When used in this chapter, the following terms shall have the meanings given in this section, unless the context specifically indicates a different meaning:
(1) "Act" or "the Act" means the Federal Water Pollution Control Act, P.L. 92-500, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(2) "Approval Authority" means the Michigan Department of Natural Resources or the Environmental Protection Agency.
(3) "Authorized representative of industrial user" means:
A. Responsible corporate officer, where the industrial user submitting the reports required by this division is a corporation, who is either (a) the president, vice-president, secretary, or treasurer of a corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (b) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) in second-quarter 1980 dollars, when authority to execute documents has been assigned or delegated to said manager in accordance with corporate procedures; or
B. A general partner or proprietor where the industrial user submitting the reports required by this division is a partnership or sole proprietorship respectively. (See 56-3-59-1(n))
(4) "Available cyanide" means the quantity of cyanide that consists of cyanide ion (CN) hydrogen cyanide in water (HCNaq), and the cyano-complexes of zinc, copper, cadmium, mercury nickel and silver, determined by EPA method OIA-1677, or other method designated as a Standard Method or approved under 40 CFR 136.
(5) "Best Management Practices (BMP)" means programs, practices, procedures or other directed efforts initiated and implemented by the user which can or do lead to the reduction, conservation or minimization of pollutants being introduced into the ecosystem, including but are not limited to the Detroit sewer system. BMPs include, but are not limited to, equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control and may include technical and economic considerations.
(6) "Biochemical oxygen demand (BOD)" means the quality of dissolved 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 (milligrams per liter (mg/l)) as measured by standard methods.
(7) "Board" means the Board of Water Commissioners of the City of Detroit.
(8) "Bypass" means the intentional diversion of a wastestream from any portion of an industrial user's treatment facility. (See 40 C.F.R. § 403.17.)
(9) "Building drain" means that part of the lowest horizontal piping of a drainage system which receives discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building's sewer (house sewer). The latter begins five feet outside the inner face of the building wall.
(10) "Building sewer" means the extension from the building drain that connects the building in which the sanitary sewage originates to the public sewer or other place of disposal and conveys the sewage of one building.
(11) "Categorical standards" means the National Categorical Pretreatment Standard or a pretreatment standard as promulgated under authority of the Act, 40 C.F.R. 403.
(12) "Centralized waste treatment (CWT) facility" means any facility that treats any hazardous or nonhazardous industrial waste received from off-site by tanker truck, trailer/roll-off bins, drums, barges, or any other forms of shipment including (i) a facility that treats industrial waste received exclusively from off-site; and (ii) a facility that treats industrial waste generated on-site as well as industrial waste received from off-site.
(13) "Chemical oxygen demand (COD)" means a measure of the oxygen-consuming capacity of inorganic and organic matter present in water or waste water. 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. This term is also known as OC and DOC, oxygen consumed and dichromate oxygen consumed, respectively.
(14) "Chlorine demand" means the difference between the amount of chlorine applied and the amount of free chlorine available at the end of the contact time, expressed in milligrams per liter.
(15) "City" means the Village of Franklin.
(16) "Combined sewer" means a sewer receiving both surface runoff and sewage.
(17) "Compatible industrial waste water" means waste water that is produced by an industrial user which has a pollutant strength or characteristics similar to those found in domestic waste water, and which can be efficiently and effectively transported and treated with domestic waste water.
(18) "Compatible pollutant" means pollutants which can be effectively removed by the POTW treatment system to within the acceptable levels for the POTW residuals and the receiving stream.
(19) "Composite sample" means a collection of individual samples which are obtained at regular intervals and collected on a time-proportional or flow-proportional basis over a specified period and which provides a representative sample of the average stream during the sampling period. A minimum of four aliquot per twenty-four hours shall be used where the sample is manually collected. (See 40 C.F.R. 403, Appendix E.)
(20) "Confidential information" means the information which would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.
(21) "Consent judgment" means the judgment issued by Federal District Court on September 14, 1977, U.S. EPA v City of Detroit, et al., C.A. No. 77-1100, as amended.
(22) "Control Authority" means the Detroit Water and Sewerage Department (DWSD), which has been officially designated as such by the State under the provisions of 40 C.F.R. 403.12, or authorized representatives or employees of the DWSD.
(23) "Cooling water" means the non-contact water discharged from any use such as air conditioning, cooling or refrigeration, and whose only function is the exchange of heat.
(24) "Council" means the Village Council of the Village of Franklin.
(25) "County" means the County of Oakland, State of Michigan, or its authorized representative, the Detroit Water and Sewerage Department.
(26) "County Agency" means the Oakland County Drain Commissioner or the Oakland County Department of Public Works.
(27) "Critical materials" means the organic and inorganic substances, elements or compounds listed in the register compiled by the Water Resources Commission of the Department of Natural Resources of the State of Michigan.
(28) "Days" means, for purposes of computing a period of time prescribed or allowed by this chapter, consecutive calendar days.
(29) "Debt service charge" means charges levied to customers of the waste water system which are used to pay principal, interest and administrative costs of retiring the debt incurred for construction of the waste water system. The debt service charge is separate and distinct and may be in addition to the user charge specified below.
(30) "Department" means the City of Detroit Water and Sewerage Department, and authorized employees of the Department.
(31) "Direct discharge" means the discharge of treated or unrelated waste water directly into the waters of the State of Michigan.
(32) "Director" means the Director of the Detroit Department of Water and Sewerage or the Director's designee.
(33) "Discharge pipe" means that part of the sewer piping from the grinder pump to the lateral sewer.
(34) "Discharger" means a person who, directly or indirectly, contributes, causes, or permits waste water to be discharged into the POTW.
(35) "Domestic sewage" means waste and waste water from humans or household operations which is discharged to, or otherwise enters, a treatment works.
(36) "Domestic user" means a person who contributes, causes or permits waste water to be discharged into the publicly-owned treatment works from a place of domicile for one or more persons, including, but not limited to, single-family houses, apartment buildings, condominiums, townhouses and mobile homes. It shall also mean churches, schools and government buildings.
(37) "Downspout" means an exterior drainage pipe for conveying stormwater from an eaves trough or roof drain.
(38) "Dwelling" means any structure designed for year-round habitation, including, but not limited to, houses, mobile homes, apartment buildings, condominiums and townhouses.
(39) "Eaves trough" means a drain installed to receive water collecting on the surface of a roof and to discharge it into a downspout or leader. An eaves trough may also be known as a roof drain.
(40) "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other authorized official of said Federal Agency.
(41) "Facility" means a location which contributes, causes or permits waste water to be discharged into the POTW including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable.
(42) "Fats, oil or grease (FOG)" means any hydrocarbons, fatty acids, soaps, fats, waxes, oils and any other nonvolatile material of animal, vegetable or mineral origin that is extractable by solvent in accordance with standard methods.
(43) "Federal grant" means a grant made or to be made for the construction of waste water collection, transportation and/or treatment works provided under the Act, P.L. 92-500, as amended.
(44) "Flow proportional sample" means a composite sample taken with regard to the flow rate of the wastestream.
(45) "Footing drain" means a pipe or conduit which is placed around the perimeter of a building foundation and which intentionally admits ground water.
(46) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It is composed of putrescible organic matter and its natural moisture content.
(47) "General specifications" means the current edition of Standard Material and Construction Requirements of the County of Oakland.
(48) "Grab sample" means an individual sample collected over a period of time not exceeding fifteen minutes, which reasonably reflects the characteristics of the stream at the time of sampling.
(49) "Grant" means U.S. EPA Treatment Works Grant C263393.
(50) "Grinder pump" means a pump designed to accept sewage from a dwelling or combination of dwellings, grind the solids into properly shredded size and pump the resulting effluent into the public pressure sewer system.
(51) "Ground water" means subsurface water occupying the saturation zone, from which wells and springs are fed.
(52) "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
(53) "Incompatible pollutants" means any pollutant which is not a compatible pollutant.
(54) "Indirect discharge" means the discharge or the introduction of pollutants from any non-domestic source, regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C. 1317), into the publicly-owned treatment works.
(55) "Industrial user" means a person who contributes, causes or permits waste water to be discharged into the publicly-owned treatment works, including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable but excludes single-family and multi-family residential dwellings with discharges consistent with domestic waste characteristics.
(56) "Industrial waste" means the discharge into the publicly-owned treatment works of any liquid, solid or gaseous waste or form of energy, or combination thereof, resulting from any processes of industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.
(57) "Infiltration" means any waters entering the system 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.
(58) "Infiltration/inflow" means the total quantity of water from both infiltration and inflow.
(59) "Inflow" means any waters entering the system through such sources as, but not limited to, building downspouts, footing or yard drains, cooling water discharges, seepage lines from springs and swampy areas, and storm drain cross connections.
(60) "Interference" means a discharge by a user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the publicly-owned treatment works or its treatment processes or operations, or its sludge processes, use or disposal, and which causes a violation of any requirement of the NPDES permit of the publicly-owned treatment works (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal by the publicly-owned treatment works in accordance 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, being 33 U.S.C. 1345, 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.
(61) "Laboratory determination" means 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 Waste Water, 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 Federal or State law.
(62) "Lateral line" means 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 or interceptor and which collects sewage from a particular property for transfer to the trunk line or interceptor.
(63) "Leader" means an exterior drain pipe for conveying storm water from a roof or gutter drain.
(64) "Local" means a prefix denoting jurisdiction by the Village of Franklin.
(65) "Meter vault" means a suitable vault, together with necessary meters, including, where appropriate, an adequate power source and other appurtenances, to facilitate observation, sampling and measurement of waste water and to be constructed in accordance with plans approved by the County's and/or Village's engineering personnel.
(66) "Municipality" means the Village of Franklin.
(67) "National Categorical Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific class or category of industrial users.
(68) "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued to a publicly-owned treatment works pursuant to Section 402 of the Act (33 U.S.C. 1342).
(69) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
(70) "New source" means:
A. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of the proposed National Categorical Pretreatment Standards under Section 307(c) of the Act, being 33 U.S.C. 1317(c), 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 where 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 waste water 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; or
B. Construction on a site where an existing source is located resulting 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 A.2. or A.3. of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or
C. Construction of a new source has commenced where 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 that are necessary for the placement, assembly, or installation of new source facilities or equipment; or
2. 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 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 section.
(71) "Normal domestic strength sewage" or "normal domestic strength waste water" means a sewage or other waste water effluent which shall be a compatible pollutant with BOD of 275 milligrams per liter or less, suspended solids of 350 milligrams per liter or less, total phosphorus of twelve milligrams per liter or less, and fats, oils and greases of 100 milligrams per liter or less.
(72) "Obstruction" means any object of whatever nature which substantially impedes the flow of sewage from the point of origination to the trunk line or interceptor. This shall include, but not be limited to, objects, sewage, tree roots, rocks and debris of any type.
(73) "Operation and maintenance (O&M)" means all work, materials, equipment, utilities and other efforts required to operate and maintain the waste water transportation and treatment system consistent with insuring adequate treatment of waste water to produce an effluent in compliance with the NPDES permit and other applicable State and Federal regulations, and includes the cost of replacement.
(74) "Ordinance" shall refer to an ordinance of the Village of Franklin, unless otherwise noted.
(75) "Owner" means the 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.
(76) "Pass-through" means the discharge of pollutants through the publicly-owned treatment works into navigable waters in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the NPDES permit of the publicly-owned treatment works (including an increase in the magnitude or duration of a violation).
(77) "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, unit of government, school district or any other legal representative, agent or assigns, or any combination thereof. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
(78) "pH" means the intensity of the acid or base condition of a solution, calculated by taking the negative base-ten logarithm of the hydrogen ion activity. Activity is deemed to be equal to concentration in moles per liter.
(79) "Pollutant" means 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, cellar dirt, or industrial, municipal and agricultural waste which is discharged into water.
(80) "Pollution" means the introduction of any pollutant that, alone or in combination with any other substance, can or does result in the degradation or impairment of the chemical, physical, biological or radiological integrity of water.
(81) "President" means the Village President of the Village of Franklin, or his or her authorized representatives.
(82) "Pretreatment" means the reduction of the amount of pollutants, the removal of pollutants, or the alteration of the nature of pollutant properties in waste water to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the publicly-owned treatment works. The reduction, removal or alteration may be attained by physical, chemical or biological processes, or process changes by other means, except as prohibited by Federal, State or local law, rules and regulations.
(83) "Pretreatment requirements" means any substantive or procedural requirements related to pretreatment other than a National Categorical Pretreatment Standard imposed on an industrial user. (See 40 C.F.R. 403.3(r).)
(84) "Pretreatment standards" means all National Categorical Pretreatment Standards, the general prohibitions specified in 40 C.F.R. 403.5(a), the specific prohibitions delineated in 40 C.F.R. 403.5(b), and the local or specific limits developed pursuant to 40 C.F.R. 403.5(c), including the discharge prohibitions specified in Section 1042.05 of this Code.
(85) "Private" means a prefix denoting jurisdiction by a nongovernmental entity.
(86) "Properly shredded garbage" means waste from the preparation, cooking and dispensing of foods, which waste has 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 (1.27 centimeters) in any dimension.
(87) "Public" means a prefix denoting jurisdiction by any governmental subdivision or agency.
(88) "Public sewer" means a sewer of any type controlled by a governmental agency or public utility.
(89) "Publicly-owned treatment plant" or "POTW treatment plant" means that portion of the publicly-owned treatment works designed to provide treatment to waste water, including recycling and reclamation of waste water.
(90) "Publicly-owned treatment works (POTW)" means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the City of Detroit. This definition includes:
A. Any devices and systems used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial waste of a liquid nature;
B. Sewers, pipes and other conveyances only if they convey waste water to a POTW treatment plant; or
C. The municipality, as defined in 33 U.S.C. 1362, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
For the purposes of this chapter, "publicly-owned treatment works" or "POTW" shall also include any sewers under the jurisdiction of the Village of Franklin and/or the County of Oakland.
(91) "Quantification level" means the measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calculated at a specified concentration above the detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant.
(92) "Record drawings" means engineering drawings prepared after installations of waste water facilities, which drawings shall include a statement by a registered engineer or surveyor certifying that such drawings are "record drawings" and such drawings shall also include, but not be limited to, length of sewer, invert elevation, locations and depths, sewer material and joints used, and mechanical, electrical and structural details for pump stations, waste water treatment facilities and other appurtenances.
(93) "Replacement" means the replacement in whole or in part of any equipment, appurtenances and accessories in the waste water transportation or treatment systems to insure continuous treatment of waste water in accordance with the NPDES permit and other applicable State and Federal regulations.
(94) "Representative sample" means any sample of waste water, which accurately and precisely represents the actual quality, character, and condition of one or more pollutants in the wastestream being sampled. Representative samples shall be collected and analyzed in accordance with 40 C.F.R. Part 136.
(95) "Sanitary sewer" means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
(96) "Sanitary waste water" means the portion of waste water that is not attributable to industrial activities and is similar to discharges from domestic sources including, but not limited to, discharges from sanitary facilities and discharges incident to the preparation of food for on-site non-commercial consumption.
(97) "Separate" means a prefix denoting a waste water transmission facility or sewer which is intended to transport sanitary waste water only.
(98) "Service area" means any area whose waste water is received by the Village of Franklin for the transmission for treatment by the City of Detroit DWSD.
(99) "Sewage" or "waste water" means spent water which may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions or other land uses, including drainage water and ground water inadvertently present in said waste.
(100) "Sewage treatment plant" or "waste water treatment plant" means any arrangement of devices and structures used for treating sewage.
(101) "Sewer" means a pipe or conduit that carries waste water or drainage water.
A. "Building sewer" means, in plumbing, the extension from the building drain to the public sewer or other place of disposal. "Building sewer" is also called house connection.
B. "Combined sewer" means a sewer intending to receive both waste water and storm, surface or drainage water.
C. "Common sewer" means a sewer in which all owners of abutting properties have equal rights.
D. "County sewer" means a public sewer controlled by the County agency.
E. "Intercepting sewer" means a sewer that receives dry weather flow from a number of transverse sewers or outlets in frequently additional predetermined quantities of storm water (if from a combined system) and conducts such waters to a point for treatment or disposal.
F. "Lateral sewer" means a sewer which is designed to receive a building sewer.
G. "Municipal sewer" means a public sewer exclusive of a County sewer or City of Detroit sewer.
H. "Pressure sewer" means a small diameter public sewer line designed to operate under pressure.
I. "Public sewer" means a common sewer controlled by a governmental agency or public utility.
J. "Sanitary sewer" means a sewer that carries liquid and water-carried waste from residences, commercial buildings, industrial plants and institutions, together with minor quantities
of ground, storm, surface and drainage waters that are not admitted intentionally.
K. "Storm sewer" means a sewer that carries storm water and surface water, street wash and other wash waters, or drainage, but excludes domestic waste water and industrial waste water. "Storm sewer" is also called a storm drain.
L. "Trunk sewer" or "trunk line" means a sewer which connects the lateral sewer to the intercepting sewer and to which building sewers may be connected.
(102) "Sewer service charge" means the sum of the applicable user charges, surcharges and debt service charges.
(103) "Shall" is mandatory; "may" is permissive.
(104) "Significant noncompliance" means any violation which meets one or more of the following criteria:
A. Chronic violations of waste water discharge limits, defined as those in which 66% or more of all of the measurements taken during a six month period exceed by any magnitude the daily maximum limit or the average limit for the same parameter;
B. Technical review criteria (TRC) violations, defined as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, Fats, Oil and Grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Department determines has caused, alone or in combination with other discharges, interference or pass-through including endangering the health of POTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority;
E. Failure to meet a compliance schedule milestone contained in a local control mechanism, or enforcement order for starting construction, completing construction, or attaining final compliance within ninety days after the scheduled date;
F. Failure to provide required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within thirty days after the due date;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations which the Department determines will adversely affect the operation or implementation of the local pretreatment program.
(105) "Significant user" means any industrial user of the POTW, as defined herein, who has a discharge flow of 25,000 gallons or more per average workday, exclusive of sanitary, boiler blowdown, and noncontact cooling water; has discharges subject to the National Categorical Pretreatment Standards; requires pretreatment to comply with the specific pollutant limitations of this chapter; has, in its discharge, toxic pollutants, as defined in Section 307 of the Act, or in other applicable Federal and State laws and regulations, which pollutants are in concentrations and volumes that are subject to regulation under this chapter, as determined by the Control Authority; is required to obtain a permit for the treatment, storage or disposal of hazardous waste pursuant to regulations adopted by the State or adopted under the Federal Solid Waste Disposal Act, as amended, or under the Federal Resource Conservation and Recovery Act, as amended, and who may or does contribute or allow waste or waste water into the POTW, including, but not limited to, leachate or runoff; or is found by the Control Authority to have a reasonable potential for adverse effect, either singly or in combination with other contributing industries, on the POTW, the quality of sludge, the POTW's effluent quality or air emissions generated by the POTW.
(106) "Slug" means any discharge of a non-routine episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge.
(107) "Standard Industrial Classification (SIC)" shall refer to a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, as amended.
(108) "Standard Methods" means the laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Waste Water, prepared and published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, or methods set forth in 40 C.F.R. 136 "Guidelines for Establishing Test Procedures for Analysis of Pollutants." Where these two references are in disagreement on procedures for the analysis of a specific pollutant, the methods given in 40 C.F.R. 136 shall be followed.
(109) "State" means the State of Michigan.
(110) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
(111) “Surcharge” means an additional charge which may be imposed to cover the cost of treatment of excess strength waste water discharged by any customer.
(112) “Surface water” means:
A. All water on the surface as distinguished from ground water or subterranean water.
B. Water appearing on the surface in a diffused state, with no permanent source of supply or regular course for any considerable time, as distinguished from water appearing in watercourses, lakes or ponds.
(113) “Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, waste water or other liquids, and which is removable by laboratory filtration or as measured by Standard Methods.
(114) “Total PCB” means the sum of the individual analytical results for each of the PCB aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260 during any single sampling event with any aroclor result less than the quantification level being treated as zero.
(115) “Total phenolic compounds” means the sum of the individual analytical results for each of the phenolic compounds of 2-chlorophenol, 4-chlorophenol, 4-chloro-3-methylphenol, 2,4-dichlorophenol, 2,4-dinitrophenol, 4-methylphenol, 4-nitrophenol, and phenol during any single sampling event expressed in mg/l.
(116) “Toxic pollutant” means any pollutant or combination of pollutants designated as toxic in regulations promulgated by the Administrator of the United States Environmental Protection Agency under the provisions of Section 307(a) of the Clean Water Act, 33 U.S.C. 1317, as amended, or included in the critical materials register promulgated by the Michigan Department of Environmental Quality, or other Federal or State laws, rules or regulations.
(117) “Trade secret” means the whole, or any portion or phase, of any proprietary manufacturing process or method, not patented, which is secret, is useful in compounding an article of trade having a commercial value, and whose secrecy the owner has taken reasonable measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes but excludes any information regarding the quantum or character of waste products or their constituents discharged or sought to be discharged into the Detroit waste water treatment plant, or into the waste water system tributary thereto.
(118) “Uncontaminated industrial waste” or “unpolluted industrial process water” means industrial process water or cooling water which has not come into contact with any substance used in or incidental to industrial processing operations, to which no chemical or other substance has been added, and which is completely compatible with applicable stream standards, excepting thermal limitations.
(119) “Upset” or “upset condition” means an exceptional incident in which there is an unintentional or temporary non-compliance with limits imposed under this chapter or with National Categorical Pretreatment Standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
(120) “User” means any person who, directly or indirectly, contributes, causes or permits the discharge of waste water into the publicly-owned treatment works as defined herein.
(121) “User charge” means a charge levied on users of a treatment works for the cost of operation and maintenance of sewerage works pursuant to Section 204(b) of P.L. 92-500 and includes the cost of replacement of public sewer items designed to last less than twenty years.
(122) “Village” means the Village of Franklin, Michigan, its agents and employees.
(123) “Waste water” or “waste stream” means the liquid and water-carried industrial or domestic wastes of dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which are contributed to or permitted to enter the publicly-owned treatment works. Waste water may also contain infiltration and inflow waters and cooling water.
(124) “Waste water discharge permits” means permits issued by the Control Authority or its designated representative as set forth in Section 1042.11(r).
(125) “Waste water facilities” means the structures, equipment and processes required to collect, carry away and treat domestic and industrial waste, and dispose of the effluent.
(126) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently, including waterways, rivers, streams, ditches, swales, drainageways, lakes and ponds.
(127) “Waters of the State” shall refer to 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. 179. Passed 8-17-92; Ord. 2001-08. Passed 12-10-01; Ord. 2007-01. Passed 3-12-07; Ord. 2011-07. Passed 7-11-11.)