§ 22-1. Definitions.  


Latest version.
  • Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

    (a)

    Act or the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

    (b)

    Approval authority. The State of Michigan acting through the Director of the Michigan Department of Environmental Quality.

    (c)

    Authorized representative of the user.

    (1)

    If the user is a corporation:

    a.

    The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

    b.

    The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

    (2)

    If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

    (3)

    If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

    (4)

    The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

    (d)

    Biochemical oxygen demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/l).

    (e)

    Building drain. The part of the lowest horizontal piping of a drainage system which receives the discharge from drain pipes inside the walls of a building and conveys it to and is connected to the building sewer, beginning approximately five (5) feet outside the inner face of the building wall.

    (f)

    Building sewer. The extension from the building drain to the public sewer or other place of disposal.

    (g)

    Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405-471.

    (h)

    City. The Eaton Rapids City Council or their duly designated representative.

    (i)

    Compatible pollutant. For purposes of establishing federal requirements for pretreatment, the term "compatible pollutant" means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in NPDES permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of such additional pollutants may include: Chemical oxygen demand, total organic carbon, phosphorus compounds, nitrogen and nitrogen compounds, fats, oils, greases or animal or vegetable origin except those that would interfere with the operation or performance of the treatment works.

    (j)

    Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

    (k)

    Existing source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the Act.

    (l)

    Garbage. The soil wastes from the preparation, cooking and dispensing of food, and from the handling, storage, processing, and sale of perishable produce.

    (m)

    Grab sample. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

    (n)

    Incompatible pollutant. The term "incompatible pollutant" means any pollutant which is not a compatible pollutant.

    (o)

    Indirect discharge or discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the Act.

    (p)

    Industrial cost recovery. The recovery by the grantee from the industrial users of a wastewater treatment plant of the grant amount allocable to the treatment of wastes from such users pursuant to section 204(b) of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500) and Public Law 93-243 and regulations as published in chapter 40, part 35, Code of Federal Regulation, February 11, 1974.

    (q)

    Industrial wastes. Liquid wastes, solids, or semi-solids from industrial processes as distinct from domestic sanitary wastewater.

    (r)

    Instantaneous maximum allowable discharge limit. 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.

    (s)

    Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

    (t)

    Maintenance. The cost of keeping the waste treatment works in a state of good repair for efficient operation.

    (u)

    Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

    (v)

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

    (w)

    New source.

    (1)

    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 causes 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 plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

    (2)

    Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of section (1) b. or c. above but otherwise alters, replaces, or adds to existing process or production equipment.

    (3)

    "Construction of a new source" as defined under this paragraph has commenced if the owner or operator has:

    a.

    Begun, or caused to begin, as part of a continuous onsite construction program;

    (i)

    Any placement, assembly, or installation of facilities or equipment; or

    (ii)

    Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

    b.

    Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

    (x)

    Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

    (y)

    North American Industry Classification System or NAICS. A classification pursuant to the NAICS United States Manual issued by the United States Office of Management and Budget. Note: NAICS (1997) replaces SIC (1987).

    (z)

    NPDES permit. A permit issued pursuant to the national pollution discharge eliminations system prescribed in the U.S. Public Law 92-500.

    (aa)

    Operation. The cost of providing staff, utilities, chemicals, supplies, etc., for treating wastewater.

    (bb)

    Pass through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.

    (cc)

    Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

    (dd)

    pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

    (ee)

    Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

    (ff)

    Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

    (gg)

    Pretreatment requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

    (hh)

    Pretreatment standards or standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

    (ii)

    Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 22-87 of this chapter.

    (jj)

    Properly shredded garbage. Garbage that has been cut or shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch in any dimension.

    (kk)

    Public sewer. A sewer which carries wastewater and to which storm, surface, and ground waters are not intentionally admitted.

    (ll)

    Publicly owned treatment works or POTW. A "treatment works," as defined by section 212 of the Act (33 U.S.C. § 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

    (mm)

    Replacement. The expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the life or the treatment works to maintain the capacity and performances for which such works were designed and constructed. The term "operation and maintenance" includes replacement.

    (nn)

    Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

    (oo)

    Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).

    (pp)

    Sewer. Any pipe, tile or conduit for carrying wastewater.

    (qq)

    Significant industrial user.

    (1)

    A user subject to categorical pretreatment standards; or

    (2)

    A user that:

    a.

    Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

    b.

    Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

    c.

    Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

    (3)

    Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

    (rr)

    Slug load or slug. Any discharge of a nonroutine, episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 22-87 of this chapter.

    (ss)

    Standard industrial classification code or SIC . A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

    (tt)

    Storm sewer or storm drain. A sewer which carries storm and surface waters and drainage but which excludes wastewater and polluted industrial wastes.

    (uu)

    Stormwater. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

    (vv)

    Superintendent. The person designated by the city to supervise the operation of the system, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.

    (ww)

    Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

    (xx)

    System. The complete city water supply system and wastewater system.

    (yy)

    User or industrial user. A source of indirect discharge.

    (zz)

    User charge. A charge levied on users of the treatment works for the cost of operation and maintenance of such works pursuant to section 204(b) of Public Law 92-500.

    (aaa)

    User class. A division of users into categories having similar flows and wastewater characteristics (i.e. residential, commercial, industrial, institutional and governmental).

    (bbb)

    Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

    (ccc)

    Wastewater system. All facilities for collecting, pumping, treating and disposing of wastewater.

    (ddd)

    Wastewater treatment plant or treatment plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

    (eee)

    Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

    (fff)

    Water supply system. All storage facilities, transmission line, mains, pumps and other facilities and appurtenances used or useful in the delivery of potable water.

(Ord. No. 2002-7, 9-23-02)