Unless
the context specifically indicates otherwise, the meaning of terms
used in this chapter shall be as follows:
ALTERNATIVE DISCHARGE LIMIT
Limits set by the City in lieu of the promulgated National
Categorical Pretreatment Standards, for integrated facilities in accordance
with the combined waste stream formula as set by the EPA.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
If a user is a corporation:
(a)
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decisionmaking 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 $25,000,000 in second-quarter 1980
dollars, if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
(2)
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
(3)
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility or their designee.
(4)
The individuals described in Subsections
(1) through
(3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the City.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical 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 discharge from 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 form any portion
of a user's treatment facility.
[Amended 9-16-1992]
CHEMICAL OXYGEN DEMAND (COD)
A measure of the oxygen-consuming capacity of inorganic or
organic matter present in water or wastewater. It is 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 biochemical oxygen
demand. Also known as OC or DOC, oxygen consumed and dichromate oxygen
consumed, respectively.
CHLORINE DEMAND
The difference between the amount of chlorine added to water
or wastewater and the amount of residual chlorine remaining at the
end of a specified contact period. The demand for any given water
varies with the amount of chlorine applied, time of contact, and temperature.
CITY
City of Lapeer, Michigan.
COMBINED SEWER
The extension from the building drain to the public sewer
or other place of disposal.
COMBINED WASTE STREAM
The waste stream at industrial facilities where regulated
process effluent is mixed with other wastewaters (either regulated
or unregulated) prior to treatment.
COMPATIBLE POLLUTANT
Pollutants 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. PCBs and any pollutants
that will likely contribute or cause operational or sludge disposal
problems or unacceptable discharges to the receiving waters. This
includes conventional pollutants but is not to be interpreted as being
equivalent to conventional pollutants since these have already been
defined by EPA and are very specific.
COMPOSITE SAMPLE
A collection of individual grab samples obtained at regular
intervals, either on a time-proportional or flow-proportional basis,
over a specified period which provides a representative sample of
the average stream during the sampling period. For categorical process
samples, this is required to be a minimum of four samples per 24 hours.
CONSTRUCTION SPECIFICATIONS
The City of Lapeer Construction Specifications as amended
from time to time and made available on the City's website under the
Department of Public Works.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
COOLING WATER
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
DEBT SERVICE CHARGE
Charges levied to customers of the wastewater system and
which are used to pay principal, interest and administrative costs
of retiring the debt incurred for construction of the wastewater system.
The debt service charge shall be in addition to the user charge specified
below.
DILUTION
Any thinning or weakening of a wastewater discharge by mixing
it with water or other liquor including any process of mixing or diluting
as a partial or complete substitute for adequate treatment necessary
to achieve compliance with applicable standards and limitations. Dilution
is prohibited unless specifically approved by the POTW in writing.
DOMESTIC WASTE
Water carried waste of human origin generated by personal
activities (from sources such as kitchens, bathrooms, lavatories and
toilets). This does not include compatible industrial wastes. This
definition does not exempt homeowners from liability as they may discharge
industrial wastes or damage or upset the POTW.
FEDERAL GRANT
A grant in aid in construction of wastewater treatment works
provided under P.L. 92-500, or the Federal Clean Water Act.
FOOTING DRAIN
A pipe or conduit which is placed around the perimeter of
a building foundation and which intentionally admits groundwater.
GARBAGE
Solid 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 flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch in any dimension.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDUSTRIAL WASTE
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.
INFILTRATION
The portion of groundwater which is unintentionally admitted
to a sewer.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; or is a cause of a violation of the City's NPDES permit
or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent state or local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II, commonly referred to as the "Resource Conservation and Recovery
Act" (RCRA); any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research and Sanctuaries Act.
LABORATORY DETERMINATION
The measurements tests analysis of the characteristics of
water and wastes shall be performed in accordance with the methods
contained in the latest edition at the time of any such measurement
test or analysis of "Standard Methods of Examination of Water and
Sewage," a joint publication of the American Public Health Association
and the Water Pollution Control Federation, the methods contained
in 40 CFR 136 or in accordance with any other method prescribed by
the rules and regulations promulgated pursuant to this section.
MAJOR CONTRIBUTING INDUSTRY or SIGNIFICANT INDUSTRIAL USER
Any industrial user of the publicly owned treatment work
that:
[Amended 9-16-1992]
(1)
Is subject to National Categorical Pretreatment Standards;
(2)
Has a flow of 25,000 gallons or more of process wastewater per
average workday;
(3)
Has a process wastewater flow equal to or greater than 5% of
the average dry weather hydraulic or organic capacity of the POTW;
(4)
Has in its waste, a toxic pollutant in toxic amounts as defined
in the standards issued under Section 307(a) of the Federal Water
Pollution Control Act of 1972; or
(5)
Is found by the permit issuance authority in connection with
the issuance of an NPDES permit to the publicly owned treatment works
receiving the waste, to have significant impact, either singly or
in combination with other contributing industries on that treatment
works or upon the quality of effluent from that treatment works. All
major contributing industries shall be monitored.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
NEW SOURCE
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:
(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; or
(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, facts 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.
NORMAL DOMESTIC SEWAGE
Sewage with a concentration of 300 mg/l biochemical oxygen
demand or 350 mg/l of suspended solids.
NPDES
The national system for the issuance of permits under Section
402 of the Act and includes any state or interstate program, which
has been approved by the Administrator, in whole or in part, pursuant
to Section 402 of the Act.
NPDES PERMIT
A permit issued pursuant to the National Pollutant Discharge
Elimination System prescribed in U.S. Public Law 92-500.
OPERATION AND MAINTENANCE
All work, materials, equipment, utilities and other effort
required to operate and maintain the wastewater transportation and
treatment system consistent with insuring adequate treatment of wastewater
to produce an effluent in compliance with the NPDES permit and other
applicable state and federal regulations, and includes the cost of
replacement.
OWNER
Or owners of record of the freehold of the premises or lease
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lease, or other person, firm or corporation
in control of a building.
PASS-THROUGH
A 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) or detrimentally
impacts the receiving stream.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
pH
The reciprocal of the logarithm of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams per liter
of solution: neutral water, of example, has a pH value of seven and
a hydrogen ion concentration of 10.
POLLUTANT
Any of various chemicals, substances, and refuse materials
such as solid waste, sewage, garbage, sewage sludge, chemical wastes,
biological materials, radioactive materials, heat, and industrial,
municipal and agricultural wastes which impair the purity of the water
and soil.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, or radiological integrity of water.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature 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 sewage works. The reduction or
alteration can be obtained by physical, chemical or biological processes,
or process changes other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on an industrial
user.
PRETREATMENT STANDARDS
Includes all national categorical pretreatment standards,
the general and specific prohibitions specified in 40 CFR 403.5, all
state standards as well as the prohibitions or limits specified in
this chapter.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
PUBLIC SYSTEMS AVAILABLE
A public water supply system or a public sewer system shall
be deemed available to premises used for human occupancy if such premises
are within the corporate limits of the City of Lapeer.
[Amended 10-13-2004; 7-24-2008]
PUBLIC WATER
Water systems in which all owners of abutting properties
have equal rights, and is controlled by public authority.
[Amended 10-13-2004]
REPLACEMENT
The replacement in whole or in part of any equipment in the
wastewater transportation or treatment systems to insure continuous
treatment of wastewater in accordance with NPDES permit and other
state and federal regulations.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface
and groundwater are not intentionally admitted.
SEVERE PROPERTY DAMAGE
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.
[Amended 9-16-1992]
SEWAGE or WASTEWATER
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating, and disposing
of sewage.
[Amended 4-24-1985]
SEWER
A pipe or conduit for carrying sewage.
SHALL; MAY
"Shall" is mandatory; "may" is permissive.
SIGNIFICANT VIOLATION or SIGNIFICANT NONCOMPLIANCE
An industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
(1)
Chronic violations of wastewater discharge limit, defined here
as when 66% or more of all the measurements taken during a six-month
period exceed (by any magnitude) the daily maximum limit or the average
limit for the same pollutant parameter;
(2)
Technical review criteria (TRC) violations defined here as those
in which 33% or more of all 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, FOG and 1.2 for all other pollutants except
pH);
(3)
Any other violation of a pretreatment effluent limit (daily
maximum or longer term average) that the Control Authority determines
has caused, alone or in combination with other discharges, interference
or pass through (including endangering the health of POTW personnel
or the general public);
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, public welfare, or the environment, or has resulted
in the POTW exercising its emergency authority to halt or prevent
such a discharge;
(5)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure to provide within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and/or reports on compliance
with compliance schedules;
(7)
Failure to accurately report noncompliance;
(8)
Any other violation or group of violations, which the Control
Authority determines will adversely affecting operation or implementation
of the City's pretreatment program.
SLUG
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of low, exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration of flows during normal
operation.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the "Standard Industrial Classification
Manual" issued by the Executive Office of the President, Office of
Management and Budget, 1972.
STORM SEWER or STORM DRAIN
A sewer which carries storm and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
The Director of Public Works or designee.
[Amended 4-24-1985; 10-13-2004; at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
SURCHARGE
An extra charge to cover the cost of tracing, sampling and
testing sewage with strengths in excess of those found in normal domestic
sewage.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension
in water, sewage or other liquids; and which are removable by laboratory
filtering.
THE ACT
The Federal Water Pollution Control Act and the Clean Water
Act and are used interchangeably in this chapter and refer to Public
Law 95-217 in 1977, and any succeeding amendments.
TOXIC POLLUTANT
Any pollutant or combination of pollutants which is or can
potentially be harmful to public health or environment.
UPSET
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards 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 preventative maintenance or careless or improper
operation.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the sewage works.
USER CHARGE
A charge levied on users of a treatment works for the cost
of operation and maintenance of sewage works pursuant to Section 204(b)
of P.L. 92-500 and includes the cost of replacement.
USER CLASS
The kind of user connected to sanitary sewers, including
but not limited to residential, industrial, commercial, institutional
and government.
(1)
RESIDENTIAL USERAny user whose sanitary sewage emanates from a property primarily used as a domicile, including multiple dwellings and whose discharges are consistent with domestic waste characteristics. This definition should be avoided, as it could exempt someone from the requirements if he/she discharges industrial waste into the sewer at their home.
(2)
INDUSTRIAL USERAny user that discharges an industrial waste as defined in this chapter.
(3)
COMMERCIAL USERAn establishment listed in the Office of Management and Budget's "Standard Industrial Classification Manual" (1972 Edition) involved in a commercial enterprise, business or service which, based on a determination by the City, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
(4)
INSTITUTIONAL USERAny establishment listed in the Office of Management and Budget's "Standard Industrial Classification Manual" (1972 Edition) involved in a commercial enterprise, business or service which, based on a determination by the City, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies of accumulations of water surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.