§ 52.05  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT.  The Federal Water pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. §§ 1251 et seq.
   APPROVAL AUTHORITY.  The Chief of the Surface Water Quality Division, Michigan Department of Environmental Quality, or his or her designated appointee.
   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 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second-quarter 1980 dollars), the 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 divisions (1) through (3) above may designate another authorized representative if the authorization is writing, the authorization specified 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 city approves the designation.
   BOD.  The quantity of oxygen required to biochemically decompose organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
   BUILDING DRAIN.  That part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste and other discharge 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 to the building drain to service lateral or other place of disposal.
   BYPASS.  The intentional diversion of waste streams from any portion of an industrial user’s treatment facility needed for compliance with pretreatment standards.
   CATEGORICAL PRETREATMENT STANDARD.  Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(a) and (b) of the Act (33 U.S.C. § 1317), which applies to a specific category of industrial users.
   CITY.  The City of Bronson, Branch County, Michigan, as represented by the Bronson City Council or its agents, including, but not limited to, the City Manager and WWTP Supervisor.
   CITY MANAGER.  The chief administrative officer of the city appointed by the City Council, regardless of title.
   COMPATIBLE POLLUTANT.  BOD, suspended solids, pH, ammonia nitrogen, total phosphorus and fecal coliform bacteria plus any additional pollutants identified in the NPDES permit if the system was designated to treat the pollutants and can, in fact, remove the pollutants to a substantial degree. The term SUBSTANTIAL DEGREE generally means removals on the order of 80% or greater.
   COMBINED SEWER.  A sewer receiving both surface runoff and sewage.
   CONNECTION CHARGE.  The amount charges at the time, and in the amount hereunder provided, to each premise in the city which connects to the system.
   COUNTY.  Branch County.
   CUSTOMER or USER.  Sanitary sewer users as divided into classes by similar process or discharge flow characteristics as follows.
      (1)   RESIDENTIAL CUSTOMER.  The owner of an individual home or dwelling unit, including mobile homes, apartments, condominiums or multi-family dwelling units that are served by individual water meters or service connections, and that discharge only segregated domestic water or wastes from sanitary conveniences.
      (2)   COMMERCIAL CUSTOMER.  Any retail or wholesale business engages in selling merchandise or a service.
      (3)   INSTITUTIONAL CUSTOMER.  Any educational, religious or social organization such as a school, church, nursing home, hospital or other institutional user.
      (4)   GOVERNMENTAL CUSTOMER.  Any federal, state or governmental office or governmental service facility.
      (5)   INDUSTRIAL CUSTOMER.  Any manufacturing establishment which produces a product from raw or purchased material.
      (6)   SIGNIFICANT INDUSTRIAL USER.
         (a)   All industrial users subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter 1, Subchapter N; and
         (b)   Any other industrial user that:
            1.   Discharges an average of 25,000 gallons per day or more of process wastewater to the system (excluding sanitary, non-contact cooling and boiler blow-down wastewater);
            2.   Contributes a process waste stream which makes up 5% or more of the average daily hydraulic or treatment capacity of the city sewage treatment facility; or
            3.   Any industrial user who is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the sewage treatment plant’s operation or for violating any pretreatment standard or requirement.
   CUSTOMER SERVICE CHARGE.  The charge levied to all customers for miscellaneous services and related administrative costs related to the system.
   EPA.  The U.S. Environmental Protection Agency or, where appropriate, the Region 5 Water Management Division Director, or other duly authorized official of EPA.
   EXISTING SOURCE.  Any source or discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to the source if the standard is thereafter promulgated in accordance with § 307 of the Act.
   GARBAGE.  Solid wastes from the domestic and commercial preparation, cooking an dispensing of food and handling, storage and sale of produce.
   GRAB SAMPLE.  A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
   INCOMPATIBLE POLLUTANT.  Any pollutant that is not a compatible pollutant, as defined above.
   INDIRECT DISCHARGE or DISCHARGE.  The introduction of any pollutants in to the POTW from any non-domestic source regulated by § 307(b), (c) or (d) of the Act.
   INDUSTRIAL WASTES.  Liquid wastes from manufacturing processes.
   INFILTRATION.  Any waters entering the sanitary sewer system from the ground including, but not limited to, defective pipes, pipe joints, connections or manhole walls. INFILTRATION does not include and is distinguished from, inflow.
   INFILTRATION/INFLOW.  The total quantity of water from both infiltration and inflow.
   INFLOW.  Any waters entering the sanitary sewer system from the ground including, but not limited to, building down spout, footing or yard drains, cooling water discharges, seepage lines from spring and swampy areas and storm drain cross-connections.
   INSPECTOR.  Any person or persons authorized by the city to inspect and approve the installation of building sewers and their connection to the service lateral.
   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT.  The maximum concentration from other sources, inhibits or disrupts the POTW, its treatment processes or operations of its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s NPDES permit, § 405 of the Act or any other federal or state law or regulation.
   INTERFERENCE.  A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment process or operations of its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s NPDES permit, § 405 of the Act or any other federal or state law or regulation.
   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.
   NATURAL OUTLET.  Any naturally formed outlet to a watercourse, ditch or other body of surface or groundwater.
   NEW SOURCE.  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 limited discharges, provided that:
      (1)   The building, structure, facility or installation is constructed at a site at which no other source is located;
      (2)   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
      (3)   The production or wastewater generating processes of the building, structure or installation are substantially independent of an existing source at the same site.
   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.
   NORMAL STRENGTH SEWAGE.  A sanitary wastewater flow containing an average daily BOD of not more than 200 mg/l; an average daily suspended solids concentration of not more than 250 mg/l; an average daily phosphorus concentration of not more than 10 mg/l; an average ammonia nitrogen concentration of not more than 30 mg/l and containing no constituents that are regarded as incompatible with the system as determined by the city.
   NPDES PERMIT.  The permit issued pursuant to the National Pollution Discharge Elimination System for the discharge of wastewater into the waters of the state.
   O, M & R CHARGE.  The charge levied on all customers for the operation, maintenance and replacement cost associated with the system.
   OPERATION, MAINTENANCE AND REPLACEMENT COSTS.  All costs, direct and indirect, necessary to provide adequate sewage collection and treatment on a continuing basis, to conform with all federal, state and local wastewater management requirements, and to assure optimum long-term management of the system and should include a reasonable allowance for the replacement of the equipment and appurtenances necessary to maintain the intended performance of the system.
   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, is a cause of a violation of any requirements of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.
   PERSON.  Any individual, firm, company, association, society, corporation or group.
   pH.  The acidity or alkalinity of a solution, based on the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
   POLLUTANT.  Dredged soil, 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).
   PREMISES.  The treatment of wastewater flows in privately owned pretreatment facilities prior to discharge into the system.
   PRETREATMENT.  The treatment of wastewater flows in privately owned pretreatment facilities prior to discharge in the system.
   PRETREATMENT REQUIREMENTS.  Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   PRETREATMENT STANDARDS or STANDARD.  Any local, state or federal regulation containing pollutant discharge limits.
   PRIVATE DISPOSAL SYSTEM.  A facility such as a septic tank, cesspool or any facility intended or used for the disposal of sewage.
   PROHIBITED DISCHARGES.  Prohibitions on the discharge of certain substances; these prohibitions appear in § 52.10.
   PROPERLY SHREDDED GARBAGE.  Garbage that has been cut up to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the system, with no particles greater than one-half-inch dimension.
   SANITARY SEWER.  A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted and which all owners of abutting properties have equal rights and which is controlled by the city.
   SEPTIC TANK WASTE.  Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
   SERVICE LATERAL.  The pipe extending from the sanitary sewer to the customer’s property line, including the wye branch.
   SEWAGE.  A combination of the water carried wasters from residences, business buildings, institutions and industrial establishments, together with the ground, surface and storm waters as may be present.
   SHALL.  Mandatory. MAY is permissive.
   SIGNIFICANT NONCOMPLIANCE. An industrial user is in significant noncompliance is the user’s violation meets one or more of the following criteria:
      (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 average limit for the same pollutant parameter;
      (2)   Technical review criteria (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 CBOD, 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 city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city 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 that has resulted in the city’s exercise of it’s emergency authority to halt to prevent such a discharge;
      (5)   Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a discharge permit or enforcement order for starting construction of pretreatment facilities, 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; and/or
      (8)   Any other violation or group of violation which the city determines will adversely affect the operation of implementation of the local pretreatment program.
   SLUG.  Any discharge of a non-routine or episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE.  A classification pursuant to the SIC manual issued by the United States Office Management and Budget.
   STORM DRAIN.  Sometimes termed STORM SEWER.  A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water and other permitted discharges.
   STORM WATER.  Any flow occurring during or following any form of natural precipitation, and resulting from the precipitation, including snowmelt.
   SUSPENDED SOLIDS.  Solids that either float on the surface of, or in the suspension in, water, sewage or other liquids and which can be removed by laboratory filtering.
   SYSTEM.  All facilities of the city and all subsequent additions, including all service laterals, sanitary sewers, pumps, lift stations, sewage treatment facility and all other facilities used or useful in the collection, treatment and disposal of sewage, including all appurtenances thereto and including all extensions and improvements thereto which may hereafter be acquired. The term SYSTEM or SEWER SYSTEM may be used interchangeably with the term POTW.
   TURN ON/OFF FEE.  The amount charged to reinstate service because of violations of the provisions of this chapter.
   UN-METERED CUSTOMERS.  Customers that receive sanitary sewer service and do not receive public water from the city.
   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 excise noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation.
   WASTEWATER TREATMENT PLANT (WWTP).  The portion of the system which is designated to provide treatment of municipal sewage and industrial waste.
   WATERCOURSE.  A channel in which a flow of water occurs, either continuously or intermittently.
   WYE BRANCH.  The portion of the service lateral connected to the sanitary sewer that is made at an angle similar to a “Wye” so that a sewer cleaning rod will come into the sewer at a right angle and penetrate the far side, but will travel down the course of the sewer.
(Ord. 162, passed 8-12-2002)