This Part 4 shall apply to all nondomestic users that discharge
into Ypsilanti Community Utilities Authority's (YCUA) publicly
owned treatment works (the POTW) or other publicly owned treatment
works of the City of Ann Arbor (the POTW). In addition, it shall be
unlawful for any user located outside the Township limits to continue
discharges to the POTW except as provided in this Part 4. In addition,
this Part 4 shall establish permit requirements for connections or
alterations to Township or YCUA sewage works facilities or the POTW;
govern the design, construction, alteration or use of and connection
to the sewage works and POTW; regulate the discharge of wastewater
into the sewage works and POTW; prohibit certain detrimental conduct;
authorize the issuance of permits; authorize inspections; provide
for administration and enforcement of this Part 4; establish civil
and criminal penalties for violations; and authorize the enforcement
of and ensure compliance within the Township of the Federal Water
Pollution Control Act, the Clean Water Act and the Michigan Natural
Resources and Environmental Protection Act, more specifically defined
herein, and regulations promulgated and adopted under said acts and
statutes, including an industrial pretreatment program and enforcement
response plan adopted by the POTW.
The following words, terms and phrases, when used in this Part 4, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
These terms are used interchangeably in this Part 4 and refer to Public Law 92-500, as adopted in 1972 and amended by Public Law 95-217 in 1977 (33 U.S.C. § 1251 et seq.), and any succeeding amendments and any administrative rules promulgated thereunder, as amended or revised from time to time.
Limits set by the YCUA in lieu of the promulgated National
Categorical Pretreatment Standard for integrated facilities in accordance
with the combined wastestream formula as set by the EPA.
A responsible corporate officer, if the industrial user is a
corporation, who shall be a president, secretary, treasurer, or 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 the principal manager of one or
more manufacturing, production, or operation facilities employing
more than 250 persons or having a 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;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
A duly authorized representative of the individual designated
above and if all of the following apply:
This authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, operator of a well, or well field superintendent, or
a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
The written authorization is submitted to the Director. If an
authorization is no longer accurate because a different individual
or position has responsibility for the overall operation of the facility,
or overall responsibility for environmental matters for the company,
a new authorization satisfying the requirements of this definition
shall be submitted to the Director prior to or together with any reports
to be signed by an authorized representative.
Programs, practices, procedures or other directed efforts,
initiated and implemented by users, which can or do lead to the reduction,
conservation or minimization of pollutants being introduced into the
ecosystem, including but not limited to the YCUA publicly owned treatment
system. BMPs include, but are not limited to, equipment or technology
modifications, process or procedure modifications, reformulation or
design of products, substitution of raw materials, and improvements
in housekeeping, maintenance, training, or inventory control, and
may include technical and economic considerations. BMP's may
be structural or nonstructural or both. In determining what BMPs will
be required of a user in a particular case, the Director may consider
all relevant technological, economical, practical, and institutional
considerations as determined relevant and appropriate by the Director,
consistent with achieving and maintaining compliance with the requirements
of this Part 4 and other applicable laws and regulations.
A written document that describes how the BMPs will be accomplished.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration (milligrams
per liter).
The Board of Trustees of Pittsfield Charter Township.
That part of the lowest horizontal piping of a drainage system
which receives the drainage from soil, waste and other 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.
That extension from the building drain to the public sewer
or other places of disposal. The building sewer includes all pipe
and or conduit, which transports waste from the building up to and
including any connection to the public sewer. The Township shall not
be responsible for any sewer from the point of connection, including
the connection itself, to the building even if the sewer is located
within the public right-of-way.
Intentional diversion of waste streams from any portion of
an industrial user's treatment facility.
A measure of the oxygen-consuming capacity of inorganic and
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 and DOC, oxygen consumed and dichromate oxygen
consumed, respectively.
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.
A sewer receiving both surface runoff and sewage.
The wastestream at industrial facilities where regulated
process effluent is mixed with other wastewaters (either regulated
or unregulated) prior to treatment.
A substance amenable to treatment in the wastewater treatment
plant such as biochemical oxygen demand, suspended solids, pH and
fecal coliform bacteria, plus additional pollutants identified in
the NPDES permit if the publicly owned treatment works was designed
to treat such pollutants, and in fact does remove such pollutant to
a substantial degree. Examples of such additional pollutants may include:
chemical oxygen demand, total organic carbon, phosphorus and phosphorus
compounds, nitrogen compounds, fats, oils and greases of animal or
vegetable origin.
A sample formed either by continuous sampling or by mixing
discrete samples obtained at intervals over a period of time. The
individual samples which shall be obtained through flow-proportional
composite sampling techniques, unless time-proportional composite
sampling or grab sampling is authorized by the YCUA. Where time-proportional
composite sampling or grab sampling is authorized by the YCUA, the
samples must be representative of the discharge. Manual generation
of a composite sample through the collection and combining of grab
samples may be approved if the user demonstrates to the satisfaction
of the Director that this will provide a representative sample of
the effluent being discharged. The decision to allow the alternative
sampling must be documented in the industrial user's file for
that facility or facilities. Composite sampling protocols delineated
in the user's permit take precedence.
A POTW that has a DEQ approved industrial pretreatment program.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The concentration or mass loading that shall not be exceeded
on any single calendar day. Where daily maximum limitations are expressed
in terms of a concentration, the daily discharge is the arithmetical
average measurement of the pollutant concentration derived from all
measurements taken that day. Where daily maximum limitations are expressed
in units of mass, the daily discharge is the total mass discharged
during the day. If a composite sample is required for a parameter,
the determination whether the daily maximum limitation for that parameter
has been exceeded on a single calendar day shall be based on the composite
sample collected for that parameter on that calendar day. If grab
samples are required for a parameter, the determination whether the
daily maximum limitation for that parameter has been exceeded on a
calendar day shall be based on the average of all grab samples collected
for that parameter on that calendar day. If only one grab sample is
collected for a parameter on a given day, the determination whether
the daily maximum limitation for that parameter has been exceeded
for the day shall be based on the results of that single grab sample.
If the pollutant concentration in any sample is less than the applicable
detection limit, that value shall be regarded as zero when calculating
the daily maximum concentration.
The charges levied to customers of the wastewater system,
which are used to pay principal, interest and administrative costs
of retiring the debt incurred for construction of the sewage works.
The State of Michigan Department of Environmental Quality
administrator or other duly authorized official.
The Director of the Pittsfield Township Utilities Department (PTUD) or the Director's authorized deputy, agent, or representative, which may include the Director of YCUA, pursuant to the provisions of § 36-58L.
Waste and wastewater from humans or household operations,
which is discharged to, or otherwise enters, a publicly owned treatment
works (POTW).
The enforcement response plan of YCUA or a POTW.
The U.S. Environmental Protection Agency, administrator or
other duly authorized official.
Any hydrocarbons, fatty acids, soaps, fats, waxes, oils,
or any other nonvolatile or semivolatile material of animal, vegetable
or mineral origin that is extractable by solvents in accordance with
standard methods.
A composite sample taken with regard to the flow rate of
the wastestream.
A nondomestic user that engages in one or more of the following
food preparation activities: cooking by frying (all methods); baking
(all methods); grilling; sauteing, rotisserie cooking; broiling (all
methods); boiling; blanching; roasting; toasting; poaching; infrared
heating; searing; barbecuing; and any other food preparation activity
that produces a hot, nondrinkable food product in or on a receptacle
that requires washing.
A pipe or conduit, which is placed around the perimeter of
a building foundation and which intentionally admits groundwater.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
A sample taken from a wastestream on a one-time basis over
a period of time of not more than 15 minutes without regard to the
flow in the wastestream.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
Any pollutant which is not a compatible pollutant.
The DEQ approved industrial pretreatment program of YCUA
or a POTW.
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.
A discharge permit issued by the Director under this Part
4 and the YCUA industrial pretreatment program.
The wastewater discharges from industrial, manufacturing,
trade or business processes, or wastewater discharge from any structure
with these characteristics, as distinct from their employee's
domestic wastes or wastes from sanitary conveniences.
That portion of groundwater, which is unintentionally admitted
to a sewer.
The maximum concentration of a pollutant allowed to be discharged
at any instant in time (independent of the flow rate or duration of
the sampling event). If the concentration determined by analysis of
any grab sample, composite sample, or discrete portion of a composite
sample exceeds the instantaneous maximum concentration, the instantaneous
maximum concentration shall be deemed to have been exceeded. Any discharge
of a pollutant at or above a specified instantaneous maximum concentration
is a violation of this Part 4 and the YCUA or POTW industrial pretreatment
program.
A discharge, alone or in conjunction with a discharge or
discharges from other sources, to which both of the following provisions
apply:
The discharge inhibits or disrupts the publicly owned treatment
works, its treatment processes or operations, or its sludge processes,
use or disposal;
Pursuant to Subsection A of this definition, the discharge is a cause of a violation of any requirement of the YCUA/PTUD or the Act or the State Act, 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; the Solid Waste Disposal Act, 42 U.S.C. § 2601 et seq., including Title II, more commonly referred to as the Resource Conservation and Recovery Act, and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Marine Protection, Research and Sanctuaries Act, 33 U.S.C. § 1401 et seq.
A plan to ensure that the maximum allowable mercury loading to the POTW is not exceeded as described in § 36-82.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Clean
Water Act, 33 U.S.C. § 1317, which apply to a specific category
of nondomestic users and which appear in 40 CFR Chapter I, Subchapter
N (1990), Parts 405 through 471.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
Any building, structure, facility, or installation from which
there is or may be a discharge and for which construction commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Clean Water Act will be applicable to the source if
the standards are thereafter promulgated in accordance with Section
307(c), and if any of the following provisions apply:
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production of wastewater-generated processes of the building,
structure, facility, or installation is substantially independent
of an existing source at the same site. The extent to which the new
facility is engaged in the same general type of activity as the existing
source and the extent of integration of the new facility with the
existing plant should be considered in determining whether the process
is substantially independent.
An industry, commercial establishment, or other entity that
discharges wastewater to a publicly owned treatment works other than,
or in addition to, sanitary sewage.
All work, materials, equipment, utilities, administration
and other effort required to operate and maintain the sewage works
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.
The person responsible for the overall operation of a facility.
The person who owns a facility or part of a facility.
A discharge that exits the WWTP into state waters 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 Act, the State Act, or the NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, limited liability company, association, joint-stock company,
trust, estate, governmental entity or any other legal entity, or its
legal representatives, agents or assigns. The masculine gender shall
include the feminine, and the singular shall include the plural where
indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution or expressed
in standard units (SU).
Any of the following: substances regulated by categorical
standards; substances discharged to the POTW that are required to
be monitored, are limited in the POTW's permit, or are to be
identified in the POTW's permit application; substances for which
control measures on nondomestic users are necessary to avoid restricting
the approved residuals management program of the POTW; substances
for which control measures on nondomestic users are necessary to avoid
operational problems at the POTW; substances for which control measures
on nondomestic sources are necessary to avoid worker health and safety
problems in the POTW.
The man-made or man-induced alteration of the chemical, physical,
biological, or radiological integrity of water.
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,
process changes or other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on a nondomestic user.
Any regulation containing pollutant discharge limits promulgated in accordance with Section 307(b) and (c) of the Clean Water Act and the State Act. This term includes prohibited discharges and local limits defined in R 323.2303 of the Michigan Administrative Code and categorical standards, and this Part 4.
Garbage that has 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.
The Pittsfield Charter Township Utilities Department.
A sanitary sewer controlled by the Township. A public sewer
does not include building sewers or other instrumentalities that are
not owned or maintained by the Township even if the sewer is located
within the public right-of-way.
YCUA, the City of Ann Arbor, other control authority, and
the treatment works owned and/or operated by YCUA or the City of Ann
Arbor and includes any devices and systems used in the storage, treatment,
recycling, and reclamation of municipal sewage or industrial wastes
of a liquid nature. The term also includes sewers, pipes, and other
conveyances if they convey wastewater to or through the publicly owned
treatment works. The term also means the municipality (Pittsfield
Charter Township) that has jurisdiction over indirect discharges to,
and discharges from, the treatment works.
The replacement in whole or in part of any equipment in the
wastewater transportation or treatment systems to ensure continuous
treatment of wastewater in accordance with the NPDES permit and other
state and federal regulations.
A sewer that carries sewage and to which storm, surface and
ground waters are not intentionally admitted.
Substantial physical damage to property, damage to the treatment
facilities, which causes them to become inoperable, or substantial
or 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.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the sewage works.
Any arrangement of devices and structures used for treating
sewage, including the wastewater treatment plant of a POTW.
All municipal and Township facilities for collecting, pumping,
treating and disposing of sewage.
A pipe or conduit for carrying sewage.
The sum of any applicable user charges, surcharges and debt
service charges.
"Shall" is mandatory; "may" is permissive.
Either of the following:
A nondomestic user subject to categorical pretreatment standards
under 40 CFR 403 (March 26, 2007) and 40 CFR Chapter I, Subchapter
N (1990); or
A nondomestic user that, in the opinion of YCUA or PTUD, has
a reasonable potential to adversely affect the POTW's operation,
or for violating any pretreatment standard or requirement or that
contributes a process wastestream which makes up 5% or more of the
average dry weather hydraulic or organic capacity of the POTW treatment
plant, or 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.
Any user designated as significant may petition the Township
to be deleted from the list of significant industrial users on the
grounds that it has no potential for adversely affecting the POTW's
operation or violating any pretreatment standard or requirement.
The Director may determine that a user that meets the criteria of Subsection A(1) and (2) of this definition above is not currently a significant industrial user, if the Director finds that the user has no reasonable potential to adversely affect the operation of the POTW, to violate any pretreatment standard or requirement, or that an industrial user permit is not required to meet the purposes and objectives of this Part 4. A determination that a user is not a significant industrial user (or that a permit is therefore not required) shall not be binding and may be reversed by the Director at any time based on changed circumstances, new information, or as otherwise determined necessary by the Director to meet the purposes and objectives of this Part 4.
Any of the following:
Chronic violations of wastewater discharge limits, defined as
results of analyses in which 66% or more of all of the measurements
taken for the same pollutant parameter during a six-month period exceed,
by any magnitude, a numeric pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(l);
Technical review criteria (TRC) violations, defined as results
of analyses in which 33% or more of all of the measurements taken
for the same pollutant parameter taken during a six-month period equal
or exceed the product of the daily pretreatment standard or requirement
including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied
by the applicable technical review criteria. (Technical review criteria
equals 1.4 for compatible pollutants and 1.2 for all other pollutants,
except pH.);
Any other violation of a pretreatment standard or requirement,
(daily maximum, or longer-term average, instantaneous limits, or narrative
standard that YCUA or the PTUD determines has caused, alone or in
combination with other discharges, interference or pass-through, including
endangering the health of Township, YCUA, or PTUD personnel or the
general public;
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare, or the environment or has resulted in the
PTUD's exercise of its emergency authority under Rule 323.2306(a)(vi)
of the Part 23 Rules under the State Act or its emergency authority
under this Part 4 to halt or prevent the discharge;
Failure to meet, within 90 days after a scheduled date, a compliance
schedule milestone contained in a PTUD, POTW, or other 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, a required
report such as, but not limited to, a baseline monitoring report,
ninety-day or other compliance report, periodic self-monitoring report,
or report on compliance with a compliance schedule;
Failure to timely or accurately report noncompliance; or
Any other violation or group of violations, which may include
a violation of best management practices, that Township, or PTUD,
or YCUA determines will affect or has adversely affected the operation
or implementation of the PTUD or POTW pretreatment program or operation
of the POTW.
Either:
Any discharge of pollutants at a volume or concentration that
causes upset of or interference with the POTW or causes the pass-through
of pollutants to receiving waters;
Any discharge of a pollutant(s), measured by a grab sample,
at a concentration exceeding five times the composite or grab sample
discharge limit;
Any discharge of wastewater outside the pH range of 5 to 11
S.U. for either a continuous duration of greater than or equal to
15 minutes or for a sum total of 30 minutes within one day; or
Any discharge of a nonroutine, episodic nature, including but
not limited to an accidental spill or noncustomary batch discharge.
The State of Michigan.
Public Act 451 of 1994, the Natural Resources and Environmental
Protection Act (NREPA) (MCL 324.101 et seq.), as amended, and any
administrative rules promulgated thereunder, as amended or revised
from time to time.
A sewer that carries storm and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
An extra charge to cover the cost of treating, sampling and
testing extra strength sewage.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
Pittsfield Charter Township or its Board of Trustees.
Any pollutant or combination of pollutants, which is or can
potentially be harmful to the public health or the environment, including
those listed as toxic in regulations promulgated by the administrator
of the Environmental Protection Agency under the provisions of CWA
307(a) or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the sewage works.
A charge levied on users of a treatment works for the cost
of operation and maintenance of sewerage works pursuant to Section
204(b) of PL 92-500 and includes the cost of replacement.
The category of user connected to sanitary sewers, including
but not limited to residential, industrial, commercial, institutional
and governmental, defined as follows:
RESIDENTIAL USERA user of the treatment works whose premises or buildings are used primarily as a domicile for one or more persons, including dwelling units such as detached, semidetached and row houses, mobile homes, apartments, or permanent multifamily dwellings (transient lodging is not included, it is considered commercial);
INDUSTRIAL USERAny user who discharges an "industrial waste" as defined in this Part 4 or any nondomestic source who discharges pollutants to the sewage works or POTW;
COMMERCIAL USERAn establishment involved in a commercial enterprise, business or service, which based on a determination by the PTUD discharges primarily segregated domestic wastes or wastes from sanitary conveniences and which is not a residential user or an industrial user;
INSTITUTIONAL USERAny establishment involved in a social, charitable, religious, or educational function which, based on a determination by the PTUD, discharges primarily segregated domestic wastes or wastes from sanitary conveniences; and
GOVERNMENTAL USERAny federal, state or local government user of the wastewater treatment works.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or 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.
The following abbreviations shall have the following meanings:
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ASTM - American Society for Testing and Materials
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BMP - Best management practices
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BMPP - Best management practices plan
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BOD - Biochemical oxygen demand
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CFR - Code of Federal Regulations
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COD - Chemical oxygen demand
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CWA - Clean Water Act
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DEQ - Department of Environmental Quality (State of Michigan)
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EPA - Environmental Protection Agency
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ERP - Enforcement response plan
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FOG - Fats, oils, and grease
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IPP - Industrial pretreatment program
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l - liter
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MRP - Mercury reduction plan
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mg - milligrams
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mg/l - milligrams per liter
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NPDES - National Pollutant Discharge Elimination System
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O&M - Operation and maintenance
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POTW - Publicly owned treatment works
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PTUD - Pittsfield Charter Township Utilities Department
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R - Michigan Administrative Rule
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SIC - Standard Industrial Classification
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SS - Suspended solids
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USC - United States Code
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WWTP - The Ypsilanti Community Utilities Authority Wastewater
Treatment Plant
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WEF - Water Environment Federation
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YCUA - Ypsilanti Community Utilities Authority
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It shall be unlawful for any unauthorized person to maliciously,
willfully, or negligently break, damage, destroy, uncover, deface,
or tamper with any structure, appurtenance, or equipment which is
a part of the sewage works or POTW.
