[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008; amended 12-4-2019 by Ord. No. 1776]
For the purpose of their use in this chapter, the following terms and phrases are hereinafter defined. Any word or phrase not defined herein shall be considered to be defined in accordance with its common or standard definition.
40 CFR PART 403The general pretreatment regulations outlined at 40 Code of Federal Regulations Part 403.
ACT 368The Michigan Public Health Code (Act 368 of 1978) MCLA §§ 333.1101 to 333.25211.
ACT or THE ACTThe Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. § 1251 et. seq.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER(a) In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
In the case of a partnership or proprietorship, a general partner or proprietor; and
An authorized representative of the individual designated above if:
(1) Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
The authorization is in writing; and
The written authorization is submitted to the control authority.
BEST MANAGEMENT PRACTICES (BMPs)Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section
29-49 of this chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C. (without addition of nitrification inhibitors).
BTEXThe sum of the concentration of benzene, toluene, ethylbenzene and xylene.
BUILDING DRAINThat part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.
BUILDING SEWERThe extension of the building drain which begins five feet outside the inner face of the building wall and continues to the sanitary sewer or other place of disposal.
BYPASSThe intentional diversion of waste streams from any portion of an industrial user's treatment facility as outlined in 40 CFR 403.17.
CESSPOOLAn underground pit into which household sewage or other untreated liquid waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.
CITYThe City of Holland, acting by and through its Holland Board of Public Works unless the context of the term refers to the City of Holland as a separate entity.
COD (DENOTING CHEMICAL OXYGEN DEMAND)The amount of oxygen required to chemically oxidize organic and inorganic constituents of wastewater as measured under standard laboratory procedures.
COD/BOD RATIOThe ratio of COD to BOD in the plant influent calculated using the average COD and BOD data as found on the state plant influent sheet.
COMBINED WASTE STREAMThe waste stream at industrial facilities where effluent from one regulated process is mixed, prior to treatment, with wastewaters other than those generated by that regulated process. Where required by federal or state law, the combined waste stream formula provided in 40 CFR Part 403 will apply to limits applicable to a combined waste stream.
COMPOSITE SAMPLEA series of representative samples taken over a specific time period which are then combined into one sample for testing purposes.
CONTRACTThe 2017 Restated Holland Area Wastewater Treatment Facilities Operation Contract with an effective date of July 1, 2017, or any subsequent amendment made thereto.
CONTROL AUTHORITYThe City of Holland, acting through its Holland Board of Public Works or its authorized representatives.
DENTAL AMALGAMA mixture of mercury and other metals used as a dental restorative material.
DISCHARGEIncludes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
DOMESTIC USERAll users of the POTW where the discharge into the system is primarily domestic waste.
DOMESTIC WASTEA water-carried waste from, but not limited to, toilet, kitchen, laundry, bathing, or other facilities used for household purposes.
EGLEThe Michigan Department of Environment, Great Lakes and Energy or any successor governmental agency having similar regulatory jurisdiction.
ENFORCING OFFICERThe General Manager of the Holland Board of Public Works, or an authorized deputy, agent, or representative, unless stated differently in this section.
GARBAGESolid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
HBPWThe Holland Board of Public Works of the City of Holland, its authorized deputy, agent, or representative.
INDUSTRIAL USER (IU)Any person who introduces pollutants into a POTW from any nondomestic source regulated under the Act, state law, or local ordinance.
INDUSTRIAL WASTEThe liquid or liquid borne waste from industrial or manufacturing processes, trade or business as distinct from domestic waste.
INSTANTANEOUS LIMITThe maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERCEPTOR DEVICEA device, including, but not limited to, grease traps, sand traps, oil separators, etc., designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit normal sewage or wastewater to discharge into the disposal terminal by gravity. In case of acid or caustic wastes, an interceptor is a device in which the wastes are neutralized prior to their discharge into the solid or waste system of the premises, the building drain, the building sewer, private sewer, or public sewer.
INTERFERENCEAny discharge which alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and
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.
MINOR INDUSTRIAL USER (MIU)A nondomestic user designated as such by the control authority, which the control authority has determined does not meet the definition of a significant industrial user. The control authority may issue a Minor Industrial User a Wastewater Discharge Permit and require the user to conduct periodic monitoring and reporting, as deemed appropriate.
MONTHLY AVERAGE CONCENTRATIONThe sum of the concentrations of the subject pollutant in all of the individual samples divided by the number of samples analyzed for that pollutant during a calendar month. If the pollutant concentration in any sample is less than the limit of detection, regard that value as zero when calculating monthly average concentration.
NATURAL OUTLETAny outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEW SOURCEAny 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 (33 U.S.C. § 1317) 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 at which no other source is located; or
The building, structure, facility or installation totally replaces the process or production equipment that caused the discharge of pollutants at an existing source; or
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 facility, 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
As defined in 40 CFR 403.3(m)(2) and (m)(3).
NONDOMESTIC USERAny user, including significant industrial users, of the POTW that discharges wastes other than or in addition to water-carried domestic wastes.
NUISANCEAny condition or circumstance defined as a nuisance pursuant to Michigan Statute, at common law or in equity jurisprudence which includes, but is not limited to, any condition where sewage, industrial waste, or the effluent from any sewage disposal facility or toilet device is exposed to the surface of the ground or is permitted to drain on or to the surface of the ground into any ditch, storm sewer, lake or streams, or when the odor, appearance, or presence of this material has an obnoxious or detrimental effect on or to the senses or health of persons, or when it shall obstruct the comfortable use or sale of adjacent property, except as otherwise permitted.
OPERATION MAINTENANCE AND REPLACEMENTAll work and activities, including, but not limited to, engineering, contract preparation, purchasing, repair, supervision, recruitment, training, expediting, inspection, accounting, testing, protection, operating management, and maintenance necessary to provide adequate wastewater treatment and/or collection and/or disposal of treatment residues on a continuing basis to conform with all applicable federal, state, and local wastewater management requirements and to ensure optimum long-term management of the complete wastewater treatment system.
PASS-THROUGHA discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSONAny individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns.
pHThe logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
PLANTThe Holland Area Water Reclamation Facility, as improved and enlarged pursuant to the contract dated as of February 1, 1978, between Ottawa County, Park Township, Holland Township, and Holland City; a contract dated as of June 13, 1978, between Allegan County, Fillmore Township, Laketown Township, and Holland City; a contract dated as of June 1, 1994, between Ottawa County, Holland City, Holland Township, Park Township, Laketown Township, Fillmore Township, and Zeeland Township; the First Amendment to the Restated Holland Area Waste Water Treatment Facilities Operations Contract dated as of December 23, 2014, between Ottawa County, Holland City, Holland Township, Park Township, Laketown Township, Fillmore Township, and Zeeland Township, and the 2017 Restated Holland Area Wastewater Facilities Operations Contract, or as subsequently expanded or enlarged.
POINT SOURCEAny discernible confined and discrete conveyance or vessel from which pollutants are or may be discharged into a public waterway or public sewer system.
POLLUTANTAny dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant.
PRETREATMENT or TREATMENTThe reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT STANDARD or STANDARDAny 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 categorical pretreatment standards.
PUBLIC SEWERA sewer which is owned and/or controlled by any governmental entity which is a participant in the plant.
PUBLICLY OWNED TREATMENT WORKS (POTW)The treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), including any devices and systems used in the monitoring, testing, storage, treatment, recycling, and reclamation of municipal sewage and industrial waste which are connected to or part of the Holland Area Water Reclamation Facility. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in Section 502(4) of the Act [33 U.S.C. § 1362(4)] which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
RECURRING OFFENSETwo or more consecutive monitoring periods evidencing violations or a pattern of noncompliance.
REPLACEMENT COSTSThose expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works are designed and constructed.
RESIDENTIAL USERAll noncommercial premises used only for human residency and which are connected to the POTW.
SANITARY SEWERA sewer which carries sewage and to which stormwater, surface water, and groundwater are not intentionally admitted.
SEEPAGE PIT (or DRY WELL)A cistern or underground enclosure constructed of concrete blocks, bricks, or similar material loosely laid with open joints so as to allow the septic tank overflow or effluent to be absorbed directly into the surrounding soil.
SEPTIC TANKA watertight receptacle receiving sewage and having an inlet and outlet so designed to permit the separation of suspended solids from wastes and to permit such retained solids to undergo decomposition therein.
SEVERE PROPERTY DAMAGESubstantial physical damage or property damage to the POTW 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.
SEWAGEThe water-carried wastes from residences, business buildings, industrial establishments and/or other premises, together with such infiltration as may be present.
SEWAGE DISPOSAL SYSTEMA privy, cesspool, seepage pit, septic tank, sub-surface disposal system, or other devices, used in the disposal of sewage or human excreta, except treatment facilities covered by an NPDES permit.
SEWERA pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER (SIU)(a) Except as provided in Subsection
(b) of the definition, 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; and
Any other industrial user that: 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); contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or is designated as such by the control authority as defined in 40 CFR 403.12(a) 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)].
Upon a finding that an industrial user meeting the criteria in paragraph (a)(2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority [as defined in 40 CFR 403.12(a)]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), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC)Significant noncompliance has occurred in the event of any one or more of following have occurred:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including an instantaneous limit as defined in Section
29-3;
Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including an instantaneous limit, as defined in Section
29-3 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent limit (daily maximum, longer-term average, instantaneous limit, or narrative standard) 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);
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 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
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;
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 reports on compliance with compliance schedules;
Failure to accurately report noncompliance;
Significant noncompliance for pH means:
(1) Any discharge whose pH is less than or equal to two or greater than or equal to 12.5 standard units.
Those discharges in which 25% or more of all of the measurements taken during a six-month period are outside of the applicable limits for pH.
Any other violation or group of violations, which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG DISCHARGEAny discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
STATEThe State of Michigan.
STORM DRAIN or STORM SEWERAny portion of the stormwater drainage system, including any natural outlet, which carries stormwater and surface water and drainage or unpolluted industrial process water, such as permitted by Section
29-7(b).
A facility for the distribution of septic tank overflow or effluent below the ground surface through a line or a series of branch lines of drain tile laid with open joints to allow the overflow or effluent to be absorbed by the surrounding soil throughout the entire field.
SUPERINTENDENTThe superintendent of the Holland Area Water Reclamation Facility or the superintendent's authorized representative.
TOXIC POLLUTANTAny pollutant or combination of pollutants identified as toxic pursuant to Section 307(a) of the Federal Water Pollution Control Act [33 U.S.C. § 1317(a)] or other federal statutes or in regulations promulgated by the state under state law.
UNPOLLUTED PROCESS WATERSAny noncontact cooling or noncontact processing water that is not chemically changed by its use for cooling or processing, or water free of substances that are or may be harmful to humans or wildlife or that may create or constitute a nuisance.
UPSETAn exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the 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 and as further defined in 40 CFR 403.16.
USERAny person who contributes, causes or permits the contribution of sewage into a public sewer.
USER CHARGEA charge levied on the users of a treatment works for the costs of operation, maintenance and replacement of the treatment works pursuant to 33 U.S.C. § 1284(b)(1), as amended.
WASTEWATERThe liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, institutions and other facilities, whether treated or untreated.
WATERCOURSEA channel, natural or artificial, in which a flow of water occurs either continuously or intermittently.
WATERS OF THE STATEIncludes:
(a) Both surface and underground waters within the boundaries of this state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey, or dispose of sewage; and
The floodplain free-flowing waters determined by the EGLE on the basis of one-hundred-year flood frequency; and
Any other waters specified by state law.