The following words, terms and phrases, when used in this chapter all have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Acquire and acquiring mean acquisition by purchase, construction or any other method.
Act or the Act means the federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Approval Authority means the director of the state department of environmental quality, or, if the state does not have an approved state pretreatment program, the administrator of EPA region 5.
Authority shall mean the director of public works or designee.
Authorized enforcement agency means the director of public works or his designees.
Authorized representative of industrial user means:
(1) The principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2) The general partner or proprietor if the industrial user is a partnership or proprietorship; or
(3) A duly authorized representative of the individual designated in subsection (1) or (2) of this definition if such representative is responsible for the overall operation of the facilities from which the discharge originates.
Available municipal water supply means a municipal water main carrying potable water located in a right-of-way, easement, highway, street or public way which crosses, adjoins or abuts the property and located no more than 300 feet from the nearest point of any structure used or designed for human occupancy.
Available public sanitary sewer means a public sanitary sewer system located in a right-of-way, easement, highway, street or public way which crosses, adjoins, or abuts the property and located no more than 300 feet from the nearest point of the structure from which sanitary sewage originates.
Backflow shall mean water of questionable quality, wastes or other contaminants flowing into a public water supply due to a reversal of flow.
Best Management Practices (BMPs) means those schedules of activities, prohibitions or practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or separate storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure five days at 20 degrees Celsius expressed in terms of weight and concentration (mg/l).
Building drain or house drain means that part of the lowest horizontal piping of a drainage system which receives the discharge of wastewater from within a structure and conveys it to the building sewer.
Building sewer means a sewer conveying wastewater from the premises of a user to the POTW.
Categorical standards means National Categorical Pretreatment Standards or pretreatment standard.
Combined sewer means a sewer receiving sanitary and storm sewage.
Compatible pollutant means a substance amenable to treatment in the city POTW such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit of the city POTW designed to treat such pollutants and which does in fact remove such pollutants to a substantial degree. Examples of additional pollutants may include chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen and nitrogen compounds, fats, oils, and greases of animal or vegetable nature.
Construction activity means activities subject to NPDES Construction Permits. Generally these include construction projects resulting in land disturbance of one acre or more. Such activities include clearing and grubbing, grading, excavating, and demolition.
Control Authority means the Approval Authority or the Authority if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.
Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
Cross connection shall mean a connection or arrangement of piping or appurtenances through which a backflow could occur.
Cross connection control inspector shall mean the legally designated person whose duty it is to perform periodic inspections of premises within the city for detection of cross connections.
Curb box shall mean a fixture located between the structure served and the water main that provides protection and access to the water service shut off valve.
Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.
Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of the agency.
Garbage means solid waste from the preparation, cooking and dispensing of food, and from the handling, storage, processing and sale of produce. Properly shredded garbage is garbage that has been cut to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Grab sample means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
Health department means the official department of health of the county.
Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
Illicit Connection means a physical connection to the municipal separate storm sewer system that conveys illicit discharges into the system and/or is not authorized or permitted by the city; or any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Illegal Discharge means any discharge to the city storm water system that is not composed entirely of storm water except discharges pursuant to a NPDES permit or as otherwise exempted by section 82-274 of this article.
Imminent hazards shall mean, in the judgment of the Authority, there is a violation or a condition which may cause a violation of this code at a public water supply connection requiring immediate action to prevent endangering the health of the people.
Incompatible pollutant means any pollutant which is not a compatible pollutant.
Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or Section 307(c) of the Act into the POTW (including holding tank waste discharged into the system).
Indirect user means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act.
Industrial activity means activities subject to NPDES Industrial Permits as defined in 40 CFR, section 122.26 (b) (14).
Industrial discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or Section 307(c) of the Act into the POTW (including holding tank waste discharged into the system).
Industrial waste means liquid waste, solids or semisolids from industrial processes, trades or businesses as distinct from sanitary sewage.
Interference means the inhibition or disruption of the POTW treatment process or operations which contributes to a violation of any requirement of the city's NPDES permit or reduces the efficiency of the POTW. The term also includes interference in the use of sanitary sewage sludge or its disposal by the POTW under the criteria, guidelines or regulations contained in the city's approved sludge management plan.
MDEQ means the Michigan Department of Environmental Quality.
Municipal separate storm sewer system (MS4) means those facilities located within the city and owned by the city or the county drain commissioner or the county board of road commissioners by which storm water may be collected and conveyed to the waters of this state, including any streets or roads with drainage systems, inlets, curbs, gutters, storm pipes and retention, detention or infiltration basins, which are not part of the publicly-owned treatment works as defined by 40 CFR § 122.2.
National Categorical Pretreatment Standard or pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and Section 307(c) of the Act which applies to a specific category of industrial users.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by MDEQ that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
National Prohibited Discharge Standard or prohibited discharge standard means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
Natural outlet means any watercourse, pond, ditch, lake or other body of water, either surface water or groundwater.
New source means:
(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which no other source is located;
b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes or 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, 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 installation meeting the criteria of this section but otherwise alters, replaces, or adds to existing processes or production equipment.
(3) Construction of a new source 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;
2. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the new source facilities or equipment; or
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 subsection.
Non-Storm Water Discharge means any discharge to the separate storm sewer system that is not composed entirely of storm water.
Normal domestic strength wastewater means sanitary sewage or other wastewater which shall be a compatible pollutant and with BOD of 300 mg/l or less, suspended solids of 350 mg/l or less, and total phosphorus of 20 mg/l or less (as P).
NPDES permit means a permit issued pursuant to the National Pollution Discharge Eliminations System prescribed in Section 402 of the Act.
Nuisance shall mean the maintenance of a condition or activity upon private property or publicly owned property which endangers the public health or safety and includes all conditions and activities which violate state and local health statutes and ordinances.
Operation and maintenance means all work, materials, equipment, utilities and other efforts required to operate and maintain the wastewater transportation and treatment systems consistent with ensuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES permit and other applicable state and federal regulations, and including the cost of replacement.
Operations upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
pH means the logarithm (base 10) of the reciprocal of the weight of hydrogen ions expressed in grams per liter of solution.
Pipings shall mean water conveying water pipes, appurtenances, and related or connected devices, equipment or facilities.
Plans and specifications shall mean drawings, data and true description or representation of an entire waterworks system or parts thereof as it exists or is to be constructed, and a statement on how a waterworks system is to be operated.
Pollutant means anything which causes or contributes to pollution. Pollutants may include: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and other pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
Pollution means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
Potable water shall mean water free from impurities present in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical qualities shall conform to the requirements of the Michigan Safe Drinking Water Act, being Act No. 399 of the Public Acts of Michigan of 1976 (MCL 325.1001 et seq.), as amended.
Pretreatment or treatment means the reduction of the amount of pollutants, the elimination 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 such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, in plant process changes, or other means except as prohibited by 40 CFR 403.6(d).
Pretreatment requirements means any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
Private sewage disposal system means any septic tank, cesspool or other facilities intended or used for the disposal of sanitary sewage.
Public improvements means the public water supply and sanitary sewage disposal system improvements within and outside the city which are functional components of the respective system.
Public sanitary sewer means a sanitary sewer in which all owners of the abutting property have access and which is controlled by the Authority.
Publicly owned treatment works (POTW) means the treatment works as defined by section 212 of the Act which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant. For the purposes of this article, POTW shall also include any sewers that convey wastewater to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.
POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater.
Replacement means the replacement in whole or part of any equipment or facilities 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 shall mean the factor representing a ratio of the estimated sewage generated by a class of user to that generated by the normal single family user, usually measured in gallons per day, as established by resolution of the city council.
Residential users means all users that are domiciles or housing units, either single-family or multifamily.
Revenues and net revenues mean as defined in Section 3 of the Revenue Bond Act of 1933 (MCL 141.103).
Safe air gap shall mean the minimum distance of a water inlet or opening above the maximum highwater level or overflow rim in a fixture, device or container to which public water is furnished which shall be at least two times the inside diameter of the water inlet pipe and which shall not be less than one inch and need not be more than 12 inches.
Sanitary sewage means the liquid or water-carried waste discharge from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions.
Sanitary sewer means a sewer used or intended for the collection and transportation of sanitary sewage and wastewater or either of them and to which stormwaters, surface waters and groundwaters are not intentionally admitted.
Seal shall mean a device installed by the Authority so as to prevent the use of any piping, equipment facilities or appurtenances which would be a violation of this division.
Secondary water supply shall mean a water supply system maintained in addition to a public water supply system, including but not limited to water systems from ground or surface sources not meeting the requirements of the Michigan Safe Drinking Water Act, being Act No. 399 of the Public Acts of Michigan of 1976 (MCL 325.1001 et seq.), as amended, or water from a public water supply which in any way has been treated, processed or exposed to any possible contaminant or stored in other than an approved storage facility.
Sewage means any combination of sanitary sewage, stormwater, industrial waste, and uncontaminated industrial waste, or any of them.
Sewer means any pipe, tile, tube or conduit for carrying sewage.
Significant industrial user means:
(1) Except as provided in subsection (2) of this definition:
a. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter (I), Subchapter (N); and
b. Any other industrial user that discharges an average of 25,000 gallons per day or more of processed wastewater to the POTW (excluding sanitary noncontact cooling and boiler blow down wastewater); contributes a processed waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(2) Upon a finding that an industrial user meeting the criteria of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Authority may at any time, on his own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
Storm sewer or storm drain means an enclosed sewer or open ditch which carries stormwater and/or uncontaminated industrial wastes.
Storm sewer system or storm drainage system means those publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
Stormwater means atmospheric precipitation, surface water runoff, and flows from footing drains that travel to the nearest stream, channel, or impoundment.
Storm water pollution prevention plan (SWPP) means a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharge to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.
Submerged inlet shall mean a water pipe or extension thereto from a public water supply system terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminant which is unprotected against backflow.
Suspended solids means 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.
The system or system means the complete public water supply and sanitary sewage disposal system of the city, all wells, water mains, laterals, pumping stations, storage tanks, main and lateral sewers, sanitary sewage disposal plant and all related works, instrumentalities and properties used or useful in connection with the combined water supply and sanitary sewage disposal system, together with all additions, extensions and improvements.
Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provisions of CWA 307(a) or other acts.
Uncontaminated industrial wastes means water which has not come into contact with any substance used in or incidental to industrial processing operations.
Useful life means the estimated period during which the POTW will be operated.
User means any person who contributes, causes or permits the contribution of wastewater into the city's POTW and/or uses or consumes potable water supplied by the city.
User charge means a charge levied on users of the city's POTW for the cost of operation and maintenance of such works, and includes the cost of replacement.
Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any pollutants which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
Wastewater discharge permit means a permit as set forth in section 82-187.
Water utility shall mean a governmental unit, municipal or private corporation, association, partnership or individual engaged in furnishing potable water to the public.
Waters of the state means 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 of the state, or are designated as such on the USGS topographic map.
(Ord. No. 144, 5-16-2005; Ord. No. 158, 2-5-2007)