
27
Composite sample means a series of samples taken over a specific time period whose volume is proportional to the flow or time in the waste str am, which samples arc SAMPLE ALIQUOTS COLLECTED SEPARATELY USING
28 29
30 A FLOW-PROPORTIONAL SAMPLING TECHNIQUE, AN ALTERNATE TIME-
3 S:\Attorney_Staff\ORDINANCES\Sewer Use Ordinance\Sewer Use Ordinance 1046.011046.99 D#3 04.25.11.doc
DRAFT #3 APRIL 25, 2011 1 BASED SAMPLING TECHNIQUE, OR A GRAB-BASED SAMPLING TECHNIQUE, 2 AND COMBINED INTO ONE SAMPLE PRIOR TO ANALYSIS. A FLOW3 PROPORTIONAL COMPOSITE SAMPLE IS ONE IN WHICH NUMEROUS 4 SAMPLE ALIQUOTS ARE COLLECTED AT A RATE DIRECTLY PROPORTIONAL 5 TO THE WASTESTREAM FLOW. AN ALTERNATE TIME-BASED SAMPLING 6 TECHNIQUE IS ONE IN WHICH NUMEROUS SAMPLE ALIQUOTS ARE 7 COLLECTED AT REGULAR TIME INTERVALS REGARDLESS OF THE 8 WASTESTREAM FLOW. AN ALTERNATE GRAB-BASED SAMPLING 9 TECHNIQUE IS ONE IN WHICH A LIMITED NUMBER OF SAMPLE ALIQUOTS 10 ARE COLLECTED AT SPECIFIC TIMES. 11 12 13 Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat. DA ILY MA X IMUM LIMIT MEANS THE MAXIMUM ALLOWABLE DISCHARGE OF
14 A POLLUTANT DURING A CALENDAR DAY. WHERE EXPRESSED IN TERMS 15 OF CONCENTRATIONS, THE DAILY DISCHARGE IS THE ARITHMETIC 16 AVERAGE OF ALL MEASUREMENTS TAKEN THAT DAY. WHERE 17 EXPRESSED IN TERMS OF MASS, THE DAILY DISCHARGE IS THE TOTAL 18 MASS DISCHARGED OVER THE COURSE OF THAT DAY. 19 21 Direct discharge means the discharge of treated or untreated wastewater directly to the Director means the Director of Public Service..-, OR HIS/HER DULY AUTHORIZED Environmental Protection A gency means the U.S. Environmental Protection Agency, its Grab sample means a sample which is taken from a waste stream on a one-time basis Holding tank waste means any waste from holding tanks such as vessels, chemical Incompatible pollutant means any pollutant which is not a compatible pollutant. 20 waters of the State. 22 REPRESENTATIVE.
23
24 administrator or another duly authorized official thereof.

25
26 with no regard to the flow in the waste stream and without consideration of time.
27
28 toilets, campers, trailers, septic tanks and vacuum-pump trucks.

29
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DRAFT #3 APRIL 25, 2011

1
Indirect discharge means the discharge or the introduction of nondomestic pollutants Industrial user means any user which discharges industrial waste. Industrial waste means the wastewater discharge from industrial, manufacturing, trade or
2 into the POTW, including holding tank waste discharged into the system.
3
5 business processes, or wastewater discharge from any structure with such characteristics, 6 as distinct from an employee's domestic waste or waste from sanitary conveniences.
7
INSTA NTA NEOUS LIMIT MEANS THE MAXIMUM CONCENTRATION OF A
8 POLLUTANT ALLOWED TO BE DISCHARGED AT ANY TIME, DETERMINED 9 FROM THE ANALYSIS OF ANY GRAB OR COMPOSITE SAMPLE COLLECTED, 10 INDEPENDENT OF THE INDUSTRIAL FLOW RATE OR DURATION OF THE 11 SAMPLING EVENT. 12 13 Integrated facilities means industrial facilities with a combined waste stream. Interference means the inhibition or disruption of the POTW treatment processes or
14 operations which contributes to a violation of any requirement of the City's NPDES 15 permit or reduces the efficiency of the POTW. "Interference" includes the prevention of 16 sewage sludge use or disposal by the POTW. 17 Laboratory determination means the measurements, tests and analyses of the 18 characteristics of water and waste in accordance with the methods contained in the latest 19 edition (at the time) of any such measurements, tests or analyses of the characteristics of 20 waters and wastes in accordance with the methods contained in 40 C.F.R. 136, as 21 amended, or in accordance with any other method prescribed by the rules and regulations 22 promulgated pursuant to this chapter.
23
National Categorical Pretreatment Standard means any Federal regulation containing category of industrial users. National Pollutant Discharge Elimination System Permit or NPDES permit means a National prohibitive discharge standard or prohibitive discharge standard means any
24 pollution discharge limits promulgated by the EPA, which regulation applies to a specific 25
26
27 permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342), as amended.
28
29 regulation developed under the authority of Section 307(b) of the Act and 40 C.F.R. 30 403.5, as amended. 5 S:\Attorney_Staff\ORDINANCES\Sewer Use Ordinance\S ewer Use Ordinance 1046.011046.99 D#3 04.25.11.doc

1
New source means any source AT WHICH, , the construction of which is commenced
2 after the publication of proposed pretreatment standards which will be applicable to such 3 source, SIGNIFICANT SITE PREPARATION FOR INSTALLATION OR ASSEMBLY 4 OF FACILITIES OR EQUIPMENT HAS BEGUN, INSTALLATION OR ASSEMBLY 5 OF FACILITIES OR EQUIPMENT HAS BEGUN, OR THE OWNER OR OPERATOR 6 HAS ENTERED INTO A BINDING CONTRACTUAL OBLIGATION, provided that: 7 A. Construction is at a site where no other point source is located; 8 B. Process or production equipment causing discharge is totally replaced due to 9 11 13 15 16 17 construction; or independent of an existing source at the same site. facilities/equipment has begun, significant site preparation has begun for installation or means the logarithm base 10 of the reciprocal of the concentration of hydrogen ions; 10 C. Production or wastewater generating processes of the facility are substantially 12 Construction is considered to have commenced when installation or assembly of 14 assembly, or the owner/operator has entered into a binding contractual obligation.
pH
expressed in grams per liter of solution. Pollutant means any various chemicals, substances or refuse materials, such as solid
18 waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, 19 radioactive materials, heat and industrial, municipal and agricultural wastes, which 20 impair the purity of water and soil. 21 Pollution means the man-made or man-induced alteration of the chemical, physical, Pretreatment or treatment means the reduction of the amount of pollutants, the 22 biological and radiological integrity of water.
23
24 elimination of pollutants, the alteration of the nature of pollutants or the alteration of the 25 nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of 26 discharging or otherwise introducing such pollutants into a POTW. The reduction or 27 alteration can be obtained by physical, chemical or biological processes, process changes 28 or other means, except as prohibited by 40 C.F.R. 403.6(d), as amended.
29
Pretreatment requirement means any substantive or procedural requirement for treating
30 a waste prior to inclusion in the POTW.
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1
Pretreatment standards means national categorical pretreatment standards or alternative discharge limits, whichever is applicable. treatment plant means that portion of the publicly owned treatment works
3 POTW
4 designed to provide treatment to wastewater.

5
Publicly owned treatment works or POTW means a treatment works as defined by
6 Section 212 of the Act (33 U.S.C. 1292), which is owned by the City. "Publicly owned 7 treatment works" includes any sewer that conveys wastewater to the POTW treatment 8 plant and any sewer that conveys wastewater to the POTW from persons outside the City 9 who are, by contract or agreement with the City, users of the City's POTW. 10 11 Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and
12 permanent loss of natural resources which can reasonably be expected to occur in the 13 absence of a bypass. Severe property damage does not mean economic loss caused by 14 delays in production. 15 Significant industrial user means: 16 A. Non-domestic user subject to categorical pretreatment standards under 40 CFR 403 17 (1992) and 40 CFR chapter 1, subchapter N (1990). 18 B. A non-domestic user to which one of the following provisions applies: 19 1. The user discharges an average of 25,000 gallons per day or more of process 20 wastewater to the publicly owned treatment works, excluding sanitary, non-contact 21 cooling, and boiler blowdown wastewater; 22 2. The user contributes a process wastestream that makes up 5% or more of the average 23 dry weather hydraulic or organic capacity of the publicly owned treatment works; 24 3. The user is designated as a significant industrial user by the control authority on the 25 basis that the user has a reasonable potential for adversely affecting the publicly owned 26 treatment works' operation or for violating any pretreatment standard or requirement.
27
Significant violation means one or more of the following:
28 A. Chronic violation of wastewater discharge limits, defined here as when sixty-six 29 percent or more of all the measurements for a pollutant parameter taken during a six-
DRAFT #3 APRIL 25, 2011 1 month period exceed by any magnitude the corresponding daily maximum limit, erthe corresponding average limit;, OR INSTANTANEOUS LIMIT. B. Technical review criteria (TRC) violation of wastewater discharge limits, defined 4 here as when thirty-three percent or more of all the measurements for a pollutant 5 parameter taken during a six-month period equal or exceed the product of the 6 corresponding daily maximum limit multiplied by the applicable TRC factor, or the 7 product of the corresponding average limit multiplied by the applicable TRC factor.-, OR 8 THE PRODUCT OF THE CORRESPONDING INSTANTANEOUS LIMIT 9 MULTIPLIED BY THE APPLICABLE TRC FACTOR. (TRC factor + 1.4 for BOD, 10 TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); 11 C. Any other violation of a daily maximum limit, er an average limit, OR AN 12 INSTANTANEOUS LIMIT that the director determines has alone or in combination with 13 other discharges caused interference or pass through, including endangering the health of 14 POTW personnel or the general public; 15 D. Any discharge of a pollutant that has caused imminent endangerment to human 16 health, public welfare or the environment, or has resulted in the POTW exercising its 17 emergency authority to halt or prevent such a discharge; 18 E. Failure to meet, within ninety days after the schedule date, a compliance schedule 19 milestone contained in a City-issued discharge permit or enforcement order for starting 20 construction, completing construction or attaining final compliance; 21 F. Failure to provide, within thirty days after the due date, required reports such as 22 baseline monitoring reports, ninety day compliance reports and/or reports on compliance 23 with compliance schedules; 24 G. Failure to accurately report noncompliance; and 25 H. Any other violation or group of violations, INCLUDING VIOLATIONS OF BMPS 26 which the Director determines are adversely affecting the operation or implementation of 27 the City's pretreatment program.
28 Slug load DISCHA RGE m ns any substance released in a discharge at a ratio and/or
29 concentration which causes interference to a POTW MEANS ANY DISCHARGE OF A 30 NON-ROUTINE EPISODIC NATURE, INCLUDING AN ACCIDENTAL SPILL OR
DRAFT #3 APRIL 25, 2011 1 NON-CUSTOMARY SINGLE DISCHARGE, WHICH HAS A REASONABLE POTENTIAL TO CAUSE INTERFERENCE OR PASS-THROUGH AT THE POTW 3 OR IN ANY OTHER WAY VIOLATES THE POTW REGULATIONS, LOCAL 4 LIMITS, OR PERMIT CONDITIONS.
5
Standard industrial classification means a classification pursuant to the Standard
6 Industrial Classification Manual issued by the Executive Office of the President, Office 7 of Management and Budget, 1972.
8
Storm water means any flow occurring during or following any form of natural Superintendent means the person designated by the City to supervise the operation of the publicly owned treatment works, who is charged with certain duties and responsibilities Surcharge means that part of the service charge that any customer discharging
9 precipitation and resulting therefrom. 10 11 13
12 by this chapter, or his or her duly authorized representative. 14 wastewater having strength in excess of limits set forth by the City may be required to 15 pay as an additional charge to cover the cost of treatment of such excess strength 16 wastewater. 17 19
20
Suspended solids means the total suspended matter that floats on the surface of, or is laboratory filtering. TOTA L PHENOLS INCLUDES THE FOLLOWING PHENOLIC COMPOUNDS: 2-
18 suspended in, water, wastewater or other liquids, which matter is removable by
21 CHLOROPHENOL, 4-CHLOROPHENOL, 2,4-DICHLOROPHENOL, 2,422 DIMETHYLPHENOL, 2,4-DINITROPHENOL, 2-METHYLPHENOL, 323 METHYLPHENOL, 4-METHYLPHENOL, 2-NITROPHENOL, 4-NITROPHENOL, 24 AND PHENAL. DISCHARGE OF OTHER PHENOLIC COMPOUNDS IS 25 PROHIBITED WITHOUT SPECIFIC APPROVAL OF THE DIRECTOR.
26 Toxic pollutant means any pollutant or combination of pollutants which is or can
27 potentially be harmful to the public health or the environment, including those pollutants 28 listed as toxic in regulations promulgated by the Administrator of the EPA under the 29 provisions of CWA 307(a), as amended, or other acts.
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1 UPSET MEANS AN EXCEPTIONAL INCIDENT IN WHICH THERE IS AN
2 UNINTENTIONAL AND TEMPORARY NONCOMPLIANCE WITH 3 PRETREATMENT STANDARDS AND REQUIREMENTS BECAUSE OF FACTORS 4 BEYOND THE REASONABLE CONTROL OF THE USER. AN UPSET DOES NOT 5 INCLUDE NONCOMPLIANCE CAUSED BY IMPROPER OR CARELESS 6 OPERATION, IMPROPERLY DESIGNED OR INADEQUATE TREATMENT 7 FACILITIES, OR LACK OF PREVENTIVE MAINTENANCE.
8 User means any person who contributes, or causes or permits the contribution of,
9 wastewater into the POTW.

10 W astewater means liquid and water-carried industrial or domestic wastes from
11
dwellings, commercial buildings, industrial facilities and institutions, together with any
12 groundwater, surface water and storm water that may be present, whether treated or 13 untreated, which is contributed into or permitted to enter the POTW. 14 15
W aters of the State means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other
16 bodies or accumulations of water, surface or underground, natural or artificial, public or 17 private, which are contained within, flow through or border upon the State or any portion 18 thereof 19 1046.03. Abbreviations. 20 In addition to the abbreviations listed in Section 1046.02, the following abbreviations 21 have the meanings designated herein: 22 TABLE INSET: 23 CFR Code of Federal Regulations
1 mg mg/1 -
Liter Milligrams Milligrams per liter
DRAFT #3 APRIL 25, 2011 LB/DAY MDNR MDEQ POUNDS PER DAY Michigan Department of Natural Rcsourccs ENVIRONMENTAL QUALITY USEPA SIC U.S. ENVIRONMENTAL PROTECTION AGENCY Standard Industrial Classification
SWDA
Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., as amended
TSS
Total suspended solids
USC
United States Code
O&M
Operation and maintenance
CWA 1 2 3 4
Clean Water Act.
1046.04. General discharge prohibitions. (a) No user shall contribute or cause to be contributed, directly or indirectly, any
5 pollutant or wastewater which will interfere with the operation or the performance of the 6 POTW, including the following substances: 7 8 (1) Any liquid, solid or gas which, by reason of its nature or quantity, is or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion
9 or be injurious in any other way to the POTW or to the operation of the POTW, 10 including, but not limited to, waste streams with a closed cup flashpoint of less than 140 11 degrees Fahrenheit; 11 S :\Attorney StafflORDINANCES\Sewer Use Ordinance\Sewer Use Ordinance 1046.011046.99 D#3 04.25.11.doc
DRAFT #3 APRIL 25, 2011 1 (2) Any solid or viscous substance which may cause obstruction to the flow in a sewer 2 or other interference with the operation of the wastewater treatment facilities, 3 INCLUDING ANY WASTEWATER OR SUBSTANCE CONTAINING, IN ANY 4 GRAB SAMPLE, POLAR (FOOD-BASED) OIL AND GREASE ABOVE 400 MG/L; 5 (3) Any wastewater having a pH less than 5.5 or greater than 10.5, or wastewater having 6 any other corrosive property capable of causing damage or hazard to structures, 7 equipment or personnel of the POTW; 8 (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by 9 interaction with other pollutants, to injure or interfere with any wastewater treatment 10 process, constitute a hazard to humans or animals, create a toxic effect in the receiving 11 waters of the POTW or exceed the limitation set forth in a categorical pretreatment 12 standard; 13 (5) Any noxious or malodorous liquid, gas or solid which, either singly or by interaction 14 with other wastes, is sufficient to create a public nuisance or hazard to life or to prevent 15 entry into the sewers for maintenance and repair, or which results in the presence of toxic 16 gases, vapors or fumes within the POTW in a quantity that may cause acute worker 17 health and safety problems; 18 (6) Any substance which may cause the POTW effluent or any other product of the 19 POTW (such as residues, sludges or scums) to be unsuitable for reclamation and re-use or 20 to interfere with the reclamation process; 21 (7) Any substance which will cause the POTW to violate its NPDES permit or the 22 receiving water quality standards; 23 (8) Any wastewater with objectionable color not removed in the treatment process, such 24 as, but not limited to, dye wastes and vegetable tanning solutions; 25 (9) Any wastewater having a temperature which will inhibit biological activity in the 26 POTW resulting in interference, but in no case wastewater with a temperature at the 27 introduction into the POTW which exceeds forty-three degrees Centigrade or 110 degrees 28 Fahrenheit; 29 (10) Any pollutants, including oxygen-demanding pollutants released at a flow rate 30 and/or pollutant concentration which will cause interference to the POTW;
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DRAFT #3 APRIL 25, 2011 1 3 (11) Any wastewater containing any radioactive waste or isotope of such half life or compliance with applicable State or Federal regulations;
2 concentration as may exceed limits established by the Director of Public Service in 4 (12) Any wastewater which causes a hazard to human life or creates a public nuisance; 5 (13) Any wastewater or substance containing polychlorinated biphenyl (PCB); and 6 (14) Any trucked or hauled wastewater, except at designated points as specifically 7 permitted by the City. 8 9 (b) In addition to the requirements of subsection (a), petroleum, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or
10 pass-through shall not be introduced into the POTW. THIS INCLUDES ANY 11 WASTEWATER OR SUBSTANCE CONTAINING, IN ANY GRAB SAMPLE, 12 NONPOLAR (PETROLEUM-BASED) OIL AND GREASE ABOVE 100 MG/L. 13 (c) A nondomestic user shall have an affirmative defense in any action brought against it 14 alleging a violation of general prohibitions in subsectionS (a) AND (B) HEREOF, and 15 the specific prohibitions in SECTION 1046.06 subsection (b)2., 9. and 10. of this section 16 if the user can demonstrate both of the following: 17 (1) It did not know or have reason to know that its discharge, alone or in conjunction 18 with a discharge or discharges from other sources, would cause pass-through or 19 21 23 interference; each pollutant in the user's discharge that caused pass-through or interference, and the or interference, or if a local limit designed to prevent pass-through or interference has not 20 (2) A local limit designed to prevent pass-through or interference was developed for 22 user was in compliance with each local limit directly before and during the pass-through 24 been developed for the pollutant that caused the pass-through or interference, the user's 25 discharge directly before and during the pass-through or interference did not change 26 substantially in nature or constituents from the user's prior discharge activity when the 27 POTW was regularly in compliance with its NPDES permit requirements and, in the case 28 of interference, applicable requirements for sewage sludge use and disposal.
DRAFT #3 APRIL 25, 2011 1 (d) SubsectionS (a) AND (B) hereof applicsY to all NONDOMESTIC users of the POTW, whether or not the user is subject to the national categorical pretreatment 3 4 6 standards or any other national, State or local pretreatment standards or requirements. 1046.05. Conflict of laws; notification of users. discharge limits for a particular industrial subcategory, the pretreatment standard, if more
5 (a) Upon the promulgation of national categorical pretreatment standards or alternative 7 stringent than limitations imposed under this chapter for sources in such subcategory, 8 shall immediately supersede the limitations imposed under this chapter and shall be 9 11 13 15 16 considered part of this chapter. The Director of Public Service shall notify all affected (b) State requirements and limitations on discharges shall apply in any case where they (c) The City reserves the right to establish by ordinance more stringent limitations or comply with the objectives set forth in Section 1046.01. 1046.06. Specific pollutant limitations. 10 users of the applicable reporting requirements. 12 are more stringent than Federal requirements and limitations or those in this chapter. 14 requirements on discharges to the wastewater disposal system if deemed necessary to
17 (a) TOXIC POLLUTANT LOCAL LIMITS. UNLESS SPECIFICALLY 18 AUTHORIZED PURSUANT TO SUBSECTION (D) HEREOF, Ne-persen NO USER 19 shall discharge WASTEWATER CONTAINING IN EXCESS OF THE FOLLOWING 20 CONCENTRATIONS IN on a twenty-four hour composite basis SAMPLE (except FOR 21 22 23 24 cyanides, BENZENE, TOLUENE, ETHYLBENZENE, XYLENES, oil and g- use, and phenols that will be FOR WHICH THE CONCENTRATIONS APPLY TO A grab SAMPLE) containing in cxccss of: (1) 0.5.18 mg/1 arsenic;
25 (2) 4,0 .27 mg/1 cadmium; 26 (3) 3.9 mg/1 total chromium; 27 (1) 0/1 mg/l hcxavalcnt chromium; 28 29 30 (5) (4) 1.6 mg/1 copper; (-63 (5) 4,5.15 mg/l cyanide;
6 (6) 3.6 1.8 mg/1 lead; 1-)

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DRAFT #3 APRIL 25, 2011 1 3 4 5 6 7 8 9 (7) NON-DETECTABLE MERCURY*; (8) 2.8 2.0 mg/1 nickel; (9) 076 0.22 mg/1 selenium; (10) 1.0 0.030 mg/1 silver; (11) 2.9 mg/l zinc; (12) 4.1 mg/1 total phenols; (13) 100 mg/l oil and gr use. 0.050 MG/L BENZENE (14) 0.050 MG/L TOLUENE (15) 0.050 MG/L ETHYLBENZENE
10 (16) 0.050 ,G/L TOTAL XYLENES 11 *DISCHARGE OF DETECTABLE MERCURY SHALL BE PROHIBITED EXCEPT 12 AS ALLOWED PURSUANT TO SUBSECTION (C) HEREOF. SAMPLING 13 PROCEDURES, PRESERVATION AND HANDLING, AND ANALYTICAL 14 PROTOCAL FOR COMPLIANCE MONITORING SHALL BE IN ACCORDANCE 15 WITH USEPA 245.1 OR EQUIVALENT, UNLESS THE CITY REQUIRES METHOD 16 1631. DETECTION LEVELS SHALL BE 0.0002 MG/L FOR METHOD 245.1 AND 17 0.0000005 MG/L FOR METHOD 1631, UNLESS HIGHER LEVELS ARE 18 APPROPRIATE DUE TO DEMONSTRATED SAMPLE MATRIX INTERFERENCE. 19 FOR METHOD 245.1, THE LIMIT SHALL APPLY FOR ANY ONE DAILY 20 COMPOSITE SAMPLE. FOR METHOD 1631, THE LIMIT SHALL APPLY FOR 21 THE AVERAGE OF ALL GRAB SAMPLES UNIFORMLY COLLECTED OVER 22 ANY ONE CALENDAR DAY, OR FOR A SINGLE GRAB SAMPLE IF NO 23 ADDITIONAL GRAB SAMPLES ARE UNIFORMLY COLLECTED OVER THAT 24 SAME CALENDAR DAY. 25 (b) No person shall discharge, on a twenty four hour composite basis, wastewater 26 containing in excess of fifty ug/l combined total of benzene, cthylbenzcnc, toluene and 27 xylcnc (btex) from a petroleum fuel groundwater cl an up site. COMPATIBLE 28 POLLUTANT LOCAL LIMITS. UNLESS SPECIFICALLY AUTHORIZED 29 PURSUANT TO SUBSECTION (D) HEREOF, NO USER SHALL DISCHARGE
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DRAFT #3 APRIL 25, 2011 1 WASTEWATER CONTAINING IN EXCESS OF THE FOLLOWING 2 CONCENTRATIONS IN A 24-HOUR COMPOSITE SAMPLE: 3 (1) 1600 MG/L BOD 4 (2) 2,500 MG/L TOTAL SUSPENDED SOLIDS 5 (3) 44 MG/L TOTAL PHOSPHORUS 6 (4) 37 MG/L AMMONIA NITROGEN 7 (c) Discharge of detectable mercury shall be prohibited except as follows: ach 8 9 implement the approved mercury minimization plan. The plan must provide measures to 10 reduce to the maximum extent possible and/or eliminate detectable mercury from the 11 contributor's discharge. discharge control mechanism and shall be subject to enforcement action up to and including termination of service for non compliance. 12 The mercury minimization plan shall become an enforceable condition of the sewer user's
determines arc all reasonable and cost effective actions based on economic, technical, and tr atability considerations. DETECTABLE MERCURY MAY BE DISCHARGED ONLY WHERE SPECIFICALLY APPROVED AND PERMITTED BY THE DIRECTOR PURSUANT TO THE FOLLOWING CONDITIONS: (1) EACH USER DISCHARGING DETECTABLE MERCURY SHALL HAVE A CITY-ACCESSIBLE POINT FOR MONITORING THE NET NON-DOMESTIC EFFLUENT. ALL COSTS FOR INSTALLATION OF THIS MONITORING POINT SHALL BE THE USER'S RESPONSIBILITY. (2) EACH USER DISCHARGING DETECTABLE MERCURY SHALL SELFMONITOR ITS EFFLUENT FOR MERCURY USING REPRESENTATIVE SAMPLES COLLECTED OVER THE PERIOD OF NORMAL DISCHARGE AND TESTS CONDUCTED IN ACCORDANCE WITH THE CITY-REQUIRED METHOD, AT A FREQUENCY TO BE ESTABLISHED BY THE DIRECTOR. WHILE THE USER MAY CONTRACT WITH THE CITY OR AN OUTSIDE
DRAFT #3 APRIL 25, 2011 1 CONSULTANT/LABORATORY TO CONDUCT THIS SAMPLING AND ANALYTICAL TESTING, ALL ASSOCIATED COSTS SHALL BE THE USER'S 3 RESPONSIBILITY. 4 (3) AT ITS DISCRETION, THE CITY MAY COLLECT ADDITIONAL SAMPLES 5 FROM EACH USER DISCHARGING DETECTABLE MERCURY. IF THE USER 6 CONTRACTS WITH AN OUTSIDE CONSULTANT/LABORATORY TO PERFORM 7 THE SELF MONITORING, THE CITY WILL PERFORM SURVEILLANCE 8 SAMPLING AT LEAST ANNUALLY. IF THE USER CONTRACTS WITH THE 9 CITY TO PERFORM THE SELF MONITORING, THIS ANNUAL SURVEILLANCE 10 REQUIREMENT MAY BE WAIVED. 11 (4) EACH USER DISCHARGING DETECTABLE MERCURY SHALL DEVELOP 12 AND IMPLEMENT A MERCURY MINIMIZATION PROGRAM TO ESTABLISH 13 ACTIONS AND SCHEDULE COMMITMENTS FOR REDUCING MERCURY 14 ENTERING THE COLLECTION SYSTEM. A PROGRAM PLAN, WHICH SHALL 15 BE SUBMITTED TO THE CITY FOR REVIEW AND CONCURRENCE, SHALL 16 ADDRESS THE FOLLOWING AT A MINIMUM: 17 (i) TREATMENT SYSTEM FOR REMOVAL OF MERCURY FROM THE 18 DISCHARGED WASTEWATER; 19 (ii) WRITTEN PROCEDURES FOR HANDLING AND DISPOSAL OF MERCURY20 CONTAINING MATERIALS; 21 (iii) NEW EMPLOYEE TRAINING, AND REFRESHER TRAINING FOR CURRENT 22 EMPLOYEES; 23 (iv) REVIEW, AND ELIMINATION WHERE FEASIBLE, OF PURCHASED 24 MATERIALS CONTAINING MERCURY; AND 25 (v) OTHER ACTIVITIES AS DEEMED APPROPRIATE BY THE USER OR 26 REQUIRED BY THE DIRECTOR. 27 (5) THE MERCURY MINIMIZATION PLAN SHALL BE CONSIDERED AN 28 ENFORCEABLE CONDITION OF THE ASSOCIATED PERMIT OR ORDER. 29 FAILURE TO COMPLY WITH THESE CONDITIONS MAY RESULT IN
DRAFT #3 APRIL 25, 2011 1 ESCALATED ENFORCEMENT RESPONSE INCLUDING FINES, LEGAL ACTION, 2 AND TERMINATION OF SEWER SERVICES. 3 IF THE DIRECTOR DETERMINES THAT ALL REASONABLE COST-EFFECTIVE 4 ACTIONS BASED ON ECONOMIC, TECHNICAL, AND TREATABILITY 5 CONSIDERATIONS HAVE BEEN IMPLEMENTED, A DISCHARGE CONTAINING 6 DETECTABLE MERCURY MAY BE APPROVED CONTINGENT ON 7 CONTINUATION OF THE SELF-MONITORING PROGRAM AND THE MERCURY 8 MINIMIZATION PROGRAM. THIS APPROVAL SHALL BE CONSIDERED 9 TEMPORARY, AND THE DIRECTOR HAS THE RIGHT TO REJECT THIS 10 APPROVAL AND PROHIBIT DETECTABLE MERCURY FROM ANY 11 DISCHARGER AT ANY TIME AND FOR ANY REASON DEEMED 12 APPROPRIATE. 13 (D) SPECIAL ALLOCATION LIMITS. FOR ANY DISCHARGE THAT WOULD 14 OTHERWISE BE PROHIBITED BY SUBSECTIONS (A) OR (B) HEREOF, A 15 SPECIAL ALLOCATION LIMIT (SAL) MAY BE GRANTED BY USER PERMIT OR 16 ADMINISTRATIVE ORDER FOR ANY POLLUTANT OTHER THAN MERCURY. 17 (1) THE FOLLOWING GENERAL CONDITIONS SHALL APPLY TO ALL SALS: 18 (i) SHALL BE MADE AT THE SOLE DISCRETION AND PRIOR APPROVAL OF 19 THE DIRECTOR. 20 (ii) MAY BE IMPLEMENTED AS DAILY MAXIMUM LIMITS FOR A COMPOSITE 21 SAMPLE (OR A GRAB SAMPLE FOR CYANIDES, BENZENE, TOLUENE, ETHYL 22 BENZENE, XYLENES, AND TOTAL PHENOLS) OR INSTANTANEOUS LIMITS 23 FOR ANY SAMPLE. 24 (iii) MAY BE TERMINATED OR MODIFIED AT ANY TIME BY THE DIRECTOR. 25 (iv) SHALL CREATE NO RIGHTS WHICH THE USER WOULD NOT OTHERWISE 26 HAVE. 27 (v) SHALL REQUIRE THE USER TO SIGN AN ACCEPTANCE OF THE 28 PROVISIONS OF THIS SUBSECTION AND ANY SPECIAL ARRANGEMENT 29 PROVISIONS AS A CONDITION PRECEDENT TO THE GRANTING OF A SAL.
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(vi) MAY BE ESTABLISHED BY CALCULATIONS BASED ON CURRENT USER

DISCHARGE DATA OR BY ARBITRARY ASSIGNMENT USING BEST
3 AVAILABLE TECHNOLOGY, PROFESSIONAL JUDGEMENT, AND/OR LOCAL 4 ECONOMIC POLICY DECISIONS. 5
(vii) SHALL APPLY APPROPRIATE MAXIMUM DAILY FLOWS ESTABLISHED
6 USING WATER METER, BATCH DISCHARGE, AND/OR EFFLUENT FLOW 7 METER RECORDS. ANY USER PERMIT OR ORDER CONTAINING A SAL 8 SHALL CONTAIN A FLOW LIMIT CORRESPONDING TO THE SPECIFIC VALUE 9 ON WHICH THE SAL WAS ESTABLISHED, AND ALSO SHALL CONTAIN A
10
REQUIREMENT TO ACCURATELY COLLECT AND REPORT ACTUAL
11 DISCHARGE FLOWS. 12
(viii) MAY TAKE INTO ACCOUNT REASONABLE COST OF TREATMENT TO (ix) SHALL NOT BE LESS RESTRICTIVE THAN ANY APPLICABLE (x) MAY BE USED AS THE DISCHARGE CONCENTRATION BASIS FOR
13 AVOID UNDUE HARDSHIP FOR THE AFFECTED USER. 14
15 CATEGORICAL STANDARDS, BUT MAY BE MORE RESTRICTIVE. 16
17 CALCULATING EXTRA STRENGTH SURCHARGES FOR COMPATIBLE 18 POLLUTANTS. 19
(xi) MAY CONTAIN ASSOCIATED SPECIAL ARRANGEMENT PROVISIONS,
20 SUCH AS THE USER TO PAY A COMPENSATORY CHARGE TO THE CITY OR 21 CONDITIONS RELATING TO TERMINATION OR MODIFICATION OF THE SAL. 22
(xii) SHALL PROTECT THE ENVIRONMENT, HUMAN HEALTH AND SAFETY,
23 PUBLIC AND PRIVATE PROPERTY, AS WELL AS WELFARE OF THE GENERAL 24 COMMUNITY 25 (2) SALS AND ASSOCIATED SPECIAL ARRANGEMENT PROVISIONS SHALL 26 BE CONSIDERED PRETREATMENT STANDARDS AND REQUIREMENTS FOR 27 COMPLIANCE PURPOSES. 28 (3) MA X IMUM A LLOW A BLE HEA D W ORKS LOA DINGS FOR TOX IC POLLUTA NTS.
29 THE TOTAL MASS OF TOXIC POLLUTANTS ALLOCATED BY THE CITY TO 30 BACKGROUND SOURCES INCLUDING INDUSTRIAL USERS THAT ARE NOT
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DRAFT #3 APRIL 25, 2011 1 SIGNIFICANT, SIGNIFICANT INDUSTRIAL USERS, TRUCKED WASTES INCLUDING SEPTAGE, AND SALS SHALL NOT EXCEED NINETY (90) 3 PERCENT OF THE FOLLOWING IN THE AGGREGATE: 4 (i) 2.55 LB/DAY ARSENIC 5 (ii) 3.55 LB/DAY CADMIUM 6 (iii) 229 LB/DAY TOTAL CHROMIUM 7 (iv) 84.0 LB/DAY COPPER 8 (v) 2.16 LB/DAY CYANIDE 9 (vi) 24.2 LB/DAY LEAD 10 (vii) 2.17x 1e LB/DAY MERCURY 11 (viii) 26.0 LB/DAY NICKEL 12 (ix) 2.98 LB/DAY SELENIUM 13 (x) 0.721 LB/DAY SILVER 14 (xi) 115 LB/DAY ZINC 15 (xii) 122 LB/DAY TOTAL PHENOLS 16 (xiii) 237 LB/DAY BENZENE 17 (xiv) 411 LB/DAY TOLUENE 18 (xv) 142 LB/DAY ETHYLBENZENE 19 (xvi) 20.7 LB/DAY TOTAL XYLENES 20 (4) MA X IMUM A LLOW A BLE HEA D W ORKS LOA DINGS FOR COMPA TIBLE
21 POLLUTA NTS. THE TOTAL MASS OF COMPATIBLE POLLUTANTS 22 ALLOCATED BY THE CITY TO BACKGROUND SOURCES INCLUDING 23 INDUSTRIAL USERS THAT ARE NOT SIGNIFICANT, SIGNIFICANT 24 INDUSTRIAL USERS, TRUCKED WASTES INCLUDING SEPTAGE, AND SALS 25 SHALL NOT EXCEED NINETY (90) PERCENT OF THE FOLLOWING IN THE 26 AGGREGATE: 27 (i) 58,400 LB/DAY BOD 28 (ii) 70,100 LB/DAY TOTAL SUSPENDED SOLIDS 29 (iii) 1,540 LB/DAY TOTAL PHOSPHORUS 30 (iv) 4,380 LB/DAY AMMONIA NITROGEN
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DRAFT #3 APRIL 25, 2011 1 (5) MA X IMUM A LLOW A BLE IND USTRIA L LOA DINGS FOR TOX IC POLLUTA NTS. THE TOTAL MASS OF TOXIC POLLUTANTS ALLOCATED BY THE CITY TO 3 SIGNIFICANT INDUSTRIAL USERS, TRUCKED WASTES INCLUDING 4 SEPTAGE, AND SALS SHALL NOT EXCEED THE FOLLOWING IN THE 5 AGGREGATE: 6 (i) 2.10 LB/DAY ARSENIC 7 (ii) 3.18 LB/DAY CADMIUM 8 (iii) 206 LB/DAY TOTAL CHROMIUM 9 (iv) 67.5 LB/DAY COPPER 10 (v) 1.78 LB/DAY CYANIDE 11 (vi) 21.6 LB/DAY LEAD 12 (vii) 1.95x10 -4 LB/DAY MERCURY (SAL NOT APPLICABLE) 13 (viii) 23.4 LB/DAY NICKEL 14 (ix) 2.57 LB/DAY SELENIUM 15 (x) 0.357 LB/DAY SILVER 16 (xi) 96.7 LB/DAY ZINC 17 (xii) 78.0 LB/DAY TOTAL PHENOLS 18 (xiii) 24.0 LB/DAY BENZENE 19 (xiv) 40.4 LB/DAY TOLUENE 20 (xv) 14.0 LB/DAY ETHYLBENZENE 21 (xvi) 2.10 LB/DAY TOTAL YXLENES 22 (6) MA X IMUM A LLOW A BLE INDUSTRIA L LOA DINGS FOR COMPA TIBLE 23 POLLUTA NTS. THE TOTAL MASS OF COMPATIBLE POLLUTANTS 24 ALLOCATED BY THE CITY TO SIGNIFICANT INDUSTRIAL USERS, TRUCKED 25 WASTES INCLUDING SEPTAGE, AND SALS SHALL NOT EXCEED THE 26 FOLLOWING IN THE AGGREGATE: 27 (i) 32,100 LB/DAY BOD 28 (ii) 40,500 LB/DAY TOTAL SUSPENDED SOLIDS 29 (iii) 701 LB/DAY TOTAL PHOSPHORUS 30 (iv) 432 LB/DAY AMMONIA NITROGEN
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(7) COLLECTION SY STEM LIMITA TIONS. NO CONCENTRATION-BASED SAL,
2 OR EQUIVALENT CONCENTRATION OF ANY MASS-BASED SAL, SHALL 3 EXCEED THE FOLLOWING: 4 (i) 2.0 MG/L CYANIDES 5 (ii) 830 MG/L TOTAL PHENOLS 6 (iii) '0.64 MG/L BENZENE 7 (iv) 5.2 MG/L TOLUENE 8 (v) 7.3 MG/L ETHYLBENZENE 9 (vi) 11.0 MG/L TOTAL XYLENES 10
(e) LOCA L INITIA TIV E LIMITS. THE DIRECTOR MAY IMPOSE A LOCAL
11 INITIATIVE LIMIT (LIL) IN A USER PERMIT OR ORDER FOR ANY POLLUTANT 12 NOT SPECIFICALLY REGULATED IN THIS CHAPTER. IN DETERMINING A 13 LIL, THE CITY SHALL EVALUATE THE ACCEPTABLE POLLUTANT LOADING 14 BASED ON THE POTW DESIGN, TREATABILITY OF THE POLLUTANT, 15 POTENTIAL FOR PASS-THROUGH OR INTERFERENCE, CURRENT POTW 16 POLLUTANT LOADING, SPECIFIC PHYSICAL AND CHEMICAL PROPERTIES 17 OF THE POLLUTANT, AND OTHER RELEVANT FACTORS DEEMED 18 APPROPRIATE BY THE DIRECTOR. EACH LIL SHALL BE SUBJECT TO 19 REVIEW AND CONCURRENCE OF THE MDEQ. 20
(f) BEST MA NA GEMENT PRA CTICES. THE DIRECTOR MAY IMPOSE BMPS IN A
21 USER PERMIT IN ORDER TO IMPLEMENT THE GENERAL AND/OR SPECIFIC 22 POLLUTANT LIMITATIONS UNDER THIS SECTION. SUCH BMPS SHALL BE 23 CONSIDERED PRETREATMENT STANDARDS AND REQUIREMENTS FOR 24 COMPLIANCE PURPOSES. 25 1046.07. Excessive discharges. 26 Except where expressly authorized to do so by an applicable pretreatment standard or 27 requirement, no user shall ever increase the use of process water or in any way attempt to 28 29 1 22 S:\Attorney_Staff\ORDINANCES\Sewer Use Ordinance\Sewer Use Ordinance 1046.011046.99 D#3 04.25.1l.doc dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment
DRAFT #3 APRIL 25, 2011 1 3 standards, alternative discharge limits, or any other pollutant-specific limitation developed by the City or the State. 1046.08. Accidental discharges; bypasses. 4 (a) Where required, a user shall provide protection from accidental discharge of 5 prohibited materials or other substances regulated by this chapter. Facilities to prevent 6 accidental discharge or prohibited materials shall be provided and maintained at the 7 owner's or user's cost and expense. At the request of the City, detailed plans showing 8 facilities and operating procedures to provide such protection shall be submitted to the 9 City for review. All required users shall complete such a plan within ninety days after 10 notification by the City. If required by the City, a user who commences contribution to 11 the POTW after the effective date of this chapter (Ordinance 698, passed April 8, 1985), 12 shall not be permitted to introduce pollutants into the system until accidental discharge 13 procedures have been approved by the City. Review and approval of such plans and 14 operating procedures shall not relieve the user from the responsibility to modify the user's 15 facility as necessary to meet the requirements of this chapter. The City will evaluate, at 16 least once every two years, whether an industrial user without such protection will be 17 subjected to these requirements. In the case of an accidental discharge OR OTHER 18 DISCHARGE THAT COULD CAUSE PROBLEMS AT THE POTW, INCLUDING 19 SLUG LOAD DISCHARGES, the user shall immediately telephone and notify the 20 POTW of the incident. SUCH NOTIFICATION SHALL OCCUR AS SOON AS 21 POSSIBLE, BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER THE 22 USER BECOMES AWARE OF THE ACCIDENTAL OR OTHER DISCHARGE THAT 23 COULD CAUSE PROBLEMS AT THE POTW. The notification shall include location 24 of discharge, type of waste, concentration and volume and correction actions. 25 (b) Within five days following such accidental discharge, the user shall submit to the 26 Director of Public Service a detailed written report describing the cause of the discharge 27 and the measures to be taken by the user to prevent similar future occurrences. Such 28 notification shall not relieve the user of any expense, loss, damage or other liability which 29 may be incurred as a result of damage to the POTW, fish kills or any other damage to
DRAFT #3 APRIL 25, 2011 1 3 person or property. Such notification shall not relieve the user of any fine, civil penalty or (c) A notice shall be permanently posted on the user's bulletin board or other prominent
2 other liability which may be imposed by this chapter or other applicable laws. 4 place advising employees of the user who to call in the event of a dangerous discharge. 5 Employers shall ensure that all employees who may cause or suffer such a dangerous 6 discharge to occur are advised of the emergency notification procedure. 7 (d) A bypass violating applicable pretreatment standards and requirements is prohibited, 8 and the City may take enforcement action against a user for such bypass, unless: the 9 bypass was unavoidable to prevent loss of life, personal injury, or severe property 10 damage; there were no feasible alternatives to the bypass, such as the use of auxiliary 11 treatment facilities, retention of untreated wastes, or maintenance during normal periods 12 of equipment downtime (except where adequate backup equipment should have been 13 installed in the exercise of reasonable engineering judgment to operate during normal 14 periods of equipment downtime or preventive maintenance); and the user submitted 15 required notices. For accidental bypass, notice requirements are specified in paragraphs 16 (a), (b) and (c) hereof. If the user knows in advance of the need for bypass, a prior notice 17 shall be submitted to the City at least ten days before the date of the bypass. The City 18 may approve or disapprove this anticipated bypass, after considering its adverse effects. 19 (E) AN UPSET MAY CONSTITUTE AN AFFIRMATIVE DEFENSE BY THE USER 20 IN UNINTENTIONAL AND TEMPORARY NONCOMPLIANCE WITH 21 APPLICABLE PRETREATMENT STANDARDS OR REQUIREMENTS, PROVIDED 22 IT CAN BE PROVED THAT: 23 (1) AN UPSET OCCURRED AND THE USER CAN IDENTIFY THE CAUSE; 24 (2) THE FACILITY WAS, AT THE TIME OF THE UPSET, BEING OPERATED IN A 25 PRUDENT AND WORKMANLIKE MANNER AND IN COMPLIANCE WITH 26 APPLICABLE OPERATIONAL AND MAINTENANCE PROCEDURES; 27 (3) THE USER SUBMITTED THE REQUIRED NOTIFICATIONS IN ACCORDANCE 28 WITH PARAGRAPHS (A) AND (B) HEREOF. 29 IN ANY ENFORCEMENT PROCEEDINGS, THE USER SEEKING TO ESTABLISH 30 THE OCCURRENCE OF AN UPSET SHALL HAVE THE BURDEN OF PROOF.
DRAFT #3 APRIL 25, 2011 1 2 3 4 5 6 7 1046.09. Charges. (a) Generally. Charges shall be made for fees collected for: (1) Reimbursement of costs of setting up and operating the pretreatment program; (2) Monitoring, inspection and surveillance procedures; (3) Reviewing accidental discharge procedures and construction; (4) Filing appeals; and (5) Consistent removal by the City of pollutants otherwise subject to Federal
8 pretreatment standards and others as the City may deem necessary to carry out the 9 requirements contained herein. 10 The amounts of the fees which shall be charged for such operation and administration of 11 12 programs are as specified in Section 1042.04. (b) Surcharges. Additional surcharges may be made by the City to compensate the City
13 for the cost of treatment of COMPATIBLE pollutant loadings not normally treated at or 14 in excess of those treated by the POTW. SUCH SURCHARGES SHALL APPLY TO 15 CONCENTRATIONS ABOVE THE FOLLOWING: 16 17 18 19 20 BOD TOTAL SUSPENDED SOLIDS TOTAL PHOSPHORUS AMMONIA NITROGEN 300 MG/L 350 MG/L 6.0 MG/L 25 MG/L
(c) Basis of Charges. Charges and fees for services provided by the program shall be
21 levied upon any user who may have any sewer connection with the POTW and who 22 discharges nondomestic waste to the POTW or any part thereof. Such charges shall be 23 based upon the number of samples collected, the number of analyses conducted and the 24 quality of nondomestic wastewater. 25 1046.10. Discharge authorization. 26 (A) No person shall discharge to the waters of the State within the City or in any area 27 under the jurisdiction of the City, and/or to the POTW, any wastewater, except as 28 authorized by the Director of Public Service in accordance with this chapter or except as 29 provided by an NPDES permit.

1
(B) W A STEW A TER DISCHA RGE PERMIT. WHERE DEEMED APPROPRIATE BY THE DIRECTOR, A PERMIT TO DISCHARGE WASTEWATER TO THE POTW
3 MAY BE ISSUED TO A USER PURSUANT TO THE FOLLOWING CONDITIONS: 4 (1) THE PERMIT SHALL BE EFFECTIVE FOR A SPECIFIED TIME PERIOD, UP 5 TO FIVE YEARS FROM ITS EFFECTIVE DATE. 6 (2) THE PERMIT SHALL INCLUDE CONDITIONS DEEMED REASONABLY 7 NECESSARY BY THE DIRECTOR TO PREVENT PASS-THROUGH OR 8 INTERFERENCE, PROTECT THE QUALITY OF THE WATER BODY RECEIVING 9 THE POTW EFFLUENT, PROTECT WORKER HEALTH AND SAFETY, 10 FACILITATE SLUDGE MANAGEMENT AND DISPOSAL, AND PROTECT 11 AGAINST DAMAGE TO THE POTW. AT A MINIMUM, THE PERMIT SHALL 12 CONTAIN THE FOLLOWING: 13 (i) A STATEMENT THAT SPECIFIES THE PERMIT ISSUANCE DATE, EFFECTIVE 14 DATE, AND EXPIRATION DATE; 15 (ii) A STATEMENT THAT THE PERMIT IS NONTRANSFERABLE WITHOUT 16 PRIOR NOTIFICATION TO THE CITY; 17 (iii) EFFLUENT LIMITS, INCLUDING BMPS, BASED ON APPLICABLE 18 PRETREATMENT STANDARDS AND REQUIREMENTS; 19 (iv) SAMPLING, REPORTING, NOTIFICATION AND RECORD-KEEPING 20 REQUIRMENTS; 21 (v) ANY APPLICABLE COMPLIANCE SCHEDULES; 22 (vi) REQUIREMENTS TO CONTROL SLUG LOAD DISCHARGE, IF DETERMINED 23 BY THE DIRECTOR TO BE NECESSARY; 24 (vii) STATEMENT OF APPLICABLE CIVIL AND CRIMINAL PENALTIES FOR 25 VIOLATION OF PERMIT CONDITIONS. 26 (3) THE DISCHARGE PERMIT MAY ALSO CONTAIN THE FOLLOWING: 27 (i) LIMITS ON THE RATE OR TIME OF DISCHARGE, AND/OR REQUIREMENTS 28 FOR FLOW REGULATION OR EQUALIZATION; 29 (ii) REQUIREMENTS FOR WASTE MINIMIZATION PLANS OR INSTALLATION 30 OF PRETREATMENT TECHNOLOGY, POLLUTION CONTROL, AND
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DRAFT #3 APRIL 25, 2011 1 CONTAINMENT DEVICES TO REDUCE THE AMOUNT OF POLLUTANTS DISCHARGED TO THE POTW; 3 (iii) SPECIAL CONDITIONS TO PREVENT ACCIDENTAL OR NON-ROUTINE 4 DISCHARGES; 5 (iv) REQUIREMENTS FOR INSTALLATION AND MAINTENANCE OF FLOW 6 MEASUREMENT AND SAMPLING FACILITIES; AND 7 (v) OTHER CONDITIONS AS DEEMED APPROPRIATE BY THE DIRECTOR TO 8 ENSURE COMPLIANCE WITH THIS ORDINANCE, AND STATE AND FEDERAL 9 LAWS, RULES, AND REGULATIONS. 10 (4) THE DIRECTOR SHALL PROVIDE THE USER WITH AN OPPORTUNITY TO 11 REVIEW AND REQUEST RECONSIDERATION OF THE TERMS OF ITS 12 WASTEWATER DISCHARGE PERMIT. IN ITS PETITION FOR 13 RECONSIDERATION, THE USER SHALL INDICATE THE OBJECTIONABLE 14 PROVISIONS, THE REASONS FOR OBJECTIONS, AND ALTERNATIVE 15 CONDITIONS IT SEEKS TO PLACE IN THE PERMIT. ANY ACTION BY THE 16 DIRECTOR CONCERNING THE USER'S OBJECTION MAY BE APPEALED TO 17 COUNCIL. 18 (5) THE DIRECTOR MAY MODIFY A WASTEWATER DISCHARGE PERMIT FOR 19 GOOD CAUSE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING 20 REASONS: 21 (i) TO INCORPORATE ANY NEW OR REVISED PRETREATMENT STANDARDS 22 OR REQUIREMENTS; 23 (ii) A CHANGE IN THE POTW THAT REQUIRES EITHER A TEMPORARY OR 24 PERMANENT CHANGE IN THE AUTHORIZED DISCHARGE; OR 25 (iii) TO CORRECT TYPOGRAPHICAL OR OTHER ERRORS. 26 (6) THE DIRECTOR MAY REVOKE A WASTEWATER DISCHARGE PERMIT 27 FOR GOOD CAUSE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING 28 REASONS: 29 (i) FAILURE TO SUBMIT A REQUIRED WASTEWATER SURVEY OR PERMIT 30 APPLICATION;
DRAFT #3 APRIL 25, 2011 1 (ii), MISREPRESENTATION OF FACTS, OR FAILURE TO FULLY DISCLOSE ALL 2 RELEVANT FACTS, IN A REQUIRED WASTEWATER SURVEY OR PERMIT 3 APPLICATION; 4 (iii) FAILURE TO MEET EFFLUENT LIMITATIONS OR COMPLIANCE 5 SCHEDULES; 6 (iv) TAMPERING WITH MONITORING EQUIPMENT AND/OR FALSIFYING SELF 7 MONITORING REPORTS OR CERTIFICATION STATEMENTS; 8 (v) REFUSING TO ALLOW THE CITY TIMELY ACCESS TO THE FACILITY 9 PREMISES AND RECORDS; 10 (vi) FAILURE TO NOTIFY THE CITY OF SIGNIFICANT CHANGES TO THE 11 WASTEWATER IN ACCORDANCE WITH THIS CHAPTER; 12 (vii) FAILURE TO PAY FINES OR SEWER CHARGES; OR 13 (viii) VIOLATION OF ANY PRETREATMENT STANDARD OR REQUIREMENT, 14 ANY TERMS OF THE WASTEWATER DISCHARGE PERMIT, OR THIS 15 CHAPTER. 16 (7) A WASTEWATER DISCHARGE PERMIT SHALL BE VOID UPON A USER'S 17 CESSATION OF OPERATIONS OR TRANSFER OF BUSINESS OWNERSHIP 18 UNLESS THE PERMITTEE GIVES AT LEAST NINETY DAYS ADVANCE NOTICE 19 TO THE CITY, AND THE DIRECTOR APPROVES THE PERMIT TRANSFER. THE 20 PERMITTEE' S NOTICE TO THE CITY SHALL INCLUDE A WRITTEN 21 CERTIFICATION BY THE NEW OWNER OR OPERATOR WHICH: 22 (i) STATES THAT THE NEW OWNER OR OPERATOR HAS NO IMMEDIATE 23 INTENT TO CHANGE THE FACILITY'S OPERATIONS AND PROCESSES; 24 (ii) IDENTIFIES THE SPECIFIC DATE ON WHICH THE TRANSFER IS TO 25 OCCUR; AND 26 (iii) ACKNOWLEDGES FULL RESPONSIBILITY FOR COMPLYING WITH THE 27 EXISTING WASTEWATER DISCHARGE PERMIT 28 (8) ANY USER WITH AN EXPIRING WASTEWATER DISCHARGE PERMIT 29 SHALL APPLY FOR RE-ISSUANCE BY COMPLETING AND SUBMITTING AN 30 APPLICATION AT LEAST NINETY DAYS PRIOR TO THE PERMIT'S
DRAFT #3 APRIL 25, 2011 1 EXPIRATION DATE. A DISCHARGE PERMIT SHALL BE VOID UPON 2 ISSUANCE OF A NEW PERMIT TO THAT USER. 3 1046.11. User information. 4 All industrial users proposing to connect to or to contribute to the POTW shall submit 5 information on the user, processes and wastewater to the City at least ninety days before 6 connecting to or contributing to the POTW. All existing industrial users connected to or 7 contributing to the POTW shall submit such information within ninety days after the 8 effective date of this chapter (Ordinance 698, passed April 8, 1985). The information 9 submitted must be sufficient for the City to determine the impact of the user's discharge 10 on the POTW and the need for pretreatment. The user shall submit, in units and terms 11 12 13 15 appropriate for evaluation, the following information: (a) The user's name, address and location, if different from the address; (b) The user's SIC number, according to the Standard Industrial Classification Manual, (c) Constituents and characteristics of the user's wastewater, including, but not limited
14 Bureau of the Budget, 1972, as amended; 16 to, those mentioned in this chapter as determined by a reliable analytical laboratory. 17 Sampling and analysis shall be performed in accordance with the procedures and methods 18 detailed in the following publications: 19 (1) Standard Methods for the Examination of Water and Wastewater, American Public 20 Health Association; 21 (2) Manual of Methods for Chemical Analysis of Water and Wastes, United States 22 Environmental Protection Agency; and 23 (3) Annual Book of Standards, Part 131, Water Atmospheric Analysis, 1975, American 24 Society of Testing Materials. 25 (d) Time and duration of contribution; 26 (e) Average daily wastewater flow rates, including daily, monthly and seasonal 27 variations, if any; 28 (f) When requested by the City, site plans, floor plans, mechanical and plumbing plans 29 and details to show all sewers, sewer connections and appurtenances by size, location and 30 elevation;
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DRAFT #3 APRIL 25, 2011 1 (g) Description of activities, facilities and plant processes on the premises, including all
2 materials which are or could be discharged; 3 (h) Where known, the nature and concentration of any pollutant in the discharge which 4 is limited by City, State or Federal pretreatment standards, and a statement regarding 5 whether or not such pretreatment standards are being met on a consistent basis. If not, the 6 user shall provide information as to whether additional operation and maintenance and/or 7 additional pretreatment is required by the industrial user to meet applicable pretreatment 8 standards. New sources shall include information on any pretreatment methods they 9 intend to use and provide estimates on discharge flow and pollutant concentrations. 10 (i) If additional pretreatment and/or 0 & M is required to meet the pretreatment 11 13 14 standards, the shortest schedule by which the user will provide such additional date established for the applicable pretreatment standard. The following conditions shall apply to the schedule: 12 pretreatment. The completion date in such schedule shall be not later than the compliance
15 (1) The schedule shall contain increments of progress in the form of dates for the 16 commencement and completion of major events leading to the construction and operation 17 of additional pretreatment required for the user to meet the applicable pretreatment 18 standards. 19 (2) No increment referred to in paragraph (a)(1) hereof shall exceed nine months. 20 (3) Not later than fourteen days following each date in the schedule and the final date 21 for compliance, the user shall submit a progress report to the Director of Public Service 22 including, as a minimum, whether or not it complied with the increment of progress to be 23 met on such date and, if not, the date on which it expects to comply with such increment 24 of progress, the reason for delay, and the steps being taken by the user to return 25 construction to the schedule established. In no event shall more than nine months elapse 26 between each such progress report. 27 (j) Each product produced, by type, amount, process or processes and rate of production; 28 (k) The type and amount of raw materials processed (average and maximum per day); 29 (1) The number and type of employees, hours of operation of the plant and proposed or 30 actual hours of operation of the pretreatment system; and
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DRAFT #3 APRIL 25, 2011 1 (m) Any other infonmation as may be deemed by the City to be necessary to evaluate the impact of the discharge on the POTW. 3 Within three months of the promulgation or revision of a national categorical 4 pretreatment standard or alternative discharge limit, all affected users must submit to the 5 6 City the information required by subsections (h) and (i) hereof. ALL INFORMATION REQUIRED TO BE SUBMITTED BY THIS SECTION SHALL
7 BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL 8 USER WITH THE FOLLOWING CERTIFICATION STATEMENT: 9 10 11 12 13 14 15 16 17 18 19 20 I CERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND ALL ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHER AND EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM OR THOSE PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION, THE INFORMATION SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT FOR KNOWING VIOLATIONS.
21 IF THE AUTHORIZED REPRESENTATIVE CHANGES BECAUSE A DIFFERENT 22 INDIVIDUAL OR POSITION HAS RESPONSIBILITY FOR THE OVERALL 23 OPERATION OF THE FACILITY OR FOR ENVIRONMENTAL MATTERS OF THE 24 COMPANY, A NEW AUTHORIZATION, SATISFYING THE REQUIREMENTS OF 25 THE DEFINITION CONTAINED IN SECTION 1046.02, MUST BE SUBMITTED TO 26 THE CITY PRIOR TO OR TOGETHER WITH ANY REPORTS TO BE SIGNED BY 27 THE AUTHORIZED REPRESENTATIVE. 28 1046.12. Authority of city re discharges. 29 Wastewater discharges shall be expressly subject to all provisions of this chapter and all 30 other applicable regulations, user charges and fees established by the City. The City may: 31 S:\Attorney_Staff\ORDINANCES\Sewer Use Ordinance\Sewer Use Ordinance 1046.011046.99 D#3 04.25.11.doc
DRAFT #3 APRIL 25, 2011 1 (a) Set unit charges or a schedule of user charges and fees for the wastewater to be 2 discharged to the POTW; 3 (b) Limit average and maximum wastewater constituents and characteristics; 4 (c) Limit the average and maximum rate and time of discharge or make requirements for 5 flow regulations and equalization; 6 (d) Require the installation and maintenance of inspection and sampling facilities; 7 (e) Establish specifications for monitoring programs which may include sampling 8 locations; frequency of sampling; number, types and standards for tests; and reporting 9 10 11 schedules; (f) Establish compliance schedules; (g) Require submission of technical reports or discharge reports;
12 (h) Require the maintaining, retaining and furnishing of plant records relating to 13 wastewater discharge as specified by the City. The City may also require access to, and 14 the right to copy, such records. 15 (i) Require notification of the City IN ADVANCE OF for any new introduction of 16 wastewater constituents or any substantial change in the volume or character of 17 wastewater constituents being introduced into the POTW, including all of the following: 18 (1) Groundwaters that are purged for remedial action programs; 19 20 (2) Groundwaters containing pollutants that infiltrate into the sewers; and (3) Listed or characteristic hazardous wastes.
21 (j) Require IMMEDIATE notification of ACCIDENTAL DISCHARGES OR OTHER 22 DISCHARGES THAT COULD CAUSE PROBLEMS AT THE POTW, INCLUDING 23 slug LOAD discharges; 24 (k) Require other conditions as deemed appropriate by the City to ensure compliance 25 with this chapter; 26 (1) Control through permit, order, or similar means, the contribution to the POTW by 27 each user to ensure compliance with applicable categorical standards or pollutant-specific 28 limitations developed by the City or State. This control mechanism may limit duration to 29 a maximum of five years, require non-transferability without proper prior notification, 30 establish specific effluent limits, require SPECIFY self-monitoring AND REPORTING
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DRAFT #3 APRIL 25, 2011 1 REQUIREMENTS, CONTAIN A STATEMENT OF APPLICABLE PENALTIES FOR 2 VIOLATION, ESTABLISH SLUG CONTROL REQUIREMENTS and/or set 3 compliance schedules, as applicable.
4 (m) Adjust categorical pretreatment standards to reflect the presence of pollutants in the 5 user's intake water in accordance with 40 CFR 103.15. 6 (N) ESTABLISH BMPS TO IMPLEMENT GENERAL PROHIBITIONS AND 7 SPECIFIC POLLUTANT LIMITATIONS. 8 1046.13. Compliance reports:; REQUIRED NOTIFICATIONS 9 (a) BA SELINE MONITORING REPORT. A BASELINE MONITORING REPORT 10 SHALL BE SUBMITTED TO THE DIRECTOR BY EXISTING USERS SUBJECT TO 11 NEW CATEGORICAL PRETREATMENT STANDARDS WITHIN ONE HUNDRED 12 EIGHTY DAYS AFTER THE EFFECTIVE DATE, AND BY NEW SOURCES 13 SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS WITHIN NINETY 14 DAYS PRIOR TO COMMENCING DISCHARGE. NEW SOURCES SHALL 15 REPORT THE METHOD OF PRETREATMENT THEY INTEND TO USE TO MEET 16 APPLICABLE CATEGORICAL STANDARDS, AND ESTIMATE THE 17 ANTICIPATED FLOW AND QUANTITY OF POLLUTANTS TO BE DISCHARGED. 18 THIS REPORT SHALL CONTAIN THE INFORMATION LISTED BELOW. 19 (1) EACH REGULATED PROCESS AND LIMITS CONTAINED IN THE 20 APPLICABLE CATEGORICAL PRETREATMENT STANDARDS, INCLUDING 21 MASS LIMITS OR ALTERNATE CONCENTRATION LIMITS WHERE 22 APPLICABLE. 23 (2) RESULTS OF SAMPLING THAT IDENTIFY THE CONCENTRATION, AND 24 MASS WHERE REQUIRED BY THE STANDARD OR BY THE DIRECTOR, OF 25 REGULATED POLLUTANTS IN THE DISCHARGE FROM EACH REGULATED 26 PROCESS. SAMPLES SHOULD BE TAKEN IMMEDIATELY DOWNSTREAM 27 FROM PRETREATMENT FACILITIES IF SUCH EXIST, OR IMMEDIATELY 28 DOWNSTREAM FROM THE REGULATED PROCESS IF NO PRETREATMENT 29 EXISTS. IF OTHER WASTEWATERS ARE MIXED WITH THE REGULATED 30 WASTEWATER PRIOR TO PRETREATMENT, FLOWS AND CONCENTRATIONS
DRAFT #3 APRIL 25, 2011 1 SHALL BE MEASURED AS NECESSARY TO ALLOW USE OF THE COMBINED 2 WASTESTREAM FORMULA TO EVALUATE COMPLIANCE. THE FOLLOWING 3 SHALL BE INCLUDED: 4 (i) A MINIMUM OF ONE SAMPLE THAT IS REPRESENTATIVE OF DAILY 5 OPERATIONS, ANALYZED IN ACCORDANCE WITH PROCEDURES 6 ESTABLISHED HEREIN IN SECTION 1046.14. 7 (ii) TIME, DATE, AND PLACE OF SAMPLING AND METHODS OF ANALYSIS. 8 (iii) A CERTIFICATION STATEMENT THAT SUCH SAMPLING AND ANALYSIS 9 IS REPRESENTATIVE OF NORMAL WORK CYCLES AND EXPECTED 10 POLLUTANT DISCHARGE TO THE POTW. 11 (iv) DAILY MAXIMUM, MONTHLY AVERAGE, ANNUAL AVERAGE, AND/OR 12 INSTANTANEOUS MAXIMUM CONCENTRATIONS CORRESPONDING TO 13 LIMITS IN THE APPLICABLE CATEGORICAL STANDARD 14 (v) WHERE THE APPLICABLE CATEGORICAL STANDARD CONTAINS MASS 15 OR OTHER TYPES OF ALTERNATE LIMITS, SUPPORTING DATA FOR 16 CONVERTING FROM CONCENTRATION TO MASS OR TO THE BASIS FOR 17 ANOTHER TYPE OF ALTERNATE LIMIT: 18 (vi) APPROPRIATE DOCUMENTATION WHERE THE STANDARD REQUIRES 19 COMPLIANCE WITH A BMP OR POLLUTION PREVENTION ALTERNATIVE. 20 THE DIRECTOR MAY ALLOW SUBMISSION OF ONLY HISTORICAL DATA SO 21 LONG AS THE DATA PROVIDES SUFFICIENT INFORMATION FOR 22 EVALUATING COMPLIANCE AND THE NEED FOR INDUSTRIAL 23 PRETREATMENT MEASURES. 24 (3) A COMPLIANCE CERTIFICATION STATEMENT, REVIEWED BY THE 25 USER'S AUTHORIZED REPRESENTATIVE AND SIGNED BY A QUALIFIED 26 PROFESSIONAL, INDICATING WHETHER PRETREATMENT STANDARDS ARE 27 BEING MET ON A CONSISTENT BASIS AND, IF NOT, WHAT ADDITIONAL 28 PRETREATMENT OR OPERATING AND MAINTENANCE (O&M) ARE 29 REQUIRED TO ACHIEVE CONSISTENT COMPLIANCE.
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DRAFT #3 APRIL 25, 2011 1 (4) IF ADDITIONAL PRETREATMENT AND/OR O&M WILL BE REQUIRED TO 2 MEET THE PRETREATMENT STANDARDS, THE SHORTEST SCHEDULE BY 3 WHICH THE USER WILL PROVIDE SUCH REQUIREMENTS. THE SCHEDULE 4 SHALL CONTAIN PROGRESS INCREMENTS IN THE FORM OF DATES FOR THE 5 COMMENCEMENT AND COMPLETION OF MAJOR EVENTS, WITH NO 6 INCREMENT EXCEEDING NINE MONTHS. PROGRESS REPORTS SUBMITTED 7 TO THE DIRECTOR WITHIN TWO WEEKS FOLLOWING EACH PROGRESS 8 INCREMENT DATE SHALL INCLUDE WHETHER THE SCHEDULE IS BEING 9 MET, THE REASON FOR ANY DELAY, AND STEPS BEING TAKEN TO RETURN 10 TO THE ESTABLISHED SCHEDULE. 11 EXISTING SOURCES SUBJECT TO NEW CATEGORICAL STANDARDS SHALL 12 ACHIEVE COMPLIANCE WITHIN THREE YEARS OF THE DATE THE 13 STANDARD IS PROMULGATED, UNLESS A SHORTER COMPLIANCE 14 SCHEDULE IS SPECIFIED IN THE STANDARD. NEW SOURCES SUBJECT TO 15 CATEGORICAL STANDARDS SHALL INSTALL, HAVE IN OPERATING 16 CONDITION, AND HAVE STARTED UP, ALL PRETREATMENT EQUIPMENT 17 REQUIRED TO ACHIEVE COMPLIANCE BEFORE BEGINNING TO DISCHARGE, 18 AND SHALL MEET ALL APPLICABLE PRETREATMENT STANDARDS WITHIN 19 THE SHORTEST FEASIBLE TIME, BUT NOT TO EXCEED NINETY DAYS. 20 (B) 90 DA Y COMPLIA NCE REPORT. Within ninety days following the date for final 21 23 24 compliance with applicable pretreatment standards or, in the case of a new source, subject to pretreatment standards and requirements shall submit to the Director of Public Service a report indicating the nature and concentration of all pollutants in the discharge 22 following commencement of the introduction of wastewater into the POTW, any user
25 from the regulated process which are limited by pretreatment standards and requirements 26 and the average and maximum daily flow for such process units in the user facility which 27 are limited by such standards or requirements. ANY USER SUBJECT TO BMP-BASED 28 PRETREATMENT STANDARDS AND REQUIREMENTS SHALL ALSO REPORT 29 NECESSARY BMP COMPLIANCE INFORMATION. The report shall state whether 30 the applicable pretreatment standards or requirements are being met on a consistent basis
DRAFT #3 APRIL 25, 2011 1 3 and, if not, what additional O&M and/or pretreatment is necessary to bring the user into authorized representative of the user and certified to by a qualified representative. 2 compliance with such standards or requirements. The statement shall be signed by an 4 (b} (C) PERIODIC COMPLIA NCE REPORT. Any user or new source discharging into 5 the POTW shall submit to the Director during the months of June and December, unless 6 required more frequently in pretreatment standards or by the Director, a report indicating 7 the nature and concentration of pollutants in the effluent which are limited by such 8 pretreatment standards or this chapter. ANY USER SUBJECT TO PRETREATMENT 9 STANDARDS AND REQUIREMENTS CONTAINING A SAL SHALL REPORT 10 INFORMATION NECESSARY TO DEMONSTRATE COMPLIANCE WITH THE 11 ASSOCIATED FLOW LIMIT. ANY USER SUBJECT TO BMP-BASED 12 PRETREATMENT STANDARDS AND REQUIREMENTS SHALL REPORT 13 NECESSARY BMP COMPLIANCE INFORMATION. In addition, such report shall 14 include a record of all daily flows which, during the reporting period, exceeded the 15 average daily flow reported under Section 1046.12(c). At the discretion of the Director 16 and in consideration of such factors as local high or low flow rates, holidays, budget 17 cycles, etc, the Director may agree to require different months during which such reports 18 are to be submitted. 19 The Director may also impose mass limitations on users who are using dilution to meet 20 applicable pretreatment standards or requirements or in other cases in which the 21 imposition of mass limitations is appropriate. In such cases, the report required by this 22 subsection shall also indicate the mass of pollutants regulated by pretreatment standards 23 in the effluent of the user. 24 25 26 27 28 29 30 ninety days. ginning to discharge, and shall meet all ars of thc date thc standard is promul: - sources subject to categorical standards shall
DRAFT #3 APRIL 25, 2011 1 3 (-d} If a user subject to these reporting requirements monitors any pollutant more frequently than required by the City, using approved procedures, the results of this additional monitoring shall also be included in the reports. 4 (D) NOTICE OF CHA NGED CONDITIONS. EACH USER SHALL NOTIFY THE 5 POTW IN ADVANCE OF ANY SIGNIFICANT CHANGES PLANNED FOR THE 6 USER'S OPERATIONS OR SYSTEM WHICH MIGHT ALTER THE NATURE, 7 QUALITY, OR VOLUME OF ITS WASTEWATER, INCLUDING THE POTENTIAL 8 FOR A SLUG LOAD DISCHARGE. THE DIRECTOR MAY REQUIRE THE USER 9 TO SUBMIT INFORMATION CONSIDERED NECESSARY TO EVALUATE THE 10 CHANGED CONDITION, INCLUDING SUBMISSION OF A NEW WASTEWATER 11 DISCHARGE PERMIT APPLICATION. THE DIRECTOR MAY ALSO ISSUE THE 12 USER A NEW WASTEWATER DISCHARGE PERMIT OR MODIFY AN EXISTING 13 PERMIT IN RESPONSE TO THE CHANGED CONDITIONS. 14 (E) NOTICE OF POTENTIA L PROBLEMS. FOR ACCIDENTAL DISCHARGES, 15 DISCHARGES OF A NON-ROUTINE OR EPISODIC NATURE, NON-CUSTOMARY 16 BATCH DISCARGES, EMERGENCY BYPASSES, UPSETS, AND/OR SLUG LOAD 17 DISCHARGES, USER NOTIFICATION REQUIREMENTS ARE AS SPECIFIED IN 18 SECTION 1046.08. 19 (e)(F) NOTICE OF V IOLA TION A ND REPEA T SA MPLING. If sampling performed by 20 a user indicates a violation, the user shall notify the City within twenty-four hours of 21 becoming aware of the violation. The user shall also repeat the sampling and submit the 22 results of re-analysis to the City within thirty days after becoming aware of the violation, 23 except when the City will be performing scheduled surveillance sampling/analysis within 24 this. thirty-day period. IF SAMPLING IS PERFORMED BY THE CITY ON BEHALF 25 OF THE USER, THE CITY WILL EITHER REPEAT THE SAMPLING WITHIN 26 THIRTY DAYS AFTER BECOMING AWARE OF THE VIOLATION OR 27 IMMEDIATELY NOTIFY THE USER OF THE REQUIREMENT TO REPEAT THE 28 SAMPLING WITHIN THIRTY DAYS. 29 (#^ (G) NOTICE OF HA ZA RDOUS W A STE DISCHA RGE. All users shall also notify the 30 POTW, the EPA and the State Hazardous Waste Authority, in writing, of any discharge
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DRAFT #3 APRIL 25, 2011 1 into the POTW of a substance which would be a hazardous waste under 40 C.F.R. 261 if 2 3 5 7 disposed via other means. Notification details, as well as allowable exemptions, shall be in accordance with 40 C.F.R. 403.12(P). In the case of any new regulations under section additional substance as a hazardous waste, the user must provide notification of the discharges, the user shall further certify that it has a program in place to reduce the economically practical. (g) (H) The reports required by this section shall be signed by an authorized representative of the industrial user and shall include the following certification statement: I certify under penalty of law that this document, and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. If the authorized representative changes because a different individual or position has responsibility for the overall operation of the facility or for environmental matters of the company, a new authorization, satisfying the requirements of THE DEFINITION CONTAINED IN Section 1046.02('I)C., must be submitted to the City prior to or together with any reports to be signed by the authorized representative.
(IOU) Non-domestic users shall report any changes to information in compliance reports
4 3001 of RCRA identifying additional characteristics of hazardous waste or listing any 6 effective date of such regulations. In the case of any notification of hazardous waste 8 volume and toxicity of hazardous wastes generated to the degree it has determined to be
to the POTW within 60 days. 1046.14. Monitoring facilities AND TECHNIQUES. (A) The City may require to be provided and operated, at a user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building
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DRAFT #3 APRIL 25, 2011 1 3 sewer and/or internal drainage systems. The monitoring facility should normally be impractical or cause undue hardship on the user, allow the facility to be constructed in a 2 situated on the user's premises, but the City may, when such a location would be 4 public street or sidewalk area and located so that it will not be obstructed by landscaping 5 or parked vehicles. There shall be ample room in or near such sampling manhole or 6 facility to allow accurate sampling and preparation of samples for analysis. The facility, 7 sampling and measuring equipment shall be maintained at all times in a safe and proper 8 operating condition at the expense of the user. Whether constructed on public or private 9 property, sampling and monitoring facilities shall be provided in accordance with plans 10 and specifications submitted to and approved by the City and all applicable local 11 construction standards and specifications. When required, construction of such facilities 12 shall be completed within ninety days following written notification by the City. 13 (B) ALL WASTEWATER SAMPLES MUST BE REPRESENTATIVE OF THE 14 USER'S DISCHARGE. WASTEWATER MONITORING AND FLOW 15 MEASUREMENT FACILITIES SHALL BE PROPERLY OPERATED, KEPT CLEAN, 16 AND MAINTAINED IN GOOD WORKING ORDER AT ALL TIMES. THE 17 FAILURE OF A USER TO KEEP ITS MONITORING FACILITY IN GOOD 18 WORKING ORDER SHALL NOT BE GROUNDS FOR THE USER TO CLAIM 19 THAT SAMPLE RESULTS ARE UNREPRESENTATIVE OF ITS DISCHARGE. 20 (C) ALL SAMPLING AND ANALYTICAL TESTING SHALL BE IN 21 ACCORDANCE WITH PROTOCOLS, INCLUDING APPROPRIATE 22 PRESERVATION, SPECIFIED IN 40 CFR PART 136 AND APPROPRIATE USEPA 23 GUIDANCE. WHERE SUCH PROTOCOLS AND GUIDANCE DO NOT INCLUDE 24 A GIVEN POLLUTANT, THE USER MAY APPLY METHODS SUBJECT TO PRIOR 25 ACCEPTANCE OF THE CITY. 26 (D) FOR COMPOSITE SAMPLES, THE USER SHALL USE A FLOW27 PROPORTIONAL SAMPLING TECHNIQUE UNLESS AN ALTERNATE TIME28 BASED OR GRAB-BASED SAMPLING TECHNIQUE IS AUTHORIZED BY THE 29 DIRECTOR. THE USER SEEKING AN ALTERNATE SAMPLING TECHNIQUE 30 SHALL SUBMIT A REQUEST TO THE CITY IN WRITING, AND SHALL HAVE
DRAFT #3 APRIL 25, 2011 1 THE BURDEN OF DEMONSTRATING THAT THE ALTERNATE SAMPLING TECHNIQUE WILL BE REPRESENTATIVE OF THE DISCHARGE. THE 3 DECISION WHETHER TO ALLOW AN ALTERNATE SAMPLING TECHNIQUE 4 WILL BE AT THE DIRECTOR'S DISCRETION, AND THE BASIS FOR THIS 5 DECISION WILL BE DOCUMENTED IN THE CITY'S FILE FOR THAT USER. 6 (E) GRAB SAMPLES SHALL BE USED FOR ASSESSING COMPLIANCE OF OIL 7 AND GREASE, TEMPERATURE, PH, CYANIDE, TOTAL PHENOLS, SULFIDES, 8 AND VOLATILE ORGANIC COMPOUNDS. FOR COMPLIANCE REPORTS, THE 9 USER SHALL COLLECT THE NUMBER OF GRAB SAMPLES NECESSARY TO 10 PROPERLY ASSESS ITS COMPLIANCE WITH APPLICABLE PRETREATMENT 11 STANDARDS AND REQUIREMENTS EXCEPT AS FOLLOWS: FOR SAMPLING 12 ASSOCIATED WITH A 90-DAY COMPLIANCE REPORT OR BASELINE 13 MONITORING REPORT, A MINIMUM OF (4) DAILY GRAB SAMPLES MUST BE 14 USED FOR PH, CYANIDE, TOTAL PHENOLS, OIL AND GREASE, SULFIDE, AND 15 VOLATILE ORGANIC COMPOUNDS WHERE HISTORICAL SAMPLING DATA 16 DOES NOT EXIST; WHERE HISTORICAL SAMPLING DATA DOES EXIST, THE 17 DIRECTOR MAY AUTHORIZE A LOWER NUMBER OF SAMPLES. THE USER 18 MAY USE MULTIPLE GRAB SAMPLES FOR SAMPLING ASSOCIATED WITH A 19 90-DAY COMPLIANCE REPORT OR BASELINE MONITORING REPORT 20 PROVIDED THEY ARE COLLECTED DURING A 24-HOUR PERIOD AND 21 COMPOSITED PRIOR TO THE ANALYSIS ACCORDING TO THE FOLLOWING 22 BASIS: 23 (i) COMPOSITED IN THE FIELD OR THE LABORATORY FOR CYANIDE, TOTAL 24 PHENOLS, AND SULFIDES; 25 (ii) COMPOSITED ONLY IN THE LABORATORY FOR VOLATILE ORGANICS 26 AND OIL AND GREASE; AND 27 (iii) COMPOSITED AS AUTHORIZED BY THE DIRECTOR FOR OTHER 28 PARAMETERS. 29 1046.15. Inspection and sampling.
DRAFT #3 APRIL 25, 2011 1 3 4 (A) The City shall inspect the facilities of any user to ascertain whether or not the with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the 2 purposes of this chapter are being met and all requirements thereof are being complied
5 premises for purposes of inspection, sampling, records examination, records copying or 6 otherwise for the performance of his or her duties. The City, the T i R MDEQ and the 7 EPA may set up on the user's property such devices as are necessary to conduct sampling, 8 inspection, compliance monitoring and/or metering operations. Where a user has security 9 measures in force which would require proper identification and clearance before entry 10 into the premises, the user shall make necessary arrangements with security guards so 11 that upon presentation of suitable identification, personnel from the City, the MDNR 12 MDEQ and the EPA will be permitted to enter, without delay, for the purposes of 13 performing their specific responsibilities. While performing the aforementioned work on 14 private premises, City representatives shall observe all safety rules applicable to the 15 premises established by the company and the company shall be held harmless for injury 16 to or death of City employees while performing such work. The City shall indemnify the 17 company against loss or damage to its property by City employees and against liability 18 claims and demands for personal injury or property damage asserted against the company 19 and growing out of the gauging and sampling operation, except such as may be caused by 20 negligence or failure of the company to maintain safe conditions, as required in Section 21 1046.14. 22 (B) THE CITY WILL EVALUATE ALL SIGNIFICANT INDUSTRIAL USERS FOR 23 THE NEED FOR A SLUG CONTROL PLAN WITHIN ONE YEAR OF THAT USER 24 BEING DESIGNATED AS A SIGNIFICANT INDUSTRIAL USER. THE CITY WILL 25 ALSO REEVALUATE THE NEED FOR A SLUG CONTROL PLAN WHEN 26 NOTIFIED BY A USER OF A CHANGE IN THE SLUG LOAD DISCHARGE 27 POTENTIAL. 28 1046.16. Pretreatment; publication of violators' names. 29 (a) Industrial users shall provide necessary wastewater treatment as required to comply 30 with this chapter and shall achieve compliance with all national categorical pretreatment
DRAFT #3 APRIL 25, 2011 1 3 standards within the time limitations specified by Federal pretreatment regulations and alternative discharge limits as set by the City. Any facilities required to pretreat 2 required by the City. Industrial users with integrated facilities shall comply with any 4 wastewater to a level acceptable to the City shall be provided, operated and maintained at 5 the user's expense. Detailed plans showing the pretreatment facilities and operating 6 procedures shall be submitted to the City for review at the request of the City. The review 7 of such plans and operating procedures shall in no way relieve the user from the 8 responsibility of modifying the facility as necessary to produce an effluent acceptable to 9 the City under this chapter. Any subsequent change in pretreatment facilities or methods 10 11 of operation shall be reported to the City prior to the user's initiation of such change. (b) The City shall annually publish in the major local newspaper a list of all users who
12 were significantly violating IN SIGNIFICANT VIOLATION OF any applicable 13 pretreatment requirements or standards during the twelve previous months. Such 14 notification shall also IDENTIFY THE NATURE OF THE VIOLATION AND 15 summarize any enforcement actions taken against such users during such period. 16 (c) All records relating to compliance with pretreatment standards shall be made 17 available to officials of the EPA or the MD-ls 18 1046.17. Confidentiality of information.
a MDEQ upon request.
19 Information and data on a user obtained from reports, questionnaires, permit applications, 20 permits, monitoring programs and inspections shall be available to the public or any 21 governmental agency without restriction, unless the user specifically requests otherwise 22 and is able to demonstrate to the satisfaction of the City that the release of such 23 information would divulge information, processes or methods of production entitled to 24 protection as trade secrets of the user. 25 When requested by the person furnishing a report, the portion of a report which might 26 disclose trade secrets or secret processes shall not be made available for inspection by the 27 public but shall be made available upon written request to governmental agencies for uses 28 related to this chapter, the NPDES permit or pretreatment programs. However, such 29 portion shall be available for use by the State or any State agency in judicial review or
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DRAFT #3 APRIL 25, 2011 1 2 3 5 6 enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to any notification thereof is given to the user. 1046.18. Suspension of service for harmful discharges.
4 governmental agency or to the general public by the City until and unless a ten-day
7 The City may suspend wastewater treatment service when such suspension is necessary, 8 in the opinion of the City, in order to stop an actual or threatened discharge which 9 presents or may present an imminent or substantial endangerment to the health or welfare 10 of persons or the environment, which causes interference to the POTW or which causes 11 13 the City to violate any condition of its NPDES permit. stop or eliminate the discharge. If the person fails to comply voluntarily with the 12 A person notified of a suspension of the wastewater treatment service shall immediately 14 suspension order, the City shall take such steps as deemed necessary, including 15 immediate severance of the sewer connection, to prevent or minimize damage to the 16 POTW system or endangerment to any individual. The City shall reinstate the wastewater 17 treatment service upon proof of the elimination of the noncomplying discharge. A 18 detailed written statement submitted by the user describing the causes of the harmful 19 contribution and measures taken to prevent any future occurrence shall be submitted to 20 the City within fifteen days of the date of the occurrence. 21 1046.19. Notification of violation. 22 Whenever the City finds that any user has violated or is violating any of the provisions of 23 this chapter or any prohibition or limitation of requirements contained in this chapter, the 24 City may serve upon such person a written notice stating the nature of the violation. 25 Within thirty days of the date of such notice, the user shall submit to the City a plan for 26 the satisfactory correction of such violation. 27 1046.20. Hearings. 28 (a) A user who is subject to enforcement action under this chapter may request a hearing 29 before the Director of Public Service within ten days of receipt of notification of the 30 proposed enforcement action. Such hearing shall concern the violation, the reasons why
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DRAFT #3 APRIL 25, 2011 1 3 the action is to be taken and the proposed enforcement action and shall direct the user to show cause before the Director why the proposed enforcement action should not be taken. 4 (b) The Director may conduct the hearing and take the evidence or may designate any 5 officer or employee to: 6 8 10 11 13 15 (1) Issue, in the name of the Director, notices of hearing requesting the attendance and such hearing; 7 testimony of witnesses and the production of evidence relevant to any matter involved in 9 (2) Take the evidence; and (3) Transmit a report of the evidence and the hearing, including transcripts and other evidence, together with recommendation to the Director for action thereon. recorded stenographically. The transcript, so recorded, shall be made available to any thereof.
12 (c) At any hearing held pursuant to this section, testimony taken must be under oath and 14 member of the public or any party to the hearing upon payment of the usual charges 16 (d) After the Director has reviewed the evidence, he or she may issue an order to the 17 user responsible for the discharge directing that, following a specified time period, the 18 19 21 22 24 26 sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed on existing treatment facilities and unless such devices necessary and appropriate may be issued. (e) The Director shall also establish appropriate surcharges or fees to reimburse the City to the violation. 1046.21. Legal action.
20 or other related appurtenances are properly operated. Further orders and directives as are
23 for additional costs of operation and maintenance of the wastewater treatment works due 25 (f) Any action by the Director may be appealed to Council. 27 If any person discharges sewage, industrial waste or other waste into the City's 28 wastewater disposal system contrary to any of the provisions of this chapter, any Federal 29 or State pretreatment requirement or any order of the City, the City Attorney may 30 commence an action for appropriate legal relief as set forth below:
DRAFT #3 APRIL 25, 2011 1 (a) Civil litigation will be deemed appropriate in the following circumstances: (1) A potential emergency situation which, if unabated, threatens harm to the human 3 health, the environment, or the publicly owned treatment works (POTW) system; 4 (2) When previous formal enforcement efforts, such as a notification of violation (NOV) 5 or an administrative order to show cause (AOSC), have failed to force action on returning 6 a discharger to compliance; or 7 (3) When the City seeks to recover losses incurred due to a noncompliant discharge, or 8 to assess civil fines. 9 (b) Criminal prosecution for a misdemeanor will be deemed appropriate when evidence 10 exists that a major violation or emergency has occurred with criminal intent, severe 11 recurrence, or major aggravation. Such action will be warranted when the user either 12 intended to breach the law or was so indifferent to the nature or implications of its actions 13 15 16 to be criminally negligent. Once the evidence is collected and a decision is made to . Prosecutor. 1046.22. Records of users. 14 proceed with prosecution, the City Attorney will present the evidence to the County
17 All users subject to this chapter shall retain and preserve, for not less than three years, 18 any records, books, documents, memoranda, reports, correspondence and any and all 19 summaries thereto, relating to monitoring, sampling, anEl-chemical analyses, AND 20 COMPLIANCE WITH ANY BMPS made by or on behalf of a user in connection with 21 23 25 26 its discharge. All records which pertain to matters which are the subject of administrative to this chapter shall be retained and preserved by the user until all enforcement activities expired. 1046.23. Falsification; tampering with monitoring device. 22 adjustment or any other enforcement or litigation activities brought by the City pursuant 24 have concluded and all periods of limitation with respect to any and all appeals have
27 No person shall knowingly make any false statement, representation or certification in 28 any application, record, report, plan or other document filed or required to be maintained 29 pursuant to this chapter. No person shall falsify, tamper with or knowingly render 30 inaccurate any monitoring device or method required under this chapter.
DRAFT #3 APRIL 25, 2011 1 3 1046.99. Penalty. attorney's fees, court costs, court reporter's fees and other expenses of litigation, by
2 In addition to the penalty provided in Section 202.99, the City may recover reasonable 4 appropriate suit at law, against any person found to have violated any of the provisions of 5 this chapter or any order, rule, regulation or permit issued hereunder. The City has legal 6 7 authority to seek or assess civil fines in at least the amount of one thousand ($1,000.00) dollars per day pursuant to 40 CFR 403.8(f)(1)(vi)(A), or criminal penalties in at least the
8 amount of five hundred dollars ($500.00) a day for each violation of applicable 9 pretreatment standards and requirements. 10 11 12 13 14 Editor's note: See Section 202.99 for general Code penalty if no specific penalty is provided. Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules inconsistent with the provisions hereof are hereby repealed. Section 3. Should any section, clause or phrase of this ordinance be declared to
15 be invalid, the same shall not affect the validity of the ordinance as a whole, or any part 16 thereof other than the part so declared to be invalid. 17 Section 4. This ordinance shall take effect on the 30th day after enactment, unless
18 given immediate effect by City Council. 19 20 21 22 23 24 25 26 27
BY COUNCILMEMBERS CAROL WOOD AND TINA HOUGHTON RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the R.J. Scheffel Memorial Toy Project produces handcrafted, painted wooden toys which go to children who are disadvantaged or in crisis throughout Clinton, Eaton, and Ingham Counties; and WHEREAS, in January each year, the Lansing Salvation Army, Ele's Place of Lansing and Ann Arbor, the Ronald McDonald House, and St. Vincent de Paul's provide a "wish list" to R.J. Scheffel, who spends the year trying to fulfill those wishes; and WHEREAS, the R.J. Scheffel Memorial Toy Project "elves" craft more than 9,000 toys each year, including cars made specially for pediatric patients at Sparrow Hospital so children can creatively decorate their own car; and WHEREAS, volunteers from the community, with wide ranging skills and backgrounds assist throughout the year, keeping the project moving forward each Monday, Wednesday, and Friday from 8:30 a.m. to 11:30 a.m.; and WHEREAS, the success of the Memorial Toy Project is most notably seen in the multitude of thank you letters that they receive from parents and children, who love their handcrafted toys; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to thank the R.J. Scheffel Memorial Toy Project for their dedication and service to the community and congratulate them on being the recipients of the 2011 South Lansing Business Association's Community Service Award. Many wishes for continued success!
BY COUNCILMEMBERS CAROL WOOD AND TINA HOUGHTON RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, Sarah King sought to create an affordable natural cleaning product that was also environmentally friendly; and WHEREAS, she believes more people would be more environmentally conscious if they could afford to buy natural products; and WHEREAS, two years ago, Sarah started by creating a natural laundry detergent for herself. She received so many requests from friends and family that she decided to sell the all natural environmentally friendly product; and WHEREAS, in 2009, she started her own small business, Grounded, and started selling her products in local markets, including East Lansing Food Cooperative and DeRosas Party Store in Holt; and WHEREAS, Sarah's detergent is a natural extension of her eco-conscious lifestyle; her family hangs their clothes to dry, plants trees to replace dead ones used for firewood, strives to use only cloth napkins instead of paper towels, and buys most of their basic goods locally; and WHEREAS, Sarah "loves the Great Lakes and the woods" and because she enjoys them, she says "I should do something to protect them"; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to congratulate Sarah King on being awarded the 2011 South Lansing Business Association's Business Person of the Year Award. We wish you continued success!
BY COUNCILMEMBERS CAROL WOOD AND TINA HOUGHTON RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, Edwards Photographic Studios was founded in 1961 by Edward Hicks and was originally located on Washington Street in downtown Lansing; and WHEREAS, in 1966, the studio moved to the corner of Cedar and Greenlawn where it stayed until 1990; and WHEREAS, Ron Jones, Sr. joined Edwards Studio in June 1968 after serving in the Marines and fully took over the studio on July 1, 1985; and WHEREAS, Edwards Studio opened in its current location on South Cedar Street five years after Mr. Jones took over; and WHEREAS, Mr. Jones and Edwards Studios are well-known throughout the Lansing metropolitan area for their excellent photography and professionalism, and WHEREAS, he was one of South Lansing Business Association's first members, joining in 1985, and has served two terms as President of the Association; and WHEREAS, in addition to his thriving photography business, Mr. Jones dedicates his free time and services to numerous human service organizations helping to improve the quality of life for battered women and needy children; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to congratulate Ron Jones, Sr. on receiving the 2011 South Lansing Business Association's Lifetime Achievement Award. We wish you continued success in all your future endeavors!
BY COUNCILMEMBER A'LYNNE ROBINSON RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, Chris Swope took his elected position as City Clerk for the city of Lansing in January 2006; and WHEREAS, Mr. Swope served on several local boards at the municipal and county level prior to being elected Clerk, including the Lansing Mayor's Police/Community Relations Advisory Committee, the East Lansing Human Relations Board, and the Clinton-Eaton-Ingham Community Mental Health Board, and served for five years as an Ingham County Commissioner; and WHEREAS, Chris joined the Michigan Association of Municipal Clerks (MAMC) in 2006, completing the Clerks Institute in 2008. He has been a member of the MAMC Legislative Committee since 2006, and serves as a member on the Council of Election Officials (CEO) and has testified before the legislature on MAMC's behalf numerous times; and WHEREAS, Mr. Swope currently serves as the Conference Director on the MAMC Board, and planned the 2009 and 2010 Annual Conferences as well as the MC Region V Conference held last fall, of which he is also a board member; and WHEREAS, Chris is also the Vice President on the board of the Capitol Area Municipal Clerks Association and a member of the Michigan Judges Retirement Board; and WHEREAS, Mr. Swope has completely catapulted the Lansing City Clerk's Office into the 21 st Century by enhancing the City's website, implementing a listserv for the City Council's agendas and minutes, and accomplished a system for posting full City Council packets to the internet for Lansing's residents; WHEREAS, additionally, as City Clerk, Chris has successfully implemented the Electronic Poll Book, more than doubled the number of voters on the permanent absentee voter list, revised the receiving board processes, improved the inspector training program, rearranged precincts reducing the number from 62 to 43 and revised training for voter registration staff, and recently assisted the Bureau of Elections in developing an RFP for maintenance contacts for tabulators and AutoMarks; and WHEREAS, Mr. Swope reaches out to various news media promoting elections and voter registration issues. He has spoken to local groups and given demonstrations on the voter equipment, and worked with legislators helping them understand the needs of the clerk community and the impact of various decisions on clerks and voters; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to commend Chris Swope on his exemplary work as the City of Lansing's Clerk and congratulates him on being awarded the Michigan Association of Municipal Clerk's annual Clerk of the Year.
BY COUNCILMEMBER CAROL WOOD RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, Valencia Stubbs Watts was born to Samuel and Bessie Mae Stubbs on June 13, 1940 in Birmingham, Alabama; and WHEREAS, baptized at a young age by Pastor Coleman, Valencia became a member of the St. Peter Missionary Baptist Church where she worked with the Baptist Training Union (BTU) and volunteered her services as the Sunday School Musician; and WHEREAS, after graduating high school, Valencia married the love of her life, Joseph Watts, Jr. and moved to Detroit, Michigan where they raised four beautiful children; Cheryl D. Lenoir, Joseph S. Watts II, Mark A. Watts, and Valencia T. Watts; and WHEREAS, in mid 1961, the family moved to Lansing and Valencia united with the Friendship Baptist Church, where she continued to volunteer with the Baptist Training Union, as well as showcase her musical talents with the Youth Choir and as a member of the Chancel Choir; and WHEREAS, in October 1968, Valencia transferred to Galilee Baptist Church under the leadership of the late Reverend Charles S. Tolbert, and later served under the leadership of Pastor Kirkland D. Hall, Sr.; and WHEREAS, her selfless attitude was well known within the community, helping others whenever and however she could. and WHEREAS, Valencia recognized that she wanted to help others in a way that she had not been able to before, and enrolled at Lansing Community College to seek career training that would help disadvantaged youth; and WHEREAS, she earned her Associates Degree in Social Work from Lansing Community College, while working a full-time job, and was offered a position with Camp Highfields where her artistic talents allowed her to start a Boys' Choir that not only provided entertainment, but also provided the boys the confidence and inspiration to become productive citizens; and WHEREAS, Valencia's warm and loving heart reached many people throughout her lifetime, and her gift for song will continue to reach those who knew and loved her. She oftentimes would say, "Young people don't know what they're capable of because they've never tried"...and she seemed to always be the person encouraging them to NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to extend its deepest condolences to the family and friends of Valencia Stubbs Watts. She will be dearly missed.
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BY COUNCILMEMBER JESSICA YORKO RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, on May 26, 2011, Lansing Police and Firefighters responded to a house fire in the 500 block of S. Pennsylvania in the early morning hours; and WHEREAS, Officers Jenni Maatman, Jeromy Churchill, Nate Osborn and Sergeant Guy Pace, as a team, quickly assessed the situation and leapt to action; and WHEREAS, Officer Osborn climbed on a front porch railing, reached up through the smoke, where the toddler boys and their parents were trapped and received the children from their dad from the roof of the house with help from three fellow officers; and WHEREAS, when firefighters arrived they were able to use a ladder to rescue the severe but non-life threatening burned father and his wife who suffered no injuries from the roof; and WHEREAS, it was nothing short of an act of true heroism that led Officer Osborn to gauge the situation and recognize his ability to help the trapped family avoid further tragedy; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to extend its deepest appreciation to Officer Nate Osborn, whose bravery went above and beyond the call of duty. Thank you for your dedicated and service to Lansing and its residents.
BY COUNCILMEMBER JESSICA YORKO RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, on May 26, 2011, Lansing Police and Firefighters responded to a house fire in the 500 block of S. Pennsylvania in the early morning hours; and WHEREAS, Officers Jenni Maatman, Jeromy Churchill, Nate Osborn and Sergeant Guy Pace, as a team, quickly assessed the situation and leapt to action; and WHEREAS, Officer Osborn climbed on a front porch railing, reached up through the smoke, where the toddler boys and their parents were trapped and received the children from their dad from the roof of the house with help from three fellow officers; and WHEREAS, when firefighters arrived they were able to use a ladder to rescue the severe but non-life threatening burned father and his wife who suffered no injuries from the roof; and WHEREAS, it was nothing short of an act of true heroism that led Sergeant Pace to gauge the situation and recognize his ability to help the trapped family avoid further tragedy; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to extend its deepest appreciation to Officer Jeromy Churchill, whose bravery went above and beyond the call of duty. Thank you for your dedicated and service to Lansing and its residents.
BY COUNCILMEMBER JESSICA YORKO RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, on May 26, 2011, Lansing Police and Firefighters responded to a house fire in the 500 block of S. Pennsylvania in the early morning hours; and WHEREAS, Officers Jenni Maatman, Jeromy Churchill, Nate Osborn and Sergeant Guy Pace, as a team, quickly assessed the situation and leapt to action; and WHEREAS, Officer Osborn climbed on a front porch railing, reached up through the smoke, where the toddler boys and their parents were trapped and received the children from their dad from the roof of the house with help from three fellow officers; and WHEREAS, when firefighters arrived they were able to use a ladder to rescue the severe but non-life threatening burned father and his wife who suffered no injuries from the roof; and WHEREAS, it was nothing short of an act of true heroism that led Officer Maatman to gauge the situation and recognize her ability to help the trapped family avoid further tragedy; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to extend its deepest appreciation to Officer Jenni Maatman, whose bravery went above and beyond the call of duty. Thank you for your dedicated and service to Lansing and its residents.
BY COUNCILMEMBER JESSICA YORKO RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, on May 26, 2011, Lansing Police and Firefighters responded to a house fire in the 500 block of S. Pennsylvania in the early morning hours; and WHEREAS, Officers Jenni Maatman, Jeromy Churchill, Nate Osborn and Sergeant Guy Pace, as a team, quickly assessed the situation and leapt to action; and WHEREAS, Officer Osborn climbed on a front porch railing, reached up through the smoke, where the toddler boys and their parents were trapped and received the children from their dad from the roof of the house with help from three fellow officers; and WHEREAS, when firefighters arrived they were able to use a ladder to rescue the severe but non-life threatening burned father and his wife who suffered no injuries from the roof; and WHEREAS, it was nothing short of an act of true heroism that led Sergeant Pace to gauge the situation and recognize his ability to help the trapped family avoid further tragedy; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to extend its deepest appreciation to Sergeamt Guy Pace, whose bravery went above and beyond the call of duty. Thank you for your dedicated and service to Lansing and its residents.
BY THE COMMITTEE ON DEVELOPMENT AND PLANNING RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING A RESOLUTION OF THE COUNCIL OF THE CITY OF LANSING, MICHIGAN AUTHORIZING THE SUBMISSION OF A BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE GRANT APPLICATION AND SECTION 108 LOAN GUARANTEE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Lansing has determined that a high priority exists to bring vacant historic buildings in the downtown back into productive use and the Knapp's Building project meets this priority; and WHEREAS, the Knapp's Building project is included in the City's adopted One Year Action Plan of the Consolidated Plan: and WHEREAS, the Brownfield's Economic Development Initiative (BEDI) and the Section 108 Loan Guarantee programs, implemented by the United States Department of Housing and Urban Development (HUD), are designed to provide funds to assist with these types of projects; and WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up to five times its annual Community Development Block Grant allocation, and can take up to twenty years to repay the principal and interest; and WHEREAS, the City is requesting a total of $2,000,000 in BEDI funds and $5,900,000 in Section 108 Loan Guarantee funds to assist with the development project; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Lansing resolves as follows: SECTION 1. The City hereby certifies and assures with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it poses the legal authority to make the pledge of grants required under 24 CFR 570105 (b) (2). SECTION 2. As prerequisites for submission of the application to HUD, the City certifies that it has: Furnished citizens with information required by Section 570.704(a) (2)(i) of (a) Title 1 of the Housing and Community Development Act of 1974, as amended; Held at least one public hearing, on May 10, 2010, to obtain the views of (b) citizens on community development and housing needs; and
(c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of Title 1 of The Housing and Community Development Act of 1974, as amended, and made the application available to the public. SECTION 3. The City has and will continue to follow a detailed citizen participation plan that meets the requirements described in Section 570.704(a)(2) of Title 1 of the Housing and Community Development Act of 1974, as amended. SECTION 4. The City has and will continue to affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. (a) 2000d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-20).
SECTION 5. Will expend in the aggregate, at least 70 percent of all CDBG funds, as defined in Section 570.303(e) of Title 1 of The Housing and Community Development Act of 1974, as amended, during the one, two, or three consecutive years specified by the City for its CDBG program on activities which benefit low/moderate income persons, as described in criteria in Section 570.208(a) of the Act. SECTION 6. The City has and will continue to comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low and moderate income housing described in Section 570.606. SECTION 7. The City has and will continue to comply with other provisions of the Act and with other applicable laws. SECTION 8. The City has and will continue to Certify regarding debarment, suspension, and other responsibility as follows: The prospective recipients of the Section 108 Loan Guarantee funds and (a) all of their contractors will certify to the best of their knowledge and belief, that they: 1). Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2). Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3). Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)2 of this certification; and 4). Have not within a three year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. SECTION 9. The City hereby assures and certifies with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it has made efforts to obtain financing for the activities described herein without the use of such guarantee, that it will maintain documentation of such efforts for the term of the loan guarantee, and that it cannot complete such financing consistent with the timely execution of the program plans without such guarantee. The City has and will continue to hereby certify, to the best SECTION 10. of its knowledge and belief, the following: No Federal appropriated funds have been paid or will be paid, by or on (a) behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any or cooperative agreement, and the extension, continuation, renewal amendment, or modification of any /Federal contract, grant, loan or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will (b) be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph (a) of this certification be (c) included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. SECTION 11. Continue to maintain a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture, (a) dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of such prohibition; Establishing an ongoing drug-free awareness program to inform (b) employees about the following: 1). The dangers of drug abuse in the workplace; 2). The grantee's policy of maintaining a drug-free workplace; 3). Any available drug counseling, rehabilitation, and employee assistance programs; and 4). The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Making it a requirement that each employee engaged in grant activity be (c) given a copy of the statement required by paragraph (a). Notifying the employee in the statement required by paragraph (a) that, as (d) a condition of employment under the grant, the employee will: 1). Abide by the terms of the statement; and 2). Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. Taking one of the following actions, within 30 calendar days of receiving (f) notice under paragraph (d)2, with respect to any employee who is so convicted: 1). Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2). In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such
purpose by a Federal, State or local health, law enforcement, or other appropriate agency. SECTION 12. The Mayor is authorized to submit the BEDI grant application and the Section 108 Loan Guarantee application and amendments thereto and all understandings and assurances contained therein, and to act in connection with the application to provide such additional information as may be required. SECTION 13. This Resolution shall be effective immediately upon its adoption.
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BY THE COMMITTEE OF DEVELOPMENT AND PLANNING RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING SLU-1-2011 300 N. Frandor Avenue Wireless Communication Tower in the "F" Commercial District WHEREAS, the applicant, Crown Castle USA, has requested a Special Land Use permit (SLU1-2011) to construct a wireless communication tower at 300 N. Frandor Avenue, and has provided all information required by Section 1298.07 of Ordinance No. 1138; and WHEREAS, the property is zoned "F" Commercial District where wireless communication towers are permitted subject to obtaining a special land use permit; and WHEREAS, a review was completed by staff evaluating the character, location and impact this proposal would have on the surrounding area and the impact on the environment, utilities, services and compliance with the Zoning Code and objectives of the Comprehensive Plan; and WHEREAS, the Planning Board held a public hearing on April 5, 2011, at which time the applicant's representative spoke in favor of the request and no other comments were received; and WHEREAS, the Planning Board (based upon testimony, evidence and the staff report) at its April 5, 2011 meeting, voted unanimously (4-0) to recommend approval of SLU-1-2011 to permit a wireless communication tower at 300 N. Frandor Avenue, with certain conditions; and WHEREAS, the City Council held a public hearing regarding SLU-1-2011 on May 23, 2011; and WHEREAS, the Committee on Development and Planning has reviewed the report and recommendation of the Planning Board and concurs therewith; and WHEREAS, the ordinance regulating wireless communication towers requires a setback of 149.5 feet from the north and west property lines at 300 N. Frandor Avenue, and a separation distance of 1,500 feet between towers in excess of 75 feet in height; and WHEREAS, the applicant is proposing a setback of 60 feet from the north property line, 23 feet from the west property line, a separation distance of 1,045 feet between the proposed tower and the existing tower 500 foot high guyed tower to the west and a separation distance of 1,225 feet between the proposed tower and the 105 foot high monopole tower to the northwest; and WHEREAS, the Lansing City Council hereby determines that the goals of the wireless communication tower ordinance can be met by allowing the reduced setbacks and separation distances; NOW THEREFORE BE IT RESOLVED that the Lansing City Council hereby approves SLU-12011, for a wireless communication tower at 300 N. Frandor Avenue, as depicted on the plans dated 2/4/11, with the following conditions: 1. The proposed monopole tower shall provide for a co-location of at least 4 antennas, and
2. 3.
The tower shall not interfere with telemetry communications of local hospitals and emergency services. The tower shall have a setback of 60 feet from the north property line, 23 feet from the west property line, a separation distance of 1,045 feet between the proposed tower and the existing tower 500 foot high guyed tower to the west and a separation distance of 1,225 feet between the proposed tower and the 105 foot high monopole tower to the northwest; and
BE IT FURTHER RESOLVED that this Special Land Use permit shall remain in effect only so long as the petitioner fully complies with this resolution, and if the petitioner fails to comply, the Special Land Use permit may be terminated by City Council Resolution. BE IT FINALLY RESOLVED that in granting this request with conditions, the City Council has considered the factors listed in Section 1298.07(B)(2), and determines the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. The proposed wireless communication tower is compatible with the essential character of the surrounding area, as designed. The proposed wireless communication tower will not change the essential character of the surrounding area. The proposed wireless communication tower will not interfere with the general enjoyment of adjacent properties. The proposed wireless communication tower will not impact adjacent properties as it will not be detrimental to the use or character of the property under consideration. The proposed wireless communication tower will not impact the health, safety and welfare of persons or property in the surrounding area. The proposed wireless communication tower can be adequately served by essential public facilities and services. The proposed wireless communication tower will not place any demands on public services and facilities in excess of current capacities. The proposed wireless communication tower is consistent with the intent and purposes of the Zoning Code and in conformance with the master plan. The proposed wireless communication tower will comply with the requirements of the "F" Commercial District.
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BY THE COMMITTEE ON DEVELOPMENT AND PLANNING RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the Mayor made the appointment of Colin Maguire as an At-Large Member to the Planning Board for a Term to Expire June 30, 2014; and WHEREAS, the Development and Planning Committee met on June 22, 2011 and took affirmative action; NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms the appointment of Colin Maguire as an At-Large Member to the Planning Board for a Term to Expire June 30, 2014.
BY THE COMMITTEE ON DEVELOPMENT AND PLANNING RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING Neighborhood Enterprise Zone Property Tax Abatement Certificate Approval for 1323 Wickham Dr, Lansing, Michigan 48906. WHEREAS, the proposed property is located within a Neighborhood Enterprise Zone established by resolution # 2009-036 adopted February 23, 2009; and WHEREAS, an application was filed with the City of Lansing on March 9, 2011 by Allen Edwin Homes, for a project located at 1323 Wickham Dr, Parcel Code # 33-01-01-15132-049, Michigan, 48906 in Neighborhood Enterprise Zone No. 24, requesting a Neighborhood Enterprise Zone Certificate; and WHEREAS, the primary use of the property will be home owner occupied housing; and WHEREAS, the City wishes to encourage residential housing in areas that are economically distressed through the use of Public Act 147 of 1992 as amended and recognizes that use of the NEZ program is a vital resource to further the goals of creating residential opportunities and redevelopment in the City of Lansing's urban core areas and promoting new construction and rehabilitation of existing buildings for the purpose of creating unique residential housing; NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council acknowledges receipt of the application filed by Allen Edwin Homes, for 1323 Wickham Dr, Parcel Code # 33-01-01-15-132-049, Michigan, 48906 and finds that it complies with the requirements of Public Act 147 of 1992 as amended. BE IT FURTHER RESOLVED that City Council finds that the application meets the requirements necessary for approval of an NEZ Certificate so that it hereby approves the issuance of a Neighborhood Enterprise Zone Certificate for 1323 Wickham Dr, Parcel Code # 33-01-01-15-132-049, Michigan, 48906 in Zone No. 24 for a period not to exceed 12 (twelve) years. BE IT FINALLY RESOLVED, that the City Clerk provides three certified copies of this resolution to the Lansing Economic Development Corporation for submission of this action to the State Tax Commission.
BY THE COMMITTEE ON DEVELOPMENT AND PLANNING RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING Neighborhood Enterprise Zone Property Tax Abatement Certificate Approval for 1408 Wickham Dr, Lansing, Michigan 48906. WHEREAS, the proposed property is located within a Neighborhood Enterprise Zone established by resolution # 2009-036 adopted February 23, 2009; and WHEREAS, an application was filed with the City of Lansing on March 9, 2011 by Allen Edwin Homes, for a project located at 1408 Wickham Dr, Parcel Code # 33-01-01-15132-026, Michigan, 48906 in Neighborhood Enterprise Zone No. 24, requesting a Neighborhood Enterprise Zone Certificate; and WHEREAS, the primary use of the property will be home owner occupied housing; and WHEREAS, the City wishes to encourage residential housing in areas that are economically distressed through the use of Public Act 147 of 1992 as amended and recognizes that use of the NEZ program is a vital resource to further the goals of creating residential opportunities and redevelopment in the City of Lansing's urban core areas and promoting new construction and rehabilitation of existing buildings for the purpose of creating unique residential housing; NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council acknowledges receipt of the application filed by Allen Edwin Homes, for 1408 Wickham Dr, Parcel Code # 33-01-01-15-132-026, Michigan, 48906 and finds that it complies with the requirements of Public Act 147 of 1992 as amended. BE IT FURTHER RESOLVED that City Council finds that the application meets the requirements necessary for approval of an NEZ Certificate so that it hereby approves the issuance of a Neighborhood Enterprise Zone Certificate for 140.8 Wickham Dr, Parcel Code # 33-01-01-15-132-026, Michigan, 48906 in Zone No. 24 for a period not to exceed 12 (twelve) years. BE IT FINALLY RESOLVED, that the City Clerk provides three certified copies of this resolution to the Lansing Economic Development Corporation for submission of this action to the State Tax Commission.
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BY THE COMMITTEE ON DEVELOPMENT AND PLANNING RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING Neighborhood Enterprise Zone Property Tax Abatement Certificate Approval for 501 Worthington Dr, Lansing, Michigan 48906. WHEREAS, the proposed property is located within a Neighborhood Enterprise Zone established by resolution # 2009-036 adopted February 23, 2009; and WHEREAS, an application was filed with the City of Lansing on March 9, 2011 by Allen Edwin Homes, for a project located at 501 Worthington Dr, Parcel Code # 33-01-01-15132-034, Michigan, 48906 in Neighborhood Enterprise Zone No. 24, requesting a Neighborhood Enterprise Zone Certificate; and WHEREAS, the primary use of the property will be home owner occupied housing; and WHEREAS, the City wishes to encourage residential housing in areas that are economically distressed through the use of Public Act 147 of 1992 as amended and recognizes that use of the NEZ program is a vital resource to further the goals of creating residential opportunities and redevelopment in the City of Lansing's urban core areas and promoting new construction and rehabilitation of existing buildings for the purpose of creating unique residential housing; NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council acknowledges receipt of the application filed by Allen Edwin Homes, for 501 Worthington Dr, Parcel Code # 33-01-01-15-132-034, Michigan, 48906 and finds that it complies with the requirements of Public Act 147 of 1992 as amended. BE IT FURTHER RESOLVED that City Council finds that the application meets the requirements necessary for approval of an NEZ Certificate so that it hereby approves the issuance of a Neighborhood Enterprise Zone Certificate for 501 Worthington Dr, Parcel Code # 33-01-01-15-132-034, Michigan, 48906 in Zone No. 24 for a period not to exceed 12 (twelve) years. BE IT FINALLY RESOLVED, that the City Clerk provides three certified copies of this resolution to the Lansing Economic Development Corporation for submission of this action to the State Tax Commission.
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BY THE COMMITTEE ON DEVELOPMENT AND PLANNING RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING Neighborhood Enterprise Zone Property Tax Abatement Certificate Approval for 504 Worthington Dr, Lansing, Michigan 48906. WHEREAS, the proposed property is located within a Neighborhood Enterprise Zone established by resolution # 2009-036 adopted February 23, 2009; and WHEREAS, an application was filed with the City of Lansing on March 9, 2011 by Allen Edwin Homes, for a project located at 504 Worthington Dr, Parcel Code # 33-01-01-15132-036, Michigan, 48906 in Neighborhood Enterprise Zone No. 24, requesting a Neighborhood Enterprise Zone Certificate; and WHEREAS, the primary use of the property will be home owner occupied housing; and WHEREAS, the City wishes to encourage residential housing in areas that are economically distressed through the use of Public Act 147 of 1992 as amended and recognizes that use of the NEZ program is a vital resource to further the goals of creating residential opportunities and redevelopment in the City of Lansing's urban core areas and promoting new construction and rehabilitation of existing buildings for the purpose of creating unique residential housing; NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council acknowledges receipt of the application filed by Allen Edwin Homes, for 504 Worthington Dr, Parcel Code # 33-01-01-15-132-036, Michigan, 48906 and finds that it complies with the requirements of Public Act 147 of 1992 as amended. BE IT FURTHER RESOLVED that City Council finds that the application meets the requirements necessary for approval of an NEZ Certificate so that it hereby approves the issuance of a Neighborhood Enterprise Zone Certificate for 504 Worthington Dr, Parcel Code # 33-01-01-15-132-036, Michigan, 48906 in Zone No. 24 fora period not to exceed 12 (twelve) years. BE IT FINALLY RESOLVED, that the City Clerk provides three certified copies of this resolution to the Lansing Economic Development Corporation for submission of this action to the State Tax Commission.
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BY THE COMMITTEE OF THE WHOLE RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING SNOW AND ICE REMOVAL ASSESSMENT ROLL WINTER 2010-11 WHEREAS, pursuant to Chapter 1020.06, Snow and Ice, adopted by this Council, the City Assessor has completed the assessment roll for removal of snow and/or ice adjacent to certain properties within the City. WHEREAS, the owners of these properties were given proper notice in accordance with Chapter 1020.06(c)(1) to remove the snow and/or ice from the public sidewalk adjacent to their property. WHEREAS, the owners failed to remove snow and/or ice from the public sidewalk requiring the City to remove snow and/or ice from the public sidewalk. WHEREAS, the City incurred costs for the removal of snow and/or ice, which it is required to recover in accordance with Chapter 1020.06(c)(2). WHEREAS, pursuant to Chapter 1020.06, the fees for those costs were adopted by Council. WHEREAS, those costs incurred between October 1, 2010 and April 1, 2011, by the City total $21,337.38. NOW, THEREFORE, BE IT RESOLVED the Lansing City Council will hold a public hearing on Monday, July 18, 2011 at 7:00 PM, in the Council Chambers, to review, prior to confirmation, said assessment roll; and BE IT FURTHER RESOLVED, that the City Clerk is hereby requested to give due notice of this public hearing as provided by Chapter 1026, Section 1026.06(b) and (c), of the Code of Ordinances by publishing a notice of a public hearing in a daily newspaper of the City, not more than twenty days and not less than ten days before such public hearing. In addition, the Clerk shall give notice of hearings in special assessment proceedings to each owner of, or party in interest in, property to be assessed, whose name appears upon the last local tax assessment records, by first class mail addressed to such owner or party at the address shown on the tax records, at least ten days before the date of such hearing. Said notices shall include the time and place of the hearing; a description of the properties determined by the Director of Public Service to have violated Chapter 1020.06 which are contained in the special assessment roll; where the special assessment roll is on file with the City Clerk and may be examined at the City Clerk's office;
BE IT FURTHER RESOLVED, that any person aggrieved by the assessments as contained in the special assessment roll, or the necessity of the removal of snow and ice, may file a written objection thereto which must be delivered to the City Clerk prior to the close of the hearing, or the person may appear and protest the same at the public hearing in person or by his or her representative; that the appearance and protest or written protest in the manner described is required if the person desires to appeal the amount of the assessment to the Michigan Tax Tribunal; FUTHER BE IT RESOLVED, that pursuant to the requirement of 1962 PA 162, as amended, a written appeal of the Special Assessment may be made to the Michigan Tax Tribunal, 611 West Ottawa St., P.O. Box 30232, Lansing, MI 48909; if filed within thirty days after confirmation of the special assessment roll and if the Special Assessment was protested at this hearing. BE IT FINALLY RESOLVED the Lansing City Council appropriate funds to account for any reduction in fees.
PASSAGE OF ORDINANCE An Ordinance of the City of Lansing to amend Chapter 1426, Sections 1 through 99, of the Lansing Codified Ordinances, "Adoption of 1994 Edition of Uniform Mechanical Code", by adopting the most recent version of the Michigan Mechanical Code Is read a second time by its title. The Ordinance was reported from the Committee on General Services and is on the order of immediate passage. By Council Member Wood
COUNCIL MEMBER DUNBAR HEWITT HOUGHTON JEFFRIES QUINNEY ROBINSON WOOD YORKO
YEAS
NAYS
ADOPTED
- FAILED
DRAFT #4 APRIL 25, 2011 1 2 ORDNANCE NO. AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND
3 CHAPTER 1426, SECTIONS 1 THROUGH 99, OF THE LANSING CODIFIED 4 ORDINANCES, "ADOPTION OF 1994 EDITION OF UNIFORM MECHANICAL CODE," 5 BY ADOPTING THE MOST RECENT VERSION OF THE MICHIGAN MECHANICAL CODE. 7 8 THE CITY OF LANSING ORDAINS: Section 1. That Chapter 1426, Sections 1 through 99, of the Codified Ordinances of the
9 City of Lansing, Michigan, be and is hereby amended to read as follows: 10 11 12 1426.01. Adoption of 1994 Edition of Uniform MICHIGAN Mechanical Code; scopc; rcfcrcnccs and citations; conflict of laws.
fal .
PURSUANT TO THE AUTHORITY VESTED IN THE CITY BY PUBLIC ACT 230 OF
13 1972 (REFERRED TO IN THIS CHAPTER AS THE ACT OR THE STILLE-DeROSSETT14 HALE SINGLE STATE CONSTRUCTION ACT), AS AMENDED, BEING MCL 125.1501 ET 15 SEQ., THE CITY HEREBY ASSUMES RESPONSIBILITY FOR ADMINISTRATION AND 16 ENFORCEMENT, WITHIN THE CITY'S JURISDICTIONAL BOUNDARIES, OF THE ACT 17 AND THE STATE-APPROVED MICHIGAN MECHANICAL CODE. 18 (b) REFERENCES THROUGHOUT THE LANSING CODE OF ORDINANCES TO THE 19 MECHANICAL CODE OR THE NATIONAL MECHANICAL CODE SHALL BE DEEMED 20 TO MEAN THE STATE-APPROVED MICHIGAN MECHANICAL CODE. 21
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UNLESS OTHERWISE EXPRESSLY PROVIDED, IN THE EVENT OF A CONFLICT
22 BETWEEN ANY OF THE PROVISIONS OF THE STATE-APPROVED MICHIGAN 23 MECHANICAL CODE AND ANY OF THE LANSING CODIFIED ORDINANCES OR ANY 1
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DRAFT #4 APRIL 25, 2011 1 OTHER LOCAL RULE OR REGULATION, THE STATE-APPROVED MICHIGAN 2 MECHANICAL CODE SHALL CONTROL. 3
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EXCEPT AS OTHERWISE PROVIDED IN THE ACT, THE ACT DOES NOT LIMIT OR
4 RESTRICT EXISTING POWERS OR AUTHORITY OF THE CITY, AND THE ACT SHALL 5 BE ENFORCED BY THE CITY IN THE MANNER PRESCRIBED BY LOCAL LAW TO 6 THE EXTENT NOT INCONSISTENT WITH THE ACT. LOCAL LAWS RELATING TO 7 THE ADMINISTRATION AND ENFORCEMENT OF MECHANICAL REGULATIONS 8 ENACTED BEFORE THE EFFECTIVE DATE OF THE STATE-APPROVED MICHIGAN 9 MECHANICAL CODE ARE APPLICABLE TO ADMINISTRATION AND ENFORCEMENT 10 OF THE STATE-APPROVED MICHIGAN MECHANICAL CODE BY THE CITY. 11 (a) That certain code, an official copy of which is on file in the office of the City Clerk, being 12 marked and designated as the International Mechanical Code, 1998 edition, including Appendix 13 Chapter A, published by the International Codc Council, is hereby adopted and made a part of 14 15 and the Home Rule Act (M.C.L.A. 117.1 et seq.), as amended. Such Mechanical Codc provides 16 regulations for the erection, installation, alteration, repair, relocation, replacement, addition to,
17 use and maintenance of h ting, ventilating, comfort cooling and refrigeration systems, 18 19 20 deemed adopted and made a part hcrcof by reference as if fully set out in this chapter, save and 21 except such provisions as may be hereinafter amended or repealed.
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22 (b) References throughout these Codified Ordinances to the International Mechanical Codc 23 shall be deemed to m in the International Mechanical Codc adopted in subsection (a) hcrcof and 2
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DRAFT #4 APRIL 25, 2011 1 eughout these Codified Ordinances to the Mechanical Codc of
2 the City shall be deemed to m an thi 3 4 to the Building Code of the City shall be deemed to mean all of the provisions of Titles Two and 5 6 7 8 Codified 9 _
Ord in
ances, and it may be so cited. '-.
10 provisions of the International Mechanical Codc, herein adopted, and a provision of this chapter, 11 -
12 rule or regulation, the local provision shall control. In the event of a conflict between any of the 13 provisions of the International Mechanical Codc, herein ado 14 and regulations promulgated pursuant to State law, the State law shall control. In the event of a 15 16 17 higher standard shall control.
18 (d) The City adopts by reference the latest edition of the Description of Ventilation Systems for 19 20 21 22 and Vents of the 1997 edition of the International Fuel Gas Codc published by the International 23 Code Council and the American Gas Association. 3
Service Sanitation Section.
DRAFT #4 APRIL 25, 2011 1 1426.02. Mechanical board; establishment; composition; appointments; terms.
2 There is hereby established a Mechanical Board in and for the City. The Board shall be 3 composed of five members appointed by the Mayor with the advice and consent of Council. 4 Except as otherwise provided, four members shall be licensed mechanical contractors 5 representing the following groups: 6 (a) Residential heating and air conditioning contractors;
7 (b) Commercial heating and air conditioning contractors; 8 9 (c) Refrigeration contractors; and (d) Industrial mechanical contractors. -
10 The fifth member shall be any resident of the City. The Mayor, with the advice and consent of 11 Council, may appoint a second unlicensed person to serve on the Board when a licensed
12 mechanical contractor is not available. Not more than two unlicensed persons shall serve on the 13 Board at the same time. Members shall serve for terms of four years each and such terms shall 14 commence on July 1 of the calendar year. 15 All vacancies thereafter are to be filled by the Mayor with the advice and consent of Council. 16 The Chief Mechanical Inspector shall serve as a liaison between the Manager of Office of 17 Building Safety and the Board and is hereby authorized to attend all meetings in a nonvoting 18 capacity. The Chief Mechanical Inspector shall also serve as Board Secretary. 19 20 21 22 1426.03. Authority of board. The Mechanical Board shall consider all proposed amendments of this Mechanical Code, promulgated to safeguard the standards of mechanical construction within the City, and shall submit the same to the Mayor and Council.
4
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DRAFT #4 APRIL 25, 2011 1 If a vacancy occurs in the office of the Chief Mechanical Inspector, the Board may submit names 2 of persons to the HUMAN RESOURCES Personnel and Training Department for consideration. 3 The City may appoint any qualified person to the office of Chief Mechanical Inspector, whether 4 or not the person was on the list submitted by the Board. The Chief Mechanical Inspector shall 5 have six years of experience in the mechanical construction industry as a mechanical contractor 6 or engineer. The Chief Mechanical Inspector shall be licensed as a contractor in one or more of 7 the following categories: 8 (a) Hydronic heating and cooling and process piping; 9 (b) Heating, ventilation and air conditioning equipment; 10 11 (c) Limited service, heating or refrigeration; or (d) Unlimited service, heating or refrigeration.
12 The Chief Mechanical Inspector shall make application for registration as a mechanical inspector 13 and plan reviewer in accordance with Act 54 of the Public Acts of 1986, as amended, within 30 14 days of employment. 15 In addition to the powers provided to advisory boards by the City Charter, the Board shall advise 16 the Chief Mechanical Inspector on all matters pertaining to rules and regulations and to 17 interpretations and application of this chapter. Appeals regarding any rules and regulations or 18 provisions of the International MICHIGAN Mechanical Code, or of any interpretation thereof, 19 shall be submitted to the Mechanical Board of Appeals established pursuant to this section and 20 Section 110 109 of the MICHIGAN Mechanical Code. 21 1426.04. Mechanical work; license and registration of license required; exceptions.
22 (a) No person shall engage in the business of, or contract for or perform, mechanical work, 23 unless the person or a designated employee or officer thereof has a current State mechanical 5
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DRAFT #4 APRIL 25, 2011 1 contractor's license issued by the State Department of Labor, and has first registered the license
2 with the Office of Building Safety, except that any person employed by and working under the 3 direction of a holder of a valid State mechanical contractor's license, registered in the City, shall
4 not be required to register a license to perform any mechanical work in the City. 5 A licensed mechanical contractor shall be registered with the Office of Building Safety only after 6 payment of a fee as established by THE FORBES MECHANICAL CONTRACTORS ACT, 7 BEING MCL 338.971 ET SEQ. resolution of Council.
8 Each registration with the Office of Building Safety shall expire on the same date the State 9 10 11 mechanical license expires. (b) If a partnership, association or corporation is registered with the City pursuant to subsection (a) hereof, in the name of a designated employee or officeR qualified by being the holder of a
12 State mechanical contractor's license, and that employee or officer ceases to be an employee or 13 officer of such partnership, association or corporation, the partnership, association or corporation
14 shall have 90 days after the registrant ceases to be an officer or employee in which to designate 15 and register another officer or employee under subsection (a) hereof. The Office of Building 16 17 18 19 Safety shall be notified, in writing, of the designation. If an individual properly registered pursuant to subsection (a) hereof ceases to do business as a mechanical contractor and sells his or her business interest to another individual, partnership, association or corporation, the buyer shall have 90 days to register or to designate register
20 another person, employee or officer under subsection (a) hereof. The Office of Building Safety 21 shall be notified, in writing, of the designation.
22 (c) Nothing contained in this section shall prohibit any bona fide owner from personally doing 23 any work regulated by this chapter in his or her own home or IN OTHER BUILDINGS OR -6S: Attorney_Staff ORDINANCES\Housing Code\Adoption of International Property Maintenance Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.11.doc
DRAFT #4 APRIL 25, 2011 1 2 3 STRUCTURES ON HIS OR HER OWN PROPERTY on tho pre: Wises at which he or she presently resides or is about to reside, provided that such owner: (1) Furnishes a signed affidavit;
4 (2) Applies for and secures a permit; 5 (3) Pays the required fees;
6 (4) Does the work in accordance with this chapter; 7 (5) Does the work himself or herself; 8 (6) Applies for inspections; and
9 (7) Receives the approval of the Chief Mechanical Inspector or his or her authorized 10 11 representative. Homeowners' privileges shall extend to single-family residences only and shall not apply to any
12 residence or structure from which any monetary gain is being received or which is being used for 13 commercial purposes.
14 Only one homeowners' permit shall be issued for any one purpose in a 12-month period. 15 16 17 18 19 20 21 22 23 A person shall possess [a] mechanical contractor's license pursuant to the provision of Act No. 192 of the Public Acts of 198'1, as amended, being 338.971 et seq. of the Michigan Compiled Laws, to install all mechanical equipment rc_ 7
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1426.05. Permit required. (Repealed) Editor's note: Section 1426.05 was repealed by implication by Ordinance 806, passed July 31, 1989.
The International Mechanical Code adopted by Section 1 1126.01 is hereby amended as follows:
1
2 3
Section 101.1 is hereby amended by adding, City of Lansing, Michigan, in the brackets. hanical Inspection is hcrcby amended by amending Section
103.3 Deputies by adding the following language:
4 The Mechanical Officials shall possess a Mechanical Inspector's Registration issued under Act. 5 No. 54 of the Public Acts of 1986, being 338.2301 ct seq. of the Michigan Compiled Laws. 6 7 8 9 standards, or othcr recognized materials, or testing, as required by the official, to r ach a -
10 resolution that would meet the intent of the Mechanical Code. Assistance [Assistants] shall not 11 hold the Mechanical Official liable for any work performed. The Mechanical Official may 12 13 solution to the issue by use of appropriate Codc sections, or by acceptable reference standards, or
14 by ordering testing of cquipmcnt or by other Codc standards. Decisions made by the Mechanical 15 Official arc subject to appeal through the Mechanical Board of App is, and the Office Manager 16 wing Safety. 17 18 19 ion. The Chief Mechanical Official or assistant may when
Section 103 Department of Mechanical Inspection is hcrcby amended by adding a new Section
20 summoned by the City of Lansing Fire Marshall assist in fire investigations involving 21 mechanical equipment of appliances. 22
Section 101.1 Inspections is hereby amended by adding the following text:
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DRAFT #4 APRIL 25, 2011 1 2 bccomc null and void if the work authorized by such permit is not commenced, and a final 3 inspection completed within 180 days of the issue date, or if the work authorized by such permit 4 is suspended or abandoned at any time after the work is commenced, or for any reason the work 5 was not completed and the final inspection completed within the 180 day period, the permit shall 6 bccomc null and void. Before such work can be recommenced, a new permit shall first be 7 obtained, and the fee therefor shall be one half the amount required for a new permit for such 8 work, provided that no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not 10 11 renew action on a permit after expiration, the pcrmittec shall pay a new full permit fcc. See Ord. 12 13 14 15 16 107.1 for further requirements. . y adding a new paragraph 105.5 Approval: Section 105.5 Approval. Approval as a result of an inspection shall not [be] construed to be an approval of a violation of the provisions of this Co ordi
17 provisions of this Codc or of other codes/ordinances of the jurisdiction shall not be valid. 18 19 To obtain mechanical permits, and applicant shall be either of the following: 20 (a) A mechanical contractor who has obtained a license issued pursuant to Act No. 192 of the 21 Public Acts of 1984, as amended, being 338.971 ct seq. of the Michigan Compiled Laws with 22 appropriate classifications.
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r.7
2 obtained and who shall install the mechanical equipment as certified by the homeowner's 3 affidavit as indic
4 (c) A person who has obtained a boiler installer license pursuant to Act No. 290 of the Public 5 6 a permit for the installation of a st am or hot water boiler which is located in a private residence
7 or in an apartment building with a capacity of less than six families. Six families and more, or 8 commercial work, shall obtain a permit from the State Boiler Division and a second permit from 9 the City of Lansing Building Safety Office for venting, process pipe, gas piping and combustion 10 11 12 13
Section 106.2is hereby amended by deleting Section 106.2 and replacing it with the following
text: Section 106.2 Permits Not Required. Permits shall not be required for the following items:
14 (a) A portable heating or gas appliance. 15 16 (b) Portable ventilation equipment. (c) A portable cooling unit.
17 (d) A minor part that is replaced if the replacement does not affect equipment approval or make 18 19 it unsafe. (c) A portable evaporative cooler.
20 (f) Self contained refrigeration equipment and a window type air conditioner that is not more 21 than 1.5 horsepower.
- 10
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DRAFT #4 APRIL 25, 2011 1 (g) A boiler or pressure vessel fo : hick a pe^^^.it 1., Lequ^^ed by Secticn[c] 17 and 18 of Act No.
2 290 of the Public Acts of 1965, as amended, being 408.767 and 408.768 of the Michigan 3 Compiled Laws. 4 t does not requiring [require] connection to a flue, such as an oil stove and
5 a heater equipped with a wick. 6 (i) A portable gas burner that has inputs of less than 30,000 btu's per hour.
7 Gas piping replacement limited to ten feet and not more than six fittings. 8
a-
9 The Code Official may require the submission and approval of plans an 10 the nature and extent of the proposed work before a permit is issued. If, in the course of the 11 12 permit has been issued, amended plans and specifications shall be submitted and, if approved, a 13 supplementary permit may be issued to cover the change after the same conditions required to 14 secure the original permit have bccn satisfied. 15 16 the Administrative Authority to determine conformance with the provisions of the Code after the 17 18 19 20 21 22 following text: resolution of council. application has bccn filed and the application fee paid.
11
DRAFT #4 APRIL 25, 2011 1 All fcc refunds shall be in acccrdancc with Schedule B Mechanical Fee, adopted by resolution by 2 City Council. 3 4 cnd of 10 5 6 mechanical system to remain accessible and exposed for inspection purposes. Neither the 7 Building Official nor the jurisdiction shall be liable for expense entailed in the removal or 8 replacement of any material required to permit inspection. When the installation of a mechanical 9 system is complete, final inspection shall be made within 180 days of permit issuance, or a 10 written request will have to be made for extension. 11 12 ng Official. Systems installed without authorization/permits may . Testing is hereby amended by adding the following paragraph to the
13 have the energy fuel supply disconnected by the Mechanical Official after written notice. 14 15 The Code Official may revoke approval if the Official determines that the equipment fails to 16 17 18 circumstances. 19 20 text: . ;.g eleting Sections 08.4 and replacing it with the following conform to the installation instructions or [of] the Code and the equipmen
.
-, : - - - .
e-
21 Any violation of this Mechanical Code of which the Code Official or his/her authorized 22 23 shall be corrected within the time limit specified on the written notice. Failure to comply with 12
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DRAFT #4 APRIL 25, 2011 1 2 3 4 this section isa violation of this Mechanical Code, and shall subject the violator to a the pcnaltics prescribed in Section 1126.99 of this ordinance [title]. . a permit is being performed without first obtaining said permit.
5 A notice of violation may be issued by the Mechanical Official for mechanical work in progress 6 7
8
.'
. - - -rgcncy work was being performed.
Section 108 Violations ishereby amended by deleting the last sentence in Section 108.5 and
9 10 11 12 13 14 text: be subject to the penalties prescribed in Section 1126.99 of this ordinance [title]. deleting Section 109.2 and replacing it with the following
15 The membership of the Mechanical Board shall be in accordance with Section 1426.02 of the 16 City of Lansing Codified Ordinances.
17
Section 109 is hereby amended by deleting Section 109.2.1 and replacing it with the following text:
18
19 The qualifications of the Mechanical Board of Appeals shall be established in Section 1426.03 of 20 the City of Lansing Codified Ordinances.
21
Section 110. BoardofA ppcals ishereby amended as follows: ! .:: ,.
22 23
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1 and
is horoby created a Beard of App is consisting of members who arc qualified by experience
2 and training to pass upon matters pertaining to mechanical design, construction and maintenance 3 and the public h alth aspects of mechanical systems, and who arc not employees of the City. The 4 5 Board, but shall have no vote upon any matter bcforc the Board. The Board of App als shall be 6 appointed by Council and shall hold office at its pl asurc. The Board shall adopt rules of 7 8 9 10 Any violation of this Mechanical Code of which the Chief Mechanical Inspector or his or her 11 12 13 Mechanical Codc and shall subject the violator to all the penalties provided for by these Codified 14 Ordinances. 15 16 17 18 issuing new permits to a licensed contractor when it has been determined that work 19 accomplished under a previous permit is in violation of this Mechanical Codc and has not been 20 corrected within 15 days from the date of written notice of such condition. 21 22 23 Section 115. Fccs is hereby amended by deleting subsection 115.2 and adding: Permit fccs. All fccs, the collection of which is provided for in this chapter, shall be set by resolution of Council. 14
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o the official Manager of the Office of Building Safety.
.. . - - :
- ' e has given written notice to the pcnnit holder shall be corrected within
as follows:

1,1 V
2 Every permit issued by the Building Safety Office under this Code shall expire by limitation and 3 become null and void if the work authorized by such permit is not commenced, and an inspection 4 5 permit is suspended or abandoned, at any time after the work is commenced, for a period of 180 6 days. Bcforc such work can be recommenced, a new permit shall be first obtained and the fee 7 8 changes have been made or will be made in the original plans and specifications for such work, 9 and provided further that such suspension or abandonment has not exceeded one year. No permit 10 shall be extended more than oncc. In order to renew action on a permit after expiration, the 11 12 13 14 total quantity of required combustion air may be provided by a single duct when discharged 15 within 12 inches of the floor. 16
Section 301.1is hcrcby amendc
permittcc shall pay a new full permit fcc.

Section 202.1. (a) Location is hcrcby amended by adding the following:
17 Used mechanical cquipmcnt may be reinstalled at a different location, provided a written 18 .. - - - - - : - ractor, registered with the City of Lansing, verifying the
19 equipment is in safe condition. The contractors licen 20 Equip 21 supersede this written document if the equipment is found not to meet Code standards or may be 22 unsafe for use by Codc standards. Uscd boilers under the Department's jurisdiction, shall have
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DRAFT #4 APRIL 25, 2011 1 2 3 4 5 temperature and be capable of maintaining 70 F [degrees Fahrenheit], three ft. [feet] off the floor, written approval from a registered, licensed boiler contractor, or from any registered State Boiler
6 throughout habitable ar as [under design conditions as specified in the Energy Codc standards] 7 gs containing sleeping quarters. Licensed contractors
8 are required to install equipment for h ating and cooling at the design temperatures (presently 72 9 F [degrees Fahrenheit] heating, and 78 F [degrees Fahrenheit] dry bulb for cooling), in all one 10 11 12 of a conflict, the contractor may be required to show the load calculation for the specific installation, if required by the Codc
13 by the State Energy Codc, or equivalent computation procedure. 14 amended by adding the following text:
15 All mechanical equipment shall have an electrical disconnect switch on, or immediately adjacent 16 to the equipment, within normal reach. A 120 volt receptacle shall be located within 25 feet of 17 18 19 20 21 22 23 constructed to separate the appliance and the shoot. 16
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s underfloor, attic, between floors, passage way accesses shall
Section 303.3is hereby amended by adding the following:
DRAFT #4 APRIL 25, 2011 1 7. In any hazardous location.

:ZZ
2 Exceptions: a pre manufacture 3 which arc constructed to close off th
4 conjunction with the outside combustion air that has a cross sectional inlet ar a that is not less 5 6 square inches. The inlet shall conduct the combustion air directly from outside the structure and
7 connect to the inlet of the fire chamber. 8 9 Pits subject to water accumulation shall be provided with a drain or pump. Propane equipment 10 11 12 alarm to alert the occupant 13 14 mechanical board on an individual basis. 15 16 17 18 19 prohibiting removal. Tank contents shall be properly drained and the tank shall be capped, except 20 21 ..' . _ ain intact. This section shall be retroactive to any abandoned oil tank, ,. dding a new Section 303.8 Fuel Oil Tanks:
22 the tank is removed in accordance with this chapter. 23 17

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DRAFT #4 APRIL 25, 2011 1 ..

4
rgc opening of warm air ducts that extends from any
2 dwelling to its attached garage shall not be less than 6'6" from the floor of the garage. Outside air 3 4 shall be supplied to the return air system through a duct that has a capacity which is equal to, or f the garage warm air supply. The supply duct shall be approved with a
5 back draft damper and a fire damper of approved design. Return air is prohibited from this area. 6 7 Where mechanical gas fired equipment is subject to movem 8 -. = m-agc to the gas valve. Food service equipment on casters,
9 or gas fired equipment that can be displaced enough to damage the flexible gas connector shall 10 have cable restraints, or be an approved br 11 12 13 14 15 16 301.12 IMC)'. In addition to this section, mechanical equipment which requires frequent structural engineer report submitted, prior to the installation, verifying the load bearing without a cable restraint.
Section 306.5is
hereby amended by adding the following text:
17 maintenance/repair/cleaning such as food service equipment, etc., are required to have permanent 18 19 20 21 22 23 e building through a roof/cciling access as meets Code standards. The construction of the ladder shall be in accor - - -
1. Have side railings which extend at 1 st 30" above the roof edge or parapet wall. 2. Have landings less than 18' apart measured from the finished grade. 3. Bc at 1 ast 14" in width. 4. HHave rungs rot less than 11" on center. 18
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DRAFT #4 APRIL 25, 2011 1 .-Have a minimum of six inches toe space. 2 3 4 met 5 6 e-edgc of the cquipmcnt platform on the scuttle side. 1. The required scuttle is located immediately adjacent to the control side of the equipment unit.
11 provided directly below the scuttle at a point not less than 30 inches (762 mm) or more than 32 12 13 14 15 angle of not less than 90 nor more than 100 degrees from the closed position. Hatches and 16 hardware, when open, shall be capable 17 the roof incline-side.
18 's;
5. Scuttles located on other than the roof incline side of the equipment unit shall have the hatch
; ' . .-- .
... --slop greater than four units vertical in 12 units horizontal (33 orlcing platform at 1 ast 30 inches (762 mm) in depth and width shall be
19 20 21
19
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DRAFT #4 APRIL 25, 2011 1 2 3 4 16 inches (406 mm) in width with substantial cleats spaced not more than 24 inches (610 mm) 5
I. : . :I': -
with vertical rails not more than 21 inch-- (533 mm) apart, except that parapets at least 24 inches
6 Scction 309, Subsection 309.1. Electrical Connections is hereby deleted and a new section is 7 added as follows: 8 Equipment regulated by this Code requiring electrical connections of more than 50 volts shall 9 have a positive means of disconnect adjacent to and in sight of equipment served (disconnect 10 must be attached to forced air type central furnaces). 11 A 120 volt receptacle shall be located within 25 feet of the equipment for service and
12 maintenance purposes. The receptacle need not be located on the same level as the cquipmcnt. 13 Low voltage wiring of 50 volts or less within a structure shall be installed in a manner to prevent
14 physical damage. A permanent lighting fixture controlled by a switch shall be provided at or n ar 15 16 17 18 19 20 21 22 And per the requirements of Chapter 12 of the 1997 c 23 20
the furnace. Section 315, Subscction 3 thereto to read as-follows:
heaters.
DRAFT #4 APRIL 25, 2011 1 And per the requirements of Chapter 12 of the 1997 edition of the Uniform Building Code.
2
Scction 103.2is hereby amended by adding the following text:
3 And per the requirements of Chapter 12 of the 1997 edition of the Uniform Building Codc.
4
Section 403.3 T'cntilation Rateby adding the following text: pter ventilation design shall also be in accordance with
5 6 7 8
9
establishments, bars, hospitals, and convalescent homes. Section 403.2.1(1)is hereby amended by deleting the paragraph and replacing it with the following text:
10 11 12 13
(a) Kitchens. (b) Toilet rooms.
14 (c) One dwelling unit to another or to dissimilar occupancies. 15 Exceptions: the Mechanical Official may approve recirculated air when a duct detector is 16 installed which has an audible bell. Return air shall not be taken from an area which may pull 17 18 .. -.,
Section 403.3.1 System Operation is hereby amended by adding the following text:
19 And per the requirements of Chapter 12 of the 1997 edition of the Uniform Building Codc.
20
Section 507is hereby amended by adding the following text to Section 507.1: -. .
21 Ventilation for commercial kitchens shall meet the requirements of R
22 325.26008 of the Michigan Administrative Codc, which is administered by the State of
- 21
DRAFT #4 APRIL 25, 2011 1 Michigan, Department of Public Health and N.F.P.A. Standard 96 1991, as published by the 2 National Firc Protection Associations.
4 5 gativc results after performance testing by the Ingham County
6 Dcpartmcnt of H alth Representative(s), the Chief Mechanical Inspector, or his or her 7 - - - . ' -, . - - - ght to intervene and order the contractor to make necessary
8 repairs to comply the system(s). Further, the Mechanical Official(s) may order a performance 9 test by an approved balance technician, if found by either Dcpartmcnt that the contractor is 10 having difficulty complying with balance requirements, and a copy of the final approved testing 11 12 according to the City Building Code, or approved fireproof duct wrap, and construction of the 13 system shall be under our jurisdictional IMC Code, as well as the Health Department rules. In 14 .. .
15 approved by the Dcpartmcnt of Health and the City of Lansing Building Safety Office and 16 17 permits obtained, bcforc installation begins. Scction 508.10 Pcr formancc Tcst is hereby deleted and a new subsection added as follows:
18 508.10 Performance Test. Upon completion and bcforc final approval of the installation of a 19 ventilation system serving commercial food h at processing equipment, a performance test by a 20 certified balancing contractor may be required when deemed necessary by the Chief Mechanical 21 Inspector or his or her authorized representative to verify the rate of air flow and proper
22 operation as specified in this chapter.
22
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DRAFT #4 APRIL 25, 2011 1 2 follows:
4 of at least one and one half inches and shall be individually fastened in an approved manner. 5 Tapes used for s aling joints shall not be more combustible than approved flameproof fabric. 6 7 following: d by deleting exception number 1 and adding the
8 1. Ducts, plenums and fittings for systems not cxcccding 2,000 CFM may comply with Table 9 No. 6 C. 10 11 12 comply with Table 603.3. 13 14 Openings and supply ducts. Openings shall be provided, located and sized in accordance with 15 16 17 18 19 duct at or n ar the appliances served. 20 21 The Mechanical Official shall have the authority to discontinue use of masonry chimneys which 22 23 23
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fittings for commercial systems not exceeding 2,000 cfm may
..
.
elf
arc dangerous due to improper venting or structural stability.
2 3 shall not be connected to a vent from a gas or oil burning appliance. 4 Section 804.2.19is hereby amended by adding the following text: 5 Connectors or manifolds shall not be installed underground for any fossil fuel burning equipment 6 7 Section 813. Mas 8 (c) All masonry chimneys shall be lined with approved liners compatible with connected 9 equipment. 10 Section 813.0) Gas V enting Into Existing Masonry.CChimneysis hereby amended by deleting the vent systems shall be replaced when new appliances are installed.
11 second paragraph of Item 6 and adding the following sentence to Item 6 and adding a new Item 12 13 Chimneys shall be lined with an approved liner. 14 7. When an appliance is disconnected from an existing-m 15 area of the chimney will be reduced in accordance with Section 910.(2) to accommodate the 16 remaining connected appliances. 17 18 hcrcby amended by adding the following sentence to Item 6 and adding a new Item 7: 19 20 7. That portion of a B 1 vent that penetrates an attic area shall be provided with an insulation 21 stop one inch from the vent which extends from the fire stop to a point four inches above 22 23 -24S:\Attorney_StafflORDINANCES\Housing Code\Adoption of International Property Maintenance Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.11.doc
insulation.
DRAFT #4 APRIL 25, 2011 Gemi-eeters to gas, oil or solid fuel burning appliances shall not be buried underground or placed 2 in underground raceways. 3 4 Propane units shall have supply tanks located outside of the building, and in accordance with the 5 Fire Code, natural gas units shall be piped as permanent appliances. The safe use of ventless 6 7 8 9 Portable kerosene h tcrs shall not be allowed in any occupancy for temporary or as a permanent 10 11 12 13 Permits: Section 1002.1.1 [1002.1] Permits. The following conditions shall govern the issuance of permits h at source. heaters is dependant upon the care of the installer, and the user. It is imperative that the -':-. and installation instructions be followed to ensure safe operation.
14 for water h atcrs: 15 16 1. Mechanical contractors may apply for water h utter permits through the Mechanical Section
of the Buil i~g Safety Office when a furnace is being installed at the same time.
17 2. Mechanical contractors may obtain a permit for (water heater only) installations through the 18 plumbing section. 19 3. Permits for water h aters utilized for space heating shall have permits through the Plumbing 20 Section of the Building Safety Office for the installation of the water h a .ter and potable water
21 piping if they are qualified by the plumbing regulations of that Division. 22 /1. In addition a mechanical permit will be taken out for the air 23 combustion air for item #3 applications. Gas piping for this installation may be on either permit. -25S:\Attorney_StafflORDINANCES\Housing Code\Adoption of International Property Maintenance Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.11.doc
2 3 provided with an approved, self closing (levered) pressure relief and temperature relief valve, or
4 a combination thereof. The relief valve shall conform to ANSI z [section] 21.22. The relief valve 5 6 7 to be activated by the water in the top six inches of the tank served. There shall be no check 8 valve or shutoff valve between the relief valve and the h ter or tank served.
9 Section 1002.1 By adding the following Section 1002.1.2 Water Heaters Used for Space
--- al expansion. Such valves shall be installed in
10 11 12 13 14
Heaters: 1002.1.2 Water Heaters Used for Space H ating. Wate water and provide hot water for space heating a . '' .... - .
installation instructions, with permits as specified in Section 1002. Sizin
15 the section shall be sized to prevent the space heating load from diminishing the required potable 16 water h ating capacity. 17 1002.1.3 Relief Valve Approval. Valves in this section shall b ar the label of an approved
18 agency and shall have a tern 19 pressure relief not exceeding the tank or water heater manufacturer's rated working pressure 20 21 setting or 150 psi, whichever is less. 1002.1.4 Relief Outlet. The outlet of a pressure, temperature, or other relief valve shall not be
22 directly connected to the drainage system.
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1
2 outside of a building or to an indirect waste rcccptor located inside the building. In areas subject 3 4
5
to freezing the relief valve shall be discharged through an air gap into an indirect waste receptor
manner that does not cause personal injury or property damag
8 than six inches from the floor. The end of the discharge shall not be threaded. If the rclicf outlet 9 discharge piping is installed so that it leaves the room or enclosure in which the water heater and 10 relief valve are located and discharges into a waste receptor, there shall be an air gap installed 11 12 13 before, or at the point of 1 aving the room or enclosure.
Section 1002 W ater Hcatcrs by adding the following new sections:
Section
1002.4
Water Hgater Pans. Where water h tors, hot water storage tanks or domestic
14 potable hot water boilers arc installed in locations where leakage of the tanks or connections will
15
16 pan having a minimum thickness of 24 ga. or other pans listed for use. The pan shall be not less
17
18 from the tank, water h ter, or domestic potable hot water boiler. The pan shall be drained by an 19 indirect waste pipe having a minimum diameter of one inch or the outlet diameter of the required
20 21 22
rclicf valve, whichever is larger. The pan drain shall extend full size and terminate over a suitable located indirect waste rcccptor, or floor drain or extend to the exterior of the building and terminate not less than six inches nor more than 2'1 inches above the adjacent surface.
27
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2 them with the following text: 3 4 5 6 7 8 9 eextreh 10 11 Section 1010.2 St - ...: - . Boilers. Low pressure steam h ting boilers and small power boilers shall _am pressure limit controls interlocked to shut off the fuel to the -
12 main burner and one low water level limit control. Coil type flash steam boilers shall use two 13 14 hot water coil section of the boiler inst ad of the low water limit control. 15 16 17 18 19 20 Copper Tubing: Copper tubing shall not be used in the interior of the building. 21 ! . . creby amended by adding the following text: areas subject to damage. Meters located in driveways shall be protected by substantial barriers. hall designate the area of the building being served.
22 If tape is used in lieu of pipe joint compound the tape shall be approved for gas piping and 23 . . -28S: \Attorney_StaffORD1NANCES\Housing Code\Adoption of International Property Maintenance Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.11.doc
DRAFT #4 APRIL 25, 2011 1 Scction 1309.1is hereby amended by adding the following text:
2 7. The gas connection to a permanently installed, nonmovable gas appliance(s) shall be made 3 4 5 When necessary due to special listing conditions or manufacturer's installation instructions an with rigid metallic pipe and fittings of approved type and size. Flexible gas connectors will not
6 AGA approved connector may be installed. 7 Section 2005 Commercial Hoods and Kitchen V entilation is hereby amended by adding a new 8 Section 2005 as follows: Part II Commercial kitchen hoods and kitchen ventilation is hereby 9 amended by adding a new paragraph to subsection 507.1 to r ad: 10 507.1. Michigan Department of Public Health Rules. Wherever any provision of this chapter 11 conflicts with the State of Michigan administrative rules for the design of commercial hoods and 12 kitchen ventilation, the more restrictive requirements, as determined by the Chief Mechanical 13 14 15 subsection 1312.1 and adding a new subsection to r d: 16 17 18 K or L) may be used in exterior buried piping systems. 19 Fuel Oil Piping.Fuel oil piping shall be installed in accordance with National Fire Protection 1312.1 Pipe used for the installation, extension, alteration or repair of gas piping shall be
20 Association (NFPA) Standard No. 31 for the installation of oil burning equipment. 21 22
29
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DRAFT #4 APRIL 25, 2011 1 2

3 Michigan Encrgy Codc. The Michigan Energy Code is hereby adopted by reference.
been discontinued shall be removed unless approved by the Chief Mechanical Inspector or his or
4 5 6 7 8 9 10 11
1426.98. Issuance of municipal civil infraction citations and violation notices. All mechanical inspectors and the Building Official are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the Municipal Ordinance Violations Bureau) as provided in Chapter 203 of these Codified Ordinances. 1426.99. Penalty. Whoever violates any of the provisions of this chapter is responsible for a Municipal civil infraction and shall be subject to the civil fine provided in Section 203.06 of these Codified Ordinances,
12 plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as 13 14 15 16 provided in Section 202.99(c)(2). Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules inconsistent with the provisions hereof are hereby repealed. Section 3. Should any section, clause or phrase of this ordinance be declared to be
17 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof 18 19 other than the part so declared to be invalid. Section 4. This ordinance shall take effect on the 30th day after enactment, unless given
20 immediate effect by City Council. 21 22 23 24 25 26 27 28 - 30-S: \Attorney_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.11.doc
PASSAGE OF ORDINANCE An Ordinance of the City of Lansing to repeal Chapter 876 of the Lansing Codified Ordinances, which establishes a moratorium on the licensing of Medical Marihuana Establishments, to amend Sections 1268.02, 1272.02, and 1274.02 regarding F-1, H, and I zoning districts, and to add Chapter 1300 to Title 6 of Part 12 of the Lansing Codified Ordinances, terminating the moratorium on Medical Marihuana Establishments and regulating them in the F-1, H, and I Zoning Districts Is read a second time by its title. The Ordinance was reported from the Committee on General Services and is on the order of immediate passage. By Council Member Wood
COUNCIL MEMBER DUNBAR HEWITT HOUGHTON JEFFRIES QUINNEY ROBINSON WOOD YORKO
YEAS
NAYS
ADOPTED
FAILED
DRAFT #4 JUNE 6, 2011 1 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO REPEAL
3 CHAPTER 876 OF THE LANSING CODIFIED ORDINANCES, WHICH ESTABLISHES A 4 MORATORIUM ON THE LICENSING OF MEDICAL MARIHUANA ESTABLISHMENTS, 5 TO AMEND SECTIONS 1268.02, 1272.02, AND 1274.02 REGARDING F-1, H, AND 9 6 ZONING DISTRICTS, AND TO ADD CHAPTER 1300 TO TITLE 6 OF PART 12 OF THE 7 LANSING CODIFIED ORDINANCES, TERMINATING THE MORATORIUM ON 8 MEDICAL MARIHUANA ESTABLISHMENTS AND REGULATING THEM IN THE F-l, H, 9 AND I ZONING DISTRICTS. 10 11 THE CITY OF LANSING ORDAINS: Section 1. That Chapter 876 of the Codified Ordinances of the City of Lansing,
12 Michigan, be and is hereby repealed, that Sections 1268.02, 1272.02, and 1274.02 be amended, 13 and that Chapter 1300 be added to Title 6 of Part 12 of the Codified Ordinances of the City of 14 Lansing, Michigan, to read as follows: 15 1268.02. Principal uses permitted.
16 (a) In an F or F-1 Commercial District, the following principal uses are permitted: 17
Ea) (1) Any principal use permitted in an E-2 Local Shopping District;
18 Eh) (2) Any principal use permitted in a D-1 Professional Office District; 19 (e) (3) A comparison retail store; 20 () (4) A private club, fraternal organization or lodge hall; 21 (e) (5) A restaurant, bar or tavern;
22 (f (6) A fully enclosed theater, assembly hall or concert hall; 1

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DRAFT #4 JUNE 6, 2011 1 (g) l A hotel or motel; 2 (fir} (8) An off-street parking facility;
3 {) (9) A public park and playground, except those regulated by special conditions pursuant to 4 Section 1256.03(g), (h) and (i);
5 {j) (10) Any other use which, by the decision of the Planning Board, is similar to the principally 6 permitted uses set forth in this section; and
7 (k (11) An accessory structure which is customarily incidental to any of the uses permitted by 8 9 this section.
thA
IN AN F-1 COMMERCIAL DISTRICT, A MEDICAL MARIHUANA
10 ESTABLISHMENT, AS SPECIFIED IN CHAPTER 1300, IS PERMITTED AS A PRINCIPAL 11 12 13 14 USE. 1272.02. Principal uses permitted. In a G-2 Wholesale District, the following principal uses are permitted: (a) Any principal use permitted in an F Commercial District, except residential uses,. -mad
15 lodging houses,AND MEDICAL MARIHUANA ESTABLISHMENTS; 16 (b) A storage warehouse; 17 18 (c) A wholesale business; (d) A public garage;
19 (e) A public park and playground, except those regulated by special condition pursuant to 20 21 Section 1256.03(g), (h) and (i); (f) An accessory structure which is customarily incidental to any use permitted in this section,
22 including, but not limited to, a caretaker or watchperson's residence; and 2

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DRAFT #4 JUNE 6, 2011
1 2
3
(g) Any other use which, by the decision of the Planning Board, is similar to the principally permitted uses set forth in this section. 1274.02. Principal uses permitted.
4 In an H Light Industrial District, the following principal uses are permitted: 5 (a) Any principal use permitted in the G-2 Wholesale District; 6 (b) If conducted within an enclosed building, any of the following manufacturing, compounding 7 or processing uses:
8 (1) The manufacturing, compounding, processing, packaging or treatment of products, 9 including, but not limited to, the following:
10 A. Bakery goods; 11 12
13
B. Candy; C. Food products; D. Cosmetics;
14 E. Pharmaceuticals; and 15 F. Toiletries;
16 (2) Tool, die, gauge and machine shops and the manufacturing, compounding, processing or 17 treatment of light sheet metal products, including heating and ventilating equipment, cornices, 18 19 eaves and the like, hardware and cutlery;
(3)
The manufacturing, compounding, assembling or treatment of items from the following
20 materials which are prepared previously at another site: bone, canvas, cellophane, cloth, cork, 21 elastomer, feathers, felt, fiber, fur, glass, hair, leather, horn, paper, plastics, rubber, precious or
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DRAFT #4 JUNE 6, 2011 1 semiprecious metals, stones, sheet metal, forged or cast steel or iron, shells, textiles, tobacco,
2 wax, wire, wood or yam; 3 (4) The commercial manufacture of pottery and figurines or other similar ceramic products
4 using only previously pulverized clay and kilns which are fired only by electricity or gas; 5 6 7 8 (5) The manufacture of musical instruments, toys, novelties, metal or rubber stamps or other small, molded rubber products; (6) The manufacture or assembly of electrical appliances, electronic instruments and devices or components of electronic instruments and devices, radios, televisions or phonographs;
9 (7) Hot, warm and cold metal forming operations, excluding drop hammer forging; 10 11 12 13 14 15 16 17 18 19 20 21 22 (8) Medical, experimental, film or testing laboratories; (9) The manufacture or repair of electric or neon signs; (10) Central dry cleaning plants or laundries; or (11) Furniture refinishing, stripping, upholstery or manufacture; (c) Railroad and truck terminal freight facilities, railroad transfer and storage tracks or railroad right-of-ways; (d) Any of the following public utility structures or facilities: (1) Offices; (2) Telephone exchange buildings; (3) Electrical transformer stations or substations; (4) Gas regulator stations or gas tank holders; and (5) Water supply plants, water tank holders, wells or pumping stations; (e) An off-street parking facility; 4
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DRAFT #4
JUNE 6, 2011 1 (f) Oil or gas drilling and extraction;
2 (g) An accessory structure or use customarily incidental to any principal use permitted in the H 3 Light Industrial District, including, but not limited to, a caretaker or watchperson's residence and
4 storage of materials or equipment used' in the normal function of the principal permitted use; 5 6 (h) A nonaccessory, free-standing sign; (i) An outdoor storage or sales facility which sells new building material, sand, gravel or
7 lumber; 8 9 (j) The storage of a contractor's material or equipment; and
W A MEDICAL MARIHUANA ESTABLISHMENT, AS SPECIFIED IN CHAPTER 1300.
10 (k) fl) A use which, by the decision of the Planning Board, is similar to the uses described in this 11 section.
12 CHAPTER 1300. MEDICAL MARIHUANA ESTABLISHMENTS 13 1300.01. DEFINITIONS 14 FOR THE PURPOSES OF THIS CHAPTER, 15 (a) ANY TERM DEFINED BY THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 16 333.26421 ET SEQ., SHALL HAVE THE DEFINITION GIVEN IN THE MICHIGAN 17 MEDICAL MARIHUANA ACT. 18 (b) ANY TERM DEFINED BY 21 USC 860(e) SHALL HAVE THE DEFINITION GIVEN BY 19 21 USC 860(e). 20 (c) THE FOLLOWING TERMS SHALL HAVE THE DEFINITIONS GIVEN: 21
CHA NGE IN THE IDENTITY OF THE A PPLICA NT MEANS EITHER (a) WITH RESPECT
22 TO AN APPLICANT WHO IS AN INDIVIDUAL, SUBSTITUTION OF ANOTHER 5

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JUNE 6, 2011 1 INDIVIDUAL OR ANY OTHER ENTITY; OR (b) WITH RESPECT TO AN APPLICANT 2 WHICH IS NOT AN INDIVIDUAL, THE ELIMINATION OR REPLACEMENT OF EVERY 3 STAKEHOLDER OF THE APPLICANT. 4
EX ISTING MEDICA L MA RIHUA NA ESTA BLISHMENT MEANS A MEDICAL MARIHUANA
5 ESTABLISHMENT IDENTIFIED IN CHAPTER 876 OF THE LANSING CODIFIED 6 ORDINANCES, PRIOR TO REPEAL BY THIS ORDINANCE, AS BEING IN OPERATION 7 ON OR BEFORE DECEMBER 8, 2010.
8 MEDICA L MA RIHUA NA ESTA BLISHMENT MEANS ANY NONRESIDENTIAL LAND USE
9 IN WHICH MARIHUANA IS GROWN IN AN ENCLOSED, LOCKED FACILITY AND/OR 10 DISTRIBUTED BY ONE OR MORE PRIMARY CAREGIVERS. 11
ORIGINA L A PPLICA TION MEANS THE FIRST LICENSE APPLICATION FILED
12 PURSUANT TO THIS CHAPTER BY AN EXISTING MEDICAL MARIHUANA 13 ESTABLISHMENT. 14

STA KEHOLDER MEANS, WITH RESPECT TO A LIMITED LIABILITY COMPANY, A
15 MANAGER OR A MEMBER, AND, WITH RESPECT TO A CORPORATION, WHETHER 16 PROFIT OR NON-PROFIT, AN OFFICER, DIRECTOR, MEMBER, OR SHAREHOLDER. 17 1300.02. OPERATION WITHOUT LICENSE PROHIBITED 18 (a) NO PERSON SHALL OPERATE A MEDICAL MARIHUANA ESTABLISHMENT IN 19 THE CITY WITHOUT FIRST OBTAINING A LICENSE TO DO SO FROM THE CITY 20 CLERK. 21 (b) THE CITY CLERK MAY ISSUE LICENSES FOR MEDICAL MARIHUANA 22 ESTABLISHMENTS ONLY TO INDIVIDUALS, LIMITED LIABILITY COMPANIES, AND 6
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JUNE 6, 2011 1 CORPORATIONS, WHETHER PROFIT OR NON-PROFIT. THE TERM OF EACH 2 LICENSE SHALL BE ONE YEAR. COUNCIL SHALL ESTABLISH, BY RESOLUTION, 3 AN APPROPRIATE LICENSE FEE. 4 1300.03. LICENSE APPLICATIONS 5 (a) APPLICATION FOR A LICENSE REQUIRED BY THIS CHAPTER SHALL BE MADE 6 IN WRITING TO THE CITY CLERK AT LEAST 30 DAYS PRIOR TO (1) COMMENCING 7 OPERATION OF A MEDICAL MARIHUANA ESTABLISHMENT; OR (2) THE 8 EXPIRATION OF AN EXISTING LICENSE. EXISTING MEDICAL MARIHUANA 9 ESTABLISHMENTS SHALL MAKE APPLICATION FOR A LICENSE REQUIRED BY 10 THIS CHAPTER IN WRITING TO THE CITY CLERK WITHIN 10 DAYS OF THE 11 EFFECTIVE DATE OF THIS ORDINANCE. 12 (b) AN APPLICATION FOR A LICENSE REQUIRED BY THIS CHAPTER SHALL 13 CONTAIN THE FOLLOWING: 14 (1) THE APPROPRIATE NON-REFUNDABLE LICENSE FEE IN THE AMOUNT SET BY 15 COUNCIL RESOLUTION; 16 (2) IF THE APPLICANT IS AN INDIVIDUAL, THE APPLICANT'S NAME, DATE OF 17 BIRTH, PHYSICAL ADDRESS, EMAIL ADDRESS, AND ONE OR MORE PHONE 18 NUMBERS, INCLUDING EMERGENCY CONTACT INFORMATION; 19 (3) IF THE APPLICANT IS NOT AN INDIVIDUAL, THE NAMES, DATES OF BIRTH, 20 PHYSICAL ADDRESSES, EMAIL ADDRESSES, AND ONE OR MORE PHONE NUMBERS 21 OF EACH STAKEHOLDER OF THE APPLICANT, INCLUDING DESIGNATION OF A
7
1 STAKEHOLDER AS AN EMERGENCY CONTACT PERSON AND CONTACT 2 INFORMATION FOR THE EMERGENCY CONTACT PERSON; 3 (4) THE NAME AND ADDRESS OF THE PROPOSED MEDICAL MARIHUANA 4 ESTABLISHMENT AND ANY ADDITIONAL CONTACT INFORMATION DEEMED 5 NECESSARY BY THE CITY CLERK; 6 (5) FOR THE APPLICANT AND FOR EACH STAKEHOLDER OF THE APPLICANT, AN 7 AFFIRMATION THAT HE OR SHE HAS NOT BEEN CONVICTED OF OR PLED GUILTY 8 TO A FELONY INVOLVING CONTROLLED SUBSTANCES WITHIN THE SEVEN 9 YEARS PRECEDING THE DATE OF APPLICATION; 10 (6) ONE OF THE FOLLOWING: (A) PROOF OF OWNERSHIP OF THE ENTIRE 11 PREMISES WHEREIN THE MEDICAL MARIHUANA ESTABLISHMENT IS TO BE 12 OPERATED; OR (B) WRITTEN CONSENT FROM THE PROPERTY OWNER FOR USE OF 13 THE PREMISES IN A MANNER REQUIRING LICENSURE UNDER THIS CHAPTER; 14 (7) PROOF OF AN INSURANCE POLICY COVERING THE MEDICAL MARIHUANA 15 ESTABLISHMENT AND NAMING THE CITY AS AN ADDITIONAL INSURED PARTY, 16 AVAILABLE FOR THE PAYMENT OF ANY DAMAGES ARISING OUT OF AN ACT OR 17 OMISSION OF THE APPLICANT OR ITS STAKEHOLDERS, AGENTS, EMPLOYEES, OR 18 SUBCONTRACTORS, IN THE AMOUNT OF (A) AT LEAST ONE MILLION DOLLARS 19 FOR PROPERTY DAMAGE; (B) AT LEAST ONE MILLION DOLLARS FOR INJURY TO 20 ONE PERSON; AND (C) AT LEAST TWO MILLION DOLLARS FOR INJURY TO TWO OR 21 MORE PERSONS RESULTING FROM THE SAME OCCURRENCE; 22
(8)
A_ SECURITY PLAN MEETING_ THE REQUIREMENTS OF THIS CHAPTER;

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DRAFT #4 JTJNE 6, 2011
1 (9) A FLOOR PLAN OF THE PREMISES ON WHICH THE MEDICAL MARIHUANA 2 ESTABLISHMENT IS TO BE OPERATED; 3 (10) AN AFFIDAVIT THAT NEITHER THE APPLICANT NOR ANY STAKEHOLDER OF 4 THE APPLICANT IS IN DEFAULT TO THE CITY. 5 (c) UPON RECEIPT OF A COMPLETED APPLICATION, THE CITY CLERK SHALL 6 REFER A COPY OF THE APPLICATION TO EACH OF THE FOLLOWING FOR THEIR 7 APPROVAL: THE CITY ATTORNEY, THE POLICE DEPARTMENT, THE FIRE 8 DEPARTMENT, THE BUILDING SAFETY OFFICE, THE ZONING ADMINISTRATOR, 9 AND THE CITY TREASURER. 10 (d) NO APPLICATION SHALL BE APPROVED UNLESS: 11 (1) THE FIRE DEPARTMENT AND THE BUILDING SAFETY OFFICE HAVE 12 INSPECTED THE PROPOSED LOCATION FOR COMPLIANCE WITH ALL LAWS FOR 13 WHICH THEY ARE CHARGED WITH ENFORCEMENT; 14 (2) THE APPLICANT AND EACH STAKEHOLDER OF THE APPLICANT HAVE PASSED 15 A BACKGROUND CHECK CONDUCTED BY THE POLICE DEPARTMENT; 16 (3) THE ZONING ADMINISTRATOR HAS CONFIRMED THAT THE PROPOSED 17 LOCATION COMPLIES WITH THE ZONING CODE; 18 (4) THE CITY TREASURER HAS CONFIRMED THAT THE APPLICANT AND EACH 19 STAKEHOLDER OF THE APPLICANT ARE NOT IN DEFAULT TO THE CITY. 20 (e) IF WRITTEN APPROVAL IS GIVEN BY EACH INDIVIDUAL OR DEPARTMENT 21 IDENTIFIED IN SUBSECTION (c), THE CITY CLERK SHALL ISSUE A LICENSE TO THE 22 APPLICANT. 9
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DRAFT #4
JUNE 6, 2011 1 (f) LICENSES ISSUED UNDER THIS CHAPTER ARE NONTRANSFERABLE; A CHANGE 2 IN THE MEDICAL MARIHUANA ESTABLISHMENT'S LOCATION OR THE IDENTITY 3 OF THE LICENSEHOLDER SHALL BE DEEMED A TRANSFER UNDER THIS CHAPTER 4 AND SHALL BE PROHIBITED. 5 (g) LICENSEES SHALL REPORT ANY OTHER CHANGE IN THE INFORMATION 6 REQUIRED BY SUBSECTION (b) TO THE CITY CLERK WITHIN 10 DAYS OF THE 7 CHANGE. FEES SHALL BE SET BY COUNCIL RESOLUTION FOR ANY 8 STAKEHOLDER ADDED AFTER THE ORIGINAL APPLICATION IS FILED. 9 1300.04. DENIAL AND REVOCATION 10 (a) A LICENSE ISSUED UNDER THIS CHAPTER MAY BE REVOKED AFTER AN 11 ADMINISTRATIVE HEARING AT WHICH THE CITY CLERK DETERMINES THAT ANY 12 GROUNDS FOR REVOCATION UNDER SUBSECTION (b) EXIST. NOTICE OF THE 13 TIME AND PLACE OF THE HEARING AND THE GROUNDS FOR REVOCATION MUST 14 BE GIVEN TO THE LICENSEE AT LEAST FIVE DAYS PRIOR TO THE DATE OF THE 15 HEARING, BY FIRST CLASS MAIL TO THE ADDRESS GIVEN ON THE LICENSE 16 APPLICATION OR ANY ADDRESS PROVIDED PURSUANT TO SECTION 1300.03(g). 17 (b) A LICENSE APPLIED FOR OR ISSUED UNDER THIS CHAPTER MAY BE DENIED 18 OR REVOKED ON ANY OF THE FOLLOWING BASES: 19 (1) VIOLATION OF THIS CHAPTER; 20 (2) COMMISSION OF FRAUD OR MISREPRESENTATION OR THE MAKING OF A 21 FALSE STATEMENT BY THE APPLICANT DURING THE APPLICATION PROCESS;
10
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1 (3) ANY CONVICTION FOR OR GUILTY PLEA TO A FELONY INVOLVING 2 CONTROLLED SUBSTANCES BY THE APPLICANT OR ANY STAKEHOLDER OF THE 3 APPLICANT OCCURRING: (A) WITHIN THE SEVEN YEARS PRECEDING THE DATE 4 OF APPLICATION OR THE DATE OF BECOMING A STAKEHOLDER, WHICHEVER 5 OCCURS LATER; OR (B) WHILE LICENSED UNDER THIS CHAPTER. 6 (4) COMMISSION OF FRAUD OR MISREPRESENTATION OR THE MAKING OF A 7 FALSE STATEMENT BY THE APPLICANT OR ANY STAKEHOLDER OF THE 8 APPLICANT WHILE ENGAGING IN ANY ACTIVITY FOR WHICH THIS CHAPTER 9 REQUIRES A LICENSE. 10 1300.05. OPERATION OF MEDICAL MARIHUANA ESTABLISHMENTS 11 12 (a) NO MEDICAL MARIHUANA ESTABLISHMENT SHALL BE OPEN BETWEEN THE 13 HOURS OF 11 P.M. AND 7 A.M. 14 (b) NO MEDICAL MARIHUANA ESTABLISHMENT SHALL PERMIT A PERSON UNDER 15 THE AGE OF EIGHTEEN ON ITS PREMISES UNLESS THE PERSON IS (1) A 16 QUALIFYING PATIENT WHO IS REGISTERED WITH THE MICHIGAN DEPARTMENT 17 OF COMMUNITY HEALTH; OR (2) ACCOMPANIED BY A PARENT OR LEGAL 18 GUARDIAN. 19 (c) NO CONSUMPTION OF MARIHUANA, EXCEPT FOR INSTRUCTIONAL PURPOSES, 20 SHALL BE PERMITTED ON THE PREMISES OF A MEDICAL MARIHUANA 21 ESTABLISHMENT, AND A SIGN SHALL BE POSTED ON THE PREMISES OF EACH 22 MEDICAL MARIHUANA ESTABLISHMENT INDICATING THAT CONSUMPTION IS 23 PROHIBITED ON THE PREMISES, EXCEPT FOR INSTRUCTIONAL PURPOSES
11 S:\Attorney_Staff\ORDINANCES\Medical Marihuana\MM LICENSING 876 D#4 06.06.11.doc
DRAFT #4 JUNE 6, 2011 1 (d) MEDICAL MARIHUANA ESTABLISHMENTS SHALL CONTINUOUSLY MONITOR 2 THE ENTIRE PREMISES ON WHICH THEY ARE OPERATED WITH SECURITY 3 CAMERAS. THE RECORDINGS SHALL BE MAINTAINED IN A SECURE, OFF-SITE 4 LOCATION FOR A PERIOD OF FOURTEEN DAYS. 5 (e) ANY USABLE MARIHUANA REMAINING ON THE PREMISES OF A MEDICAL 6 MARIHUANA ESTABLISHMENT WHILE THE MEDICAL MARIHUANA 7 ESTABLISHMENT IS NOT IN OPERATION SHALL BE SECURED IN A SAFE 8 PERMANENTLY AFFIXED TO THE PREMISES. 9 (f) ANY DRIVE-THROUGH WINDOW ON THE PREMISES OF A MEDICAL 10 MARIHUANA ESTABLISHMENT SHALL HAVE BEEN PART OF A SITE PLAN 11 APPROVED BY THE PLANNING AND NEIGHBORHOOD DEVELOPMENT 12 DEPARTMENT PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE. 13 (g) NO MEDICAL MARIHUANA ESTABLISHMENT SHALL BE OPERATED IN A 14 MANNER CREATING NOISE, DUST, VIBRATION, GLARE, FUMES, OR ODORS 15 DETECTABLE TO NORMAL SENSES BEYOND THE BOUNDARIES OF THE PROPERTY 16 ON WHICH THE MEDICAL MARIHUANA ESTABLISHMENT IS OPERATED. 17 (h) THE LICENSE REQUIRED BY THIS CHAPTER SHALL BE PROMINENTLY 18 DISPLAYED ON THE PREMISES OF A MEDICAL MARIHUANA ESTABLISHMENT. 19 (i) DISPOSAL OF MARIHUANA SHALL BE ACCOMPLISHED IN A MANNER THAT 20 PREVENTS ITS ACQUISITION BY ANY PERSON WHO MAY NOT LAWFULLY 21 POSSESS IT AND OTHERWISE IN CONFORMANCE WITH STATE LAW. 22 1300.06. LOCATION OF MEDICAL MARIHUANA ESTABLISHMENTS 12
DRAFT #4 JUNE 6, 2011 1 (a) NO MEDICAL MARIHUANA ESTABLISHMENT SHALL BE LOCATED WITHIN: 2 (1) 1000 FEET OF THE REAL PROPERTY COMPRISING A PUBLIC OR PRIVATE 3 ELEMENTARY, VOCATIONAL, OR SECONDARY SCHOOL; A PUBLIC OR PRIVATE 4 COLLEGE, JUNIOR COLLEGE, OR UNIVERSITY; A PLAYGROUND; A CHURCH OR 5 OTHER STRUCTURE IN WHICH RELIGIOUS SERVICES ARE CONDUCTED; A CHILD 6 CARE ORGANIZATION REQUIRED BY THE CHILD CARE ORGANIZATIONS ACT, PA 7 116 OF 1973, TO BE LICENSED OR REGISTERED BY THE MICHIGAN DEPARTMENT 8 OF HUMAN SERVICES; OR A FACILITY AT WHICH SUBSTANCE ABUSE 9 PREVENTION SERVICES OR SUBSTANCE ABUSE TREATMENT AND 10 REHABILITATION SERVICES, AS THOSE TERMS ARE DEFINED IN PART 61 OF PA 11 368 OF 1978, MCL 333.6101 ET SEQ, ARE OFFERED; 12 (2) 1000 FEET OF ANOTHER MEDICAL MARIHUANA ESTABLISHMENT; OR 13 (3) 100 FEET OF A PUBLIC OR PRIVATE YOUTH CENTER, PUBLIC SWIMMING POOL, 14 OR VIDEO ARCADE FACILITY. 15 (b) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING ANY 16 LAND USE DESCRIBED HEREIN, OTHER THAN A MEDICAL MARIHUANA 17 ESTABLISHMENT, FROM LOCATING WITHIN THE SPECIFIED PROXIMITY OF A 18 MEDICAL MARIHUANA ESTABLISHMENT SUBSEQUENT TO ESTABLISHMENT OF 19 THE LOCATION OF THE MEDICAL MARIHUANA ESTABLISHMENT. 20 (c) EXISTING MEDICAL MARIHUANA ESTABLISHMENTS SHALL NOT BE SUBJECT 21 TO SUBSECTION (a), NOR SHALL THEY BE LIMITED TO THE F-1 COMMERCIAL, H 22 LIGHT INDUSTRIAL, OR I HEAVY INDUSTRIAL ZONING DISTRICTS PURSUANT TO 13
1 SECTIONS 1268.02, 1272.02, AND 1274.02 OF THE LANSING CODIFIED ORDINANCES, 2 PROVIDED THAT: 3 (1) AN ORIGINAL APPLICATION IS TIMELY MADE PURSUANT TO THIS CHAPTER; 4 (2) SHOULD THERE BE ANY CHANGE IN THE IDENTITY OF THE APPLICANT 5 BETWEEN THE ORIGINAL APPLICATION AND ANY SUBSEQUENT APPLICATION, 6 CHAPTER 1294 OF THE LANSING CODIFIED ORDINANCES REGARDING NON7 CONFORMING USES SHALL GOVERN; 8 (3) THE ORIGINAL APPLICATION AND ALL SUBSEQUENT APPLICATIONS LIST THE 9 SAME LOCATION FOR THE MEDICAL MARIHUANA ESTABLISHMENT TO BE 10 LICENSED THAT WAS IDENTIFIED IN CHAPTER 876 OF THE LANSING CODIFIED 11 ORDINANCES, PRIOR TO REPEAL BY THIS ORDINANCE; 12 (4) THE ORIGINAL APPLICATION AND ALL SUBSEQUENT APPLICATIONS SATISFY 13 ALL OTHER REQUIREMENTS OF THIS CHAPTER AND A LICENSE IS GRANTED 14 PURSUANT THERETO. 15 1300.07. PENALTY 16 ANY PERSON IN VIOLATION OF ANY PROVISION OF THIS CHAPTER OR ANY 17 PROVISION OF A LICENSE ISSUED UNDER THIS CHAPTER IS RESPONSIBLE FOR A 18 MISDEMEANOR, PUNISHABLE BY A FINE OF UP TO $500 PLUS COSTS OF 19 PROSECUTION, 90 DAYS IMPRISONMENT, OR BOTH, FOR EACH VIOLATION. 20 21 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules inconsistent with the provisions hereof are hereby repealed.
14
DRAFT #4
JUNE 6, 2011 1 Section 3. Should any section, clause or phrase of this ordinance be declared to be
2 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof 3 4 other than the part so declared to be invalid. Section 4. This ordinance shall take effect on the 30th day after enactment, unless given
5 immediate effect by City Council. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
15
Chris Swope
Lansing City Clerk
June 24, 2011
City Council President Robinson and Lansing City Council Members 10th Floor City Hall Lansing, MI 48933 Dear President Robinson and Council Members: On June 20, 2011 the Tri-County Office on Aging's (TCOA) Area Plan Fiscal Year 2012 was place on file in the City Clerk's Office. This document is available for review at the office of the City Clerk and on the City Clerk's website (www.lansingmi.gov/clerk). Sincerely,
Chris Swope, CMC Lansing City Clerk
Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 TDD 517-483-4479 . 517-377-0068 FAX www.lansingmi.gov/clerk clerk@lansingmi.gov
Chris Swope
Lansing City Clerk
June 24, 2011 President Robinson and Members of the Lansing City Council 10th Floor City Hall Lansing, MI 48933 Dear President Robinson and Council Members: The Minutes from the Meetings of the following Boards and Authorities of the City of Lansing were placed on file in the City Clerk's Office and are attached for your information and review.
BOARD NAME
DATE OF MEETING May 12, May 19, May 24, May 19, 2011 2011 2011 2011
Board of Public Service Employees Retirement System Board of Trustees Police and Fire Retirement System Board of Trustees Police & Fire and ERS Retirement System Board
If my staff or I can provide further assistance or information relative to the filing of these minutes, please contact us at 483-4131. Sincerely, Chris Swope, CMC Lansing City Clerk
Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk clerk@lansingmi.gov
REGULAR MEETING OF BOARD OF PUBLIC SERVICE MAY 12, 2011

PRESENT: ABSENT: STAFF: Paul Baerman, Ron Bloomberg, James Marshall, Rory Neuner, Shirley Rodgers, and Alfreda Schmidt Matt Flechter, and Dale Copedge Chad Gamble, and Victor Rose
VISITORS: None 1) CALL TO ORDER: With no quorum present, Chair Baerman called the meeting of the whole to order at 11:50 a.m., at the Lansing Public Service Department Wastewater Treatment Plant. Roll Call a. Excused Absences: Matt Flechter b. 2) CITIZEN COMMENTS: None 3) ACTION ITEMS: None 4) COMMUNICATIONS: ' None 5) REPORT OF OFFICERS: Operations and Maintenance Section: A written report was distributed. Mr. Rose gave a brief verbal overview of the report. There was some questions and discussion that followed. 11:56 a.m. Ms. Rodgers arrived Now with a quorum present, Chair Baerman called the official meeting to order at 11:59 a.m. Ms. Rodgers informed the staff that on Cedar Street, near Hodge Street, the one lane going North (that is supposed to be open) was blocked by equipment. Mr. Gamble will inform the MDOT Field Inspection Team. 6) APPROVAL OF BOARD MINUTES: February 10, 2011 Mr. Bloomberg moved, Ms. Schmidt seconded, MOTION CARRIED UNANIMOUSLY, to approve the minutes submitted for February 10, 2011.
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Public Service Board May 12, 2011 March 10, 2011
Page 2
Vice Chair Bloomberg recommended the following revision: Pg. 2, Director's Report, last Para., 5th line: change "then" to "the" Pg. 2, Director's Report, last Para., 8th line: change "with in" to "within" Pg. 2, Director's Report, last Para., 8th line: change "member's" to "members" Ms. Schmidt moved, Mr. Bloomberg seconded, MOTION CARRIED UNANIMOUSLY, to approve the minutes submitted for March 10, 2011, as amended. April 14, 2011 Vice Chair Bloomberg recommended the following revision: Pg. 1, Report of Officers, 2nd Para., 5th line: change "dump" to "recycle" Pg. 1, Report of Officers, 2nd Para., 5th line: move the word "and" from before other to after electronics, and then add "scrap metal," Pg. 1, Report of Officers, 2nd Para., last line: remove "and even get rid of scrap metal" Pg. 1, Report of Officers, 2nd Para., last line: add "dispose of' before unneeded Mr. Bloomberg moved, Ms. Rodgers seconded, MOTION CARRIED UNANIMOUSLY, to approve the minutes submitted for April 14, 2011, as amended. 7) DIRECTOR'S REPORT: Mr. Gamble invited the Board, as an appreciation trip, to the Cooley Law School Stadium. He offered two dates for consideration, and July 22 nd was selected by the majority. 12:15 p.m. Ms. Neuner arrived Mr. Gamble gave a brief update on the upcoming MDOT construction projects. Mr. Gamble gave an overview of the current road construction projects. There was questions and discussion that followed. Mr. Gamble announced the enhancement loan for Waverly/Grand River Regional Recreational Pathway Project was not approved. There will be revisions and another attempt. Mr. Gamble informed the Board the Department is changing consultants for the work on the Pennsylvania Avenue Bridge, over the Red Cedar River. It will go out for re-bid next year. The City Budget must be approved by Council this Monday night, May 16th. It was submitted without the possible 4 Mil passing, so there will be no additional impact. The dedication ceremony of the 150 th Sesquicentennial Sculpture "Inspiration" is Sunday, May 15th, at 2:00 p.m., on the Grand River Walkway between the new Lansing City Market and the Lansing Center.
Public Service Board May 12, 2011
Page 3
The 2011, 17th annual "Be a Tourist in Your Own Town" celebration is June 4th. 8) NEW BUSINESS: Mr. Baerman announced the upcoming "Election of Officers" for the July 14 th meeting. 9) OTHER BUSINESS: a. Topics for future meetings i. Procedure for projects that qualify for multiple funding sources ii. Local Street Improvement iii. Green Design Wet Weather Project iv. v. Sidewalks Single Stream Recycling vi. 10) PENDING ITEMS , : The meeting adjourned at 1:11 p.m. Respectfully submitted, Janette Tate, Recording Secretary
OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES CITY OF LANSING EMPLOYEES' RETIREMENT SYSTEM
Regular Meeting City Council Conference Room 10th Floor, City Hall Lansing, MI May 19, 2011 Thursday, 8:30 a.m.
The Board met in regular session and was called to order at 8:38 am. Present: Dedic (8:48), Kraus, McCaffery, Munroe, Parker, Robinson (8:59), Rose - 7 Absent: Trustee Bernero, Singleton Others: Karen E. Williams, Finance Department; Attorney Kenneth Lane, Clark Hill (representing the City Attorney's Office. It was moved by Trustee McCaffery and supported by Trustee Parker to approve the Official minutes of the Employees Retirement System Regular Meeting of April 17, 2011. Adopted by the following vote: 5 - 0 There were no public comments for items on the agenda. Secretary's Report. 0 new member(s), 0 reinstatement(s), 0 refund(s), 0 transfers, 0 retired. Total active membership: 506. Total deferred: 53. Refunds made since the last regular meeting amounted to $0.00. Retirement allowances paid for the month of April, 2011 amounted to $1,661,088.19. Total retirement checks printed for the ERS System: 842. 3 death(s), Delores A. Carrick, died 5/5/2011, (Planning - retired 9/15/2004), age 55, spouse to receive 100%; Robert A. Boyer, died 5/7/2011, (Public Service - retired 1/10/2003), spouse to receive 50%; Ruby L. Ray, died 5/9/2011, (Police/Civilian - retired 4/1/1997), age 62, no beneficiary. Eligible domestic relations orders received: O. Domestic relations orders pending: O. Eligible domestip-rel Lions orders certified: 0. There were no Requests for Regular Age and Service Retirements. There were no requests for duty disability retirements. M Ms. Williams reported that Case #2011 -E0317 has been scheduled to see the-Me 'icaF m N.) Director for evaluation for no - y d s bili y.
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Employees Retirement System

Regular Meeting of May 19, 2011
Page 2 There were no Requests for Refunds of Accumulated Contributions. It was moved by Trustee Rose and supported by Trustee Parker to excuse Trustee Robinson from the Employees Retirement System Meeting of May 19, 2011. Adopted by the following vote: 5 - 0 Trustee Robert Rose discussed some of the MAPERS Spring Conference workshops that included information on trustee liability. Trustee Rose found the roundtable regarding PA314 very informative. Trustee Rose reviewed the workshop regarding the economy and real estate. Trustee Mark Parker also reviewed several of the workshops that were available for attendees. Trustee Kraus stated that she always learns something new at the workshops presented. Trustee Kraus recommended members who did not attend to review the Conference Handbooks. Attorney Lane provided an update of legislation regarding HB 4361 that would tax public pensions and he reviewed the legislation that would have municipalities post Board expenditures on their website. Trustee Scott Dedic arrived to the meeting and assumed the chair. Trustee Kraus provided a report regarding the actuary bid selection. Trustee Kraus indicated that the Boards need to have one actuary. There were 4 firms that submitted, two were eliminated because they were not responsive to the proposal questions. Trustee Kraus brought up her concerns to the Police and Fire Board that the Boards did not meet jointly and would be leaving a Michigan based company. However, she felt that EFI provided a better presentation overall. Trustee Kraus' recommendation would be to select EFI. Trustee Dedic reported that the joint boards have agreed to review and discuss decisions that affected both board. Trustee Rose inquired about the process to transition from Gabriel, Roeder to EFI. Karen Williams explained that there would be overlap where the board has two actuaries to assist with the transition. The process was previously handled by an employee who has since left the City of Lansing. The Retirement Office and the Accounting Manager will be working with both actuaries to complete the 2010 evaluation. Trustee Munroe liked both companies, but would vote in the affirmative with the Board if they selected EFI, despite her concerns to give Gabriel, Roeder an opportunity to be more proactive and that the Board was leaving a Michigan-based company. Trustee Kraus wanted to Employees Retirement System Board to have a chance to voice its opinions and concerns.
Employees Retirement System Regular Meeting of May, 2011 Page 3
It was moved by Trustee Rose and supported by Trustee Munroe to select EFI as the Employees Retirement System Board actuary. Adopted by the following vote: 6 - 0 Trustee Robinson arrived to the meeting. Attorney Ken Lane distributed a vendor review policy for Board consideration. Trustee Dedic moved the ERS Ordinance Status and Board policies to pending until the next meeting. Trustee Dedic moved the Handbook Update to pending until the next meeting. Karen Williams reviewed the Gabriel, Roeder, Smith minute master proposal for calendar year 2010. Karen Williams explained that minute master comprised of all the Board's minutes, contracts and decision in a searchable electronic database. The Board has adopted Minute Master as its official records for minutes prior to 1999. The Board requested that the Retirement Office contact EFI and inquire if EFI would adopt minute master and provide a proposal for its maintenance. Karen Williams updated the Board regarding the pension software. The Project Manager reviewed the RFPs and provided a fee summary of the proposals. Eric Tumbarella has requested to extend Dawn's contract. Karen Williams distributed the Securities Lending and Board Expense Monthly report for April. It was moved by Trustee Rose and supported by Trustee Parker to adjourn the meeting. Adopted by the following vote: 6 -0. The meeting adjourned at 9:18 a.m. Minutes approved on Jerry Ambrose, Secretary Employees' Retirement System Scott Dedic, Chairperson Employees' Retirement System
OFFICIAL PROCEEDINGS OF THE BOARD TRUSTEES CITY OF LANSING POLICE AND FIRE RETIREMENT SYSTEM,
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Regular Meeting Council Conference Room 10th Floor, City Hall Lansing, MI The Board was called to order at 8:37 a.m.
May 24, 2011 Tuesday, 8:30 a.m.
Present: Trustees Fabus, Hecksel, Kraus, Oleson, St. Aubin, Wood - 6. Absent: Trustee Benson, Bernero Others: Karen E. Williams, Finance Department; Attorney Ken Lane, Clark Hill Law Office (representing the Law Department). It was moved by Trustee Oleson and supported by Trustee Hecksel to approve the Official Minutes of the Police and Fire Retirement System Board Meeting of May 24, 2011. Adopted by the following vote: 6 - O. Secretary's Report. 0 new fire member(s), 0 new police members, 0 reinstatement(s), 0 refund(s), 0 transfers, 0 retired. Total: Active membership: 434. 1 death(s) Ronald Lyon, Police, died 4/30/2011, age 66, spouse to receive 50%. Refunds made since the last regular meeting amounted to $0.00. Retirement allowances paid for the month of April, 2011 amounted to $2,003,394.95. Total retirement checks printed for the P&F System: 660. Total retirement checks printed for both systems: 1502. Domestic relations order received: O. Domestic relations orders pending: O. Eligible domestic relations orders certified: 0. There were no public comments for items on the agenda. There were no applications for the Regular Age and Service Retirement.
Regular Meeting Council Conference Room 10th Floor, City Hall Lansing, Ml
May 24, 2011 Tuesday, 8:30 a.m. Page Two
It was moved by Trustee Hecksel and supported by Trustee Fabus to go into closed session to discuss sensitive medical information of a duty disability applicant. Adopted by the following roll call vote: 6-0 Yes: Fabus, Hecksel, Kraus, Oleson, St. Aubin The Board recessed at 8:30 a.m. The Board resumed session at 8:43 a.m. It was moved by Trustee Hecksel and supported by Trustee Oleson to concur with the Medical Director's recommendation and not approve the duty disability request of #2010-F1109. Adopted by the following vote: 6 - 0 There were no requests for Non Duty Disability Retirement. Karen Williams reported that Mr. August Krymis, police department, submitted a request for refund of his Accumulated Contributions of $28,658.50. Ms. Krymiis was not vested. It was moved by Trustee Fabus and supported by Trustee Kraus to refund the accumulated contributions of Mr. August Krymis. Adopted by the following vote: 6 -0. It was moved by Trustee Hecksel and supported by Trustee Wood to excuse Trustee Benson from the May Official Police and Fire Retirement Meeting. Adopted by the following vote: 6 - O. Ms. Williams reported that she had spoken to Mr. Benson who requested am excuse due to medical issues. Mr. Benson did notify the Mayor's office to request a temporary leave of absence.
Regular Meeting Council Conference Room 10th Floor, City Hall Lansing, MI
May 24, 2011 Tuesday, 8:30 a.m. Page Three
Trustee Kraus reported that she had spoken the Mayor's office and notified the Board that Mr. Benson did wish to remain a member of the Police and Fire Board. Mr. Benson may be available to attend some session with advance notice. He would like to remain involved. Trustee St. Aubin provided a report of the Spring MAPERS Conference. He discussed the Fraud Monitoring workshop. Trustee Kraus also attended the Conference and also found the workshops informative. Trustee Oleson reported that the Police and Fire System was in good shape compared to other systems in terms of how the Board operates. Trustee Hecksel discussed the workshops led by Attorney VanOverbeke. Trustee Fabus discussed the workshop dealing with different pension plans that included hybrids and information on the emergency financial manager. Karen Williams updated the Board regarding Ms. Ursula Finney. The Retirement Office received a copy of the demand letter from the City Attorney Office to the estate representative of Ms. Finney. Attorney Ken Lane reported that the representative opened the Estate and contacted the City of Lansing. Therefore, the City did not have to open a claim. Attorney Ken Lane distributed a memo and provided a legislative update of pending Michigan House Bills. Attorney Lane discussed 4361 which was an amendment to the Income Tax Act and its treatment of public pension income. Attorney Lane also provided an overview of HB 4123 and HB 4156 - H7, requiring a public pension system board to publish its annual report, budget, and a listing of all expenditures on a website. Attorney Ken Lane reviewed the provisions Fraud Monitoring Procedure policy. The City Attorney has agreed to sign and be bound by the policy. Attorney Lane stated the policy would establish a threshold for which a claim would be filed. The City Attorney's Office would check the claim on legal grounds and then refer it to the Retirement Board to proceed. Either the firm or Attorney Lane would present the case to the Board. Asset Consulting Group would also review the claim and inform the City Attorney if there are any issues. The Board would then authorize the City Attorney to sign the legal retainer agreement to proceed.
May 24, 2011 Tuesday, 8:30 a.m. Page Four
Trustee Wood requested that the Board attach a resolution to the policy affirming the two firms that were approved by the Board. Trustee Kraus suggested that the policy be voted upon separately, because in the future the firms may change. Trustee Wood expressed concern that a case can be brought by the City Attorney's Office and pursued without consent from the Police and Fire Board. Trustee Oleson requested that the policy be tabled until the next meeting after Asset Consulting Group is consulted regarding a dollar threshold for the policy. Attorney Ken Lane distributed and reviewed policy updates for the Trustee Handbooks. Attorney Ken Lane provided a review and distributed a memo of the Reciprocal Retirement Act. Attorney Ken Lane provided an update from the City Attorney's Office that the Retirement Ordinance will be in its final form for next month's meeting. Trustee St. Aubin reported that he had been contacted from Mr. Ronald Hansen regarding medical re-evaluation for duty disability. Mr. Hansen had been seriously injured in an accident that has limited his mobility. Mr. Hansen was selected He has requested that he not be evaluated by the medical director at this time. Mr. Hansen also sent a letter of request to the Retirement Office request reinstatement of his disability benefits due to his inability to work. Mr. Hansen's pension benefits were suspended last fiscal year due to his outside earnings and pension exceeded the amount of a police officer at his same rank. His pension is reduced according to the Police and Fire Retirement Ordinance, pro-rated over 12 months. He would be eligible to receive a pension in July. The Board discussed how overages from outside earnings are repaid.
May 24, 2011 Tuesday, 8:30 a.m. Page Five
It was moved by Trustee Hecksel and supported by Trustee Fabus to remove Mr. Hansen from the medical re-evaluation list. Adopted by the following vote: unanimously Karen Williams reported that 4 fire and 3 police members who did not submit their information. A second notice will be sent those members informing them that if their certification is not received, the monthly pension payment would be subject to adjustment. The Board selected Mr. Edward Bedecs to replace Mr. Ronald Hansen on the duty disability medical re-examination list. Karen Williams announced that the Real Estate Investment Search meeting would be held June 8, 2011 at 8:30 am. Karen Williams reviewed the Gabriel, Roeder, Smith minute master proposal for calendar year 2010. Karen Williams explained that minute master comprised of all the Board's minutes, contracts and decision in a searchable electronic database. The Board has adopted Minute Master as its official records for minutes prior to 1999. The Board requested that the Retirement Office contact EFI and inquire if EFI would adopt minute master and provide a proposal for its maintenance. It was moved by Trustee Hecksel and supported by Trustee Wood to have the Retirement Office inquire to ER to provide Minute Master Services. If the Minute Master is available, request that EFI submit a fee proposal to the Police and Fire Board. If there are no Minute Master services available, the Board approves the Gabriel, Roeder, Smith proposal with fees not to exceed, $2,650. Adopted by the following vote: unanimously Karen Williams updated the Board regarding the pension software. The Project Manager reviewed the RFPs and provided a fee summary of the proposals. The Police and Fire Board voted at the Joint Meeting to extend Dawn Polihonki's contract.
Attorney Ken Lane drafted a contract extension for the Project Manager for the period of six additional months. The Board discussed terminating securities lending as recommended by Asset Consulting Group. At the Joint meeting, Mr. John Jackson, Asset Consulting Group reviewed the risks associated with security lending products. The Board discussed if they wished to continue securities lending and their risks involved with the investment. The Board discussed three options: 1) terminate security lending, 2) leave the investment "as is", 3) request that Northern Trust lower the caps. Trustee Wood explained the original purpose of the fund to provide extra benefits to retirees. Trustee Wood suggested that Asset Consulting Group provide a written recommendation on the options regarding security lending. It was moved by Trustee Fabus and supported by Trustee Hecksel to request the Asset Consulting Group provide a written recommendation regarding the three options outlined by John Jackson for securities lending at Northern Trust. Additionally, the Board requests options regarding what can be done with the reserves if withdrawn from Securities Lending. Adopted by the following vote: unanimously Karen Williams distributed and reviewed the Securities Lending Report Board Expense report for month ending April 30, 2011. It was moved by Trustee Hecksel and supported by Trustee Fabus to adjourn the meeting. Adopted by the following vote: 6 -0 The meeting adjourned at 10:00 am.
Minutes approved on Jerry Ambrose, Secretary Police & Fire Retirement System Brad St. Aubin, Chairperson Police & Fire Retirement System
CITY OF LANSING POLICE & FIRE and ERS RETIREMENT SYSTEM JOINT BOARD OFFICIAL MINUTES
Joint Meeting Council Conference Room 10th Floor City Hall Lansing, MI The meeting was called to order at 9:36 a.m. A quorum of the Police and Fire Retirement System Board and the Employees Retirement System Board was present. Trustees present: (ERS), Dedic, Munroe, McCaffery, Parker, Robinson, Rose - 6. (Police & Fire), Fabus, Hecksel, Oleson, St. Aubin, Wood - 5. Other presents: John Jackson, Asset Consulting Group, Inc. (ACG); Karen Williams; Eric Tumbarella, Finance; Attorney Kenneth Lane, Clark Hill Law Office (representing the City Attorney's Office); Don Anderson, Mark Fetters, John Napoli, Northern Trust Global Investments. Trustee Dedic moved to Quarterly Cash Flow Recommendations. Mr. John Jackson distributed Asset Consulting Group memo recommendations for the Police and Fire Retirement System and the Employees Retirement System. It was moved by Trustee Rose and supported by Trustee Parker to transfer $3,000,000 from the Northern Trust S & P 500 Index Fund - Non Lending portfolio to fund quarterly cash withdrawals as recommended by Asset Consulting Group. Adopted by the following vote: 6 - 0
IND
May 19, 2011 Thursday, 9:30 a.m.
It was moved by Trustee Rose and supported by Trustee Parker to transfef 5,D 0.0 m from Northern Trust Securities Lending to Comerica for quarterly ad - ini ati expenses. -..s Adopted by the following vote: 6 - 0 R
It was moved by Trustee Hecksel and supported by Trustee Oleson to transfer $2,000,000 from the TRowe Price portfolio to fund quarterly cash withdrawals as recommended by Asset Consulting Group. Adopted by the following vote: 5 - O.
Joint Meeting Council Conference Room 10th Floor City Hail Lansing, MI
May 19, 2011 Thursday, 9:30 a.m. Page 2
It was moved by Trustee Hecksel and supported by Trustee Oleson to transfer $5,000.00 from Northern Trust Securities Lending to Comerica for quarterly administrative expenses. Adopted by the following vote: 5 -0. Mr. Eric Tumbarella provided an overview of the Pension Administration Software Project. Mr. Tumbarella reviewed the progress of the Request for Proposals mailed to targeted vendors on behalf of the Retirement Board. Mr. Tumbarella reported that the Project Manager's contract has expired and he suggested that the contract be renewed to complete the selection process. It was moved by Trustee Rose and supported by Trustee Parker for the Employees Retirement Board to renew the Project Manager's contract. Adopted by the following vote: 6 - O. It was moved by Trustee Hecksel and supported by Trustee Wood for the Police and Fire Retirement Board to renew the Project Manager's contract. Adopted by the following vote: 5 - O. Trustee Rose requested to address the Joint Board regarding security for the Retirement Office's data. Trustee Rose had concerns about Board liability if the data was lost. Eric Tumbarella reviewed the current security information for City of Lansing data. Data can be saved on special drives that are backed up each night to the mainframe. Trustee Wood requested that Eric Tumbarella prepare a written report regarding security measures for retirement data. The Board requested that Eric Tumbarella set up the special drive as the default on the Retirement Office's computer. It was moved by Trustee Robinson and supported by Trustee Munroe that the special drive be set up as default on the Retirement Office's computer. Adopted by the following vote: 6 - 0. It was moved by Trustee Hecksel and supported by Trustee Oleson that the special drive be set up as default on the Retirement Office's computer. Adopted by the following vote: 5 - O.
Joint Meeting Council Conference Room 10th Floor City Hail Lansing, MI
May 19, 2011 Thursday, 9:30 a.m. Page 3
Mr. Mark Fetters, Mr. Don Anderson and Mr. John Napoli of Northern Trust Global Investments provided an overview of the Northern Trust Global Securities Lending. Mr. Anderson provided a background and summary of the lending process. The investment team also discussed historical earnings, and provided a Securities Lending and Collateral Management Market Update. Mr. Napoli discussed the Portfolio Detail and Summary. John Jackson reviewed the risks associated with security lending products. The Board discussed if they wished to continue securities lending and their risks involved with the investment. The Board discussed three options: 1) terminate security lending, 2) leave the investment "as is", 3) request that Northern Trust lower the caps. Trustee McCaffery indicated that with any investment there is risk, but the security lending process has provided the ERS Board with a good investment and he would not like to see it terminated at this time. The Police and Fire Retirement Board requested that this item be added to their meeting agenda. It was moved by Trustee Wood and supported by Trustee Hecksel for the Police and Fire Retirement Board to go into closed session to discuss attorney- client privilege information, 8H of the Open Meetings Act. Adopted by the following roll call vote: 5 - 0 Yeas: Fabus, Hecksel, Oleson, St. Aubin, Wood Nays: 0 It was moved by Trustee Rose and supported by Trustee Parker for the Employees Retirement System Board to go into closed session to discuss attorney-client privilege information, 8h of the Open Meetings Act. Adopted by the following roll call vote: 5 - 0 Yeas: Dedic, Munroe, McCaffery, Parker, Rose Nays: 0 The Board recessed at 11:40 am. The Board resumed session at 11:55 a.m. It was moved by Trustee Wood and supported by Trustee Hecksel for the Police and Fire Retirement System Board to move forward with the China Integrated litigation based on a recommendation from Milberg, Inc. Adopted by the following vote: 5 - O.
It was moved by Trustee Rose and supported by Trustee Parker for the Employees Retirement System Board to move forward with the China integrated litigation based on a recommendation from Milberg, Inc. Adopted by the following vote: 5 - 0 Mr. John Jackson provided a quarterly performance review of the Employees Retirement System and the Police and Fire Retirement System investment portfolios. Mr. Jackson discussed the Market Environment and provided an executive summary of the Investment Reports presented to the Boards. Mr. Jackson provided an equity analysis, fixed analysis and real estate analysis of the retirement portfolios. Mr. Jackson provided an update on the Real Estate Search to replace ING Clarion. Trustee Wood inquired into the status of the Retirement Ordinances. Trustee Wood asked that legal counsel provide an update on the Ordinances for the next Board meetings. It was moved by Trustee Rose and supported by Trustee Parker to adjourn the meeting. Adopted by the following vote: unanimously The meeting adjourned at
12:10
a.m.
Minutes approved on Jerry Ambrose, Secretary
Scott Dedic, Chairperson Employees Retirement System
Brad St. Aubin, Chairperson Fire and Police Retirement System
LANSING
7000 FINANCIAL SERVICES DIVISION Lansing Community College P. O. Box 40010 Lansing, Michigan 48901-7210 Phone: (517) 483-1722 Fax: (517) 483-5285
COMMUNITY
COLLEGE
W here Success Begins
June 21, 2011
To Whom It May Concern: The property tax resolution approved by the Board of Trustees on June 20, 2011 includes a tax rate of 3.8072 mills that is for OperatingAllMillage. Enclosed is a copy of Form L-4029. An additional copy is also being provided. Please distribute to the appropriate officials. Please remit payment to: Lansing Community College 7120-Cashier's Office P.O. Box 40010 Lansing, Michigan 48901-7210 Should you have any questions, please call me at (517) 483-1311 or email provinew@lcc.edu . Sincerely,
Wayne Provines Finance Director Enclosures cc: All Township Clerks All City Assessors All County Treasurers All County Equalization Directors r~
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309 N. Washington Sq., Lansing, MI 48933
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614
Michigan Department of Treasury (Rev. 02-11)
(This form must be completed and submitted on or before September 30, 2011) Carefully read the instructions on page 2. MILLAGE REQUEST REPORT TO COUNTY BOARD OF COMMISSIONERS This form is issued under authority of MCL Sections 211.24e, 211.34 and 211.34d. Filing is mandatory; Penalty applies. County(ies) Where the Local Government Unit Levies Taxes 2011 Taxable Value of ALL Properties in the Unit as of 5-23-11 Clinton, Eaton, Ingham, Ionia, Livingston, & Shiawassee 10,477,691,694 For LOCAL School Districts: 2011 Taxable Value excluding Principal Residence, Qualified Agricutlural, Qualified Forest, Industrial Local Government Unit Requesting Millage Levy Personal and Commercial Personal Properties. Lansing Community College This form must be completed for each unit of government for which a property tax is levied. Penalty for non-filing is provided under MCL Sec 211.119. The following tax rates have been authorized for levy on the 2011 tax roll. (5) ** (4) (7) Original 2010 Millage (6) 2011 Millage Millage Rate Permanently 2011 Current Rate Permanently (3) Authorized by Reduced by MCL Year "Headlee" Reduced by MCL Date of Election 211.34d Millage Reduction 211.34d Election Charter, etc. "Headlee" Fraction "Headlee" 1.0 1.0 1.0 1.0 0.9430 0.9430 0.9430 0.9782 1.000 1.000 1.000 1.000 0.9430 0.9430 0.9430 0.9782 (8) Sec. 211.34 Truth (12) in Assessing or Expiration (9) (10) (11) Equalization Maximum Millage Millage Date of Millage Rollback Allowable Requested to Requested to be Millage Fraction Millage Levy * be Levied July 1 Levied Dec. 1 Authorized 1.0000 1.0000 1.0000 1.0000 0.9430 0.9430 0.9430 0.9782 0.9430 0.9430 0.9430 0.9782 3.8072 0.9430 0.9430 0.9430 0.9782 3.8072 None None None None
2011 Tax Rate Request
ORIGINAL TO: County Clerk(s) COPY TO: Equalization Department(s) COPY TO: Each township or city clerk
L-4029
(1) Source Charter Charter Charter Charter
(2) Purpose of Millage
Operating All 12-15-64 Operating All 04-04-72 Operating All 03-04-85 Operating All 11.06-01
Note:
All Cities and some towns hips levy the total millage (3.8072) with the Summer Tax Bill. Some townships levy the total millage (3.8072) with the December Tax Bill. T
CERTIFICATION: As the representatives for the local government unit named above, we certify that these requested tax levy rates have been reduced, if necessary to comply with thestate constitution (Article 9, Section 31), and that the requested levy rates have also been reduced, if necessary, to comply with MCL Sections 211.24e, 211.34 and, for LOCAL school districts which levy a Supplemental (Hold Harmless) Millage, 380.1211(3).
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Clerk Secretary Chairperson President
Print Name Robin M. Smith Print Name Deborah Canja
Date
6 /T///
Date_ /^/
Local School District Use Only. Complete if requesting millage to be levied: See STC BUtletin 3 of 2011 for Instructions on completing this section. Total School District Operating Rates to be Levied (HH/Supp Rate and NH Oper ONLY) For Principal Residence, Qualified Ag, Qualified Forest and Industrial Personal For Commercial Personal For all Other
* Under Truth in Taxation, MCL Section 211.24e, the governirYg body may decide to levy a rate which will not exceed the maximum authorized rate allowed in column 9. The requirements of MCL 211.24e must be met prior to levying an operating levy which is larger than the base tax rate but not larger than the rate in column 9. *I'
IMPORTANT: See instructions on page 2 regarding where to find the millage rate used in column (5).
1L JJ II!RIIII _ I .Il _
Michigan Department of Treasury 614 (Rev. 02-11)
2011 Tax Rate Request
Carefully read the instructions on page 2. This form is issued under authority of MCL Sections 211.24e, 211.34 and 211.34d. Filing is mandatory; Penalty applies. _ County(ies) Where the Local Government Unit Levies Taxes 2011 Taxable Value of ALL Properties in the Unit as of 5-23-11 Clinton, Eaton, Ingham, Ionia, Livingston, & Shiawassee 10,477,691,694 Local Government Unit Requesting Millage Levy For LOCAL School Districts: 2011 Taxable Value excluding Principal Residence, Qualified Agricutlural, Qualified Forest, Industrial Personal and Commercial Personal Properties. Lansing Community College
This form must be completed for each unit of government for which a property tax is levied. Penalty for non-filing is provided under MCL Sec 211.119. The following tax rates have been authorized for levy on the 2011 tax roll. (4) (5) (7) Original 2010 Millage (6) 2011 Millage Millage Rate Permanently 2011 Current Rate Permanently (3) Authorized by Reduced by MCL Year "Headlee" Reduced by MCL Date of Election 211.34d Millage Reduction 211.34d Election Charter, etc. "Headlee" Fraction "Headlee" (8) Sec. 211.34 Truth in Assessing or Equalization Millage Rollback Fraction (12) Expiration Date of Millage Authorized
(This form must be completed and submitted on or before September 30, 2011) MILLAGE REQUEST REPORT TO COUNTY BOARD OF COMMISSIONERS
ORIGINAL TO: County Clerk(s) COPY TO: Equalization Department(s) COPY TO: Each township or city clerk
L-4029
(1) Source
(2) Purpose of Millage
(9) (10) Maximum Millage Allowable Requested to Millage Levy * be Levied July 1
(11) Millage Requested to be Levied Dec. 1
Charter Charter Charter Charter
Operating All 12-15-64 Operating All Operating All Operating All 04-04-72 03-04-85 11-06-01
1.0 1.0 1.0 1.0
0.9430 0.9430 0.9430 0.9782
1.000 1.000 1.000 1.000
0.9430 0.9430 0.9430 0.9782
1.0000 1.0000 1.0000 1.0000
0.9430 0.9430 0.9430 0.9782
0.9430 0.9430 0.9430 0.9782 3.8072
0.9430 0.9430 0.9430 0.9782 3.8072
None None None None
Note:
All Cities and some towns hips levy the total millage (3.8072) with the Summer Tax Bill. Some townships levy the total millage (3.8072) with the December Tax Bill.
CERTIFICATION: As the representatives for the local government unit named above, we certify that these requested tax levy rates have been
reduced, if necessary to comply with thestate constitution (Article 9, Section 31), and that the requested levy rates have also been reduced, if necessary, to comply with MCL Sections 211.24e, 211.34 and, for LOCAL school districts which levy a Supplemental (Hold Harmless) Millage, 380.1211(3). Clerk
Local School District Use Only. Complete if requesting millage to be levied: See SIC Bulletin 3 of 2011 for 'instructions on completing this section. Total School District Operating Rates to be Levied (HH/Supp and NH Oper ONLY) For Principal Residence, Qualified Ag, Qualified Forest and Industrial Personal For Commercial Personal For all Other
IXI IXI
Secretary Chairperson President
Print Name Robin M. Smith Print Name Deborah Canja
Date
/-7-/ / l
//
Rate
Date
* Under Truth in Taxation, MCL Section 211.24e, the governing body may decide to levy a rate which will not exceed the maximum authorized rate allowed in column 9. The requirements of MCL 211.24e must be met prior to levying an operating levy which is larger than the base tax rate but not larger than the rate in column 9. **
IMPORTANT:
See instructions on page 2 regarding where to find the millage rate used in column (5).
Comcast
June 15, 2011 Chris Swope, Clerk City of Lansing 124 W. Michigan Ave., 9th Floor Lansing, MI 48933 Dear Mr. Swope: Starting June 20, 2011, Comcast is changing the names of its video, Internet and voice services in Lansing to XFINITY TV, XFINITY INTERNET and XFINITY VOICE. XFINITY represents Comcast's tremendous investment in our network and products in Michigan to offer our subscribers more HD, more speed, more choices and more control than ever before. Our customers can enjoy the best entertainment and communications choices whenever they want, wherever they are and however they want. XFINITY TV offers triple the HD channels, increasing to 5,000+ HD choices, and the best HD picture quality available, as well as 50 to 70 multi-cultural channels and approaching 20,000+ Video On Demand choices. FANCAST XFINITY TV offers thousands of movies, top shows and other content available online, at home or on the go. XFINITY INTERNET offers 50Mbps speeds with 100+ Mbps coming soon and even faster in the future. XFINITY VOICE which let our customers' TV, phone and Internet work seamlessly together in new and innovative ways.
While the names of our products are changing to XFINITY TV, XFINITY INTERNET and XFINITY VOICE, the Comcast name will not change. The names of any Comcast companies with which you have agreements, including franchise agreements, remain the same. We are pleased to have this opportunity to introduce you to XFINITY TV, XFINITY INTERNET and XFINITY VOICE. If you have any questions or concerns regarding this matter, or any matter, please feel free to contact me at 517-334-5686. Sincerely,
John P. Gardner Government Affairs Manager Comcast, Michigan Region 1401 E. Miller Rd.d Lansing, MI 48911
Comcast
June 17, 2011
Chris Swope, Clerk City of Lansing 124 W. Michigan Ave., 9th Floor Lansing, MI 48933
Dear Mr. Swope: As part of Comcast's commitment to keep you informed about important developments that affect our customers in your community, I am writing to inform you of a notice that some of our customers will receive. Customers currently subscribing to our Cable Latino package, which is no longer available to new subscribers, will receive the attached letter informing them of our MultiLatino package offering over 40 Hispanic programming channels. Please see the letter for specific details. Please direct any customer calls about Comcast products, services and prices to 1-888COMCAST. Our Customer Account Executives are available 24 hours a day, 7 days a week. As always, feel free to contact me directly at 517-334-5686 with any questions you may have. Sincerely,
John P. Gardner Government Affairs Manager Comcast, Michigan Region 1401 E. Miller Rd.d Lansing, MI 48911
comcast
June 16, 2011
REQUIRED:
IMPORTANT INFORMATION ABOUT YOUR CHANNEL LINEUP
ACTION
Dear Valued Customer, Great news! Comcast has recently launched additional Hispanic programming channels. Our new Hispanic service package is MultiLatino offering over 40 channels for just $14.95 per month. How does this impact you? You have the opportunity to upgrade to the new MultiLatino package for the first two months at the same price you're paying for your current Hispanic programming package ($9.95 per month). After the first two months, your price will revert to the new MultiLatino package price of $14.95 per month. If you choose not to upgrade to MultiLatino, effective July 20, 2011, your current Cable Latino service will no longer be available and will be removed from your account. To sign up for this great offer and start enjoying all the new channels that MultiLatino offers, call 1-800-COMCAST today. Bilingual representatives are available to take your call. With MultiLatino, here are the great channels you can enjoy:
Network Ch. Network Ch. Network Ch.
Univision Discovery en Espanol CNN en Espanol Fox Deportes Caracol TV MTV Tr3s History en Espanol mun2 CineLatino VeneMovies Cine Mexicano Telemundo ESPN Deportes HTV Musics Ecuavisa Canal 52 Mx
601 602 603 604 605 606 607 608 609 610 611 612 615 616 617
Multimedios Gran Cine Gol TV Vi d eo ro l a TV Venezuela Teleformula Sur TVE TV Columbia TV Chile Latele Novels TBN Enlace iSorpresal Mexicanal EWTN Espanol Mexico 22
618 620 622 624 625 627 628 629 630 631 632 633 634 636 637 639
Once TV SUR Peru TV Dominicans TeleFe Utilisma CBTV WAPA America Galavision Ritmoson Latino ...: Telehit Bandamax De Pelicula De Pelicula Clasico
`Univision can be found on channel 50/56/64/98/657 depending on the channel lineup.
641 643 644 646 647 648 650 651 652 653 654 655 656
If you have any questions or would like to know more about Comcast products and services, please contact us at 1-800-COMCAST (1-800-266-2278). Thank you for being our customer. Sincerely, Comcast
Offer ends 7/20/11. Limited to MultiLatino service to a single outlet. Not available in all areas. After promotional period, or if any service is cancelled or downgraded, regular charges apply. Comcast's current monthly service charge for MultiLatino is $14.95. Pricing subject to change. Equipment, installation, taxes and franchise fees extra. Certain services available separately or as part of other levels of service. Basic Service subscription required to receive other levels of service. Not all programming available in all areas. Call for restrictions and complete details. Comcast 2011. All rights reserved.
TR
TT ROSSMAN
June 21, 2011 MEMO TO: Members of the Lansing City Council FROM: IN RE: Kelly Rossman-McKinney Written Comments from Last Night's Public Hearing
Many thanks again for your attention to the concerns of an increasing number of business and community leaders deeply concerned about the overwhelming proliferation of marijuana stores in the city of Lansing. As I indicated last night, I speak on behalf of a number of businesses located along Michigan Avenue, including (but definitely not limited to) the following: Tim Daman, Lansing Regional Chamber of Commerce Greater Lansing Convention & Visitors Bureau Lansing Lugnuts 621 Clara's Brogans Tire and Auto Service Jon Anthony Florist Sparrow Soup Spoon Cafe Gone Wired Iron Quest Fitness Bud Kouts Gillespie Company, L.L.C Gillespie Group Neogen Corporation Traction Cooley Law School Let me make it clear: we do not oppose marijuana stores but we do oppose the absolute proliferation of these stores in our community.
As long-time members of this community, many of us remember all too clearly the struggle to rid Michigan Avenue of the blight wrought upon us by porn shops and dirty bookstores that lined the gateway to the Capitol and to MSU. One of Mayor David Hollister's proudest accomplishments is the elimination of that blight. Unfortunately, we are heading in that direction again. We were stunned to learn of two critical statistics: 1) Lansing has more marijuana stores than any other community in Michigan; and, 2) Lansing has twice as many marijuana stores as the city of San Francisco. As a result, we strongly urge you to take the following additional action as you continue to deliberate the ordinance to regulate marijuana stores in our city: 1. Extend the current moratorium for 90 days. 2. Eliminate the F-1 zoning, which would allow stores in fragile neighborhoods on the cusp of success, including Reo Town, Old Town, East Michigan and West Saginaw. 3. Establish a cap of no more than 10 stores and distribute those stores throughout the city so that no one ward or neighborhood bears the brunt of the impact. 4. Eliminate the grandfather clause. 5. Prohibit on-site growing. 6. Prohibit on-site consumption. 7. Conduct strong background checks of all owners and employees. 8. Require product tracking and auditing. 9. Create a dispensary licensing board represented by a physician, dispensary, business owner and neighborhood leader. 10.Limit hours of operation. 11.Prohibit drive-throughs. 12.Establish a 1-year sunset. 13.Establish a task force that includes medical representation (our recommendation is Ingham County Health Director Dr. Dean Sienko, among others) to review best practices from other cities around the state, along with other states that allow marijuana stores. Again, we do not oppose marijuana stores but we do have deep concerns about the severe proliferation of these stores and their impact on our community. We urge you to take an additional 90 days to button this issue up in a way that preserves and protects the rights of patients, business owners and neighbors.
Chris Swope - City Clerk Lansing City Council 124 W. Michigan Lansing, MI 48933 Unanimous YES vote for the City of Lansing Michigan 's Medical Marijuana Ordinance
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Lansing residents are due a unanimous vote in support of the Medical Marijuana ordinance. The calls for extending the moratorium are a feeble attempt to undermine the voters of the City of Lansing by insulting their intelligence. The calls for additional studies and the conduct of Attorney General Bill Schuette regarding public safety are a desperate attempt by a bunch of narrow minded individuals who want to take the State of Michigan backwards to the good of days of incarcerating people in jails and prisons for Marijuana possession, manufacturing, and use. City of Lansing businesses on Michigan Avenue and other locations in the city have benefited immensely from Medical Marijuana. Businesses like the horticulture shops, coffee shops, and bars have benefited from the collateral economic growth of this industry in the city. Educational institutions like Michigan State University, Okemos Public Schools, and Shabazz Academy have benefitted from students wanting to learn how to grow and help deal with global climate change. This can be developed and used in the Lansing School District to enhance their math and science programs with the research into Industrial Hemp and Marijuana. We in the Medical Marijuana community are protecting the children through education and information instead of the mis-information of the D.A.R.E. program that treats marijuana use as a criminal act. Furthermore we hope that the council protects the constitutional rights of the voters instead of the prohibitionist stance from certain religious groups. GOD is bi-partisan and manufactures a good product from a seed. Lansing has become a place to visit and it is very evident from the visitors who come here from all over the State of Michigan to get some of the best marijuana in the United States of America. We manufacture excellent Marijuana right here in Lansing Michigan and maybe one day we will be exporting our products to all corners of the world. Lansing Michigan is a world class city with world class Marijuana. Therefore we hope that the Lansing City Council removes the 24/7 restrictions and vote yes in support of Ordinance #876. The people demand it. Sincerely,
Richard Clement - Coordinator Ingham County NORML www.minorml.org
(6/22/2011) Kevin
Reeves - Fwd: OP-ed released
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From: To: Date: Subject:
Diana Bitely Kevin Reeves 6/22/2011 11:28 AM Fwd: OP-ed released
For the council agenda >>> MMDA Dispensary Association <infodispensaryassociation.orq> 6/21/2011 5:02 PM >>> Carol I/we have obvious interests in Lansing dispensaries and have followed you throughout the media. Despite our differences of opinion I do sympathize with the concerns you have for your constituents and neighbors and applaud your efforts to do what you believe best for the city of Lansing. The following op-ed expresses my/our thoughts. Medical Marijuana Dispensary Association Approves Lansing Ordinances As an active investor in several medical marijuana operations and a citizen of Michigan, I share several concerns about the medical marijuana industry with opponents. Every day I hear citizens voicing discomfort about the prospect of a dispensary in their town and am often forced to agree with them.
A lot of this fear is moral panic brought upon by the status quo. A truer concern for communities is that of less-than-professional operators in the medical marijuana industry.
As a resident of Michigan I am concerned with some of the individuals that are co-piloting the business of medical marijuana in the State. It is a personal challenge to become the benchmark for dispensaries and provide comfort to my neighbors that we can serve patients without tarnishing our communities.
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Lansing is an example of what a town can expect when it refuses to address the issue of zoning dispensaries head on. I own one of the 40+ dispensaries in Lansing, Relief Choices, and have seen the growth of dispensaries here in a short period. Subsequently my business has also realized the effects of market saturation. Relief Choices was one of the first in the city and served the needs of many patients, that is until the town was soon flooded with competition.
I am in favor of a free and open market, just with some rules and standards attached.
(6/22/2011) Kevin Reeves - Fwd: OP-ed released
As a business we are committed to the medical use of marijuana and that is reflected by our advertising initiatives and branding. When such competition for medical marijuana exists in a community, as witnessed in Lansing, dispensaries in their need to compete often sacrifice their messaging. This behavior often tends to blur the lines and the marketing appeals more to a recreational consumer as opposed to a medical patient.
Neon-green-marijuana-leaf signs, the absolute fear of all communities, will come to those communities where competition is the greatest and/or local government has done little to address zoning issues. The "clean up" that Lansing is now undertaking will prove to be a challenge and I hope will serve as a lesson to all communities opting to ignore the zoning of dispensaries in their own town.
Ryan Richmond is the director of the Medical Marijuana Dispensary Association (dispensaryassociation.org ) Through our members we protect the public health by promoting the highest standards of practice and assist with regulations that help to govern the distribution of medical marijuana. Our promise to the public is what drives all decisions, standards and training efforts of the Medical Marijuana Dispensary Association. *Medical Marijuana Dispensary Association* *Delivering Our Promise to the Public*
6/22/2011) Diana Bitely -_ Medical Marijuana
Page
Ashley Renkes <ashleyrenkes@gmail.com > <council@ci.lansing.mi.us > 6/21/2011 5:29 PM Medical Marijuana
Dear City Council: Medical Marijuana should not be dispensed in residential areas, or near schools and churches. It is important to protect homeowners and the value of their land. It is important to protect children and parishioners from the criminal element we have already seen trying to rob these businesses and create an unsafe environment. In addition, allowing these dispensaries in high-traffic commercial areas will create a poor image of our city. Grandfathering in dispensaries that do not meet strict criteria for their operations and location would be unwise, and would have .a negative effect on all parties previously mentioned. It is up to you to stand up for the citizens of Lansing, people who own or rent homes here, pay taxes here, and want to be safe and free from drugs on every corner (which are still illegal under federal laws). Yes, medical marijuana is legal under Michigan law, but does that law actually trump federal law? Shouldn't we clamp down on medical MJ until it is appropriately dispensed by pharmaceutical standards in pharmacies (since it is for medical purposes only)? Would you want your property value cut in half because a medical MJ business moves in across the street from you? Would you want visitors seeing multiple medical MJ businesses along the main thoroughfares in Lansing? Please stand up for the majority of us that do not use medical MJ and don't want to see it spread across the city unnecessarily. Why should a city of a little over 100k people have more than one or two places to buy medical MJ (if any at all). This issue will be a deciding factor in my family's next vote for council members. If council does not protect the city from the spread of this (ultimately) illegal business, then I'm not sure what else council will protect us from... Thank you Ashley Renkes 3327 Gingersnap Lane, 48911
You must be the change you wish to see in the world. -Mahatma Gandhi
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(6/24/2011) Kevin Reeves Fwd medical marajuana clinics on Michigan Av
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Diana Bitely Kevin Reeves 6/23/2011 3:40 PM Fwd: medical marajuana clinics on Michigan Av
Another for the Council agenda >>> "Alice Williams" <Alice.Williams(aSPARROW.ORG > 6/21/2011 4:40 PM >>> I am writing to report increased break-in (per Mike Lamb's report to the Foster Neightborhood Association) and thief activity as well as a mugging at Michigan and Magnolia (directly across from the 24-7 clinic) and increased foot and bicycle traffic by random persons, mostly male, who appear to be passing through the neighborhood frequently and just "LOOKING AROUND." I have been approached three times in the past week when working in myfront yard by strangers who offer "to work for a little money...ie. pull weeds" I explain that I do not hire strangers...Please consider the effects of this crime increase on the home owner and rental population in our neighborhoods on the Eastside---l for one will not choose to remain here if this crime increase continues. I resent the business interests on Michigan Ave that have brought such a traffic of risk into our once peaceful, once safe working class neighborhood...Is Lansing this desperate? The deterioration of Michigan Ave to these clinics that do nothing to adorn themselves or refurbish their property, not to mention the increase in pawn shops and tatoo parlors, is rapidly destroying accessibility of ordinary businesses which sought to offer the Eastside as a viable mixed neighborhood. Please consider and vote for the amendments on the petition.

Lansing (MI) City Council Info Packet For June 27 Meeting

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Lansing (MI) City Council Info Packet For June 27 Meeting

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REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LANSING, MICHIGAN CITY COUNCIL CHAMBERS, 10TH FLOOR LANSING

Approval of the Printed Council Proceedings of June 6, 2011

VII. VIII. IX. X. XI.

COMMENTS BY COUNCIL MEMBERS AND CITY CLERK COMMUNITY EVENT ANNOUNCEMENTS

(Time, place, purpose, or definition of

event 1 minute limit)

PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the

COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS A. B. REFERRAL OF PUBLIC HEARINGS CONSENT AGENDA

BY COUNCIL MEMBER CAROL WOOD a. Tribute; In memory of Valencia Stubbs Webb

RESOLUTIONS FOR ACTION

REPORTS FROM COUNCIL COMMITTEES

Letter(s) from the Mayor re: i. Labor Contract Extensions

COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

MOTION OF EXCUSED ABSENCE

CHRIS SWOPE, CITY CLERK

DRAFT #3 APRIL 25, 2011 1

A VERA GE LIMIT MEANS THE MAXIMUM ALLOWABLE AVERAGE DAILY

BEST MA NA GEMENT PRA CTICES OR BMPS MEAN SCHEDULES OF ACTIVITIES,

30 A FLOW-PROPORTIONAL SAMPLING TECHNIQUE, AN ALTERNATE TIME-

3 S:\Attorney_Staff\ORDINANCES\Sewer Use Ordinance\Sewer Use Ordinance 1046.011046.99 D#3 04.25.11.doc

24 administrator or another duly authorized official thereof.

28 toilets, campers, trailers, septic tanks and vacuum-pump trucks.

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DRAFT #3 APRIL 25, 2011

INSTA NTA NEOUS LIMIT MEANS THE MAXIMUM CONCENTRATION OF A

DRAFT #3 APRIL 25, 2011

Pretreatment requirement means any substantive or procedural requirement for treating

30 a waste prior to inclusion in the POTW.

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DRAFT #3 APRIL 25, 2011

4 designed to provide treatment to wastewater.

Publicly owned treatment works or POTW means a treatment works as defined by

Significant violation means one or more of the following:

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Standard industrial classification means a classification pursuant to the Standard

9 precipitation and resulting therefrom. 10 11 13

18 suspended in, water, wastewater or other liquids, which matter is removable by

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DRAFT #3 APRIL 25, 2011

9 wastewater into the POTW.

Liter Milligrams Milligrams per liter

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Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., as amended

Total suspended solids

United States Code

Operation and maintenance

Clean Water Act.

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6 (6) 3.6 1.8 mg/1 lead; 1-)

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DRAFT #3 APRIL 25, 2011

(vi) MAY BE ESTABLISHED BY CALCULATIONS BASED ON CURRENT USER

3 AVAILABLE TECHNOLOGY, PROFESSIONAL JUDGEMENT, AND/OR LOCAL 4 ECONOMIC POLICY DECISIONS. 5

(vii) SHALL APPLY APPROPRIATE MAXIMUM DAILY FLOWS ESTABLISHED

REQUIREMENT TO ACCURATELY COLLECT AND REPORT ACTUAL

13 AVOID UNDUE HARDSHIP FOR THE AFFECTED USER. 14

15 CATEGORICAL STANDARDS, BUT MAY BE MORE RESTRICTIVE. 16

17 CALCULATING EXTRA STRENGTH SURCHARGES FOR COMPATIBLE 18 POLLUTANTS. 19