CITY COUNCIL REGULAR City Hall - 270 S

CITY COUNCIL REGULAR City Hall - 270 S. River Avenue November 20, 2019 AGENDA

5:30 PM Pre-Council Meeting (Council review of agenda items. No Action Taken) 7:00 PM Council Meeting (Action to be taken by Council on the following agenda items)

1. Roll Call 2. Opening Prayer - Mayor Bocks 3. Pledge of Allegiance 4. Consent Agenda - Roll Call Items listed with an asterisk (*) are considered to be routine and have previously been reviewed by Council, and will be enacted with one motion, unless stated otherwise by the public or a Council Member, in which event the item will be removed from the consent agenda and considered in its normal sequence. Items presented in bold are non-consent. A. Absences Excused B. Approval of Minutes 1. *November 6 regular meeting and November 13, 2019 study session.

C. Oaths of Office D. Requests to Remove Items from Consent 5. Special Presentations and Recognitions from Mayor or Council 6. Special Order of the Day Organizational Meeting of the Holland City Council

A. Selection of Mayor Pro Tem (Roll Call) • Mayor asks for Nominations from the floor • Roll Call on Nominees by Name • Motion to declare (Council Member) Elected Mayor Pro Tem B. Resolution on Meetings of the Council (Roll Call) C. Rules of Council (Roll Call)

D. Resolution on Investments and Depositories (Roll Call)

E. Continue Organization of Planning Commission (Roll Call) F. *Adoption of List of Administrative Officials to Planning Commission

G.* Administrative Official to Planning Commission 7. Unfinished Business 8. Written Petitions 9. Public Comment (This is an opportunity for the public to address the Council and to make any appropriate comments. Please limit your comments to 5 minutes per person.) 10. Adoption of Ordinances 11. Reports from Special Committees 12. Reports from Boards, Commissions and City Offices A. Board of Public Works 1. * Proposed Ordinance Amendments to Chapter 29, Sections 29-2, 29- 3, 29-13, 29-49, and 29-50 - Sewer Use Ordinance - Final Reading on Dec. 4, 2019 Regular Meeting

B. Planning Commission C. City Attorney D. City Clerk 1. * Claims Filed Against the City

2. * Charitable Gaming License – Adopt Resolution

E. City Manager 1. Transportation Services: 2. Community & Neighborhood Services: 3. Parks & Recreation Services: 4. Fiscal Services & Purchasing: 4.1 * Finance – September Financial Reports - Accept as Information

5. Public Safety Services: 6. Management & Administrative Services: 6.1 Gifts (Voice Vote)

6.2 * Downtown Group - Proposed Text Amendments to Chapter 18 Article V regarding Stopping, Standing and Parking

6.3 Resolution Consenting to the Continued Resettlement of Refugees (Roll Call)

6.4 Civic Center Place Fiscal Year 2019 Year End Budget Amendment (Roll Call)

6.5 * 2020 Schedule of Meetings of the Holland City Council

7. Internal Services: 13. Communications from the City Manager 14. Communications from the Mayor 15. Communications from Council Members 16. Motions and Resolutions by Council Members 17. First Reading of Ordinances A. * Proposed Ordinance Amendments to Chapter 29, Sections 29-2, 29-3, 29-13, 29-49, and 29-50 - Sewer Usage and Administration

B. * Proposed Ordinance Amendments to Chapter 18 Article V, Sections 18-27, 18-31, 18-32, 18-33 and 18-42 - Parking in the C-3 Zoning District 18. Adjournment

AUDIENCE PARTICIPATION: In addition to addressing the Council during public hearings and under “Public Comment,” members of the Audience may address the Council, on items under “Reports from Boards and City Officers,” after a motion is pending on a particular item (except for items on the Consent Agenda), or by approaching the microphone and waiting to be recognized by the Mayor. Audience participation shall be five minutes or less per item. HEARING ASSIST DEVICES: The City Council Chambers is equipped with the Induction Loop System. Please adjust your hearing aid to the T-coil setting to enhance reception of the amplified sound. CELL PHONES: Please be courteous and turn cell phones off during the meeting. CONSENT AGENDA: All items listed under “Consent Agenda” are considered to be routine and have previously been reviewed by Council, and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or a member of the audience so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. PLEASE NOTE: The City of Holland will provide necessary services and auxiliary aids, such as signers for the hearing impaired and audiotapes of printed materials, to individuals with disabilities, upon receipt of seven days prior notice. Persons with disabilities requiring auxiliary aids services should contact the City of Holland by writing or calling: Esther Fifelski, Human/Community Relations Coordinator, 270 S River Avenue Holland, MI 49423, phone 616.355.1300. Document(s) available for translation upon request. La Ciudad de Holland proporcionará servicios necesarios y ayudas auxiliares, tales como personas que usan lenguaje de señas para aquellos con discapacidad auditiva y cintas de audio de materiales impresos, a las personas con discapacidad, con un aviso previo de siete días de anticipación. Las personas con discapacidades que necesiten servicios de ayudas auxiliares deben ponerse en contacto con la Ciudad de Holland escribiendo o llamando a: Human/Community Relaciones comunicándose con Esther Fifelski, 270 S River Avenue, Holland, MI 49423, teléfono 616.355.1300. Documento(s) en traducción disponible(s) a petición.

Minutes Holland City Council Meeting Holland, Michigan, November 6, 2019

The City Council gathered at 5:00 p.m. in the Employee Lounge for supper and then met at 5:30 p.m. in the Training Center of City Hall, 270 River Avenue, for a study session and reviewed items on the agenda for this meeting.

The City Council met in regular session at 7:00 p.m. in the Council Chambers of City Hall and the meeting was called to order by Mayor De Boer.

Members Present: Mayor De Boer, Council Members Trethewey, Byrd, Peters, Garcia, Lynn, Corbin, Hoekstra and Klomparens

Members Absent: None

Others Present: City Manager Van Beek, Assistant City Manager Van Dyken, City Clerk Grimm and City Attorney Vander Veen

Council Member Garcia led in opening prayer.

19.490 Consent Agenda

After review, a motion was made to approve the consent agenda items which included the following Council Action numbers:

19.491 – 19.494, 19.496 – 19.502, 19.504, 19.505

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.491 Approval of Minutes

Council approved the minutes of the October 16 regular meeting and October 30, 2019 study session.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.492 Oaths of Office

The following executed oath of office were presented and filed:

Ron Price

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

Public Comment

Virginia and Bruce Greenlee presented Mayor De Boer a plaque on behalf of the community. Ann Henriksen, 338 Royal Park Drive, presented Mayor De Boer with a bouquet of flowers and thanked her for her service. Keith Schaap, 29 E. 6th Street thanked Mayor for her service and leadership to the community. He also thanked Council for their leadership. Matt Davis and Rebecca LeClair invited citizens to check out the Tulip City United Soccer team. Chris S. Byron Township spoke about the non-discrimination policy. Jim Storey, 344 W. 35th Street, Allegan County Commissioner provided a quarterly update on Allegan County. Robert Holmes, 1180 Matt Urban does not feel anyone is being discriminated against.

Reports from Boards, Commissions and City Offices

City Clerk

19.493 Big Lake Brewing - Small Distiller License Resolution

Council adopted resolution (R2019.68) approving a Small Distillery License for Big Lake Brewery located at 13 W 7th Street.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

City Manager

19.494 Ottagon Inter-County Drain - Adopt Resolution

Council adopted resolution (R2019.69) supporting the maintenance work to be performed on the Ottagon Inter-County Drain at a not-to-exceed expense of $14,290; and that this amount be appropriated from the Streets Operating budget.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.495 19th Street Tree Planting Project - Award Bid

Council approved the bid from Twin Lakes Nursery in the amount of $56,821 for tree planting along 19th Street; subject to approval as to form the City Attorney; and adopted the revised project budget with funding provided from the Streets Improvement Funds.

For Against Nancy De Boer x Quincy Byrd x Myron Trethewey x Jay Peters x Raul Garcia (Seconded By) x Brian Lynn x Scott Corbin x Dave Hoekstra (Moved By) x Wayne Klomparens x 9 0

19.496 Treasurer – Place Delinquent Ordinance Violation Invoices on Winter 2019 Property Tax Bills - Adopt Resolution

Council adopted resolution (R2019.70) to place delinquent ordinance violation invoices on the Winter 2019 property tax bills.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.497 Finance Department – Annual Adjustments of Interest Rates for Certain Special Assessments

Council approved the interest rate for non-bonded capital improvement special assessment rolls and the interest rate on special assessments for the fill-in-the-gap program be set at 3.25%, effective Nov. 1, 2019.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.498 Finance Department – Quarterly Investment Report

Council accepted the quarterly investment report for the first quarter of the fiscal year (July – September 2019) as presented.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.499 Purchasing – MT7 Tractor and Attachments

Council approved the purchase of a MT7 Trackless Tractor with snowblower and plow from Bell Equipment Company at a cost of $147,350, to be paid from the Vehicle and Equipment Replacement Fund.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.500 Purchasing – Police Vehicles

Council approved the purchase of two 2020 Ford Police Interceptor Utility AWD vehicles from Signature Ford at a cost of $80,812 to be paid from the Centralized Vehicle and Equipment Fund, and that the budget be amended as needed.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.501 Purchasing – Tire Changer/Wheel Balancer

Council approved the purchase of a Hunter Tire Changer/Wheel Balancer from Mohawk Resources, Ltd. at $17,761.63 and amended the Vehicle and Equipment Replacement Fund.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.502 Purchasing – Award Truck Bids

Council approved the Barber Ford bids to purchase three Ford F250 pickup trucks w/plows at a cost of $35,807 each and one Ford F150 pickup truck with topper at a cost of $37,236.69 for a total purchase cost of $144,657.69, to be funded from the Vehicle and Equipment Replacement Fund.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.503 Gifts

City Manager’s office is pleased to report the receipt of the following gifts:

Parks and Recreation - Coins from Fountain at Kollen Park, $41

Parks and Recreation - Van Raalte Farm Dog Park Project Vandyken Family, $10 Wilson Family, $15 Caleb Family, $10 Smith Family, $10 Ballard Family, $20 VanderPloeg Family, $100 Malus Family, $100 DeCook Family, $25

Parks and Recreation - Sal Perez Scholarship Program Various Anonymous Donors, $36

Public Safety Services Department, Police Operations, Purchase of a Weapon Holland Police Officers' Association, $448

It was recommended that the donations be accepted with appreciation; credited to the appropriate account; and an expression of gratitude be forwarded to the donor.

MOVER: Council Member Trethewey, SECONDER: Council Member Byrd

19.504 City Manager's and Mayor's Office Renovation Project - Award Bid

Council approved the bid from GDK Construction for $70,600 with an additional contingency of $7,060 for the City Manager's and Mayor's Office Renovation project; to be allocated from the Municipal Capital Improvement Fund.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0

19.505 Revocable License Agreement - The Sherwin-Williams Company - Monitoring Wells

Council approved a Revocable License Agreement with The Sherwin-Williams Company for the installation of three monitoring wells along the south side of East 40th Street, between 54th Street and Brooks Avenue and 1014 Waverly Road.

For Against Nancy De Boer x Quincy Byrd (Seconded By) x Myron Trethewey (Moved By) x Jay Peters x Raul Garcia x Brian Lynn x Scott Corbin x Dave Hoekstra x Wayne Klomparens x 9 0 Communications from the City Manager

1. City Manager Van Beek thanked Mayor De Boer, Council Member Lynn and Council Member Klomparens for their service, stating they served with honor. There will be an Appreciation Open House for Mayor De Boer on Nov. 18, 4 – 6 for her 14 years combined service to the City. 2. Diversity Forum is Friday, November 18 at the Civic Center 3. Nicki Arendshorst, newly elected 4th Ward Council Member will be sworn in on Thursday, Nov. 7 at 10:30am 4. New Council Members orientation, will be setting dates to tour City offices, meet staff, etc.

Communications from the Mayor

19.506 Mayoral Appointment/Reappointment/Resignation for City Boards/Commissions

Council approved appointments of Williamson Wallace, III, Police Community Relations Commission term expires Dec. 31, 2022, Jacklyn Humbarger, International Relations Commission, term expires June 30, 2022, the reappointment of Marvin Martin, Jr., Dangerous Structures Hearing Officers, term expires Nov. 5, 2022, and the resignation of Joseph Ysasi from the International Relations Commission effective April 1, 2019.

MOVER: Council Member Trethewey, SECONDER: Council Member Hoekstra

Proclamations

Mayor De Boer read into record two Proclamations:

Extra Mile Day, Mayor of the City of Holland, Michigan, does hereby proclaim November 1, 2019 as: EXTRA MILE DAY and urges each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place.

Small Business Saturday, Mayor of the City of Holland, Michigan does hereby proclaim, November 30, 2019, as: SMALL BUSINESS SATURDAY and urges the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year.

Mayor De Boer thanked Council Members Lynn and Klomparens for their commitment and doing the best for the community. Mayor thanked Council for 14 years together and a community that cares.

Communications from Council Members

19.507 Council Appointment/Reappointment for City Boards/Commissions

Council approved the appointment of Sandra Brookhouse and the reappointment of Carolyn Ulstad to the Sustainability Committee terms expiring June 30, 2021.

MOVER: Council Member Trethewey, SECONDER: Council Member Byrd

Council Member Lynn thanked Council, family, City Manager and staff. Council Member Klomparens thanked his family, the citizens of Holland, Council Members and City staff, “when you give, you get back”.

Several Council Members thanked Mayor and Council Members Lynn and Klomparens stating it was an honor and privilege to serve with them. They put the best face of Holland forward. Council could disagree with mutual respect, objective thinking, wisdom. There is no question their love of the City.

19.508 Adjournment

MOVER: Council Member Lynn, SECONDER: Council Member Klomparens The Council adjourned at 8:20 p.m.

Respectively Submitted,

______Kathy Grimm City Clerk

Minutes Holland City Council Study Session November 13, 2019

The City Council met in a study session at 5:30 PM. in the Training Room, 2nd Floor of City Hall, 270 River Avenue, and Mayor Bocks called the meeting to order.

Council Members Present: Mayor Bocks, Council Members Byrd, Trethewey, Peters, Garcia, Arendshorst, Corbin, Hoekstra and Raymond

Council Members Absent: None

Others Present: City Manager Van Beek, Assistant City Manager Van Dyken, City Clerk Grimm and HYAC Students

Item 1 Public Comment

Dan Morrison, 349 Pine please keep broadband moving forward.

Item 2 Updates / Education on Dangerous Structures Process and Short-Term Rentals

Dreier, Assistant Community and Neighborhood Services Director provided information and photos regarding when a property is considered a dangerous structure and discussed the process. Dreier also shared information on property maintenance and an update with Council on the Short-term rentals.

Item 3 Holland Civic Center Place Update

Assistant City Manager VanDyken updated Council on the Civic Center Place. City will cover $48,000 in Capital one-time startup purchases. Forecast for the next 120 days, busy time and Civic Center had a really strong quarter. Civic Center Place Board will present to the City better profit and loss statements.

Item 4 Continued Discussions on Broadband Services with the Holland Board of Public Works (HBPW)

Koster, Holland Board of Public Works provided an update on the goals of the Broadband Advisory Task Force. A task force is being assembled to study what a community-wide fiber installation could look like and how the city would pay for it. The city-wide fiber buildout would not likely involve HBPW providing the internet service. Instead, HBPW would provide the infrastructure and then allow private telecommunications companies to offer high-speed services through the HBPW’s network. Questions and discussion followed.

Item 5 Other Business

City Manager Van Beek requested Council provide the requested ranking on appointments to Boards and Commissions. Friday, November 15 is the Diversity Forum at the Civic Center. There is a contingent from the City going to Ford. Council Holiday Open House is scheduled for December 12, 2019

Item 6 Adjournment

Respectively Submitted,

______Kathy Grimm City Clerk

OFFICE OF THE CITY MANAGER City Hall Holland, Michigan

City Manager Report 6A, B, C, D, E, F, G

To: Mayor and Members of the Holland City Council Date: November 20, 2019 Subject: Organizational Meeting of the Holland City Council

Summary City Council is being asked to select and adopt:

A. Selection of Mayor Pro Tem • Mayor asks for nominations from the floor • ROLL CALL on nominees by name

B. Resolution on Meetings of the Council • RESOLVED, that the Council of the City of Holland shall hold its regular sessions at City Hall on the first and third Wednesdays of each month, beginning at 6:30 p.m., except when the dates for such regular meetings shall be on a holiday, then such meetings shall be held at the same time and place on the next secular day which is not a holiday or on another day as determined by the Council.

C. Rules of Council • RESOLVED, that the Rules of the Council, as presented, be and the same are hereby adopted. Attachment

D. Investments and Depositories • RESOLVED, that the actions of prior Councils relative to the deposit of public funds and monies, which designate the depositories therefore, be and the same are hereby ratified and confirmed by this Council of the City of Holland. Attachment

E. Continue Organization of Planning Commission • RESOLVED, that the Council of the City of Holland hereby deems it desirable to continue the existing organization of the Planning Commission, whereby the Mayor, an administrative office, and one member of the Council are members ex-officio of said Commission.

F. Adoption of List of Administrative Officials to Planning Commission • Adoption of List of Administrative Officials to Planning Commission. Attachment

G. Appointment of Administrative Official to Planning Commission • It is recommended that City Council approve the appointment of Andy Kenyon, Parks & Recreation Director, as the Administrative Official to the Planning Commission.

Respectfully submitted,

Keith Van Beek City Manager

OFFICE OF THE CITY MANAGER City Hall Holland, Michigan

City Manager Report 6C

To: Mayor and Members of the Holland City Council Date: November 20, 2019 Subject: Rules of Council

Summary Per the City Charter, Section 4.7 (F), the City Council is authorized to determine their own rules, and order of the business as long as such rules conform to the requirements bound in State law and the City Charter.

Historically Council adopts a new set of “Rules of Council” when the new body is seated after the election. As we have worked through the Governance Manual, we have had various conversations about items in the “rules,” such as:

1.1 "Regular Sessions . . . at 6:30 PM 1.5 “may hold a pre-council study session” 1.8 Added section for member absent due to military duty 2.3 Public comment earlier in the agenda 3.4 Consent agenda items grouped together; need final direction, Clerk provides summary or Mayor call attention to the items; 3.9 “Council will not take positions on matters or requests that do not pertain to or are not within the operational jurisdiction of the City.” 3.16 Under “Motions and Communications from Council Members,” any member of Council shall have the opportunity to present motions, informal suggestions or recommendations for discussion by the Council.

City Council convenes to adopt revisions to the Rules of Council for 2019 - 2021 as recommended.

Recommendation It is recommended that City Council adopt the amended Rules of Council effective November 2019 - November 2021 as presented.

Respectfully submitted,

Keith Van Beek City Manager

Attachments: Rules of Council - Marked; Rules of Council - Clean CITY OF HOLLAND RULES OF THE CITY COUNCIL Amended November 20, 2019 l City Council Action #

Formatted: Header distance from edge: 0.2", Footer CITY OF HOLLAND distance from edge: 0.3" RULES OF THE CITY COUNCIL Formatted: Normal

Chapter I Sessions of the Council

1.1 The Council shall hold its regular sessions on the first and third Wednesdays of each month at 7 PM, 6:30 P.M. in the Council Room in City Hall, unless the time set shall be a holiday, then such meeting shall be held at the same time and place on the next day which is not a holiday or on another day as determined by the Council. Council shall hold at least 2 regular meetings each month.

1.2 A special meeting may be called in conformity with Section 4.7(b) of the City Charter.

1.3 Except when absent from the City or temporarily unable to perform his or her duties, the Mayor shall preside over all meetings of the Council and preserve order thereat. The Mayor Pro-tem shall preside during the absence of the Mayor, or at the call of the Mayor. In the event of the absence of both the Mayor and Mayor Pro-tem, the Council shall be called to order by the Clerk, and the Council shall immediately select one of its members to serve as Acting Mayor Pro-tem. While serving as chairperson, the Mayor Pro-tem, and/or Aacting Mayor Pro-tem, shall have the same rights and privileges as other members of the Council. Commented [BS1]: The Charter defines who runs the meeting in absence of Mayor and Mayor Pro Tem 1.4 In aAddition to regular and special meetings, the Council may hold study sessions on the second, and fourth and fifth Wednesdays of each month or before or after a regular Council meeting for the purpose of deliberating towards a decision on any matter or to adopt a motion as provided in subsection C of this section. All other decisions as a result of deliberations during study sessions shall be made only at a subsequent regular or special meeting. The study sessions shall be open to the public and shall comply with the posting requirements of Act 267, Michigan Public Acts for 1976, as may be amended. No regular meetings or study sessions of the Council will be scheduled on the fifth Wednesday of a month. For the purpose of posting only, the study sessions provided for herein shall be considered as special meetings. Nothing herein shall preclude the Council from holding a special meeting at the time of or during a study session, provided that all provisions of the charter and state law with respect thereto are complied with. The Rules of the Council shall not apply to study sessions except for the rules contained in this section and except for the following, it being the intent hereof to give the Council complete freedom for discussion. just as if it were in a Committee of the Whole: Formatted: Body Text, Left, Indent: Left: 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2, 1.4 3, … + Start at: 2 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" A. The presiding officer shall be as provided in Section 1.3 of these rules. Formatted: Indent: Left: 0.75", No bullets or numbering 1

CITY OF HOLLAND RULES OF THE CITY COUNCIL Amended November 20, 2019 l City Council Action #

B. With the consent of the Mayor and a majority of Council Members, persons shall be permitted to address the Council for no more than three minutes during study sessions in accordance with Chapter VII of these rules. C. The Council may adopt a motion to refer any matter brought before it under subsection B above and may adopt a motion to adjourn at any time. D. Minutes of study sessions shall be kept in accordance with the provisions of state E. law and City Charter and are to be submitted for approval at a subsequent regular meeting under the same procedure outlined in Section 3.3 of these rules.

1.5 In addition to regular and special meetings and study sessions, the Council shall may hold a pre-council agenda study session at 5:30 P.M. on the same day that a regular meeting is held, said session to be in City Hall for reviewing the items on the agenda and to discuss any matter brought before it, however any decisions as a result of such review or discussion shall be made only at the ensuing regular meeting or at a subsequent regular or special meeting. Pre- council agenda study sessions shall be open to the public. The Rules of the Council shall not apply to pre-council agenda study sessions except for the rules contained in this section and with the same exceptions as listed in Section 1.4 of these rules, provided; however, that any motions or decisions are to be deferred as outlined above in this section. The minutes for pre-council agenda study sessions shall be summarized and incorporated in the minutes of the regular meeting for which the agenda study session was held.

1.6 Closed sessions of the Council may be held at any time in accordance with Act 267, Michigan Public Acts of 1976, as may be amended, upon roll call vote, notwithstanding any Council Rule to the contrary.

1.7 The City Clerk or Deputy Clerk designee is hereby designated as the person responsible for posting public notice of all Council meetings in City Hall and beyond as required by law. Formatted: Font: (Default) Letter Gothic, 10 pt, Font color: Custom Color(RGB(42,42,43)) All decisions of a public body shall be made at a meeting open to the public. For Formatted: List Paragraph, Left, No bullets or numbering, 1.8 Adjust space between Latin and Asian text, Adjust space purposes of any meeting subject to this subsection, except a meeting of any between Asian text and numbers state legislative body, the public body shall establish the following procedures to accommodate the absence of any member of the public body due to military duty: Formatted: List Paragraph, Left, No bullets or numbering, Adjust space between Latin and Asian text, Adjust space A. The City will provide a telephone call-in number and have speakerphone between Asian text and numbers equipment available that will allow the Council Member to speak and be Formatted: Indent: Left: 0.5", No bullets or numbering heard by others and that allows the Council Member to hear others who Formatted: Indent: Left: 0.5", Hanging: 0.25" speak at the meeting.

CITY OF HOLLAND RULES OF THE CITY COUNCIL Amended November 20, 2019 l City Council Action #

B. It will be noted on the agenda and members of the public will be able to communicate with Council Member through the member’s City e-mail address.

Formatted: Font: (Default) Letter Gothic, 10 pt, Font color: Custom Color(RGB(42,42,43)) Chapter II Formatted: Indent: Left: 0.5", Hanging: 0.25", No bullets or numbering, Don't adjust space between Latin and Asian Agenda and Order of Business text, Don't adjust space between Asian text and numbers

2.1 The City Manager and the Deputy City Clerk shall be responsible for the preparation of the agenda and the distribution of the same to the Mayor and Council Members before each regularly scheduled meeting. Copies of all reports listed under "Reports of Special Committees" and "Reports from Boards and City Officers" shall be included with the agenda to the Mayor and Council Members. The agenda and attachments shall be distributed by electronic transmission. The electronic transmission is to take place on the day after the deadline for submitting agenda items. In the event a regular meeting date is changed, the deadline for agenda items and distribution of agenda materials shall occur within the same time frame as specified in these rules or as determined by the City Manager. The Council may remove an item from the agenda at any time. Commented [BS2]: Ron, we added this sentence to allow us to “strike” items from the agenda up until the time of the meeting. 2.2 The Council agenda for all items except "Written Petitions and Communications" shall close at Noon on Friday immediately preceding each regular Council meeting. Items for "Written Petitions and Communications" received after that time, unless of obvious urgency, shall be held over until the following regular meeting.

2.3 At the regular meetings of the Council, the Order of Business shall be as follows:

1. Roll Call Formatted: Font: 10 pt 2. Opening Prayer 3. Pledge of Allegiance 4. Consent Agenda A. Absence of Council Members Excused Formatted: Indent: Left: 1.5", Hanging: 0.25" B. Approval of the Minutes C. Oaths of Office 5. Public Comment from the Audience 5.6. Special Presentations and Recognitions A. By the Mayor and/or Council Members B. By the City Manager 6.7. Special Order of the Day 7.8. Unfinished Business 8.9. Written Petitions and Communications 9. Public Comment from the Audience

CITY OF HOLLAND RULES OF THE CITY COUNCIL Amended November 20, 2019 l City Council Action #

10. Adoption of Ordinances 11. Reports from Special Committees 12. Reports from Boards, City Offices and Commissions 13. Communications from City Manager 14. Appointments and Communications from the Mayor 15. Motions and Resolutions by Council Members 16. Communications from Council Members 17. First Reading of Ordinances (if removed from Consent Agenda) 18. Adjournment

If a member of the public wish to speak regarding any item on the Agenda may Formatted: Font: Not Bold do so during Public Comment from the Audience. Formatted: Font: Not Bold Formatted: Font: Not Bold

Chapter III Commented [BS3]: Keith would like to keep Details Onon Order of Business practice that allows public comment on any item at Public Comment from the Audience 3.1 Roll shall be called at all regular and special meetings of the Council, to Formatted: Font: Not Bold determine if a quorum is present. The Clerk shall announce whether a quorum is Formatted: Left, Indent: Left: 0.5" present.

3.2 The Opening Prayer shall be offered by a member of the Council or one of the City Officers, as requested by the Mayor. The Mayor or a Council Member shall also have the privilege of calling upon a clergyman who might be in the audience or who is present upon invitation.

3.3 The pledge shall be given by each member of the Council, by facing the flag and placing the hand over the heart. The Mayor shall also have the privilege of inviting an individual or group to lead the pledge.

3.4 The "Consent Agenda" shall include those items on the regular agenda which are considered routine and non-controversial by the City Manager and the City Clerk and shall be italicized. The consent agenda items shall be placed on the consent portion of the Agenda. At the time consent agenda items are considered, the Clerk shall give a summary of the items, after which items may be removed upon the request of members of the audience or the request of Council Members. The items on the Consent Agenda are to be adopted in one motion without discussion Commented [BS4]: “Don’t put in anything yet on and with a roll call vote. The items so approved will appear in the minutes in the if Clerk reads it or not . . . Council has not decided.” . . .Keith regular sequence in addition to being listed by Council Action Number in the minutes under "Consent Agenda."

3.4.1. Absences for sufficient reasons shall be excused upon motion, and absences and reasons therefor shall be recorded in the minutes.

3.4.2. Approval of minutes shall be upon motion. The Clerk previously shall have sent to each Council Member a copy of the minutes and the reading of such minutes

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shall not be required, unless the reading of certain articles thereof shall be requested by the Mayor or any Council Member.

3.4.3. Under “Oaths of Office,” Council may accept any signed Oaths which have been taken by persons appointed to committees, commissions, or positions.

3.5 Special Presentations and Recognitions presented by Council Members and the City Manager must be pre-approved by the Mayor. Commented [BS5]: Needs proposed language to add defining they do not take positions on issues not under their control. This actually 3.6 Under "Special Order of the Day," matters which have been deferred by the many need to move to “Resolution” section. Council during previous sessions and set at that time for consideration at this Keep otherwise as is? particular meeting are to be brought to the Council for consideration. Hearings set for a particular meeting are to be conducted under this title.

3.7 “Unfinished Business" represents any business that has been tabled indefinitely and which is to be brought before Council for consideration. To consider such matters, motion is to be passed to take the matter from the table. Matters referred to the "Special Order of the Day" and not treated at the previous meeting or meetings are considered “Unfinished Business.”

3.8 Under "Written Petitions and Communications,” any petitions or communications made to the Council as a whole from citizens or organizations are to be presented and entered into the record, including any applications for licenses or permits. Communications from anonymous persons are not to be presented or entered into the record.

3.9 "Public Comment from the Audience" shall include such communications either verbal or written, as anyone in the audience may wish to present and which have not been included under item 8 of the Order of Business.

3.10 Adoption of Ordinances. Any ordinance which has been processed as outlined in Section 3.17 of these rules, shall be considered under “Adoption of Ordinances.” Prior to any motion being offered, the ordinance shall be summarized by a member of the staff and the opportunity given to members of the audience to comment on the ordinance. After summarization and comments from the audience, the Mayor or another presiding officer shall ask for comments and/or amendments from Council Members. All amendments to an ordinance shall be by formal motion. The adoption of any ordinance shall be by resolution. The effective date of any ordinance shall be as prescribed in Section 5.5 of the City Charter.

3.11 Under "Reports of Special Committees," each special committee previously appointed shall be called upon for report on matters assigned to it.

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3.12 “Reports from Boards and City Officers" shall include any reports, recommendations or communications of any nature from such Boards and Officers, the Planning Commission and Panels established by Ordinance.

3.13 Under “Communications from the City Manager,” any communication reported by the City Manager for which no action is required by the City Council, shall be recorded as information.

3.14 Under "Appointments and Communications from the Mayor," any messages, recommendations, appointments or suggestions, which the Mayor deems appropriate from time to time shall be presented.

------3.15 "Motions and Resolutions by Council Members"------shall be presented under the title designated------in the Order of Business, said motions------and resolutions to represent a new------business. Whenever possible, such motions------and resolutions shall be in written------form and shall be filed with the Clerk. 3.15 ------3.16 Under "Motions and Communications from Council Members," any member of Council shall have the opportunity to present motions, informal suggestions or recommendations for discussion by the Council. Any motions resulting from such discussions are to be presented under "Motions and Resolutions by Council Members." 3.16 ------3.17 "First Reading of Ordinances" shall be by title only, but it is required that when an ordinance is presented for first reading, the ordinance shall be filed with the Clerk in writing, in its entirety and the Clerk shall mail or electronically transmit copies of such ordinance to all members of the Council forthwith, but no later than ten days after presentation. Copies of the ordinance may be presented to each member of the Council at the meeting at which it is first presented. Any ordinance that is accepted for First Reading will automatically be scheduled for the next regular meeting under Adoption of Ordinances, except in cases where a public hearing is required or desired by the Council, in which case that ordinance is to be considered at the next regular meeting first of all under Special Order of the Day for the public hearing. After the public hearing, the ordinance is to be referred to Adoption of Ordinances by appropriate motions. In addition, an ordinance may be adopted at the same meeting it is introduced as an emergency ordinance in accordance with Section 5.4 of the City Charter.

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Chapter IV Motions

4.1 A motion shall be reduced to writing if requested by the Mayor, a Council Member, or the Clerk. When a motion is made in writing and seconded, it shall be stated by the Mayor and handed to the Clerk for recording, before being debated. Commented [BS6]: Not sure wording has to change, but we will institute Action Request Form. Sinka is coordinating with everyone 4.2 After a motion has been stated by the Mayor, or read by the Clerk, it shall be including Janet from HBPW & City Attorney’s deemed to be in possession of the Council, but may be withdrawn by the maker Office. at any time before a decision or amendment is made.

4.3 When a question is under discussion, no motion shall be received except one of the following, which shall have precedence in the following order:

1. To adjourn 2. To lay on the table 3. For the previous question 4. To postpone to a certain day 5. To refer to a committee 6. To amend the motion 7. To postpone indefinitely

No motion to postpone to a certain day, to refer to a committee, or to postpone Formatted: Indent: Left: 0.5" indefinitely, having been decided, shall be made again on the same question at the same meeting.

4.4 A motion to lay on the table shall be decided without debate. 7

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4.5 A motion to adjourn shall always be in order, except upon immediate repetition, or in interruption of a member speaking, or when the previous question has been ordered, or a vote is being taken. A motion to adjourn is not debatable, except as to time.

4.6 The Previous Question, having been moved and seconded, shall be in this form: "Shall the main question be now put?.". It shall only be ordered when demanded by a majority of the Council Member present, and if carried, shall close all debate, and the main question shall be put immediately. If the Nays prevail, the main question shall not then be put, and the consideration of the subject shall be resumed, as though no motion for the previous question had been made.

4.7 On demand of any Council Member, before the question is put, the Question shall be divided if it comprehends propositions in substance so distinct, that, one being taken away, a substantive proposition shall remain for the decision of the Council.

4.8 When any motion has been carried or lost, it shall be in order for any member of the majority to move for a reconsideration thereof, on the same, the adjourned, any special meeting called for this purpose, or the next regular meeting of the Council, and such motion shall take precedence of all other questions except a motion to adjourn. A motion to move for reconsideration may be seconded by any member of the Council.

4.9 No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. A substitute motion ranks as an amendment to the main motion. It proposes to strike out the entire original motion and to insert in its place a more satisfactory motion.

4.10 Roll shall be called on the expenditures in the amount of $10,000 or more approval of purchases and on all contracts and agreements. Commented [BS7]: Needs Tim Vagle’s blessings

4.11 Roll shall be called on any action of the Council if requested by the Mayor or any Council Member.

4.12 Roll shall be called on any action of any ordinances.

4.13 The rules of parliamentary practice comprised in "Robert’s s Rules of Order Newly – Revised" shall govern the Council in all cases not covered by these Rules of the Council. Commented [BS8]: Ron: Is there a current version of Robert’s Rules we should reference?

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Chapter V Committees of Council

5.1 The Council may, from time to time, establish by ordinance or resolution one or more Committee of Council to carry out its work. Such Committees of Council may be established on a permanent or ad hoc basis. The first named member of any Committee of Council shall be the Chairperson of that committee. Committees of Council may operate in addition to, in conjunction with, or in place of any citizen Board or Commission authorized by statute, the Charter, ordinance, or resolution, subject to any restrictions imposed by statute, the Charter, ordinance, or resolution.

5.2 No Committee of Council, citizen Board or Commission, another committee, or task force established by the Council, Charter, or state or other law shall convene during the sessions of the Council without special permission from the Council.

5.3 All reports of Committees of Council, citizen Boards or Commissions, other committees or task forces shall be presented in writing so far as possible, and a summary of the same shall be included in the Minutes. When specific action is recommended, the report shall be accompanied by the necessary ordinance or resolution in proper form.

5.4 Any recommendation of a City Officer, citizen Board or Commission, or Committee of Council, other committees or task forces may be adopted by motion, which motion shall have the effect of incorporation of such recommendation by reference without such recommendation being recited in full in such motion. Such recommendation may, however, be subject to a motion to 9

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refer, to lay on the table, to indefinitely postpone, or to make a special order to some future date.

5.5 When a report is made by any Special Committee, or the Committee of the Whole, and presented to the Council, it becomes a matter for consideration without any motion to accept the same.

5.6 When the Council refers any matter to any Committee of Council, citizen Board or Commission, other committee or task force the chairperson of said committee shall confer with the other members of that committee forthwith and report to the Council regarding the matter referred to that committee as soon as practicable.

5.7 All Committees of Council and citizen Boards or Commissions shall comply with the provisions of Act 267, Michigan Public Acts of 1976, as may be amended.

Chapter VI Rights and Duties of Council Member

6.1 When any Council Member is about to speak, he/she shall address the Mayor, confine comments to the question under discussion, and avoid personalities.

6.2 If any Council Member, in speaking or otherwise, transgresses against the Rules of the Council, the Mayor or any member may call him/her to order, in which case the Council Member so-called to order shall immediately refrain from continuing except to proceed in order. An appeal may be made to the Council on the ruling and the ruling shall stand unless nullified by a majority vote of the Council Members present.

6.3 When two or more Council Members request at the same time to speak on a question, the Mayor shall name the Council Member who is first to speak. The other shall be given the opportunity to speak next.

6.4 While a member is speaking, other members shall not hold private discussions or in any other manner interrupt the speaker.

6.5 No Council Member shall leave any meeting without first having obtained permission from the Mayor to do so.

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6.6 Unless specifically otherwise provided in the Charter, the Mayor, and each Council Member shall vote on each question before the Council for a determination unless recused by a 2/3 vote of the Council Members present.

Chapter VII Rights of Participating Audience

7.1 When any member of the audience has a matter to bring before the Council, he/she shall address the Mayor, giving their name and residential address and present the matter either verbally or in writing. If the matter presented is presented in writing, the petition or communication shall be filed with the Clerk for the records of the Council.

7.2 No member of the audience shall speak more than once on any agenda item unless every other member of the audience or Council has had the opportunity to speak on such item, and in no case shall a member of the audience speak more than twice to the same agenda item without the consent of the Council. The total time for speaking by any member of the audience shall be limited to five minutes per agenda item. For purposes of this section, “Public Comment from the Audience” as described in section 3.11 of these Rules of Council is not an agenda item. Members of the audience wishing to address the Council in “Public Comment from the Audience” in section 3.9 shall have one opportunity to speak for up to five minutes unless the Council permits otherwise by a suspension of the rules in Chapter IX.

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7.3 When two or more members of the audience rise at the same time, the Mayor shall name the one to speak first. The other shall be given the opportunity to speak next.

7.4 If any member of the audience speaks or conducts themselves in an unbecoming manner, the Mayor shall have the right to call the person to order and the person shall immediately thereupon be seated and shall not speak further unless they conduct themselves in an orderly manner.

7.5 Members of the audience shall address all remarks to the Mayor and Council and shall not hold conversations or discussions with other members of the audience.

7.6 In addition to addressing the Council during public hearings and under "Public Comment from the Audience,” members of the audience may address the Council for up to five minutes on items on the agenda under "Reports from Boards, City Offices and Commissions,” after a motion is pending on a particular item, by approaching the designated microphone and waiting to be recognized by the Mayor.

Chapter VIII Sergeant-at-Arms

8.1 The Sergeant-at-Arms (being the Public Safety Chief or designee) shall attend any meeting of the Council upon the request of the presiding officer of the Council or any Council Member.

8.2 It shall be the duty of the Sergeant-at-Arms to enforce any written order of the Council or the presiding officer.

Chapter IX Suspension and Amendment of Rules

9.1 The Council may suspend any specific rule of the Council upon a 2/3 vote of the members present. After having given notice at a previous regular meeting, these rules may be amended at any regular meeting by a 2/3 vote of the members elect. 12

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City Council Formatted: Centered Rules of Council

Approved by a Vote of the City Council

January 6, 2016, Council Action #16.8 April 18, 2012, Council Action #12.196 November 16, 2011, Council Action #11.644

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Chapter I Sessions of the Council

1.1 The Council shall hold its regular sessions on the first and third Wednesdays of each month at 6:30 P.M. in the Council Chambers in City Hall, unless the time set shall be a holiday, then such meeting shall be canceled, held at the same time and place on the next day which is not a holiday or on another day as determined by the Council. Council shall normally hold at least 2 regular meetings each month.

1.2 A special meeting may be called in conformity with Section 4.7(b) of the City Charter.

1.4 In addition to regular and special meetings, the Council may hold study sessions on the second, fourth and fifth Wednesdays of each month or before or after a regular Council meeting for the purpose of deliberating towards a decision on any matter or to adopt a motion as provided in subsection C of this section. All other decisions as a result of deliberations during study sessions shall be made only at a subsequent regular or special meeting. The study sessions shall be open to the public and shall comply with the posting requirements of Act 267, Michigan Public Acts for 1976, as may be amended. For the purpose of posting only, the study sessions provided for herein shall be considered as special meetings. Nothing herein shall preclude the Council from holding a special meeting at the time of or during a study session, provided that all provisions of the charter and state law with respect thereto are complied with. The Rules of the Council shall not apply to study sessions except for the rules contained in this section and except for the following, it being the intent hereof to give the Council complete freedom for discussion.

A. The presiding officer shall be as provided in Section 1.3 of these rules. B. With the consent of the Mayor and a majority of Council Members, persons shall be permitted to address the Council for no more than three minutes during study sessions in accordance with Chapter VII of these rules. C. The Council may adopt a motion to refer any matter brought before it under subsection B above and may adopt a motion to adjourn at any time. D. Minutes of study sessions shall be kept in accordance with the provisions of state law and City Charter and are to be submitted for approval at a

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subsequent regular meeting under the same procedure outlined in Section 3.3 of these rules.

1.5 In addition to regular and special meetings and study sessions, the Council may hold a pre-council agenda study session at 5:30 P.M. on the same day that a regular meeting is held, said session to be in City Hall for reviewing the items on the agenda and to discuss any matter brought before it, however any decisions as a result of such review or discussion shall be made only at the ensuing regular meeting or at a subsequent regular or special meeting. Pre-council agenda study sessions shall be open to the public. The Rules of the Council shall not apply to pre-council agenda study sessions except for the rules contained in this section and with the same exceptions as listed in Section 1.4 of these rules, provided; however, that any motions or decisions are to be deferred as outlined above in this section.

1.7 The City Clerk or designee is hereby designated as the person responsible for posting public notice of all Council meetings in City Hall and beyond as required by law.

1.8 All decisions of Council shall be made at a meeting open to the public. Council shall establish the following procedures to accommodate the absence of any member of the public body due to military duty:

A. The City will provide a telephone call-in number and have speakerphone equipment available that will allow the Council Member to speak and be heard by others and that allows the Council Member to hear others who speak at the meeting. B. It will be noted on the agenda and members of the public will be able to communicate with Council Member through the member’s City e-mail address.

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Chapter II Agenda and Order of Business

2.1 The City Manager and the City Clerk shall be responsible for the preparation of the agenda and the distribution of the same to the Mayor and Council Members before each regularly scheduled meeting. Copies of all reports listed under "Reports of Special Committees" and "Reports from Boards and City Officers" shall be included with the agenda to the Mayor and Council Members. The agenda and attachments shall be distributed by electronic transmission. The electronic transmission is to take place on the day after the deadline for submitting agenda items. In the event a regular meeting date is changed, the deadline for agenda items and distribution of agenda materials shall occur within the same time frame as specified in these rules or as determined by the City Manager. The City Manager may strike an item from the agenda after the distribution of the agenda, subject to Council approval of the agenda at the meeting.

2.2 The Council agenda for all items except "Written Petitions and Communications" shall close at Noon on Friday immediately preceding each regular Council meeting. Items for "Written Petitions and Communications" received after that time, unless of obvious urgency, shall be held over until the following regular meeting.

2.3 At the regular meetings of the Council, the Order of Business shall be as follows:

1. Roll Call 2. Opening Prayer 3. Pledge of Allegiance 4. Consent Agenda A. Absence of Council Members Excused B. Approval of the Minutes C. Oaths of Office D. Requests to Remove items from Consent 5. Public Comment 6. Special Presentations and Recognitions A. By the Mayor and/or Council Members B. By the City Manager 7. Special Order of the Day (Public Hearings) 8. Unfinished Business 9. Written Petitions and Communications 10. Adoption of Ordinances 11. Reports from Special Committees 12. Reports from Boards, City Offices and Commissions 13. Communications from City Manager 14. Appointments and Communications from the Mayor 15. Appointments, Motions and Communications from Council Members 16. First Reading of Ordinances 17. Adjournment

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Chapter III Details on Order of Business

3.1 “Roll call” shall be called at all regular and special meetings of the Council, to determine if a quorum is present. The Clerk shall announce whether a quorum is present.

3.2 The “Opening Prayer” shall be offered by a member of the Council or one of the City Officers, as requested by the Mayor. The Mayor or a Council Member shall also have the privilege of calling upon a member of the clergy who might be in the audience or who is present upon invitation.

3.3 The “Pledge of Allegiance” shall be given by each member of the Council, by facing the flag and placing the hand over the heart. The Mayor shall also have the privilege of inviting an individual or group to lead the pledge.

3.4 The "Consent Agenda" shall include those items on the regular agenda which are considered routine and non-controversial by the City Manager and the City Clerk. The consent agenda items shall be placed on the consent portion of the Agenda. At the time consent agenda items are considered, the Clerk shall give a summary of the items, after which items may be removed upon the request of members of the audience or the request of Council Members. The items on the Consent Agenda are to be adopted in one motion without discussion and with a roll call vote. The items so approved will appear in the minutes in the regular sequence in addition to being listed by Council Action Number in the minutes under "Consent Agenda."

3.4.1. Absences for sufficient reasons shall be excused upon motion, and absences and reasons therefor shall be recorded in the minutes.

3.4.2. Approval of minutes shall be upon motion. The Clerk previously shall have sent to each Council Member a copy of the minutes and the reading of such minutes shall not be required, unless the reading of certain articles thereof shall be requested by the Mayor or any Council Member.

3.4.3. Under “Oaths of Office,” Council may accept any signed Oaths which have been taken by persons appointed to committees, commissions, or positions.

3.5 "Public Comment" shall include such communications either verbal or written, as anyone in the audience may wish to present and which have not been included under item 7 of the Order of Business.

3.6 Special Presentations and Recognitions presented by Council Members and the City Manager must be pre-approved by the Mayor.

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3.7 Under "Specia l Order of the Day," matters which have been deferred by the Council during previous sessions and set at that time for consideration at this particular meeting are to be brought to the Council for consideration. Hearings set for a particular meeting are to be conducted under this title.

3.8 “Unfinished Business" represents any business that has been tabled indefinitely and which is to be brought before Council for consideration. To consider such matters, motion is to be passed to take the matter from the table. Matters referred to the "Special Order of the Day" and not treated at the previous meeting or meetings are considered “Unfinished Business.”

3.9 Under "Written Petitions and Communications,” any petitions or communications made to the Council as a whole from citizens or organizations are to be presented and entered into the record, including any applications for licenses or permits. Communications from anonymous persons are not to be presented or entered into the record. Council will not take positions on matters or requests that do not pertain to or are not within the operational jurisdiction of the City.

3.11 Under "Reports of Special Committees," each special committee previously appointed shall be called upon for report on matters assigned to it.

3.13 Under “Communications from the City Manager,” any communication reported by the City Manager for which no action is required by the City Council, shall be recorded as information.

3.14 Under "Appointments and Communications from the Mayor," any messages, recommendations, appointments or suggestions, which the Mayor deems appropriate from time to time shall be presented.

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3.15 Under "Appointments, Motions and Communications from Council Members," any member of Council shall have the opportunity to present motions, informal suggestions or recommendations for discussion by the Council.

3.16 "First Reading of Ordinances" shall be by title only, but it is required that when an ordinance is presented for first reading, the ordinance shall be filed with the Clerk in writing, in its entirety but no later than ten days after presentation. Copies of the ordinance may be presented to each member of the Council at the meeting at which it is first presented. Any ordinance that is accepted for First Reading will automatically be scheduled for the next regular meeting under Adoption of Ordinances, except in cases where a public hearing is required or desired by the Council, in which case that ordinance is to be considered at the next regular meeting first of all under Special Order of the Day for the public hearing. After the public hearing, the ordinance is to be referred to Adoption of Ordinances by appropriate motions. In addition, an ordinance may be adopted at the same meeting it is introduced as an emergency ordinance in accordance with Section 5.4 of the City Charter.

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Chapter IV Motions

4.2 After a motion has been stated by the Mayor, or read by the Clerk, it shall be deemed to be in possession of the Council, but may be withdrawn by the maker at any time before a decision or amendment is made.

4.3 When a question is under discussion, no motion shall be received except one of the following, which shall have precedence in the following order:

1. To adjourn 2. To lay on the table 3. For the previous question 4. To postpone to a certain day 5. To refer to a committee 6. To amend the motion 7. To postpone indefinitely

No motion to postpone to a certain day, to refer to a committee, or to postpone indefinitely, having been decided, shall be made again on the same question at the same meeting.

4.4 A motion to lay on the table shall be decided without debate.

4.6 The Previous Question, having been moved and seconded, shall be in this form: "Shall the main question be now put?” It shall only be ordered when demanded by a majority of the Council Member present, and if carried, shall close all debate, and the main question shall be put immediately. If the Nays prevail, the main question shall not then be put, and the consideration of the subject shall be resumed, as though no motion for the previous question had been made.

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4.10 Roll shall be called on the approval of purchases and on all contracts and agreements.

4.11 Roll shall be called on any action of the Council if requested by the Mayor or any Council Member.

4.12 Roll shall be called on any action of any ordinances.

4.13 The rules of parliamentary practice comprised in "Robert’s Rules of Order Newly Revised" shall govern the Council in all cases not covered by these Rules of the Council.

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Chapter V Committees of Council

5.5 When a report is made by any Special Committee, or the Committee of the Whole, and presented to the Council, it becomes a matter for consideration without any motion to accept the same.

5.7 All Committees of Council and citizen Boards or Commissions established by ordinance or resolution shall comply with the provisions of Act 267, Michigan Public Acts of 1976, as may be amended.

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Chapter VI Rights and Duties of Council Member

6.1 When any Council Member is about to speak, he/she shall address the Mayor, confine comments to the question under discussion, and avoid personalities.

6.4 While a member is speaking, other members shall not hold private discussions or in any other manner interrupt the speaker.

6.5 No Council Member shall leave any meeting without first having obtained permission from the Mayor to do so.

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Chapter VII Rights of Participating Audience

7.3 When two or more members of the audience rise at the same time, the Mayor shall name the one to speak first. The other shall be given the opportunity to speak next.

7.5 Members of the audience shall address all remarks to the Mayor and Council and shall not hold conversations or discussions with other members of the audience.

7.6 In addition to addressing the Council during public hearings and under "Public Comment from the Audience,” members of the audience may address the Council for up to five minutes on items on the agenda after a motion is pending on a particular item, by approaching the designated microphone and waiting to be recognized by the Mayor.

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Chapter VIII Sergeant-at-Arms

8.1 The Sergeant-at-Arms (being the Public Safety Chief or designee) shall attend any meeting of the Council upon the request of the presiding officer of the Council or any Council Member.

8.2 It shall be the duty of the Sergeant-at-Arms to enforce any written order of the Council or the presiding officer.

Chapter IX Suspension and Amendment of Rules

City Council Rules of Council

Approved by a Vote of the City Council

January 6, 2016, Council Action #16.8 April 18, 2012, Council Action #12.196 November 16, 2011, Council Action #11.644

CITY OF HOLLAND FISCAL YEAR: JULY 1, 2018 thru JUNE 30, 2019 LISTING OF APPROVED FINANCIAL INSTITUTION ACCOUNTS

Fifth Third Bank General City Main Depository Account Returned Items Account Employee Flexible Spending Account EBT Bridge Card Account Accounts Payable Checking Account Payroll Checking Account

Other Various Accounts - General City Chemical Bank Money Market Investment Account

Consumers Credit Union Member Savings Account & Municipal Money Market Account

Michigan CLASS Money (Pooled Investment) Account

United Federal Credit Union Member Savings Account & Public Fund Money Market Account

West Michigan Community Money Market Investment Account

Huntington National Bank

Board of Public Works Main Depository Account Operating Account Payroll Checking Account Landfill Perpetual Care Trust Account - w/DEQ (Grand Rapids) Water P&I Redemption Account Electric 2014A Redemption Account Wastewater 2015A Redemption Account Custody Account

Macatawa Bank

Board of Public Works (2) Depository Accounts Water Debt Reserve Electric 2014A Debt Reserve CITY OF HOLLAND FISCAL YEAR: JULY 1, 2018 thru JUNE 30, 2019 FINANCIAL INSTITUTIONS APPROVED FOR INVESTMENT ACQUISITIONS

FOR CERTIFICATES OF DEPOSIT

Chemical Bank (City) Mercantile Bank of West Michigan (City) 12368 Riley St 5650 Byron Center Ave SW Holland MI 49424 Wyoming MI 49509

Consumers Credit Union (City) PNC Public Funds (BPW) 1037 S. Washington Ave 171 Monroe Ave NW Holland MI 49423 Grand Rapids MI 49503

First National Bank of Michigan (City) Promontory Interfinancial Network (City-CDARS) 1 W 8th St 1515 N. Courthouse Rd Suite800 Holland MI 49423 Arlington VA 22201

Flagstar Bank (City) United Federal Credit Union (City) 515 Corporate Dr 1075 S. Washington Ave Troy MI 48098 Holland MI 49423

Huntington Nat'l Bank (City and BPW) West Michigan Community Bank (City) 40 Pearl St NW (MI231) 85 East 8th St Grand Rapids MI 49503 Holland MI 49423

Macatawa Bank (City and BPW) 10753 Macatawa Dr Holland MI 49424

FOR SECURITIES OTHER THAN CERTIFICATES OF DEPOSIT

D.A. Davidson (BPW) 1550 East Beltline SE Suite 255 Grand Rapids MI 49506

Morgan Stanley (City) 171 Monroe Ave NW Suite 800 Grand Rapids MI 49503

UBS Financial Services, Inc. (City & BPW) 333 Bridge St NW Suite 1100 Grand Rapids MI 49504

Lyon Capital Advisors (City) 7117 Davies Drive NE Rockford MI 49341 CITY OF HOLLAND FISCAL YEAR: JULY 1, 2018 thru JUNE 30, 2019 DEBT SERVICE - ESCROW AND PAYMENT ACCOUNTS

FOR GENERAL OBLIGATION BONDS

Issue Description Designated Escrow/Paying Agent Ottawa County, Michigan County of Ottawa Ottawa County Sewage Disposal Bonds Issue Date: 04/15/15

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Huntington National Bank Allegan & Ottawa Counties, Michigan Corporate Trust Dept -EA4E63 Series 2015 (for unfunded Pension Liability) 7 Easton Oval (City share 43.64%, HBPW share 56.36%) Columbus OH 43219 Issue Date: 11/17/15

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan US Bank Allegan & Ottawa Counties, Michigan CM-9705 Series 2016 Refunding P.O. Box 70870 Issue Date: 08/18/16 St Paul MN 55170

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan The Huntington National Bank Allegan & Ottawa Counties, Michigan Corporate Trust Dept - EA4E64 Series 2016A Civic Center 7 Easton Oval Issue Date: 12/08/16 Columbus OH 43219

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan The Huntington National Bank Allegan & Ottawa Counties, Michigan Corporate Trust Dept - EA4E64 Series 2016B Civic Center (QECB) 7 Easton Oval Issue Date: 12/08/16 Columbus OH 43219

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Huntington National Bank Allegan & Ottawa Counties, Michigan Corporate Trust Dept -EA4E63 Series 2018 (for unfunded Pension Liability) 7 Easton Oval Issue Date: 01/18/18 Columbus OH 43219 CITY OF HOLLAND FISCAL YEAR: JULY 1, 2018 thru JUNE 30, 2019 DEBT SERVICE - ESCROW AND PAYMENT ACCOUNTS (con't)

FOR ACT 34 CAPITAL IMPROVEMENT BONDS

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Bank of New York Mellon Trust Company N.A. Holland City 2008 Capital Parking Bonds Corporate Trust Department (7th Street Parking Deck Construction) 719 Griswold Street, Suite 930 Detroit MI 48226

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Bank of New York Mellon Trust Company N.A. Holland City 2010 Capital Parking Bonds Corporate Trust Department (Street Construction) 719 Griswold Street, Suite 930 Detroit MI 48226

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Huntington National Bank Holland City 2018 Capital Parking Bonds Corporate Trust Dept -EA4E63 (9th Street Parking Deck Construction) 7 Easton Oval Columbus OH 43219

FOR ACT 99 INSTALLMENT PURCHASE AGREEMENT

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Chemical Bank Energy Improvement P.O. Box 1527 Issue Date: 02/25/16 Midland MI 48641-1527

FOR BUILDING AUTHORITY BONDS

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Building Authority Bank of New York Mellon Allegan & Ottawa Counties, Michigan Corporate Trust B.A. Refund (Partial of 2002 Issue) Bonds P.O. Box 19445A - Series 2010 Neward NJ 07195-0445 Issue Date: 09/09/10 CITY OF HOLLAND FISCAL YEAR: JULY 1, 2018 thru JUNE 30, 2019 DEBT SERVICE - ESCROW AND PAYMENT ACCOUNTS (con't)

FOR REVENUE BONDS

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Bank of New York Mellon Trust Company, N.A. Ottawa & Allegan Counties, Michigan Pooled Finance Unit Water Drinking Supply Revenue Bonds 6525 W Campus Oval, Suite 200 - Series 2011A New Albany OH 43054 Issue Date: 09/23/11 Bond & Interest Reserve Account

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Bank of New York Mellon Trust Company, N.A. Ottawa & Allegan Counties, Michigan Corporate Trust Department Water Supply System Revenue Refunding Bonds 719 Griswold Street, Suite 930 - Series 2012A Detroit MI 48226 Issue Date: 06/01/12 Bond & Interest Reserve Account

Issue Description Designated Escrow/Paying Agent City of Holland, Michigan Huntington Bank Ottawa & Allegan Counties, Michigan 40 Pearl St NW (MI231) Electric Utility System Revenue Bonds Grand Rapids MI 49503 - Series 2014A Issue Date: 04/22/14 Attachment 6F

City of Holland

Administrative Officials

November 20, 2019

The following are considered to be administrative officials in accordance with Section 2- 17 of the Ordinance Code of the City of Holland, as amended, and are eligible for consideration for appointment by the Mayor to the Planning Commission:

General City City Manager Keith Van Beek Assistant City Manager Matt VanDyken City Clerk Kathy Grimm Community & Neighborhood Services Director Mark Vanderploeg Finance Director / Treasurer Tim Vagle Public Safety Director Matt Messer Parks and Recreation Director Andy Kenyon Transportation Services Director Brian White Human Resources Director Jennifer Orme Human Relations Coordinator Esther Fifelski Board of Public Works

General Manager Dave Koster Utility Services Director John Van Uffelen Operations Director Joel Davenport Business Services Director Ted Siler Finance Director Chuck Warren Technology Services Becky Lehman OFFICE OF THE GENERAL MANAGER BOARD OF PUBLIC WORKS HOLLAND, MICHIGAN

To: Mayor Bocks and City Council Date: 2019-11-20 Subject: 12.A.1. - Sewer Use Ordinance Update

Operations Department

Introduction:

Updates to the City of Holland’s Sewer Use Ordinance are required to implement necessary changes to Industrial Pretreatment Program (IPP) requirements.

Recommendation:

Approve the modifications to the Sewer Use Ordinance and forward to City Council for public notice, then later adoption of these changes and updates.

Description:

As a part of the Water Reclamation Facility’s National Pollution Discharge Elimination System (NPDES) permit, HBPW is required to perform a local limits study approximately every five to seven years. A local limits study determines the maximum concentrations of pollutants that can be discharged to Holland’s sanitary sewer system. Updates to these local limits must then be approved by the Michigan Department of Environment, Great Lakes and Energy (EGLE), and formally adopted as part of the Sewer Use Ordinance by the communities served by the facility.

In addition to the updated local limits, the Sewer Use Ordinance updates include language corrections to address issues raised by EGLE staff, new prohibitions of pollutants not specifically addressed by the current ordinance (hydrogen sulfide and pharmaceuticals), and necessary language to provide HBPW with legal authority to assure that dentists are complying with recent regulatory changes for dental amalgam waste. In particular, the changes to the ordinance can be described as follows:

1. Definitions have been updated.

Page 1 of 2 2. General discharge prohibitions have been updated: a. Reference to DEQ approval for clean water discharge to sanitary sewer removed. EGLE (formerly DEQ) does not approve or permit discharges to sanitary sewer. b. Addition of detail on prohibition of hydrogen sulfide containing waste. This detail provides clarity on acceptable levels of hydrogen sulfide. c. Addition of unused pharmaceuticals as a prohibited discharge. 3. Legal authority: The current ordinance incorrectly states that the HBPW has the authority to determine that industrial users subject to categorical pretreatment standards are not Significant Industrial Users (SIU). That language has been corrected. 4. The most recent pollutant local limits are incorporated into the ordinance. 5. Addition of detail on how dental amalgam removal compliance from wastewater by dentist offices is handled. This detail provides clarity on the records required to be kept by dentist offices handling amalgam removal from wastewater and reporting requirements to the HBPW.

EGLE has reviewed the updated Sewer Use Ordinance and finds that it meets their requirements. Additionally, the ordinance changes have been reviewed and approved by the attorneys representing each affected community. Holland Charter Township, Park Township, Laketown Township, and Fillmore Township are all in the process of updating their Sewer Use Ordinances to be consistent with the City. The updates to all ordinances are expected to be complete by the end of calendar year 2019.

Respectfully submitted,

David G. Koster General Manager

Strategic Directive: 3. HBPW will maintain compliance with and monitor regulatory issues affecting the utility, and where possible, directly participate in relevant legislative dialogue.

Attachments: 2019-11-11 City of Holland Sewer Use Ordinance Draft 2019-11-11 Holland SUO and Procedures PreApp Letter 2019-11-11 COH Sewer Use Ordinance REDLINE 20190923

Report prepared by: Theo VanAken, WRF Superintendent

Page 2 of 2 Draft Date: 09-21-2019 ORDINANCE NO. _____

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HOLLAND, MICHIGAN, BEING ORDINANCE NO. OF THE CITY OF HOLLAND, BY ADDING AMENDMENTS TO CHAPTER 29 OF SAID CODE.

The City of Holland ordains that Section 29-2, 29-3, 29-13, 29-49, and 29-50 of the Ordinance Code of the City of Holland, Michigan, shall be amended to read as follows:

CHAPTER 29 – SEWER USAGE AND ADMINISTRATION

Article I. In General.

Sec. 29-2. Abbreviations.

The following abbreviations shall have the designated meanings:

ASTM - American Society for Testing and Materials. BOD - Biochemical Oxygen Demand. CFR - Code of Federal Regulations. COD - Chemical Oxygen Demand. U.S. EPA - United States Environmental Protection Agency. l - Liter. mg - Milligrams. mg/l - Milligrams per liter. NIOSH - National Institute for Occupational Safety and Health NPDES - National Pollutant Discharge Elimination System. POTW - Publicly Owned Treatment Works. SIC - Standard Industrial Classification. SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq. TSS - Total Suspended Solids. USC - United States Code. WEF - Water Environment Federation.

Sec. 29-3. Definitions.

For the purpose of their use in this chapter, the following terms and phrases are hereinafter defined. Any word or phrase not defined herein shall be considered to be defined in accordance with its common or standard definition.

40 CFR 403 means the general pretreatment regulations outlined at 40 Code of Federal Regulations Part 403.

Act or the Act means the Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. 1251, et. seq.

Act 368 means the Michigan Public Health Code. (Act 368 of 1978) MCL 333.1101 to 333.25211. Administrative committee means the committee established pursuant to the "Contract."

Authorized representative of industrial user:

(a) In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;

(b) In the case of a partnership or proprietorship, a general partner or proprietor; and

(c) An authorized representative of the individual designated above if (1) such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates; (2) the authorization is in writing and (3) the written authorization is submitted to the Control Authority.

Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 29-49 of this chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BOD (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in 5 days at 20 degrees centigrade (without addition of nitrification inhibitors).

BTEX means the sum of the concentration of benzene, toluene, ethylbenzene and xylene.

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

Building sewer means the extension of the building drain which begins five (5) feet outside the inner face of the building wall and continues to the sanitary sewer or other place of disposal.

Bypass means the intentional diversion of waste streams from any portion of an industrial user's treatment facility as outlined in 40 CFR 403.17.

Cesspool means an underground pit into which household sewage or other untreated liquid waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.

City means the City of Holland, acting by and through its Holland Board of Public Works unless the context of the term refers to the City of Holland as a separate entity.

COD (denoting Chemical Oxygen Demand) means the amount of oxygen required to chemically oxidize organic and inorganic constituents of wastewater as measured under standard laboratory procedures.

COD/BOD Ratio means the ratio of COD to BOD in the Plant influent calculated using the average COD and BOD data as found on the state plant influent sheet.

Combined waste stream means the waste stream at industrial facilities where effluent from one (1) regulated process is mixed, prior to treatment, with wastewaters other than those generated by that regulated process. Where required by federal or state law, the combined waste stream formula provided in 40 CFR 403 will apply to limits applicable to a combined waste stream.

Composite sample means a series of representative samples taken over a specific time period which are then combined into one (1) sample for testing purposes.

Contract means the 2017 Restated Holland Area Wastewater Treatment Facilities Operation Contract with an effective date of July 1, 2017, or any subsequent amendment made thereto.

Control Authority means the City of Holland, acting through its Holland Board of Public Works or its authorized representatives.

Daily maximum concentration means the maximum concentration of a pollutant in any individual sample during that day.

Daily minimum concentration means the minimum concentration of a pollutant in any individual sample during that day.

Debt retirement charge means the charge levied to users for retirement of bonded indebtedness for the POTW.

Dental amalgam means a mixture of mercury and other metals used as a dental restorative material.

Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

Domestic user means all users of the POTW where the discharge into the system is primarily domestic waste.

Domestic waste means a water-carried waste from, but not limited to, toilet, kitchen, laundry, bathing, or other facilities used for household purposes.

EGLE means the Michigan Department of Environment, Great Lakes and Energy or any successor governmental agency having similar regulatory jurisdiction.

Enforcing Officer means the General Manager of the Holland Board of Public Works, or an authorized deputy, agent, or representative, unless stated differently in this Section.

Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

HBPW means the Holland Board of Public Works of the City of Holland, its authorized deputy, agent, or representative.

Industrial user (IU) means any person who introduces pollutants into a POTW from any nondomestic source regulated under the Act, state law, or local ordinance.

Industrial process means those processes which generate the types of wastes as enumerated in Sec. 29-49.

Industrial waste means the liquid or liquid borne waste from industrial or manufacturing processes, trade or business as distinct from domestic waste.

Instantaneous Limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interceptor device means a device, including but not limited to, grease traps, sand traps, oil separators, etc., designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit normal sewage or waste water to discharge into the disposal terminal by gravity. In case of acid or caustic wastes, an interceptor is a device in which the wastes are neutralized prior to their discharge into the solid or waste system of the premises, the building drain, the building sewer, private sewer, or public sewer.

Interference means any discharge which alone or in conjunction with a discharge or discharges from other sources, both:

(a) Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and

(b) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal.

Michigan Administrative Code means the compilation of all adopted rules and regulations that are in effect in the State of Michigan.

Minor Industrial User (MIU) means a non-domestic user designated as such by the Control Authority, which the Control Authority has determined does not meet the definition of a Significant Industrial User. The Control Authority may issue a Minor Industrial User a Wastewater Discharge Permit and require the user to conduct periodic monitoring and reporting, as deemed appropriate.

Monthly average concentration means the sum of the concentrations of the subject pollutant in all of the individual samples divided by the number of samples analyzed for that pollutant during a calendar month. If the pollutant concentration in any sample is less than the limit of detection, regard that value as zero (0) when calculating monthly average concentration.

National Categorical Pretreatment Standard or Categorical Pretreatment Standard means any regulation containing Pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317), which applies to a specific category of industrial users.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

New source means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(a) The building, structure, facility or installation is constructed at a site at which no other source is located; or

(b) The building, structure, facility or installation totally replaces the process or production equipment that caused the discharge of pollutants at an existing source; or

(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing facility, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered; or

(d) As defined in 40 CFR 403.3(k)(2) and (k)(3).

Nondomestic user means any user, including significant industrial users, of the POTW that discharges wastes other than or in addition to water-carried domestic wastes.

Nondomestic waste means all water carried wastes other than domestic wastes.

NPDES or state discharge permit means a permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342).

Nuisance means any condition or circumstance defined as a nuisance pursuant to Michigan Statute, at common law or in equity jurisprudence which includes, but is not limited to, any condition where sewage, industrial waste, or the effluent from any sewage disposal facility or toilet device is exposed to the surface of the ground or is permitted to drain on or to the surface of the ground into any ditch, storm sewer, lake or streams, or when the odor, appearance, or presence of this material has an obnoxious or detrimental effect on or to the senses or health of persons, or when it shall obstruct the comfortable use or sale of adjacent property, except as otherwise permitted.

Operation maintenance and replacement means all work and activities including, but not limited to, engineering, contract preparation, purchasing, repair, supervision, recruitment, training, expediting, inspection, accounting, testing, protection, operating management, and maintenance necessary to provide adequate wastewater treatment and/or collection and/or disposal of treatment residues on a continuing basis to conform with all applicable federal, state, and local wastewater management requirements and to assure optimum long-term management of the complete wastewater treatment system.

Pass-through means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

Person means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.

Plant means the Holland Area Water Reclamation Facility, as improved and enlarged pursuant to the contract dated as of February 1, 1978, between Ottawa County, Park Township, Holland Township, and Holland City; a contract dated as of June 13, 1978 between Allegan County, Fillmore Township, Laketown Township, and Holland City; a contract dated as of June 1, 1994 between Ottawa County, Holland City, Holland Township, Park Township, Laketown Township, Fillmore Township, and Zeeland Township; the First Amendment to the Restated Holland Area Waste Water Treatment Facilities Operations Contract dated as of December 23, 2014, between Ottawa County, Holland City, Holland Township, Park Township, Laketown Township, Fillmore Township, and Zeeland Township, and the 2017 Restated Holland Area Wastewater Facilities Operations Contract, or as subsequently expanded or enlarged.

Point source means any discernable confined and discrete conveyance or vessel from which pollutants are or may be discharged into a public waterway or public sewer system.

Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant.

Pretreatment or treatment means the reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR Section 403.6(d).

Pretreatment standard or standard means any local, state or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits including those promulgated under 40 CFR 403.5, and categorical pretreatment standards.

Publicly owned treatment works (POTW) means the treatment works as defined by Section 212 of the Act including any devices and systems used in the monitoring, testing, storage, treatment, recycling, and reclamation of municipal sewage and industrial waste which are connected to or part of the Holland Area Water Reclamation Facility. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in Section 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

Public sewer means a sewer which is owned and/or controlled by any governmental entity which is a participant in the Plant.

Recurring Offense means two (2) or more consecutive monitoring periods evidencing violations or a pattern of non-compliance.

Replacement costs mean those expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works are designed and constructed.

Residential user means all non-commercial premises used only for human residency and which are connected to the POTW.

Sanitary sewer means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

Seepage pit (or dry well) means a cistern or underground enclosure constructed of concrete blocks, bricks, or similar material loosely laid with open joints so as to allow the septic tank overflow or effluent to be absorbed directly into the surrounding soil.

Septic tank means a water-tight receptacle receiving sewage and having an inlet and outlet so designed to permit the separation of suspended solids from wastes and to permit such retained solids to undergo decomposition therein.

Severe property damage means substantial physical damage or property damage to the POTW which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Sewage means the water-carried wastes from residences, business buildings, industrial establishments and/or other premises together with such infiltration as may be present.

Sewage disposal system means a privy, cesspool, seepage pit, septic tank, sub-surface disposal system, or other devices, used in the disposal of sewage or human excreta, except treatment facilities covered by an NPDES permit.

Sewer means a pipe or conduit for carrying sewage.

Significant industrial user (SIU):

(a) Except as provided in paragraph (b) of the definition, the term significant industrial user means:

(1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

(2) Any other industrial user that: discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, non- contact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or is designated as such by the Control Authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

(b) Upon a finding that an industrial user meeting the criteria in paragraph (a)(2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR 403.12(a))may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

Significant noncompliance (SNC) means significant noncompliance has occurred in the event of any one or more of following have occurred:

(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including an Instantaneous Limit as defined in Section 29-3;

(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including an Instantaneous Limit, as defined in Section 29-3 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment effluent limit (daily maximum, longer-term average, instantaneous limit, or narrative Standard) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (f)(l)(vi)(B) to halt or prevent such a discharge;

(e) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90)day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g) Failure to accurately report noncompliance;

(h) Significant noncompliance for pH means:

(1) Any discharge whose pH is less than or equal to two (2) or greater than or equal to twelve and one-half (12.5) standard units.

(2) Those discharges in which twenty-five (25) percent or more of all of the measurements taken during a six (6) month period are outside of the applicable limits for pH.

(i) Any other violation or group of violations, which may include a violation of Best Management Practices, which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.

Slug discharge means any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.

State means the State of Michigan.

Storm drain or storm sewer means any portion of the storm water drainage system, including any natural outlet, which carries storm and surface waters and drainage or unpolluted industrial process water, such as permitted by section 29-7(b).

Sub-surface disposal field means a facility for the distribution of septic tank overflow or effluent below the ground surface through a line or a series of branch lines of drain tile laid with open joints to allow the overflow or effluent to be absorbed by the surrounding soil throughout the entire field.

Superintendent means the superintendent of the Holland Area Water Reclamation Facility or the superintendent's authorized representative.

Total suspended solids (TSS) means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids.

Toxic pollutant means any pollutant or combination of pollutants identified as toxic pursuant to Section 307(a) of the Federal Water Pollution Control Act or other Federal Statutes or in regulations promulgated by the State under state law.

Unpolluted process waters means any non-contact cooling or non-contact processing water that is not chemically changed by its use for cooling or processing, or water free of substances that are or may be harmful to humans or wildlife or that may create or constitute a nuisance.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation and as further defined in 40 CFR 403.16.

User means any person who contributes, causes or permits the contribution of sewage into a public sewer.

User charge means a charge levied on the users of a treatment works for the costs of operation, maintenance and replacement of the treatment works pursuant to 33 USCA 1284 (b)(1), as amended.

Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, institutions and other facilities, whether treated or untreated.

Waters of the State includes:

(a) Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this State, other than those designed and used to collect, convey, or dispose of sewage; and

(b) The flood plain free-flowing waters determined by the EGLE on the basis of 100-year flood frequency; and

Watercourse means a channel, natural or artificial, in which a flow of water occurs either continuously or intermittently.

Sec. 29-13. Municipal civil infraction.

Except for a violation which is specifically designated in this chapter as a misdemeanor violation, a person who violates or fails to comply with the provisions of this Chapter or any of the

11 sections or subsections within this chapter is responsible for a municipal civil infraction and subject to the civil fines set forth below and any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation. For this chapter, the schedule of civil fines for municipal civil infractions and recurring offenses is as follows:

Period First Second Third for Offense Offense Offense Recurring Violation Type Nature of Violation Sections Fine Fine Fine Offense See note 1 General Sewage system tampered with 29-5 $100 $250 $500 1 year or damaged 1 Unlawful disposal of waste 29-6 $500 N/A N/A N/A

Discharge into storm drain or 29-7 $500 N/A N/A N/A natural drain Failure to connect to public 29-8 $100 N/A N/A N/A sewer Unsanitary conditions exist 29-9 $100 $250 $500 1 year

Private Failure to obtain private Sewage sewage system permit Disposal 29-26 $100 $250 $500 1 year Failure to have private sewage 29-27 $100 $250 $500 1 year system inspected Discharge of private septic system into public sewage system 29-28 $100 N/A N/A N/A Failure to operate private disposal system in a sanitary manner 29-30 $100 $250 $500 1 year Discharge of prohibited waste 29-31 $100 $250 $500 1 year

N/A

Period First Second Third for Offense Offense Offense Recurring Violation Type Nature of Violation Sections Fine Fine Fine Offense Discharge of wastes not 29-43 $0 $100 $500 1 year containing sewage Failure to disconnect roof drain after notification N/A 29-43 $500 N/A N/A Failure to have building sewer connection Inspected 29-45 $100 $250 $500 1 year

Violation Type Nature of Violation Sections Isolated Recurring Significant Period For Recurring Offense Any discharge that endangers human health or the environment or has caused the POTW to exercise its emergency 29-15(g) N/A N/A $10,000 1 yr. authority Failure to meet compliance date by 30 $0 N/A N/A 1 yr. days Failure to meet compliance date by 60 $250 N/A N/A 1 yr. days Failure to meet compliance date by 90 N/A N/A $500 1 yr. days Failure to accurately report noncompliance (1st time) 29-55 N/A N/A $0 N/A Failure to accurately report noncompliance (2nd time) 29-55 N/A N/A $500 N/A Failure to accurately report noncompliance (3rd time) 29-55 N/A N/A $1,000 N/A Failure to properly operate and maintain pretreatment facility 29-52 $0 $500 $1,000 1 yr. Waste stream is diluted 29-53 $500 $1,000 $2,000 1 yr. in lieu of treatment

Discharge of waste that 29-49 $0 $100 $500 1 yr. causes obstruction

Pretreatment Failure to develop spill Recordkeep- prevention and slug ing Violation control plans 29-54 $100 $0 $0 1 yr.

Violation Type Nature of Violation Sections Isolated Recurring Significant Period For Recurring Offense Copies of Records 29-57 $0 $500 $1,000 1 yr. denied Pretreatment Failure to provide Reporting reports within thirty (30) Division Violation days 4 N/A N/A $500 1 yr. Failure to report spill or changed discharge (No Harm) 29-55 $0 $500 $1,000 1 yr. Failure to report spill or changed discharge (Harm) 29-55 $500 $1,000 $2,000 1 yr. Incomplete or missing records or reports 29-57 $0 $0 $500 1 yr. Failure to report additional monitoring 29-80.4 $0 $100 $500 1 yr. Failure to notify of 29-75 $100 $500 $1,000 1 yr. bypass Pretreatment Failure to monitor all Monitoring pollutants according to Violations permit $0 $100 $500 1 yr. Failure to install 29-74 $0 $100 $500 1 yr. monitoring equipment Sampling at incorrect location 29-80.4 $0 $100 $500 1 yr. Sampling using incorrect sampling type 29-80.4 $0 $100 $500 1 yr.

Violation Type Nature of Violation Sections Isolated Recurring Significant Period For Recurring Offense Failure to train employees in emergency notification procedures 29-56 $0 $100 $500 1 yr. Entry for site visit denied or consent withdrawn 29-60 $0 $500 $1,000 1 yr. Failure to meet compliance deadlines for existing or new 29-61 $500 $1,000 $2,000 1 yr. source Other Any other violation of Chapter 29 $100 $250 $500 1 yr.

Period For Recurring Violation Type Nature of Violation Sections Isolated Significant Offense See Notes 1 & 2 Pretreatment Violation of discharge Discharge limit Violation 29-49 $0 $500 1 yr. Violation of applicable Technical Review Criteria (TRC) (See Notes 3 & 4) 29-49 $0 $1,000 1 yr.

Note 1: N/A means the offense accumulation time is not applicable or each offense is considered to be a separate and new offense or each is considered to be significant.

Note 2: Notwithstanding civil penalty amounts delineated on this schedule, any violation delineated shall be subject to a civil penalty of not less than $1,000 per day.

Note 3: TRC = 140% for BOD, TSS, fats, oil, and grease, and 120% for all other pollutants except pH which has no TRC.

Note 4: All mercury violations will be handled as outline in the Control Authority’s Enforcement Response Plan (ERP).

Sec. 29-49. General discharge prohibitions.

(a) Generally.

(1) It shall be unlawful to discharge any wastewater to the POTW except in accordance with the provisions of this Ordinance.

(2) No user shall contribute or cause to be contributed, directly or indirectly to the POTW, any pollutant or wastewater which will pass-through or cause interference with the operation or performance of the POTW.

(3) No person shall discharge or cause to be discharged to any public sewer any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted air conditioning water or unpolluted industrial process water. No footing drain, roof downspout, areaway drain or other source of surface water or ground water shall be connected to a public sewer. All footing drain water shall be discharged to storm sewers or dry wells. Storm water and all other unpolluted drainage shall be discharged to sewers specifically designated as storm sewers, or to a natural outlet approved by the EGLE. The discharge of cooling water or unpolluted industrial process water shall only be permitted when an NPDES permit cannot be obtained and no other discharge option exists.

(b) Prohibited. No user shall contribute the following substances to the POTW:

(1) Any substances which by reason of their nature or quantity may create a fire or explosion hazard or be injurious to the POTW or to the operation of the POTW, including but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Centigrade using the test methods specified in 40 CFR 261.21.

(2) Any solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW such as, but not limited to: grease, garbage with particles greater than one-half inch (1/2") in any dimension, or any material which can be disposed of as trash.

(3) Any wastewater having a pH less than six (6.0) or greater than eleven (11.0) or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW.

(4) Any substance which may cause a public nuisance, cause hazard to life or prevent entry into the sewers for maintenance and repair.

(5) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW exceeds forty (40) degrees Centigrade (one hundred and four (104) degrees Fahrenheit).

(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(8) Any trucked or hauled pollutants, except at discharge points and as otherwise designated by the Control Authority.

(9) Any pollutant, including oxygen demanding pollutants released in a discharge at a flow rate and or concentration (including any slug discharge), which may cause interference to the POTW.

(10) Any of the following toxic pollutants (a) those pollutants listed on the current critical materials register prepared pursuant to Section 66 of the Water Resources Commission Act (MCL Section 323.1 et. seq.) by the Michigan Water Resources Commission or its successors, and (b) those pollutants identified by the HBPW as a "toxic pollutant" by amendment to this ordinance. If a pollutant is specifically allowed by the HBPW, Section 29-49(b)(14) or categorical pretreatment standards, then the above paragraph does not apply.

(11) Any toxic substances in amounts exceeding standards promulgated by the administrator of the United States Environmental Protection Agency pursuant to Section 307 (a) of the Federal Water Pollution Act of 1972, as amended.

(12) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Control Authority in compliance with applicable State or Federal regulations.

(13) Any discoloration other than the color of normal strength domestic waste including, but not limited to dyes, inks and vegetable tanning solutions which singularly or in conjunction with other waste constituents is deleterious to treatment and/or sludge disposal practices or a hazard to the POTW and its employees.

the Control Authority for alternate limits will be subject to the following: 1) Submittal of an acceptable health and safety plan that sufficiently outlines procedures for the safe access of the impacted site and sanitary sewer; 2) Demonstration that the discharge will not create nuisance odors; and 3) Completion of any improvements to the sanitary sewer system (at user’s expense) determined necessary by the Control Authority in order to prevent increased corrosion due to the elevated hydrogen sulfide concentrations.

(15) Any unused pharmaceuticals (both over the counter and prescription only medications).

(16) Any wastewater having effluent characteristics in excess of:

TABLE 1

PROHIBITED POLLUTANTS

Daily Maximum

Allowable Concentration mg/l

Organics Acetone 170 Benzene 0.16 Methyl Ethyl Ketone 120 Chloroethane 1.8 Chloromethane 1.2 Chloroform 0.64 Dibromochloromethane 0.086 1,4-Dichlorobenzene 0.40 1,1-Dichloroethane 8.3 1,1-Dichloroethylene 1.4 cis-1,2-Dichloroethylene 2.9 trans-1,2-Dichloroethylene 2.8 Diethyl Ether 21

Ethyl Benzene 0.44 Lindane 0.00038 4-Methyl-2-Pentanone 20 Methylene Chloride 0.66 Styrene 0.29 Tetrachloroethylene 0.050 Toluene 3.5 1,1,1-Trichloroethane 1 Trichloroethylene 0.34 1,2,4-Trimethylbenzene 0.50 Xylenes, Total 0.91 Phenols, Total 0.90

Metals Arsenic 0.12 Cadmium 0.059 Chromium 1.3 Copper 1.3 Cyanide, Amenable 0.083 Lead 1.1 Lithium 2.9 Mercury See 29-49(b)(17) Molybdenum 0.28 Nickel 0.865 Selenium 0.10 Silver 0.037 Zinc 4.2

Compatibles Grease & Oil(Non-Polar 200 Fraction)

(17) Except as provided in Section 29-49(c), there shall be no detectable amounts of mercury discharged into the POTW. The local discharge limitation for mercury is established at the method detection limit (MDL) in accordance with the following:

Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with EPA Method 245.1. The MDL, developed in accordance with the procedure specified in 40 CFR 136 shall not exceed 0.2 ug/L for mercury, unless higher levels are appropriate due to matrix interference.

The evaluation of potential matrix interference(s) shall include, at a minimum, the following:

a. A demonstration that the laboratory conducting the analysis is capable of achieving the MDL of 0.2 ug/L in reagent water;

b. A demonstration that the MDL of 0.2 ug/L cannot be achieved in the effluent; and

c. A demonstration that an attempt has been made to resolve the matrix interference(s).

In cases where true matrix interference(s) can be demonstrated, a discharge-specific MDL will be developed in accordance with the procedure in 40 CFR 136. Discharge-specific MDLs will be incorporated into the wastewater discharge permit of the nondomestic user.

Mercury Reduction Plans

To ensure that the maximum allowable mercury loading to the POTW is not exceeded, the Control Authority may require any nondomestic user with a reasonable potential to discharge mercury to develop, submit for approval and implement a Mercury Reduction Plan (MRP). The MRP may be required by permit if the nondomestic user has not violated the local limit for mercury, but the Control Authority has determined that a reasonable potential for such a violation may exist. MRPs may be required in notices of violations, orders or other enforcement actions when the nondomestic user has violated the mercury local limit. At a minimum, an approvable MRP shall contain the following: a) A written commitment by the nondomestic user to reduce all nondomestic discharges of mercury to levels below the MDL within a time frame approved by the Control Authority;

21 b) Within sixty (60) days of notification by the Control Authority that a MRP is required, the nondomestic user shall supply an initial identification of all potential sources of mercury which could be discharged to the POTW; c) Specific strategies for mercury reduction with reasonable time frames for implementation, capable of ensuring that mercury discharges will be below the specified MDL within a time frame approved by the Control Authority; d) A program for sampling and analysis of the nondomestic discharge for mercury in accordance with [EPA Method] 245.1 methods; e) A demonstration of specific, measurable and/or otherwise quantifiable mercury reductions consistent with the goal of reducing mercury discharges below the specified MDL. Where such reductions can not be demonstrated through normal effluent monitoring (e.g. mercury discharges are already near MDL), the demonstration should incorporate the following:

1) Internal process monitoring, documenting the results of mercury reduction strategies at sampling locations within the facility (e.g. A program of regular monitoring of sink traps where mercury containing reagents had previously been disposed, but have since been substituted by non-mercury containing compounds);

2) Internal and/or effluent sampling utilizing clean and/or ultra-clean sampling and analytical methods as referenced by USEPA Federal Register. Note that the results of such monitoring will not be used for compliance purposes unless performed in accordance with EPA Method 245.1 and collected at the appropriate compliance measurement location.

3) Loading calculations wherein the nondomestic user calculates the total mass of mercury reduced from the sanitary sewer discharge through reagent substitutions, changes in disposal practices and/or other approved MRP strategies implemented. f) A semiannual report on the status of the mercury reduction efforts. At a minimum, these reports shall: (i) identify compliance or noncompliance with specific reduction commitments in the MRP; (ii) summarize the analytical, mass-based or other quantifiable demonstrations of mercury reductions performed to date; (iii) provide all applicable analytical data; (iv) provide an evaluation of the effectiveness of actions taken to date; (v) provide updates to the initial list of mercury containing compounds discharged to the sanitary sewer and (vi) propose for approval new strategies and/or modifications to the current MRP to continue and improve mercury reduction efforts. g) Any other conditions that the Control Authority deems necessary to ensure that mercury reduction efforts are effective in achieving the goals of this Section.

Failure to submit an approvable MRP within thirty (30) days of the required due date shall constitute significant noncompliance in accordance with this section, and will result in publication as a significant violator, in addition to other possible enforcement action.

A MRP may be evaluated for adequacy at any time by the Control Authority. If such an evaluation determines that the Mercury Reduction Plan is inadequate, or the nondomestic user has not complied with its approved MRP, the nondomestic user will be notified. Failure to comply with the MRP requirement constitutes noncompliance. The Control Authority will follow its Enforcement Response Plan (ERP) to ensure that corrective actions are taken.

A nondomestic user may request a release from MRP requirements if (i) all samples of the discharge for a period of one year are less than the specified MDL; (ii) the nondomestic user has complied with minimum the monitoring frequency of quarterly sampling events; and (iii) the Control Authority deems that MRP commitments have been fulfilled sufficiently to ensure continued compliance with the mercury limitation. The Control Authority shall notify the nondomestic user of any release from MRP requirements in writing.

If the MRP requirement is waived by the Control Authority, the nondomestic user remains subject to the local limitation for mercury in accordance with the requirements of this Section.

Re-discovery of mercury in the nondomestic user discharge subjects said user to the submission of a new MRP, or escalation of enforcement in accordance with the ERP.

(18) Any wastewater containing more of the substances referenced in Table 2, unless permitted by Special Discharge Allocation under Section 29-50.

In addition to the limits in Table 2, any discharge that, in the judgment of the Control Authority, would contribute a significant amount of these substances, regardless of mg/l concentration, shall be prohibited except by Special Discharge Allocation.

TABLE 2

COMPATIBLE POLLUTANTS

Daily Maximum Daily Maximum

mg/l pounds per day

* * Biochemical Oxygen Demand (BOD) 1,000 and 40

2,000* and 80* Chemical Oxygen Demand (COD)

* * Total Suspended Solids (TSS) 1,400 and 100

* * Total Phosphorus (TP) 25 and 1

* and * Chlorides 3,200 100

* * Grease & Oil (Polar Fraction) 150 and 5

*or as approved by the Michigan EGLE in accordance with the Control Authority’s approved procedures, with any change in such approved amounts being effective upon publication by the Control Authority in a daily newspaper of general circulation in the Holland area.

The Control Authority reserves the right to use COD sampling and testing for BOD Special Discharge Allocations (see Section 29-50) and surcharges (see Section 29- 51). In the event that COD is used for this purpose, the conversion to BOD shall be based on a site specific COD/BOD ratio. The ratio used for this purpose shall be calculated based on a short-term demonstration using a minimum of 5 samples. The demonstration shall be performed at least every 24 months to check for any changes in the site specific COD/BOD ratio.

(1) In accordance with MCL Section 333.16631 of Act 368 and the provisions of the Michigan Administrative Code, this section applies to a dentist who uses dental amalgam and to a dentist who removes dental amalgam. This section does not apply to any of the following:

a. Oral and maxillofacial surgeons

b. Oral and maxillofacial radiologists

c. Oral pathologists

d. Orthodontists

e. Periodontists

f. Dentists providing services in a dental school, in a hospital, or through a local health department.

g. Dentists who install and use a holding tank and do not discharge amalgam waste

(2) On or before December 21, 2013, a dentist shall install, or shall have installed, an amalgam separator on each wastewater drain in his or her dental office that is used to discharge dental amalgam waste. A dentist who is required to install an amalgam separator shall comply with all of the following pursuant to Michigan Administrative Code R338.11811:

a. Install an amalgam separator that meets the requirements of Michigan Administrative Code R338.11813.

b. Install, operate, and maintain the amalgam separator according to the manufacturer’s instructions.

c. Ensure the installed amalgam separator is properly sized to accommodate maximum dental amalgam wastewater flow rates at the dental office. The maximum allowable flow rate through an amalgam separator at a dental office shall not exceed the maximum flow rate capacity at which the amalgam separator was tested under Michigan Administrative Code R338.11813(1)(a).

d. Ensure that all wastewater from the dental office containing dental amalgam waste passes through an installed and properly functioning and maintained amalgam separator before being discharged.

(3) A dentist who is subject to the provisions of Michigan Administrative Code R338.11811 shall maintain records at his or her dental office that include all of the following:

a. Type of amalgam separator installed, including the manufacturer and model.

b. Date the amalgam separator became operational.

c. Documentation verifying the amalgam separator meets the requirements of Michigan Administrative Code R338.11813.

d. Documentation of the manufacturer’s instructions for the operation and maintenance of the amalgam separator.

e. Service records for each amalgam separator in use at the dental office that includes the following:

(i) Dates of maintenance.

(ii) Dates separator contents were recycled.

(iii) Name of the staff or contractor performing the service.

f. Documentation verifying that the dentist disposed of and recycled any dental amalgam waste that was generated from the individual’s dental office consistent with the requirements of Michigan Administrative Code R338.11815 and R338.11817(f). The documentation shall be in accordance with R338.11813(f).

(4) The records required under Section 29-49(C)(3) shall be provided upon request to Control Authority.

(5) All records required under Section 29-49(C)(3) of this rule shall be retained for a minimum of 3 years.

Sec. 29-50. Special discharge allocation.

A nondomestic user (user) may, at the time of application for a wastewater discharge permit, or by a special discharge allocation permit application, request that the uniform concentration limits for BOD or COD, TSS, phosphorus, and grease and oil (polar fraction) be increased above concentrations listed in Table 2 (Section 29-49) for that permit. Such special discharge allocation shall be expressed as total daily pounds of pollutant discharged. A user's special discharge allocation shall be determined using rules and regulations established by the Control Authority and in accordance with procedures approved by the EGLE. The rules and regulations of the Control Authority shall be available for inspection at 42 South River Avenue, Holland, Michigan 49423, and shall be posted on the website of the BPW.

The Control Authority reserves the right to reduce or deny special discharge allocations if total pollutant discharges near or reach the MAHLs set forth in Table 3. The Control Authority reserves the right to amend the MAHLs set forth in Table 3 at its discretion. The special discharge allocation must not result in the POTW (including the collection system) receiving pollutants in excess of its ability to convey or treat.

A user which requests a special discharge allocation through the permit application process must sign a written acknowledgment whereby the user consents to comply with all terms and conditions which may be imposed by the Control Authority. Such acknowledgment shall be in a form provided by the Control Authority, and must be executed by an authorized representative of the user and be received by the Control Authority before any special discharge allocation is effective. The user shall be charged for the special discharge allocation as determined by the adopted rate schedule. Notwithstanding the foregoing, payment of the plant capacity portion of the surcharge rate shall not confer any right to any particular amount of capacity in future periods. In addition, the Control Authority reserves the right to institute a review of any previously permitted special discharge allocation at any time, pursuant to which the Control Authority, in its discretion, upon notice and the opportunity for hearing, may reduce or eliminate a user's previously permitted or approved special discharge allocation (including in particular, but not limited to, any allocation amount for which a user has previously paid the physical plant capacity component of the surcharge but not the operation and maintenance component of the surcharge).

Any discharge in excess of the amount permitted by the special discharge allocation is prohibited and is therefore a violation of Section 29-49 and the user's wastewater discharge permit. In addition, a user shall pay the full surcharge rate (the plant capacity component and the operation and maintenance component) for any amount discharged in excess of the amount permitted by a special discharge allocation.

EGLE

TABLE 3

MAXIMUM ALLOWABLE HEADWORKS LOADING (MAHL)

pounds per day

Biochemical Oxygen Demand (BOD) 57,900*

Chemical Oxygen Demand (COD) 115,800**

Total Suspended Solids 50,000*

Total Phosphorus 830*

Grease & Oil (Polar Fraction) 5,451*

* or the maximum pounds approved by the EGLE in accordance with the Control Authority’s approved procedures, with any change in such approved amounts being effective upon publication by the Control Authority in a daily newspaper of general circulation in the Holland area.

** The MAHL for COD is calculated using the historical influent COD/BOD ratio of 2:1.

All other provisions of Chapter 29 shall remain in full force and effect.

Ordinance adoption date:

Ordinance effective date:

STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY GRAND RAPIDS DISTRICT OFFICE GRETCHEN WHITMER LIESL EICHLER CLARK GOVERNOR DIRECTOR

October 24, 2019

VIA EMAIL

Mr. Theodore VanAken, P.E., Superintendent Holland Water Reclamation Facility Holland Board of Public Works 625 Hastings Avenue Holland, Michigan 49426

Dear Mr. VanAken:

SUBJECT: Industrial Pretreatment Program (IPP) – Substantial Modification Submittal National Pollutant Discharge Elimination System (NPDES) Permit No. MI0023108 Designated Name: Holland WWTP

This letter acknowledges receipt of the IPP changes included with the request of the Holland Board of Public Works received October 9, 2019.

We have conducted a review of your request and have determined it to be a substantial modification in accordance with the criteria set forth in Title 40 of the Code of Federal Regulations (CFR), Section 403.18, and R 323.2309 of the Michigan Administrative Code. The proposed modifications consist of changes to the City of Holland sewer use ordinance to incorporate new local limits, other ordinance revisions and clarifications, revisions to the enforcement response plan and revisions to the industrial user permitting procedures.

The Department of Environment, Great Lakes, and Energy (EGLE) will proceed with completion of the public notice responsibilities in accordance with 40 CFR, Section 403.11.

Should you require further information, or should you like to participate in the public notice jointly, please contact me at 616-356-0212, [email protected], or at the mailing address below.

Sincerely,

Thomas P. Berdinski Regional Pretreatment program Specialist

tpb/llr

cc: Mr. Randall Conroy, IPP Coordinator, Field Operations, WRD – EGLE (via email)

STATE OFFICE BUILDING • 350 OTTAWA AVENUE, NW • UNIT 10 • GRAND RAPIDS, MICHIGAN 49503-2341 Michigan.gov/EGLE • (616) 356-0500

Draft Date: 09-21-2019 ORDINANCE NO. _____

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HOLLAND, MICHIGAN, BEING ORDINANCE NO. OF THE CITY OF HOLLAND, BY ADDING AMENDMENTS TO CHAPTER 29 OF SAID CODE.

The City of Holland ordains that Section 29-2, 29-3, 29-13, 29-49, and 29-50 of the Ordinance Code of the City of Holland, Michigan, shall be amended to read as follows:

CHAPTER 29 – SEWER USAGE AND ADMINISTRATION

Article I. In General.

Sec. 29-2. Abbreviations.

The following abbreviations shall have the designated meanings:

Sec. 29-3. Definitions.

40 CFR 403 means the general pretreatment regulations outlined at 40 Code of Federal Regulations Part 403.

Act or the Act means the Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. 1251, et. seq.

Act 368 means the Michigan Public Health Code. (Act 368 of 1978) MCL 333.1101 to 333.25211.

Administrative committee means the committee established pursuant to the "Contract."

Authorized representative of industrial user:

(a) In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;

(b) In the case of a partnership or proprietorship, a general partner or proprietor; and

BPW means the Board of Public Works of the City of Holland, its authorized deputy, agent, or representative.