Unless the context specifically indicates otherwise, the following terms and phrases shall have the meanings hereinafter designated:
(1) Act or The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
(2) Applicable County Health Department. The Barry-Eaton District Health Department.
(3) Approval Authority. The Director of the Michigan Department of Environmental Quality, or, in the event that the State of Michigan does not have an approved State pretreatment program, the Administrator of EPA Region 5.
(4) Authorized Representative of Industrial User. An authorized representative of an industrial user may be:
A. The principal executive officer of at least the level of vice president, if the industrial user is a corporation;
B. The general partner, proprietor or member, if the industrial user is a partnership, proprietorship or limited liability company;
C. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
(5) 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 the street, road, highway, right-of-way, easement or public or private way, crossing, adjoining, abutting or contiguous to any realty within a special assessment district created for the purpose of constructing said sanitary sewer system on which is located a structure in which sanitary sewage originates.
(6) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees Centigrade expressed in terms of weight and concentration (mg/l).
(7) Board. See Dimondale-Windsor Sewer Board.
(8) Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drain pipes inside the walls of the building and conveys it to the building sewer, or outside the inner face of the building wall.
(9) Building Sewer. A sewer conveying wastewater from the premises of a user to the POTW or other place of disposal.
(10) Categorical Standards. National Categorical Pretreatment Standards or Pretreatment Standard.
(11) Combined Sewer. A sewer receiving sanitary and storm sewage.
(12) Commercial or Non-Domestic Waste. A liquid or water-carried waste material from a commercial business engaged in buying, selling or exchanging goods or engaging in said goods or services.
(13) Compatible Pollutant. A substance amenable to treatment in the Village POTW, such as biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit of the Village POTW, designed to treat such pollutants and which does, in fact, remove such pollutants to a substantial degree. Examples of additional pollutants may include chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen and nitrogen compounds, fats, oils and greases of animal or vegetable nature. (See also "Incompatible Pollutant.")
(14) Control Authority. Refers to the approval authority defined above, or to the Superintendent if the Village has an approved pretreatment program under the provisions of 40 CFR 403.11.
(15) Cooling Water. The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(16) Debt Service Charge. 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. The debt service charge shall be in addition to the user charge specified below.
(17) Dimondale-Windsor Sewer Board. The Board established pursuant to the Utilities Agreement for Sanitary Sewer between the Village of Dimondale and Windsor Charter Township.
(18) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Michigan.
(19) Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
(20) Garbage. Solid waste from the preparation, cooking and dispensing of food, and from the handling, storage, processing and sale of produce.
(21) Grab Sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(22) Health Department. The Barry-Eaton District Health Department.
(23) Holding Tank Waste. Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
(24) Incompatible Pollutant. Any pollutant which is not a compatible pollutant.
(25) Indirect Discharge. The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) and (c) of the Act (33 USC 1317), into the POTW (including holding tank waste discharged into the system).
(26) Industrial User. A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 USC 1342).
(27) Industrial Waste. Liquid waste, solids or semi-solids from industrial processes, trades or businesses, as distinct from sanitary sewage.
(28) Infiltration and Inflow. The total quantity of water from both infiltration and inflow.
(29) Interference. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Village's NPDES permit or reduces the efficiency of the POTW. The term also includes interference in the use of sewage sludge or its disposal by the POTW under the criteria, guidelines or regulations contained in the Village's approved sludge management plan.
(30) Laboratory Determination. The measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurement, test or analysis of Standard Methods for Examination of Water and Wastewater, a joint publication of the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, or in accordance with any other method prescribed by the rules and regulations promulgated pursuant to this chapter.
(31) Lateral Line. That portion of the sewer system located under the street or within the street 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.
(32) Major Contributing Industry. Any industry user of the publicly owned treatment works that:
A. Has a flow of 50,000 gallons or more per average work day;
B. Has a flow greater than five percent of the flow carried by the municipality receiving the wastes;
C. Has in its waste a toxic pollutant in toxic amounts as defined in the standards under Section 307(a) of the Federal Water Pollution Control Act of 1972; or
D. Is found by the permit issuance authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to significantly impact, either singly or in combination with the other contributing industries, on that treatment works or upon the quality of effluent from that treatment works. All major contributing industries shall be monitored.
(33) M.W.R.C. The Michigan Water Resources Commission.
(34) National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to a specific category of industrial users.
(35) National Prohibited Discharge Standard or Prohibited Discharge Standard. Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
(36) Natural Outlet. Any water course, pond, ditch, lake or other body of water, either surface or ground.
(37) New Source.
A. 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;
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 or 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, 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.
B. 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 installation meeting the criteria of this section, but otherwise alters, replaces or adds to existing processes or production equipment.
C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous on-site construction program:
a. Any placement, assembly or installation of facilities or equipment; or
b. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities, which is necessary for the new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or 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 paragraph.
(38) Normal Domestic Strength Wastewater. A sewage or other wastewater which shall be a compatible pollutant as defined above and with BOD of 300 mg/l or less, suspended solids of 350 mg/l or less and total phosphorus of five mg/l or less (as P).
(39) NPDES Permit. A permit issued pursuant to the National Pollution Discharge Elimination System prescribed in Section 402 of the Act.
(40) Obstruction. Any object of whatever nature which substantially impedes the flow of sewage from the point of origination to the trunk line. This shall include, but not be limited to, objects, sewage, tree roots, rocks and debris of any type.
(41) Operation and Maintenance. All work, materials, equipment, utilities and other efforts required to operate and maintain the wastewater transportation and treatment systems consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES Permit and other applicable State and Federal regulations, and including the cost of replacement.
(42) Operations Upset. An exceptional incident in which there is unintentional and temporary non-compliance with categorical pre-treatment standards because of factors beyond the reasonable control of the user. An upset does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
(43) Owner or Owners of Record of the Freehold of the Premises or Lesser Estate Therein. A mortgagor or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building.
(44) Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity or any other legal entity, or its legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
(45) pH. The logarithm (base ten) of the reciprocal of the weight of hydrogen ions expressed in grams per liter of solution.
(46) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, salt or dirt, and industrial, municipal and agricultural waste discharged into the water.
(47) Pollution. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(48) POTW Treatment Plant. That portion of the POTW designed to provide treatment to wastewater.
(49) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, in plant process changes or by other means, except as prohibited by 40 CFR 403.6(d).
(50) Pretreatment Requirements. Any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
(51) Private Sewage Disposal System. Any septic tank, cesspool or other facility intended or used for the disposal of sanitary sewage.
(52) Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
(53) Public Sewer. A sewer in which all owners of the abutting property have equal rights and which is controlled by the Superintendent of the Village's POTW.
(54) Publicly Owned Treatment Works (POTW). The treatment works as defined by Section 212 of the Act, which is owned in this instance by the Village of Dimondale. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the Village who are, by contract or agreement with the Village, users of the Village's POTW, including the Township.
(55) Replacement. The replacement in whole or in part of any equipment or facilities in the wastewater transportation or treatment systems to insure continuous treatment of wastewater in accordance with the NPDES Permit and other applicable State and Federal regulations.
(56) Residential Users. All users that are domiciles or housing units, either single family or multi-family.
(57) Sanitary Sewage. The liquid or water-carried waste discharge from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions.
(58) Sanitary Sewer. A sewer which carries sanitary sewage and industrial waste, or either of them, and to which storm, surface and ground waters are not intentionally admitted.
(59) Sewage. Any combination of sanitary sewage, storm water, industrial waste and uncontaminated industrial waste, or any of them.
(60) Sewer. Any pipe, tile, tube or conduit for carrying sewage.
(61) Shall is mandatory; May is permissive.
(62) Significant Industrial User.
A. Except as provided in Paragraph (62)B. hereof, the term "significant industrial user" means:
1. All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR, Chapter (I), Subchapter (N); and
2. Any and all other industrial users that discharge an average of 25,000 gallons per day or more of processed wastewater to the POTW (excluding sanitary non-contact cooling and boiler blow- down wastewater); contribute a processed waste stream which makes up five percent or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or are designated as such by the Superintendent 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.
B. Upon a finding that an industrial user meeting the criteria of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Superintendent may, at any time, on his or her own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
(63) Slug Load. Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
(64) 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.
(65) Storm Sewer or Storm Drain. A sewer which carries storm water and uncontaminated industrial wastes, or either of them.
(66) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
(67) Superintendent. The person designated to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
(68) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
(69) Township. The Charter Township of Windsor.
(70) Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provisions of CWA 307(a) or other acts.
(71) Useful Life. The estimated period during which the POTW will be operated.
(72) User. Any person who contributes, or causes or permits the contribution of, wastewater into the Village's POTW.
(73) User Charge. A charge levied on users of the Village's POTW for the cost of operation and maintenance of such works and includes the cost of replacement.
(74) Village. The Village of Dimondale or the Village Council of the Village of Dimondale.
(75) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any pollutants which may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
(76) Wastewater Discharge Permit. A permit as set forth in Section 1040.23.
(77) Watercourse. An open channel, either natural or artificial, in which a flow of water occurs, either continuously or intermittently.
(78) Waters of the State. All 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 or any portion thereof.
(Ord. 97-4. Passed 9-8-97.)