§ 50.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C.
   BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
   BUILDING SEWER. The extension from the building drain to the public sewer or other places of disposal.
   CLEAN WATER ACT. The Federal Pollution Control Act of 1972, being 33 U.S.C. §§ 1251 et seq., as amended.
   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 such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of such additional pollutants may include: chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds, fats, oils, and greases of animal or vegetable origin.
   DEBT SERVICE CHARGE. Charges levied to customers of the wastewater system, which charges 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 specified above.
   FEDERAL GRANT. A grant in aid in construction of wastewater treatment works provided under 33 U.S.C. §§ 1251 et seq.
   FEDERAL GRANT AMOUNT FOR THE INDUSTRIAL RECOVERY CHARGES. Only that portion of the total project costs of Project No. C-262310 for wastewater treatment which was funded by the U.S. Environmental Protection Agency.
   GARBAGE. Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
   INCOMPATIBLE POLLUTANTS. Any pollutant which is not a compatible pollutant.
   INDUSTRIAL COST RECOVERY. Recovery by the local agency from industrial users of the treatment works, or that portion of the federal grant amount allocable to the construction of facilities for the treatment of wastes from such users.
   INDUSTRIAL WASTE. Wastewater discharges from industrial, manufacturing, trade, or business processes, as distinct from their employees domestic wastes or wastes from sanitary conveniences.
   LOCAL AGENCY. The City of Negaunee or its designated official or department.
   MAJOR CONTRIBUTING INDUSTRY. Any industrial user of the publicly-owned treatment works that:
      (1)   Has a flow of 50,000 gallons or more per average work day;
      (2)   Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
      (3)   Has in its waste a toxic pollutant in toxic amounts as defined in the standards issued under § 307(a) of the Act; or
      (4)   Is found by the Permit Issuance Authority, in connection with the issuance of an NPDES permit to the publicly-owned treatment works receiving the waste, to have significant 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.
   MAY. The act referred to is permissive.
   NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface ground water.
   NON-INDUSTRIAL USER. Any governmental or residential user and also includes commercial, institutional, and other industrial users where it has been determined that the wastes contributed by these users are primarily segregated domestic wastes or wastes from sanitary conveniences.
   NORMAL DOMESTIC WASTES. Wastewaters from segregated domestic and/or sanitary conveniences, as distinct from wastes from industrial processes, which domestic wastes do not exceed a BOD strength of 250 mg/l or a suspended solids strength of 300 m/l.
   NPDES PERMIT. A permit issued pursuant to the National Pollutant Discharge Elimination System prescribed in the Clean Water Act, being 33 U.S.C. §§ 1251 et seq.
   OPERATION AND MAINTENANCE. All work, materials, equipment, utilities, and other effort required to OPERATE AND MAINTAIN the wastewater transportation and treatment system consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES permit and other applicable state and federal regulations, and includes the cost of replacement.
   PERSON. Any individual, firm, company, association, society, group, or corporation.
   PROPERLY SHREDDED GARBAGE. Wastes from the preparation, cooking, or dispensing of food that have 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 in any dimension.
   PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and which is controlled by the local agency.
   RECOVERED AMOUNTS. Annual payments from industrial users for their share of the federal grant amount allocable to the treatment of industrial waste by the recovery period. The first payment by an industrial user shall be made not later than one year after such user begins use of the treatment works.
   RECOVERY PERIOD. The industrial cost recovery period, which is hereby defined as a period of 30 years.
   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.
   RETAINED AMOUNTS. The portion of the recovered amounts retained by the local agency. The RETAINED AMOUNTS will be equal to 50% of the recovered amounts, together with interest earned thereon. RETAINED AMOUNTS shall be under the jurisdiction of the city.
   REVENUES and NET REVENUES. Defined in § 3 of the Public Act 94 of 1933, as amended, being M.C.L.A. § 141.103.
   SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
   SEWER. A pipe or conduit for carrying sewage.
   SEWER SERVICE CHARGE. The sum applicable of the user charge, surcharges, industrial cost recovery, and debt service charges.
   SHALL. The act referred to is mandatory.
   STORM DRAIN and STORM SEWER. A sewer which carries storm and surface waters and drainage, but which excludes sewage and polluted industrial wastes.
   SURCHARGE. As a part of the service charge, means the additional charge required to be paid by any customer discharging wastewater having strength in excess of 250 mg/l BOD and 300 mg/l SS, to cover the cost of treating such excess strength wastewater.
   SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and that are removable by laboratory filtering.
   SYSTEM. The complete city sanitary sewage system, including all mains, pumps, lift stations, and collection and disposal facilities, including all appurtenances thereto and including all extensions and improvements thereto, which may hereafter be acquired.
   USER CHARGE. A charge levied on users of a treatment works for the cost of operation and maintenance of sewage works, pursuant to the Clean Water Act, being 33 U.S.C. § 1284(b), 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), involved in a commercial enterprise, business, or service which, based on a determination by the local agency, 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 non-governmental user or manufacturing or processing facility that discharges industrial waste to a publicly-owned treatment works. INDUSTRIAL USERS shall be identified in the Standard Industrial Classification Manual (1972 edition), Office of Management and Budget, as amended and supplemented under the following divisions: Division A - Agriculture, Forestry, and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Communication, Electric, Gas, and Sanitary Services; Division I - Services.
      (4)   INSTITUTIONAL USER. Any establishment listed in the Standard Industrial Classification Manual (1972 edition) involved in a social, charitable, religious, or educational function, which, based on a determination by the local agency, 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 one or more persons, including dwelling units such as detached, semi-detached and row houses, mobile homes, apartments, and permanent multi-family dwellings. Transit lodging is not included; it is considered commercial.
   WASTEWATER. A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground waters as may be present.
   WASTEWATER PLANT. Any arrangement of devices and structures used for treating wastewater.
   WASTEWATER WORKS. All facilities for collecting, pumping, treating, and disposing of wastewater.
   WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. passed 4-11-2019)