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, as amended, 33 USC 1251, et. seq.
ALTERNATIVE DISCHARGE LIMIT. Limits set by the City in lieu of the promulgated National Categorical Pretreatment Standards, for integrated facilities in accordance with the combined wastestream formula as set by the EPA.
APPROVAL AUTHORITY. The Michigan Department of Environmental Quality (MDEQ) or the U.S. Environmental Protection Agency (EPA).
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(1) In the case of a corporation, a president, secretary, treasurer, vice president of the corporation in charge of a principal business function;
(2) In the case of a partnership or proprietorship, a general partner or proprietor; and
(3) An authorized representative of the individual designated above if:
(a) Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
(b) The authorization is in writing; and
(c) The written authorization is submitted to the POTW.
BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C., expressed in terms of weight per unit volume (milligrams per liter — mg/l).
BUILDING DRAIN. 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, beginning five feet outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the POTW.
BYPASS. The intentional diversion of wastestreams from any portion of an Industrial users treatment facility.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standards as defined in CFR Part 400.
CITY. The City of Big Rapids or its Control Authority.
COD or CHEMICAL OXYGEN DEMAND. A measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
COMBINED WASTESTREAM. The wastestream at industrial facilities where regulated process effluent is mixed with other wastewater (either regulated or unregulated) prior to discharge.
COMPATIBLE POLLUTANT. The pollutants which are treated and removed to a substantial degree by the treatment works. These pollutants are biochemical oxygen demand, suspended solids, pH, fecal coliform, and phosphorus and its compounds.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refriger- ation, or to which the only pollutant added is heat.
CONTROL AUTHORITY. The “Approval Authority” defined hereinabove; or the City Engineer/Utilities Director or his or her designate if the City has an approved Pretreatment Program under the provisions of 40 CFR 403.11.
DILUTION. The reduction in strength or concentration of substances by the addition of water.
DIRECTOR. The Director of the Michigan Department of Environmental Quality.
DOMESTIC SOURCE. A source whose waste normally emanates from residential living units and results from the day-to-day activities usually considered to be carried on in a domicile.
EPA ADMINISTRATOR. The head of the U.S. Environmental Protection Agency.
EXTRA STRENGTH SEWAGE. Sewage containing pollutants or other material in excess of levels normally found in a domestic source.
FOOD SERVICE ESTABLISHMENTS (FSEs). Establishments that prepare food for consumption in a dining, carry-out, or institutional setting, or that prepare food for sale on the premises such as a bakery, grocery or convenience store deli.
GARBAGE. Solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
GOVERNMENTAL USER. Any Federal, State and local government user of the City system.
GRAB SAMPLE. A sample collected at a particular time and place.
HOLDING TANK WASTE. Any waste from holding tanks including but not limited to wastes from vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
INDUSTRIAL COST RECOVERY. Industrial Cost Recovery (ICR) may be defined as the cost recovered from industrial users of the treatment works of the grant amount allocable to the treatment of wastes from such users under Section 204(b) of P.L. 95217.
INDUSTRIAL USER or USER. Any person who introduces pollutants into a POTW from any nondomestic source regulated under the Act, state law or local ordinance.
INDUSTRIAL WASTES. The liquid wastes from industrial process as distinct from sanitary sewage.
INSTITUTIONAL USER. A school, hospital, church, nursing home, or like user.
INTEGRATED FACILITIES. Industrial facilities with a combined wastestream.
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 thereby causes either a NPDES permit violation or prevents sewage sludge use or disposal in compliance with 40 CFR 403.3(i)(2).
LOCAL LIMITS. The concentration expressed in milligrams per liter, that users can not exceed when discharging any waste into the City’s collection system. The Local Limits apply equally to all users. Local Limits will be established based on the results of an engineering evaluation of the wastewater collection and treatment facilities, and shall be approved by the Michigan Department of Environmental Quality before being enforced by the City of Big Rapids.
NATIONAL CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
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) Any 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 divisions (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a “new source” as defined under this definition has commenced if the owner or operator has:
(a) Begun or caused to begin as part of a continuous on site construction program:
1. Any placement, assembly or installation of facilities or equipment; or
2. 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 definition.
NPDES PERMIT or NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT. The Clean Water Act, as amended by Public Law 92-500, prohibits any person from discharging pollutants into a waterway from a point source unless such discharge is authorized by a permit issued either by the U.S. Environmental Protection Agency or by an approved state agency.
OPERATION AND MAINTENANCE or O&M COSTS. All costs, direct and indirect, not including debt service, but inclusive of expenditures attributable to administration, equipment replacement and treatment and collection of wastewater necessary to insure adequate treatment and collection on a continuing basis in conformance with all applicable federal, state and local regulations.
PASS THROUGH. 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, may cause 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, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the
feminine, 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 moles per liter of solution.
POINT OF DISCHARGE. Any discernible, confined and discrete conveyance or vessel from which pollutants are or may be discharged into a public waterway or public sewer system.
POLLUTANT. 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 other contaminant.
POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature 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 sewage works. The reduction or alteration can be obtained by physical, chemical or biological processes, or other process changes or means, except as prohibited by 40 CFR Section 403.6(d).
PRETREATMENT STANDARD or STANDARD. 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.
PRIORITY POLLUTANT. The EPA has determined that there are 127 toxic compounds that can reasonably be expected in the discharges from the 34 categorical industries. These are labeled “priority pollutants.” Each industrial category by nature of their common processes can be expected to discharge certain compounds from the list of 127.
PROHIBITED DISCHARGES. Prohibited discharges are nondomestic user discharges which interfere with or pass through the treatment plant operations. They include but are not limited to the priority pollutants, hazardous materials, and certain characteristics of the water which interfere with the
treatment plant and/or collection system. They are defined as follows:
(1) Chemical compound which interferes with or passes through the treatment process.
(2) Materials which create a fire or explosion hazard in the sewers or treatment works, or which release poisonous gasses.
(3) Materials which obstruct the flow in the sewage collection and/or treatment system.
(4) Materials which will change the pH to highly acidic or alkaline.
(5) Water which increases the treatment influent to above 104° F. (40° C.).
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works as defined by Section 212 of the Act, (33 USC 1292) which is owned in this instance by the City. This includes any sewers that convey wastewater to the POTW treatment plant. For the purposes of this chapter, “POTW” shall also include any sewers that convey wastewater to the POTW from persons outside the City who are, by contract or agreement with the City, users of the POTW.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
REGIONAL ADMINISTRATOR. The administrator of the regional office of the USEPA that has jurisdictional authority within the City of Big Rapids, or anyone designated by this person to act in his or her place.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property or damage to the treatment facilities which may cause 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. A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present.
SEWAGE WORKS. All facilities for the collection, pumping, treating and disposing of sewage.
SEWER. A pipe or conduit for carrying sewage.
SEWER SERVICE CHARGES. A rate charged for providing wastewater collection and treatment service.
SIGNIFICANT INDUSTRIAL USER.
(1) Except as provided in division (2) of this definition, the term “Significant industrial user” means:
(a) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(b) Any other industrial user that discharges an average of 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 wastestream which makes up five 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 POTW 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)).
(2) Upon a finding that an industrial user meeting the criteria in division (1)(b) of this definition has no reasonable potential for adversely affecting the POTW's operation of for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition receive from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE.
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
(2) TECHNICAL REVIEW CRITERIA (or TRC VIOLATIONS, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) 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).
(4) 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 § 53.108 to halt or prevent such a discharge.
(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules.
(7) Failure to accurately report noncompliance.
(8) Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUDGE. The accumulated solids separated from liquids, such as water or wastewater, during processing.
SLUG. Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION or SIC. A classification pursuant to the “Standard Industrial Classification Manual” issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
SUPERINTENDENT. The person in charge of the POTW. The Superintendent shall be appointed by the City Engineer/Utilities Director, subject to the approval of the City Manager, and shall meet the minimum qualifications established by the Michigan Department of Environmental Quality.
SURCHARGE. An extra charge to cover the cost of treating, sampling and testing extra strength sewage.
SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by the wastewater treatment process.
TOTAL PETROLEUM HYDROCARBONS. Petroleum based portion of fats-oils-grease.
TOXIC POLLUTANT. Any pollutant or combination of pollutants which is or can potentially be harmful to public health or environment including those listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the CWA 307(a) or other Acts, or included in the Critical Materials Register promulgated by the Michigan Department of Environmental Quality or other Acts.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set for in § 53.110 due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
U.S. EPA. The United State Environmental Protection Agency which assures the protection of
the environment by abating or controlling pollution on a systematic basis.
USER. Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
USER CHARGE. The charge levied on users of the system for the cost of operation and maintenance of such work pursuant to Section 204b of P.L. 92-500, which charge shall also include cost of replacement.
USER CLASS. The kind of user connected to the sanitary sewers, including but not limited to, residential, industrial, commercial, food service establishment, institutional and governmental.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE. Waters of the State include:
(1) Both surfaces 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 sanitary sewage; and
(2) The flood plain free-flowing waters determined by the Department of Natural Resources on the basis of 100-year flood frequency.
(3) Any other waters specified by state law.
(Ord. 312-3-92, passed 3-16-92; Am. Ord. 493-05-02, passed 5-20-02; Am. Ord. 700-09-16, passed 9-6-16)