1041.02 DEFINITIONS; ABBREVIATIONS.
   (a)   Words, phrases and terms not otherwise defined shall be interpreted according to their common and ordinary meaning. Words and phrases used in the present tense include the future tense; words and phrases in the masculine gender include the feminine and neuter genders; and the singular number includes the plural, and the plural number includes the singular. As used in this chapter:
      (1)   "Act" means the CWA.
      (2)   "Approval Authority" means director of the MDEQ (formerly known as the Michigan Department of Natural Resources (MDNR), or his or her delegated representative.
      (3)   "As-Built Plans" means engineering drawings prepared after installation of storm water and wastewater facilities which show a statement by a registered engineer or surveyor certifying the drawings to be "as-built plans" and shall include, but not be limited to, length of sewer, invert elevation, location with respect to property lines, locations and depths of wyes, and sewer material and joints used.
      (4)   "Authorized Representatives of Industrial User" means:
         A.   President, Secretary, Treasurer or Vice-President, if the industrial user is a corporation.
         B.   A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively; or
         C.   A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the indirect discharge originates, provided:
            1.   The authorization is in writing; and
            2.   The written authorization is submitted to the County Agency.
      (5)   "BOD" or "Biochemical Oxygen Demand" means the quantity of dissolved oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days, at twenty degrees Centigrade (expressed in milligrams per liter (mg/l) as measured by procedures specified in 40 CFR 136, as amended.)
      (6)   "Building Drain" means, in plumbing, the part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer (house sewer). The latter begins five feet outside the inner face of the building wall.
      (7)   "Bulkhead" means a partition or concrete structure installed at an open end of a pipe or sewer to block the flow of water.
      (8)   "Bypass", as it pertains to a discharge from an industrial user's treatment facility, means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
      (9)   "Categorical Industry" means a non-domestic user discharging wastewater from any of the categories specifically established pursuant to the CWA and regulated under 40 CFR Chapter I, Subchapter N, pursuant to 40 CFR 403.6.
      (10)   "Categorical Pretreatment Standards" means national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by existing or new industrial users.
      (11)   "COD" or "Chemical Oxygen Demand" means a measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed in milligrams per liter (mg/l) as the amount of oxygen consumed from a chemical oxidant in a specific test.
      (12)   "Chlorine Demand" is defined as the amount of chlorine that must be added per unit volume of water or wastewater to produce the desired results under certain conditions. Usually the desired result is disinfection.
      (13)   "Combined Wastestream" means the wastestream at industrial facilities where regulated process effluent is mixed with other wastewater (either regulated or unregulated) prior to treatment.
      (14)   "Commercial User" means any user whose property is primarily used to conduct activities for monetary gain as may be defined in the Zoning Code.
      (15)   "Compatible Pollutant" shall mean a pollutant which can be effectively removed by the POTW treatment system to within acceptable levels for the POTW residuals and receiving stream. Specifically excluded are "heavy" metals, PCB's, and any pollutants that will likely contribute to or cause operational or sludge disposal problems or unacceptable discharges to the receiving waters. For the purpose of this chapter, the compatible pollutants are BOD, FOG, phosphorous and TSS.
      (16)   "Composite Sample" means a sample formed either by continuous sampling or by mixing discrete samples obtained at intervals over a time period. The sample may be either a time or flow proportional composite and shall reasonably reflect the characteristics of the wastestream at the time of each sample collection. For a continuous discharge, a minimum of four individual grab samples shall be collected and combined to constitute a twenty-four hour composite sample. Composite sampling protocols delineated in the permit take precedence.
      (17)   "Confidentiality" means protection of privileged information, as defined by Section 1041.06(b)(8).
      (18)   The "Control Authority" means the County of Wayne.
      (19)   "Cooling Water" means:
         A.   "Non-contact cooling water" means the discharge from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
         B.   "Contact cooling water" means water used for cooling purposes only, which may become contaminated either through the addition of water treatment chemicals, such as corrosion inhibitors, biocides or by direct contact with process materials.
      (20)   "County" means:
         A.   The County of Wayne, State of Michigan; or
         B.   A prefix denoting jurisdiction by the County Agency.
      (21)   "County Agency" means the Wayne County Department of Environment, Division of Public Works.
      (22)   "Critical Materials" means the organic and inorganic substances, elements or compounds listed in the rules compiled by the MDEQ.
      (23)   "Day" means calendar day unless otherwise stated.
      (24)   "Dilution" means the reduction in strength or concentration of substances by the addition of water.
      (25)   "Direct Discharge" means that wastewater discharged directly or via a storm sewer to a receiving stream such as a stream, river, lake, etc., rather than to a POTW.
      (26)   "Director" means the Director of the Wayne County Department of Environment.
      (27)   "Discharger" means any non-residential user who discharges an effluent into a POTW via pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and constructed devices and appliances appurtenant thereto.
      (28)   "Domestic Waste" means water-carried waste of human origin, from residences, business buildings, institutions, or industrial establishments, generated by personal activities (from sources such as kitchens, bathrooms, lavatories and toilets).
      (29)   "Drain" means all established drains regularly located and established in pursuance of law existing at the time of their location and establishment and visibly in existence, or in written drain easements or rights of way on file in the office of the County Drain Board, or in the executive office of the Director of the Division of Public Works.
         "Drain" includes the main stream or trunk and all tributaries or branches of any creek, river or ditch, either opened or closed; any covered drain or any sanitary or storm sewer or conduit composed of tile, brick, concrete or other material; any structures, facilities, or mechanical devices that will purify the flow of such drains; any pumping equipment necessary to assist or relieve the flow of such drains, levee, dike, barrier, or a combination of any or all of the same, constructed or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains.
      (30)   "Drainage Board" means the governing body of any Drainage District when such Drainage District requires a drainage board as provided by Michigan Public Act 40 of 1956. The term includes any lawful successor thereto.
      (31)   "Drainage District" means the public corporate body, including its geographical boundaries, with power to contract, to sue, and be sued, and to hold, manage, and dispose of real and personal property established in accordance with law and includes all such bodies as defined in Section 5 of Michigan Public Act 40 of 1956, or any lawful successor thereto.
      (32)   "Dwelling" means any structure designed for year-round habitation, including, but not limited to, houses, mobile homes, apartment buildings, condominiums and townhouses.
      (33)   "Effluent" means wastewater or other liquid which is raw, untreated or partially treated and flows out from a user to a reservoir, basin, treatment process or treatment plant.
      (34)   "Excess Flow" means that quantity of wastewater represented by the difference between the wastewater flows and the total adjusted sewered water consumption. Wastewater flow adjustments for billing purposes will be made in accordance with procedures set by the County Agency.
      (35)   "FOG" or "Fats, Oil and Grease” means fats, oils, grease, and other nonvolatile material of animal, vegetable, or mineral origin that is extractable in accordance with procedures set forth in 40 CFR 136, as amended.
      (36)   "Fees" means such charges as are payable to the County of Wayne for services rendered.
      (37)   "Flow" means the volume of liquid that flows through a passage of any given section over a given period of time.
      (38)   "Footing Drain" means a pipe or conduit which is placed around the perimeter of a building foundation and which intentionally admits ground water.
      (39)   "General Specifications" means the current edition of "General Specifications for Roads, Bridges and Miscellaneous Construction of the Board of Wayne County Road Commissioners", or its successor agency.
      (40)   "Governmental User" means any user whose property is primarily used by any department, commission, independent agency, or instrumentality of the United States, or of a State, County, incorporated or unincorporated municipality, township authority, district or other governmental unit.
      (41)   "Grab Sample" means an individual sample taken from a wastestream on a one-time basis, collected over a period not exceeding fifteen minutes, which reasonably represents the characteristics of the stream at the time of sampling.
      (42)   "Groundwater" means subsurface water occupying the saturation zone, from which wells and springs are fed. In a strict sense, the term applies only to water below the water table. Also called phreatic water, or plerotic water.
      (43)   "Hauled in Waste" means wastewater discharged into the POTW other than through sewer connections at the site of generation. Such waste may only be introduced to the POTW upon approval and at points designated by the POTW. Such waste is subject to all Federal, State and local ordinance requirements.
      (44)   "Hazardous Waste" means a solid waste or combination of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious character, may: (a) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed; or as defined in RCRA, or its regulations (promulgated at 40 CFR 261) and the NREPA.
      (45)   "Hold Tank Waste" means any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pack tank trucks.
      (46)   "Incompatible Pollutant" means any pollutant which is not a compatible pollutant.
      (47)   "Indirect Discharge" means the discharge or the introduction of non-domestic pollutants into the POTW from a source regulated under Section 307(b) or (c) of the Act.
      (48)   "Industrial User" shall mean a source of discharge to the POTW which originates from, but is not limited to, facilities engaged in industry, manufacturing, arts, trade or commerce, including the development, recovery or processing of natural products, whether public or private, commercial or charitable. Single and multiple family residential dwellings with discharges consistent with domestic waste characteristics are specifically excluded.
      (49)   "Industrial Waste" means any solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, research or business process or from the development, recovery or processing of natural resources.
      (50)   "Infiltration" means any water or groundwater entering a sewer system and service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, and manhole walls.
      (51)   "Influent" means that which flows in wastewater or other liquid and which is raw, untreated or partially treated and flows into a reservoir, basin, treatment process, or treatment plant.
      (52)   "Inhibition" means the disruption or interference of sewage treatment plant processes or operations.
      (53)   "Inorganic Matter" means chemical substances of mineral origin, or more correctly, not of basically carbon structure.
      (54)   "Institutional User" means any nonprofit or quasi-public use or institution, such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purpose as may be defined in the Zoning Code.
      (55)   "Interference" means a discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the POTW, its treatment processes, or operations, or its sludge processes, use or disposal; and which 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 by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Act; the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State regulations contained in the State Sludge Management Plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substance Control Act; and the Marine Protection, Research and Sanctuaries Act.
      (56)   "Local" means a city, township, charter township or village which is connected to or utilizing the publicly owned wastewater treatment and transportation system.
      (57)   "Local Discharge Limits" means the effluent limits found in Appendix A following the text of this chapter.
      (58)   "Master Pumping Station" means a pumping facility which discharges directly to a county sewer or indirectly, through a municipal sewer, to a county sewer. Where a group of pumping facilities are connected in a series, only the terminal pumping facility is considered to be the master pumping station.
      (59)   "MDEQ" means the Michigan Department of Environmental Quality, formerly known as the Michigan Department of Natural Resources.
      (60)   "NPDES Permit" means the National Pollutant Discharge Elimination System Permit issued pursuant to Section 402 of the Act, for discharge of wastewater into the surface waters of the State.
      (61)   "National Categorical Pretreatment Standard" means any Federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users.
      (62)   "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard" means any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5, as amended.
      (63)   "New Source" means 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.   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;
            3.   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 general type of activity as the existing source should be considered.
         B.   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 building, structure, facility or installation meeting the criteria of paragraph A.2. or 3. hereof but otherwise alters, replaces, or adds to existing process or production equipment.
         C.   Construction of a new source as defined under this paragraph 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; or
            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 paragraph.
      (64)   "Non-Domestic User" means all contributors to a wastewater system which are not domestic users.
      (65)   "Oil and Grease." See "FOG".
      (66)   "OM&R" or "Operations, Maintenance and Replacement” means those activities required to assure the dependable and economic function of the facilities.
         A.   Maintenance. The preservation of functional integrity and efficiency of equipment and structures, including preventive maintenance, corrective maintenance, and replacement of equipment as needed.
         B.   Operation. The control of the unit processes and equipment that make up the facilities. This includes, but is not limited to, financial and personnel management, records, laboratory control, processing control, safety, and emergency operation planning.
         C.   Replacement. Expenditures for obtaining and installing the equipment, accessories or appurtenances which are necessary for the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term operation and maintenance includes replacement.
      (67)   "Organic Matter" means chemical substances of animal or vegetable origin, or more correctly, of basically carbon structure, comprising compounds consisting of hydrocarbons and their derivatives.
      (68)   "Pass-through" means the discharge of pollutants through the POTW into navigable waters in quantities or concentrations, which alone or in conjunction with the 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).
      (69)   "Person" means any individual, partnership, co-partnership, firm, company, association, society, trust, estate, corporation, public corporation or governmental entity, or any other legal entity, or their representatives, agents, or assigns. This definition includes all Federal, State and local governmental entities.
      (70)   "pH" means a measure of the acidity or alkalinity of an aqueous solution. It is defined as the logarithm (Base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solution.
      (71)   "Phosphorus" means the total concentration of all forms of organic and inorganic phosphorus compounds in wastewater, expressed in milligrams per liter (mg/l) as phosphorus. Quantitative determinations shall be made in accordance with procedures set forth in 40 CFR 136 (methods).
      (72)   "Point of Discharge" means any discernible, confined and discrete conveyance or vessel from which wastewater and pollutants are or may be discharged into a public waterway or public sewer system.
      (73)   "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, metals, organic material, inorganic material, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
      (74)   "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.
      (75)   "Pollution Prevention" is defined as waste reduction prior to recycling, treatment, or disposal. It may be accomplished by incorporating in-plant processes that reduce, avoid or eliminate the use of the toxic materials and/or generation of pollutants and wastes so as to reduce risks to human health and the environment, preserve natural resources through conservation and to assist users in meeting local discharge limits.
      (1)
      (76)   "POTW" means a treatment works as defined by Section 212(2)(A) of the Act, which is owned in this case by the County. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of Municipal sewage or industrial wastes of a liquid matter. It includes sewers, pipes and other conveyances, conveying wastewater to the POTW treatment plant, owned or operated by the County of Wayne or its drainage districts or governmental entities tributary thereto.
      (77)   "POTW Treatment Plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
      (78)   "Pretreatment" means the treatment of wastewater before introduction into a publicly owned sewer system. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or pollutant properties, in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW (40 CFR 403.3(q)). The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d), as amended.
      (79)   "Pretreatment Requirements" means any substantive or procedural requirement related to pretreatment other than a National Pretreatment Standard imposed on an industrial user.
      (80)   "Pretreatment Standards" 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 the Categorical Pretreatment Standards, alternative discharge limits, or other Federal, State, or local standards, whichever are applicable.
      (81)   "Primary Treatment" means the quiescent sedimentation of wastewater with skimming, collection, and removal of settled sludge, floating debris, and grease.
      (82)   "Priority Pollutant" means any compound which appears on the USEPA list of 129 priority pollutants comprised of metals, toxic organics and materials, such as asbestos, which require treatment.
      (83)   "Private" means a prefix denoting jurisdiction by a non-governmental entity.
      (84)   "Proprietary" means exclusive rights to ownership or control of patents, formulas, processes, etc., associated with production.
      (85)   "Receiving Waters" means both surface and underground waters, including all ponds, lakes, rivers, streams, public ditches or public drainage systems, other than those designated to collect, convey or dispose of sanitary sewage.
      (86)   "Residential User" means any user whose sanitary sewage emanates from a property primarily used as a domicile, including multiple dwellings, and whose sewage characteristics are within the definitions of domestic waste.
      (87)   "Secondary Wastewater Treatment" means the treatment of wastewater by biological methods after primary treatment.
      (88)   "Severe Property Damage" means substantial physical damage to 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.
      (89)   "Sewer" means a pipe or conduit that carries wastewater or drainage water.
         A.   Building Sewer. In plumbing, the extension from the building drain to the public sewer or other place of disposal. Also called “house connection”.
         B.   Combined Sewer. A sewer intended to receive both wastewater and storm or surface water.
         C.   Common Sewer. A sewer in which all owners of abutting properties have equal rights.
         D.   County Sewer. A public sewer controlled by the County Agency.
         E.   Intercepting Sewer. A sewer that receives dry weather flow from a number of transverse sewers or outlets and frequently additional pre-determined quantities of storm water (if from a combined system), and conducts such waters to a point for treatment or disposal.
         F.   Lateral Sewer. A sewer which is designed to receive a building sewer.
         G.   Municipal Sewer. A public sewer exclusive of a County sewer.
         H.   Public Sewer. A common sewer operated or owned by a governmental agency or public utility which is connected, discharging, or tributary to a County-owned or operated POTW.
         I.   Sanitary Sewer. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
         J.   Separate Sewer. "Separate" means a prefix denoting a wastewater transmission facility which is intended to transport sanitary wastewater only.
         K.   Storm Sewer. A sewer that carries storm water and surface water, street wash and other wash waters, or drainage, but excludes domestic wastewater and industrial wastewater. Also called “storm drain”.
         L.   Trunk Sewer. A sewer which connects the lateral to the intercepting sewer and to which building sewers may be connected.
      (90)   "Sewerage". See "Wastewater".
      (91)   "Shall" means mandatory.
      (92)   "Significant Industrial User (SIU)" means:
         A.   Except as provided in paragraph B. hereof, the term "Significant Industrial User" means:
            1.   All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N, as amended; and
            2.   Any other industrial user that:
               a.   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);
               b.   Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
               c.   Is designated as such by the County Agency 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), as amended).
         B.   Upon a finding that an industrial user meeting criteria in paragraph A.2. hereof has no reasonable potential for adversely affecting the POTW's operation, or for violating any Pretreatment Standard, requirement or local limit, the County Agency may, at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), as amended, determine that such industrial user is not a significant industrial user.
      (93)   "Significant Noncompliance (SNC)" means an industrial that user is in significant noncompliance if its violation meets one or more of the following criteria:
         A.   Chronic violations of wastewater discharge limits, defined herein 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;
         B.   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 to the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
         C.   Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the County Agency determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
         D.   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Section 1041.06 (40 CFR 403.8(f)(1)(vi)(B), as amended) to halt or prevent such discharge.
         E.   Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit, compliance schedule or conciliation agreement, or enforcement order, for starting construction, completing construction, or attaining final compliance;
         F.   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;
         G.   Failure to accurately report noncompliance;
         H.   Any other violation or group of violations which the County Agency determines will adversely affect the operation or implementation of the County's Industrial Pretreatment Program.
      (94)   "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply plant, or air pollution control facility.
      (95)   "Slug" or "Slug Load" means the release of any pollutant of a non-routine nature, including, but not limited to, an accidental spill or a non-customary batch discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) to 403.12(f).
      (96)   "Standard Industrial Classification" or "(SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, or the North American Industrial Classification System.
      (97)   "State or Federal Regulations or Standards Incorporated by Reference" means a State or Federal law, regulation or standard which is incorporated by reference into this chapter and means that version which is in effect on the date of enactment of this chapter.
      (98)   "Storm Water" means the excess water running off from the surface of a drainage area during and immediately after a period of precipitation, including, but not limited to, rain, sleet, snow or snow melt. (It is that portion of precipitation and resulting flow that is in excess of that which can be absorbed through the infiltration capacity of the surface of the basin.)
      (99)   "Stormwater Transmission Facilities" means all facilities for collecting, transporting, regulating, pumping and storing of storm water.
      (100)   "Surcharge" means an extra charge imposed upon a user of the sewer system to compensate Wayne County for its cost of treating, sampling and testing due to the discharge of a compatible pollutant into the POTW by the industrial user.
      (101)   "Surface Water" means:
         A.   All water on the surface, as distinguished from subterranean water; or
         B.   Water appearing on the surface in a diffused state, with no permanent source of supply or regular course for any considerable time, as distinguished from water appearing in watercourses, lakes or ponds.
      (102)   "TSS" or "Total Suspended Solids" means the filterable residue, in milligrams per liter (mg/l), as determined by 40 CFR 136, as amended.
      (103)   "Total Adjusted Sewered Water Consumption" means the water consumption of a district as determined by master water meters so located as to register the total water consumption in the district, provided that, if such master meters are not available, the amount of water consumed shall be determined by converting the consumption indicated by the individual water meters in use in the district to the equivalent of master meter indicated consumption by applying the factor hereinafter set forth. If any premises within the district shall be furnished with wastewater disposal services but shall be supplied with water not included in the quantity of water as indicated by the master meters, then there shall be added to the amount of water indicated by the master meter the amount of water consumed upon all such premises as shown by individual water meters in use thereon, or if there shall be no water meters in use thereon, then as estimated in a manner prescribed or approved by the County Agency.
      (104)   "Toxic Pollutant" means any pollutant or combination of pollutants listed in 40 CFR 401.15 as toxic under the provisions of the Act or listed in the Critical Materials Register promulgated by the MDEQ.
      (105)   "Upset" as it pertains to industrial user treatment facilities means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards or local limitations because of factors beyond the reasonable control of the industrial 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.
      (106)   "USEPA" means the United States Environmental Protection Agency.
      (107)   "User" means any person who contributes, causes or permits the contribution of wastewater into the sewage works.
      (108)   "User Charge" means a charge levied on users of the POTW for the cost of operations, maintenance and replacement of the POTW.
      (109)   "Wastewater" means a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, whether treated or untreated, which are contributed to or permitted to enter the POTW. Wastewater may also contain inflow and infiltration and cooling water. See the following definitions modifying wastewater:
         A.   Combined Wastewater. A mixture of storm water and other wastewater such as domestic or industrial wastewater.
         B.   Domestic Wastewater. Wastewater derived principally from residential dwellings, business buildings, and institutions. It refers to the waste flow that originates mainly from the kitchen, bathroom and laundry.
         C.   Industrial Wastewater. Wastewater from industrial and certain commercial operations.
      (110)   "Wastewater Survey" means an investigation of the quality and characteristics of each wastestream, as in an industrial plant or municipality.
      (111)   "Weir" means a device that has a crest and some side containment of known geometric shape, such as a V, trapezoid, or rectangle, and is used to measure or restrict the flow of a liquid. The liquid surface is exposed to the atmosphere. Flow is related to upstream height or water above the crest, to the position of the crest with respect to downstream water surface, and to the geometry of the weir opening.
      (b)   Abbreviations.–The abbreviations listed herein shall have the following meanings:
BOD   Biochemical Oxygen Demand
CDBPWA   County Department and Board of Public Works Act, Act 185 of 1957, as amended
CFR   Code of Federal Regulations
COD   Chemical Oxygen Demand
CWA   Clean Water Act (Chapter 26 of the Federal Water Pollution Control Act of 1972, (Public Law 91-500), as amended)
FWPCA   Federal Water Pollution Control Act of 1972, (Public Law 91-500), as amended
FOG   Fats, Oils and Grease
L   Liter
MG   Milligrams
MG/L   Milligrams Per Liter
MDEQ   Michigan Department of Environmental Quality
NPDES   National Pollutant Discharge Elimination System
NREPA   Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended
OM&R   Operation, Maintenance and Replacement
POTW   Publicly Owned Treatment Works
RCRA   Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended
SIC   Standard Industrial Classification
SWDA   Solid Waste Disposal Act, 42 USC 690l et seq.
TSS   Total Suspended Solids
USC   United States Code
USEPA   United States Environmental Protection Agency
(Ord. 712. Passed 2-14-01.)