For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 USC 1251 et seq.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(1) In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
(2) In the case of a partnership or proprietorship, a general partner or proprietor; and
(3) An authorized representative of the individual designated above if:
(a) Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
(b) The authorization is in writing, and
(c) The written authorization is submitted to the POTW.
BYPASS. The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
INDUSTRIAL USER or USER. Any person who introduces pollutants into a POTW from any non-domestic source.
INTERFERENCE. Any discharge which alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and
(2) Therefore is a cause of 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.
NPDES or STATE DISCHARGE PERMIT. A permit issued pursuant to § 402 of the Federal Water Pollution Control Act (33 USC 1342).
NATIONAL CATEGORICAL PRETREATMENT STANDARD, CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 USC 1317(b) and (c)), which applies to a specific category of Industrial Users.
NEW SOURCE. Any building, structure, facility or installation of which the construction commenced after the publication of proposed Pretreatment Standards under § 307(b) (33 USC 1317(b)) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) The construction is a site at which no other source is located; or
(2) The process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or
(3) The production or wastewater generating processes are substantially independent of an existing source at the same site.
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, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant.
PRETREATMENT or TREATMENT. The reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction, into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT STANDARD or STANDARD. Any local, state or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits including those promulgated under 40 CFR 403.5, and categorical pretreatment standards.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act, being 33 USC 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 Act, being 33 USC 1362, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property of 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. Severe property damage does not
mean economic loss caused by delays in production.
SIGNIFICANT INDUSTRIAL USER.
(1) Except as provided in division (2) below of this definition, the term
SIGNIFICANT INDUSTRIAL USER means:
(a) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(b) Any other industrial user that:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
(2) Upon a finding that an industrial user meeting the criteria in division (1)(b) above of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user, or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC).
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after 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 in compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG DISCHARGE. Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
STATE. State of Michigan.
TOXIC POLLUTANT. Any pollutant or combination of pollutants identified as toxic pursuant to § 307(a) of the Federal Water Pollution Control Act, being 33 USC 1317(a), or other federal statutes or in regulations promulgated by the state under state law.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated.
WATERS OF THE STATE. Includes:
(1) Both surfaces and underground waters within the boundaries of this state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey, or dispose of sanitary sewage;
(2) The flood plain free-flowing waters determined by the Department of Natural Resources on the basis of 100-year flood frequency; and
(3) Any other waters specified by state law.
(Ord. passed 2-8-94)