For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
AVAILABLE PUBLIC SANITARY SEWER SYSTEM. A public sanitary sewer system (tapped or untapped) located in a right-of-way, easement, highway, street, or public way which crosses, adjoins, or abuts upon the property and passes not more than 200 feet at the nearest point from a structure in which sanitary sewage originates.
B.O.D. OR BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in 5 days at 20°C, expressed in PPM by weight.
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge of sewage inside of the walls of the building and conveys the discharge to the building sewer.
BUILDING SEWER. The extension from the building drain which conveys the discharge of sewage to the public sewer system and its components or other place of disposal.
BYPASS. The intentional diversion of waste streams from any portion of a user’s treatment facility.
CATEGORICAL PRETREATMENT STANDARDS (also FCPS).
(1) The national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged into a system by a specific category of industrial users described in the standards.
(2) CATEGORICAL PRETREATMENT STANDARDS include the categorical standards and those which are hereafter promulgated by USEPA, along with amendments to the existing or hereafter promulgated standards, as set forth in Appendix A of this chapter.
CITY. The City of Jackson.
C.O.D. Chemical oxygen demand or the measure of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, 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 B.O.D.
CODE. Code of the City of Jackson.
COMBINED SEWER. Any sewer designed or intended to receive both storm water and sewage.
COMPATIBLE POLLUTANT.
(1) The pollutants which can be treated and removed to a substantial degree by the Sewage Treatment Facility.
(2) These pollutants include but are not limited to defined maximum concentrations of B.O.D.5, S.S., pH, and additional pollutants identified in the discharge permit if the Sewage Treatment Facility was designed to treat the pollutants, and in fact does remove the pollutant to a substantial degree.
CONNECTION FEE.
(1) The charge imposed by the township to grant permission to connect a building sewer, either directly or indirectly, to the public sewer system.
(2) This fee represents the proportional cost attributable to each premises for making the system available with sufficient capacity to service the premises.
CONSTRUCTION. Any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase the facilities or equipment) at the premises where the equipment will be used, including preparation work at the premises, if the equipment will in any way actually or potentially affect the quality or quantity of discharges or the measurement or analysis of a discharge.
CONTROL MANHOLE. A structure installed on the building sewer or service connection pipeline to allow access for measurement and sampling of sewage discharging from industrial and commercial establishments.
COST OF OPERATION AND MAINTENANCE. All costs, direct and indirect, inclusive of all expenditures attributable to administration, cost of replacement, treatment and collection of sewage, necessary to insure adequate collection and treatment of sewage on a continuing basis in conformance with the discharge permit, and other applicable local, state, and federal regulations.
COST OF REPLACEMENT. Expenditures and costs for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the system to maintain the capacity and performance for which the system was designed and constructed.
COUNTY. The County of Jackson, Michigan, acting by and through its Board of Public Works under Public Act 185 of 1957, as amended, being M.C.L.A. §§ 123.731 - 123.786.
DAILY AVERAGE.
(1) The sum of the concentrations of a constituent for the measurement period divided by the number of days on which the discharge was sampled and analyzed in the period.
(2) The concentrations which are added are single numbers for single days for all days for which analyses are obtained (whether by the user or the township), but the concentrations may be based upon a sample or samples taken over either all or part of that day and upon single or multiple analyses for that day as determined by the township.
(3) Sampling for daily average shall be 24-hour flow proportioned composite samples except that a minimum of 4 grab samples shall be taken in lieu of a 24-hour flow proportioned composite sample for a single day for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds.
(4) If it is not feasible to obtain a flow proportioned composite sample, a time proportioned composite sample for a minimum of 4 grab samples may be used in lieu of the flow proportioned composite sample, if the user demonstrates to the Township Supervisor that representative samples will be obtained.
DAILY MAXIMUM.
(1) The concentration which shall not be exceeded on any single calendar day.
(2) Sampling for daily maximum shall be a 24-hour flow proportioned composite samples except that a minimum of 4 grab samples shall be taken in lieu of a 24-hour flow proportioned composite sample for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compound.
(3) If it is not feasible to obtain a flow proportioned composite sample, a time proportioned composite sample or a minimum of 4 grab samples may be used in lieu of the flow proportioned composite sample if the user demonstrates to the Township Supervisor or his or her designee that a representative sample will be obtained.
DEBT SERVICE CHARGE. The amount charged to certain users of the public sewer system to pay principal, interest, and administrative costs of retiring debt and/or contractual obligations incurred for construction of portions of the public sewer system, for which the cost thereof was not otherwise defrayed by connection fees or special assessments.
DIRECT CONNECTION. The connection of the building sewer directly to the public sewer system.
DISCHARGE. The introduction of pollutants into the system which is either intentional or unintentional.
DISCHARGE PERMIT. Permit issued by the MDEQ for the discharge of treated sewage from the sewage treatment facility.
DOMESTIC SEWAGE. The liquid wastes from all habitable buildings and residences and shall include human excreta and wastes from sinks, lavatories, bathtubs, showers, laundries and all other water-carried wastes of organic nature either singly or in combination thereof.
DWELLING UNIT. For purposes of assigning units, a “dwelling” unit shall contain, at a minimum, sleeping facilities, a toilet, bath or shower and a kitchen.
EXISTING SOURCE. Any source which is not a new source as defined in this section.
GARBAGE. Solid wastes from domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.
GROUNDWATER.
(1) Water which is pumped or otherwise captured from the ground and which is not used in a process.
(2) Mere treatment of groundwater is not use in a process.
HEALTH DEPARTMENT. Jackson County Health Department.
INDIRECT CONNECTION. The connection of a building sewer to a sewage collection system which is installed and paid for by special assessment or private funds, which sewage collection system is, after construction, turned over to the township and/or the county and becomes part of the public sewer system (e.g., if a developer constructs sanitary sewers in a plat and connects the sewer line to the public sewer system, the connection of each lot in the plat would be an INDIRECT CONNECTION).
INDUSTRIAL USERS. Users which discharge industrial wastes.
INDUSTRIAL WASTES. The liquid wastes, solids, or semisolids from industrial, manufacturing, trade, or business processes as distinct from domestic sewage.
INSPECTION FEE. The amount charged to each applicant by the township at the time an application is made to the township for connection to the public sewer system, to cover the routine cost of inspecting and approving the physical connection of a building sewer and service connection to the public sewer system, and the issuance of a connection permit.
INSPECTOR. The persons responsible for inspecting connections of building sewers and service connection to the public sewer system as designated by the township.
INTERFERENCE.
(1) A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the System, its treatment processes or operations, or its sludge processes, use, or disposal; and
(b) Therefore is a cause of a violation of any requirement of the 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).
(2) See § 405 of the Clean Water Act, being 33 U.S.C. §§ 1251 et seq., the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery act (RCRA), being 42 U.S.C. §§ 6901 et seq., and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 33 U.S.C. §§ 2681 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.
MAJOR USER. Any user of the system that:
(1) Has a discharge to the system of 25,000 gallons or more per average work day;
(2) Discharges or has the potential to discharge any toxic pollutant as defined pursuant to § 307 of the Act, or chlorinated dibenzo dioxins or chlorinated dibenzo furans;
(3) Is found by the Township Supervisor or his or her designee to potentially have significant impact, either singly or in combination with other users, on the system;
(4) Is subject to a FCPS; or
(5) Discharges wastewater which makes up 5% or more of the average dry weather hydraulic or organic capacity of the system.
MAY. Is permissive.
MDEQ. Michigan Department of Environmental Quality.
MG/L. Milligrams per liter, or ppm.
µg/l. Micrograms per liter, or ppb.
MISCELLANEOUS USER FEE. The amount charged to users for miscellaneous services and related administrative costs associated with the system.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
NEW SOURCE.
(1) Any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to the source if the standards are thereafter promulgated in accordance with that section, 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 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 general type of activity as the existing source should be considered.
(2) 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 divisions (1)(b) and (1)(c) above, but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this section has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. 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.
(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 section.
NON-DOMESTIC USER. A user other than a domestic user.
NORMAL STRENGTH. Sewage which when analyzed shows a daily average concentration of not more than 200 mg/l of BOD, nor more than 240 mg/l of suspended solids; nor more than 10 mg/1 of phosphorous; nor more than 50 mg/1 of fats, oils, and grease; nor other substances which may solidify or become viscous between 32°F and 150°F; nor more than 40 mg/l of TKN.
NPDES PERMIT. A permit issued pursuant to the national pollution discharge elimination system for the discharge of wastewater into the surface waters of the state.
NUISANCE. Without limitation, any condition where sewage or the effluent from any sewage disposal facility is exposed to the surface of the ground; or is permitted to drain on or to the surface of the ground or into any natural outlet.
ORGANIC CHEMICALS. Compounds composed of carbon and hydrogen or their derivatives which are human-made or byproducts of human-made or natural substances which include, but are not limited to, synthetic fibers, plastics, rubber, medicinals, solvents, surface-active agents, pesticides and other agricultural chemicals and lubricating oil additives or other petroleum derivatives.
PASS THROUGH. A discharge which exits the system into waters of the United States 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 system’s NPDES permit (including an increase in the magnitude or duration, of a violation).
pH.
(1) The negative logarithm of the concentration of hydrogen ions in solution, in grams per liter.
(2) A measure of relative acidity (pH less than 7) or alkalinity (pH greater than 7) of the solution tested.
(3) A neutral solution has a pH of 7.
PPM. Parts per million.
PERSON. Any individual, firm, company, association, society, corporation, or group, public or private.
POLLUTANT.
(1) Any material which is discharged to the system or is proposed for discharge to the system.
(2) The term also includes properties of the materials such as pH and heat.
PRETREATMENT.
(1) The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in sewage or a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants in the system.
(2) The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or by other means except as prohibited by 40 C.F.R. § 403.6(d) and (e), as amended.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of foods that have been shredded or cut to the degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER SYSTEM OR SYSTEMS. The public sanitary sewer collection and transmission system within the township, as extended from time to time, including Jackson County Sanitary Sewage Disposal System Nos. 6 and 8 (Summit Township), and all extensions made thereto, including all publicly-owned service connections, mains, lift stations, odor control facilities, and all appurtenances thereto, located in the Service District and also the Sewage Treatment Facility.
RECEIVING FUND. The fund established pursuant to §§ 51.135 et seq. to receive collections of sewer rates and charges.
SEPTIC TANK. A watertight tank or receptacle used to receive domestic sewage and intended to provide for the separation of substantial portions of the suspended solids in the sewage and the partial decomposition by bacterial action on solids so separated.
SERVICE AGREEMENT. The agreement by and between the township and the City of Jackson for treatment of wastewater by the city.
SERVICE CONNECTION. The portion of the public sewer system which extends either to or onto the parcel of land adjacent to the path of the public sewer system, and includes the sewer main, tee/wye, valve, check valve, connector pipes, the sewer lead, any grinder pump or similar system, with associated electrical controls and connections at the electrical meter (but not including the meter) and appurtenances, but not including the building sewer.
SERVICE DISTRICT. Sewer Districts Nos. 1, 2, and 3, and all other areas of the township which are now or hereafter served by the system.
SEVERE PROPERTY DAMAGE.
(1) Severe property damage means substantial physical damage to property, damage to the treatment facilities of a user which causes them to become all or partially inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.
(2) SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
SEWAGE. Any combination of the water-carried waste material from residences, business buildings, institutions and industrial establishments, including industrial wastes and domestic sewage.
SEWAGE DISPOSAL FACILITIES. Any septic tank, subsurface disposal system, or other devices used in the disposal of sewage and which are not part of the system.
SEWAGE TREATMENT FACILITY. The publicly-owned physical plant and appurtenances designated to receive and treat the raw, untreated sewage of the properties located in the service district and served by the public sewer system, and owned by the City of Jackson.
SEWER LEAD. The portion of the service connection which connects to the sewer main located in the public right-of-way and extends therefrom to the property line.
SEWER RATES AND CHARGES. The connection fee, including any part thereof payable in installments, user fee, debt service charge, user surcharge, miscellaneous user fee, and the civil penalty imposed pursuant to § 51.025.
SHALL. Is mandatory.
SLUG DISCHARGE. A discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
SOURCE. Any building, structure, facility, vehicle, or installation from which there is or may be a discharge to the system.
SPECIAL ASSESSMENT DISTRICT. All special assessment districts determined at any time by the Township Board within the service district for the provision of sanitary sewer service by the public sewer system.
SPECIAL ASSESSMENT ROLL. All special assessment district rolls confirmed at any time for a special assessment district by the Township Board.
STATE DIRECTOR. The executive secretary of the water resources commission of the State of Michigan.
STORM SEWER. A sewer intended to carry only storm waters, surface runoff, street wash waters, and drainage of waters which are not wastewater.
STORM SEWER or STORM DRAIN. A sewer which carries storm or surface waters, or drainage, but excludes sewage.
STRUCTURE IN WHICH SANITARY SEWAGE ORIGINATES. A building in which toilet, kitchen, laundry, bathing, or other facilities which generate sewage are used or are available for use for household, commercial, industrial, or other purposes.
SUBSURFACE DISPOSAL SYSTEM. An arrangement for distribution of septic tank effluent beneath the ground surface (also referred to as a “drainfield system,” “tile field,” or “dry well” or a “soil absorption system”).
S.S. or SUSPENDED SOLIDS. Solids either floating or suspended in sewage, or other liquids and which are removable by laboratory filtering and biologic processes.
SYSTEM TREATMENT PLANT. The system exclusive of the collection system.
TKN. Total Kjeldahl Nitrogen; the measure of the total ammonia nitrogen present in wastewater after any organic nitrogen present has been converted to ammonia nitrogen under standard digestive procedures and expressed in milligrams per liter.
TOWNSHIP. The Township of Summit, located in Jackson County, Michigan, and/or its duly authorized agent or representative.
TOWNSHIP SUPERVISOR. The Supervisor of the Township of Summit, or, where the Supervisor has delegated a responsibility, function, or right under this chapter to another official or employee of the Township of Summit, another governmental body, another governmental agency, governmental departments, or another official employee of another public body, the term shall include that person.
UNIT or UNITS.
(1) A standard basis of measuring the relative quantity of sewage, including the benefits derived from the disposal thereof, arising from the occupancy of a freestanding single-family residential dwelling (but the term shall not necessarily be related to actual use arising from any particular dwelling).
(2) A listing of the relative relationships between the various users of the system is hereby determined by the township and is set forth in Appendix C of this chapter.
(3) The assignment of unit(s) to a particular user shall be determined from time to time by the township, based upon the use to which the user’s property is put.
(4) The assignment of unit(s) for any use not enumerated in Appendix C of this chapter shall, in the sole discretion of the township, be based upon the most similar use enumerated in Appendix C of this chapter.
UPSET.
(1) An exceptional incident in which there is unintentional and temporary non-compliance with categorical pretreatment standards or other limits applicable to the user because of factors beyond the reasonable control of the user.
(2) An UPSET does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
U.S. EPA. The United States Environmental Protection Agency.
USER. A recipient of services provided by the system including premises which are connected to and discharge sewage into the system.
USER CHARGE. A charge levied on users of the system which represents that user’s proportionate share of the cost of operation and maintenance (including cost of replacement).
USER CLASS. The kind of user class connected to sanitary sewers, including, but not limited to, residential, industrial, commercial, institutional, and governmental.
(1) RESIDENTIAL USER. A user of the system whose premises or buildings are used primarily as a domicile for 1 or more persons including dwelling units such as detached, semi-detached and row houses, mobile homes, apartments or permanent multi-family dwellings (transit lodging is not included, it is considered a commercial user).
(2) INDUSTRIAL USER. A user of the system which discharges industrial wastes as distinct from their employees domestic sewage.
(3) COMMERCIAL USER. An establishment listed in the Office of the Management and Budget’s “Standard Industrial Classification Manual” (SICM), involved in a commercial enterprise, business or service which, based on a determination by the township discharges primarily segregated domestic sewage and which is not a residential user or an industrial user.
(4) INSTITUTIONAL USER. Any establishment listed in the SICM involved in a social, charitable, religious, or educational function which, based on the determination by the township, discharges primarily segregated domestic sewage.
(5) GOVERNMENTAL USER. Any federal, state, or local government user of the system.
USER SURCHARGE. A charge imposed on a user of the system for discharges of sewage that are in excess of normal strength sewage.
WASTEWATER. Water discharged to the system by a user which may or may not contain other pollutants.
WASTEWATER TREATMENT AGREEMENT. The wastewater treatment agreement by and between the township and city pursuant to which the City of Jackson has agreed to treat at the sewage treatment facility the sanitary sewage transported by the system.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 12.00, passed 9-14-1999)