For purposes of this article and unless the context
specifically indicates otherwise, the following terms and phrases
shall have the meanings ascribed to them by this section:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, being 33 U.S.C. § 1251 et seq.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
Responsible corporate officer, where the industrial
user submitting the reports required by this article is a corporation,
who is either 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 decisionmaking functions
for the corporation, or 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 when authority to execute documents
has been assigned or delegated to said manager in accordance with
corporate procedures; or
(2)
A general partner or proprietor where the industrial
user submitting the reports required by this article is a partnership
or sole proprietorship, respectively. [See 56-3-59-1(n).]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quality of dissolved oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure five
days at 20° C. expressed in terms of mass and concentration [milligrams
per liter (mg/l)] as measured by standard methods.
BOARD
The Board of Water Commissioners of the City of Detroit.
BYPASS
The intentional diversion of a wastestream from any portion
of an industrial user's treatment facility. (See 40 CFR 403.17.)
CENTRALIZED WASTE TREATMENT (CWT) FACILITY
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:
(1)
A facility that treats industrial waste received
exclusively from off site, and
(2)
A facility that treats industrial waste generated
on site as well as industrial waste received from off site.
CITY
The Village of New Haven.
COMPATIBLE INDUSTRIAL WASTEWATER
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.
COMPATIBLE POLLUTANT
Pollutants which can be effectively removed by the POTW treatment
system to within the acceptable levels for the POTW residuals and
the receiving stream.
COMPOSITE SAMPLE
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 CFR 403, Appendix E.)
CONFIDENTIAL INFORMATION
The information which would divulge information, processes
or methods of production entitled to protection as trade secrets of
the industrial user.
CONTROL AUTHORITY
The Detroit Water and Sewerage Department which has been
officially designated as such by the State of Michigan under the provisions
of 40 CFR 403.12.
COOLING WATER
The noncontact water discharged from any use such as air
conditioning, cooling or refrigeration, and whose only function is
the exchange of heat.
DAYS
Consecutive calendar days for the purpose of computing a
period of time prescribed or allowed by this article.
DEPARTMENT
The City of Detroit Water and Sewerage Department and authorized
employees of the Department.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of Michigan.
DIRECTOR
The Director of the Detroit Department of Water and Sewerage
or the Director's designee.
DISCHARGER
A person who, directly or indirectly, contributes, causes
or permits wastewater to be discharged into the POTW.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations
which is discharged to or otherwise enters a treatment works.
FACILITY
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.
FATS, OILS OR GREASE (FOG)
Any hydrocarbons, fatty acids, soaps, fats, waxes, oils and
any other nonvolatile material of animal, vegetable or mineral origin
that is extractable by solvent in accordance with standard methods.
GRAB SAMPLE
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.
INDIRECT DISCHARGE or DISCHARGE
The discharge or the introduction of pollutants into the
POTW from any nondomestic source regulated under 33 U.S.C. § 1317(b),
(c) or (d).
INDUSTRIAL USER
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 multifamily
residential dwellings with discharges consistent with domestic waste
characteristics.
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.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources:
(1)
Both inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal;
and
(2)
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 pursuant to subtitle D of the SWDA]; the Clean Air Act; the Toxic
Substances Control Act, and the Marine Protection, Research and Sanctuaries
Act.
MAY
Use of the word "may" is permissive.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
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.
NEW SOURCE
(1)
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;
(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.
(2)
Construction on a site where 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 sections (1)(b) or (c) of this
definition but otherwise alters, replaces or adds to existing process
or production equipment.
(3)
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.
(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.
PASS-THROUGH
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.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, unit
of government, school district or any other legal entity or its legal
representative, agent or assigns.
pH
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.
POLLUTANT
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.
POLLUTION
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.
PRETREATMENT
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.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirements related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user. [See 40 CFR 403.3(r).]
PRETREATMENT STANDARDS
All National Categorical Pretreatment Standards, the general
prohibitions specified in 40 CFR 403.5(a), the specific prohibitions
delineated in 40 CFR 403.5(b), and the local or specific limits developed
pursuant to 40 CFR 403.5(c), including the discharge prohibitions
specified in this article.
PUBLIC SEWER
A sewer of any type controlled by a governmental entity.
PUBLICLY OWNED TREATMENT WORKS (POTW)
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:
(1)
Any devices and systems used in the storage,
treatment, recycling or reclamation of municipal sewage or industrial
waste of a liquid nature;
(2)
Sewers, pipes and other conveyances only if
they convey wastewater to a POTW treatment plant; or
(3)
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.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to
wastewater, including recycling and reclamation of wastewater.
REPRESENTATIVE SAMPLE
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 CFR Part 136.
SANITARY WASTEWATER
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 noncommercial consumption.
SHALL
Use of the term "shall" indicates something is mandatory.
SIGNIFICANT NONCOMPLIANCE
Any violation which meets one or more of the following criteria:
(1)
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;
(2)
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);
(3)
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;
(4)
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;
(5)
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;
(6)
Failure to provide required reports such as
baseline monitoring reports, ninety-day compliance reports, periodic
self-monitoring reports, and reports on compliance with compliance
schedules within 30 days after the due date;
(7)
Failure to accurately report noncompliance;
or
(8)
Any other violation or group of violations which
the Department determines will adversely affect the operation or implementation
of the local pretreatment program.
SIGNIFICANT INDUSTRIAL USERS
Any user of the POTW who:
(1)
Has an average discharge flow of 25,000 gallons
per day or more of process wastewater, excluding sanitary, boiler
blowdown, and noncontact cooling water;
(2)
Has discharges subject to the National Categorical
Pretreatment Standards;
(3)
Requires pretreatment to comply with the specific
pollutant limitations of this article;
(4)
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 article as determined by
the Department;
(5)
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
(6)
Is found by the City of Detroit or Village of
New Haven 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.
SLUG
Any discharge of a nonroutine episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
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, 1987, as amended.
STANDARD METHODS
Methods set forth in 40 CFR 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
Waterworks Association, and the Water Pollution Control Federation.
Where these two references are in disagreement regarding procedures
for the analysis of a specific pollutant, the methods given in 40
CFR Part 136 shall be followed.
STATE
The State of Michigan.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS (TOTAL)
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.
TOXIC POLLUTANT
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.
TRADE SECRET
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.
UPSET
An exceptional incident in which there is unintentional and
temporary noncompliance with limits imposed under this article 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.
USER
Any person who, directly or indirectly, contributes, causes
or permits the discharge of wastewater into the POTW, as defined herein.
WASTEWATER or WASTESTREAM
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, stormwater
and cooling water.
WATERS OF THE STATE
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.