For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOD (BIOCHEMICAL OXYGEN DEMAND).  Quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20ºC.
   BUILDING DRAIN.  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.
   BUILDING SEWER.  The extension from the building drain to the public sewer or other places of disposal.
   CLEAN WATER ACT.  The federal Pollution Control Act of 1972, being 33 U.S.C. §§ 1251 et seq. (Pub. Law No. 92-500), as amended by the Clean Water Act of 1977, being 33 U.S.C. § 1292 (Pub. Law No. 92-217).
   COMBINED SEWER.  A sewer receiving both surface runoff and sewage.
   COMMERCIAL USER.  A person or entity whose premises are used to offer services and/or products such as retail and wholesale stores, gasoline stations, restaurants, schools, churches, hotels, motels, nursing homes, hospitals, warehouses, private clubs, theaters and governmental buildings. However, some commercial users may also be designated as significant industrial users (SIU) should they meet the criteria established in 40 C.F.R. § 403.3(t), rule 323.2302(cc) of MAC and this division.
   COMPATIBLE POLLUTANT.  A substance amendable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly-owned treatment works was designed to treat pollutants, and, in fact, does remove the pollutant to a substantial degree. Examples of the additional pollutants may include: chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds, fats, oils and greases of animal or vegetable origin.
   CONFINED SPACE, PERMIT REQUIRED.  Space defined by reference to Public Act 154 of 1974, § 90, being M.C.L.A. §§ 408.1001 et seq.
   DEBT SERVICE CHARGE.  Charges levied to customers of the wastewater system and which are used to pay principal, interest, and administrative costs of retiring the debt incurred for construction of the wastewater system. The DEBT SERVICE CHARGE shall be in addition to the user charge.
   DIRECTOR.  Township Superintendent or his or her designated representative responsible for the administration and enforcement of this chapter. As determined in best interest in the township, the Superintendent may designate the Environmental Services Director of the Iron Mountain Kingsford Wastewater Authority or their respective designees as the DIRECTOR.
   DISCHARGER.  Any person or entity owning, controlling, or operating any real property which directly or indirectly utilizes the POTW. DISCHARGER also means any employee, officer, director, partner, member, contractor or other person who participates in, or is legally or factually responsible for, any act or omission which is a violation of this chapter or which results in a violation of this chapter. This definition shall be interpreted broadly to include any person or entity who participates in an act or omission that results in a violation of this chapter.
   DOMESTIC USER.  A person or entity whose premises are domiciles for single- or multiple-family use.
   EFFLUENT.  Waste material (as smoke, liquid, industrial refuse, or sewage) discharged into the POTW.
   ENFORCEMENT ACTION.  Action taken to return a user into a state of compliance with the standards established in this chapter. This may include, but is not limited to, fines, penalties, and compliance schedules.
   FEDERAL GRANT.  A grant in aid in construction of wastewater treatment works provided under Pub. Law No. 92-500, being 33 U.S.C. §§ 1251 et seq., and includes the cost of replacement.
   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, or local government user of the wastewater treatment works.
   INCOMPATIBLE POLLUTANTS.  Any pollutant which is not a compatible pollutant.
   INDUSTRIAL COST RECOVERY.  Recovery by the local agency from industrial users of the treatment works, or that portion of the federal grant amount allowable to the construction of facilities for the treatment of wastes from the users, pursuant to 40 C.F.R. § 35.928.
   INDUSTRIAL EFFLUENT.  Waste matter or material discharged into the POTW from any non-domestic source subject to regulation under § 307(b), (c), or (d) of the Clean Water Act, being 33 U.S.C. §§ 1284 et seq.
      (1)   Any customer of the approving authority which discharges industrial wastes and is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and implemented, under the following divisions:
         (a)   Division A.  Agriculture, Forestry, and Fishing.
         (b)   Division B.  Mining.
         (c)   Division D.  Manufacturing.
         (d)   Division E.  Transportation, Communications, Electric, Gas, and Sanitary Services.
         (e)   Division I.  Services.
      (2)   For the purposes of industrial cost recovery, a user in the divisions listed is excluded if it is determined that it discharges primarily segregated domestic wastes or wastes from sanitary conveniences, or that it discharges the equivalent of 25,000 gallons per day, or less, of sanitary wastes, providing the discharge does not contain pollutants which:
         (a)   Interfere with the treatment process;
         (b)   Are toxic or incompatible; or
         (c)   Contaminate or otherwise reduce utility of the sludge.
      (1)   Wastewater discharges from industrial, manufacturing trade or business processes, as distinct from their employees' domestic wastes or wastes from sanitary conveniences.
      (2)   Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process, or from the development, recovery, or processing of natural resources.
   INFILTRATION.  Water entering a sewer system, including sewer service connections, from the ground, through the manner as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow.
   INSTITUTIONAL USER.  Establishment listed in the SICM involved in a social, charitable, religious, or educational function which, based on a determination by the local agency, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
   INTERFERENCE.  Discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW collection, treatment processes, or operations, or its sludge processes or operations, use, disposal, or causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of the 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 any more stringent state or local regulations: § 405 of the Clean Water Act, being 33 U.S.C. § 1345, the Solid Waste Disposal Act (SWDA), being M.C.L.A. §§ 6901 et seq., (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act, the Clean Air Act, being 42 §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., and the Marine Protection, Research and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
   LATERAL SEWER LINE.  A sewer pipe beginning at the local collector sewer or other connection point and extending to the premises actually served. The lateral sewer includes the stub to which a user connects.
   LOCAL AGENCY.  Township or its designated official of the Department.
      (1)   Any industrial users of the publicly-owned treatment works that:
         (a)   Have a flow of 50,000 gallons or more per average workday;
         (b)   Have a flow greater than 5% of the flow carried by the municipal system receiving the waste;
         (c)   Have in its waste, a toxic pollutant in toxic amounts as defined in the standards issued under § 307(a) of the Act, being 33 U.S.C. §§ 1284 et seq.; or
         (d)   Is found by the permit issuance authority in connection with the issuance of an NPDES permit to the publicly-owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality or effluent from that treatment works.
      (2)   All major contributing industries shall be monitored.
   MDEQ.  Michigan Department of Environmental Quality.
   NATURAL OUTLET.  Any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
      (1)   Any building, structure, facility or installation of which the construction commenced after the publication of the proposed pretreatment standards under 33 U.S.C. § 307(c), being 33 U.S.C. §§ 1284 et seq., which will be applicable to the source if the standards are thereafter promulgated in accordance with that section provided that:
         (a)   The construction is a site at which no other source is located;
         (b)   The process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or
         (c)   The production or wastewater generating processes are substantially independent of an existing source at the same site.
      (2)   See 40 C.F.R. § 403.3(k) (2-3) or rule 323.2302(r) of the state Administrative Code for the remainder of the definition.
   NPDES PERMIT.  Permit issued pursuant to the National Pollutant Discharge Elimination System prescribed in Pub. Law No. 92-500, being 33 U.S.C. §§ 1251 et seq.
   OPERATION AND MAINTENANCE.  All work, materials, equipment, utilities, and other effort required to operate and maintain the wastewater transportation and treatment system consistent with ensuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES permit and other applicable state and federal regulations, and includes the cost of replacement.
   PARTS PER MILLION (MILLIGRAMS PER LITER).  A weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.
   PASS THROUGH.  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 POTW's NPDES permit (including an increase of the magnitude of duration of a violation).
   PERSON.  Any individual, firm, company, association, society, or group or corporation.
   pH.  Logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10 -7.
   PHOSPHORUS.  The element of the same name, the concentration of which in wastewater is ascertained by the test for total phosphorus, as defined in Standard Methods.
   POLLUTANT.  Includes, but is not limited to, 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 or other substance defined as a pollutant under the Clean Water Act.
   POTW (PUBLICLY OWNED TREATMENT WORKS).  A treatment works as defined by § 212 of the Clean Water Act, being 33 U.S.C. § 1292, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in § 502(4) of the Clean Water Act which has jurisdiction over the indirect discharges to and the discharges from the treatment works. Unless the context clearly indicates otherwise, the POTW or system includes only the sewers, pipes, and equipment located in the township that are used to convey wastewater to the treatment facility.
   PRETREATMENT.  The reduction in 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 the pollutants into a POTW. The reduction or alteration can be physical, chemical, or biological processes, process changes or by other means. Dilution is not considered PRETREATMENT unless expressly authorized by an applicable national pretreatment standard for a particular industrial category.
   PRETREATMENT REQUIREMENTS.  Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
   PROPERLY SHREDDED GARBAGE.  Wastes from the preparation, cooking or dispensing of food that have been shredded to the 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.
   PROPERTY OWNER.  Any person having legal or equitable title to real property, or any person having or exercising care, custody, or control over any real property.
   PUB. LAW NO. 92-500.  The federal Water Pollution Control Act of 1972, (Pub. Law No. 92-500 of the 92nd Congress), being 33 U.S.C. §§ 1251 et seq., and adopted on October 18, 1972.
      (1)   Common sewer controlled by a governmental agency or public utility.
      (2)   Sewer in which all owners of abutting properties have equal rights, and is controlled by the local agency.
   REPLACEMENT.  The replacement in whole or in part of any equipment in the wastewater transportation or treatment systems to ensure continuous treatment of wastewater in accordance with the NPDES permit and other applicable state and federal regulations.
   REPLACEMENT COST.  Cost associated with maintaining a fund with sufficient resources to provide for obtaining and installing the equipment associated with the wastewater treatment works at the end of the service life of each equipment item. The yearly replacement cost is calculated as follows:
(c)(i) (1+ i) n
(1+i)s - 1
      an is the yearly replacement cost for the nth year;
      c, the present value for all of the equipment to be replaced, is;
      i is the interest rate at which funds are invested;
      s, average projected service life of the equipment being replaced, is 20 years; and
      n is the difference between the current year and 1980.
   RESIDENTIAL USER.  User of the treatment works whose premises or buildings are used primarily as a domicile for one or more persons, including dwelling units such as detached, semidetached and row houses, mobile homes, apartments, or permanent multi-family dwellings. Transit lodging is not included; it is considered commercial.
   SANITARY SEWAGE.  Synonymous with DOMESTIC SEWAGE and DOMESTIC WASTEWATER and means any combination of liquid and water-carried wastes discharged from sanitary plumbing facilities. SANITARY SEWAGE shall be assumed to have the following waste concentrations:
      (1)   BOD:  200 mg/l;
      (2)   Suspended solids:  240 mg/l; and
      (3)   Other:  No substances as prohibited or limited in section.
   SANITARY SEWER.  Sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of groundwater, storm water, and surface waters that are not admitted intentionally.
   SERVICE CHARGE.  Total charge to customers of the township and means the sum of the user charge and debt charge.
   SEVERE PROPERTY DAMAGE.  Substantial physical damage to property, damage to the treatment facilities of a user which causes them to become all or partially 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.
      (1)   Combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with the groundwater as may be present.
      (2)   Spent water of a community. The preferred term is WASTEWATER.
   SEWAGE TREATMENT PLANT.  Any arrangement of devices and structures used for treating sewage.
   SEWAGE WORKS.  All facilities for collecting, pumping, treating and disposing of sewage.
   SEWER.  Pipe or conduit that carries wastewater or drainage water.
   SEWER SERVICE CHARGE.  The sum applicable of the user charge, surcharges, industrial cost recovery and debt service charges.
   SLUG.  Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
   STANDARD METHODS.  The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
      (1)   A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
      (2)   Carries storm water and surface water and drainage, but excludes sewage and polluted industrial wastes.
   STORM WATER RUNOFF.  The portion of the rainfall that is drained into the sewers.
   SURCHARGE.  As a part of the service charge, any customer discharging wastewater having strength in excess of 250 mg/l BOD and 300 mg/l SS shall be required to pay an additional charge to cover the cost of treating the excess strength wastewater.
   SUSPENDED SOLIDS (SS).  Total suspended matter that either floats on the surface of, or is in the suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as non-filterable residue.
   UNPOLLUTED WATER.  Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
   USER CHARGE.  Charge to customers of the approving authority which shall adequately provide for proportionate recovery of the operation and maintenance costs of the wastewater treatment works.
   USER CLASS.  Kind of user connected to sanitary sewers including, but not limited to, residential, industrial, commercial, institutional and governmental.
   WASTEWATER.  The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.
   WASTEWATER FACILITIES.  The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
   WASTEWATER TREATMENT WORKS.  An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANT or WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL PLANT.
   WATERCOURSE.  Channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 3-2008, passed 4-28-2008)