§ 52.002   DEFINITIONS.
   Unless the context specifically indicates otherwise, the following terms shall have the following meanings as used in this ordinance:
   AVAILABLE PUBLIC SEWER.  A public sewer or combined sewer within 200 feet of a property line.
   BUILDING DRAIN.  That part of the lowest horizontal piping of a drainage system of a building which receives the discharge from wastewater and other drainage pipes inside the walls of the building and conveys it to the building sewer. The building drain shall be deemed to begin 5 feet outside the inner face of the building wall.
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal (such as a grinder pump). The building sewer shall be deemed to begin 5 feet outside the inner face of the building wall.
   CITY.  The City of Burton, Genesee County, United States acting by and through its duly authorized agents, deputies and representatives.
   CITY SEWER.  The City of Burton arm of the Genesee County Sanitary Sewage Disposal System No. 1 or any other sewer as to which the city has or shall have possession, control and operating responsibility.
   COMMERCIAL USER.  For purposes of system charges, any aggregation of space or area occupied for a distinct purpose such as a retail store, office, laundry, restaurant, or other like units, which is equipped with 1 or more water fixtures draining into the wastewater disposal system, separate and distinct from other units of service.
   CONNECTION FEE or AVAILABILITY FEE. The amount charged at the time and in the amount hereinafter provided, to each premises in the city for connecting directly or indirectly to the system.
   COUNCIL.  The City Council of the City of Burton.
   COUNTY.  Genesee County, Michigan.
   DIRECTOR.  The Director of Public Works of the city.
   DISCHARGE. The introduction of waste, wastewater, effluent or pollutants into the POTW, whether intentional or unintentional, and whether directly (such as through an approved sewer connection or other approved discharge point as authorized by this ordinance or Ordinance No. 2014-1-SO) or indirectly (including, but not limited to, sources such as inflow and infiltration).
   DOMESTIC USER.  A user that discharges only segregated normal strength domestic waste into the POTW.
   DOMESTIC WASTE.  Wastewater (or 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 residential 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. Wastes emanating from sources other than residential dwelling units which are to be considered domestic wastes shall be of the same nature and strength and have the same flow rate characteristics.
   DWELLING UNIT. For purposes of assigning Residential Equivalent Units, a “dwelling” unit shall contain, at a minimum, sleeping facilities, a toilet, a bath or shower, and a kitchen.
   GARBAGE.  Solid wastes from the preparation, cooking, serving, or dispensing of food, from the handling, storage, processing or sale of produce, or from the canning or packaging of food. It is composed largely of putrescible organic matter and its natural or added moisture content.
   GENERAL USER PERMIT.  A permit issued to any user other than a significant industrial user as provided by this ordinance and Ordinance No. 2014-1-SO to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements.
   GENESEE COUNTY SEWER USE ORDINANCE. Ordinance No. 0605 adopted by the Genesee County Board of Commissioners on November 21, 2006, as amended from time to time.
   INDUSTRIAL USER.  Any nondomestic user that, by any means, contributes, causes or permits the contribution, introduction or discharge of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether directly or indirectly.
   INDUSTRIAL USER PERMIT.  A permit issued to a significant industrial user, or to such other user as determined appropriate by the POTW Manager, as provided by this ordinance and Ordinance No. 2014-1-SO to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements.
   INSPECTION FEE.  The amount charged to each applicant by the local unit and/or the POTW at the time an application is made to the local unit and/or the POTW solely for permission to connect to the public sewer. This sewer connection inspection fee includes, but is not limited to, covering the routine cost of inspecting and approving the physical connection of a building sewer and service connection to the public sewer, and the issuance of a sewer connection permit.
   INSPECTOR.  Any person (and the person’s authorized representatives) designated by the POTW, or local unit to observe the construction of and connection of building sewers to the public sewer system, to ensure conformance with the sewer connection requirements of this ordinance, and to otherwise act as provided by this ordinance and Ordinance No. 2014-1-SO.
   LATERAL SEWER.  That portion of the sewer system located under the street or within the public right-of-way from the property line to the trunk line and which collects sewage from a particular property for transfer to the trunk line.
   LOCAL UNIT.  The City of Burton, Michigan, acting by and through its duly authorized agents, deputies and representatives.
   NATURAL OUTLET. Any naturally formed outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   POLLUTANT.  Includes, but is not limited to, any of the following:
      (1)   Any material that is discharged into water or other liquid, including, but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.
      (2)   Properties of materials or characteristics of wastewater, including, but not limited to, pH, heat, TSS, turbidity, color, BOD, COD, toxicity, and odor.
      (3)   Substances regulated by categorical standards.
      (4)   Substances discharged to the POTW that are required to be monitored by a user under this ordinance, that are limited in the POTW’s NPDES permit, or that are required to be identified in the POTW’s application for an NPDES permit.
      (5)   Substances for which control measures on 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 sewage disposal, transportation and treatment system of Genesee County, Michigan, as defined by the Act, the County Public Improvement Act, and this ordinance and Ordinance No. 2014-1-SO, including any devices, 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), pipes and other conveyances used to collect or convey wastewater or sewage to the treatment works, as now or hereafter added to, extended or improved. The term POTW shall also include any sewers that convey wastewaters to the POTW from persons who are, by contract or agreement with the County Agency, users of the POTW. References in this ordinance to approvals, determinations, reviews, etc., “by the POTW” shall mean by the County Agency, the POTW Manager, or their authorized representatives. The term “POTW” may also be used to refer to the GCWWSD (acting through the County Agency) as the entity that has jurisdiction over the discharges to, and discharges from, the POTW (the “control authority”), as appropriate to the context in which the term is used.
   POTW MANAGER or MANAGER.  The person designated by the County Agency as being responsible to administer the POTW’s Industrial Pretreatment Program, and who is charged with certain duties and responsibilities as provided by this ordinance and Ordinance No. 2014-1-SO. References to “POTW Manager” or “Manager” shall include the Manager’s authorized representatives.
   PREMISES.  A lot, tract, or parcel of land, or a building or structure, having any connection, directly or indirectly, to the POTW, or from which there is a discharge to the POTW.
   PRETREATMENT.  The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before or instead of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes; process changes; or other means, except for the use of dilution (unless expressly authorized by any applicable pretreatment standard or requirement and the POTW Manager). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings, subject to applicable requirements of local, state and federal laws and regulations.
   PRETREATMENT REQUIREMENT.  Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on a nondomestic user.
   PRETREATMENT STANDARD.  Any regulation containing pollutant discharge limits promulgated in accordance with Section 307(b) and (c) of the Act or Part 31 of Act 451 of the Public Acts of Michigan of 1994, M.C.L.A. §§ 324.3101 et seq., including general and specific prohibitive discharge limits and local limits established in this ordinance and Ordinance No. 2014-1-SO pursuant to MAC R 323.2303, and categorical standards.
   PRIVATE WASTEWATER DISPOSAL SYSTEM.  A cesspool, septic tank, or similar device which discharges to a suitable drainage field.
   PUBLIC SEWER.  A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
   SEPTIC TANK.  A watertight receptacle receiving sewage and having an inlet and outlet designed to permit the separation of suspended solids from sewage and to permit such retained solids to undergo decomposition therein.
   SEWAGE.  A combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments.
   SEWER. Any pipe, tile, tube or conduit for carrying wastewater or drainage water.
   SIGNIFICANT INDUSTRIAL USER or SIU.  Any nondomestic user:
      (1)   Subject to categorical pretreatment standards; or
      (2)   Any other nondomestic user that:
         (a)   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);
         (b)   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
         (c)   is otherwise designated by the POTW as a significant industrial user on the basis that the user has a reasonable potential to adversely affect the operation of the POTW, to violate any pretreatment standard or requirement, or because the POTW determines that an Industrial User Permit for the user’s discharge is required to meet the purposes and objectives of this ordinance and Ordinance No. 2014-1-SO.
   The POTW Manager may determine that a user that meets the criteria of subsections (2)(a) and (2)(b) of this definition above is not currently a significant industrial user, if the Manager 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 an Industrial User Permit is not required to meet the purposes and objectives of this ordinance and Ordinance No. 2014-1-SO. 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 Manager at any time based on changed circumstances, new information, or as otherwise determined necessary by the Manager to meet the purposes and objectives of this ordinance and Ordinance No. 2014-1-SO.
   STATE.  The State of Michigan. The term shall include, where applicable, any administrative agency of the state having jurisdiction in the subject matter of this ordinance and Ordinance No. 2014-1-SO, including (but not limited to) the Michigan Department of Environmental Quality (DEQ).
   STORM SEWER or STORM DRAIN.  A sewer or drain, either natural or artificial, intended to carry storm water, snowmelt, and surface runoff and drainage, but not wastewater.
   TAP, METER, INSPECTION AND APPROVAL FEE. The amount charged to each applicant at the time an application is made to the city to connect the premises in the city to the sewer distribution system to cover any cost of connection including the cost of the water meter, the cost of installing the line from the main to the property line, the pipe, the cost of inspection and approving the physical connection and the issuance of a connection permit.
   THIS ORDINANCE.  The ordinance adopted as Ordinance No. 2014-2-53 and subsequently codified as Chapter 52 of the Codified Ordinances of the City of Burton as distinguished from the more comprehensive sewer use ordinance adopted as Ordinance No. 2014-1-SO adopted concurrently with this ordinance and adopted as a special ordinance.
   UNIT.  The measure of potential sewage production which is equivalent to the quantity of sewage produced by or emanating from a single-family residence occupied by any average family.  The number of units assigned to premises of various types shall be as set forth in the Table of Unit Factors as referenced in the City of Burton Fee Schedule book.
   USER.  Any person who contributes, causes or permits the contribution, introduction or discharge of wastewater into the POTW, whether intentional or unintentional, and whether directly or indirectly.
   USER PERMIT.  An Industrial User Permit or a General User Permit.
(Ord. 2018-52, passed 6-4-2018; Ord. 2019-6-52, passed 1-22-2019)