§ 51.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
   APPLICABLE COUNTY HEALTH DEPARTMENT. The Washtenaw County Health Department.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be:
      (1)   A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
      (2)   A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
      (3)   (a)   A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates, or for environmental matters of the company.
         (b)   Authorization for the individual must submit this representative in writing to the village designated in divisions (1) and (2) above.
   AVAILABLE PUBLIC SANITARY SEWER SYSTEM. A public sanitary sewer system located in a right-of-way, easement, highway, street, or public way which crosses, adjoins, or abuts upon the property and passing not more than 200 feet at the nearest point from a structure in which sanitary sewage originates.
   BIOCHEMICAL OXYGEN DEMAND (TOTAL BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, 5 days at 20°C expressed in terms of weight and concentration (milligrams per liter).
   BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives discharge from drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 5 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.
   BYPASS. The intentional diversion of waste streams from any portion of a user's pretreatment facility.
   CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard.
   CHEMICAL OXYGEN DEMAND (COD). A measure of the 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 OC and DOC, oxygen consumed and dichromate oxygen consumed, respectively.
   CHLORINE DEMAND. 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.
   COMBINED SEWER. A sewer receiving both surface runoff and sewage.
   COMPATIBLE POLLUTANT. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat the pollutants, and in fact does remove the pollutant to a substantial degree. Examples of the additional pollutants may include: COD, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds, fats, oils, and greases of animal or vegetable origin.
   COMPOSITE SAMPLE. A series of samples taken over a specific time period whose volume is proportional to the flow in the waste stream, which are combined into 1 sample.
   COOLING WATER. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
   DEBT SERVICE CHARGE. Charges levied to customers of the wastewater system and which are used to pay principal, interest, and administrative costs of retiring the debt incurred for construction of the wastewater system. The DEBT SERVICE CHARGE shall be in addition to the user charge.
   DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
   DIRECTOR. The Village Manager or other individual appointed by village trustees.
   ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency Administrator or other duly authorized official.
   GARBAGE. Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
   GRAB SAMPLE. A sample which is taken from a waste stream on a 1-time basis with no regard to the flow in the waste stream and without consideration of time.
   HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
   INCOMPATIBLE POLLUTANTS. Any pollutant which is not a compatible pollutant.
   INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants into the POTW (including holding tank waste discharge into the system).
   INDUSTRIAL USER. Any user which discharges industrial waste as defined in this chapter.
   INDUSTRIAL WASTES. The wastewater discharges from industrial, manufacturing, trade, or business processes, or wastewater discharge from any structure with these characteristics, as distinct from their employees' domestic wastes or wastes from sanitary conveniences.
   INTERFERENCES. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the village's NPDES permit or reduces the efficiency of the P01W. The terms also include prevention of sewage sludge use or disposal by the POTW.
   LABORATORY DETERMINATION. The measurements, tests, and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurement, test, or analysis of Standard Methods for Examination of Water and 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 this chapter.
   LATERAL LINE. The portion of the sewer system located under the street or within the street right-of-way from the property line to the trunk line and which collects sewage from a particular property for transfer to the trunk line.
   MAJORITY CONTRIBUTING INDUSTRY. Any industrial user of the publicly owned treatment works that:
      (1)   Has a flow of 50,000 gallons or more per average workday;
      (2)   Has a flow greater than 5% of the flow carried by the municipal receiving the wastes;
      (3)   Has in its waste a toxic pollutant in toxic amounts as defined in the standards under § 307(a) of the Federal Water Pollution Control Act of 1972 (33 U.S.C. § 1317a); or
      (4)   Is found by the permit issuance authority in connection with the issuance of NPDES permit to the publicly owned treatment works receiving the waste, to significantly impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works. All major contributing industries shall be monitored.
   NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any federal regulation containing pollutant discharge limits promulgated by the EPA in accordance with §§ 307(b) and (c) of Federal Water Pollution Act Amendments of 1972 which apply to a specific category of industrial users.
   NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
   NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act (33 U.S.C. § 1317b) and 40 C.F.R. pt. 403.5.
   NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
   NEW SOURCE. Any building, structure, facility, or installation from which there is or may be a discharge and for which construction commenced after the publication of proposed pretreatment standards under § 307(c) of the Clean Water Act will be applicable to the source if the standards are thereafter promulgated in accordance with § 307(c), and if any of the following provisions apply:
      (1)   The building, structure, facility, or installation is constructed at a site at which no other source is located;
      (2)   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; and/or
      (3)   The production of wastewater generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. The extent to which a new facility is engaged in the same general type of activity as the existing source and the extent of integration of the new facility with the existing plant should be considered in determining whether the process is substantially independent.
      (4)   Construction is considered to have commenced when installation or assembly of facilities/equipment has begun, significant site preparation has begun for installation or assembly, or the owner/operator has 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. (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 items (1) and (2) above but otherwise alters, replaces, or adds to existing process or production equipment.)
   NORMAL DOMESTIC WASTE. Wastewater which, when analyzed, shows a daily average concentration of not more than 330 mg/l of BOD, not more than 360 mg/l of suspended solids, not more than 21 mg/l of phosphorus.
   OBSTRUCTION. Any object of whatever nature that substantially impedes the flow of sewage from the point of origination to the trunk line. This shall include, but not be limited to, objects, sewage, tree roots, rocks, and debris of any type.
   OPERATION AND MAINTENANCE. All work, materials, equipment, utilities, and other effort required to operate and maintain the wastewater transportation and treatment system consistent with ensuring adequate treatment of wastewater to produce effluent in compliance with the NPDES permit and other applicable state and federal regulations, and includes the cost of replacement.
   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, firm, or corporation in control of a building.
   PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or its legal representatives, agents, or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
   pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
   POLLUTANT. Any of various chemicals, substances, and refuse materials such as solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, heat, and industrial, municipal, and agricultural wastes which impair the purity of the water and soil.
   POLLUTION. The manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 C.F.R. pt. 403.6(d).
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement for treating of a waste prior to inclusion in the POTW, other than a National Categorical Pretreatment Standard.
   PRIVATE SEWER. All service lines and equipment for the disposal of sewage installed or located on any property, from the property line to and including any structure or facility that exists on the property.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to the degree that all particles will be carried freely under the low conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
   PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and is controlled by public agency.
   PUBLICLY OWNED TREATMENT WORKS (P0TW). A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the village. This definition includes any sewers that convey wastewater to the POTW. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the village who are, by contract or agreement with the village, users of the village POTW.
   REPLACEMENT. The replacement in whole or in part of any equipment in the wastewater transportation or treatment systems to ensure continuous treatment of wastewater in accordance with the NPDES permit and other applicable state and federal regulations.
   RESIDENTIAL EQUIVALENT UNIT or REU. The measure of potential sewage discharge equal to the quantity normally generated by occupants of a residence by a single-family of average size. REU factors for other types of occupancy and use shall be determined in § 51.25.
   SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and groundwater are not intentionally admitted.
   SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the user's pretreatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
   SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with the groundwater as may be present.
   SEWAGE TREATMENT PLANT or WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
   SEWAGE WORKS. All facilities for collecting, pumping, treating, and disposing of sewage.
   SEWER. A pipe or conduit for carrying sewage.
   SEWER SERVICE CHARGE. The sum applicable of the user charge, surcharges, and debt service charges.
   SHALL. Is mandatory; MAY is permissive.
   SIGNIFICANT INDUSTRIAL USER. Any industrial user of the village's wastewater disposal system who:
      (1)   Is subject to National Categorical Pretreatment Standards;
      (2)   Has a nondomestic discharge flow of 25,000 gallons or more per average work day;
      (3)   Has a flow greater than 5% of the flow in the village's wastewater treatment system;
      (4)   Has in his or her wastes toxic pollutants as defined pursuant to § 307 of the Act (33 U.S.C. § 1317), state statues, and rules; or
      (5)   Is found by the village, MDEQ, or the U.S. EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
   SIGNIFICANT NONCOMPLIANCE. One or more of the following:
      (1)   Any violation of a daily maximum that the Director 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;
      (2)   Any discharge of a pollutant that has caused imminent endangerment to human health, public welfare, or the environment, or has resulted in the POTW exercising its emergency authority to halt or prevent such a discharge;
      (3)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a village-issued discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
      (4)   Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, and/or reports on compliance with compliance schedules; and/or
      (5)   Failure to accurately report noncompliance.
   SEWER SERVICE LEAD. A pipe tapped into a local collection sewer and extending thence into the structure on the premises.
   SLUG LOAD. Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
   STATE. The State of Michigan.
   STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
   STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   SUPERINTENDENT. The person designated by the village to supervise the operation of the POTW, who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
   SURCHARGE. As part of the service charge, any customer discharging wastewater having strength in excess of limits set forth by the village shall be required to pay an additional charge to cover the cost of treatment of the excess strength wastewater. Refer to § 51.24(I).
   SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.
   TAP-IN. The portion of the connecting sanitary sewer which joins the main sanitary sewer.
   TOXIC POLLUTANT. Any pollutant or combination of pollutants which is or can potentially be harmful to public health or environment including those listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of CWA 307(a) (33 U.S.C. § 1317 a), or other Acts.
   TRUNK LINE. The main sanitary sewer line located under any street or within any street right-of-way which collects and transmits the sewage of the various properties served by the sewer system.
   USER. Any person who contributes, causes, or permits the contribution of wastewater into the POTW.
   USER CHARGE. A charge levied on users of a treatment works for the cost of operation and maintenance of sewage works pursuant to § 204(b) of the Act (33 U.S.C. § 1284b), and includes the cost of replacement.
   USER CLASS. The kind of user connected to sanitary sewers, including, but not limited to, residential, industrial, commercial, institutional, and governmental.
      (1)   COMMERCIAL USER. An establishment listed in the Office of Management and Budget's Standard Industrial Classification Manual, (1972 Edition) as amended, involved in a commercial enterprise, business, or service which, based on a determination by the village, discharges primarily segregated domestic wastes or wastes from sanitary conveniences and which is not a residential user or an industrial user.
      (2)   GOVERNMENTAL USER. Any federal, state, or local government user of the wastewater treatment works.
      (3)   INDUSTRIAL USER. Any user who discharges an industrial waste as defined in this chapter.
      (4)   INSTITUTIONAL USER. Any establishment listed in the SICM involved in a social, charitable, religious, or educational function which, based on a determination by the village, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
      (5)   RESIDENTIAL USER. A user of the treatment works whose premises or buildings are used primarily as a domicile for 1 or more persons, including dwelling units such as detached, semi-detached and row houses, mobile homes, apartments, or permanent multi-family dwellings (transit lodging is not included; it is considered commercial).
   VILLAGE. The Village of Manchester, Michigan.
   WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
   WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
   WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(Ord. 247, passed 2-2-2004)