Executive Summary

The Hannahville Indian Community Wastewater Treatment Ordinance was enacted on February 17, 2005. It establishes a comprehensive regulatory framework for the management, operation, and protection of the Tribe’s wastewater collection and treatment system. The ordinance is authorized under Article V of the Tribal Constitution. It applies to both on-reservation and off-reservation users. This includes neighboring communities served by the system.

The primary purpose is to preserve the health and well-being of tribal members and neighbors. This is achieved by regulating domestic sewage and industrial wastewater discharge. Key highlights include:

• Exclusive Jurisdiction: The Hannahville Indian Community Tribal Court holds exclusive jurisdiction over all matters related to the Ordinance.
• Strict Discharge Standards: The Ordinance defines “Normal Sewage.” It prohibits the discharge of hazardous or flammable substances. Additionally, unpolluted waters, like stormwater, are not allowed into the sanitary system.
• Financial Sustainability: The system is funded through a “user pays” model. It involves monthly flat rates, debt service charges, and a $2,500 per Equivalent Dwelling Unit (EDU) connection fee.
• Compliance and Enforcement: Violations can result in fines up to $5,000 for each instance. Additionally, violators must provide full restitution for any damage caused to the treatment facilities.

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1. Regulatory Authority and Jurisdiction

The Ordinance centralizes authority within the Tribal Council and the Water Operations Department.

• Geographic Scope: The regulations apply to all users within the geographic jurisdiction of the Tribe. They also apply to off-reservation users receiving services via express written agreement.
• Legal Jurisdiction: The Hannahville Indian Community Tribal Court maintains exclusive jurisdiction. This applies to all causes of action. It also applies to agreements arising from the Ordinance.
• Administrative Powers: The Community retains the power to:
  • Set and adjust user charges and fees.
  • Limit wastewater constituents and discharge rates.
  • Require the installation of monitoring, sampling, and inspection facilities.
  • Establish compliance schedules and require technical discharge reports.
  • Maintain records on the disposal of hazardous materials (sludges, radioactive materials, solvents).

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2. Wastewater Classification and Technical Standards

The Ordinance distinguishes between “Compatible” and “Incompatible” pollutants to ensure the Sequencing Batch Reactor (SBR) treatment facility operates effectively.

2.1 Key Definitions

Term	Definition / Standard
Normal Sewage	Contains \le 200 ppm Suspended Solids, \le 300 ppm B.O.D., and \le 10 ppm Phosphorus.
Normal Strength	Specifically defines pH (6.5 to 9.5) and fats/oils/grease (\le 100 mg/l) in addition to B.O.D. and Suspended Solids.
B.O.D. (Biochemical Oxygen Demand)	Quantity of oxygen used in biochemical oxidation of organic matter (5 days at 20°C).
Equivalent Dwelling Unit (EDU)	A unit representing the average wastewater discharge from a typical residential dwelling.
Slug Load	Any discharge at a rate or concentration that causes interference with the treatment system.

2.2 User Classifications

• Residential User: Domiciles discharging only domestic sewage.
• Commercial User: Establishments selling goods/services discharging primarily domestic sewage.
• Institutional User: Nonprofit, religious, or educational facilities (e.g., churches, hospitals).
• Government User: Federal, tribal, state, or local government facilities.
• Industrial User: Any user discharging >25,000 gallons per day of sanitary waste. Another definition is a user whose flow exceeds 5% of the system’s total capacity.

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3. Discharge Prohibitions and Restrictions

To protect infrastructure and biological treatment processes, the Ordinance explicitly prohibits certain substances and requires pretreatment for others.

3.1 Prohibited Discharges

It is unlawful to discharge the following into the public sanitary sewer:

• Unpolluted Water: Stormwater, surface water, groundwater, roof runoff, and subsurface drainage.
• Temperature Extremes: Liquids/vapors >150°F (65°C) or <32°F (0°C).
• Flammables: Gasoline, benzene, naphtha, or fuel oil.
• Solid/Viscous Obstructions: Ashes, cinders, sand, mud, straw, metal, glass, rags, feathers, plastics, or wood.
• Toxic Substances: Any waste containing poisonous substances in quantities sufficient to interfere with treatment or injure humans/animals.
• Chemical Limits:
  • Phenols: >0.50 ppm.
  • Oil/Grease: >100 ppm.
  • Toxic Gases: >10 ppm of hydrogen sulfide, sulfur dioxide, or nitrous oxide.

3.2 Interceptors and Pretreatment

• Interceptors: Grease, oil, and sand interceptors are mandatory for non-residential users. They must be watertight, easily accessible for inspection, and maintained at the owner’s expense.
• Industrial Pretreatment: Any user discharging waste exceeding “Normal Strength” (e.g., >300 mg/l B.O.D.) may be required to provide preliminary treatment at their own expense to reduce pollutants to acceptable levels.

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4. Connection Requirements and Infrastructure Standards

A mandatory connection is required for any building used for human occupancy. This applies if the building is situated within the Tribe’s jurisdiction. It must also abut a street or right-of-way containing a public sewer.

• Distance Rule: Connection is not required if all portions of the structure are >200 feet from the public sewer.
• Connection Deadline: Must be completed within 6 months of official notification.
• Permit Requirements: No connection or disconnection may occur without a written permit. Applications must include parcel drawings, intended use descriptions, and projected flow rates.
• Construction Specifications:
  • Materials: Schedule 40 PVC, SDR 26, or SDR 21 PVC pipe.
  • Diameter: Minimum of 6 inches.
  • Slope: Minimum 1/8 inch per foot.
  • Installation: Must be laid on a 6-inch sand bedding with 6-inch sand backfill.
• Sewage Pump Stations: If gravity flow is impossible, owners must install and pay for the electricity for a pump station. The Community will assume responsibility for operation and maintenance of these stations once installed to tribal standards.

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5. Financial Structure: Rates and Fees

The system is maintained through a combination of usage fees and one-time connection charges.

5.1 Connection Fees

• Hook-up Fee: A one-time fee of $2,500.00 per EDU is levied for each new connection. This revenue is dedicated to extending and expanding the collection system.

5.2 Monthly User Charges

• Flat Rate: Charges for operation, maintenance, replacement, and debt service (including USDA-Rural Development loans) are billed monthly.
• EDU-Based Billing: Rates are assigned based on the number of EDUs representative of the premises’ flow.
• Surcharges: Users discharging high-strength wastewater (e.g., B.O.D. >300 mg/l) are assessed additional charges to cover the added treatment costs.

5.3 Delinquency and Collection

• Late Charges: A 2% late charge is applied to all past-due balances.
• Liens: All charges related to the system constitute a personal obligation of the owner and a lien against the premises.
• Service Termination: The Community reserves the right to terminate service for non-payment.

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6. Bark River Township Agreement

The Ordinance anticipates providing wastewater treatment for Bark River Township under specific contractual terms.

• Contracts: The relationship is governed by a “Wastewater Treatment Purchase Contract” and a “Wastewater Management Agreement.”
• Cost Responsibility: The Township is responsible for its share of operation, maintenance, equipment replacement, and management costs.
• Pretreatment: If industrial waste from the Township creates an unreasonable burden, the Community may compel the Township to act. The Community might require the Township to implement pretreatment. Alternatively, the Community might make the Township undertake remedial action at its own expense.

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7. Administrative Oversight and Enforcement

7.1 Inspections and Audits

• Right of Entry: Authorized representatives may enter any premises for inspection, measurement, sampling, and testing.
• Fiscal Year: The system operates on a fiscal year from October 1st to September 30th.
• Annual Audit: An independent certified public accountant must perform an annual audit of the system’s records.

7.2 Penalties for Non-Compliance

The Ordinance provides for significant penalties to ensure system integrity:

1. Fines: Up to $5,000.00 plus costs.
2. Restitution: Full payment for remedial actions required to rectify violations that cause the system to exceed its NPDES permit limits.
3. Legal Action: The Tribe may pursue civil or criminal suits under tribal law or other applicable jurisdictions.

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8. General Provisions

• Severability: If any part of the Ordinance is held invalid, the remainder remains in effect.
• Tribal Sovereignty: Nothing in the Ordinance constitutes a waiver of the Hannahville Indian Community’s sovereignty unless expressly stated.
• Conflicts: This Ordinance supersedes any previous inconsistent regulations, though more restrictive laws from other jurisdictions may still apply.