REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, August 21, 2018
A meeting of the City Council of the City of Belding, Michigan was convened in open and public session at 7:00 p.m. on Tuesday, August 21, 2018.
Mayor Gunderson delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The City Clerk took the roll call:
Members Present: Council Members Brad Miller, Bruce Meyers, Mike Scheid, Douglas Feehan and Ronald Gunderson
Members Absent: None
Approval of Agenda
Council Member Feehan made a motion to approve the agenda as presented, supported by Council Member Miller.
Mayor Gunderson asked to add as New Business, Item B - notice of intent to pursue the transfer of certain real property.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
Public Comments
There were no public comments.
Consent Agenda
- Approve Independent Bank Checks 70649 to 70743 in the amount of $89,571.77
Approve Chemical Bank Checks 7238 to 7243 in the amount of $654,122.73
Approve Independent Bank – File Approval Confirmation
Approve Independent Bank – ACH Transaction Approval Confirmation
- Approve Minutes: Regular scheduled meeting, August 7, 2018
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Feehan.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson.
Nays: None.
Reports by Council Liaisons
Council Members Feehan Miller, Scheid and Gunderson had no reports
Council Member Meyers stated the Rec Board meeting was cancelled, and the next meeting is September 10, 2018 at 6:30 p.m. at city hall. The Housing Commission meeting will be held on September 20, 2018 at 6 p.m.
Unfinished Business
There was no unfinished business.
New Business
A. First Reading of Ordinance No. 546 – Sewer Use Ordinance
The City Clerk read the preamble to the ordinance.
Council Member Scheid made a motion to bring the ordinance to the floor for discussion, supported by Council Member Feehan.
AN ORDINANCE TO AMEND AND REVISE CHAPTER 86 OF THE CODIFIED ORDINANCES OF THE CITY OF BELDING BY AMENDING ARTICLE V, DIVISION 2, WHICH REGULATES DISCHARGES TO THE POTW
THE CITY OF BELDING ORDAINS:
Section 1. Amendment of Section 86-234.
Section 86-234 of the City Code is hereby amended to read in its entirety as follows:
Sec. 86-234. Abbreviations.
The following abbreviations shall have the designated meanings:
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
EPA Environmental Protection Agency
ERP Enforcement response plan
L Liter
LOD Level of detection
MAHL Maximum allowable headworks loading
MAIL Maximum allowable industrial loading
MAC Michigan Administrative Code
mg Milligrams
mg/L Milligrams per liter
MRP Mercury reduction plan
NPDES National Pollutant Discharge Elimination System
PCBs Polychlorinated biphenyls
POTW Publicly owned treatment works
SIC Standard industrial classification
SWDA Solid Waste Disposal Act, 42 USC 6901 et seq. United States Code
TSS Total suspended solids
WWTP Wastewater treatment plant
Section 2. Amendment of Section 86-246.
Section 86-246 of the City of Belding Code of Ordinances ("City Code") is hereby amended to read in its entirety, through (b) Specific Prohibitions, (2) Specific local limits for non conventional and organic improvements:
Sec. 86-246. Discharge prohibitions.
(a) General prohibition. No user shall contribute or cause to be contributed, directly or indirectly, to the POTW, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. This general prohibition and the specific discharge prohibitions which follow in this section shall apply to every user whether or not the user is subject to other pretreatment standards or requirements.
(b) Specific prohibitions. No user shall contribute any of the substances listed below in this section to the POTW. This section sets forth the minimum requirements for users’ discharges to the POTW. Additional or more restrictive requirements may be required of particular users under a wastewater discharge permit, or as otherwise authorized or required by this chapter or other applicable laws and regulations. Specific limitations for individual industrial users are available for public review at the city WWTP during normal business hours.
(1) Specific local limits for conventional pollutants.
a. No user shall discharge or contribute to the POTW, directly or indirectly, pollutants in concentrations that exceed the daily maximum or monthly average concentrations below in this subsection.
b. At the discretion of the superintendent, a surcharge may be applied to discharges above the surcharge threshold and up to the daily maximum. If allowed by the superintendent, discharges exceeding the surcharge threshold, but less than daily maximum limits (and which do not violate any other applicable prohibitions, limitations, or requirements), are not considered violations of this chapter, but are subject to surcharges as provided by this chapter. All exceedances of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements shall constitute a violation of this chapter, subject to applicable fines, penalties, and other enforcement actions. In no event shall the imposition of a surcharge for a discharge which does not meet the user applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this chapter.
Parameter Surcharge Threshold Daily Maximum
Concentration (mg/l) Concentration (mg/l)
Ammonia-N 20 65
BOD5 300 1,000*
Total Suspended Solids 300 600*
Fats, Oils, and Grease N/A 150
Total Phosphorus as P 10 25*
*Special Discharge Allocation: A non-domestic user may, at the time of application for an IPP discharge permit, request that the uniform concentration limits for BOD5, total suspended solids, ammonia nitrogen, and total phosphorus be increased for that permit. Such special discharge allocation is expressed as a total daily pound limitation. Approval of a special discharge allocation shall be subject to the following provisions:
- The user requests a special discharge allocation through the permit application process, and this request must include a written acknowledgement whereby the user consents to comply with all terms and conditions which may be imposed by the POTW.
- The POTW makes a determination that adequate treatment capacity allowing for the special discharge allocation exists within the city maximum allowable industrial loading (MAIL) shown below:
Parameter MAIL
Biochemical Oxygen Demand (BOD5) 1,890 lbs/day
Ammonia Nitrogen (NH3-N) 176 lbs/day
Total Phosphorus (TP) 43.4 lbs/day
Total Suspended Solids 681 lbs/day
- The special discharge allocation is within the MAIL as found above and would not result in the POTW receiving pollutants in excess of its ability to treat. Notwithstanding the forgoing, the special discharge allocation does not confer any right to any particular amount of capacity in future periods. In addition, the POTW reserves the right to institute a review of any previously permitted special discharge allocation at any time, pursuant to which the POTW in its discretion, upon notice and the opportunity for a hearing, may reduce or eliminate a user’s previously permitted or approved special discharge allocation.
(2) Specific local limits for nonconventional and organic pollutants. No industrial
user under the City of Belding Industrial Pretreatment Program shall discharge or contribute to the POTW, directly or indirectly, pollutants in concentrations that exceed the daily maximum concentrations below in this subsection:
Nonconventional Pollutants Daily Maximum Concentration (mg/l)
Arsenic 0.21
Cadmium (Cd) 0.10
Chromium (total) 6.56
Copper (Cu) 0.66
Cyanide (Cn) (total) 0.65
Lead (Pb) 1.67
Mercury (Hg) LOD*
Molybdenum (Mo) 0.46
Nickel (Ni) 0.49
Silver (Ag) 0.007
Selenium (Se) 0.37
Zinc (Zn) 5.0
* The local discharge limitation for mercury is established as the level of detection (LOD) in accordance with the following:
There shall be no detectable amounts of mercury discharged into the POTW. Mercury sampling procedures, preservation, handling, and analytical protocol for compliance monitoring shall be in accordance with EPA Method 245.1, unless the POTW Superintendent requires EPQ Method 1631 (or other appropriate method). The LOD developed in accordance with the procedure specified in 40 CFR 136 shall not be greater than 0.2 µg/L for Method 245.1 or 0.5 ng/L for Method 1631, unless higher levels are appropriate due to matrix interference.
The evaluation of potential matrix interference(s) shall include, at a minimum, the following:
1. A demonstration that the laboratory conducting the analysis is capable of achieving the LOD of 0.2 ug/L in reagent water;
2. A demonstration that the LOD of 0.2 ug/L cannot be achieved in the effluent; and
3. A demonstration that an attempt has been made to resolve the matrix interference(s).
In cases where true matrix interference(s) can be demonstrated, a discharge-specific LOD will be developed in accordance with the procedure in 40 CFR 136. Discharge-specific LOD’s will be incorporated into the wastewater discharge permit of the nondomestic user.
The remainder of Section 86-246, beginning with (b) Specific prohibitions, (3) Mercury reduction plans, shall remain unchanged in its entirety to the end of Section 86-246.
Section 3. Severability.
The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
Section 4. Effective Date.
This Ordinance becomes effective ten (10) days after its adoption and upon publication in a newspaper of general circulation.
The question on the first reading of the ordinance was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
B. Motion of intent to pursue the transfer of certain real property
Council Member Miller made a motion of intent to pursue the transfer of certain real property upon which the Belding Housing Commission operates Belhaven I, Belhaven II. Woodhaven, Hilltop Court and Taft Court to the Belding Housing Commission subject to: (i) a formal City Council determination that the property is surplus; (ii) satisfactory execution and recordation of a Declaration of Easements, Covenants and Restriction encumbering the property; and (iii) any additional conditions agreed by the parties, supported by Council Member Scheid.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
Public Comments
Lisa Ratliff, Rockford, stated they are working on flyers for local businesses, will have a booth at the Labor Day celebration, and will have a meet and greet at The Horse’s Mouth on September 7 from 6-8 p.m. They will be at the American Legion on September 8 from 6-8 p.m. and will serve hot dogs. They will be available to answer questions. A physician will be there. There is a church nearby the proposed property that provides addiction support. A volunteer monitors the social media sites. The mayor shared with her that they may have received a packet regarding Bradley. It was not a Belding citizen. She asked that they feel free to contact their attorney, Tom Kuiper, at 616-443-0022.
City Manager Comments
City Manager Niemela stated he has had inquiries and conversation about Ranney Village. He hopes it will lead to something more.
Council Comments
Council Member Meyers had no comment.
Council Member Scheid thanked everyone for showing up.
Council Member Feehan asked the city manager to keep them posted on Ranney Village
Council Member Miller stated he is looking forward to the Labor Day celebration.
Mayor Gunderson thanked everyone for attending the meeting.
Closed Session
- Strategy and negotiation session connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed hearing.
Council Member Scheid made a motion to enter closed session at 7:20 p.m., supported by Council Member Feehan.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
Council Member Scheid made a motion to return to regular session at 7:47 p.m., supported by Council Member Feehan.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
Adjournment
Council Member Scheid moved to adjourn the meeting, supported by Council Member Feehan.
Ayes: Council Members Miller, Meyers, Scheid, Feehan and Gunderson
Nays: None
The Mayor adjourned the meeting at 7:48 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
