§ 68-1 DEFINITIONS.

   ACT. The federal Water Pollution Control Act (also known as the Clean Water Act), 33 USC 1251, et seq., as amended.

   ADMINISTRATIVE ADJUSTMENT. An enforcement mechanism intended to allow for flexibility in developing a plan between the POTW and a user discharging to the POTW for taking measures to correct a violation or violations of this article.

   APPROVAL AUTHORITY . The Director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or an NPDES state without an approved pretreatment program.

   ATTORNEY . The City Attorney.

   AUTHORIZED REPRESENTATIVE OF THE USER . A person who is:

      (1)   If the user is a corporation, a principal executive officer of at least the level of Vice-President;

      (2)   If the user is a partnership or proprietorship, a general partner or proprietor, respectively;

      (3)   If the user is a federal, state or local governmental entity, the principal executive officer, ranking elected official, or director having responsibility for the overall operation of the discharging facility;

      (4)   A duly authorized representative of the individual designated in subsection (1), (2) or (3) of this definition 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 (1), (2) or (3) 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 of the company or entity). The written authorization must be submitted to the POTW superintendent prior to or together with any reports to be signed by the authorized representative.

         (b)   If an authorization under division (4)(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 POTW superintendent prior to or together with any reports to be signed by the newly authorized representative.

   AVAILABLE PUBLIC SANITARY SEWER SYSTEM . A public sanitary sewer system located in a right-of-way, easement, highway or public way which crosses, adjoins, abuts, or is contiguous to the realty involved and passes not more than 200 feet at the nearest point from a structure in which sanitary, sewage originates, or, in the case of all other real estate or land, a sewer which is located in a street, road, highway, right-of-way, easement, or public or private way crossing, adjoining, abutting or contiguous to any real estate or land within a special assessment district hereafter created, on which is located a structure in which sanitary sewage originates.

   BACKFLOW . Water of questionable quality, waste or other contaminants entering a public water supply system due to a reversal of flow.

   BASE CHARGE . The charge calculated on the basis of meter capacity ratio in accordance with § 68-101 of this chapter.

   BIOCHEMICAL OXYGEN DEMAND OR BOD . The quantity of oxygen utilized in the biological oxidation of organic matter under standard laboratory procedures in 5 days at 20 degrees Celsius, expressed as milligrams per liter as required by EPA approved methods under 40 CFR Part 136.

   BONDS . At any time, bonds issued by or on behalf of the city for purposes of financing improvements to the system and outstanding, secured by or payable from the revenues of the system.

   BOND RESERVE ACCOUNT . The separate account in the Redemption Fund required to be established and maintained in accordance with the terms of any bonds issued by the city and secured by the net revenues of the system.

   BUILDING SEWER . The sewer that connects the building in which the sanitary sewage originates to the public sewer or other place of disposal and conveys the sewage of only 1 building.

   BYPASS . The intentional diversion of wastestreams from any portion of an industrial user’s treatment facility.

   CAPITAL EXPENSES . Includes:

      (1)   Normal annual replacement of existing facilities;

      (2)   Normal annual extensions and improvements; and

      (3)   Major capital replacements and improvements.

   CATEGORICAL INDUSTRIAL USER. A non-domestic user subject to a categorical pretreatment standard.

   CATEGORICAL PRETREATMENT STANDARD . Any regulation containing pollutant discharge limits promulgated by EPA in accordance with §§ 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users that appear in 40 CFR Chapter 1 Subchapter N, Parts 405-471.

   CITY-TOWNSHIP CONTRACT . The agreement between the city and the Township of Eaton, dated March 12, 1979, and its amendments or the agreement between the city and the Township of Carmel, dated August 28, 2000, and its amendments and any future intergovernmental agreements between the city and the Township of Eaton and/or the Township of Carmel.

   COMBINED SEWER . A sewer intended to serve as a sanitary sewer and a storm sewer or as an industrial sewer and a storm sewer.

   COMMERCIAL USERS . Any establishment being involved in a commercial enterprise, business or service. Any commercial user which discharges any waste other than normal strength domestic waste or has the reasonable potential, as determined by the POTW superintendent, to discharge any waste other than normal strength domestic waste into the POTW shall be deemed a non-domestic user for purposes of this article.

   COMPATIBLE POLLUTANT . A regulated pollutant which, as determined by the POTW superintendent at the superintendent’s sole discretion, is susceptible to effective treatment by the POTW as designed, and which will not interfere with, or pass through the POTW.

   COMPOSITE SAMPLE. A series of individual samples taken at regular intervals, collected on a time-proportional or flow-proportional basis, 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.

   CONSUMPTION CHARGE . The charge calculated on the basis of metered gallons per day of water consumed as described in § 68-101.

   COOLING WATER. Water used for cooling purposes only, including both contact and non-contact cooling water.

   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 product, final product, or waste, and that does not contain a detectable level of contaminants (including water treatment chemicals or any other substance) higher than that of the intake water (for example, the water discharged from uses such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat).

   COVERAGE REQUIREMENT . The promise to bondholders to maintain net revenues at annual amounts at a percentage of debt service greater than 100%.

   CROSS CONNECTION . A connection or arrangement of piping or appurtenances through which a backflow could occur.

   DEBT SERVICE EXPENSES . The principal and interest payments on any outstanding bonds of the system, including mandatory redemption requirements, mandatory deposits into the Bond Reserve Account, if any, plus the amount necessary to meet any coverage requirements then in effect, and any amounts necessary and permitted to pay debt service on any general obligation bonds of the city incurred for system purposes.

   DIRECTOR . The Director of the Department of Works.

   DIRECT CONNECTION . The connection of a premises wherein sanitary sewage originates directly to sewer lines constructed by the city.

   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 residential dwelling purposes (“sanitary sewage”). Domestic waste may not include any waste resulting from industrial or commercial processes, including, but not limited to, 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 as waste from residential dwelling units. The determination of whether or not a waste is domestic waste shall be made by the POTW superintendent at the superintendent’s sole discretion as determined necessary by the superintendent to achieve the purposes and objectives of this article.

   ENVIRONMENTAL PROTECTION AGENCY OR EPA. The United States Environmental Protection Agency or its duly authorized officials and representatives.

   EXCESSIVE. At such a flow, rate, magnitude or amount that, in the judgment of the POTW superintendent, it may cause damage to any facility or the POTW; may be harmful to the wastewater treatment processes; may adversely affect the management or operation of the POTW or POTW sludge management or disposal; may cause pass through or interference; may violate any pretreatment standard or requirement; may adversely affect the quality of the receiving waters or the ambient air quality; may endanger worker health and safety; may constitute a public nuisance; may be inconsistent with the requirements, purposes or objectives of this article; or may otherwise adversely impact the public health, safety or welfare or the environment.

   EXISTING SOURCE. Any source of discharge that is not a new source as defined by this article.

   FATS. Fats, oil or grease (FOG) consisting of any hydrocarbons, fatty acids, soaps, fats, waxes, oils, or any other non-volatile or semi-volatile materials of animal, vegetable or mineral origin that is extractable by solvents in accordance with methods approved by EPA under 40 CFR Part 136.

   FEDERAL GRANT . The grant to be made for the construction of wastewater collection, transportation and treatment works provided under Pub. L. 92-500 or subsequent amendments.

   FLOOR DRAIN. Piping that collects and conveys non-stormwater waste from the interior of a building to a building sewer.

   FLOW PROPORTIONAL SAMPLE. A composite sample taken with regard to the flow of the waste stream.

   GARBAGE . Solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce or from the preservation or packaging of food. It is composed largely of putrescible organic matter and its natural or added moisture content.

   GENERAL OBLIGATION DEBT FUND . The separate fund established from time to time by the city to pay debt service on presently existing or future general obligation bond issues of the city or presently existing or future general obligations or contractual obligations of the city incurred or to be incurred for system expenses.

   GRAB SAMPLE. An individual sample that is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes, and which reasonably reflects the characteristics of the waste stream at the time of sampling.

   GRINDER PUMP. Any electric motor-driven, submersible, pump amounts of macerating all materials found in normal domestic sanitary sewage, including reasonable amounts of objects such as plastics, sanitary napkins, disposable diapers, rubber and the like, to fine slurry and pumping this material through a small diameter discharge.

   GOVERNMENTAL USER . A federal, state or local governmental facility or the facility of any political subdivision thereof not otherwise defined in this section.

   HAZARDOUS WASTE. Any substance discharged or proposed to be discharged into the POTW that (1) if otherwise disposed of would be a hazardous waste under 40 CFR Part 261 or under the rules promulgated under the State Hazardous Waste Management Act (part 111 of the Public Acts of Michigan of 1994, M.C.L.A. §§ 324.1101 et seq., as amended); or (2) is otherwise a waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material that because of its quantity, quality, concentration, or physical, chemical or infectious characteristics may cause or significantly contributed to an increase in mortality or an increase in serious irreversible illness or serious incapacitating but reversible illness, or may pose a substantial present or potential hazard to human health of the environment if improperly treated, stored, transported, disposed of, or otherwise managed, as determined by the POTW.

   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 which is not a compatible pollutant; or any pollutant which may adversely affect the POTW’s treatment process, effluent, or sludge disposal practices; impact worker health and safety; or cause the POTW to violate its NPDES permit. The determination of whether or not a pollutant is incompatible shall be made by the POTW superintendent at the superintendent’s sole discretion as determined necessary by the superintendent to achieve the purposes and objectives of this article.

   INDIRECT CONNECTION . The connection of any premises to any sewer lines not originally comprising the sewer system constructed by the city but connecting thereto; for example, premises served by subdivision and mobile home park sanitary sewers which in turn connect to public sewers.

   INDUSTRIAL USER . Any nondomestic user that 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 WASTES . The wastewater discharges from industrial, trade or business processes as distinct from their employees’ domestic waste or waste from sanitary conveniences.

   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.

   INFLOW. Any waters entering the POTW from sources such as, but not limited to, roof leaders; cellar, yard, and area drains; foundation and footing drains; cooling water discharges; drains from springs and swampy areas; manhole covers; cross connections from storm sewers and combined sewers; catch basins; storm waters; surface runoff; street wash waters; or drainage.

   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 article.

   INSTITUTIONAL USER . A school, hospital, sanatorium, clinic or like user.

   INTERFERENCE . A discharge that, alone or in conjunction with a discharge or discharges from other sources: (1) inhibits or disrupts the POTW, its treatment process or operations, or its sludge processes, use or disposal; and (2) causes or contributes to 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 or regulations or permits issue thereunder (or more stringent state or local regulations as applicable): § 405 of the Clean Water 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.

   IPA. Industrial Pretreatment Administrator.

   LOCAL LIMIT. A specific enforceable prohibition, standard or requirement (numerical or non-numerical) on discharges by user established by the POTW to meet the purposes and objectives of this chapter and to comply with applicable state and federal laws and regulations.

   MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, or dialysis wastes, and includes any medical or infectious wastes as defined by the Michigan Department of Environmental Quality.

   Mg/l . Milligrams per liter.

   MONTHLY AVERAGE. The sum of the daily maximums divided by the number of days sampled during that month.

   MULTIPLE RESIDENTIAL DWELLING . A residence in which more than 1 family resides.

   NATURAL OUTLET . Any naturally formed outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

   NEW SOURCE.   

      (1)   Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act (33 U.S.C. 1317) 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;

         (b)   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge at an existing source; or

         (c)   The production of waste 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 (1)b. or (1)c. of this definition 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 CFR 403.3(k)(3).

      (3)   Construction of a new source has commenced if the owner or operator has:

         (a)   Begun or caused to begin, as part of a continuous onsite 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 subsection.

   NON-DOMESTIC USER. Any user that discharges anything other than normal strength domestic waste into the POTW (i.e., any user other than a domestic user). The determination of whether or not a user is a non-domestic user shall be made by the POTW superintendent at the superintendent’s sole discretion as determined necessary by the superintendent to achieve the purposes of objectives of this article. Any user that has the reasonable potential, as determined by the POTW superintendent, to discharge any waste other than normal strength domestic waste into the POTW, may be deemed a non-domestic user for purposes of this article.

   NON-DOMESTIC WASTE. Any waste which is not entirely composed of normal strength domestic waste. The determination of whether or not a waste is a non-domestic waste shall be made by the POTW superintendent at the superintendent’s sole discretion as determined necessary by the superintendent to achieve the purposes and objectives of this chapter. Any waste which has the reasonable potential, as determined by the POTW superintendent, to be not entirely composed of normal strength domestic waste may be deemed non-domestic waste for purposes of this article.

   NORMAL DOMESTIC STRENGTH WASTEWATER . A sewage or other wastewater effluent which shall be a compatible pollutant and with BOD of 300 milligrams per liter or less, suspended solids of 350 milligrams per liter or less and total phosphorus of 10 milligrams per liter or less.

   NPDES PERMIT . A permit issued pursuant to the national pollution discharge elimination system prescribed in 33 U.S.C. 1251 et seq.

   OPERATION AND MAINTENANCE EXPENSES . Includes, but is not limited to, salaries, wages and fringe benefits for system employees, purchased power, purchased services, chemicals, other materials and supplies, small equipment that does not extend the useful life of the major facilities of the system, and the system’s percentage of general overhead of city administration and support services provided by city employees other than system employees.

   OPERATION AND MAINTENANCE FUND . The fund of the system established by the city for purposes of paying the expenses of administration and operation of the system and current expenses for the maintenance of the system.

   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, causes or contributes to a violation of any requirement of the POTW’s NPDES permit or of any requirement of applicable local, state or federal laws and regulations (including an increase in the magnitude or duration of a violation); causes or contributes to a violation of any requirement of the Act, or detrimental impacts the receiving stream.

   pH. The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

   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, suspended solids, dissolved solids, 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 article, 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 users are necessary to avoid restricting the POTW’s residuals management program; to avoid POTW operational problems; to avoid degradation of water quality; or to avoid POTW worker health and safety problems as determined at the discretion of the POTW superintendent.

   PRETREATMENT (OR THE TREATMENT). 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 the pollutants in 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 dilution is expressly authorized by an applicable pretreatment standard or requirement and by the POTW). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings.

   PRETREATMENT REQUIREMENT. Any substantive or procedural related to pretreatment, other than a national pretreatment standard, imposed on a non-domestic user.

   PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with §§ 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., that applies to non-domestic users including general and specific prohibitive discharge limits and local limits established in this chapter pursuant to MAC R 323.2303, and categorical standards.

   PRIVATE SEWAGE DISPOSAL SYSTEMS . Any septic tanks, lagoons, cesspools or other facilities intended or used for the disposal of sanitary sewage other than via the public sanitary sewer.

   PROPERLY SHREDDED GARBAGE . The waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the public sewers, with no particle greater than one-half inch in any dimension.

   PROPERTY OWNER . The person having legal title to the premises according to the city’s tax records and includes, in the case of a land contract sale, the land contract vendee, provided that the city has been furnished with a copy of the land contract or assignment thereof.

   PUBLICLY OWNED TREATMENT WORKS OR POTW. The complete sewage disposal system and treatment works owned, operated, or controlled by the city as defined by the Act, 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 mains and intercepting sewers), pipes, pumps, lift stations, 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 outside the city who are, by contract or agreement with the city, users of the POTW. References in this article to approvals, determinations, reviews, and the like., BY THE POTW shall mean by the POTW superintendent or the superintendent’s designated representative. The term POTW may also be used to refer to the city as the municipality that has jurisdiction over the discharges to, and discharges from, the treatment works, or to the wastewater treatment plant and its designated representatives as appropriate to the context in which the term is used.

   PUBLIC SEWER or PUBLIC SANITARY SEWER . A sanitary sewer constructed, used or intended for use by the public for the collection and transportation of sanitary sewage for treatment or disposal and owned or operated or controlled by the city or any other political subdivision of the state or connected to such system or in which all owners of abutting properties have equal rights.

   RECEIVING FUND . The fund established on the books and accounts of the city into which all revenues of the system shall be deposited.

   REDEMPTION FUND . The fund established on the books and accounts of the city from which the city shall pay principal and interest on all bonds of the city secured by a lien on the net revenues of the system.

   REPLACEMENT . The obtaining and installing of any equipment, accessories and appurtenances which are necessary during the service life of the system to maintain the capacity and performance to which such system was designed and constructed and to preserve its financial integrity.

   REPLACEMENT AND IMPROVEMENT FUND . The fund established on the books and accounts of the city from which the city shall pay the costs of making repairs, replacements, improvements or enlargements to the system.

   RESERVE AMOUNT . The amount required to be held in the Bond Reserve Account in accordance with any ordinances pertaining to outstanding bonds secured by or payable from the revenues of the system.

   RESIDENTIAL EQUIVALENT or EQUIVALENT   UNIT . The factor representing a ratio of the estimated sewage generated by each user class to that generated by the normal single-family residential user.

   RESIDENTIAL USER . The user of the system whose premises or building is used primarily as a residence for 1 or more persons, including dwelling units such as detached, semidetached townhouses, mobile homes, apartments or permanent multifamily dwellings. For purposes of this article, transient lodgings shall be considered to be a commercial use.

   SANITARY SEWAGE . The liquid or water carried waste discharge from sanitary conveniences of dwellings, including apartments, houses, motels and hotels, office buildings, factories or institutions.

   SANITARY SEWAGE DISPOSAL SYSTEM . All sewers, pumps, lift stations, treatment facilities and other facilities and appurtenances used or useful in the collection, transportation, treatment and disposal of domestic, commercial or industrial wastes, and all easements, rights and land for such easements and rights, and including all extensions and improvements thereto which may be acquired or constructed.

   SANITARY SEWER . The sewer which carries sanitary sewage and industrial waste or either of them into which stormwater, surface water and groundwater are not intentionally admitted.

   SANITARY SEWER PERMIT. The permit required for connection to the POTW. The sanitary sewer permit charge is comprised of an inspection, a capacity charge and the costs of labor and material associated with extending a lead from the sewer main to the property line.

   SEPTIC TANK WASTE. Any sanitary sewage or wastewater from holding tanks such as vessels, chemical toilets, capers, trailers, and septic tanks.

   SEVERE PROPERTY DAMAGE . Substantial physical damage to property, damage to the treatment facilities which causes 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.

   SEWAGE . Any combination of sanitary sewage, stormwater, industrial waste and uncontaminated industrial waste or any of them.

   SEWAGE TREATMENT PLANT or WASTEWATER TREATMENT PLANT . Any arrangement of devices or structures used for the treating of sewage.

   SEWER . A pipe or conduit and appurtenances for transmitting or carrying sanitary sewage, including any device necessary for pumping, lifting or collecting such sewage.

   SEWER LEAD. A sewer pipe extension from the sewer main that receives wastewater from a building or house.

   SIGNIFICANT INDUSTRIAL USER   OR SIU . An industrial user (i.e., any non-domestic user):

      (1)   Subject to categorical pretreatment standards; or

      (2)   Any other industrial 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 broiler 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 industrial user (either singly or in combination with other users) has a reasonable potential to

adversely affect the operation of the POTW, the quality of the sludge, or the POTW’s effluent or air emissions; to violate any pretreatment standard or requirement; or because the POTW determines that a wastewater discharge permit for the user’s discharge is otherwise required for any reason to meet the purposes and objectives of this article.

      (3)   The POTW may determine that a user that meets the criteria of divisions (2)(a) and (b) of this definition, 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 article.

   SIGNIFICANT NONCOMPLIANCE .

      (1)   Chronic violations of discharge limits, defined here as those in which 66% or more of fill of the measurements taken during a 6 month period exceed (by any magnitude)the daily maximum limit or average limit of a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) 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 taken for the same pollutant parameter during a 6 month period equal or exceed the product of the daily maximum limit or the average limit numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) 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) standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority POTW 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 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 to halt or prevent such a discharge.

      (5)   Failure to meet, within 90 days of the schedule 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 may include a violation of best management practices, which the control authority POTW determines will adversely affect the operation or implementation of the local pretreatment program.

   SINGLE-FAMILY DWELLING . A residence in which only 1 family resides.

   SLUG, SLUG LOAD OR SLUG DISCHARGE. Any discharge of non-routine, episodic nature, including, but not limited to, an accidental spill or non-customary batch discharge.

   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.

   STRUCTURE IN WHICH SANITARY SEWAGE ORIGINATES . A building in which a toilet, kitchen, laundry, bathing or other facility which generates water-carried sanitary sewage is used or is available for use for household, commercial, industrial or other purposes.

   SURCHARGE . The additional charge which a user discharging wastewater having strength in excess of the limits set by the city for transmission and treatment within the sanitary sewage system will be required to pay to meet the cost of treating such excessively strong wastewater.

   SUPERINTENDENT OR POTW SUPERINTENDENT. The person designated by the city to supervise the operation, maintenance, alteration, repair and management of the POTW and who is charged with certain duties and responsibilities by the chapter, or the superintendent’s designated representatives.

   SUSPENDED SOLIDS . Solids that either float on the surface of or are in suspension in the water, sewage or other liquids and which are removable by laboratory filter.

   SYSTEM . The complete city water supply system and sanitary sewage disposal systems.

   TABLE OF UNIT FACTORS . The table of unit factors on file with the Director, as amended from time to time, based on a unit equaling 250 gallons of water consumed per day per year.

   TOWNSHIP . The Township of Eaton or the Township of Carmel, Eaton County, Michigan, and any other townships which may connect with the city.

   TOXIC POLLUTANT. Any pollutant or combination of pollutants that is or can potentially be harmful to the public health, the POTW, or the environment, including, but not limited to, those listed as toxic in 40 CFR 401.15 under the provisions of the Clean Water Act, or in the critical materials register promulgated by the Michigan Department of Environmental Quality, or as provided by local, state or federal laws, rules or regulations.

   TRADE SECRET. The whole or any portion or phrase 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 reasonably 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 these rules, to include any information regarding the quantum or character of waste products or their constituents discharged, or sought to be discharged, into the publicly owned treatment works.

   TRUCKED OR HAULED WASTE OR POLLUTANTS. Any waste proposed to be discharged to the POTW from a mobile source, including, but not limited to, holding tank waste.

   UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonably control of the non-domestic 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 premises receiving water and/or sewage disposal service from the system, whether intentional or unintentional, and whether directly or indirectly, including all premises owned or occupied by the city. In addition, USER includes each fire hydrant for which the city shall be deemed to be the owner or occupier.

   USER CLASS OR CUSTOMER CLASS. The category assigned to each user connected to the POTW, as identified in the table of unit factors, including, but not limited to, residential, industrial, commercial, institutional and governmental.

   WASTEWATER . The liquid and water-carried domestic and non-domestic waste from dwellings, commercial buildings, industrial facilities, and institutions (including, but not limited to, contaminated groundwater and landfill leachate), whether treated or untreated, that is contributed, introduced or discharged, directly or indirectly, and whether intentionally or unintentionally, into the POTW. The term includes any water that has in any way been used and degraded, or physically or chemically altered, or to which pollutants have been added. Sometimes generically referred to as SEWAGE .

   WASTEWATER CONTRIBUTION PERMIT . As set forth in § 68-192.

   WATERCOURSE . An open channel, either natural or artificial, in which a flow of water occurs, either continuously or intermittently.

   WATER CONNECTION . That part of the water distribution system connecting the water main with the premises serviced, from the main to the curbstop.

   WATER MAIN . That part of the water distribution system located within the easement lines of streets designed to supply more than 1 water connection.

   WATER SUPPLY SYSTEM . All storage facilities, transmission lines, mains, pumps and other facilities and appurtenances used or useful in the delivery of potable water to all users of the water supply system, including all easements, rights and land for such easements and rights, and including all extensions and improvements thereto which may be acquired or constructed.

   WATER TREATMENT FACILITY. Location and/or structures where a water supply is treated by chemical or physical processes to produce a finished water meeting state drinking water standards and to provide safe water for use by the public.

(1993 Code, § 68-1) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)