For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
AUTHORIZED REPRESENTATIVE. When used in reference to a non-domestic user, AUTHORIZED REPRESENTATIVE means as follows:
(1) If the user is a corporation, a 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 manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where 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; and
(4) A duly authorized representative of an individual designated in divisions (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 divisions (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 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 Manager prior to or together with any reports to be signed by the newly AUTHORIZED REPRESENTATIVE.
BEST MANAGEMENT PRACTICE or BMP. 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, nonstructural, 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.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND). The quantity of dissolved oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to a building sewer. The BUILDING DRAIN shall be deemed to begin five feet outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal (such as a grinder pump). The BUILDING SEWER shall be deemed to begin five feet outside the inner face of the building wall.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Clean Water Act, 33 U.S.C. § 1317, which apply to a specific category of users and which appear in 40 C.F.R. chapter I, subchapter N, parts 405 through 471.
CATEGORICAL USER. A user subject to a categorical pretreatment standard.
CESSPOOL. An underground pit into which domestic waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.
C.F.R. Code of Federal Regulations.
CHLORINE DEMAND. The difference between the amount of chlorine used or present at the beginning of the disinfection process and that available at the end of the contact time, expressed in mg/l.
COD. 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 (DCO), respectively.
COMBINED SEWER. A sewer intended to receive both wastewater and stormwater.
COMPATIBLE POLLUTANT. A pollutant that, 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.
COMPOSITE SAMPLE. A series of individual samples, collected on a flow or time proportional basis, 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, a COMPOSITE SAMPLE shall consist of at least a minimum of one individual aliquot or grab taken every two hours during the discharge period, with a minimum of four individual samples taken during discharge periods of eight hours or less within a 24-hour period.
COOLING WATER. Water used for cooling purposes only, including both contact and noncontact 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 (NONCONTACT). 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).
DAILY MAXIMUM. 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, except pH and dissolved oxygen. 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 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.
DAYS. For purposes of computing a period of time prescribed or allowed by this chapter, consecutive calendar DAYS.
DILUTE. To weaken, thin down, or reduce the concentration of pollutants in wastewater.
DISCHARGE. The introduction of waste, wastewater, effluent, or pollutants into the POTW, whether intentional or unintentional, and whether directly (such as through an approved sewer connection or other approved DISCHARGE point as authorized by this chapter) or indirectly (including, but not limited to, sources such as inflow and infiltration).
DOMESTIC USER. A user that discharges only segregated normal strength domestic waste into the POTW.
DOMESTIC WASTE. Wastewater (or water-carried waste) of human origin generated by personal activities from toilet, kitchen, laundry, or bathing facilities, or by other similar facilities used for household or residential dwelling purposes (“sanitary sewage”). DOMESTIC WASTE shall not include any waste resulting from industrial or commercial processes including, without limitation, any hazardous or toxic pollutants. Wastes that emanate from sources other than residential dwelling units may be considered DOMESTIC WASTES only if they are of the same nature and strength and have the same flow rate characteristics as wastes that emanate from residential dwelling units.
EFFLUENT. Wastewater or other liquid, partially or completely treated, flowing from a reservoir, basin, treatment process, or treatment plant.
EPA. The United States Environmental Protection Agency.
EXCESSIVE. 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; be harmful to the wastewater treatment processes; adversely affect the management or operation of the POTW or POTW sludge management or disposal; cause pass-through or interference; violate any pretreatment standard or requirement; adversely affect the quality of the receiving waters or the ambient air quality; endanger worker health and safety; constitute a public nuisance; may be inconsistent with the requirements, purposes, or objectives of this chapter; or 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 chapter.
FATS or FOG. Fats, oil, or grease consisting of any hydrocarbons, fatty acids, soaps, fats, waxes, oils, or any other nonvolatile material of animal, vegetable, or mineral origin that is extractable by solvents in accordance with standard methods.
FLOW-PROPORTIONAL COMPOSITE SAMPLE. A combination of individual samples of equal volume taken at equal intervals of flow without consideration of the time between individual samples.
GARBAGE. Solid wastes from the preparation, cooking, serving, or dispensing of food, from the handling, storage, processing, or sale of produce, or from the canning or packaging of food. It is composed largely of putrescible organic matter and its natural or added moisture content.
GENERAL USER PERMIT. A permit issued to any user other than a significant industrial user as provided by this chapter to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements.
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.
GRINDER PUMP. 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.
GRINDER PUMP SYSTEM. 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.
HAZARDOUS WASTE. Any substance discharged or proposed to be discharged into the POTW, that: if otherwise disposed of would be a hazardous waste under 40 C.F.R. part 261 or under the rules promulgated under the State Hazardous Waste Management Act (Public Act 451 of 1994, part 111, being M.C.L.A. §§ 324.11101 et seq., as amended); or 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.
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 that is not a compatible pollutant.
INDUSTRIAL USER. Any non-domestic user that, by any means, contributes, causes, or permits the contribution, introduction, or discharge of wastewater or pollutants into the POTW, whether intentional or unintentional, and whether directly or indirectly.
INDUSTRIAL USER PERMIT. A permit issued to a significant industrial user, or to such other user as determined appropriate by the POTW Manager, as provided by this chapter to control discharges to the POTW and to ensure compliance with applicable pretreatment standards and requirements.
INFILTRATION. 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.
INFLOW. 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; stormwaters; surface runoff; street wash waters; or drainage.
INSPECTOR. Any person (and such person’s representatives) designated by the village or the POTW Manager to observe the construction of and/or connection to the public sewer system, to ensure conformance with the requirements of this chapter, and to otherwise act as provided by this chapter.
INSTANTANEOUS MAXIMUM LIMIT. The maximum concentration or other measure of pollutant magnitude 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 or other measure of pollutant magnitude determined by analysis of any grab sample, composite sample, or discrete portion of a composite sample exceeds the INSTANTANEOUS MAXIMUM LIMIT, the INSTANTANEOUS MAXIMUM LIMIT shall be deemed to have been exceeded.
INSTANTANEOUS MINIMUM LIMIT. The lowest measure of pollutant magnitude 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 or other pollutant magnitude determined by analysis of any grab sample, composite sample, or discrete portion of a composite sample is below the specified INSTANTANEOUS MINIMUM LIMIT, the INSTANTANEOUS MINIMUM LIMIT shall be deemed to have been violated.
INTERFERENCE. 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) § 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, being 42 U.S.C. §§ 6901 et seq., the Clean Air Act, being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., and the Marine Protection, Research, and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 1401 et seq..
LATERAL SEWER. The portion of the sewer system located under the street or within the public right-of-way from the property line to the trunk line and which collects sewage from a particular property for transfer to the trunk line.
LOCAL LIMITS. A specific enforceable prohibition, standard, or requirement (numerical or non-numerical) on discharges by non-domestic 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.
M.A.C. The Michigan Administrative Code.
MAY. The act referred to is permissive.
MDEQ. The Michigan Department of Environmental Quality.
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 State Department of Environmental Quality.
mg/l. Milligrams per liter.
MONTHLY AVERAGE. 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.
NAICS or NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM. The system of classification for business establishments adopted by the U.S. Office of Management and Budget, as amended.
NATURAL OUTLET. Any naturally formed outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
NEW SOURCE.
(1) 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 § 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:
(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 of pollutants at an existing source; or
(c) 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.
(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 divisions (1)(b) or (1)(c) 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 C.F.R. § 403.3(k)(3).
ng/l. Nanograms per liter.
NONCONTACT COOLING WATER. See COOLING WATER (NONCONTACT).
NON-DOMESTIC USER. Any user other than a domestic user (i.e., any user that discharges anything other than segregated normal strength domestic waste into the POTW). The determination of whether or not a user is a NON-DOMESTIC USER shall be made by POTW Manager at the Manager’s sole discretion as determined necessary by the Manager to achieve the purposes and objectives of this chapter. Any user that has the reasonable potential, as determined by the POTW Manager, to discharge any waste other than normal strength domestic waste into the POTW, may be deemed a NON-DOMESTIC USER for purposes of this chapter.
NON-DOMESTIC WASTE. Any wastewater (or water- or liquid-carried waste) other than domestic waste. The determination of whether or not a waste is a NON-DOMESTIC WASTE shall be made by POTW Manager at the Manager’s sole discretion as determined necessary by the Manager to achieve the purposes and objectives of this chapter. Any waste that has the reasonable potential, as determined by the POTW Manager, to be not entirely composed of normal strength domestic waste may be deemed NON-DOMESTIC WASTE for purposes of this chapter.
NORMAL STRENGTH DOMESTIC WASTE. 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. The determination of whether or not a waste stream is NORMAL STRENGTH DOMESTIC WASTE shall be made by POTW Manager at the Manager’s sole discretion as determined necessary by the Manager to achieve the purposes and objectives of this chapter.
NPDES PERMIT. A national pollutant discharge elimination system permit issued pursuant to § 402 of the Act.
OPERATION AND MAINTENANCE COSTS. All costs, direct and indirect (other than debt service), necessary to ensure adequate wastewater treatment on a continuing basis, 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.
OUTFALL. The point (or points) of discharge by a user to the POTW, approved by the POTW and specified in a user permit.
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, 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.
PERSON. 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.
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, 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; and
(5) Substances for which control measures on users are necessary to avoid restricting the POTW’s residuals management program; to avoid operational problems at the POTW; or to avoid POTW worker health and safety problems.
POTW (PUBLICLY OWNED TREATMENT WORKS). The complete sewage disposal, transportation, and treatment system of the village as defined by the 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 village, users of the POTW. References in this chapter to approvals, determinations, reviews, and the like, “by the POTW” shall mean by the POTW Manager, or the Manager’s authorized representatives. The term POTW may also be used to refer to the village 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.
POTW MANAGER or MANAGER. The Chairperson of the Village Sewer Committee. This person is responsible to supervise the operation, maintenance, alteration, repair, and management of the POTW, administer the village’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.
POTW TREATMENT PLANT. The portion of the POTW that is designed to provide treatment (including recycling or reclamation) of wastewater.
PREMISES. A lot, tract, or parcel of land, or a building or structure, having any connection, directly or indirectly, to the POTW, or from which there is a discharge to the POTW.
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before or instead of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes; process changes; or other means, except for the use of dilution (unless expressly authorized by any applicable pretreatment standard or requirement and the POTW Manager). Appropriate PRETREATMENT technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings, subject to applicable requirements of local, state, and federal laws and regulations.
PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on a non-domestic user.
PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated in accordance with § 307(b) and (c) of the Act or Public Act 451 of 1994, part 31, being M.C.L.A. §§ 324.3101 et seq., including general and specific prohibitive discharge limits and local limits established in this chapter pursuant to M.A.C. R 323.2303, and categorical standards.
PRIVATE WASTEWATER DISPOSAL SYSTEM. A cesspool, septic tank, or similar device which discharges to a suitable drainage field.
PROCESS WASTEWATER. Any water that, 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.
PROPERLY SHREDDED GARBAGE OR OTHER SOLID MATERIAL. 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 inch in any dimension.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
REASONABLE POTENTIAL. 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.
REPLACEMENT. The replacement in whole or in part of any equipment or facilities in the POTW to ensure continuous treatment of wastewater in accordance with the village’s NPDES permit and other applicable local, state, and federal laws and regulations.
RESIDENTIAL DWELLING. Any structure designed for habitation including, but not limited to, houses, mobile homes, apartment buildings, condominiums, and townhouses where each dwelling unit contains, at a minimum, sleeping facilities, a toilet, a bath or shower, and a kitchen.
SANITARY SEWAGE. See DOMESTIC WASTE.
SANITARY SEWER. A sewer intended to carry liquid- and water-carried wastes from residences, commercial buildings, industrial plants and institutions, and to which storm, surface, and groundwaters are not intentionally admitted.
SEEPAGE PIT. 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.
SEPTIC TANK. A watertight receptacle receiving sewage and having an inlet and outlet designed to permit the separation of suspended solids from sewage and to permit such retained solids to undergo decomposition therein.
SERVICE CONNECTION. 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.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, or damage to treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that 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.
SEWAGE. See WASTEWATER.
SEWER. Any pipe, tile, tube, or conduit for carrying wastewater or drainage water.
SEWER LEAD. The portion of the service connection that connects to the sewer main located in the public right-of-way and extends to the property line.
SHALL. The act referred to is mandatory.
SIC or STANDARD INDUSTRIAL CLASSIFICATION CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
SIGNIFICANT INDUSTRIAL USER or SIU.
(1) Any non-domestic user:
(a) Subject to categorical pretreatment standards; or
(b) Any other non-domestic user that:
1. Discharges to the POTW an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling, and boiler blow-down wastewater);
2. 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
3. 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.
(2) The POTW Manager may determine that a user that meets the criteria of divisions (b)1. and (b)2. of this definition above is not currently an SIU, 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 an SIU (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.
SLUDGE. Accumulated solid material separated from liquid waste as a result of the wastewater treatment process.
SLUG. Any discharge of a nonroutine, episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge.
STATE. The State of Michigan. The term shall include, where applicable, any administrative agency of the state having jurisdiction in the subject matter of this chapter including, but not limited to, the State Department of Environmental Quality (DEQ).
STORM SEWER or STORM DRAIN. A sewer or drain, either natural or artificial, intended to carry stormwater, snowmelt, and surface runoff and drainage, but not wastewater.
STORMWATER. Any flow (such as stormwater 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.
SURCHARGE. 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.
SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS). 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.
TIME-PROPORTIONAL COMPOSITE SAMPLE. A combination of individual samples of equal volume taken at equal intervals of time, without consideration of the volume or rate of flow.
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, without limitation, those listed in 40 C.F.R. § 401.15 as toxic under the provisions of the Clean Water Act, or listed in the Critical Materials Register promulgated by the State Department of Environmental Quality, or as provided by local, state, or federal laws, rules, or regulations.
TRUCKED OR HAULED WASTE OR POLLUTANTS. Any waste proposed to be discharged to the POTW from a mobile source including, without limitation, holding tank waste.
TRUNK LINE. The main sewer line located under any street or within any public right-of-way that collects and transmits the sewage of the various properties served by the sewer system.
ug/l. Micrograms per liter.
UPSET. An exceptional incident in 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.
USER. Any person who contributes, causes, or permits the contribution, introduction, or discharge of wastewater into the POTW, whether intentional or unintentional, and whether directly or indirectly.
USER DEBT RETIREMENT CHARGE. 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.
USER OPERATING AND MAINTENANCE CHARGE. The charge levied on all users of the POTW for the cost of operation and maintenance, including replacement and depreciation of such treatment works.
USER PERMIT. An industrial user permit or a general user permit.
VILLAGE. The Village of Eau Claire, Berrien County, Michigan, as represented by the Eau Claire Village Council, and/or the Village Council’s designated representatives.
WASTEWATER. The liquid and water-carried industrial or domestic waste from residential 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.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE. 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 or any portion thereof, and as otherwise specified by applicable laws and regulations.
WATERS OF THE UNITED STATES. All waters as defined by 40 C.F.R. § 122.2 and as otherwise specified by applicable laws and regulations.
WYE BRANCH. 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. 2009-5, passed 7-20-2009)