§ 51.002  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AUTHORITY.  The Kalamazoo Lake, Sewer and Water Authority (sometimes referred to as “KLSWA”), its Manager and authorized representatives.
   AUTHORITY MANAGER.  The Kalamazoo Lake, Sewer and Water Authority Manager.
   BOD (BIOCHEMICAL OXYGEN DEMAND).  The quantity of oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
   BUILDING DRAIN.  That 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 the 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 place of disposal.
   BYPASS.  The intentional diversion of waste streams from any portion of an industrial users treatment process or facility.
   CATEGORICAL INDUSTRY.  Any industry which the Environmental Protection Agency recognizes as belonging to one of the groups listed as such.
   CITY.  The City of Saugatuck, Allegan County, Michigan, as represented by the City Council.
   CLASSES OF USERS.  The division of sanitary sewer customers into classes by similar process or discharge flow characteristics as follows.
      (1)   COMMERCIAL USER.  Any retail or wholesale business engaged in selling merchandise or a service that discharges only segregated domestic wastes or wastes from sanitary conveniences.
      (2)   GOVERNMENTAL USER.  Any federal, state or local government office or government service facility that discharges only segregated domestic wastes or wastes from sanitary conveniences.
      (3)   INDUSTRIAL USER.  Any manufacturing establishment which produces a product from raw or purchased material. A user may be excluded from the INDUSTRIAL USER class if it is determined that the user will discharge only segregated domestic strength wastes or wastes from sanitary conveniences. Industrial users subject to the “Industrial Cost Recovery System” shall include the following:
         (a)   Any non-governmental user of a publicly owned treatment works which discharges more than 25,000 gallons per day of sanitary waste, or a volume of process waste, or combined process and sanitary waste, equivalent to 25,000 gallons per day of sanitary waste;
         (b)   Any non-governmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids or gasses, in sufficient quantity either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in, or have an adverse effect on, the waters receiving any discharge from the treatment works; and
         (c)   All commercial users of an individual system constructed with grant assistance under § 201(h) of the Act, being 33 U.S.C. § 1281(h), and this chapter.
      (4)   INSTITUTIONAL USER.  Any educational, religious or social organization such as a school, church, nursing home, hospital or other institutional user that discharges only segregated domestic wastes or wastes from sanitary conveniences.
      (5)   RESIDENTIAL USER.  An individual home or dwelling unit, including mobile homes, apartments, condominiums or multi-family dwellings, that discharges only segregated domestic wastes or wastes from sanitary conveniences.
   COD (CHEMICAL OXYGEN DEMAND).  The oxygen consuming capacity of inorganic and organic matter present in wastewater.
   COMBINED SEWER.  A sewer receiving both surface runoff and sewage.
   COMPATIBLE POLLUTANT.  Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus any additional pollutants identified in the NPDES permit if the treatment works was designed to treat the pollutants and can, in fact, remove the pollutants to a substantial degree. The term SUBSTANTIAL DEGREE generally means removals on the order of 80% or greater.
   DISCHARGE or INDIRECT DISCHARGE.  The introduction of pollutants into the POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Federal Water Pollution Control Act as amended by the Clean Water Act of 1977, being 33 U.S.C. § 1317(b), (c) or (d).
   GARBAGE.  Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   INCOMPATIBLE POLLUTANT.  Any pollutant that is not a “compatible pollutant,” as defined in this section.
   INDUSTRIAL COST RECOVERY.  The recovery from each industrial user, as defined in this section, that portion of the United States Environmental Protection agency grant which is allocable to the treatment of industrial wastes from the industries. The industrial cost recovery charge is further defined in §§ 51.110et seq.
   INDUSTRIAL WASTES.  The liquid wastes from industrial manufacturing processes, trade or business as distinct from segregated domestic strength wastes, or wastes from sanitary conveniences.
   INFILTRATION.  Any waters entering the system from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
   INFILTRATION/INFLOW.  The total quantity of water from both infiltration and inflow.
   INFLOW.  Any waters entering the system through such sources as, but not limited to, building downspouts, footing or yard drains, cooling water discharges, seepage lines from springs and swampy areas, and storm drain cross connections.
   INSPECTOR.  Any person or persons authorized by the Authority to inspect and approve the installation of building sewers and their connection to the public sewer system.
   INTERFERENCE.  A discharge which, alone or in conjunction with discharges from other sources, both inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal, and 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 in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): § 405 of the Clean Water Act, being 33 U.S.C. § 1345, the Solid Waste Disposal Act (SWDA), being 42 U.S.C. §§ 6901 et seq. (including Title II, more commonly referred to as the Resource Conservation and Recovery act (RCRA)), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, being 42 U.S.C. §§ 6941 et seq., the Clean Air Act, being 42 §§ U.S.C. 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., and the Marine Protection, Research and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
   MAY.  Permissive.
   MG/L.  Milligram per liter.
   NATURAL OUTLET.  Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   NEW SOURCE.
      (1)   Any building, structure, facility or installation from which there is or may be a discharge of pollutants, 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 of 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, and the extent to which the new facility is engaged in the same type of activity as the existing source should be considered.
      (2)   The term includes the replacement or addition of either process or production equipment generating waste water at an established site.
      (3)   Construction of a NEW SOURCE as defined under this definition has commenced if the owner or operator has:
         (a)   Begun or caused to begin as part of a continuous on-site construction program, any placement, assembly or installation of facilities or equipment, or 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; 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 division.
   NON-CATEGORICAL INDUSTRY.  Any industry not classified by the Environmental Protection Agency as a categorical industry.
   NORMAL STRENGTH SEWAGE.  A sanitary wastewater flow containing an average daily BOD of not more than 200 mg/l or an average daily suspended solids concentration of not more than 250 mg/l.
   NPDES PERMIT.  Stands for the national pollution discharge elimination system permit. According to the Water Pollution Control Act, being 33 U.S.C. §§ 1251 et seq., as amended, it prohibits any person from discharging pollutants into a waterway from a point source unless the discharge is authorized by a permit issued either by the United States Environmental Protection Agency or by an approved state agency. The term shall also mean the permit issued pursuant to the national pollution discharge elimination system for the discharge of wastewater into the waters of the state.
   OPERATION AND MAINTENANCE (O and M) COSTS.  All costs, direct and indirect (other than debt service), necessary to ensure adequate wastewater treatment on a continuing basis, to conform with all related federal, state and local requirements, and to assure optimal long-term facility management. O and M costs include depreciation and replacement costs.
   PASS THROUGH.  A discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with discharges from other sources, 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.
   PERSON.  Any individual, firm, company, association, society, corporation or group.
   pH.  The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
   PPM.  Parts per million.
   PRETREATMENT.  The treatment of extra strength wastewater flows in privately owned pretreatment facilities prior to discharge into publicly owned sewage works.
   PRIVATE WASTEWATER DISPOSAL SYSTEM.  A cesspool, septic tank or similar device which discharges to a suitable drainage field.
   PROPERLY SHREDDED GARBAGE.  The wastes from the preparation, cooking and dispensing of food that have been shredded to such a 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 dimension.
   PROPERTY DAMAGE, SEVERE.  Substantial physical damage to property, or damage to 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. It does not mean an economic loss caused by delays in production.
   PUBLIC SEWER.  A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
   PUBLICLY OWNED TREATMENT WORKS (POTW).  The treatment works as defined by § 212 of the Act, being 33 U.S.C. § 1292, which is owned by the Kalamazoo Lake, Sewer and Water Authority. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW treatment plant. The term also means the municipality which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
   REPLACEMENT.  Necessary expenditures made during the service life of the treatment works to replace equipment and plant appurtenances required to maintain the intended performance of the treatment works.
   SANITARY SEWER.  A sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
   SEWAGE.  A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with the ground, surface and storm water as may be present. The three most common types of sewage are:
      (1)   COMBINED SEWAGE.  Wastes including sanitary sewage, industrial sewage, storm water, and infiltration and inflow carried to the wastewater treatment facilities by a combined sewer;
      (2)   INDUSTRIAL SEWAGE.  A combination of liquid and water carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment. This shall include the wastes from pretreatment facilities and polluted cooling water; and
      (3)   SANITARY SEWAGE.  The combination of liquid and water carried wastes discharged from toilet and other sanitary plumbing facilities.
   SEWAGE TREATMENT FACILITY.  Any arrangement of devices and structures used for treating sewage.
   SEWAGE WORKS.  All facilities for collecting, pumping, treating and disposing of sewage.
   SHALL is mandatory.
   SIGNIFICANT INDUSTRIAL USER.
      (1)   All dischargers subject to United States Environmental Protection Agency’s categorical pretreatment standards.
      (2)   All non-categorical dischargers that, in the opinion of the Authority, have a reasonable potential to adversely affect the POTW operation, or which discharge a waste stream making up 5% of the dry weather hydraulic or organic capacity of the POTW, or discharge greater than 25,000 gallons per day into the POTW.
   SIGNIFICANT NON-COMPLIANCE.
      (1)   Chronic violations of local discharge limits, defined as those in which 66% or more of all the samples and measurements collected during any 6-month period exceed the daily maximum limit or the average limit for the same pollution parameter.
      (2)   Technical review criteria (TRC) violations in which 33% or more of all samples or measurements for each pollutant parameter taken during any 6-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH.)
      (3)   Any other violation of a pretreatment effluent limit (daily maximum or long-term average) which, in the opinion of the Manager, has caused interference, pass through, or endangered the health of POTW personnel or the general public, alone or in combination with other discharges.
      (4)   Any discharge which presents an imminent danger to human health, welfare or to the environment, or has resulted in the Manager’s exercise of his or her emergency authority to halt or prevent such a discharge.
      (5)   Failure to meet, within 90 days of the scheduled date, a compliance milestone or enforcement order for starting construction, completing construction, or attaining final compliance.
      (6)   Failure to provide, within 30 days of the due date, required compliance reports, self-monitoring reports, base line monitoring reports, or other reports required by this chapter.
      (7)   Failure to accurately report noncompliance.
      (8)   Any other violations which the Manager determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUDGE.  Accumulated solid material separated from liquid waste as a result of the wastewater treatment process.
   SLUG.  Any discharge of water, wastewater or industrial wastewater which, in concentration of any given constituent, is more than five times the average 24 hours concentration of flows during normal operation.
   STORM DRAIN or STORM SEWER.  A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
   SUSPENDED SOLIDS.  Solids that either float on the surface of, or in suspension in, water, sewage or other liquids and which can be removed by laboratory filtering.
   TOWNSHIP.  Saugatuck Township, as represented by the Township Board.
   UG/L.  Micrograms per liter.
   USER DEBT RETIREMENT CHARGE.  The charge levied on all users of the sewage works for the cost of any bond debt of which debt repayment is to be met from the revenues of the works.
   USER O&M CHARGE.  The charge levied on all users of the sewage works for the cost of operation and maintenance, including replacement and depreciation of the treatment works.
   VILLAGE.  The Village of Douglas, Allegan County, Michigan, as represented by the Douglas Village Council.
   WASTEWATER.  A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with the ground, surface and storm waters as may unintentionally be present.
   WASTEWATER TREATMENT PLANT.  Any arrangement of devices and structures used for treating wastewater.
   WATERCOURSE.  A channel in which a flow of water occurs, either continuously or intermittently.
   WYE BRANCH.  A local service connection to the sewer that is made at an angle similar to a “wye” so that a sewer cleaning rod will not come into the sewer at a right angle and penetrate the far side, but will travel down the course of the sewer.
(Ord. passed 4-24-1995)