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. ROLL CALL

II. MEDITATION AND PLEDGE OF ALLEGIANCE

III. 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.)

V. TABLED ITEMS

VI. SPECIAL CEREMONIES

1. City Council and Mayoral Presentation; In Recognition of City Clerk Chris Swope, recipient of the Michigan Association of Municipal Clerk’s City Clerk of the Year Award

2. 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

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of event – 1 minute limit)

IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS

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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. REFERRAL OF PUBLIC HEARINGS

B. 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 Association’s 2011 Community Service Award

b. Tribute; In recognition of Sarah King of Grounded Cleaning, recipient of the South Lansing Business Association’s 2011 Business Person of the Year Award

c. Tribute; In recognition of Ron Jones, Sr. of Edwards Photographic Studio, recipient of the South Lansing Business Association’s 2011 Lifetime Achievement Award

2. BY COUNCIL MEMBER A’LYNNE ROBINSON

a. Tribute; In Recognition of City Clerk Chris Swope, recipient of the Michigan Association of Municipal Clerk’s 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. Tribute; In recognition of Lansing Police Officer Nate Osborn for his heroic efforts on May 26, 2011

b. Tribute; In recognition of Lansing Police Officer Jeromy Churchill for his heroic efforts on May 26, 2011

c. Tribute; In recognition of Lansing Police Officer Jenni Maatman for her heroic efforts on May 26, 2011

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d. Tribute; In recognition of Lansing Police Sergeant Guy Pace for his heroic efforts on May 26, 2011

5. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Brownfield's Economic Development Initiative (BEDI) Grant Application Submission; Knapps Building Redevelopment

b. 2014Approval of SLU-1-2011; 300 Frandor Avenue – Wireless Communications (Cell) Tower

c. Confirmation of Appointment of Colin Maguire to the Planning Board for an At-Large Term to Expire June 30, 2014

d. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1323 Wickham Dr.

e. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1324 Wickham Dr.

f. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1329 Wickham Dr.

g. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1330 Wickham Dr.

h. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1408 Wickham Dr.

i. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1412 Wickham Dr.

j. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1416 Wickham Dr.

k. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1420 Wickham Dr.

l. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 1424 Wickham Dr.

m. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 501 Worthington Dr.

n. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 504 Worthington Dr.

o. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 507 Worthington Dr.

p. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 510 Worthington Dr.

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q. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 602 Worthington Dr.

r. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 608 Worthington Dr.

s. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 614 Worthington Dr.

t. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 620 Worthington Dr.

u. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 626 Worthington Dr.

v. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 632 Worthington Dr.

w. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 640 Worthington Dr.

x. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 648 Worthington Dr.

y. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 656 Worthington Dr.

z. Approval of a Neighborhood Enterprise Zone (NEZ) Certificate for property located at 664 Worthington Dr.

6. 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. Setting a Public Hearing for July 18, 2011 in consideration of Snow and Ice Removal Assessment for Winter 2010-11

b. Collective Bargaining Agreement Negotiations

C. RESOLUTIONS FOR ACTION

1. BY THE COMMITTEE ON WAYS AND MEANS

a. Budget Amendment; City of Lansing Fiscal Year 2011 Budget

b. Transfer of Funds; Park Millage Fund, Roof Repair for Women’s Historical Center

D. REPORTS FROM COUNCIL COMMITTEES

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E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

F. 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

b. 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

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS

XV. 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. Providing notice of the placement on file of the Tri-County Office on Aging’s (TCOA) Area Plan Fiscal Year 2012

ii. Submitting Minutes of Boards and Authorities placed on file in the City Clerk’s Office

b. Letter(s) from the Mayor re:

i. Labor Contract Extensions

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. 2011 Tax Levy and Millage Reduction Fraction Computation submitted by Lansing Community College

b. Letters from Comcast Cable providing notice of:

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i. The changing of the names of its video, Internet and voice services in Lansing to XFINITY TV, XFINITY INTERNET and XFINITY VOICE

ii. Cable Latino/MultiLatino Package changes

c. Letters regarding Medical Marihuana submitted by:

i. Truscott Rossman

ii. Ingham County NORML

iii. Medical Marijuana Dispensary Association

iv. Ashley Renkes of 3327 Gingersnap Ln.

v. 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 Clerk’s 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 LANSINGNOTICE OF PUBLIC_HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, June27, 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 ordinanceof the City of Lansing, Michigan, to Amend Chapter 1046 of the Lansing CodifiedOrdinances by making changes approved by the Michigan Department ofEnvironmental Quality and required by Federal Law. For more information pleasecall 483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

DRAFT #3APRIL 25, 2011

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ORDINANCE NO.

2

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

THE CITY OF LANSING ORDAINS:

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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

1046.01. Purpose.

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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; and24 (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:

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1 The Act means the Federal Water Pollution Control Act, also known as the Clean Water

2 Act, as amended, 33 U.S.C. 1251 et seq.

3 Alternative discharge limit means a limit set by the City in lieu of the promulgated

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 Approval 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 Authorized representative of industrial user means:

13

A. A principal executive officer of at least the level of vice-president, if the industrial

14 user is a corporation;

15

B. A general partner or proprietor, if the individual user is a partnership or

16

proprietorship, respectively; or

17 C. A duly authorized representative of an individual designated in paragraphs (4)A. and

18

B. hereof, if such representative is responsible for the overall operation of the facilities

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 AVERAGE 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 MANAGEMENT PRACTICES OR BMPS MEAN SCHEDULES OF ACTIVITIES,

29 PROHIBITIONS OF PRACTICES, MAINTENANCE PROCEDURES, AND OTHER

30 MANAGEMENT ACTIONS. BEST MANAGEMENT PRACTICES ALSO INCLUDE

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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

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(milligrams per liter).

8 Building sewer means a sewer conveying wastewater from the premises of a user to the

9 POTW.

10 Bypass means the intentional diversion of waste streams from any portion of a user's

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treatment facility.

12 Categorical standards means national categorical pretreatment standards.

13 Chemical oxygen demand or COD means a measure of the oxygen-consuming capacity

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 Combined waste stream means the waste stream at industrial facilities where regulated

20 process effluent is mixed with other wastewater, either regulated or unregulated, prior to

21

or at the point of treatment.

22 Compatible pollutant means a substance amenable to treatment in the wastewater

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

28

volume is proportional to the flow or time in the waste str am, which samples arc

29

SAMPLE ALIQUOTS COLLECTED SEPARATELY USING

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

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1 BASED SAMPLING TECHNIQUE, OR A GRAB-BASED SAMPLING TECHNIQUE,

2 AND COMBINED INTO ONE SAMPLE PRIOR TO ANALYSIS. A FLOW-

3 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

Cooling water means the water discharged from any use such as air conditioning,

12

cooling or refrigeration, to which the only pollutant added is heat.

13 DAILY MAXIMUM 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 Direct discharge means the discharge of treated or untreated wastewater directly to the

20 waters of the State.

21 Director means the Director of Public Service..-, OR HIS/HER DULY AUTHORIZED

22 REPRESENTATIVE.

23 Environmental Protection Agency means the U.S. Environmental Protection Agency, its

24 administrator or another duly authorized official thereof.

25 Grab sample means a sample which is taken from a waste stream on a one-time basis

26 with no regard to the flow in the waste stream and without consideration of time.

27 Holding tank waste means any waste from holding tanks such as vessels, chemical

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

29 Incompatible pollutant means any pollutant which is not a compatible pollutant.

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1 Indirect discharge means the discharge or the introduction of nondomestic pollutants

2 into the POTW, including holding tank waste discharged into the system.

3 Industrial user means any user which discharges industrial waste.

4 Industrial waste means the wastewater discharge from industrial, manufacturing, trade or

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 INSTANTANEOUS 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 Integrated facilities means industrial facilities with a combined waste stream.

13 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

24 pollution discharge limits promulgated by the EPA, which regulation applies to a specific

25

category of industrial users.

26 National Pollutant Discharge Elimination System Permit or NPDES permit means a

27 permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342), as amended.

28 National prohibitive discharge standard or prohibitive discharge standard means any

29 regulation developed under the authority of Section 307(b) of the Act and 40 C.F.R.

30 403.5, as amended.


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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

construction; or

10 C. Production or wastewater generating processes of the facility are substantially

11

independent of an existing source at the same site.

12 Construction is considered to have commenced when installation or assembly of

13

facilities/equipment has begun, significant site preparation has begun for installation or

14 assembly, or the owner/operator has entered into a binding contractual obligation.

15 pH means the logarithm base 10 of the reciprocal of the concentration of hydrogen ions;

16

expressed in grams per liter of solution.

17 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,

22 biological and radiological integrity of water.

23 Pretreatment or treatment means the reduction of the amount of pollutants, the

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

2

discharge limits, whichever is applicable.

3 POTW treatment plant means that portion of the publicly owned treatment works

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 Severe property damage means substantial physical damage to property, damage to the

11

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-


1046.99 D#3 04.25.11.doc


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 DISCHARGE 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 A30 NON-ROUTINE EPISODIC NATURE, INCLUDING AN ACCIDENTAL SPILL OR


1046.99 D#3 04.25.11.doc


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

9 precipitation and resulting therefrom.

10 Superintendent means the person designated by the City to supervise the operation of the

11

publicly owned treatment works, who is charged with certain duties and responsibilities

12 by this chapter, or his or her duly authorized representative.

13 Surcharge means that part of the service charge that any customer discharging

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 Suspended solids means the total suspended matter that floats on the surface of, or is

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

19

laboratory filtering.

20 TOTAL PHENOLS INCLUDES THE FOLLOWING PHENOLIC COMPOUNDS: 2-

21 CHLOROPHENOL, 4-CHLOROPHENOL, 2,4-DICHLOROPHENOL, 2,4-

22 DIMETHYLPHENOL, 2,4-DINITROPHENOL, 2-METHYLPHENOL, 3-

23 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 Wastewater 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

Waters of the State means all streams, lakes, ponds, marshes, watercourses, waterways,

15

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 Liter

mg - Milligrams

mg/1 - Milligrams per liter


1046.99 D#3 04.25.11.doc


LB/DAY POUNDS PER DAY

MDNR MDEQ - ofMichigan Department

Natural Rcsourccs ENVIRONMENTAL

QUALITY

USEPA - U.S. ENVIRONMENTAL PROTECTION AGENCY

SIC 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 Clean Water Act.

1

2

3

1046.04. General discharge prohibitions.

4

(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

(1) Any liquid, solid or gas which, by reason of its nature or quantity, is or may be

8

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;

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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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1

(11) Any wastewater containing any radioactive waste or isotope of such half life or

2 concentration as may exceed limits established by the Director of Public Service in

3

compliance with applicable State or Federal regulations;

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

(b) In addition to the requirements of subsection (a), petroleum, non-biodegradable

9

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

interference;

20 (2) A local limit designed to prevent pass-through or interference was developed for

21

each pollutant in the user's discharge that caused pass-through or interference, and the

22 user was in compliance with each local limit directly before and during the pass-through

23

or interference, or if a local limit designed to prevent pass-through or interference has not

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.


1046.99 D#3 04.25.11.doc


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

standards or any other national, State or local pretreatment standards or requirements.

4

1046.05. Conflict of laws; notification of users.

5 (a) Upon the promulgation of national categorical pretreatment standards or alternative

6

discharge limits for a particular industrial subcategory, the pretreatment standard, if more

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

considered part of this chapter. The Director of Public Service shall notify all affected

10 users of the applicable reporting requirements.

11

(b) State requirements and limitations on discharges shall apply in any case where they

12 are more stringent than Federal requirements and limitations or those in this chapter.

13

(c) The City reserves the right to establish by ordinance more stringent limitations or

14 requirements on discharges to the wastewater disposal system if deemed necessary to

15

comply with the objectives set forth in Section 1046.01.

16

1046.06. Specific pollutant limitations.

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

cyanides, BENZENE, TOLUENE, ETHYLBENZENE, XYLENES, oil and g- use, and

22

phenols that will be FOR WHICH THE CONCENTRATIONS APPLY TO A grab

23

SAMPLE) containing in cxccss of:

24

(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

(5) (4) 1.6 mg/1 copper;

29

(-63 (5) 4,5.15 mg/l cyanide;

30

61-) (6) 3.6 1.8 mg/1 lead;

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1

3

(7)

(8)

(9)

4

(10)

5

(11)

6

(12)

7

(13)

8

(14)

9

(15)

NON-DETECTABLE MERCURY*;

2.8 2.0 mg/1 nickel;

076 0.22 mg/1 selenium;

1.0 0.030 mg/1 silver;

2.9 mg/l zinc;

4.1 mg/1 total phenols;

100 mg/l oil and gr use. 0.050 MG/L BENZENE

0.050 MG/L TOLUENE

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 ARE18 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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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

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.

12 The mercury minimization plan shall become an enforceable condition of the sewer user's

discharge control mechanism and shall be subject to enforcement action up to and

including termination of service for non compliance.

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 SELF-

MONITOR 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


1046.99 D#3 04.25.11.doc

8


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 MERCURY-

20 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


1046.99 D#3 04.25.11.doc


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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1 (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

13 AVOID UNDUE HARDSHIP FOR THE AFFECTED USER.

14 (ix) SHALL NOT BE LESS RESTRICTIVE THAN ANY APPLICABLE

15 CATEGORICAL STANDARDS, BUT MAY BE MORE RESTRICTIVE.

16 (x) MAY BE USED AS THE DISCHARGE CONCENTRATION BASIS FOR

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) MAXIMUM ALLOWABLE HEAD WORKS LOADINGS FOR TOXIC POLLUTANTS.

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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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) MAXIMUM ALLOWABLE HEAD WORKS LOADINGS FOR COMPATIBLE

21 POLLUTANTS. 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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1 (5) MAXIMUM ALLOWABLE IND USTRIAL LOADINGS FOR TOXIC POLLUTANTS.

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) MAXIMUM ALLOWABLE INDUSTRIAL LOADINGS FOR COMPATIBLE

23 POLLUTANTS. 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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1 (7) COLLECTION SY STEM LIMITATIONS. NO CONCENTRATION-BASED SAL,2 OR EQUIVALENTCONCENTRATION OF ANY MASS-BASED SAL, SHALL3 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) LOCAL INITIATIVE 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 MANAGEMENT PRACTICES. 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

dilute a discharge as a partial or complete substitute for adequate treatment to achieve

29

compliance with the limitations contained in the national categorical pretreatment

1


1046.99 D#3 04.25.1l.doc


1

standards, alternative discharge limits, or any other pollutant-specific limitation

developed by the City or the State.

3

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


1046.99 D#3 04.25.11.doc


1

person or property. Such notification shall not relieve the user of any fine, civil penalty or

2 other liability which may be imposed by this chapter or other applicable laws.

3

(c) A notice shall be permanently posted on the user's bulletin board or other prominent

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.


1046.99 D#3 04.25.11.doc


1

1046.09. Charges.

2

(a) Generally. Charges shall be made for fees collected for:

3

(1) Reimbursement of costs of setting up and operating the pretreatment program;

4

(2) Monitoring, inspection and surveillance procedures;

5

(3) Reviewing accidental discharge procedures and construction;

6

(4) Filing appeals; and

7

(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

programs are as specified in Section 1042.04.

12 (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

BOD

300 MG/L

17

TOTAL SUSPENDED SOLIDS

350 MG/L

18

TOTAL PHOSPHORUS

6.0 MG/L

19

AMMONIA NITROGEN

25 MG/L

20 (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.


1046.99 D#3 04.25.11.doc


1 (B) WASTEWATER DISCHARGE 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

26S:\Attorney StafflORDINANCES\Sewer Use Ordinance\Sewer Use Ordinance 1046.01-

1046.99 D#3 04.25.11.doc


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;


1046.99 D#3 04.25.11.doc


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


1046.99 D#3 04.25.11.doc


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

appropriate for evaluation, the following information:

12

(a) The user's name, address and location, if different from the address;

13

(b) The user's SIC number, according to the Standard Industrial Classification Manual,

14 Bureau of the Budget, 1972, as amended;

15

(c) Constituents and characteristics of the user's wastewater, including, but not limited

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;


1046.99 D#3 04.25.11.doc


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

standards, the shortest schedule by which the user will provide such additional

12 pretreatment. The completion date in such schedule shall be not later than the compliance

13

date established for the applicable pretreatment standard. The following conditions shall

14

apply to the schedule:

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


1046.99 D#3 04.25.11.doc


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

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

I CERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND

10

ALL ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR

11

SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO

12

ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHER AND

13

EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY

14

OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM OR THOSE

15

PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE

16

INFORMATION, THE INFORMATION SUBMITTED IS, TO THE BEST OF

17

MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE AND COMPLETE. I

18

AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR

19

SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF

20

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:


1046.99 D#3 04.25.11.doc

5

6


1

(a) Set unit charges or a schedule of user charges and fees for the wastewater to be2 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

schedules;

10

(f) Establish compliance schedules;

11

(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

(2) Groundwaters containing pollutants that infiltrate into the sewers; and

20

(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


1046.99 D#3 04.25.1 l.doc


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) BASELINE 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


1046.99 D#3 04.25.11.doc


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.

34S:\Attorney StaffORDINANCES\Sewer Use Ordinance\Sewer Use Ordinance 1046.01-

1046.99 D#3 04.25.11.doc


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 DAY COMPLIANCE REPORT. Within ninety days following the date for final

21

compliance with applicable pretreatment standards or, in the case of a new source,

22 following commencement of the introduction of wastewater into the POTW, any user

23

subject to pretreatment standards and requirements shall submit to the Director of Public

24

Service a report indicating the nature and concentration of all pollutants in the discharge

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


1046.99 D#3 04.25.11.doc


1

and, if not, what additional O&M and/or pretreatment is necessary to bring the user into

2 compliance with such standards or requirements. The statement shall be signed by an

3

authorized representative of the user and certified to by a qualified representative.4 (b} (C) PERIODIC COMPLIANCE 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 standards23 in the effluent of the user.

24

-

-

25

ars of thc date thc standard is promul:

26

- sources subject to categorical standards shall27

28

ginning to discharge, and shall meet all29

30 ninety days.


1046.99 D#3 04.25.11.doc


1

(-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

3

additional monitoring shall also be included in the reports.

4 (D) NOTICE OF CHANGED 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 POTENTIAL 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 IN18 SECTION 1046.08.

19 (e)(F) NOTICE OF VIOLATION AND REPEAT SAMPLING. 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 HAZARDOUS WASTE DISCHARGE. All users shall also notify the30 POTW, the EPA and the State Hazardous Waste Authority, in writing, of any discharge

37S:\Attorney Staff\ORDINANCES\Sewer Use Ordinance\S ewer Use Ordinance 1046.01-

1046.99 D#3 04.25.11.doc


1 into the POTW of a substance which would be a hazardous waste under 40 C.F.R. 261 if2

disposed via other means. Notification details, as well as allowable exemptions, shall be3

in accordance with 40 C.F.R. 403.12(P). In the case of any new regulations under section

4 3001 of RCRA identifying additional characteristics of hazardous waste or listing any5

additional substance as a hazardous waste, the user must provide notification of the

6 effective date of such regulations. In the case of any notification of hazardous waste7

discharges, the user shall further certify that it has a program in place to reduce the

8 volume and toxicity of hazardous wastes generated to the degree it has determined to beeconomically 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 certificationstatement:

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 forknowing 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 reportsto 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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1

sewer and/or internal drainage systems. The monitoring facility should normally be

2 situated on the user's premises, but the City may, when such a location would be3

impractical or cause undue hardship on the user, allow the facility to be constructed in a

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 or6

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 local11

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 FLOW-

27 PROPORTIONAL SAMPLING TECHNIQUE UNLESS AN ALTERNATE TIME-

28 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


1046.99 D#3 04.25.11.doc


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, TOTAL24 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 OTHER28 PARAMETERS.

29

1046.15. Inspection and sampling.


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1

(A) The City shall inspect the facilities of any user to ascertain whether or not the

2 purposes of this chapter are being met and all requirements thereof are being complied3

with. Persons or occupants of premises where wastewater is created or discharged shall4

allow the City or its representative ready access at all reasonable times to all parts of the

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 the7 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 Section21

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 DISCHARGE27 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


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1

standards within the time limitations specified by Federal pretreatment regulations and

2 required by the City. Industrial users with integrated facilities shall comply with any3

alternative discharge limits as set by the City. Any facilities required to pretreat

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 methods10

of operation shall be reported to the City prior to the user's initiation of such change.11

(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 made17 available to officials of the EPA or the MD-lsa MDEQ upon request.18

1046.17. Confidentiality of information.

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 any21

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 to24 protection as trade secrets of the user.

25 When requested by the person furnishing a report, the portion of a report which might26

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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1

enforcement proceedings involving the person furnishing the report. Wastewater

2

constituents and characteristics will not be recognized as confidential information.

3

Information accepted by the City as confidential shall not be transmitted to any

4 governmental agency or to the general public by the City until and unless a ten-day

5

notification thereof is given to the user.

6

1046.18. Suspension of service for harmful discharges.

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

the City to violate any condition of its NPDES permit.

12 A person notified of a suspension of the wastewater treatment service shall immediately

13

stop or eliminate the discharge. If the person fails to comply voluntarily with the

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


1046.99 D#3 04.25.1l.doc


1

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

3

taken.

4 (b) The Director may conduct the hearing and take the evidence or may designate any5 officer or employee to:

6

(1) Issue, in the name of the Director, notices of hearing requesting the attendance and

7 testimony of witnesses and the production of evidence relevant to any matter involved in

8

such hearing;

9 (2) Take the evidence; and

10

(3) Transmit a report of the evidence and the hearing, including transcripts and other

11

evidence, together with recommendation to the Director for action thereon.

12 (c) At any hearing held pursuant to this section, testimony taken must be under oath and

13

recorded stenographically. The transcript, so recorded, shall be made available to any

14 member of the public or any party to the hearing upon payment of the usual charges

15

thereof.

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

sewer service shall be discontinued unless adequate treatment facilities, devices or other

19

related appurtenances are installed on existing treatment facilities and unless such devices

20 or other related appurtenances are properly operated. Further orders and directives as are21

necessary and appropriate may be issued.

22

(e) The Director shall also establish appropriate surcharges or fees to reimburse the City

23 for additional costs of operation and maintenance of the wastewater treatment works due

24

to the violation.

25 (f) Any action by the Director may be appealed to Council.

26

1046.21. Legal action.

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 may30 commence an action for appropriate legal relief as set forth below:


1046.99 D#3 04.25.11.doc


(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 returning6 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

to be criminally negligent. Once the evidence is collected and a decision is made to .

14 proceed with prosecution, the City Attorney will present the evidence to the County

15

Prosecutor.

16

1046.22. Records of users.

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

its discharge. All records which pertain to matters which are the subject of administrative

22 adjustment or any other enforcement or litigation activities brought by the City pursuant

23

to this chapter shall be retained and preserved by the user until all enforcement activities

24 have concluded and all periods of limitation with respect to any and all appeals have

25

expired.

26

1046.23. Falsification; tampering with monitoring device.

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.


1046.99 D#3 04.25.11.doc

1


1

1046.99. Penalty.

2 In addition to the penalty provided in Section 202.99, the City may recover reasonable

3

attorney's fees, court costs, court reporter's fees and other expenses of litigation, by

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

authority to seek or assess civil fines in at least the amount of one thousand ($1,000.00)

7

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 Editor's note: See Section 202.99 for general Code penalty if no specific penalty is

11

provided.

12

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or

13

rules inconsistent with the provisions hereof are hereby repealed.

14

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.


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192021222324

25

2627

BY COUNCILMEMBERS CAROL WOOD AND TINA HOUGHTONRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the R.J. Scheffel Memorial Toy Project produces handcrafted, paintedwooden 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 Lansingand Ann Arbor, the Ronald McDonald House, and St. Vincent de Paul's provide a "wishlist" 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 toyseach year, including cars made specially for pediatric patients at Sparrow Hospital sochildren can creatively decorate their own car; and

WHEREAS, volunteers from the community, with wide ranging skills and backgroundsassist 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 themultitude of thank you letters that they receive from parents and children, who love theirhandcrafted toys;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto thank the R.J. Scheffel Memorial Toy Project for their dedication and service to thecommunity and congratulate them on being the recipients of the 2011 South LansingBusiness Association's Community Service Award. Many wishes for continued success!


WHEREAS, Sarah King sought to create an affordable natural cleaning product thatwas also environmentally friendly; and

WHEREAS, she believes more people would be more environmentally conscious if theycould afford to buy natural products; and

WHEREAS, two years ago, Sarah started by creating a natural laundry detergent forherself. She received so many requests from friends and family that she decided to sellthe all natural environmentally friendly product; and

WHEREAS, in 2009, she started her own small business, Grounded, and started sellingher products in local markets, including East Lansing Food Cooperative and DeRosasParty Store in Holt; and

WHEREAS, Sarah's detergent is a natural extension of her eco-conscious lifestyle; herfamily 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 basicgoods locally; and

WHEREAS, Sarah "loves the Great Lakes and the woods" and because she enjoysthem, she says "I should do something to protect them";

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto congratulate Sarah King on being awarded the 2011 South Lansing BusinessAssociation's Business Person of the Year Award. We wish you continued success!


WHEREAS, Edwards Photographic Studios was founded in 1961 by Edward Hicks andwas originally located on Washington Street in downtown Lansing; and

WHEREAS, in 1966, the studio moved to the corner of Cedar and Greenlawn where itstayed until 1990; and

WHEREAS, Ron Jones, Sr. joined Edwards Studio in June 1968 after serving in theMarines and fully took over the studio on July 1, 1985; and

WHEREAS, Edwards Studio opened in its current location on South Cedar Street fiveyears after Mr. Jones took over; and

WHEREAS, Mr. Jones and Edwards Studios are well-known throughout the Lansingmetropolitan area for their excellent photography and professionalism, and

WHEREAS, he was one of South Lansing Business Association's first members, joiningin 1985, and has served two terms as President of the Association; and

WHEREAS, in addition to his thriving photography business, Mr. Jones dedicates hisfree time and services to numerous human service organizations helping to improve thequality of life for battered women and needy children;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto congratulate Ron Jones, Sr. on receiving the 2011 South Lansing BusinessAssociation's Lifetime Achievement Award. We wish you continued success in all yourfuture endeavors!

BY COUNCILMEMBER A'LYNNE ROBINSONRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Chris Swope took his elected position as City Clerk for the city of Lansingin January 2006; and

WHEREAS, Mr. Swope served on several local boards at the municipal and countylevel prior to being elected Clerk, including the Lansing Mayor's Police/CommunityRelations Advisory Committee, the East Lansing Human Relations Board, and theClinton-Eaton-Ingham Community Mental Health Board, and served for five years as anIngham 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 MAMCLegislative Committee since 2006, and serves as a member on the Council of ElectionOfficials (CEO) and has testified before the legislature on MAMC's behalf numeroustimes; and

WHEREAS, Mr. Swope currently serves as the Conference Director on the MAMCBoard, and planned the 2009 and 2010 Annual Conferences as well as the MC RegionV 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 MunicipalClerks Association and a member of the Michigan Judges Retirement Board; and

WHEREAS, Mr. Swope has completely catapulted the Lansing City Clerk's Office intothe 21 st Century by enhancing the City's website, implementing a listserv for the CityCouncil's agendas and minutes, and accomplished a system for posting full City Councilpackets to the internet for Lansing's residents;

WHEREAS, additionally, as City Clerk, Chris has successfully implemented theElectronic Poll Book, more than doubled the number of voters on the permanentabsentee voter list, revised the receiving board processes, improved the inspectortraining program, rearranged precincts reducing the number from 62 to 43 and revisedtraining for voter registration staff, and recently assisted the Bureau of Elections indeveloping an RFP for maintenance contacts for tabulators and AutoMarks; and

WHEREAS, Mr. Swope reaches out to various news media promoting elections andvoter registration issues. He has spoken to local groups and given demonstrations onthe voter equipment, and worked with legislators helping them understand the needs ofthe clerk community and the impact of various decisions on clerks and voters;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto commend Chris Swope on his exemplary work as the City of Lansing's Clerk andcongratulates him on being awarded the Michigan Association of Municipal Clerk'sannual Clerk of the Year.

BY COUNCILMEMBER CAROL WOODRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Valencia Stubbs Watts was born to Samuel and Bessie Mae Stubbs onJune 13, 1940 in Birmingham, Alabama; and

WHEREAS, baptized at a young age by Pastor Coleman, Valencia became a memberof the St. Peter Missionary Baptist Church where she worked with the Baptist TrainingUnion (BTU) and volunteered her services as the Sunday School Musician; and

WHEREAS, after graduating high school, Valencia married the love of her life, JosephWatts, 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 theFriendship Baptist Church, where she continued to volunteer with the Baptist TrainingUnion, as well as showcase her musical talents with the Youth Choir and as a memberof the Chancel Choir; and

WHEREAS, in October 1968, Valencia transferred to Galilee Baptist Church under theleadership of the late Reverend Charles S. Tolbert, and later served under theleadership of Pastor Kirkland D. Hall, Sr.; and

WHEREAS, her selfless attitude was well known within the community, helping otherswhenever and however she could. and

WHEREAS, Valencia recognized that she wanted to help others in a way that she hadnot been able to before, and enrolled at Lansing Community College to seek careertraining that would help disadvantaged youth; and

WHEREAS, she earned her Associates Degree in Social Work from LansingCommunity College, while working a full-time job, and was offered a position with CampHighfields where her artistic talents allowed her to start a Boys' Choir that not onlyprovided entertainment, but also provided the boys the confidence and inspiration tobecome productive citizens; and

WHEREAS, Valencia's warm and loving heart reached many people throughout herlifetime, and her gift for song will continue to reach those who knew and loved her. Sheoftentimes would say, "Young people don't know what they're capable of becausethey'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, wishesto extend its deepest condolences to the family and friends of Valencia Stubbs Watts.She will be dearly missed.

---------------------- ---------------- ----- -----

BY COUNCILMEMBER JESSICA YORKORESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, on May 26, 2011, Lansing Police and Firefighters responded to a house firein the 500 block of S. Pennsylvania in the early morning hours; and

WHEREAS, Officers Jenni Maatman, Jeromy Churchill, Nate Osborn and Sergeant GuyPace, as a team, quickly assessed the situation and leapt to action; and

WHEREAS, Officer Osborn climbed on a front porch railing, reached up through thesmoke, where the toddler boys and their parents were trapped and received the childrenfrom 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 thesevere but non-life threatening burned father and his wife who suffered no injuries fromthe roof; and

WHEREAS, it was nothing short of an act of true heroism that led Officer Osborn togauge the situation and recognize his ability to help the trapped family avoid furthertragedy;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto extend its deepest appreciation to Officer Nate Osborn, whose bravery went aboveand beyond the call of duty. Thank you for your dedicated and service to Lansing andits residents.






WHEREAS, it was nothing short of an act of true heroism that led Sergeant Pace togauge the situation and recognize his ability to help the trapped family avoid furthertragedy;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto extend its deepest appreciation to Officer Jeromy Churchill, whose bravery wentabove and beyond the call of duty. Thank you for your dedicated and service toLansing and its residents.






WHEREAS, it was nothing short of an act of true heroism that led Officer Maatman togauge the situation and recognize her ability to help the trapped family avoid furthertragedy;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto extend its deepest appreciation to Officer Jenni Maatman, whose bravery went aboveand beyond the call of duty. Thank you for your dedicated and service to Lansing andits residents.






WHEREAS, it was nothing short of an act of true heroism that led Sergeant Pace togauge the situation and recognize his ability to help the trapped family avoid furthertragedy;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto extend its deepest appreciation to Sergeamt Guy Pace, whose bravery went aboveand beyond the call of duty. Thank you for your dedicated and service to Lansing andits residents.

BY THE COMMITTEE ON DEVELOPMENT AND PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

A RESOLUTION OF THE COUNCIL OF THE CITY OF LANSING, MICHIGANAUTHORIZING THE SUBMISSION OF A BROWNFIELD ECONOMIC DEVELOPMENTINITIATIVE GRANT APPLICATION AND SECTION 108 LOAN GUARANTEEAPPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBANDEVELOPMENT

WHEREAS, the City of Lansing has determined that a high priority exists to bring vacanthistoric buildings in the downtown back into productive use and the Knapp's Buildingproject meets this priority; and

WHEREAS, the Knapp's Building project is included in the City's adopted One YearAction Plan of the Consolidated Plan: and

WHEREAS, the Brownfield's Economic Development Initiative (BEDI) and the Section108 Loan Guarantee programs, implemented by the United States Department ofHousing and Urban Development (HUD), are designed to provide funds to assist withthese types of projects; and

WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up tofive times its annual Community Development Block Grant allocation, and can take upto twenty years to repay the principal and interest; and

WHEREAS, the City is requesting a total of $2,000,000 in BEDI funds and $5,900,000in 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 resolvesas follows:

SECTION 1. The City hereby certifies and assures with respect to its applicationfor a loan guarantee pursuant to Section 108 of the Housing and CommunityDevelopment Act of 1974, as amended, that it poses the legal authority to make thepledge of grants required under 24 CFR 570105 (b) (2).

SECTION 2. As prerequisites for submission of the application to HUD, the Citycertifies that it has:

(a) Furnished citizens with information required by Section 570.704(a) (2)(i) ofTitle 1 of the Housing and Community Development Act of 1974, as amended;

(b) Held at least one public hearing, on May 10, 2010, to obtain the views ofcitizens on community development and housing needs; and

(c) Prepared its application in accordance with Section 570.704(a)(1)(iv) ofTitle 1 of The Housing and Community Development Act of 1974, as amended, andmade the application available to the public.

SECTION 3. The City has and will continue to follow a detailed citizenparticipation plan that meets the requirements described in Section 570.704(a)(2) ofTitle 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:

(a)

Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C.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 CDBGfunds, as defined in Section 570.303(e) of Title 1 of The Housing and CommunityDevelopment Act of 1974, as amended, during the one, two, or three consecutive yearsspecified by the City for its CDBG program on activities which benefit low/moderateincome 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 requirementsgoverning displacement, relocation, real property acquisition, and the replacement oflow and moderate income housing described in Section 570.606.

SECTION 7. The City has and will continue to comply with other provisions ofthe Act and with other applicable laws.

SECTION 8. The City has and will continue to Certify regarding debarment,suspension, and other responsibility as follows:

(a)

The prospective recipients of the Section 108 Loan Guarantee funds andall 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 Federaldepartment or agency;

2). Have not within a three year period preceding approval of theirapplication, been convicted of or had a civil judgment rendered against them forcommission of fraud or a criminal offense in connection with obtaining, attempting toobtain, or performing a public (Federal, State or local) transaction or contract under apublic transaction; violation of Federal or State antitrust statues or commission ofembezzlement, theft, forgery, bribery, falsification or destruction of records, makingfalse statements, or receiving stolen property;

3). Are not presently indicted for or otherwise criminally or civilly chargedby a government entity (Federal, State or local) with commission of any of the offensesenumerated in paragraph (a)2 of this certification; and

4). Have not within a three year period preceding approval of theirapplication, had one or more public transactions (Federal, State or local) terminated forcause or default.

SECTION 9. The City hereby assures and certifies with respect to its applicationfor a loan guarantee pursuant to Section 108 of the Housing and CommunityDevelopment Act of 1974, as amended, that it has made efforts to obtain financing forthe activities described herein without the use of such guarantee, that it will maintaindocumentation of such efforts for the term of the loan guarantee, and that it cannotcomplete such financing consistent with the timely execution of the program planswithout such guarantee.

SECTION 10.

The City has and will continue to hereby certify, to the bestof its knowledge and belief, the following:

(a) No Federal appropriated funds have been paid or will be paid, by or onbehalf of it, to any person for influencing or attempting to influence an officer oremployee 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 anyFederal contract, the making of any Federal grant, the making of any Federal loan, theentering into of any or cooperative agreement, and the extension, continuation, renewalamendment, or modification of any /Federal contract, grant, loan or cooperativeagreement;

(b) If any funds other than Federal appropriated funds have been paid or willbe paid to any person for influencing or attempting to influence an officer or employee ofany agency, a Member of Congress, an officer or employee of Congress, or anyemployee of grant, loan or cooperative agreement, it will complete and submit StandardForm LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;and

(c) It will require that the language of paragraph (a) of this certification beincluded in the award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans and cooperative agreements) and that allsubrecipients shall certify and disclose accordingly.

SECTION 11.

Continue to maintain a drug-free workplace by:

(a)

Publishing a statement notifying employees that the unlawful manufacture,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 violationof such prohibition;

(b)

Establishing an ongoing drug-free awareness program to informemployees 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 assistanceprograms; and

4). The penalties that may be imposed upon employees for drug abuseviolations occurring in the workplace.

(c)

Making it a requirement that each employee engaged in grant activity begiven a copy of the statement required by paragraph (a).

(d)

Notifying the employee in the statement required by paragraph (a) that, asa 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 acriminal drug statute occurring in the workplace no later than five calendar days aftersuch conviction.

(e) Notifying the agency in writing, within ten calendar days after receivingnotice under subparagraph (d)2 from an employee or otherwise receiving actual noticeof such conviction. Employers of convicted employees must provide notice, includingposition and title, to every grant officer or other designee on whose grant activity theconvicted employee was working, unless the Federal agency has designated a centralpoint for the receipt of such notices. Notice shall include the identification number(s) ofeach affected grant.

(f)

Taking one of the following actions, within 30 calendar days of receivingnotice under paragraph (d)2, with respect to any employee who is so convicted:

1). Taking appropriate personnel action against such employee, up to andincluding 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 participatesatisfactorily in a drug abuse assistance or rehabilitation program approved for such

purpose by a Federal, State or local health, law enforcement, or other appropriateagency.

SECTION 12. The Mayor is authorized to submit the BEDI grant application andthe Section 108 Loan Guarantee application and amendments thereto and allunderstandings and assurances contained therein, and to act in connection with theapplication to provide such additional information as may be required.

SECTION 13.

This Resolution shall be effective immediately upon its adoption.

117

BY THE COMMITTEE OF DEVELOPMENT AND PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

SLU-1-2011300 N. Frandor AvenueWireless Communication Tower in the "F" Commercial District

WHEREAS, the applicant, Crown Castle USA, has requested a Special Land Use permit (SLU-1-2011) to construct a wireless communication tower at 300 N. Frandor Avenue, and hasprovided all information required by Section 1298.07 of Ordinance No. 1138; and

WHEREAS, the property is zoned "F" Commercial District where wireless communicationtowers are permitted subject to obtaining a special land use permit; and

WHEREAS, a review was completed by staff evaluating the character, location and impact thisproposal 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 theapplicant'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 itsApril 5, 2011 meeting, voted unanimously (4-0) to recommend approval of SLU-1-2011 to permita 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 andrecommendation of the Planning Board and concurs therewith; and

WHEREAS, the ordinance regulating wireless communication towers requires a setback of149.5 feet from the north and west property lines at 300 N. Frandor Avenue, and a separationdistance 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 feetfrom the west property line, a separation distance of 1,045 feet between the proposed tower andthe existing tower 500 foot high guyed tower to the west and a separation distance of 1,225 feetbetween 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 wirelesscommunication tower ordinance can be met by allowing the reduced setbacks and separationdistances;

NOW THEREFORE BE IT RESOLVED that the Lansing City Council hereby approves SLU-1-2011, for a wireless communication tower at 300 N. Frandor Avenue, as depicted on the plansdated 2/4/11, with the following conditions:

1.

The proposed monopole tower shall provide for a co-location of at least 4antennas, and

2.

The tower shall not interfere with telemetry communications of local hospitals andemergency services.

3. The tower shall have a setback of 60 feet from the north property line, 23 feetfrom the west property line, a separation distance of 1,045 feet between theproposed tower and the existing tower 500 foot high guyed tower to the west anda separation distance of 1,225 feet between the proposed tower and the 105 foothigh monopole tower to the northwest; and

BE IT FURTHER RESOLVED that this Special Land Use permit shall remain in effect only solong as the petitioner fully complies with this resolution, and if the petitioner fails to comply, theSpecial Land Use permit may be terminated by City Council Resolution.

BE IT FINALLY RESOLVED that in granting this request with conditions, the City Council hasconsidered the factors listed in Section 1298.07(B)(2), and determines the following:

1.

The proposed wireless communication tower is compatible with the essentialcharacter of the surrounding area, as designed.

2.

The proposed wireless communication tower will not change the essentialcharacter of the surrounding area.

3.

The proposed wireless communication tower will not interfere with the generalenjoyment of adjacent properties.

4.

The proposed wireless communication tower will not impact adjacent propertiesas it will not be detrimental to the use or character of the property underconsideration.

5.

The proposed wireless communication tower will not impact the health, safetyand welfare of persons or property in the surrounding area.

6.

The proposed wireless communication tower can be adequately served byessential public facilities and services.

7.

The proposed wireless communication tower will not place any demands onpublic services and facilities in excess of current capacities.

8.

The proposed wireless communication tower is consistent with the intent andpurposes of the Zoning Code and in conformance with the master plan.

9.

The proposed wireless communication tower will comply with the requirements ofthe "F" Commercial District.

.Zg


WHEREAS, the Mayor made the appointment of Colin Maguire as an At-Large Memberto the Planning Board for a Term to Expire June 30, 2014; and

WHEREAS, the Development and Planning Committee met on June 22, 2011 and tookaffirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirmsthe appointment of Colin Maguire as an At-Large Member to the Planning Board for aTerm to Expire June 30, 2014.


Neighborhood Enterprise Zone Property Tax Abatement Certificate Approval for 1323Wickham Dr, Lansing, Michigan 48906.

WHEREAS, the proposed property is located within a Neighborhood Enterprise Zoneestablished by resolution # 2009-036 adopted February 23, 2009; and

WHEREAS, an application was filed with the City of Lansing on March 9, 2011 by AllenEdwin Homes, for a project located at 1323 Wickham Dr, Parcel Code # 33-01-01-15-132-049, Michigan, 48906 in Neighborhood Enterprise Zone No. 24, requesting aNeighborhood 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 areeconomically distressed through the use of Public Act 147 of 1992 as amended andrecognizes that use of the NEZ program is a vital resource to further the goals ofcreating residential opportunities and redevelopment in the City of Lansing's urban coreareas and promoting new construction and rehabilitation of existing buildings for thepurpose of creating unique residential housing;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council acknowledgesreceipt of the application filed by Allen Edwin Homes, for 1323 Wickham Dr, ParcelCode # 33-01-01-15-132-049, Michigan, 48906 and finds that it complies with therequirements of Public Act 147 of 1992 as amended.

BE IT FURTHER RESOLVED that City Council finds that the application meets therequirements necessary for approval of an NEZ Certificate so that it hereby approvesthe 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 toexceed 12 (twelve) years.

BE IT FINALLY RESOLVED, that the City Clerk provides three certified copies of thisresolution to the Lansing Economic Development Corporation for submission of thisaction to the State Tax Commission.








BE IT FURTHER RESOLVED that City Council finds that the application meets therequirements necessary for approval of an NEZ Certificate so that it hereby approvesthe 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 toexceed 12 (twelve) years.


ifs'BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING









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Neighborhood Enterprise Zone Property Tax Abatement Certificate Approval for 501Worthington Dr, Lansing, Michigan 48906.


WHEREAS, an application was filed with the City of Lansing on March 9, 2011 by AllenEdwin Homes, for a project located at 501 Worthington Dr, Parcel Code # 33-01-01-15-132-034, Michigan, 48906 in Neighborhood Enterprise Zone No. 24, requesting aNeighborhood Enterprise Zone Certificate; and



NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council acknowledgesreceipt of the application filed by Allen Edwin Homes, for 501 Worthington Dr, ParcelCode # 33-01-01-15-132-034, Michigan, 48906 and finds that it complies with therequirements of Public Act 147 of 1992 as amended.

BE IT FURTHER RESOLVED that City Council finds that the application meets therequirements necessary for approval of an NEZ Certificate so that it hereby approvesthe 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 toexceed 12 (twelve) years.


ZIT








BE IT FURTHER RESOLVED that City Council finds that the application meets therequirements necessary for approval of an NEZ Certificate so that it hereby approvesthe 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 toexceed 12 (twelve) years.


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THIS ITEM

NOT AVAILABLE

AT THE TIME OF PRINT

BY THE COMMITTEE OF THE WHOLERESOLVED 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 thisCouncil, the City Assessor has completed the assessment roll for removal ofsnow and/or ice adjacent to certain properties within the City.

WHEREAS, the owners of these properties were given proper notice inaccordance with Chapter 1020.06(c)(1) to remove the snow and/or ice from thepublic sidewalk adjacent to their property.

WHEREAS, the owners failed to remove snow and/or ice from the publicsidewalk 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 isrequired to recover in accordance with Chapter 1020.06(c)(2).

WHEREAS, pursuant to Chapter 1020.06, the fees for those costs were adoptedby Council.

WHEREAS, those costs incurred between October 1, 2010 and April 1, 2011, bythe City total $21,337.38.

NOW, THEREFORE, BE IT RESOLVED the Lansing City Council will hold apublic hearing on Monday, July 18, 2011 at 7:00 PM, in the Council Chambers, toreview, prior to confirmation, said assessment roll; and

BE IT FURTHER RESOLVED, that the City Clerk is hereby requested to givedue notice of this public hearing as provided by Chapter 1026, Section1026.06(b) and (c), of the Code of Ordinances by publishing a notice of a publichearing in a daily newspaper of the City, not more than twenty days and not lessthan ten days before such public hearing. In addition, the Clerk shall give noticeof hearings in special assessment proceedings to each owner of, or party ininterest in, property to be assessed, whose name appears upon the last local taxassessment records, by first class mail addressed to such owner or party at theaddress shown on the tax records, at least ten days before the date of suchhearing. Said notices shall include the time and place of the hearing; adescription of the properties determined by the Director of Public Service to haveviolated 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 beexamined at the City Clerk's office;

BE IT FURTHER RESOLVED, that any person aggrieved by the assessments ascontained in the special assessment roll, or the necessity of the removal of snowand ice, may file a written objection thereto which must be delivered to the CityClerk prior to the close of the hearing, or the person may appear and protest thesame at the public hearing in person or by his or her representative; that theappearance and protest or written protest in the manner described is required ifthe person desires to appeal the amount of the assessment to the Michigan TaxTribunal;

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 theMichigan Tax Tribunal, 611 West Ottawa St., P.O. Box 30232, Lansing, MI48909; if filed within thirty days after confirmation of the special assessment rolland if the Special Assessment was protested at this hearing.

BE IT FINALLY RESOLVED the Lansing City Council appropriate funds toaccount for any reduction in fees.

THIS ITEM

NOT AVAILABLE


PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing to amend Chapter 1426, Sections 1 through 99, ofthe Lansing Codified Ordinances, "Adoption of 1994 Edition of Uniform MechanicalCode", 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 onGeneral Services and is on the order of immediate passage.

By Council Member Wood

COUNCIL MEMBER

YEAS

NAYSDUNBAR

❑

❑

HEWITT

❑

❑

HOUGHTON

❑

❑

JEFFRIES

❑

❑

QUINNEY

❑

❑

ROBINSON

❑

❑

WOOD

❑

❑

YORKO

❑

❑

❑ ADOPTED

- ❑ FAILED


1

ORDNANCE NO.

2

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

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

1426.01. Adoption of 1994 Edition of Uniform MICHIGAN Mechanical Code; scopc;

11

rcfcrcnccs and citations; conflict of laws.

12 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-DeROSSETT-

14 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 tcl 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

1S:Attorney__Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance

Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.11.doc


'■

I

1 OTHER LOCAL RULE OR REGULATION, THE STATE-APPROVED MICHIGAN

2 MECHANICAL CODE SHALL CONTROL.

3 fs1l 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.

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

2S:\Attorney_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance



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 Ordinances, and it may be so cited.

9

_ '--

.

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

Service Sanitation Section.

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.




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

(c) Refrigeration contractors; and

-

9

(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

1426.03. Authority of board.

20

The Mechanical Board shall consider all proposed amendments of this Mechanical Code,

21

promulgated to safeguard the standards of mechanical construction within the City, and shall

22

submit the same to the Mayor and Council.


Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.1l.doc


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

(c) Limited service, heating or refrigeration; or

11

(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

5S : Attorney_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance



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

mechanical license expires.

10

(b) If a partnership, association or corporation is registered with the City pursuant to subsection

11

(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

Safety shall be notified, in writing, of the designation.

17

If an individual properly registered pursuant to subsection (a) hereof ceases to do business as a

18

mechanical contractor and sells his or her business interest to another individual, partnership,

19

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

-6-S: Attorney_Staff ORDINANCES\Housing Code\Adoption of International Property Maintenance



1

STRUCTURES ON HIS OR HER OWN PROPERTY on tho pre: Wises at which he or she

2

presently resides or is about to reside, provided that such owner:

3

(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

representative.

11

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

1426.05. Permit required. (Repealed)

16 Editor's note: Section 1426.05 was repealed by implication by Ordinance 806, passed July 31,

17

1989.

18

19

The International Mechanical Code adopted by Section 1 1126.01 is hereby amended as follows:

20

21

A person shall possess [a] mechanical contractor's license pursuant to the provision of Act No.

22

192 of the Public Acts of 198'1, as amended, being § 338.971 et seq. of the Michigan Compiled

23

Laws, to install all mechanical equipment rc_

7S:Attorney_StafflORDINANCES\Housing Code\Adoption of International Property Maintenance



1

Section 101.1is hereby amended by adding, City of Lansing, Michigan, in the brackets.

2

hanical Inspection is hcrcby amended by amending Section

3

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

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 Section 103 Department of Mechanical Inspection is hcrcby amended by adding a new Section

18

19

ion. The Chief Mechanical Official or assistant may when

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:

-8-S:Attorney_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance


12


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

107.1 for further requirements.

13

. y adding a new paragraph 105.5 Approval:

14

Section 105.5 Approval. Approval as a result of an inspection shall not [be] construed to be an

15

approval of a violation of the provisions of this Co

16

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.

-9-S:\Attorney_Staff\ORDINANCES \Housing Code\Adoption of International Property Maintenance



1

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

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

Section 106.2is hereby amended by deleting Section 106.2 and replacing it with the following

12

text:

13

Section 106.2 Permits Not Required. Permits shall not be required for the following items:

14 (a) A portable heating or gas appliance.

15

(b) Portable ventilation equipment.

16

(c) A portable cooling unit.

17 (d) A minor part that is replaced if the replacement does not affect equipment approval or make

18

it unsafe.

19

(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.

- 10S:Attorney__Staff ORDINANCES\Housing Code\Adoption of International Property Maintenance


5


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

application has bccn filed and the application fee paid.

18

19

20

resolution of council.

21

22

following text:




1 All fcc refunds shall be in acccrdancc with Schedule B Mechanical Fee, adopted by resolution by

2 City Council.

3

.

• Testing is hereby amended by adding the following paragraph to the

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.

12

ng Official. Systems installed without authorization/permits may

13 have the energy fuel supply disconnected by the Mechanical Official after written notice.

15 The Code Official may revoke approval if the Official determines that the equipment fails to

16

conform to the installation instructions or [of] the Code and the equipmen

-, : • - - - .

17

. e -

18 circumstances.

19

. ;.g eleting Sections 08.4 and replacing it with the following

20

text:

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

12S:\Attorney__Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance


11

14


1

this section isa violation of this Mechanical Code, and shall subject the violator to a the pcnaltics

2

prescribed in Section 1126.99 of this ordinance [title].

3

.

4

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

. '

. - - -rgcncy work was being performed.

8 Section 108 Violations ishereby amended by deleting the last sentence in Section 108.5 and

9

10

11

12

be subject to the penalties prescribed in Section 1126.99 of this ordinance [title].

13

deleting Section 109.2 and replacing it with the following

14

text:

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

18

text:

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. Board ofAppcals ishereby amended as follows:

22

! -

.::

,.

23

-13S:\Attorney_StafflORDINANCES\Housing Code\Adoption of International Property Maintenance



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

o the official Manager of the Office of Building Safety.

9

10 Any violation of this Mechanical Code of which the Chief Mechanical Inspector or his or her

11

.. . - - :

- • ' e has given written notice to the pcnnit holder shall be corrected within

12

13 Mechanical Codc and shall subject the violator to all the penalties provided for by these Codified

14 Ordinances.

15

16

as follows:

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 Section 115. Fccs is hereby amended by deleting subsection 115.2 and adding:

22

Permit fccs. All fccs, the collection of which is provided for in this chapter, shall be set by

23

resolution of Council.

14S: Attorney__StafflORDINANCES \Housing Code\Adoption of International Property Maintenance



1 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

permittcc shall pay a new full permit fcc.

12 Section 202.1. (a) Location is hcrcby amended by adding the following:

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

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

-15-S:\Attomey_StafORDINANCES\Housing Code\Adoption of International Property Maintenance



1

written approval from a registered, licensed boiler contractor, or from any registered State Boiler

2

3

5

temperature and be capable of maintaining 70 F [degrees Fahrenheit], three ft. [feet] off the floor,

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

of a conflict, the contractor may be required to show the load calculation for the specific

12

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

s underfloor, attic, between floors, passage way accesses shall

20

21 Section 303.3is hereby amended by adding the following:

22

23

constructed to separate the appliance and the shoot.

16S:\Attorney__Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance


4


1

7. In any hazardous location.

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

dding a new Section 303.8 Fuel Oil Tanks:

16

17

19 prohibiting removal. Tank contents shall be properly drained and the tank shall be capped, except

20

ain intact. This section shall be retroactive to any abandoned oil tank,

21

..' .

_

, .

-

22 the tank is removed in accordance with this chapter.

23

17S : Attorney_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance


:ZZ

18


.. 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

shall be supplied to the return air system through a duct that has a capacity which is equal to, or

4

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

without a cable restraint.

12 Section 306.5is hereby amended by adding the following text:

13

14

structural engineer report submitted, prior to the installation, verifying the load bearing

15

16

301.12 IMC)'. In addition to this section, mechanical equipment which requires frequent

17 maintenance/repair/cleaning such as food service equipment, etc., are required to have permanent

18

e building through a roof/cciling access as meets

19

Code standards. The construction of the ladder shall be in accor

- -

- -

20

1. Have side railings which extend at 1 st 30" above the roof edge or parapet wall.

21

2. Have landings less than 18' apart measured from the finished grade.

22

3. Bc at 1 ast 14" in width.

23

4. HHave rungs rot less than 11" on center.

18S:Attorney__Staff ORDINANCES\Housing Code\Adoption of International Property Maintenance


1


1 .-Have a minimum of six inches toe space.

2

3

4 met

5

1. The required scuttle is located immediately adjacent to the control side of the equipment unit.

6

e-edgc of the cquipmcnt platform on the scuttle side.

11 provided directly below the scuttle at a point not less than 30 inches (762 mm) or more than 32

12

13

5. Scuttles located on other than the roof incline side of the equipment unit shall have the hatch

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;

19

slop greater than four units vertical in 12 units horizontal (33

20

orlcing platform at 1 ast 30 inches (762 mm) in depth and width shall be

21

19S: Attorney__Staff\ ORDINANCES\Housing Code\Adoption of International Property Maintenance

Code\ADOPTION OF MICHIGAN MECHANICAL CODE D#4 04.25.1 l.doc


1

with vertical rails not more than 21 inch-- (533 mm) apart, except that parapets at least 24 inches

2

3

4 16 inches (406 mm) in width with substantial cleats spaced not more than 24 inches (610 mm)

5

I.

: .

:I': -

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

the furnace.

16

Section 315, Subscction 3

17

thereto to read as-follows:

18

19

heaters.

20

21

22 And per the requirements of Chapter 12 of the 1997 c

23




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:

5

pter ventilation design shall also be in accordance with

6

7

8

establishments, bars, hospitals, and convalescent homes.

9 Section 403.2.1(1)is hereby amended by deleting the paragraph and replacing it with the

10

following text:

11

12

(a) Kitchens.

13

(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

- 21S:\Attorney_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance



1 Michigan, Department of Public Health and N.F.P.A. Standard 96 1991, as published by the

2

National Firc Protection Associations.

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

permits obtained, bcforc installation begins.

17 Scction 508.10 Pcr for•mancc 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.

22S:Attorney__Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance


4


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

d by deleting exception number 1 and adding the

7

following:

8 1. Ducts, plenums and fittings for systems not cxcccding 2,000 CFM may comply with Table

9 No. 6 C.

10

11

fittings for commercial systems not exceeding 2,000 cfm may

12 comply with Table 603.3.

13

14 Openings and supply ducts. Openings shall be provided, located and sized in accordance with

15 . .

.

elf

17

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

arc dangerous due to improper venting or structural stability.

23S:\Attomey_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance


18

16

23


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

vent systems shall be replaced when new appliances are installed.

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 Venting Into Existing Masonry. CChimneysis hereby amended by deleting the

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

insulation.

23

-24-S:\Attorney_StafflORDINANCES\Housing Code\Adoption of International Property Maintenance



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

heaters is dependant upon the care of the installer, and the user. It is imperative that the

7

- ' : - -

. and installation instructions be followed to ensure safe operation.

8

9 Portable kerosene h tcrs shall not be allowed in any occupancy for temporary or as a permanent

10

h at source.

11

12

Permits:

13

Section 1002.1.1 [1002.1] Permits. The following conditions shall govern the issuance of permits

14 for water h atcrs:

15

1. Mechanical contractors may apply for water h utter permits through the Mechanical Section

16 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.




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

--- al expansion. Such valves shall be installed in

Heaters:

-1002.1.2 Water Heaters Used for Space H

Wate

' 'ating.

. ....

.

hot

for

heatingwater and provide

water

space

a

14

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

setting or 150 psi, whichever is less.

21

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.



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

10

11

12

13


1

2 outside of a building or to an indirect waste rcccptor located inside the building. In areas subject

3

to freezing the relief valve shall be discharged through an air gap into an indirect waste receptor

4

5 manner that does not cause personal injury or property damag

7

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

before, or at the point of 1 aving the room or enclosure.

12 Section 1002 Water Hcatcrs by adding the following new sections:

13

Section 1002.4Water 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 rclicf valve, whichever is larger. The pan drain shall extend full size and terminate over a

21

suitable located indirect waste rcccptor, or floor drain or extend to the exterior of the building

22 and terminate not less than six inches nor more than 2'1 inches above the adjacent surface.

27S:Attorney_StafflORDINANCES\Housing Code\Adoption of International Property Maintenance



2 them with the following text:

3

-

-

4

5

6

7

8

9 eextreh

10

Section 1010.2 St Boilers. Low pressure steam h ting boilers and small power boilers shall

11

- ...: - .

_ -

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

areas subject to damage. Meters located in driveways shall be protected by substantial barriers.

18

hall designate the area of the building being served.

19

20 Copper Tubing: Copper tubing shall not be used in the interior of the building.

21

! . .

creby amended by adding the following text:

22 If tape is used in lieu of pipe joint compound the tape shall be approved for gas piping and

23

.

.

-28-S: \Attorney_StaffORD1NANCES\Housing Code\Adoption of International Property Maintenance



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

with rigid metallic pipe and fittings of approved type and size. Flexible gas connectors will not

5

When necessary due to special listing conditions or manufacturer's installation instructions an

6 AGA approved connector may be installed.

7 Section 2005 Commercial Hoods and Kitchen Ventilation 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

1312.1 Pipe used for the installation, extension, alteration or repair of gas piping shall be

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

20 Association (NFPA) Standard No. 31 for the installation of oil burning equipment.

21

22

29S:\Attorney__Staff ORDINANCES\Iousing Code\Adoption of International Property Maintenance


4


1

been discontinued shall be removed unless approved by the Chief Mechanical Inspector or his or

2

3

Michigan Encrgy Codc. The Michigan Energy Code is hereby adopted by reference.

4 1426.98. Issuance of municipal civil infraction citations and violation notices.

5

All mechanical inspectors and the Building Official are hereby designated as the authorized City

6

officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or

7

Municipal civil infraction violation notices (directing alleged violators to appear at the Municipal

8

Ordinance Violations Bureau) as provided in Chapter 203 of these Codified Ordinances.

9

1426.99. Penalty.

10

Whoever violates any of the provisions of this chapter is responsible for a Municipal civil

11

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

provided in Section 202.99(c)(2).

14

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

15

inconsistent with the provisions hereof are hereby repealed.

16

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

other than the part so declared to be invalid.

19

Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

20 immediate effect by City Council.

2122232425262728

- 30--S: \Attorney_Staff\ORDINANCES\Housing Code\Adoption of International Property Maintenance


PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing to repeal Chapter 876 of the Lansing CodifiedOrdinances, which establishes a moratorium on the licensing of Medical MarihuanaEstablishments, 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 LansingCodified Ordinances, terminating the moratorium on Medical Marihuana Establishmentsand 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 onGeneral Services and is on the order of immediate passage.

By Council Member Wood

COUNCIL MEMBER

YEAS

NAYSDUNBAR

❑

❑

HEWITT

❑

❑

HOUGHTON

❑

❑

JEFFRIES

❑

❑

QUINNEY

❑

❑

ROBINSON

❑

❑

WOOD

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YORKO

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❑ ADOPTED

❑ FAILED

DRAFT #4JUNE 6, 2011

1

ORDINANCE NO.

2

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

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;

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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

this section.

9 thA IN AN F-1 COMMERCIAL DISTRICT, A MEDICAL MARIHUANA

10 ESTABLISHMENT, AS SPECIFIED IN CHAPTER 1300, IS PERMITTED AS A PRINCIPAL

11

USE.

12


13

In a G-2 Wholesale District, the following principal uses are permitted:

-mad

14

(a) Any principal use permitted in an F Commercial District, except residential uses,.

15 lodging houses,AND MEDICAL MARIHUANA ESTABLISHMENTS;

16 (b) A storage warehouse;

17

(c) A wholesale business;

18

(d) A public garage;

19 (e) A public park and playground, except those regulated by special condition pursuant to

20

Section 1256.03(g), (h) and (i);

21

(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

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1

(g) Any other use which, by the decision of the Planning Board, is similar to the principally

2

permitted uses set forth in this section.

3


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

B. Candy;

12

C. Food products;

13

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

eaves and the like, hardware and cutlery;

19 (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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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

(5) The manufacture of musical instruments, toys, novelties, metal or rubber stamps or other

6

small, molded rubber products;

7

(6) The manufacture or assembly of electrical appliances, electronic instruments and devices or

8

components of electronic instruments and devices, radios, televisions or phonographs;

9 (7) Hot, warm and cold metal forming operations, excluding drop hammer forging;

10

(8) Medical, experimental, film or testing laboratories;

11

(9) The manufacture or repair of electric or neon signs;

12

(10) Central dry cleaning plants or laundries; or

13

(11) Furniture refinishing, stripping, upholstery or manufacture;

14

(c) Railroad and truck terminal freight facilities, railroad transfer and storage tracks or railroad

15

right-of-ways;

16

(d) Any of the following public utility structures or facilities:

17

(1) Offices;

18

(2) Telephone exchange buildings;

19

(3) Electrical transformer stations or substations;

20

(4) Gas regulator stations or gas tank holders; and

21

(5) Water supply plants, water tank holders, wells or pumping stations;

22

(e) An off-street parking facility;

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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

(h) A nonaccessory, free-standing sign;

6

(i) An outdoor storage or sales facility which sells new building material, sand, gravel or

7 lumber;

8

(j) The storage of a contractor's material or equipment; and

9 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 CHANGE IN THE IDENTITY OF THE APPLICANT MEANS EITHER (a) WITH RESPECT

22 TO AN APPLICANT WHO IS AN INDIVIDUAL, SUBSTITUTION OF ANOTHER

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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 EXISTING MEDICAL MARIHUANA ESTABLISHMENT 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 MEDICAL MARIHUANA ESTABLISHMENT 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 ORIGINAL APPLICATION MEANS THE FIRST LICENSE APPLICATION FILED

12 PURSUANT TO THIS CHAPTER BY AN EXISTING MEDICAL MARIHUANA

13 ESTABLISHMENT.

14 STAKEHOLDER 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

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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



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 #4JTJNE 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.

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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;



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 ESTABLISHMENTS1112 (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



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



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



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 NON-

7 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

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

21

inconsistent with the provisions hereof are hereby repealed.



6789

1011121314151617181920

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

other than the part so declared to be invalid.

4

Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

5 immediate effect by City Council.


Chris SwopeLansing City Clerk

June 24, 2011

City Council President Robinson and Lansing City Council Members10th Floor City HallLansing, MI 48933

Dear President Robinson and Council Members:

On June 20, 2011 the Tri-County Office on Aging's (TCOA) Area Plan Fiscal Year 2012was 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'swebsite (www.lansingmi.gov/clerk).

Sincerely,

Chris Swope, CMCLansing City Clerk

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAXwww.lansingmi.gov/clerk • [email protected]

Chris SwopeLansing City Clerk

June 24, 2011

President Robinson and Members of the Lansing City Council10th Floor City HallLansing, MI 48933

Dear President Robinson and Council Members:

The Minutes from the Meetings of the following Boards and Authorities of the City ofLansing were placed on file in the City Clerk's Office and are attached for your informationand review.

BOARD NAME DATE OF MEETING

Board of Public Service May 12, 2011Employees Retirement System Board of Trustees May 19, 2011Police and Fire Retirement System Board of Trustees May 24, 2011Police & Fire and ERS Retirement System Board May 19, 2011

If my staff or I can provide further assistance or information relative to the filing of theseminutes, please contact us at 483-4131.

Sincerely,

Chris Swope, CMCLansing City Clerk

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 ❑ 517-377-0068 FAXwww.lansingmi.gov/clerk ❑ [email protected]

REGULAR MEETING OFBOARD OF PUBLIC SERVICE

MAY 12, 2011

PRESENT: Paul Baerman, Ron Bloomberg, James Marshall, Rory Neuner, Shirley Rodgers,and Alfreda Schmidt

ABSENT: Matt Flechter, and Dale Copedge

STAFF:

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 at11:50 a.m., at the Lansing Public Service Department Wastewater Treatment Plant.a.

Roll Callb.

Excused Absences: Matt Flechter

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 anddiscussion that followed.

11:56 a.m. Ms. Rodgers arrived

Now with a quorum present, Chair Baerman called the official meeting to order at11:59 a.m.

Ms. Rodgers informed the staff that on Cedar Street, near Hodge Street, the one lanegoing North (that is supposed to be open) was blocked by equipment. Mr. Gamble willinform 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.

(..)r.^

t7YI"

r.6̂

73P fFr

Public Service Board

Page 2May 12, 2011

March 10, 2011

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 unneededMr. 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 SchoolStadium. He offered two dates for consideration, and July 22 nd was selected by themajority.

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 wasquestions and discussion that followed.

Mr. Gamble announced the enhancement loan for Waverly/Grand River RegionalRecreational Pathway Project was not approved. There will be revisions and anotherattempt.

Mr. Gamble informed the Board the Department is changing consultants for the work onthe Pennsylvania Avenue Bridge, over the Red Cedar River. It will go out for re-bid nextyear.

The City Budget must be approved by Council this Monday night, May 16th. It wassubmitted 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 CityMarket and the Lansing Center.

Public Service Board

Page 3May 12, 2011

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 sourcesii. Local Street Improvementiii. Green Designiv. Wet Weather Projectv. Sidewalksvi. Single Stream Recycling

10) PENDING ITEMS , :

The meeting adjourned at 1:11 p.m.

Respectfully submitted,Janette Tate, Recording Secretary

OFFICIAL PROCEEDINGS OF THE BOARD OFTRUSTEES

CITY OF LANSINGEMPLOYEES' RETIREMENT SYSTEM

Regular Meeting

May 19, 2011City Council Conference Room

Thursday, 8:30 a.m.10th Floor, City HallLansing, MI

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 - 7Absent: 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 theOfficial 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, 0retired. Total active membership: 506. Total deferred: 53. Refunds made since the lastregular meeting amounted to $0.00. Retirement allowances paid for the month ofApril, 2011 amounted to $1,661,088.19. Total retirement checks printed for the ERSSystem: 842. 3 death(s), Delores A. Carrick, died 5/5/2011, (Planning - retired9/15/2004), age 55, spouse to receive 100%; Robert A. Boyer, died 5/7/2011, (PublicService - 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 relationsorders received: O. Domestic relations orders pending: O. Eligible domestip-rel Lionsorders certified: 0.

There were no Requests for Regular Age and Service Retirements. IT::: !fJ

There were no requests for duty disability retirements.M

Ms. Williams reported that Case #2011 -E0317 has been scheduled to see the-Me 'icaF

Employees Retirement SystemRegular Meeting of May 19, 2011

Director for evaluation for no y d bili y. m N.)- s 7,73 Ui

There were no Requests for Refunds of Accumulated Contributions.

It was moved by Trustee Rose and supported by Trustee Parker to excuse TrusteeRobinson from the Employees Retirement System Meeting of May 19, 2011.


Trustee Robert Rose discussed some of the MAPERS Spring Conference workshopsthat included information on trustee liability. Trustee Rose found the roundtableregarding PA314 very informative. Trustee Rose reviewed the workshop regarding theeconomy and real estate. Trustee Mark Parker also reviewed several of the workshopsthat were available for attendees. Trustee Kraus stated that she always learnssomething new at the workshops presented. Trustee Kraus recommended memberswho did not attend to review the Conference Handbooks. Attorney Lane provided anupdate of legislation regarding HB 4361 that would tax public pensions and he reviewedthe 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 Krausindicated 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 didnot meet jointly and would be leaving a Michigan based company. However, she feltthat EFI provided a better presentation overall. Trustee Kraus' recommendation wouldbe to select EFI.

Trustee Dedic reported that the joint boards have agreed to review and discussdecisions 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 twoactuaries to assist with the transition. The process was previously handled by anemployee who has since left the City of Lansing. The Retirement Office and theAccounting Manager will be working with both actuaries to complete the 2010evaluation.

Trustee Munroe liked both companies, but would vote in the affirmative with the Board ifthey selected EFI, despite her concerns to give Gabriel, Roeder an opportunity to bemore proactive and that the Board was leaving a Michigan-based company.

Trustee Kraus wanted to Employees Retirement System Board to have a chance tovoice its opinions and concerns.

Employees Retirement SystemRegular Meeting of May, 2011Page 3

It was moved by Trustee Rose and supported by Trustee Munroe to select EFI as theEmployees Retirement System Board actuary.


Trustee Robinson arrived to the meeting.

Attorney Ken Lane distributed a vendor review policy for Board consideration. TrusteeDedic moved the ERS Ordinance Status and Board policies to pending until the nextmeeting. Trustee Dedic moved the Handbook Update to pending until the nextmeeting.

Karen Williams reviewed the Gabriel, Roeder, Smith minute master proposal forcalendar year 2010. Karen Williams explained that minute master comprised of all theBoard's minutes, contracts and decision in a searchable electronic database. TheBoard has adopted Minute Master as its official records for minutes prior to 1999. TheBoard requested that the Retirement Office contact EFI and inquire if EFI would adoptminute master and provide a proposal for its maintenance.

Karen Williams updated the Board regarding the pension software. The ProjectManager reviewed the RFPs and provided a fee summary of the proposals. EricTumbarella has requested to extend Dawn's contract.

Karen Williams distributed the Securities Lending and Board Expense Monthly report forApril.

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, SecretaryEmployees' Retirement System

Scott Dedic, ChairpersonEmployees' Retirement System

OFFICIAL PROCEEDINGS OF THE BOARDCF,TRUSTEES

G.)

c-3

CITY OF LANSING Fri

POLICE AND FIRE RETIREMENT SYSTEM,

`Regular Meeting May 24, 2011Council Conference Room Tuesday, 8:30 a.m.10th Floor, City HallLansing, MI

The Board was called to order at 8:37 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 HillLaw Office (representing the Law Department).

It was moved by Trustee Oleson and supported by Trustee Hecksel to approve theOfficial Minutes of the Police and Fire Retirement System Board Meeting of May24, 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), 0transfers, 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 regularmeeting amounted to $0.00. Retirement allowances paid for the month of April, 2011amounted 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 orderreceived: O. Domestic relations orders pending: O.

Eligible domestic relations orderscertified: 0.

There were no public comments for items on the agenda.

There were no applications for the Regular Age and Service Retirement.

Regular Meeting

May 24, 2011Council Conference Room

Tuesday, 8:30 a.m.10th Floor, City HallLansing, Ml

Page Two

It was moved by Trustee Hecksel and supported by Trustee Fabus to go intoclosed session to discuss sensitive medical information of a duty disabilityapplicant.Adopted by the following roll call vote: 6-0Yes: 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 concurwith the Medical Director's recommendation and not approve the duty disabilityrequest of #2010-F1109.


There were no requests for Non Duty Disability Retirement.

Karen Williams reported that Mr. August Krymis, police department, submitted arequest for refund of his Accumulated Contributions of $28,658.50. Ms. Krymiiswas not vested.

It was moved by Trustee Fabus and supported by Trustee Kraus to refund theaccumulated contributions of Mr. August Krymis.


It was moved by Trustee Hecksel and supported by Trustee Wood to excuseTrustee Benson from the May Official Police and Fire Retirement Meeting.


Ms. Williams reported that she had spoken to Mr. Benson who requested amexcuse due to medical issues. Mr. Benson did notify the Mayor's office to requesta temporary leave of absence.

Regular Meeting


Tuesday, 8:30 a.m.10th Floor, City HallLansing, MI

Page Three

Trustee Kraus reported that she had spoken the Mayor's office and notified theBoard 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. Hewould like to remain involved.

Trustee St. Aubin provided a report of the Spring MAPERS Conference. Hediscussed the Fraud Monitoring workshop. Trustee Kraus also attended theConference and also found the workshops informative. Trustee Oleson reportedthat the Police and Fire System was in good shape compared to other systems interms of how the Board operates. Trustee Hecksel discussed the workshops ledby Attorney VanOverbeke. Trustee Fabus discussed the workshop dealing withdifferent pension plans that included hybrids and information on the emergencyfinancial manager.

Karen Williams updated the Board regarding Ms. Ursula Finney. The RetirementOffice received a copy of the demand letter from the City Attorney Office to theestate representative of Ms. Finney. Attorney Ken Lane reported that therepresentative 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 ofpending Michigan House Bills. Attorney Lane discussed 4361 which was anamendment 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, anda 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 Lanestated the policy would establish a threshold for which a claim would be filed. TheCity Attorney's Office would check the claim on legal grounds and then refer it tothe Retirement Board to proceed. Either the firm or Attorney Lane would presentthe case to the Board. Asset Consulting Group would also review the claim andinform the City Attorney if there are any issues. The Board would then authorizethe City Attorney to sign the legal retainer agreement to proceed.

Regular Meeting



Page Four

Trustee Wood requested that the Board attach a resolution to the policy affirmingthe two firms that were approved by the Board.

Trustee Kraus suggested that the policy be voted upon separately, because inthe future the firms may change.

Trustee Wood expressed concern that a case can be brought by the CityAttorney's Office and pursued without consent from the Police and Fire Board.

Trustee Oleson requested that the policy be tabled until the next meeting afterAsset Consulting Group is consulted regarding a dollar threshold for the policy.

Attorney Ken Lane distributed and reviewed policy updates for the TrusteeHandbooks.

Attorney Ken Lane provided a review and distributed a memo of the ReciprocalRetirement Act.

Attorney Ken Lane provided an update from the City Attorney's Office that theRetirement Ordinance will be in its final form for next month's meeting.

Trustee St. Aubin reported that he had been contacted from Mr. Ronald Hansenregarding medical re-evaluation for duty disability. Mr. Hansen had beenseriously injured in an accident that has limited his mobility. Mr. Hansen wasselected He has requested that he not be evaluated by the medical director atthis time.

Mr. Hansen also sent a letter of request to the Retirement Office request re-instatement of his disability benefits due to his inability to work. Mr. Hansen'spension benefits were suspended last fiscal year due to his outside earnings andpension exceeded the amount of a police officer at his same rank. His pension isreduced according to the Police and Fire Retirement Ordinance, pro-rated over12 months. He would be eligible to receive a pension in July. The Boarddiscussed how overages from outside earnings are repaid.

Regular Meeting



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 submittheir information. A second notice will be sent those members informing themthat if their certification is not received, the monthly pension payment would besubject to adjustment.

The Board selected Mr. Edward Bedecs to replace Mr. Ronald Hansen on theduty disability medical re-examination list.

Karen Williams announced that the Real Estate Investment Search meeting wouldbe held June 8, 2011 at 8:30 am.

Karen Williams reviewed the Gabriel, Roeder, Smith minute master proposal forcalendar year 2010. Karen Williams explained that minute master comprised of allthe Board's minutes, contracts and decision in a searchable electronic database.The Board has adopted Minute Master as its official records for minutes prior to1999. The Board requested that the Retirement Office contact EFI and inquire ifEFI would adopt minute master and provide a proposal for its maintenance.

It was moved by Trustee Hecksel and supported by Trustee Wood to have theRetirement Office inquire to ER to provide Minute Master Services. If the MinuteMaster is available, request that EFI submit a fee proposal to the Police and FireBoard. If there are no Minute Master services available, the Board approves theGabriel, Roeder, Smith proposal with fees not to exceed, $2,650.


Karen Williams updated the Board regarding the pension software. The ProjectManager reviewed the RFPs and provided a fee summary of the proposals. ThePolice and Fire Board voted at the Joint Meeting to extend Dawn Polihonki'scontract.

Attorney Ken Lane drafted a contract extension for the Project Manager for theperiod of six additional months.

The Board discussed terminating securities lending as recommended by AssetConsulting Group. At the Joint meeting, Mr. John Jackson, Asset ConsultingGroup reviewed the risks associated with security lending products. The Boarddiscussed if they wished to continue securities lending and their risks involvedwith the investment. The Board discussed three options: 1) terminate securitylending, 2) leave the investment "as is", 3) request that Northern Trust lower thecaps.

Trustee Wood explained the original purpose of the fund to provide extra benefitsto retirees. Trustee Wood suggested that Asset Consulting Group provide awritten recommendation on the options regarding security lending.

It was moved by Trustee Fabus and supported by Trustee Hecksel to request theAsset Consulting Group provide a written recommendation regarding the threeoptions outlined by John Jackson for securities lending at Northern Trust.Additionally, the Board requests options regarding what can be done with thereserves if withdrawn from Securities Lending.


Karen Williams distributed and reviewed the Securities Lending Report BoardExpense report for month ending April 30, 2011.

It was moved by Trustee Hecksel and supported by Trustee Fabus to adjourn themeeting.Adopted by the following vote: 6 -0

The meeting adjourned at 10:00 am.

Minutes approved on

Jerry Ambrose, SecretaryPolice & Fire Retirement System

Brad St. Aubin, ChairpersonPolice & Fire Retirement System

CITY OF LANSINGPOLICE & FIRE and ERS RETIREMENT SYSTEM

JOINT BOARDOFFICIAL MINUTES

Joint Meeting


Thursday, 9:30 a.m.10th Floor City HallLansing, MI

The meeting was called to order at 9:36 a.m.

A quorum of the Police and Fire Retirement System Board and the EmployeesRetirement 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 (representingthe City Attorney's Office); Don Anderson, Mark Fetters, John Napoli, Northern TrustGlobal Investments.

Trustee Dedic moved to Quarterly Cash Flow Recommendations. Mr. John Jacksondistributed Asset Consulting Group memo recommendations for the Police and FireRetirement System and the Employees Retirement System.

It was moved by Trustee Rose and supported by Trustee Parker to transfer $3,000,000from the Northern Trust S & P 500 Index Fund - Non Lending portfolio to fund quarterlycash withdrawals as recommended by Asset Consulting Group.

Adopted by the following vote: 6 - 0IND

It was moved by Trustee Rose and supported by Trustee Parker to transfef 5,D 0.0from Northern Trust Securities Lending to Comerica for quarterly ad -mini atiexpenses.

-..s


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 asrecommended by Asset Consulting Group.


Joint Meeting


Thursday, 9:30 a.m.10th Floor City HailLansing, MI

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 quarterlyadministrative expenses.


Mr. Eric Tumbarella provided an overview of the Pension AdministrationSoftware Project. Mr. Tumbarella reviewed the progress of the Request forProposals mailed to targeted vendors on behalf of the Retirement Board. Mr.Tumbarella reported that the Project Manager's contract has expired and hesuggested that the contract be renewed to complete the selection process.

It was moved by Trustee Rose and supported by Trustee Parker for theEmployees Retirement Board to renew the Project Manager's contract.


It was moved by Trustee Hecksel and supported by Trustee Wood for the Policeand Fire Retirement Board to renew the Project Manager's contract.


Trustee Rose requested to address the Joint Board regarding security for theRetirement Office's data. Trustee Rose had concerns about Board liability if thedata was lost. Eric Tumbarella reviewed the current security information for Cityof Lansing data. Data can be saved on special drives that are backed up eachnight to the mainframe.

Trustee Wood requested that Eric Tumbarella prepare a written report regardingsecurity measures for retirement data. The Board requested that EricTumbarella set up the special drive as the default on the Retirement Office'scomputer.

It was moved by Trustee Robinson and supported by Trustee Munroe that thespecial 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 thespecial drive be set up as default on the Retirement Office's computer.


Joint Meeting


Thursday, 9:30 a.m.10th Floor City HailLansing, MI

Page 3

Mr. Mark Fetters, Mr. Don Anderson and Mr. John Napoli of Northern TrustGlobal Investments provided an overview of the Northern Trust GlobalSecurities Lending. Mr. Anderson provided a background and summary of thelending process. The investment team also discussed historical earnings, andprovided 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. TheBoard discussed if they wished to continue securities lending and their risksinvolved with the investment. The Board discussed three options: 1) terminatesecurity lending, 2) leave the investment "as is", 3) request that Northern Trustlower the caps. Trustee McCaffery indicated that with any investment there isrisk, but the security lending process has provided the ERS Board with a goodinvestment and he would not like to see it terminated at this time. The Policeand Fire Retirement Board requested that this item be added to their meetingagenda.

It was moved by Trustee Wood and supported by Trustee Hecksel for the Policeand Fire Retirement Board to go into closed session to discuss attorney- clientprivilege information, 8H of the Open Meetings Act.

Adopted by the following roll call vote: 5 - 0Yeas: Fabus, Hecksel, Oleson, St. Aubin, WoodNays: 0

It was moved by Trustee Rose and supported by Trustee Parker for theEmployees Retirement System Board to go into closed session to discussattorney-client privilege information, 8h of the Open Meetings Act.

Adopted by the following roll call vote: 5 - 0Yeas: Dedic, Munroe, McCaffery, Parker, RoseNays: 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 Policeand Fire Retirement System Board to move forward with the China Integratedlitigation based on a recommendation from Milberg, Inc.


It was moved by Trustee Rose and supported by Trustee Parker for theEmployees Retirement System Board to move forward with the China integratedlitigation based on a recommendation from Milberg, Inc.


Mr. John Jackson provided a quarterly performance review of the EmployeesRetirement System and the Police and Fire Retirement System investmentportfolios. Mr. Jackson discussed the Market Environment and provided anexecutive summary of the Investment Reports presented to the Boards. Mr.Jackson provided an equity analysis, fixed analysis and real estate analysis ofthe retirement portfolios. Mr. Jackson provided an update on the Real EstateSearch to replace ING Clarion.

Trustee Wood inquired into the status of the Retirement Ordinances. Trustee Woodasked that legal counsel provide an update on the Ordinances for the next Boardmeetings.

It was moved by Trustee Rose and supported by Trustee Parker to adjourn the meeting.


The meeting adjourned at 12:10 a.m.

Minutes approved onJerry Ambrose, Secretary

Scott Dedic, Chairperson

Brad St. Aubin, ChairpersonEmployees Retirement System

Fire and Police Retirement System

THIS ITEM

NOT AVAILABLE


7000 FINANCIAL SERVICES DIVISIONLansing Community CollegeP. O. Box 40010Lansing, Michigan 48901-7210Phone: (517) 483-1722 Fax: (517) 483-5285

LANSINGCOMMUNITY

COLLEGEWhere 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 taxrate of 3.8072 mills that is for OperatingAllMillage.

Enclosed is a copy of Form L-4029. An additional copy is also being provided. Pleasedistribute to the appropriate officials.

Please remit payment to:Lansing Community College7120-Cashier's OfficeP.O. Box 40010Lansing, Michigan 48901-7210

Should you have any questions, please call me at (517) 483-1311 or email [email protected] .

Sincerely,

Wayne ProvinesFinance Director

Enclosures

cc: All Township Clerks

r~c=s

t,_ 2JAll City Assessors MAll County Treasurers N,) C-All County Equalization Directors

r) N :h.`

r--r-

a

Ml'^

309 N. Washington Sq., Lansing, MI 48933

IlLJ!I1Wrll I. I 11

ORIGINAL TO: County Clerk(s)Michigan Department of Treasury614 (Rev. 02-11)

2011 Tax Rate Request (This form must be completed and submitted on or before September 30, 2011)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

Clinton, Eaton, Ingham, Ionia, Livingston, & Shiawassee2011 Taxable Value of ALL Properties in the Unit as of 5-23-11

10,477,691,694Local Government Unit Requesting Millage Levy

Lansing Community CollegeFor LOCAL School Districts: 2011 Taxable Value excluding Principal Residence, Qualified Agricutlural, Qualified Forest, IndustrialPersonal and Commercial Personal Properties.

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 beenauthorized for levy on the 2011 tax roll.

(1)Source

(2)Purpose of

Millage

(3)Date ofElection

(4)OriginalMillage

Authorized byElection

Charter, etc.

(5) **2010 MillageRate PermanentlyReduced by MCL

211.34d"Headlee"

(6)2011 Current

Year "Headlee"Millage Reduction

Fraction

(7)2011 MillageRate PermanentlyReduced by MCL

211.34d"Headlee"

(8)Sec. 211.34 Truthin Assessing or

EqualizationMillage Rollback

Fraction

(9)MaximumAllowable

Millage Levy *

(10)Millage

Requested tobe Levied July 1

(11)Millage

Requested to beLevied Dec. 1

(12)Expiration

Date ofMillage

Authorized

Charter Operating All 12-15-64 1.0 0.9430 1.000 0.9430 1.0000 0.9430 0.9430 0.9430 None



Charter Operating All 11.06-01 1.0 0.9782 1.000 0.9782 1.0000 0.9782 0.9782 0.9782 None

3.8072 3.8072

Note:

All Cities and somelevy thetownships

townstotal millage

hips levy the(3.8072)

total millage (3.8072)with the December

with the SummerTax Bill.

Tax Bill. Some

T

COPY TO: Equalization Department(s)COPY TO: Each township or city clerk

L-4029

Carefully read the instructions on page 2.

CERTIFICATION: As the representatives for the local government unit named above, we certify that these requested tax levy rates have beenreduced, if necessary to comply with thestate constitution (Article 9, Section 31), and that the requested levy rates have also been reduced, ifnecessary, 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

ChairpersonPresident

SecretaryIx!IXI

Print NameRobin M. Smith

Date 6/T///

Print NameDeborah Canja

Date_ /^/

* Under Truth in Taxation, MCL Section 211.24e, the governirYg body may decide to levy a rate which will not exceed the maximum authorizedrate 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 ratebut 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).

Local School District Use Only. Complete if requestingmillage to be levied: See STC BUtletin 3 of 2011 forInstructions on completing this section.Total School District OperatingRates to be Levied (HH/Suppand NH Oper ONLY) Rate

For Principal Residence, QualifiedAg, Qualified Forest and IndustrialPersonalFor Commercial Personal

For all Other

1L JJ II!RIIII _ I .Il _

Michigan Department of Treasury614 (Rev. 02-11)

2011 Tax Rate Request (This form must be completed and submitted on or before September 30, 2011)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

Clinton, Eaton, Ingham, Ionia, Livingston, & Shiawassee2011 Taxable Value of ALL Properties in the Unit as of 5-23-11

10,477,691,694Local Government Unit Requesting Millage Levy

Lansing Community CollegeFor LOCAL School Districts: 2011 Taxable Value excluding Principal Residence, Qualified Agricutlural, Qualified Forest, IndustrialPersonal and Commercial Personal Properties.

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 beenauthorized for levy on the 2011 tax roll.

(1)Source

(2)Purpose of

Millage

(3)Date ofElection

(4)OriginalMillage

Authorized byElection

Charter, etc.

(5)2010 Millage

Rate PermanentlyReduced by MCL

211.34d"Headlee"

(6)2011 Current

Year "Headlee"Millage Reduction

Fraction

(7)2011 Millage

Rate PermanentlyReduced by MCL

211.34d"Headlee"

(8)Sec. 211.34 Truthin Assessing or

EqualizationMillage Rollback

Fraction

(9)MaximumAllowable

Millage Levy *

(10)Millage

Requested tobe Levied July 1

(11)Millage

Requested to beLevied Dec. 1

(12)Expiration

Date ofMillage

Authorized





3.8072 3.8072

Note:

All Cities and some towns

total millagehips levy the

(3.8072)total millage (3.8072)

with the Decemberwith the SummerTax Bill.

Tax Bill. Sometownships levy the

CERTIFICATION: As the representatives for the local government unit named above, we certify that these requested tax levy rates have beenreduced, if necessary to comply with thestate constitution (Article 9, Section 31), and that the requested levy rates have also been reduced, ifnecessary, to comply with MCL Sections 211.24e, 211.34 and, for LOCAL school districts which levy a Supplemental (Hold Harmless) Millage,380.1211(3).

^ l /-7-/ /Print Name

Robin M. SmithDate

* Under Truth in Taxation, MCL Section 211.24e, the governing body may decide to levy a rate which will not exceed the maximum authorizedrate 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 ratebut 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).

ORIGINAL TO: County Clerk(s)COPY TO: Equalization Department(s)COPY TO: Each township or city clerk

L-4029

Carefully read the instructions on page 2.

Chairperson• President

IXI

ClerkSecretaryIXI

Print NameDeborah Canja

Date //

Local School District Use Only. Complete if requestingmillage to be levied: See SIC Bulletin 3 of 2011 for

'instructions on completing this section.Total School District OperatingRates to be Levied (HH/Suppand NH Oper ONLY) Rate

For Principal Residence, QualifiedAg, Qualified Forest and IndustrialPersonal

For Commercial Personal

For all Other

ComcastJune 15, 2011

Chris Swope, ClerkCity of Lansing124 W. Michigan Ave., 9th FloorLansing, MI 48933

Dear Mr. Swope:

Starting June 20, 2011, Comcast is changing the names of its video, Internet and voiceservices in Lansing to XFINITY TV, XFINITY INTERNET and XFINITY VOICE.

XFINITY represents Comcast's tremendous investment in our network and products inMichigan to offer our subscribers more HD, more speed, more choices and more controlthan ever before. Our customers can enjoy the best entertainment and communicationschoices whenever they want, wherever they are and however they want.

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• XFINITY INTERNET offers 50Mbps speeds with 100+ Mbps coming soon andeven faster in the future.

• XFINITY VOICE which let our customers' TV, phone and Internet workseamlessly together in new and innovative ways.

While the names of our products are changing to XFINITY TV, XFINITY INTERNET andXFINITY VOICE, the Comcast name will not change. The names of any Comcastcompanies with which you have agreements, including franchise agreements, remainthe same.

We are pleased to have this opportunity to introduce you to XFINITY TV, XFINITYINTERNET and XFINITY VOICE. If you have any questions or concerns regarding thismatter, or any matter, please feel free to contact me at 517-334-5686.

Sincerely,

John P. GardnerGovernment Affairs ManagerComcast, Michigan Region1401 E. Miller Rd.dLansing, MI 48911

Comcast

June 17, 2011

Chris Swope, ClerkCity of Lansing124 W. Michigan Ave., 9th FloorLansing, MI 48933

Dear Mr. Swope:

As part of Comcast's commitment to keep you informed about important developmentsthat affect our customers in your community, I am writing to inform you of a notice thatsome of our customers will receive.

Customers currently subscribing to our Cable Latino package, which is no longeravailable to new subscribers, will receive the attached letter informing them of ourMultiLatino package offering over 40 Hispanic programming channels. Please see theletter for specific details.

Please direct any customer calls about Comcast products, services and prices to 1-888-COMCAST. Our Customer Account Executives are available 24 hours a day, 7 days aweek. As always, feel free to contact me directly at 517-334-5686 with any questionsyou may have.

Sincerely,

John P. GardnerGovernment Affairs ManagerComcast, Michigan Region1401 E. Miller Rd.dLansing, MI 48911

June 16, 2011

Dear Valued Customer,

Great news! Comcast has recently launched additional Hispanic programming channels. Our new Hispanic servicepackage 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'repaying for your current Hispanic programming package ($9.95 per month). After the first two months, your price willrevert to the new MultiLatino package price of $14.95 per month. If you choose not to upgrade to MultiLatino, effectiveJuly 20, 2011, your current Cable Latino service will no longer be available and will be removed from your account. Tosign 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:

comcast®

ACTIONREQUIRED:

IMPORTANTINFORMATIONABOUT YOUR

CHANNEL LINEUP

Network

Ch.Univision Discovery en Espanol 601CNN en Espanol 602Fox Deportes 603Caracol TV 604MTV Tr3s 605History en Espanol 606mun2 607CineLatino 608VeneMovies 609Cine Mexicano 610Telemundo 611ESPN Deportes 612HTV Musics 615Ecuavisa 616Canal 52 Mx 617

Network Ch.Multimedios 618Gran Cine 620Gol TV 622Vi d eo ro l a 624TV Venezuela 625Teleformula 627Sur 628TVE 629TV Columbia 630TV Chile 631Latele Novels 632TBN Enlace 633iSorpresal 634Mexicanal 636EWTN Espanol 637Mexico 22 639

Network Ch.Once TV 641SUR Peru 643TV Dominicans 644TeleFe 646Utilisma 647CBTV 648WAPA America 650Galavision 651Ritmoson Latino ...: 652Telehit 653Bandamax 654De Pelicula 655De Pelicula Clasico 656

`Univision can be found on channel50/56/64/98/657 depending on thechannel lineup.

If you have any questions or would like to know more about Comcast products and services, please contact us at1-800-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 separatelyor 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 ROSSMANI

June 21, 2011

MEMO TO: Members of the Lansing City Council

FROM:

Kelly Rossman-McKinney

IN RE:

Written Comments from Last Night's Public Hearing

Many thanks again for your attention to the concerns of an increasing number of business andcommunity leaders deeply concerned about the overwhelming proliferation of marijuana storesin the city of Lansing.

As I indicated last night, I speak on behalf of a number of businesses located along MichiganAvenue, including (but definitely not limited to) the following:

Tim Daman, Lansing Regional Chamber of CommerceGreater Lansing Convention & Visitors BureauLansing Lugnuts621Clara'sBrogans Tire and Auto ServiceJon Anthony FloristSparrowSoup Spoon CafeGone WiredIron Quest FitnessBud KoutsGillespie Company, L.L.CGillespie GroupNeogen CorporationTractionCooley Law School

Let me make it clear: we do not oppose marijuana stores but we do oppose the absoluteproliferation of these stores in our community.

As long-time members of this community, many of us remember all too clearly the struggle torid Michigan Avenue of the blight wrought upon us by porn shops and dirty bookstores that linedthe gateway to the Capitol and to MSU. One of Mayor David Hollister's proudestaccomplishments is the elimination of that blight.

Unfortunately, we are heading in that direction again. We were stunned to learn of two criticalstatistics: 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 todeliberate 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 practicesfrom 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 severeproliferation of these stores and their impact on our community. We urge you to take anadditional 90 days to button this issue up in a way that preserves and protects the rights ofpatients, business owners and neighbors.

Chris Swope - City ClerkLansing City Council r.,.. CD124 W. MichiganLansing, MI 48933

rn-.a

Unanimous YES vote for the City of Lansing Michigan 's Medical Marijuana Ordinance

Lansing residents are due a unanimous vote in support of the Medical Marijuana ordinance. Thecalls for extending the moratorium are a feeble attempt to undermine the voters of the City of Lansingby insulting their intelligence. The calls for additional studies and the conduct of Attorney General BillSchuette regarding public safety are a desperate attempt by a bunch of narrow minded individuals whowant to take the State of Michigan backwards to the good of days of incarcerating people in jails andprisons for Marijuana possession, manufacturing, and use.

City of Lansing businesses on Michigan Avenue and other locations in the city have benefitedimmensely from Medical Marijuana. Businesses like the horticulture shops, coffee shops, and bars havebenefited from the collateral economic growth of this industry in the city. Educational institutions likeMichigan State University, Okemos Public Schools, and Shabazz Academy have benefitted from studentswanting to learn how to grow and help deal with global climate change. This can be developed and usedin the Lansing School District to enhance their math and science programs with the research intoIndustrial Hemp and Marijuana.

We in the Medical Marijuana community are protecting the children through education andinformation instead of the mis-information of the D.A.R.E. program that treats marijuana use as acriminal act. Furthermore we hope that the council protects the constitutional rights of the votersinstead of the prohibitionist stance from certain religious groups. GOD is bi-partisan and manufacturesa good product from a seed. Lansing has become a place to visit and it is very evident from the visitorswho come here from all over the State of Michigan to get some of the best marijuana in the UnitedStates of America.

We manufacture excellent Marijuana right here in Lansing Michigan and maybe one day we willbe exporting our products to all corners of the world. Lansing Michigan is a world class city with worldclass Marijuana. Therefore we hope that the Lansing City Council removes the 24/7 restrictions andvote yes in support of Ordinance #876. The people demand it.

Sincerely,

Richard Clement - CoordinatorIngham County NORMLwww.minorml.org

(6/22/2011) Kevin Reeves - Fwd: OP-ed released

Page 1

C Is

From:

Diana BitelyTo:

Kevin ReevesDate:

6/22/2011 11:28 AMSubject:

Fwd: OP-ed released

For the council agenda

>>> MMDA Dispensary Association <infodispensaryassociation.orq> 6/21/2011 5:02 PMCarol

I/we have obvious interests in Lansing dispensaries and have followed youthroughout the media.

Despite our differences of opinion I do sympathize with the concerns youhave for your constituents and neighbors and applaud your efforts to do whatyou 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 citizenof Michigan, I share several concerns about the medical marijuana industrywith opponents. Every day I hear citizens voicing discomfort about theprospect of a dispensary in their town and am often forced to agree withthem.

A lot of this fear is moral panic brought upon by the status quo. A truerconcern for communities is that of less-than-professional operators in themedical marijuana industry.

As a resident of Michigan I am concerned with some of the individuals thatare co-piloting the business of medical marijuana in the State. It is apersonal challenge to become the benchmark for dispensaries and providecomfort to my neighbors that we can serve patients without tarnishing ourcommunities.

Lansing is an example of what a town can expect when it refuses to addressthe issue of zoning dispensaries head on. I own one of the 40+ dispensariesin Lansing, Relief Choices, and have seen the growth of dispensaries here ina short period. Subsequently my business has also realized the effects ofmarket saturation. Relief Choices was one of the first in the city andserved the needs of many patients, that is until the town was soon floodedwith competition.

I am in favor of a free and open market, just with some rules and standardsattached.

>>>

os^D

(6/22/2011) Kevin Reeves - Fwd: OP-ed released

As a business we are committed to the medical use of marijuana and that isreflected by our advertising initiatives and branding. When such competitionfor medical marijuana exists in a community, as witnessed in Lansing,dispensaries in their need to compete often sacrifice their messaging. Thisbehavior often tends to blur the lines and the marketing appeals more to arecreational consumer as opposed to a medical patient.

Neon-green-marijuana-leaf signs, the absolute fear of all communities, willcome to those communities where competition is the greatest and/or localgovernment has done little to address zoning issues. The "clean up" thatLansing is now undertaking will prove to be a challenge and I hope willserve as a lesson to all communities opting to ignore the zoning ofdispensaries in their own town.

Ryan Richmond is the director of the Medical Marijuana DispensaryAssociation (dispensaryassociation.org ) Through our members we protect thepublic health by promoting the highest standards of practice and assist withregulations that help to govern the distribution of medical marijuana. Ourpromise to the public is what drives all decisions, standards and trainingefforts of the Medical Marijuana Dispensary Association.

*Medical Marijuana Dispensary Association**Delivering Our Promise to the Public*

6/22/2011) Diana Bitely -_ Medical Marijuana

Page

From:

Ashley Renkes <[email protected] >To:

<[email protected]>Date:

6/21/2011 5:29 PMSubject:

Medical Marijuana

Dear City Council:

Medical Marijuana should not be dispensed in residential areas, or nearschools and churches. It is important to protect homeowners and the value oftheir land. It is important to protect children and parishioners from thecriminal element we have already seen trying to rob these businesses andcreate an unsafe environment. In addition, allowing these dispensaries inhigh-traffic commercial areas will create a poor image of our city.Grandfathering in dispensaries that do not meet strict criteria for theiroperations and location would be unwise, and would have .a negative effect onall parties previously mentioned. It is up to you to stand up for thecitizens of Lansing, people who own or rent homes here, pay taxes here, andwant to be safe and free from drugs on every corner (which are still illegalunder federal laws). Yes, medical marijuana is legal under Michigan law, butdoes that law actually trump federal law? Shouldn't we clamp down on medicalMJ until it is appropriately dispensed by pharmaceutical standards inpharmacies (since it is for medical purposes only)? Would you want yourproperty value cut in half because a medical MJ business moves in across thestreet from you? Would you want visitors seeing multiple medical MJbusinesses along the main thoroughfares in Lansing?

Please stand up for the majority of us that do not use medical MJ and don'twant to see it spread across the city unnecessarily. Why should a city of alittle 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 councilmembers. If council does not protect the city from the spread of this(ultimately) illegal business, then I'm not sure what else council willprotect us from...

Thank youAshley Renkes3327 Gingersnap Lane, 48911

You must be the change you wish to see in the world.-Mahatma Gandhi t_._

NDraj

(6/24/2011) Kevin Reeves Fwd medical marajuana clinics on Michigan Av

Page 1 :

c v-

From:

Diana BitelyTo:

Kevin ReevesDate:

6/23/2011 3:40 PMSubject:

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 theFoster Neightborhood Association) and thief activity as well as amugging 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 weekwhen working in myfront yard by strangers who offer "to work for alittle money...ie. pull weeds" I explain that I do not hirestrangers...Please consider the effects of this crime increase on thehome owner and rental population in our neighborhoods on theEastside---l for one will not choose to remain here if this crimeincrease continues.

I resent the business interests on Michigan Ave that have brought sucha traffic of risk into our once peaceful, once safe working classneighborhood...Is Lansing this desperate? The deterioration of MichiganAve to these clinics that do nothing to adorn themselves or refurbishtheir property, not to mention the increase in pawn shops and tatooparlors, is rapidly destroying accessibility of ordinary businesseswhich 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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