Unless the context specifically indicates otherwise, the following terms and phrases used in this chapter shall have the following meanings:
(a) "Act" means Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. 1251 et seq.
(b) "Authorized representative of industrial user" means:
(1) In case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
(2) In the case of a partnership or proprietorship, a general partner or proprietor; and
(3) An authorized representative of the individual designated above if:
A. Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
B. The authorization is in writing; and
C. The written authorization is submitted to the POTW.
(c) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.
(d) "Industrial user" or "user" means any person who introduces pollutants into a POTW from any nondomestic source regulated under the Act, State law or local ordinance.
(e) "Interference" means any discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW and any of its processes or operations, or its sludge use or disposal; and
(2) Therefore 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) or of the prevention of sewage sludge use or disposal.
(f) "National categorical pretreatment standard," or "categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act (33 U.S.C. 1317), which applies to a specific category of industrial users.
(g) "New source" means any building, structure, facility or installation of which the construction commenced after the publication of proposed pretreatment standards under Section 307 (c) (33 U.S.C. 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) The construction is a site at which no other source is located;
(2) The process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or
(3) The production or wastewater generating processes are substantially independent of an existing source at the same site.
(h) "NPDES" or "State discharge permit" means a permit issued pursuant to Section 409 of the Federal Water Pollution Control Act (33 U.S.C. 1349).
(i) "Pass-through" means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
(j) "Person" means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
(k) "pH" means the logarithm (base ten) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
(l) "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological material, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant.
(m) "Pretreatment" or "treatment" means the reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
(n) "Pretreatment standard" or "standard" means any local, State or Federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits, including those promulgated under 40 CFR 403.5, and categorical pretreatment standards.
(o) "Publicly Owned Treatment Works (POTW)" means a treatment works as defined by Section 212 of the Act, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality, as defined in Section 502 (4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
(p) "Severe property damage" means substantial physical damage to or property damage to the treatment facilities which causes them to become 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.
(q) Significant industrial user:
(1) Except as provided in paragraph (q)(2) hereof, the term significant industrial user means:
A. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N;. and
B. Any other industrial user that:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or contributes a process waste stream which makes up to five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or
2. Is designated as such by the POTW 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 (in accordance with 40 CFR 403.8(f)(6)).
(2) Upon a finding that an industrial user meeting the criteria in paragraph (q)(1)B. hereof has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
(r) "Significant noncompliance (SNC)" means:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent 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 thirty-three percent or more of all of the measurements for each pollutant parameter 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=I.4 for BOD, 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) that the control authority determines has caused, alone or in combination with other discharges, interferences 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 or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 to halt or prevent such a discharge;
(5) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within thirty days after the due date, required reports, such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(s) "Slug discharge" means any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
(t) "State " means the State of Michigan.
(u) "Toxic pollutant" means any pollutant or combination of pollutants identified as toxic pursuant to section 307 (A) of the Federal Water Pollution Control Act or other Federal statutes or in regulations promulgated by the State under State law.
(v) "Wastewater" means the liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated.
(w) "Waters of the State" includes:
(1) Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and
(2) The flood plain free-flowing waters determined by the Department of Environmental Quality on the basis of 100-year flood frequency, or any other waters specified by State law.
(Ord. 22C. Passed 4-15-96.)