Unless the context specifically indicates otherwise, the following terms shall have the following meanings as used in this chapter:
(a) “Act” means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC. 1251, et seq.
(b) “Act 342” means the “County Public Improvement Act of 1939,” as amended, being MCLA 46.171 et seq., which act authorizes, in pertinent part, the establishment by the County of a system or systems of sewer, or sewage disposal improvements and services and disposal facilities and services within or between cities, villages, townships, charter townships, or any duly authorized and established combinations thereof, within or without the county, and mains, trunks, connecting lines, and disposal facilities therefor.
(c) “Authorized Representative.” When used in reference to a nondomestic user, “authorized representative” means as follows:
(1) If the user is a corporation, a responsible corporate officer. “Responsible corporate officer” means: a president, secretary, treasurer, or 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 the principal manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures of more than twenty-five million dollars ($25,000,000.00) in second quarter 1980 dollars, if 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 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 an individual designated in paragraph (1), (2) or (3) above, 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 paragraph (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 for the company or entity), The written authorization must be submitted to the POTW Manager prior to or together with any reports to be signed by the authorized representative.
B. If an authorization under paragraph (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 Manager prior to or together with any reports to be signed by the newly authorized representative.
(d) “Best management practice” or “BMP” means any practice, program, procedure, control, technique or measure (used singularly or in combination), that a user is required to adopt or implement to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other substances to the POTW, as determined necessary by the POTW Manager. BMPs include, but are not limited to: schedules of activities; pollution treatment practices or devices; prohibitions of practices; good housekeeping practices; pollution prevention, minimization and reduction measures; educational practices and programs; maintenance procedures; other management programs, practices or devices; treatment requirements; notice, reporting, and record-keeping requirements; and operating procedures and practices to control or contain site runoff, spillage or leaks, batch discharges, sludge or water disposal, or drainage from product and raw materials storage. BMPs may be structural, non-structural, or both. In determining what BMPs will be required of a user in a particular case, the POTW Manager may consider all relevant technological, economic, practical, and institutional considerations as determined relevant and appropriate by the Manager, consistent with achieving and maintaining compliance with the requirements of this chapter and other applicable laws and regulations.
(e) “BOD” (denoting biochemical oxygen demand) means the quantity of dissolved oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter.
(f) “Building drain” means 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 five (5) feet outside the inner face of the building wall.
(g) “Building sewer” means 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 five (5) feet outside the inner face of the building wall.
(h) “Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment process or facility needed for compliance with pretreatment standards or requirements.
(i) “Categorical user” means a user subject to a categorical pretreatment standard.
(j) “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean Water Act, 33 USC 1317, which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(k) “Cesspool” means an underground pit into which domestic waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.
(l) “CFR” means Code of Federal Regulations.
(m) “Chlorine demand” means the difference between the amount of chlorine available at the end of the contact time, expressed in mg/l.
(n) “COD” means a measure of oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specified test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with biochemical oxygen demand. Also known as oxygen consumed (OCR) and dichromate oxygen consumed (DO), respectively.
(o) “Combined sewer” means a public owned and maintained sewer designed and intended to receive both wastewater and stormwater for discharge to the POTW.
(p) “Compatible pollutant” means a pollutant which, as determined by the POTW Manager, is susceptible to effective treatment by the POTW as designed, and which will not interfere with, or pass through, the POTW, and which is otherwise not incompatible with the treatment processes or in excess of the capacity at the POTW. The term “compatible” is a relative concept that must be determined on a case-by-case basis, in determining whether or not a pollutant is compatible with the POTW, the Manager may consider, without limitation, the nature and qualities of the pollutant, and the concentration, mass, and flow rate at which the pollutant is (or is proposed to be) discharged. Thus, for example, even pollutants such as BOD, fats, oils or grease, phosphorous, suspended solids, and fecal coliform bacteria, which are typically considered “compatible” may be determined incompatible, if discharged in concentrations or flows that would cause interference or pass through or exceed the POTW’s capacity. Specifically excluded from the definition of compatible pollutant are “heavy” metals, PCBs, and any pollutants that will likely contribute or cause operational or sludge disposal problems or unacceptable discharges to the receiving waters.
(q) “Composite sample” means a series of individual samples taken at regular intervals 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. For categorical sampling, a composite sample shall consist of at least four (4) individual samples taken within a twenty-four (24) hour period.
(r) “Cooling water” means water used for cooling purposes only, including both contact and non-contact cooling water.
(s) “Cooling water (contact)” means 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.
(t) “Cooling water (non-contact)” means 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 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).
(u) “County” means Genesee County, Michigan.
(v) “County Agency” means the public body or official as designated by the Genesee County Board of Commissioners pursuant to the provisions of Public Act 342 of the 1939 Public Acts of Michigan, being MCL 46.171 et seq., as amended (the “County Public Improvement Act”). The County Agency has established and organized the Genesee County Water and Waste Services Division (“GCWWSD”) to administer, implement and enforce the provisions of Act 342 and this chapter. Accordingly, for purposes of this chapter, “GCWWSD” may also be used to refer to the “County Agency.”
(w) “County capital improvement fee” or “CCIF” refers to the charge authorized to be assessed to all new applicants for a connection permit to the POTW after May 1, 2002, which charge is used to defray the costs of new construction and expenses related thereto for increasing the capacity of the Genesee County sewage disposal, transportation, and/or treatment system components, respectively, to accommodate new users.
(x) “Daily maximum” means the maximum discharge of pollutants or flow (expressed in terms of concentration, mass loading, pounds, gallons or other unit of measurement) that shall not be exceeded on any single calendar day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged during the day. If a composite sample is required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a single calendar day shall be based on the composite sample collected for that parameter on that calendar day. If grab samples are required for a parameter, the determination whether the daily maximum limitation for that parameter has been exceeded on a calendar day shall be based on the average of all grab samples collected for that parameter on that calendar day. If only one (1) grab sample is collected for a parameter on a given day, the determination whether the daily maximum limitation for that parameter has been exceeded for the day shall be based on the results of that single grab sample.
(y) “Days” means, for purposes of computing a period of time prescribed or allowed by this chapter, consecutive calendar days.
(z) “Debt service charges” means the charges levied to customers of the wastewater system, which are used to pay principal, interest and administrative costs of retiring the debt incurred for construction of the wastewater system.
(aa) “Dilute” means to weaken, thin down or reduce the concentration of pollutants in wastewater.
(bb) “Discharge” means 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 chapter) or indirectly (including, but not limited to, sources such as inflow and infiltration).
(cc) “Domestic septage” means liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar storage or treatment works that receives only domestic waste. “Domestic septage” does not include liquid or solid material removed from a septic tank, cesspool, or similar facility that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease interceptor, grease trap, or other appurtenance used to retain grease or other fatty substances contained in restaurant waste.
(dd) “Domestic treatment plant septage” means biosolids generated during the treatment of domestic waste in a treatment works and transported to a receiving facility or managed in accordance with a residuals management program approved by the MDEQ.
(ee) “Domestic user” means a user that discharges only segregated normal strength domestic waste into the POTW.
(ff) “Domestic waste” means 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.
(gg) “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.
(hh) “Effluent” means wastewater or other liquid, partially or completely treated, flowing from a reservoir, basin treatment process or treatment plant.
(ii) “Excessive” means at such a flow, rate, magnitude or amount that, in the judgment of the POTW Manager, 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 chapter; or may otherwise adversely impact the public health, safety or welfare or the environment.
(jj) “EPA” means the United States Environmental Protection Agency.
(kk) “Existing source” means any source of discharge that is not a new source as defined by this chapter.
(ll) “Fats” or “FOG” means fats, oil or grease consisting of any hydrocarbons, fatty acids, soaps, fats, waxes, oils, or any other non-volatile material of animal, vegetable or mineral origin that is extractable by solvents in accordance with standard methods.
(mm) “Food establishment septage” means material pumped from a grease interceptor, grease trap, or other appurtenance used to retain grease or other fatty substances contained in restaurant wastes and which is blended into a uniform mixture, consisting of not more than 1 part of that restaurant-derived material per 3 parts of domestic septage, prior to land application or disposed of at a receiving facility.
(nn) “Garbage" means 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.
(oo) “GCWWSD” means the Genesee County Water and Waste Services Division (see “County Agency”).
(pp) “General user permit” means a permit issued to any user other than a significant industrial user as provided by this chapter to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements.
(qq) “Genesee County Sewer Use Ordinance” means Ordinance No. 0605 adopted by the Genesee County Board of Commissioners on November 21, 2006, as amended from time to time.
(rr) “Grab sample” means an individual sample that is taken from a wastestream on a one (1) time basis without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
(ss) “Grinder pump” means, in a grinder pump system, the device to which the building sewer connects and which grinds and pumps the sewage to the public sewer for transportation to the POTW.
(tt) “Grinder pump system” means the publicly-owned grinder pump, controls and pressure discharge pipe, including all control boards, controls, floats, pumps, storage tanks and appurtenances thereto which provides the connection between the privately owned building sewer and the public sewer system.
(uu) “Hazardous waste” means 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 III of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324,11101 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 contribute 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 or the environment if improperly treated, stored, transported, disposed of, or otherwise managed, as determined by the POTW.
(vv) “Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(ww) “Incompatible pollutant” means any pollutant that is not a compatible pollutant.
(xx) “Industrial user” means 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.
(yy) “Industrial user permit” means a permit issued to a significant industrial user, or to such other user as determined appropriate by the POTW Manager, as provided by this chapter to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements.
(zz) “Infiltration” means any waters entering the POTW from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. “Infiltration” does not include, and is distinguished from, inflow.
(aaa) “Inflow” means any waters entering the POTW from sources such as, but not limited to, building downspouts; 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.
(bbb) “Inspector” means any person (and the person’s authorized representatives) designated by the POTW and/or the 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 chapter, and to otherwise act as provided by this chapter.
(ccc) “Inspection fee” means 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.
(ddd) “Instantaneous maximum concentration” means 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 chapter.
(eee) “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; or
(2) 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 in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations) Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (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, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
(fff) “Lateral sewer” means 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.
(ggg) “Local limits” means a specific enforceable prohibition, standard or requirement (numerical or non-numerical) on discharges by nondomestic users established by the POTW to meet the purposes and objectives of this chapter and to comply with applicable State and Federal laws and regulations.
(hhh) “Local Unit” means the City of Davison, Michigan, acting by and through its duly authorized agents, deputies and representatives.
(iii) “May” is permissive.
(jjj) “MAC” means the Michigan Administrative Code.
(kkk) “MDEQ” means the Michigan Department of Environmental Quality.
(lll) “Medical waste" means 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.
(mmm) “mg/1" means milligrams per liter.
(nnn) “Monthly average” means the sum of the concentrations (or mass loadings, expressed in terms of pounds per day, or such other unit of measurement) of a pollutant divided by the number of samples taken during a calendar month. The concentrations (or loadings) that are added are single numbers for single calendar days for all days during the calendar month for which analyses are obtained (whether by the user or the POTW), but the concentrations (or loadings) may be based upon a sample or samples taken over either all or part of that day and upon single or multiple analyses for that day, as determined by the POTW Manager. If no samples are taken during particular months because less than monthly sampling is required for a pollutant parameter (e.g., a specified quarterly monitoring period), the monthly average for each month within the specified monitoring period shall be deemed to be the sum of concentrations (or loadings) for the monitoring period divided by number of samples taken during the monitoring period.
(ooo) “Multiple-family residential dwelling” means any structure used for residential dwelling purposes, other than a single-family detached dwelling.
(ppp) “NAICS” or “North American Industrial Classification System” means the system of classification for business establishments adopted by the U.S. Office of Management and Budget, as amended.
(qqq) “Natural outlet” means any naturally formed outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
(rrr) “New source” means 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 pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section provided that:
(1) The building, structure, facility or installation is constructed at a site at which no other source is located; or
(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, 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.
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 paragraphs (rrr)(2) or (3) of this section, above, 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).
(sss) “Non-contact cooling water.” See “cooling water (non-contact).”
(ttt) “Nondomestic user” means any user other than a domestic user (i.e., any user that discharges anything other than segregated normal strength domestic waste into the POTW).
(uuu) “Nondomestic waste” means any wastewater (or water- or liquid-carried waste) other than domestic waste.
(vvv) “Normal strength domestic waste” means a domestic waste flow for which the levels of pollutants (including, without limitation, BOD, TSS, ammonia nitrogen, or phosphorous) are below the surcharge levels for any parameter as established by this chapter. Further, to be considered normal strength, the wastewater must have a pH between 6.5 and 8.5, must not exceed any local limit, and must not contain a concentration of other constituents that would interfere with POTW treatment processes.
(www) “NPDES permit” means a permit issued pursuant to Section 402 of the Act.
(xxx) “Operation and maintenance costs” means all costs, direct and indirect (other than debt service), necessary to ensure adequate wastewater treatment on a continuing basis, to keep odors under control, to conform with all related federal, state and local requirements, and to assure optimal long-term facility management. Operation and maintenance costs include depreciation and replacement costs.
(yyy) “Outfall” means the point (or points) of discharge by a user to the POTW, approved by the POTW and specified in a user permit.
(zzz) “Pass through” means 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, is a cause of 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), or otherwise detrimentally impacts the receiving stream.
(aaaa) “Person” means any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(bbbb) “pH” means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
(cccc) “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 chapter, 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.
(dddd) “POTW” or “publicly owned treatment works” means the complete sewage disposal, transportation and treatment system of Genesee County, Michigan, as defined by the Act, the County Public Improvement Act, and this chapter, 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 chapter 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.
(eeee) “POTW Board of Appeals” means the three (3) person panel selected by the County Agency to hear an appeal from any person aggrieved by a decision of the POTW Manager and to make a recommendation to the County Agency as to an appropriate disposition of the appeal.
(ffff) “POTW treatment plant.” The portion of the POTW that is designed to provide treatment (including recycling or reclamation) of wastewater.
(gggg) “POTW Manager” or “Manager” means 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 chapter. References to “POTW Manager” or “Manager” shall include the Manager’s authorized representatives.
(hhhh) “Premises” means 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.
(iiii) “Pretreatment” means 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.
(jjjj) “Pretreatment requirement” means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on a nondomestic user.
(kkkk) “Pretreatment standard” means 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, MCL §§ 324.3101 et seq., including general and specific prohibitive discharge limits and local limits established in this chapter pursuant to MAC R 323.2303, and categorical standards.
(llll) “Private wastewater disposal system” means a cesspool, septic tank, or similar device which discharges to a suitable drainage field.
(mmmm) “Process wastewater” means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product,
(nnnn) “Properly shredded garbage or other solid material” means garbage or other solid material that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the POTW (or so as to otherwise not result in interference), with no particle greater than one-half (1/2) inch in any dimension.
(oooo) “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
(pppp) “Reasonable potential.” As used in this chapter, a determination of “reasonable potential” by the POTW Manager means a determination made by the Manager that a certain condition, state, result or circumstance exists, or is likely to exist, based upon the quantitative or qualitative factors or information deemed by the Manager to be relevant and appropriate to the determination, consistent with the purposes and objectives of this chapter.
(qqqq) “Replacement” means the replacement in whole or in part of any equipment, appurtenances, accessories or facilities in the POTW to ensure continuous treatment of wastewater in accordance with the POTW’s NPDES permit and other applicable local, state and federal laws and regulations.
(rrrr) “Replacement costs” means expenditures and costs for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the system to maintain the capacity and performance for which the system was designed and constructed.
(ssss) “Residential dwelling” means any structure designed for habitation, including but not limited to houses, mobile homes, apartment buildings, condominiums, and townhouses.
(tttt) “Residential equivalent unit” or “REU” means a standard basis of measuring the relative quantity of sewage, including the benefits derived from the disposal thereof, arising from the occupancy of a single-family detached residential dwelling (but such term shall not necessarily be related to actual use arising from any particular dwelling). The relative relationships between the various users of the system shall be as determined by the County Agency. The assignment of REUs to a particular user shall be determined from time to time by the County Agency, based upon the use to which the user’s property is put. The assignment of REUs for any use shall, in the sole discretion of the County Agency, be based upon the most similar use and shall be enumerated in a document established, maintained, and, amended, as necessary by the County Agency; a copy of which shall be made available for inspection and copying upon request.
(uuuu) “Sanitary sewage.” See “domestic waste.”
(vvvv) “Sanitary sewer” means a sewer intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, and to which storm, surface and ground waters are not intentionally admitted.
(wwww) “Sanitary sewer cleanout septage” means sanitary sewage or cleanout residue removed from a separate sanitary sewer collection system that is not land applied and that is transported by a vehicle licensed under Part 117 of Act 451 of the Public Acts of Michigan of 1994 (MCL §§ 324.11701 et seq., as amended; “Septage Waste Servicers”) elsewhere within the same system or to a receiving facility that is approved by MDEQ.
(xxxx) “Seepage pit” means a cistern or underground enclosure constructed of concrete blocks, bricks or similar material loosely laid with open joints so as to allow the overflow or effluent to be absorbed directly into the surrounding soil.
(yyyy) “Septage waste” means the fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin which is removed from a wastewater system. “Septage waste” consists only of food establishment septage, domestic septage, domestic treatment plant septage, or sanitary sewer cleanout septage, or any combination of these.
(zzzz) “Septic tank” means 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.
(aaaaa) “Service connection” means the portion of the public sewer which extends either to or onto the parcel of land adjacent to the path of the public sewer, and includes the sewer main, tee/wye, valve, check valve, connector pipes, the sewer lead, the grinder pump system, electrical controls and connections at the electric meter (but not including the meter) and appurtenances, but not including the building sewer.
(bbbbb) “Severe property damage” means substantial physical damage to property, or damage to 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 an economic loss caused by delays in production.
(ccccc) “Sewage.” See “wastewater.”
(ddddd) “Sewer” means any pipe, tile, tube or conduit for carrying wastewater or drainage water.
(eeeee) “Sewer lead” means that portion of the service connection which connects to the sewer main located in the public right-of-way and extends to the property line.
(fffff) “Sewer service charge” means the sum of the applicable connection fee, inspection fee, user charge, surcharges and debt service charges.
(ggggg) “Shall” is mandatory.
(hhhhh) “SIC” or “Standard Industrial Classification Code” means a classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
(iiiii) “Significant industrial user” or “SIU” means any nondomestic user:
(1) Subject to categorical pretreatment standards; or
(2) Any other nondomestic user that;
A. Discharges to the POTW an average of twenty-five thousand (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 five percent (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 chapter.
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 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 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 chapter.
(jjjjj) “Single-family detached residential dwelling” means a stand-alone structure in which only one (1) family is intended to reside and that is not attached to any other residential dwelling unit.
(kkkkk) “Sludge” means accumulated solid material separated from liquid waste as a result of the wastewater treatment process.
(lllll) “Slug” means any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
(mmmmm) “State” means the State of Michigan. The term shall include, where applicable, any administrative agency of the State having jurisdiction in the subject matter of this chapter, including (but not limited to) the Michigan Department of Environmental Quality (DEQ).
(nnnnn) “Storm sewer” or “storm drain” means a sewer or drain, either natural or artificial, intended to carry storm water, snowmelt, and surface runoff and drainage, but not wastewater.
(ooooo) “Storm water” means any flow (such as storm water runoff, snow melt runoff, and surface runoff and drainage) occurring during or following, and resulting from, any form of natural precipitation, and is that portion of flow in excess of that which infiltrates into the soil of the drainage area.
(ppppp) “Surcharge” means the additional charges made by the POTW for the treatment of wastewater containing pollutants in excess of specified concentrations, loadings or other applicable limits, or for other purposes specified by this chapter.
(rrrrr) “Suspended solids” (SS) or “total suspended solids” (TSS) means solids that float on the surface of, or are suspended in, water, wastewater, or other liquids and which can be removed by laboratory filtering or other standard methods.
(sssss) “Toxic pollutant” means any pollutant or combination of pollutants that is or can potentially be harmful to the public health, the POTW, or the environment, including, without limitation, those listed in 40 CFR 401.15 as toxic under the provisions of the Clean Water Act, or listed 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.
(ttttt) “Trucked or hauled waste or pollutants” means any waste proposed to be discharged to the POTW from a mobile source, including, without limitation, holding tank waste.
(uuuuu) “Trunk line” means the main sewer line located under any street or within any public right-of-way which collects and transmits the sewage of the various properties served by the sewer system.
(vvvvv) “ug/l” means micrograms per liter.
(wwwww) “Upset” means an exceptional incident hi which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the 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.
(xxxxx) “User” means 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.
(yyyyy) “User debt retirement charge” means the charge levied on all users of the POTW for the cost of any bond debt of which debt repayment is to be met from the revenues of such works.
(zzzzz) “User operating and maintenance charge” means the charge levied on all users of the POTW for the cost of operation and maintenance, including replacement and depreciation of such treatment works.
(aaaaaa) “User permit” means an industrial user permit or a general user permit.
(bbbbbb) “Wastewater” means the liquid and water-carried industrial or domestic waste from dwellings, commercial buildings, industrial facilities, and institutions (including, without limitation, contaminated groundwater and landfill leachate), whether treated or untreated, that is contributed, introduced or discharged into the POTW. The term includes any water that has in any way been used and degraded or physically or chemically altered.
(cccccc) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
(dddddd) “Waters of the State” means all rivers, streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface, or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of Michigan or any portion thereof, and as otherwise specified by applicable laws and regulations.
(eeeeee) “Waters of the United States” means all waters as defined by 40 CFR 122.2 and as otherwise specified by applicable laws and regulations.
(ffffff) “Wye branch” means a local service connection to the sewer that is made at an angle similar to a “wye” so that a sewer cleaning rod will not come into the sewer at a right angle and penetrate the far side, but will travel down the course of the sewer.
(Ord. 2009-02. 5-11-09.)