1042.03  DEFINITIONS.
   (a)   For purposes of this chapter and unless the context specifically indicates otherwise, the following terms and phrases, shall have the meanings ascribed to them by this section:
      (1)   “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, being 33 U.S.C. §§ 1251 et seq.
      (2)   “Authorized representative of industrial user” means:
         A.   Responsible corporate officer, where the industrial user submitting the reports required by this chapter is a corporation, who is either (a) the president, vice-president, secretary, or treasurer of a corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (b) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00) in second-quarter 1980 dollars, when authority to execute documents has been assigned or delegated to said manager in accordance with corporate procedures; or
         B.   A general partner or proprietor where the industrial user submitting the reports required by this chapter is a partnership or sole proprietorship respectively. (See Section 1042.06(n)).
      (3)   “Available cyanide” means the quantity of cyanide that consists of cyanide ion (CN) hydrogen cyanide in water (HCNaq), and the cyano-complexes of zinc, copper, cadmium, mercury nickel and silver, determined by EPA method OIA-1677, or other method designated as a standard method or approved under 40 C.F.R. 136.
      (4)   “Best management practices (BMP)” means programs, practices, procedures or other directed efforts initiated and implemented by the user which can or do lead to the reduction, conservation or minimization of pollutants being introduced into the ecosystem, including but are not limited to the Detroit sewer system. BMPs include, but are not limited to, equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control and may include technical and economic considerations.
      (5)   “Biochemical oxygen demand (BOD)” means the quality of dissolved oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure five days at 20 degrees centigrade expressed in terms of mass and concentration (milligrams per liter (mg/l)) as measured by standard methods.
      (6)   “Board” means the Board of Water Commissioners of the City of Detroit.
      (7)   “Bypass” means the intentional diversion of a wastestream from any portion of an industrial user’s treatment facility. (See 40 C.F.R. § 403.17.)
      (8)   “Centralized waste treatment (CWT) facility” means any facility that treats any hazardous or nonhazardous industrial waste received from off-site by tanker truck, trailer roll-off bins, drums, barges, or any other forms of shipment including:
         A.   A facility that treats industrial waste received exclusively from off-site, and
         B.   A facility that treats industrial waste generated on-site as well as industrial waste received from off-site.
      (9)   “City” means the City of Wayne.
      (10)   “Compatible industrial wastewater” means wastewater that is produced by an industrial user which has a pollutant strength or characteristics similar to those found in domestic wastewater, and which can be efficiently and effectively transported and treated with domestic wastewater.
      (11)   “Compatible pollutant” means pollutants which can be effectively removed by the POTW treatment system to within the acceptable levels for the POTW residuals and the receiving stream.
      (12)   “Composite sample” means a collection of individual samples which are obtained at regular intervals and collected on a time-proportional or flow-proportional basis over a specified period and which provides a representative sample of the average stream during the sampling period. A minimum of four aliquot per 24 hours shall be used where the sample is manually collected. (See 40 C.F.R. § 403, Appendix E.)
      (13)   “Confidential information” means the information which would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. (See Section 1042.11.)
      (14)   “Control authority” means the Detroit Water and Sewerage Department which has been officially designated as such by the State of Michigan under the provisions of 40 C.F.R. § 403.12. (See 40 C.F.R. § 403.12(a).)
      (15)   “Cooling water” means the non-contact water discharged from any use such as air conditioning, cooling or refrigeration, and whose only function is the exchange of heat.
      (16)   “Days” mean consecutive calendar days for the purpose of computing a period of time prescribed or allowed by this chapter.
      (17)   “Department” means the City of Detroit Water and Sewerage Department, and authorized employees of the Department.
      (18)   “Direct discharge” means the discharge of treated or untreated wastewater directly to the waters of the State of Michigan.
      (19)   “Director” means the Director of the Detroit Water and Sewerage Department, or the Director’s designee.
      (20)   “Discharger” means a person who, directly or indirectly, contributes, causes, or permits wastewater to be discharged into the POTW.
      (21)   “Domestic sewage” means waste and wastewater from humans or household operations which is discharged to, or otherwise enters, a treatment works.
      (22)   “Environmental Protection Agency” or “Administrator” or “EPA Administrator” means the United States Environmental Protection Agency or, where appropriate, the authorized representatives or employees of the EPA.
      (23)   “Facility” means a location, which contributes, causes or permits wastewater to be discharged into the POTW including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable.
      (24)   “Fats, oils or grease (FOG)” means any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other nonvolatile material of animal, vegetable or mineral origin that’s extractable by solvent in accordance with standard methods.
      (25)   “Flow proportional sample” means a composite sample taken with regard to the flow rate of the wastestream.
      (26)   “Grab sample” means an individual sample collected over a period of time not exceeding 15 minutes, which reasonably reflects the characteristics of the stream at the time of sampling.
      (27)   “Indirect discharge” or “discharge” means the discharge or the introduction of pollutants into the POTW from any non-domestic source regulated under 33 U.S.C. § 1317(b), (c) or (d).
      (28)   “Industrial user” means a person who contributes, causes or permits wastewater to be discharged into the POTW, including, but not limited to, a place of business, endeavor, arts, trade or commerce, whether public or private, commercial or charitable but excludes single family and multi-family residential dwellings with discharges consistent with domestic waste characteristics.
      (29)   “Industrial waste” means any liquid, solid or gaseous waste or form of energy, or combination thereof, resulting from any processes of industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.
      (30)   “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
         A.   Inhibits or disrupts the POTW, 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 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):  Section 405 of the Clean Water Act, as amended, being 33 U.S.C. § 1345, the Solid Waste Disposal Act (SWDA), as amended, (including the Resource Conservation and Recovery Act (RCRA), and State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
      (31)   “May” means permissive.
      (32)   “National categorical pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 33 U.S.C. § 1317 (b) and (c) which applies to a specific class or category of industrial users.
      (33)   “National pollutant discharge elimination system (NPDES) permit” means a permit issued pursuant to 33 U.S.C. § 1342.
      (34)   “New source” means:
         A.   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 33 U.S.C. § 1317(c) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided, that: (a) the building, structure, facility or installation is constructed at a site where no other source is located; or (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 general type of activity as the existing source should be considered; or
         B.   Construction on a site where an existing source is located resulting 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 paragraphs A.(b) or A.(c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or
         C.   Construction of a new source has commenced where 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 that are 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 section.
      (35)   “Pass through” means discharge which exits the POTW 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 POTW’s NPDES permit including an increase in the magnitude or duration of a violation.
      (36)   “Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, unit of government, school district, or any other legal entity, or their legal representative, agent or assigns.
      (37)   “pH” means the intensity of the acid or base condition of a solution, calculated by taking the negative base-ten logarithm of the hydrogen ion activity. Activity is deemed to be equal to concentration in moles per liter.
      (38)   “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, or industrial, municipal and agricultural waste which is discharged into water.
      (39)   “Pollution” means the introduction of any pollutant that, alone or in combination with any other substance, can or does result in the degradation or impairment of the chemical, physical, biological or radiological integrity of water.
      (40)   “Pretreatment” means the reduction of the amount of pollutants, the removal of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction, removal or alteration may be attained by physical, chemical or biological processes, or process changes by other means, except as prohibited by Federal, State or local law, rules and regulations.
      (41)   “Pretreatment requirements” means any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard imposed on an industrial user. (See 40 C.F.R. § 403.3(r).)
      (42)   “Pretreatment standards” means all national categorical pretreatment standards, the general prohibitions specified in 40 C.F.R. § 403.5(a), the specific prohibitions delineated in 40 C.F.R. § 403.5(b), and the local or specific limits developed pursuant to 40 C.F.R. § 403.5(c), including the discharge prohibitions specified in Section 1042.06.
      (43)   “Public sewer” means a sewer of any type controlled by a governmental entity.
      (44)   “Publicly owned treatment works (POTW)” means a treatment works as defined by 33 U.S.C. § 1292(2)(A) which is owned by a state or municipality, as defined in 33 U.S.C. § 1362, including:
         A.   Any devices and systems used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial waste of a liquid nature;
         B.   Sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant; or
         C.   The Municipality, as defined in 33 U.S.C. § 1362, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
      (45)   “POTW treatment plant” means that portion of the POTW designed to provide treatment to wastewater, including recycling and reclamation of wastewater.
      (46)   “Quantification level” means the measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calculated at a specified concentration above the detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant.
      (47)   “Representative sample” means any sample of wastewater, which accurately and precisely represents the actual quality, character, and condition of one or more pollutants in the wastestream being sampled. Representative samples shall be collected and analyzed in accordance with 40 C.F.R. Part 136.
      (48)   “Sanitary wastewater” means the portion of wastewater that is not attributable to industrial activities and is similar to discharges from domestic sources including, but not limited to, discharges from sanitary facilities and discharges incident to the preparation of food for on-site non-commercial consumption.
      (49)   “Shall” means mandatory.
      (50)   “Significant noncompliance” means any violation which meets one or more of the following criteria:
         A.   Chronic violations of wastewater discharge limits, defined as those in which 66% 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 parameter;
         B.   Technical review criteria (TRC) violations, defined as those in which 33% 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 = 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 Department 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 or welfare, or to the environment, or has resulted in the POTW’s exercise of its emergency authority;
         E.   Failure to meet a compliance schedule milestone contained in a local control mechanism, or enforcement order for starting construction, completing construction, or attaining final compliance within 90 days after the scheduled date;
         F.   Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within 30 days after the due date;
         G.   Failure to accurately report noncompliance; or
         H.   Any other violation or group of violations which the Department determines will adversely affect the operation or implementation of the local pretreatment program.
      (51)   “Significant industrial users” means any user of the POTW who:
         A.   Has an average discharge flow of 25,000 gallons per day or more of process wastewater excluding sanitary, boiler blowdown, and noncontact cooling water; or
         B.   Has discharges subject to the national categorical pretreatment standards; or
         C.   Requires pretreatment to comply with the specific pollutant limitations of this chapter; or
         D.   Has in its discharge toxic pollutants as defined pursuant to 33 U.S.C. § 1317, or other applicable Federal and State laws or regulations, that are in concentrations and volumes which are subject to regulation under this chapter as determined by the Department; or
         E.   Is required to obtain a permit for the treatment, storage or disposal of hazardous waste pursuant to regulations adopted by this State or adopted under the Federal Solid Waste Disposal Act, as amended by the Federal Resource Conservation and Recovery Act, as amended, and may or does contribute or allow waste or wastewater into the POTW including, but not limited to, leachate or runoff; or
         F.   Is found by the City of Detroit or City of Wayne to have a reasonable potential for adverse effect, either singly or in combination with other contributing industries, on the POTW operation, the quality of sludge, the POTW’s effluent quality, or air emissions generated by the POTW.
      (52)   “Slug” means any discharge of a non-routine episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge.
      (53)   “Standard industrial classification (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, as amended.
      (54)   “Standard methods mean methods set forth in 40 C.F.R. Part 136, “Guidelines for Establishing Test Procedures for Analysis of Pollutants” or the laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, or methods set forth in 40 C.F.R. 136, “Guidelines for Establishing Test Procedures for Analysis of Pollutants.” Where these two references are in disagreement regarding procedures for the analysis of a specific pollutant, the methods given in 40 C.F.R. Part 136 shall be followed.
      (55)   “State” means the State of Michigan.
      (56)   “Storm water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.
      (57)   “Suspended solids (total)” mean the total suspended matter which floats on the surface of, or is suspended in, water, wastewater or other liquids, and is removable by laboratory filtration or as measured by standard methods.
      (58)   “Total PCB” means the sum of the individual analytical results for each of the PCB aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260 during any single sampling event with any aroclor result less than the quantification level being treated as zero.
      (59)   “Total phenolic compounds” means the sum of the individual analytical results for each of the phenolic compounds of 2-chlorophenol, 4-chlorophenol, 4-chloro-3-methylphenol, 2, 4-dichlorophenol, 2, 4-dinitrophenol, 4-methylphenol, 4-nitrophenol, and phenol during any single sampling event expressed in mg/l.
      (60)   “Toxic pollutant” means any pollutant or combination of pollutants designated as toxic in regulations promulgated by the Administrator of the U.S. Environmental Protection Agency under the provisions of the Clean Water Act, being 33 U.S.C. § 1317, or included in the Critical Materials Register promulgated by the Michigan Department of Environmental Quality, or by other Federal or State laws, rules or regulations.
      (61)   “Trade secret” means the whole, or any portion or phase, of any proprietary manufacturing process or method, not patented, which is secret, is useful in compounding an article of trade having a commercial value, and whose secrecy the owner has taken reasonable measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes but excludes any information regarding the quantum or character of waste products or their constituents discharged or sought to be discharged into the Detroit wastewater treatment plant, or into the wastewater system tributary thereto.
      (62)   “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with limits imposed under this chapter or with national categorical pretreatment standards due to factors beyond the reasonable control of the industrial user but excludes noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
      (63)   “User” means any person who, directly or indirectly, contributes, causes or permits the discharge of wastewater into the POTW as defined herein.
      (64)   “Wastewater” or “wastestream” means the liquid and water-carried industrial or domestic wastes of dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which are contributed to or permitted to enter the POTW including infiltration and inflow waters, storm water, and cooling water.
      (65)   “Wastewater discharge permits” mean permits issued by the Department in accordance with the City Code, Section 1042.08.
      (66)   “Waters of the State” mean groundwater, lakes, rivers, streams, all other watercourses and waters within the confines of this State as well as bordering this State in the form of the Great Lakes.
(Ord. 2013-05.  Passed 6-18-13.)