Unless the context specifically indicates otherwise, the following
terms shall have the following meanings as used in this chapter:
ACT
Federal Water Pollution Control Act, also known as the "Clean
Water Act," as amended, 33 U.S.C. § 1251 et seq.
AMMONIA NITROGEN or NH3 AS N
One of the oxidation states of nitrogen in which nitrogen
is combined with hydrogen in molecular form as NH3 or in ionized form as NH+4, and is determined
quantitatively in accordance with U.S. EPA procedures set forth in
the latest version of 40 CFR 136.
AUTHORIZED REPRESENTATIVE
When used in reference to a nondomestic user, "authorized
representative" means as follows:
A.
If the user is a corporation, a responsible corporate officer.
"Responsible corporate officer" means:
(1)
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 decision-making functions for
the corporation; or
(2)
The manager of one or more manufacturing, production, or operating
facilities; provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
B.
If the user is a partnership or proprietorship, a general partner
or proprietor, respectively.
C.
If the user is a federal, state or local governmental entity,
the principal executive officer, ranking elected official, or director
having responsibility for the overall operation of the discharging
facility.
D.
A duly authorized representative of an individual designated in Subsection
A,
B or
C above, if the representative is responsible for the overall operation of the facilities from which the discharge to the POTW originates.
(1)
To be considered "duly authorized," the authorization must be made in writing by an individual designated in Subsection
A,
B or
C above. The authorization must specify either an individual or a position having responsibility for the overall operation of the facility (such as the position of plant manager, operator of a well or well field, or a position of equivalent responsibility, or having overall responsibility for the environmental matters for the company or entity). The written authorization must be submitted to the Director prior to or together with any reports to be signed by the authorized representative.
(2)
If an authorization under Subsection D(1) above 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 or entity, a new written
authorization must be submitted to the Director prior to or together
with any reports to be signed by the newly authorized representative.
BEST MANAGEMENT PRACTICE or BMP
Any practice, program, procedure, control, technique or measure
(used singularly or in combination), that a user is required to adopt
or implement to control, contain, treat, prevent, or reduce the discharge
of wastewater, pollutants or other substances to the POTW, as determined
necessary by the Director. BMPs include, but are not limited to: schedules
of activities; pollution treatment practices or devices; prohibitions
of practices; good housekeeping practices; pollution prevention, minimization
and reduction measures; educational practices and programs; maintenance
procedures; other management programs, practices or devices; treatment
requirements; notice, reporting, and recordkeeping requirements; and
operating procedures and practices to control or contain site runoff,
spillage or leaks, batch discharges, sludge or water disposal, or
drainage from product and raw materials storage. BMPs may be structural,
nonstructural, or both. In determining what BMPs will be required
of a user in a particular case, the Director may consider all relevant
technological, economic, practical, and institutional considerations
as determined relevant and appropriate by the Director, consistent
with achieving and maintaining compliance with the requirements of
this chapter and other applicable laws and regulations.
BOD
Biochemical oxygen demand.
BOD5
The quantity of dissolved oxygen used in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20° C., expressed in terms of weight and concentration
(milligrams per liter).
BYPASS
The intentional diversion of waste streams from any portion
of a user's treatment process or facility needed for compliance
with pretreatment standards or requirements.
CALENDAR DAY
The full twenty-four-hour period beginning at 12:00 midnight
of a day and ending at 12:00 midnight of the following day.
CALENDAR MONTH
The full period of calendar days beginning at 12:00 midnight
of the first calendar day of a month and ending at 12:00 midnight
of the last calendar day in that same month.
CAPITAL CHARGES
Those amounts paid by each user connected to the POTW to
pay the debt service requirements and capital expenditures to enlarge
or improve the wastewater system.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by the U.S. 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 users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405 through 471, as amended from time to time.
CBOD (denoting CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized (less the nitrogenous demand
by the addition of a nitrogen inhibitor) in the biological oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed as a concentration (e.g., mg/l).
CESSPOOL
An underground pit into which domestic waste is discharged
and from which the liquid seeps into the surrounding soil or is otherwise
removed.
CFR
Code of Federal Regulations.
CITY
The City of Kalamazoo, Kalamazoo County, Michigan, or the
City's authorized representatives.
COD (denoting CHEMICAL OXYGEN DEMAND)
A measure of 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 oxygen consumed (OC) and dichromate oxygen consumed
(DOC), respectively.
COLLECTION SYSTEM LIMITATION or CSL
A not-to-exceed concentration determined necessary to protect
the POTW that applies to pollutants with the potential to cause obstruction
of flow, fire, explosion, toxic fumes, structural corrosion, or other
adverse conditions.
COMPATIBLE POLLUTANT
A pollutant that, as determined by the Director, is susceptible
to effective treatment by the Director as designed, and which will
not interfere with, or pass through, the POTW, and which is otherwise
not incompatible with the treatment processes or in excess of the
capacity at the POTW. The term "compatible" is a relative concept
that must be determined on a case-by-case basis. In determining whether
or not a pollutant is compatible with the POTW, the Director may consider,
without limitation, the nature and qualities of the pollutant, and
the concentration, mass, and flow rate at which the pollutant is (or
is proposed to be) discharged. Thus, for example, even pollutants
such as BOD, fats, oils or grease, phosphorous, suspended solids,
and fecal coliform bacteria, which may typically be considered "compatible,"
may be determined incompatible by the Director if discharged in concentrations
or flows that would cause interference or pass through or exceed the
POTW's capacity. Specifically excluded from the definition of
compatible pollutant 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.
COMPLIANCE SCHEDULE
A schedule of remedial measures or actions that includes
an enforceable sequence of events for the commencement or completion
of actions leading to compliance with a pretreatment standard or requirement.
COMPOSITE SAMPLE
A series of individual samples, collected on a flow or time-proportional
basis, taken at regular intervals over a specific time period and
combined into a single sample (formed either by continuous sampling
or by mixing discrete samples) representative of the average stream
during the sampling period. For categorical sampling, a composite
sample shall consist of at least four individual samples taken within
a twenty-four-hour period.
COOLING WATER
Water used for cooling purposes only, including both contact
and non-contact cooling water.
COOLING WATER (CONTACT)
Water used for cooling purposes only that may become contaminated
or polluted either through the use of water treatment chemicals (such
as corrosion inhibitors or biocides) or by direct contact with process
materials and/or wastewater.
COOLING WATER (NON-CONTACT)
Water used for cooling purposes only that has no direct contact
with any raw material, intermediate product, final product, or waste,
and that does not contain a detectable level of contaminants higher
than that of the intake water (for example, the water discharged from
uses such as air conditioning, cooling, or refrigeration, or to which
the only pollutant added is heat).
DAILY MAXIMUM
The maximum discharge of pollutants or flow (expressed in
terms of concentration, mass loading, pounds, gallons or other unit
of measurement) 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 arithmetic average measurement of the pollutant
concentration derived from all measurements taken that calendar day
(except pH and dissolved oxygen). Where daily maximum limitations
are expressed in units of mass, the daily discharge is the total mass
discharged during the calendar 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 (except pH and dissolved
oxygen). If only one grab sample is collected for a parameter on a
given calendar day, the determination whether the daily maximum limitation
for that parameter has been exceeded for that calendar day shall be
based on the results of that single grab sample.
DAYS
For purposes of computing a period of time prescribed or
allowed by this chapter, consecutive calendar days.
DEWATERING
The temporary discharge of groundwater and/or surface water
associated with a construction project requiring the need to maintain
below-grade excavation free from surface or subsurface infiltration
of water.
DILUTE
To weaken, thin down, or reduce the concentration of pollutants
in wastewater.
DIRECTOR
The Director (or Acting Director) of the Department of Public
Services of the City or the Director's designees or authorized
representatives.
DISCHARGE
The introduction of waste, wastewater, effluent, or pollutants
into the POTW, whether intentional or unintentional, and whether directly
(such as through an approved sewer connection or other approved discharge
point as authorized by this chapter) or indirectly (including, but
not limited to, sources such as inflow and infiltration). Discharge
includes the introduction of waste, wastewater, effluent, or pollutants
into the POTW by any means or method of conveyance, including, but
not limited to the following: pipes; conduits; pumping stations; ditches;
tank trucks; the ground through defective pipes, pipe joints, or walls;
roof leaders; cellar, yard, or area drains; foundation drains; drains
from springs or wetlands; manhole covers; crossover pipes from storm
sewers; catch basins; storm sewers; surface runoff; street wash waters;
or other drainage.
DOMESTIC FOOD WASTE
Garbage generated by personal, noncommercial activities typically
associated with preparing meals in a kitchen in a residential dwelling,
such as meat, poultry, fish, vegetable, fruit, grain, or dairy wastes
generated by the storage, preparation, cooking, serving, dispensing,
or canning household food for personal use, as determined by the Director.
"Domestic food waste" is composed of putrescible raw or cooked organic
matter and its natural or added moisture content; it does not include
food packaging materials or food containers (e.g., paper, metal, plastic,
glass, etc.) or other non-food wastes or other trash associated with
the domestic food waste.
DOMESTIC SEPTAGE
Liquid or solid material removed from a septic tank, cesspool,
portable toilet, type III marine sanitation device, or similar storage
or treatment works that receives only domestic waste. Domestic septage
does not include liquid or solid material removed from a septic tank,
cesspool, or similar facility that receives either commercial wastewater
or industrial wastewater and does not include grease removed from
a grease interceptor, grease trap, or other appurtenance used to retain
grease or other fatty substances contained in restaurant waste.
DOMESTIC TREATMENT PLANT SEPTAGE
Biosolids generated during the treatment of domestic waste
in a treatment works and transported to a receiving facility or managed
in accordance with a residuals management program approved by EGLE.
DOMESTIC USER
A user that discharges only segregated normal strength domestic
waste into the POTW.
DOMESTIC WASTE or DOMESTIC WASTEWATER
Wastewater (or water- or liquid-carried waste) of human origin
generated by personal activities from toilet, kitchen, laundry, or
bathing facilities, or by other similar facilities used for household
or residential dwelling purposes ("sanitary sewage"). Domestic waste
shall not include any waste resulting from industrial or commercial
processes, including, without limitation, any hazardous or toxic pollutants.
Wastes that emanate from sources other than residential dwelling units
may be considered domestic wastes only if they are of the same nature
and strength and have the same flow rate characteristics as wastes
that emanate from residential dwelling units, as determined by the
Director.
DWELLING (as in residential dwelling)
Any structure designed for habitation, including but not
limited to houses, mobile homes, apartment buildings, condominiums,
and townhouses where each dwelling unit contains, at a minimum, sleeping
facilities, a toilet, a bath or shower, and a kitchen.
EFFLUENT
Wastewater or other liquid, partially or completely treated,
flowing from a reservoir, basin treatment process, treatment plant,
disposal facility or toilet device.
EGLE
The Michigan Department of Environment, Great Lakes, and
Energy (or any successor agency of EGLE). EGLE was formerly known
as the Michigan Department of Environmental Quality or "MDEQ."
EPA
The United States Environmental Protection Agency.
EXCESSIVE
At such a flow, rate, magnitude or amount that, in the judgment
of the Director, it may cause damage to any facility or the POTW;
may be harmful to the wastewater treatment processes; may adversely
affect the management or operation of the POTW or POTW sludge management
or disposal; may cause pass through or interference; may violate any
pretreatment standard or requirement; may adversely affect the quality
of the receiving waters or the ambient air quality; may endanger worker
health and safety; may constitute a public nuisance; may be inconsistent
with the requirements, purposes or objectives of this chapter; or
may otherwise adversely impact the public health, safety or welfare
or the environment.
EXISTING SOURCE
Any source of discharge that is not a "new source" as defined
by this chapter.
FATS or FOG
Fats, oil, or grease consisting of any hydrocarbons, fatty
acids, soaps, fats, waxes, oils, or any other non-volatile material
of animal, vegetable or mineral origin that is extractable by solvents
in accordance with standard methods.
FLOW-PROPORTIONAL COMPOSITE SAMPLE
A combination of individual samples of equal volume taken
at equal intervals of flow with or without consideration of the time
between individual samples, as required and determined appropriate
by the Director.
FOOD ESTABLISHMENT SEPTAGE
Material pumped from a grease interceptor, grease trap, or
other appurtenance used to retain grease or other fatty substances
contained in restaurant wastes and which is blended into a uniform
mixture, consisting of not more than one part of that restaurant-derived
material per three parts of domestic septage, prior to land application
or disposed of at a receiving facility.
FOOD SERVICE ESTABLISHMENT or FSE
Any premises where, or mobile food service unit from which, food or beverages are prepared and served or consumed, whether fixed or mobile, with or without charge, and whether on or off the premises. FSEs shall include, but are not limited to, restaurants, hotels, taverns, bars, rest homes, schools, factories, institutions, camps, grocery stores with on-site food preparation, and ice cream parlors. The following shall not be subject to the interceptor/APT requirements under §
28-16.08 of this chapter except as otherwise determined necessary by the Director to prevent adverse impacts on the POTW or to otherwise meet the purposes and objectives of this chapter: (a) a private residential dwelling unit where the food is prepared and served or consumed solely by the occupants of the dwelling unit; (b) a premises where the only food prepared and served or consumed is dispensed from automatic vending machines; (c) a "temporary food service establishment," meaning an FSE operating at a fixed location for not more than 14 consecutive days in conjunction with a single event or celebration; or (d) mobile food service units operating at fixed or variable locations; provided that FOG and food debris generated by a temporary food service establishment or mobile food service unit shall not be discharged to the POTW at any location except at a premises that does comply with the interceptor/APT requirements under §
28-16.08 of this chapter, and in no case shall any such FOG be discharged to a catch basin, manhole, storm sewer, natural outlet, surface water, groundwater, or be disposed of on the ground.
GARBAGE
Solid wastes of human origin from the residential or commercial
storage, preparation, cooking, serving, dispensing, canning, or packaging
of food, or from the commercial growing, handling, storage, processing
or sale of produce or other edible products, as determined by the
Director. "Garbage" is composed of putrescible raw or cooked organic
matter and its natural or added moisture content; it does not include
food packaging materials or food containers (e.g., paper, metal, plastic,
glass, etc.) or other non-food wastes or other trash associated with
food or produce waste.
GENERAL USER PERMIT
A permit issued to any user other than a significant industrial
user as provided by this chapter to control discharges to the POTW
and to ensure compliance with applicable pretreatment standards and
requirements.
GOOD UTILITY PRACTICES
Any of the practices, methods and acts engaged in or approved
by a significant portion of comparable publicly owned treatment works
facilities during the relevant time period, or other practices, methods
and acts which, in the exercise of reasonable judgment in light of
the facts known at the time the decision was made, could have been
expected to accomplish the desired result consistent with reliability,
safety, expedition, applicable local, state and federal laws and regulations,
and at reasonable cost; the term "good utility practices" is not intended
to be limited to the optimum practices, methods or acts to the exclusion
of all others, but rather to constitute a spectrum of acceptable practices,
methods or acts generally accepted by comparable publicly owned treatment
works facilities.
GRAB SAMPLE
An individual sample that is taken from a waste stream on
a one-time basis without regard to the flow in the waste stream and
over a period of time not to exceed 15 minutes.
GREASE TRAP or GREASE INTERCEPTOR
A device meant to receive the drainage from fixtures or equipment
with FOG-laden waste from a food service establishment or other nondomestic
user's premises, and may also be described as a device for separating
and retaining FOG, waterborne greases, and grease complexes from wastewater
prior to the wastewater exiting the device and entering the public
sewer. Grease traps are generally smaller devices with lower flow
rates and are located inside (often directly under a sink in FSEs),
while grease interceptors are generally larger devices with higher
flow rates located outdoors and underground.
GRINDER PUMP
In a grinder pump system, the device to which the building
sewer connects and which grinds and pumps the sewage to the public
sewer for transportation to the POTW.
GRINDER PUMP SYSTEM
The publicly owned grinder pump, controls and pressure discharge
pipe, including all control boards, controls, floats, pumps, storage
tanks and appurtenances thereto which provides the connection between
the privately owned building sewer and the public sewer system.
HAZARDOUS WASTE
Any substance discharged or proposed to be discharged into
the POTW, that:
A.
If otherwise disposed of would be a hazardous waste under 40
CFR Part 261 or under the rules promulgated under the state Hazardous
Waste Management Act (Part 111 of Act 451 of the Public Acts of Michigan
of 1994, MCL § 324.11101 et seq., as amended); or
B.
Is otherwise a waste or a combination of waste and other discarded
material including solid, liquid, semisolid, or contained gaseous
material that because of its quantity, quality, concentration, or
physical, chemical, or infectious characteristics, may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
illness or serious incapacitating but reversible illness, or may pose
a substantial present or potential hazard to human health or the environment
if improperly treated, stored, transported, disposed of, or otherwise
managed, as determined by the Director.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
Any pollutant that is not a compatible pollutant and/or contains
substances which are not amenable to treatment, or wastes which may
adversely affect the treatment process, the effluent, sludge disposal
practices, or cause the POTW to violate its NPDES permit, as determined
by the Director.
INDIVIDUAL CONTROL DOCUMENT
A written document issued by the Director to a user to ensure
and enforce compliance with applicable pretreatment standards and
requirements, including, but not limited to, nondomestic user permits
and general user permits as provided by this chapter.
INDUSTRIAL USER
Any nondomestic user that, by any means, contributes, causes
or permits the contribution, introduction or discharge of wastewater
or pollutants into the POTW, whether intentional or unintentional,
and whether directly or indirectly.
INFILTRATION
Any waters entering the POTW from the ground through such
means as, but not limited to, defective pipes, pipe joints, connections
or manhole walls. Infiltration does not include, and is distinguished
from, inflow.
INFLOW
Any waters entering the POTW from sources such as, but not
limited to, building downspouts; roof leaders; cellar, yard, and area
drains; foundation and footing drains; cooling water (non-contact)
discharges; drains from springs and swampy areas; manhole covers;
cross connections from storm sewers; catch basins; stormwaters; surface
runoff; street wash waters; or drainage. Inflow does not include,
and is distinguished from, infiltration.
INSTANTANEOUS MAXIMUM LIMIT
The maximum concentration or other measure of pollutant magnitude
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
or other measure of pollutant magnitude determined by analysis of
any grab sample, composite sample, or discrete portion of a composite
sample exceeds the instantaneous maximum limit, the instantaneous
maximum limit shall be deemed to have been violated.
INSTANTANEOUS MINIMUM LIMIT
The lowest measure of pollutant magnitude 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
or other pollutant magnitude determined by analysis of any grab sample,
composite sample, or discrete portion of a composite sample is below
the specified instantaneous minimum limit, the instantaneous minimum
limit shall be deemed to have been violated.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, either:
A.
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; or
B.
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, the Solid Waste Disposal Act (SWDA) (including Title II,
more commonly referred to as the Resource Conservation and Recovery
Act (RCRA), 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, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
KWRP or KALAMAZOO WATER RECLAMATION PLANT
The portion of the POTW that is designed to provide treatment,
including recycling or reclamation, of wastewater, and that is commonly
referred to as a POTW wastewater treatment plant (WWTP).
LEACHATE
Any liquid that has percolated through or out of some substance
and that liquid has been polluted or made toxic by percolating through
that substance such as rubbish; a solution obtained by leaching.
LIQUID INDUSTRIAL BY-PRODUCT
Any material that is produced by, is incident to, or results
from industrial, commercial, or governmental activity, or any other
activity or enterprise, that is determined to be liquid by Method
9095 (paint filter liquids test) as described in "Test Methods for
Evaluating Solid Wastes, Physical/Chemical Methods," United States
Environmental Protection Agency Publication No. SW-846, and that is
discarded. Liquid industrial by-product does not include any of the
following:
A.
Hazardous waste regulated and required to be manifested under
Part 111 of Act 451 of the Public Acts of Michigan of 1994, MCL § 324.11101
et seq., as amended;
B.
Septage waste regulated under Part 117 of Act 451 of the Public
Acts of Michigan of 1994, MCL § 324.11101 et seq., as amended;
C.
Medical waste regulated under Part 138 of the Public Health
Code, 1978 PA 368, MCL §§ 333.13801 to 333.13832;
D.
A discharge to the waters of the state in accordance with a
permit, order, or rule under Part 31 of Act 451 of the Public Acts
of Michigan of 1994, MCL § 324.3101 et seq., as amended;
E.
A liquid generated by a household;
F.
A liquid regulated under 1982 PA 239, MCL §§ 287.651
to 287.683, as amended; or
G.
Material managed in accordance with Section 12102a of Part 121
of Act 451 of the Public Acts of Michigan of 1994, MCL § 324.12101
et seq., as amended.
LOCAL LIMIT
A specific enforceable prohibition, standard or requirement
(numerical or nonnumerical) on discharges by nondomestic users established
by the Director to meet the purposes and objectives of this chapter
and to comply with applicable state and federal laws and regulations.
MAC
The Michigan Administrative Code.
MAHL or MAXIMUM ALLOWABLE HEADWORKS LOADING
The estimated maximum influent pollutant loads from all influent
sources (such as domestic and nondomestic users and septage) that
can be received at the POTW's headworks without causing pass-through
or interference and consistent with applicable laws and regulations,
as determined pursuant to the KWRP's most recent MAHL study.
MAIL or MAXIMUM ALLOWABLE INDUSTRIAL LOADING
The estimated maximum influent pollutant loads from nondomestic
users (including permitted industrial users and other controlled sources)
that can be received at the POTW's headworks without causing
pass-through or interference and consistent with applicable laws and
regulations, as determined pursuant to the KWRP's most recent
MAHL study.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, or dialysis
wastes, and includes any medical or infectious wastes as defined by
the EGLE.
MG/L
Milligrams per liter.
MOBILE FOOD SERVICE UNIT
Any motorized vehicle (or towed trailer) in or from which
food or beverages are prepared and served or consumed, with or without
charge. The term includes vehicles commonly referred to as "food trucks"
or "food trailers."
MONTHLY AVERAGE
The sum of the concentrations (or mass loadings, expressed
in terms of pounds per day, or such other unit of measurement) of
a pollutant divided by the number of samples taken during a calendar
month. The concentrations (or loadings) that are added are single
numbers for single calendar days for all days during the calendar
month for which analyses are obtained (whether by the user or the
POTW), but the concentrations (or loadings) may be based upon a sample
or samples taken over either all or part of that day and upon single
or multiple analyses for that day, as determined by the Director.
If no samples are taken during particular months because less than
monthly sampling is required for a pollutant parameter (e.g., a specified
quarterly monitoring period), the monthly average for each month within
the specified monitoring period shall be deemed to be the sum of concentrations
(or loadings) for the monitoring period divided by number of samples
taken during the monitoring period.
NATIONAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act which
applies to industrial users and includes prohibitive discharge limits
established pursuant to 40 CFR 403.5.
NATURAL OUTLET
Any naturally formed outlet into a watercourse, pond, ditch,
lake or other body of surface or groundwater.
NEW SOURCE
A.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under 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, 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.
B.
Construction on a site at which 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 Subsection A(1) or (2) of this section, above,
but otherwise alters, replaces, or adds to existing process or production
equipment. Commencement of construction of a new source shall be determined
in a manner consistent with 40 CFR 403.3(m)(3).
NG/L
Nanograms per liter.
NH3-N
See definition of "ammonia nitrogen."
NONDOMESTIC USER
Any user other than a domestic user (i.e., any user that
discharges anything other than segregated normal strength domestic
waste into the POTW). The determination of whether or not a user is
a "nondomestic user" shall be made by the Director at the Director's
sole discretion as determined necessary by the Director to achieve
the purposes and objectives of this chapter. Any user that has the
reasonable potential, as determined by the Director, to discharge
any waste other than normal strength domestic waste into the POTW,
may be deemed a nondomestic user for purposes of this chapter. For
the purposes of this chapter, and notwithstanding any other provision
of this chapter to the contrary, any other local unit of government
that contributes, or causes or permits the contribution or introduction
of wastewater or pollutants into the POTW, whether intentional or
unintentional, and whether direct or indirect, shall be considered
to be nondomestic user.
NONDOMESTIC USER PERMIT
A permit issued to a significant industrial user, or to such
other user as determined appropriate by the Director, as provided
by this chapter to control discharges to the POTW and to ensure compliance
with applicable pretreatment standards and requirements.
NONDOMESTIC WASTE or NONDOMESTIC WASTEWATER
Any wastewater (or water- or liquid-carried waste) other
than domestic waste. The determination of whether or not a waste is
a "nondomestic waste" shall be made by Director at the Director's
sole discretion as determined necessary by the Director to achieve
the purposes and objectives of this chapter. Any waste that has the
reasonable potential, as determined by the Director, to be not entirely
composed of normal strength domestic waste may be deemed nondomestic
waste for purposes of this chapter.
NORMAL STRENGTH
With regard to wastewater, "normal strength" means wastewater
for which the concentrations of all pollutants in the wastewater are
at or below the corresponding background sewage concentrations for
each pollutant. Similarly, with regard to any single pollutant parameter,
"normal strength" means that the concentration of the pollutant is
at or below the corresponding background sewage concentration for
the pollutant. Further, to be considered normal strength, the wastewater
must have a pH between 6.5 and 8.5, must not exceed any local limit,
and must not contain a level of any constituents (either singly or
in combination) that might interfere with POTW treatment processes
or cause pass-through. The determination of whether or not wastewater
or the concentration of a particular pollutant concentration is "normal
strength" shall be made by the Director based on such factors (including,
but not limited to, the factors provided by this definition) as determined
necessary and appropriate by the Director to achieve the purposes
and objectives of this chapter.
NPDES PERMIT
A National Pollutant Discharge Elimination System permit
issued pursuant to Section 402 of the Act.
OBSTRUCTION
Anything of whatever nature that impedes the flow of wastewater
from the point of origination to the trunk line and anywhere else
within the POTW. This includes, but is not limited to, objects, sewage,
garbage, trash, FOG, tree roots, rocks and debris of any type.
OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, AND IMPROVEMENT
All work, materials, equipment, utilities, and other efforts
required to operate and maintain the POTW consistent, at a minimum,
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 repair, replacement,
and improvement, in whole or in part.
OUTFALL
The point (or points) of discharge by a user to the POTW,
approved by the Director and specified in a user permit.
OWNER
The owner of record of the freehold of a premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, or other person, firm or corporation
in control of a premises.
PASS-THROUGH
A discharge that exits the POTW into waters of the state
(or waters of the United States) in quantities or concentrations that,
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 or of any requirement of applicable local, state or federal
laws and regulations (including an increase in the magnitude or duration
of a violation), or otherwise detrimentally impacts the receiving
stream.
PERSON
Any individual, partnership, co-partnership, firm, company,
association, society, corporation, 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.
PFAS
Per- and polyfluoroalkyl substances.
PFOA
Perfluorooctanoic acid.
PFOS
Perfluorooctane sulfonate.
pH
The quantitative measure of acidity or alkalinity of a solution,
defined as the negative logarithm (base-10) of the concentration of
hydronium ions in equivalents/liter.
PHOSPHORUS
The total phosphorus content of a sample including all of
the orthophosphates and condensed phosphates, both soluble and insoluble,
and organic and inorganic species, and referred to in Standard Methods
as total phosphorus.
PLUMBING CODE
The Michigan Plumbing Code as adopted by the City in Article
III, Plumbing Code, of Chapter
9, Buildings and Building Regulations, of the City of Kalamazoo Code of Ordinances. The Plumbing Code is intended to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems. Where there are differences between the provisions or requirements of the Plumbing Code and the provisions or requirements of this chapter or of other applicable regulations or laws, the most restrictive of those provisions or requirements shall control, as determined by the Director.
POLLUTANT
Includes, but is not limited to, any of the following:
A.
Any material that is discharged into water or other liquid,
including, but not limited to, dredged spoil, solid waste, incinerator
residue, sewage, garbage, trash, biosolids, sewage sludge, munitions,
medical wastes, chemical wastes, biological materials, radioactive
materials, wrecked or discharged equipment, rock, sand, cellar dirt
and industrial, municipal, and agricultural waste.
B.
Properties of materials or characteristics of wastewater, including,
but not limited to, pH, heat, TSS, turbidity, color, BOD, COD, toxicity,
and odor.
C.
Substances regulated by categorical standards.
D.
Substances discharged to the POTW that are required to be monitored
by a user under this chapter, that are limited in the POTW's
NPDES permit, or that are required to be identified in the POTW's
application for an NPDES permit.
E.
Substances for which control measures on users are necessary
to avoid restricting the POTW's residuals management program;
to avoid operational problems at the POTW; or to avoid POTW worker
health and safety problems.
POLLUTION
The alteration of the chemical, physical, biological and
radiological integrity of water.
POTW (PUBLICLY OWNED TREATMENT WORKS)
The complete sewage disposal, transportation and treatment
system of the City as defined by the Act and this chapter, including
the KWRP, and any devices, processes and systems used in the storage,
treatment, recycling or reclamation of wastewater, sewage or sludge,
as well as all sewers, pipes and other conveyances used to collect
or convey wastewater or sewage to the KWRP (including temporary connections,
if any, approved by the Director), as now or hereafter added to, extended
or improved. The term "POTW" shall also include any wastewater collection
facilities or sewers outside the City that convey wastewaters to the
POTW from persons who are, by contract or agreement with the City,
users of the POTW. References in this chapter to approvals, determinations,
reviews, etc., "by the POTW" shall mean by the Director, or the Director's
authorized representatives. The term "POTW" may also be used to refer
to the City as the municipality that has jurisdiction over the discharges
to, and discharges from, the treatment works, or to the KWRP, and
its designated representatives, as appropriate to the context in which
the term is used.
PREMISES
A lot, tract, parcel or plot of land, or a building or structure,
or any part thereof, having any connection, directly or indirectly,
to the POTW, or from which there is a discharge to the POTW.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
or removal of pollutants, or the alteration of the nature of pollutant
properties in wastewater before or instead of discharging or otherwise
introducing such pollutants into the POTW. The reduction or alteration
may be obtained by physical, chemical, or biological processes; process
changes; or other means, except for the use of dilution (unless expressly
authorized by any applicable pretreatment standard or requirement
and the Director) and except for the use other means prohibited by
applicable local, state, or federal laws or regulations. Appropriate
pretreatment technology includes control equipment, such as equalization
tanks or facilities, for protection against surges or slug loadings
or discharges that might otherwise interfere with or be incompatible
with the POTW, subject to applicable requirements of local, state
and federal laws and regulations.
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement imposed on a user
related to pretreatment, other than a national pretreatment standard.
PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
in accordance with Section 307(b) and (c) of the Act or Part 31 of
Act 451 of the Public Acts of Michigan of 1994, MCL § 324.3101
et seq., including general and specific prohibitive discharge limits
and local limits established in this chapter pursuant to Mich Admin
Code R 323.2303, and categorical standards, as amended from time to
time.
PROCESS WASTEWATER
Any water that, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product.
REASONABLE POTENTIAL
As used in this chapter, a determination of "reasonable potential"
by the Director means a determination made by the Director that a
certain condition, state, result or circumstance exists, or is likely
to exist, based upon the quantitative or qualitative factors or information
deemed by the Director to be relevant and appropriate to the determination,
consistent with the purposes and objectives of this chapter.
RELEASE
To spill, leak, dump, pump, dispose, deposit, inject, place
or abandon.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories,
or appurtenances that are necessary to maintain the capacity or performance
during the service life of the system for which the system was designed
or constructed.
RESIDENTIAL DWELLING
Any structure designed for habitation, including but not
limited to houses, mobile homes, apartment buildings, condominiums,
and townhouses where each dwelling unit contains, at a minimum, sleeping
facilities, a toilet, a bath or shower, and a kitchen.
SANITARY SEWER CLEANOUT SEPTAGE
Sanitary sewage or cleanout residue removed from a separate
sanitary sewer collection system that is not land applied and that
is transported by a vehicle licensed under Part 117 of Act 451 of
the Public Acts of Michigan of 1994 (MCL § 324.11701 et
seq., as amended; "Septage Waste Servicers") elsewhere within the
same system or to a receiving facility that is approved by EGLE.
SEPTAGE WASTE
The fluid mixture of untreated and partially treated sewage
solids, liquids, and sludge of human or domestic origin which is removed
from a wastewater system. Septage waste consists only of food establishment
septage, domestic septage, domestic treatment plant septage, or sanitary
sewer cleanout septage, or any combination of these.
SEPTIC TANK
A watertight receptacle receiving sewage and having an inlet
and outlet designed to permit the separation of suspended solids from
sewage and to permit such retained solids to undergo decomposition
therein.
SEVERE PROPERTY DAMAGE
Substantial physical damage to property, or damage to treatment
facilities that causes them to become inoperable, or substantial and
permanent loss of natural resources that can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean an economic loss caused by delays in production.
SEWER
Any pipe, tile, tube, drain, conduit, or conveyance that
carries, transports, or conveys wastewater or drainage water. Other
terms used in this chapter related to sewers are defined as follows:
A.
BUILDING DRAINThat part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys the discharge to a building sewer. The building drain shall be deemed to extend from within the walls of a building to a point five feet outside the outer face of the exterior building wall. (See diagram of a typical sewer service connection in § 28-04.01G.)
C.
COMMON SEWERA sewer in which all owners of abutting properties have equal rights.
D.
FOOTING DRAINA private pipe or conduit which is placed around the perimeter of a building foundation and which intentionally admits groundwater.
E.
INTERCEPTOR SEWERA public sewer that receives flow from a collector sewer, sewer main, and/or a sewer service lateral and such flow to a point for treatment or disposal.
F.
PRIVATE SEWERAny sewer service line, equipment, or facilities for the disposal of wastewater installed or located on any premises that transport wastewater from the premises to the public sewer, such as a building drain and private sewer service lateral. (See diagram of a typical sewer service connection in § 28-04.01G.)
G.
PUBLIC SEWERA common sewer that is controlled by a governmental agency, public utility, or other public entity, such as a sewer main or collector sewer.
H.
SANITARY SEWERA sewer intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, and to which storm, surface and groundwaters are not intentionally admitted, and which may include pumping stations, metering stations, and other appurtenances.
I.
SEWER MAINA public sewer which is designed to receive a sewer service lateral and is that portion of the common public sewer system located under the street or within the public right-of-way or public easement and that collects sewage from a particular property for transfer to a collector sewer, an interceptor sewer or to the KWRP.
J.
SEWER SERVICE LATERAL (sometimes also referred to as a "building sewer")The portion of the drainage system that extends from the end of the building drain (at a point five feet outside the outer face of the exterior building wall) and conveys the discharge to a public sewer main or other point of disposal. The portion of a sewer service lateral that extends from the building drain to the property line or public right-of-way easement is referred to as the "private sewer service lateral." The portion of a sewer service lateral from the property line or public right-of-way easement to the public sewer main is referred to as the "public sewer service lateral." (See diagram of a sewer service connection in § 28-04.01G.)
K.
SEWER SYSTEMA group of interacting sewers functioning as a whole that carries wastewater or drainage water.
L.
STORM SEWER or STORM DRAINA sewer or drain, either natural or artificial, intended to carry stormwater, snowmelt, and surface runoff and drainage, but not wastewater.
M.
WYE BRANCHA connection to the sewer that is made at an angle similar to a "Wye" so that a sewer cleaning rod will not come into the sewer at a right angle and penetrate the far side, but will travel down the course of the sewer.
SEWER RATES, FEES AND CHARGES
The rates, fees and charges for use of the POTW as established
from time to time by resolution of the City Commission. Such rates,
fees and charges include debt service charges required to retire debts
resulting from capital or other costs incurred to contract, improve,
expand, repair, maintain or replace a part of the POTW and sufficient
and proportionate use charges required of all users for the cost of
POTW operation, maintenance, repair, replacement, and improvement.
Surcharges and other rates and fees may also be charged for wastes
in amounts or concentrations regarding extra treatment services or
costs or as required for exceeding established limits.
SEWER SERVICE LATERAL
See definition of "sewer" for definitions of private and
public sewer services laterals.
SIGNIFICANT INDUSTRIAL USER or SIU
A.
Any user:
(1)
Subject to categorical pretreatment standards; or
(2)
Any other user that:
(a)
Discharges to the POTW an average of 25,000 gallons per day
or more of process wastewater (excluding sanitary, non-contact cooling
and boiler blow-down wastewater);
(b)
Contributes a process waste stream that makes up 5% or more
of the average dry weather hydraulic or organic capacity of the KWRP;
or
(c)
Is otherwise designated by the Director as a significant industrial
user on the basis that the user has a reasonable potential to adversely
affect the operation of the POTW, to violate any pretreatment standard
or requirement, or because the Director determines that a nondomestic
user permit for the user's discharge is required to meet the
purposes and objectives of this chapter.
B.
The Director may determine that a user that meets the criteria
of Subsection B(1) or (2) of this definition above is not currently
an SIU, 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 a nondomestic user permit is not
required to meet the purposes and objectives of this chapter. A determination
that a user is not an SIU (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
chapter.
SLUDGE
Accumulated solid material separated from liquid waste as
a result of the wastewater treatment process.
SLUG DISCHARGE
Any discharge of a non-routine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
SLUG LOADING
Any slug discharge that has a reasonable potential to cause
damage to the POTW; be harmful to the wastewater treatment processes;
adversely affect the management or operation of the POTW or POTW sludge
management or disposal; cause pass-through or interference or otherwise
cause the POTW to violate its NPDES permit; violate any pretreatment
standard or requirement as provided by this chapter or by any permit
or order issued under this chapter; adversely affect the quality of
the receiving waters or the ambient air quality; endanger worker health
and safety; constitute a public nuisance; or otherwise adversely impact
the public health, safety or welfare or the environment.
STATE
The State of Michigan. The term shall include, where applicable,
any administrative agency of the state having jurisdiction in the
subject matter of this chapter, including (but not limited to) the
EGLE.
STORMWATER
Any flow (such as stormwater runoff, snow melt runoff, and
surface runoff and drainage, but excluding wastewater) occurring during
or following, and resulting from, any form of natural precipitation,
and is that portion of flow in excess of that which infiltrates into
the soil of the drainage area.
SURCHARGE
The additional charges made by the Director for the treatment
of wastewater containing pollutants in excess of specified concentrations,
loadings, or other applicable limits, or for other purposes specified
by this chapter.
TIME-PROPORTIONAL COMPOSITE SAMPLE
A combination of individual samples of equal volume taken
at equal intervals of time, without consideration of the volume or
rate of flow, as required and determined appropriate by the Director.
TKN
The total Kjeldahl nitrogen content of a sample, including
all of the ammonia and organic nitrogen compounds which are converted
to ammonium sulfate under the conditions of digestion described in
Standard Methods.
TOXIC POLLUTANT
Any pollutant or combination of pollutants that is or can
potentially be harmful to the public health, the POTW, or the environment,
including, without limitation, those listed in 40 CFR 401.15 as toxic
under the provisions of the Clean Water Act, or listed in the Critical Materials Register promulgated
by the EGLE, or as provided by local, state or federal laws, rules
or regulations.
TRASH
Any solid waste, refuse, rubbish, or junk (other than garbage),
including, but not limited to, the following:
A.
Animal entrails or tissues, bones, hair, hides or fleshings,
whole blood, feathers;
B.
Ashes, cinders, sand, cement, spent lime, stone or marble dust,
wood, metal, plastic, glass, cloth, rubber, leather, wire, rope, string,
fibers, straw, shavings, sweepings, spent grains, spent hops, tar,
asphalt residues, residues from refining or processing of fuel or
lubricating oil, mud or glass grinding or polishing wastes or tumbling
and deburring stones;
C.
Newspapers, magazines, books, catalogs, or wastepaper;
D.
Rags, clothing, disposable diapers, disposable wipes (including,
but not limited to, baby wipes, personal hygiene wipes, and disinfecting
wipes), and bedding;
E.
Containers, wrappings, cans, bottles, jars, glass crockery,
bags, and sacks; or paper, plastic, wood, or metal cartons, crates,
boxes, or barrels;
F.
Building construction and/or demolition debris (or parts or
pieces thereof) such as waste materials from interior and exterior
building construction, remodeling, and repair, including, but not
limited to, drywall, plywood, sheetrock, and paneling, brick, shingles,
concrete, lumber and other building materials; floor coverings; carpeting;
wallpaper; windows or window coverings; doors; cabinets; bathroom
and kitchen fixtures; and asbestos;
G.
Machinery, equipment, vehicles, tires, appliances, plumbing
fixtures, furniture, batteries, or pieces or parts thereof;
H.
Lawn cuttings, grass clippings, tree trimmings, branches, sticks,
leaves, clipping from shrubs, bushes, or hedges, roots, stumps, plants,
weeds and similar lawn, garden, or landscaping wastes or materials;
and
I.
Any other article, material, substance or pieces or parts thereof
customarily considered (or typically disposed of as) refuse, rubbish,
or junk, as determined by the Director.
TRUCKED OR HAULED WASTE OR POLLUTANTS
Any waste or wastewater proposed to be discharged to the
POTW from a mobile source, including, without limitation, holding
tank waste and septage waste.
UG/L
Micrograms per liter.
UNPOLLUTED WATER
Water in its natural state, or water which, after use for
any purpose, is not substantially changed as to chemical or biochemical
qualities or water that would otherwise not be benefitted by discharge
to the POTW. The Director shall determine whether water is unpolluted
water.
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 user. An upset does
not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation.
USER
Any person who contributes, causes or permits the contribution,
introduction or discharge of wastewater into the POTW, whether intentional
or unintentional, and whether directly or indirectly. User includes
any local unit of government other than the City that discharges to
the POTW, as well as the individual users located within such other
local unit of government.
USER PERMIT
A nondomestic user permit or a general user permit.
WASTEWATER
The liquid and water-carried industrial or domestic waste
from residential dwellings, commercial buildings, industrial facilities,
and institutions (including, without limitation, contaminated groundwater,
landfill leachate, and liquid industrial byproducts), whether treated
or untreated, that is contributed, introduced or discharged into the
POTW. The term includes any water that has in any way been used and
degraded or physically or chemically altered.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
WATERS OF THE STATE
All rivers, 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
of Michigan or any portion thereof, and as otherwise specified by
applicable laws and regulations.