For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT (or THE ACT). The Federal Water Pollution Control Act (also known as the Clean Water Act), 33 U.S.C. §§ 1251 et seq., as amended.
ASTM. The American Society for Testing and Materials, an international, nonprofit, technical, scientific and educational society devoted to the promotion of knowledge of the materials of engineering, and the standardization of specifications and methods of testing.
AUTHORIZED REPRESENTATIVE OF USER. An authorized representative of a user is:
(1) A responsible corporate officer, if the user is a corporation.
RESPONSIBLE CORPORATE OFFICER means: a president, secretary, treasurer, or 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 the principal manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures of more than $25,000,000 in second quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) A general partner or proprietor, if the user is a partnership or proprietorship, respectively.
(3) The principal executive officer, ranking elected official, or director having responsibility for the overall operation of the discharging facility, if the user is a federal, state or local governmental entity.
(4) If none of the categories listed in divisions (1), (2) or (3), above, are applicable to the user, then a representative of the industrial user as approved by the WWTP Superintendent.
(5) A duly authorized representative of an individual designated in divisions (1), (2), (3) or (4) above, if the representative is responsible for the overall operation of the facilities from which the discharge to the POTW originates.
a. To be considered
DULY AUTHORIZED, the authorization must be made in writing by an individual designated in divisions (1), (2), (3) or (4) above. The authorization must specify either an individual or a position having responsibility for the overall operation of the facility (such as the position of plant manager, operator of a well or well field, or a position of equivalent responsibility, or having overall responsibility for the environmental matters for the company or entity). The written authorization must be submitted to the WWTP Superintendent prior to or together with any reports to be signed by the authorized representative.
b. If an authorization under division (5)(a) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company or entity, a new written authorization must be submitted to the WWTP Superintendent prior to or together with any reports to be signed by the newly authorized representative.
BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Centigrade, expressed in milligrams per liter (mg/l).
BUILDING LEAD. The portion of building sewer from the soil pipe to the sewer stub.
BUILDING SEWER. The portion of a sewer from the soil pipe to the wye branch of the sewer main.
BYPASS. The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
CATEGORICAL PRETREATMENT STANDARD. A national pretreatment standard promulgated by the U.S. EPA in accordance with §§ 307(b) and (c) of the Act that specifies quantities or concentrations of pollutants or pollutant properties that may be discharged to a POTW by users in specific industrial subcategories.
CATEGORICAL USER. Any nondomestic user subject to a categorical pretreatment standard.
COD or CHEMICAL OXYGEN DEMAND. The quantity of oxygen consumed from a chemical oxidant in a specific test, expressed in milligrams per liter (mg/l).
CHLORINE DEMAND. The difference between the amount of chlorine applied and the amount of free chlorine available at the end of the contact time, expressed in milligrams per liter (mg/l).
COMPATIBLE POLLUTANT. A pollutant which, as determined by the WWTP Superintendent, is susceptible to effective treatment by the POTW as designed, and which will not interfere with, or pass through, the POTW, and which is otherwise not incompatible with the treatment processes or in excess of the capacity at the POTW. The term COMPATIBLE is a relative concept that must be determined on a case-by-case basis. In determining whether or not a pollutant is compatible with the POTW, the Superintendent may consider, among other factors determined relevant by the Superintendent, the nature and qualities of the pollutant, and the concentration, mass, and flow rate at which the pollutant is (or is proposed to be) discharged. Thus, for example, even pollutants such as BOD, fats, oils or grease, phosphorus, suspended solids, and fecal coliform bacteria, which are typically considered compatible may be determined incompatible, if discharged in concentrations or flows that would cause interference or pass through or exceed the POTW's capacity. Specifically excluded from the definition of COMPATIBLE POLLUTANTS are “heavy” metals, PCBs, and any other pollutants that will likely contribute or cause operational or sludge disposal problems or unacceptable discharges to the receiving waters, as determined by the WWTP Superintendent.
COMPOSITE SAMPLE. A series of individual samples taken at regular intervals over a specific time period and combined into a single sample (formed either by continuous sampling or by mixing discrete samples) representative of the average stream during the sampling period. For categorical sampling, a composite sample shall consist of at least four individual samples taken within a 24-hour period.
CONTROL AUTHORITY. The Department of Water and Sewer of the Bay County Board of County Road Commissioners acting in its capacity to administer and implement this chapter and the approved industrial pretreatment program.
CONTROL AUTHORITY ENFORCEMENT RESPONSE PLAN (CAER PLAN). The plan prepared by the POTW as required by 40 C.F.R. § 403.8(f)(5) that describes how the POTW will investigate and respond to instances of non-compliance and the types of escalated enforcement actions the POTW will take in response to violations of applicable standards and requirements.
COOLING WATER (CONTACT). Water used for cooling purposes only that may become contaminated or polluted either through the use of water treatment chemicals (such as corrosion inhibitors or biocides) or by direct contact with process materials and/or wastewater
COOLING WATER (NON-CONTACT). Water used for cooling purposes only that has no direct contact with any raw material, intermediate, or final product and that does not contain a detectable level of contaminants higher than that of the intake water or exceed local limits.
COUNTY. The County of Bay, Michigan.
DAILY MAXIMUM. The concentration (or mass loading, expressed in terms of pounds per day) that shall not be exceeded on any single calendar day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged during the day. Sampling for daily maximum shall be a 24-hour flow proportioned composite sample, except that a minimum of four grab samples shall be taken in lieu of a 24-hour flow proportioned composite sample for pH, cyanide, phenol (T), residual chlorine, oil and grease, sulfides, volatile organic compounds (and any other parameters specified by the WWTP Superintendent). If it is not feasible to obtain a flow proportioned composite sample, a time proportioned composite sample or a minimum of four grab samples may be used in lieu of the flow proportioned composite sample if the user demonstrates to the WWTP Superintendent that a representative sample will be obtained. If the pollutant concentration in any sample is less than the applicable detection limit, that value shall be regarded as zero when calculating the daily maximum concentration (except as otherwise provided in a permit, order or agreement issued under this chapter). If a composite sample is required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a single calendar day shall be based on the composite sample collected for that parameter on that calendar day. If grab samples are required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a calendar day shall be based on the average of all grab samples collected for that parameter on that calendar day. If only one grab sample is collected for a parameter on a given day, the determination whether the daily maximum limitation for that parameter has been exceeded for the day shall be based on the results of that single grab sample.
DEPARTMENT. The Department of Water and Sewer of the Bay County Board of County Road Commissioners, or the Department's authorized agents, deputies, or representatives; also referred to as the control authority or the POTW as appropriate to the context herein.
DIRECTOR. The Director of the Department, or the Director's authorized agents, deputies, or representatives.
DISCHARGE. The introduction of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether direct or indirect (including inflow and infiltration).
DOMESTIC USER. A user that discharges only segregated normal strength domestic waste into the POTW.
DOMESTIC WASTE. Water-carried waste of human origin generated by personal activities from toilet, kitchen, laundry, or bathing facilities, or by other similar facilities used for household or dwelling purposes (sanitary sewage). Domestic waste shall not include any waste resulting from industrial or commercial processes, including, without limitation, any hazardous or toxic pollutants.
DWELLING. Any structure designed for habitation, including but not limited to houses, mobile homes, apartment buildings, condominiums and townhouses.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The United States Environmental Protection Agency, or its duly authorized representatives.
FOOTING DRAIN. A pipe or conduit placed around the perimeter of a building foundation and that intentionally admits ground water.
GARBAGE. Solid wastes from the preparation, cooking, and dispensing of food, from the handling, storage, processing and sale of produce, or from the canning or packaging of food.
GRAB SAMPLE. An individual sample that is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
GROUND WATER. The subsurface water occupying the saturation zone from which wells and springs are fed.
HAZARDOUS WASTE. Any substance discharged or proposed to be discharged into the POTW, that, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261.
HEAVY METALS. Heavy metals include, but shall not be limited to, elemental, ionic, or combined forms of antimony, arsenic, barium, cadmium, chromium, cobalt, copper, lead, mercury, molybdenum, nickel, selenium, silver, and zinc, and other metals that may accumulate in sludge, and/or are generally toxic in low concentrations to animal and plant life, as determined by the WWTP Superintendent.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT. Any pollutant that is not a compatible pollutant.
INDIRECT DISCHARGE. The introduction of pollutants into the POTW, intentionally or unintentionally, from any non-domestic source regulated under § 307(b), (c) or (d) of the Act (including, without limitation, holding tank waste or trucked or hauled waste discharged into the POTW and pollutants entering the POTW through infiltration or inflow).
INDUSTRIAL USER. Any non-domestic user that contributes, causes or permits the contribution or introduction of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether direct or indirect.
INFILTRATION. Any waters entering the POTW from the ground, through means such as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
INFLOW. Any waters entering the POTW from sources such as, but not limited to, roof leaders; cellar, yard, and area drains; footing drains; foundation drains; cooling water discharges; drains from springs and swampy areas; manhole covers; storm sewers; catch basins; storm waters; surface runoff; street wash waters; or drainage. Inflow does not include, and is distinguished from, infiltration.
INSTANTANEOUS MAXIMUM CONCENTRATION. The maximum concentration of a pollutant allowed to be discharged at any instant in time (independent of the flow rate or duration of the sampling event). If the concentration determined by analysis of any grab sample, composite sample, or discrete portion of a composite sample exceeds the instantaneous maximum concentration, the instantaneous maximum concentration shall be deemed to have been exceeded. Any discharge of a pollutant at or above a specified instantaneous maximum concentration is a violation of this chapter.
INTERCEPTOR SEWER. A sewer intended to receive dry weather flow from a number of transverse sewers or outlets that conducts such waters to a point for treatment or disposal.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; or (2) 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 in compliance with the following statutory provisions and regulations or permits issued there under (or more stringent State or local regulations, as applicable): § 405 of the Act; the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as RCRA, and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
LATERAL SEWER. A sewer that is designed to receive a building sewer.
LOCAL UNIT. The City of Auburn, Bay County, Michigan, acting by and through its duly authorized agents, deputies and representatives.
MAY is permissive. (See SHALL.)
MONTHLY AVERAGE. The concentration (or mass loading, expressed in terms of pounds per day) that shall not be exceeded for any single calendar month. Where expressed in terms of a concentration, the monthly average limit means the sum of the concentrations of a pollutant obtained through sample analysis during a calendar month divided by the number of samples taken during that calendar month. Where expressed in terms of a mass loading, the monthly average limit means the sum of the daily mass loadings of a pollutant obtained through sample analysis during a calendar month divided by the number of days that mass loading samples were taken during that calendar month. The concentrations (or loadings) that are added are single numbers for single calendar days for all days during the calendar month for which analyses are obtained (whether by the user or the POTW), but the concentrations (or loadings) may be based upon a sample or samples taken over either all or part of that day and upon single or multiple analyses for that day, as determined by the WWTP Superintendent. Sampling for monthly average shall be by composite samples, except that a minimum of four grab samples shall be taken in lieu of a 24-hour flow proportioned composite sample for a single day for pH, cyanide, phenol (T), residual chlorine, oil and grease, sulfide, and volatile organic compounds (and any other parameters specified by the WWTP Superintendent). If it is not feasible to obtain a flow proportioned composite sample, a time proportioned composite sample or a minimum of four grab samples may be used in lieu of the flow proportioned composite sample if the user demonstrates to the WWTP Superintendent that representative samples will be obtained. If the pollutant concentration in any sample is less than the applicable detection limit, that value shall be regarded as zero when calculating the monthly average concentration (except as otherwise provided in a permit, order or agreement issued under this chapter). If no samples are taken during particular months because less than monthly sampling is required for a pollutant parameter (e.g., a specified quarterly monitoring period), the monthly average for each month within the specified monitoring period shall be deemed to be the sum of concentrations (or loadings) for the monitoring period divided by number of samples taken during the monitoring period.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
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 § 307(c) of the Act that will be applicable to the source, if pretreatment 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 division (b) or (c) of, above, but otherwise alters, replaces, or adds to existing process or production equipment. Commencement of construction of a new source shall be determined in a manner consistent with 40 C.F.R. § 403.3(k)(3).
NON-DOMESTIC USER. Any user other than a domestic user.
NORMAL STRENGTH DOMESTIC WASTE. A domestic waste flow for which the levels of pollutants (including, without limitation, BOD, TSS, ammonia nitrogen, or phosphorous) are below the surcharge levels for any parameter as established by this chapter. Further, to be considered normal strength, the wastewater must have a pH between 6.5 and 9.5, and must not contain a concentration of other constituents that would interfere with POTW treatment processes.
NPDES PERMIT. A permit issued pursuant to § 402 of the Act.
OPERATION AND MAINTENANCE. All work, materials, equipment, utilities and other effort required to operate and maintain the POTW consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES permit and other applicable state and federal regulations.
PASS THROUGH. A discharge that exits the POTW into waters of the state (or waters of the United States) in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, 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).
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, society, group, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. As used in this chapter, the masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT. The term POLLUTANT includes, without limitation, all of the following:
(1) Any material that is discharged into water or other liquid, including, without limitation, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.
(2) Properties of materials, including, but not limited to, pH and heat.
(3) Substances regulated by categorical standards.
(4) Substances discharged to the POTW that are required to be monitored by a user under this chapter, are limited in the POTW's NPDES permit, or required to be identified in the POTW's application for an NPDES permit.
(5) Substances for which control measures on industrial users are necessary to avoid restricting the POTW's residuals management program; to avoid operational problems at the POTW; or to avoid POTW worker health and safety problems.
POTW (PUBLICLY OWNED TREATMENT WORKS). The complete West Bay County Regional Wastewater sewage disposal system and “treatment works” (as defined by the Act), including any devices, equipment, structures, property, processes and systems used in the storage, treatment, recycling or reclamation of wastewater, sewage or sludge, as well as sewers (including all main, lateral and intercepting sewers), manholes, inlets, pipes and other conduits and conveyances used to collect or convey wastewater or sewage from any source to the treatment works, as now or hereafter added to, extended or improved. The term POTW is also used to refer to the Department acting in its capacity as the Control Authority to administer and implement this chapter and the approved industrial pretreatment program.
POTW TREATMENT PLANT. The portion of the POTW that is designed to provide control and treatment (including recycling or reclamation) of sewage and industrial waste (commonly referred to as the wastewater treatment plant or WWTP).
PREMISES. A lot or parcel of land, or a building or structure, having any connection, direct or indirect, to the POTW, or from which there is a discharge to the POTW.
PRETREATMENT (or TREATMENT). The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except for the use of dilution as prohibited by MAC R 323.2311(6).
PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with § 307(b) and (c) of the Act that applies to industrial users, including prohibitive discharge limits and local limits established under MAC R 323.2303 and categorical standards.
PRIVATE. Jurisdiction by a nongovernmental entity.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that have 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 of an inch in any dimension.
PUBLIC. Jurisdiction by a governmental entity.
PUBLIC SEWER. A sewer in which all owners of abutting property have equal rights and that is controlled by public authority.
REPLACEMENT. The replacement in whole or in part of any equipment or facilities in the POTW to ensure continuous treatment of wastewater in accordance with the NPDES permit and other applicable state and federal regulations.
SANITARY SEWER. A sewer intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not intentionally admitted.
SEPTAGE. Any human excrement or other domestic waste, including graywater and other material or substance removed from a portable toilet, septic tank, seepage pit, cesspool, holding tank, or other similar enclosure that receives, or is intended to receive, only domestic, non-industrial waste.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that 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.
SEWER. Any pipe, tile, tube or conduit for carrying wastewater or drainage water.
SEWER STUB. The part of the sewerage system extending from the wye branch on the sewer main to the private property or easement line of the property.
SHALL is mandatory. (See MAY.)
SIGNIFICANT INDUSTRIAL USER.
(1) Any industrial user:
(a) Subject to categorical pretreatment standards; or
(b) Any other industrial user that:
1. Discharges to the POTW an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, non-contact cooling and boiler blow-down wastewater);
2. Contributes a process waste stream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is otherwise designated by the WWTP Superintendent as a significant industrial user on the basis that the industrial user has a reasonable potential to adversely affect the operation of the POTW, to violate any pretreatment standard or requirement, or because the WWTP Superintendent determines that a wastewater discharge permit for the user's discharge is required to meet the purposes and objectives of this chapter.
(2) The WWTP Superintendent may determine that a user that meets the criteria of divisions (b)1. and (b)2. above is not currently a significant industrial user, if the Superintendent finds that the user has no reasonable potential to adversely affect the operation of the POTW, to violate any pretreatment standard or requirement, or that a permit is not required to meet the purposes and objectives of this chapter. A determination that a user is not a significant industrial user (or that a permit is therefore not required) shall not be binding and may be reversed by the Superintendent at any time based on changed circumstances, new information, or as otherwise determined necessary by the Superintendent to meet the purposes and objectives of this chapter.
SIGNIFICANT NON-COMPLIANCE. A violation (or group of violations) of applicable pretreatment standards or requirements or any other action (or failure to act) by an industrial user that meets the criteria set forth in § 53.259 of this chapter, or that will otherwise adversely affect the operation or implementation of the POTW's pretreatment program as determined by the WWTP Superintendent.
SLUG, SLUG LOAD, or SLUG DISCHARGE. Any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
SOIL PIPE. The 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 beginning five feet outside the inner face of the building wall.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.
STATE. The State of Michigan.
STORM SEWER or STORM DRAIN. A sewer intended to carry storm water and surface water, street wash, other wash waters, or drainage, but not wastewater.
STORM WATER. The excess water running off from the surface of a drainage area during and immediately after a period of rain or snow melt and is that portion of the rainfall or snow melt runoff and resulting surface flow in excess of that which can be absorbed through the infiltration capacity of the surface of the basin.
SUPERINTENDENT. See WWTP Superintendent.
SURCHARGE. The additional treatment charges made by the POTW for the treatment of wastewater containing pollutants in excess of specified concentrations, loadings or other applicable limits.
SUSPENDED SOLIDS. The suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and that is removable by laboratory filtering (referred to as non-filterable residue in laboratory testing).
TOXIC POLLUTANT. Any pollutant or combination of pollutants that is or can potentially be harmful to the public health or the environment, including, without limitation, those listed as toxic in regulations promulgated by the Administrator of the EPA under § 307(a) of the Act or under other laws.
TRADE SECRET. The whole or any portion or phase of any manufacturing proprietary process or method which is not patented, which is secret, which is useful in compounding an article of trade having a commercial value, and the secrecy of which the owner has taken reasonable measure to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes. Trade secret shall not be construed, for purposes of this chapter, to include any information regarding the quantum or character of waste products or their constituents discharged, or sought to be discharged, into the POTW.
TRUCKED or HAULED WASTE or POLLUTANTS. Any waste proposed to be discharged to the POTW from a mobile source, including, without limitation, holding tank waste.
TSS. Total suspended solids.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable 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 preventive maintenance, or careless or improper operation.
USER. Any person who contributes, causes or permits the contribution, introduction or discharge of wastewater into the POTW, whether intentional or unintentional, and whether direct or indirect.
WASTEWATER. The liquid and water-carried industrial or domestic waste from dwellings, commercial buildings, industrial facilities, and institutions (including, without limitation, contaminated groundwater and landfill leachate), whether treated or untreated, that is contributed, introduced or discharged into the POTW.
WASTEWATER DISCHARGE PERMIT. A permit issued to industrial users as provided by this chapter to control the discharge of wastewater to the POTW and to ensure compliance with applicable pretreatment standards and requirements.
WASTEWATER TRANSMISSION FACILITIES. The facilities for collecting, transporting, regulating, pumping and storing of wastewater.
WASTEWATER TREATMENT WORKS. The arrangement of devices and structures for treating wastewater, industrial wastes, and sludge.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, that are contained within, flow through, or border upon the state or any portion of the state, and as otherwise specified by applicable laws and regulations.
WATERS OF THE UNITED STATES. All waters as defined by 40 C.F.R. § 122.2.
WWTP SUPERINTENDENT(or SUPERINTENDENT). The person designated by the Department to supervise the operation, maintenance, alteration, repair and management of the POTW and who is charged with certain duties and responsibilities by this chapter, or the Superintendent's duly authorized agents, deputies or representatives.
WYE BRANCH. The part of the POTW connecting the sewer main and the sewer stub.
(Ord. 185, passed 4- -2006)