§ 46-143  DEFINITIONS.
   For the purposes of this division, the following words and phrases shall have the meanings described in this section, unless the context in which they are used specifically indicates otherwise.
   ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq., and all rules promulgated thereunder.
   BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 C.F.R., Chapter I, Subchapter N, Part 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage, any of which may enter the POTW.
   BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter and biologically oxidizable inorganic matter under standard laboratory procedures for five days, at 20°C, expressed in milligrams per liter concentration, using Method 5210 B in Standard Methods for the Examination of Water and Wastewater, current edition.
   BYPASS. The intentional diversion of waste streams away from any portion of a user’s treatment facility needed for compliance with pretreatment standards to a point of discharge.
   CATEGORICAL PRETREATMENT STANDARDS (CPS). Pollutant limits for discharges to POTWs, promulgated by U.S. EPA in 40 C.F.R. Chapter I, Subchapter N, Parts 405 et seq., in accordance with § 307(B) and (C) of the Act, which are applicable to a non-domestic user which engages in a category or categories of industry that are subject to the following regulations:
      Effluent Guidelines and Standards for Electroplating (40 C.F.R. 413)
      Effluent Guidelines and Standards for Organic Chemicals, Plastics, and Synthetic Fibers (40 C.F.R. 414)
      Effluent Guidelines and Standards for Inorganic Chemicals (40 C.F.R. 415)
      Effluent Guidelines and Standards for Fertilizer Manufacturing (40 C.F.R. 418)
      Effluent Guidelines and Standards for Petroleum Refining (40 C.F.R. 419)
      Effluent Guidelines and Standards for Iron and Steel Manufacturing (40 C.F.R. 420)
      Effluent Guidelines and Standards for Nonferrous Metals (40 C.F.R. 421)
      Effluent Guidelines and Standards for Steam Electric Power Generating (40 C.F.R. 423)
      Effluent Guidelines and Standards for Leather Tanning and Finishing (40 C.F.R. 425)
      Effluent Guidelines and Standards for Glass Manufacturing (40 C.F.R. 426)
      Effluent Guidelines and Standards for Rubber Processing (40 C.F.R. 428)
      Effluent Guidelines and Standards for Timber Products (40 C.F.R. 429)
      Effluent Guidelines and Standards for Pulp, Paper and Paper Board (40 C.F.R. 430)
      Effluent Guidelines and Standards for Metal Finishing (40 C.F.R. 433)
      Effluent Guidelines and Standards for Centralized Waste Treatment (40 C.F.R. 437)
      Effluent Guidelines and Standards for Pharmaceutical Manufacturing (40 C.F.R. 439)
      Effluent Guidelines and Standards for Transportation Equipment Cleaning (40 C.F.R. 442)
      Effluent Guidelines and Standards for Waste Combustors (40 C.F.R. 444)
      Effluent Guidelines and Standards for Landfills (40 C.F.R. 445)
      Effluent Guidelines and Standards for Pesticide Chemicals Manufacturing (40 C.F.R. 455)
      Effluent Guidelines and Standards for the Battery Manufacturing Point Source Category (40 C.F.R. 461)
      Effluent Guidelines and Standards for Metal Molding and Casting (40 C.F.R. 464)
      Effluent Guidelines and Standards for Coil Coating (40 C.F.R. 465)
      Effluent Guidelines and Standards for Porcelain Enameling (40 C.F.R. 466)
      Effluent Guidelines and Standards for Aluminum Forming (40 C.F.R. 467)
      Effluent Guidelines and Standards for Copper Forming (40 C.F.R. 468)
      Effluent Guidelines and Standards for Electrical and Electronic Components (40 C.F.R. 469)
      Effluent Guidelines and Standards for Nonferrous Metals Forming and Metal Powders (40 C.F.R. 471)
   C.F.R.  The Code of Federal Regulations.
   CITY. The City of Flint, Michigan, a municipal corporation.
   CITY WATER POLLUTION CONTROL SUPERVISOR (CWPCS). The Director of the Department of Utilities of the City or other person or persons designated by that person or by the City Administrator to exercise control over City collection system and the POTW treatment plant or certain matters relating to the City collection system or the POTW treatment plant.
   CITY ENFORCEMENT OFFICER. Any employee of the Water Pollution Control Division of the Department of Utilities of the City of Flint holding the title of Water Pollution Control Supervisor, Assistant Water Pollution Control Supervisor, Environmental Compliance Supervisor, Environmental Compliance Inspector, Senior Environmental Compliance Analyst, Environmental Compliance Analyst or Water Quality Supervisor.
   CODE. The Code of the City of Flint.
   COLLECTION SYSTEM. All of the sanitary sewers, lift stations, pumps and other equipment of the City and of a municipality, drainage district or other political subdivision of the State which has a contract with the City for discharge to the POTW treatment plant which are primarily installed to receive wastewater and pollutants directly from users for transmission to the POTW treatment plant.
   CONSTRUCTION. Any placement, assembly or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where the equipment will be used, including preparation work at such premises, if the equipment will in any way actually or potentially affect the quality or quantity of discharges or the measurement or analysis of a discharge.
   COOLING WATER. The water discharged from any use in which the only pollutant added is heat, shall be considered non-contact cooling water. Water discharged from any use in which heat and other pollutants have been added, shall be considered as contact cooling water.
   CPS. Categorical Pretreatment Standards.
   DAILY CONCENTRATION. The sum of all concentration measurements for any 24-hour period divided by the number of such measurements.
   DISCHARGE. The introduction (including infiltration) of pollutants into the POTW which is either intentional or unintentional.
   FLASHPOINT. The minimum temperature at which vapor combustion will spread away from its source of ignition.
   GRAB SAMPLE. A sample which is taken from a discharge with no regard to the flow which is collected over a period of time not exceeding 15 minutes.
   GROUNDWATER. Water which is pumped or otherwise captured from the ground and which is not used in a process. Mere treatment of GROUNDWATER is not used in a process.
   HEXANE-EXTRACTABLE MATERIAL. Any material, such as fat, oil or grease, which is recoverable from wastewater by extraction with N-Hexane, using EPA Test Method 1664, Revision A, and as defined therein; Resources and Environmental Protection Act, Act 451 of 1994, as amended; or the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
   HAZARDOUS SUBSTANCE. Any substance as defined in Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
   INSTANTANEOUS CONCENTRATION. The concentration in any grab sample.
   INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) therefore is a cause of a violation of any requirement of the NPDES permit for the POTW, the Act or State act (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 any more stringent State or local regulations): Section 405 of the 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 SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act.
   MAXIMUM ALLOWABLE INDUSTRIAL LOADING. The daily maximum mass of a pollutant, in pounds per day, which may be allowed by the City to be discharged to the POTW by the aggregate of all non-domestic users.
   MDEQ. The Michigan Department of Environmental Quality or its successor.
   MG/L. Milligrams per liter.
      (1)   Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if the standards are thereafter promulgated in accordance with that section, provided that:
         a.   The building, structure, facility or installation is constructed at a site at which no other source is located;
         b.   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge at an existing source; or
         c.   The production 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 processes are substantially independent, 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 shall 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 subsection (1)a. or (1)b. but otherwise alters, replaces or adds to existing process or production equipment.
      (3)   Construction of a new source has commenced if the owner or operator has:  Begun, or caused to begin, as part of a continuous on-site construction program:
         a.   Any placement, assembly or installation of facilities or equipment;
         b.   Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or
         c.   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase; contracts which can be terminated or modified without substantial loss; and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.
   NON-DOMESTIC USER. A user that discharges pollutants other than, or in addition to, sanitary sewage, but not including a user that is a municipality, drainage district or other political subdivision of the State that only discharges from its own collection system to the City’s collection system.
   NPDES PERMIT. A permit issued pursuant to the National Pollutant Discharge Elimination System to regulate the discharge of wastewater into the surface waters of the State.
   PASS-THROUGH. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, cause a violation of any requirement of the Act or State act.
   PERSON. Any individual, firm, municipality, company, association, society, corporation, partnership or group, including their officers and employees who have responsibility for or actual involvement in the matters regulated by this division.
   pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
   POLLUTANT. Any material which is discharged to the POTW or is proposed for discharge to the POTW. The term also includes properties of such materials such as pH and heat.
   POLLUTION PREVENTION.  The reduction or elimination of pollutants at their source by modifying production processes, promoting the use of alternative substances, implementing conservation techniques, and reusing materials rather than putting them into wastewater or allowing them to be discharged to the POTW.
   POTW. Publicly owned treatment works, as defined by Section 212 of the Act, which are owned by the City and the collection system. The term also means the City or its authorized representative. This term includes any devices, processes and systems used by or for the City in the storage, treatment, recycling or reclamation of wastewater or sludge from the treatment works or the collection system.
   POTW TREATMENT PLANT. The POTW exclusive of the collection system.
   PRACTICABLE MINIMUM. The lowest level to which a pollutant can be reduced in practice through the use of reasonable and cost-effective control measures.
   PREMISES. A lot or parcel of land, generally, or each lot or parcel of land, or building, having any connection, direct or indirect, to the POTW, as the context of the word within this division dictates.
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process change or by other means, except for the use of dilution, unless expressly authorized by an applicable pretreatment standard or requirement.
   SANITARY SEWAGE. Wastewater or pollutants from toilet, kitchen, laundry, bathing or other facilities, all of which are used for household purposes or for non-commercial purposes at a commercial location.
   SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities of a user which causes them to become all or partially inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
   SEWER. A pipe or conduit for carrying wastewater, storm water, surface runoff or groundwater.
   SIGNIFICANT NON-DOMESTIC USER. Any non-domestic user of the POTW that:
      (1)   Has a monthly average discharge to the POTW of 25,000 gallons or more per day, excluding sanitary sewage, non-contact cooling water, and blowdown from heating or air conditioning systems;
      (2)   Discharges or has a reasonable potential to discharge any toxic pollutant as defined pursuant to Section 307 of the Act, unless the actual or potential effect on the POTW is determined by the CWPCS to be insignificant
      (3)   Is found by the CWPCS to have a reasonable potential for adversely affecting the POTW, or for violating any limit, discharge prohibition, pretreatment standard or requirement;
      (4)   Is subject to a CPS; or
      (5)   Discharges wastewater, other than sanitary sewage, non-contact cooling water, and blowdown from heating or air conditioning systems, which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW.
   SLUDGE. Solids or other residue, either of which are separated from wastewater and generated by any treatment process, or solids or other residue directly separated from a production process.
   SLUG DISCHARGE. A discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
   SOURCE. Any building, structure, facility, vehicle or installation from which there is or may be a discharge to the POTW.
   STATE ACT. Part 31 Water Resources Protection of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, and all rules promulgated thereunder.
   TOTAL SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, wastewater and which can be recovered by standard laboratory filtering, using Method 2540 D in Standard Methods for the Examination of Water and Wastewater, current edition.
   UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards or other limits applicable to the user 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.
   U.S. EPA. The United States Environmental Protection Agency or its successor.
   USER. A person who discharges into the POTW and a municipality or drainage district whose collection system discharges into the POTW.
   WASTEWATER. Water discharged to the POTW by a user which may or may not contain other pollutants. This term does not include storm water, surface runoff, or non-contaminated groundwater and non-contact cooling water.
(Ord. 3630, passed 12-13-2004; Ord. 3735, passed 11-19-2008)