For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. Public Act 451 of 1994, §§ 3101 through 3119, being M.C.L.A. §§ 324.3101 through 324.3119, as amended.
ADMINISTRATOR. The Administrator of the United States Environmental Protection Agency.
ASTM. The American Society for Testing and Materials.
B.O.D. or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
BUILDING SEWER. The extension from the wastewater plumbing facilities of a building or premises to the public sanitary sewer.
BYPASS. The intentional diversion of waste streams from any portion of a user’s treatment facility.
CATEGORICAL PRETREATMENT STANDARDS or FCPS. Any regulation containing pollutant discharge limits promulgated by the E.P.A. in accordance with §§ 307(b) and (c) of the Clean Water Act, 33 U.S.C. § 1317, which apply to a specific category of nondomestic users and which appear in 40 C.F.R. Chapter I, Subchapter N (1990), Parts 405-471.
C.F.R. Shall refer to the chapter of the Code of Federal Regulations as published by the United States government. All definitions, terminology, and references to 40 C.F.R. shall be in accordance with its latest revisions.
C.O.D. or CHEMICAL OXYGEN DEMAND. The measure of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, 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 B.O.D.
COLLECTION SYSTEM. All of the common sewers, lift stations, pumps, and other equipment of the village and of a municipality which has a contract with the village 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.
COMBINED SEWER. Any sewer designed or intended to receive both storm water and sewage.
COMMERCIAL or CLASS II USER. Any premises occupied by a user not within the definition of an INDUSTRIAL USER or RESIDENTIAL USER, and which is connected to the POTW.
CONNECTION PERMIT. A permit issued by the village for the connection of a building sewer into the POTW.
CONSTRUCTION. Any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase the facilities or equipment) at the premises where the equipment will be used, including preparation work at the 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.
DAILY AVERAGE. The sum of the concentrations of a constituent for the measurement period divided by the number of days on which the discharge was sampled and analyzed in the period. The concentrations which are added are single numbers for single days for all days for which analyses are obtained (whether by the user or the village), but the concentrations 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 village.
DAILY MAXIMUM. The concentration which shall not be exceeded on any single calendar day.
DISCHARGE. The introduction of pollutants into the POTW which is either intentional or unintentional.
EXISTING SOURCE. Any source which is not a NEW SOURCE, as defined in this section.
FCPS or FEDERAL CATEGORICAL PRETREATMENT STANDARDS. See CATEGORICAL PRETREATMENT STANDARDS.
GARBAGE. Solid wastes from domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
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 use in a process.
INDUSTRIAL or CLASS III USER. Any user identified in Divisions A, B, D, E, or I of the Standard Industrial Classification Manual. CLASS III shall also include any user, industrial or otherwise, which discharges wastewater containing toxic or poisonous substances, or any substance(s) which cause interference to the conveyance or treatment process or any user designated as a categorical industry in accordance with 40 C.F.R. Chapter I, Subchapter N.
INTERCEPTOR SEWER LINES. Those lines whose basic function is to collect wastewater from two or more separate trunk sewer lines and to transport the wastewater to the POTW treatment plant.
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) Is a cause of a violation of any requirement of the 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, being 33 U.S.C. § 1345, the Solid Waste Disposal Act (SWDA), being 42 U.S.C. §§ 6901 et seq. (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, being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 33 U.S.C. §§ 2681 et seq., and the Marine Protection, Research, and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
MDEQ or DEQ. The State Department of Environmental Quality, or its successor.
mg/l. Milligrams per liter, or ppm.
NEW SOURCE.
(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 § 307(c) of the Clean Water Act, being 33 U.S.C. § 1317(c), which will be applicable to the 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 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.
(3) Construction of a
NEW SOURCE, as defined under this definition, has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. 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.
(b) 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 definition.
NONRESIDENTIAL USER. Any user not defined under RESIDENTIAL or CLASS I USER.
NPDES PERMIT. A permit issued pursuant to the National Pollution Discharge Elimination System for the discharge of wastewater into the surface waters of the state.
ORGANIC CHEMICALS. Compounds composed of carbon and hydrogen or their derivatives which are human-made or byproducts of human-made or natural substances which include, but are not limited to, synthetic fibers, plastics, rubber, medicinals, solvents, surface-active agents, pesticides, and other agricultural chemicals and lubricating oil additives or other petroleum derivatives.
OWNER. Owners of record of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person in control of a building.
PASS-THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, 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 (including an increase in the magnitude or duration of a violation).
PERMIT TO DISCHARGE or PTD. A control document issued by the village that controls the wastewater discharges from nonresidential users into the publicly owned treatment works.
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 chapter.
pH. The negative logarithm of the concentration of hydrogen ions in grams 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 the materials such as pH and heat.
POTW TREATMENT PLANT. The POTW exclusive of the collection system.
PREMISES. Each lot or parcel of land, or building, having any connection, direct or indirect, 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 sewage to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes; or by other means, except for the use of dilution, unless expressly authorized by an applicable pretreatment standard or requirement.
PRETREATMENT PROGRAM. A nonresidential user waste control program which is required in a publicly owned treatment works’ wastewater discharge permit or order of the Department of Environmental Quality and which is developed in accordance with R323.2306.
PUBLICLY OWNED TREATMENT WORKS or POTW. The treatment works, as defined by § 212 of the Clean Water Act, being 33 U.S.C. § 1292, which are owned by the village and the collection system. The term also means the village or its authorized representative. This term includes any devices, processes, and systems used by or for the village in the storage, treatment, recycling, or reclamation of wastewater or sludge from the treatment works or the collection system.
RESIDENTIAL or CLASS I USER. Any premises used only for human residency and which is connected to the wastewater facilities.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted, and which may include pumping stations, metering stations, and other appurtenances.
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.
SIGNIFICANT INDUSTRIAL USER or SIU. Any user of the POTW that:
(1) Is subject to categorical pretreatment standards;
(2) Discharges an average of 25,000 gallons per day of process wastewater (excluding sanitary, non-contact cooling and boiler blow down wastewater);
(3) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or
(4) Is designated as such by the POTW on the basis that the user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE. A violation which meets one or more of the following criteria specified in R323.2302(dd):
(1) Chronic violations of wastewater discharge limits, defined here 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 pollutant parameter;
(2) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant 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 B.O.D., TSS, fats, oil, and grease, and 1.2 for all other pollutants, except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) which the POTW 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);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW’s exercise of its emergency authority under R323.2306(a)(vi) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit to discharge or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; and/or
(8) Any other violation or group of violations which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG DISCHARGE. A discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-routine batch discharge.
SOURCE. Any building, structure, facility, vehicle, or installation from which there is or may be a discharge to the POTW.
STANDARD INDUSTRIAL CLASSIFICATION or SIC. A code number used to identify specific industrial classifications.
STATE DIRECTOR. The Director of the State Water Pollution Control Agency.
STORM SEWER. A sewer intended to carry only storm waters, surface runoff, street wash waters, and drainage of waters which are not wastewater.
SUSPENDED SOLIDS or S.S. Solids that either float on the surface of, or in suspension in, wastewater and which can be removed by standard laboratory procedures.
ug/l. Micrograms per liter, or ppb.
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.E.P.A. or E.P.A. The United States Environmental Protection Agency, or its successor.
USER. A person who discharges, either directly or indirectly, into the POTW and a municipality whose collection system discharges into the POTW.
VILLAGE DIRECTOR or DIRECTOR. The person designated by the village as the Director of Public Works.
WASTEWATER. Water discharged to the POTW by a user which may or may not contain other pollutants.
WEF. Water Environment Federation.
(Prior Code, § 542.02)