(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, adopted as Pub. Law No. 92-500 in 1972, as amended by Pub. Law No. 95-217 in 1977, 33 U.S.C. §§ 1251 et. seq., and any succeeding amendments and any administrative rules promulgated thereunder, as amended or revised from time to time.
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER. A representative of an industrial user who is:
(a) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(b) A general partner or proprietor if the industrial user is a partnership or proprietorship respectively; or
(c) A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the discharge originates, or for environmental matters of the industrial user. Authorization for this representative must be submitted in writing to the village by the individual designated in divisions (a) or (b) above.
BACKWASH. The backwash or discharge water from any water conditioning device such as, but not limited to, an iron filter, water softener or related device using sodium chloride, potassium chloride or related material containing either sodium or chloride as the generate.
BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°C expressed in terms of weight and concentration (milligrams per liter).
BUILDING DRAIN. Part of the lowest horizontal piping of a drainage system which receives the drainage from waste or other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.
BUILDING SEWER. Extension from the building drain to the public sewer or other places of disposal, including pipe or conduit in the public street right-of-way or public easements which serves a particular user's property. BUILDING SEWER also includes pump stations and force mains installed to serve a property by lifting sewage to the public sewer.
BYPASS. Intentional diversion of waste streams from any portion of a user's treatment facility.
CAPITAL CONNECTION FEE. The fee charged to premises seeking access to the Sewage Disposal System, as described in § 52.29(C)(4).
CHEMICAL OXYGEN DEMAND or 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 added to water or wastewater and the amount of residual chlorine remaining at the end of a specified contact period. The demand for any given water varies with the amount of chlorine applied, time of contact and temperature.
COMMODITY CHARGE. The charge imposed on users of the Sewage Disposal System as described in § 52.29(C)(1).
COMPATIBLE POLLUTANT. A substance amenable to treatment in the POTW such as biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the POTW was designated to treat the pollutants and in fact does remove the pollutant to a substantial degree. Examples of the 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.
COMPOSITE SAMPLE. A collection of individual samples which are obtained at regular intervals, collected on a time-proportional and/or flow-proportional basis, over a period of not less than 24 hours and which provides a representative sample of the average stream during the sampling period. If the composite sample is collected on a flow-proportional basis, the sampling shall be taken utilizing a flow-proportional sampling device and flow meter approved by the village.
CONNECTION CHARGE. The charge imposed on each user connecting or reconnecting to the Sewage Disposal System to recover the actual costs of the material, meter, labor, equipment and supervision related to the installation of the connection and meter as determined by resolution of the Village Council and set forth in the Village Fee Schedule.
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 or DEBT RETIREMENT. The charge that users of the Sanitary Sewage Disposal System shall be required to pay, including principal, interest, and administrative costs, for retiring local debt incurred for the construction of the village Sanitary Sewage Disposal System. DEBT SERVICE CHARGES shall be in addition to the user charges.
DEPARTMENT. The Department of Public Works.
DEPARTMENT OF ENVIRONMENT, GREAT LAKES & ENERGY or EGLE. The State of Michigan Department of Environment, Great Lakes & Energy, its Administrator or other duly authorized official.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
DIRECTOR. The Director of the Department of Public Works.
DISCHARGE. Any direct or indirect discharge of any waste, waste effluent, wastewater, pollutant or any combination into any of the waters of the state or upon the ground.
DRY WELL. An approved vessel or containment sized properly to handle backwash from any water conditioning device.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The United States Environmental Protection Agency, its 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. Also includes other solid waste such as wipes or diapers.
GRAB SAMPLE. A sample taken from a wastestream on a one-time basis without regard to the flow of the wastestream over a period of time not to exceed 15 minutes.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT. Any pollutant which is not a COMPATIBLE POLLUTANT.
INDIRECT DISCHARGE. The discharge or introduction of non-domestic pollutants into the Sewage Disposal System (including holding tank waste discharged into the Sewage Disposal System) from a non-domestic source.
INDUSTRIAL USER. A person who contributes, causes or permits the discharge of industrial waste into the Sewage Disposal System. Single-family and multi-family residential dwellings are specifically excluded.
INDUSTRIAL WASTE. The wastewater discharge from industrial, manufacturing, trade or business processes, or wastewater discharge from any structure with this characteristic, as distinct from their employees' domestic wastes or wastes from sanitary conveniences.
INTERFERENCE. A discharge, alone or in conjunction with a discharge or discharges from other sources, to which both of the following provisions apply:
(a) The discharge inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(b) Pursuant to division (a) above, the discharge is a cause of a violation of any requirement of the village or the Act or the State Act, 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 Act, the Solid Waste Disposal Act, 42 U.S.C. §§ 2601 et seq., including Title II, more commonly referred to as the Resource Conservation and Recovery Act and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act, the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substance Control Act, 15 U.S.C. §§ 2601 et seq. and the Marine Protection Research and Sanctuaries Act, 33 U.S.C. §§ 1401 et seq.
NATIONAL CATEGORICAL PRETREATMENT STANDARD, CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with §§ 307(b) and (c) of the Act (22 U.S.C. § 1317) which applies to a specific category of industrial users and which appear in 40 C.F.R. Chapter I, Subchapter N.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of 307(b) of the Act and 40 C.F.R. § 403.5.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
NEW SOURCE.
(a) Any building, structure, facility or installation from which there is or may be a discharge of pollutants and for which construction commenced after the publication of proposed pretreatment standards under § 307(c) of the Act will be applicable to the source if the standards are thereafter promulgated in accordance with § 307(c) of the Act, 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; or
3. The production or wastewater-generated processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. The extent to which the 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 facility should be considered in determining whether the process is substantially independent.
(b) Construction on a site at which an existing source is located which results in a modification that does not create a new building, structure, facility or installation meeting the criteria of divisions (a)2. or (a)3. above but otherwise alters, replaces or adds to existing process or production equipment.
(c) CONSTRUCTION OF A NEW SOURCE, as defined under this section, has commenced if 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 which is necessary for the placement, assembly or installation of new source facilities or equipment.
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.
NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
OBSTRUCTION. Any object of whatever nature which substantially impedes the flow of sewage from the point of origination to the public sewer. 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, administration and other effort required to operate and maintain the Sewage Disposal System consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with the village's NPDES permit and other applicable state and federal regulations.
ORDER. An order issued by the village in accordance with § 52.31.
OWNER. The owner or 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 that exits the Sewage Disposal System into waters of the state 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 Act, the State Act or the NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any individual, firm, company, association, society, corporation, joint stock company, trust, estate, governmental or any other legal entity, or its legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
pH. The logarithm (base 10) of the reciprocal concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT. Any of the following:
(a) Substances regulated by a National Categorical Pretreatment Standard, substances discharged to the POTW that are required to be monitored are limited in the POTW's permit or are identified in the POTW's permit application;
(b) Substances for which control measures are necessary to avoid worker health and safety problems in the POTW; and
(c) Various chemicals, substances and refuse materials such as 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 man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
PRETREATMENT or TREATMENT. 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 the pollutants into the Sewage Disposal System. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 C.F.R. § 403.6(d), as amended.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment prior to introduction in the Sewage Disposal System, other than a pretreatment standard.
PRETREATMENT STANDARD. National prohibitive discharge standards, National Categorical Pretreatment Standards and local limits.
PRIVATE SEWER LINES. All service lines and equipment for the disposal of sewage installed or located on any property from the public sewer to, and including, any structure or facility which exists on the property.
PUBLIC SEWER. A sewer pipe, conduit, pump station or force main designed to convey sewage in which all owners of abutting properties have equal rights and is controlled by the village.
PUBLICLY OWNED TREATMENT WORKS or POTW. The TREATMENT WORKS as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned and operated by the village and includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature. The term also includes sewers that convey wastewaters to the POTW from persons outside the village who or which are, by contract or agreement with the village, users of the village's POTW.
READINESS-TO-SERVE CHARGE. The charge calculated on the basis of meter size in accordance with § 52.29(C)(2).
REPLACEMENT. The replacement in whole or in part of any equipment, appurtenances and accessories in the Sewage Disposal System to ensure continuous treatment of wastewater in accordance with the village's NPDES permit and other applicable state and federal regulations.
RESIDENTIAL USER. A user 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 or permanent multi-family dwellings.
SANITARY SEWER. A pipe or conduit which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEPTIC TANK. An underground tank in which waste matter is decomposed through bacterial action.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to a user's pretreatment facilities which causes them to be 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.
SEWAGE or WASTEWATER. A combination of the liquid and water-carried wastes from residences, businesses and buildings, institutions and industrial establishments, together with the ground waters and surface waters as may be present, whether treated or untreated, which is contributed to or permitted to enter the Sewage Disposal System.
SEWAGE DISPOSAL SYSTEM. The complete Sewage Disposal System and publicly owned treatment works of the village, including all pumps, pump houses, sewage treatment facilities, sewers, lift stations and all other facilities used or useful in the collection, treatment and disposal of domestic, commercial, industrial or institutional wastes, and all other appurtenances thereto, including all easements, rights and land for the easements and including all extensions and improvements thereto which may be acquired or constructed on behalf of current and future users of the Sewage Disposal System.
SEWER or SEWER LINE. Pipe or conduit for carrying wastewater.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the Sewage Disposal System who:
(a) Is subject to National Categorical Pretreatment Standards;
(b) Discharges an average of 25,000 gallons per day or more of wastewater to the Sewage Disposal System;
(c) Contributes a wastewater flow which makes up 5% or more of the average dry weather hydraulic or organic capacity of the Village's Sewage Disposal System; or
(d) Is found by the village, the Department of Environmental Quality or the EPA to have a reasonable potential for adversely affecting the Sewage Disposal System's operation or for violating any pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE. One or more of the following:
(a) CHRONIC VIOLATION OF WASTEWATER DISCHARGE LIMIT defined as results of analyses in which 66% or more of all the measurements for a pollutant parameter taken during a six-month period exceed by any magnitude the corresponding daily maximum limit or the corresponding average limit;
(b) TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS defined as results of analyses in which 33% or more of all of the measurements for a pollutant parameter taken during a six-month period equal or exceed the product of the corresponding daily maximum limit multiplied by the applicable TRC factor, or the product of the corresponding average limit multiplied by the applicable TRC factor. (TRC factor equals 1.4 for BOD, fats, oil and grease and 1.2 for all other pollutants except pH);
(c) Any other violation of a daily maximum limit or an average limit that the village determines has alone or in combination with other discharges caused interference or pass through, including endangering the health of Department personnel or the general public;
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, public welfare or the environment, or has resulted in the village exercising its emergency authority under the State Act or this subchapter to halt or prevent such a discharge;
(e) 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;
(f) Failure to provide, within 30 days after the due date, required reports such as, but not limited to, baseline monitoring reports, 90-day compliance reports and/or reports on compliance with compliance schedules;
(g) Failure to timely or accurately report noncompliance; or
(h) Any other violation or group of violations which the village determines may adversely affect operation or implementation of the village's pretreatment program or operation of the Sewage Disposal System.
SPLIT SAMPLE. An equal division of a representative sample between two parties for the purpose of separate and independent laboratory analysis by the two parties.
SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards described in § 52.25.
STATE. The State of Michigan.
STATE ACT. Michigan Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq. the National Resources and Environmental Protection Act as amended, and any administrative rules promulgated thereunder, as amended or revised from time to time.
STORM SEWER. A sewer that 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.
SURCHARGE. An extra charge that any user discharging wastewater having strength in excess of limits set forth by the village shall be required to pay as an additional charge to cover the actual cost of treating, sampling and testing the extra strength sewage.
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.
TOXIC POLLUTANT. Any pollutant or combination of pollutants, which is or can potentially be harmful to the public health or the environment including those listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of § 307(a) of the Act or other acts.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with National 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 preventive maintenance or careless or improper operation.
USER. Any person who contributes, causes or permits the contribution of wastewater into the Sewage Disposal System.
VILLAGE. The Village of Pinckney, County of Livingston, State of Michigan.
VILLAGE TECHNICAL STANDARDS. The specifications for the design and construction of utilities and related improvements and components under the jurisdiction of the village, prepared by the village and on file with the Village Clerk, as the same may be in effect and amended from time to time.
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 Sewage Disposal System.
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.
(B) Abbreviations. In addition to the foregoing terms, the following abbreviations, when used in this subchapter, shall have the meanings set forth below, except where the context clearly indicates a different meaning:
(1) BOD. Biochemical oxygen demand;
(2) C.F.R. Code of Federal Regulations;
(3) COD. Chemical oxygen demand;
(4) DEQ. Department of Environmental Quality (State of Michigan);
(5) EPA. Environmental Protection Agency;
(6) IBC. International Building Code, Michigan Edition;
(7) l. Liter;
(8) mg. Milligrams;
(9) mg/l. Milligrams per liter;
(10) NPDES. National Pollutant Discharge Elimination System;
(11) P. Phosphorous;
(12) POTW. Publicly Owned Treatment Works;
(13) SS. Suspended solids; and
(14) U.S.C. United States Code.
(Ord. 68, passed 10-24-2005; Ord. 155, passed 1-11-2021; Ord. 165, passed 10-24-2022)