By virtue of the obligations and authority placed upon the County of Oakland and the City of Detroit by the Federal Water Pollution Control Act; the Constitution of the State of Michigan; the State of Michigan Act No. 245 of the Public Acts of 1929, as amended; the Charter of the City of Royal Oak; National Pollutant Discharge Elimination System Permit for the City of Detroit Publicly Owned Treatment Works; the Federal District Court Consent Judgment pertaining to US EPA v. City of Detroit, et al, C.A. No. 77-1100, as amended; the Urban Cooperation Act of 1967, as amended; Public Act No. 35 of 1951, as amended; and existing or future contracts between the City of Royal Oak, County of Oakland, the Oakland County Department of Public Works, the Oakland County Drain Commissioner, and the Board of Water Commissioners of the City of Detroit, or by virtue of common law usage of the system, this article shall apply to every property and property owner which is a source of sewage and/or which contributes or causes to be contributed pollutants or wastewater to the City of Royal Oak Sewage Disposal System, Evergreen-Farmington Sewage Disposal System and/or the Clinton-Oakland Sewage Disposal System and/or the Huron-Rouge Sewage Disposal System and/or the Southeastern Oakland County Sewage Disposal System and/or the City of Detroit Publicly Owned Treatment Works.
When used in this article, the following terms shall have the meanings described in this section unless the context specifically indicates a different meaning:
ACT or THE ACT The Federal Water Pollution Control Act, P.L. 92-500, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY The Michigan Department of Natural Resources or the Environmental Protection Agency.
AS-BUILT PLANS Engineering drawings prepared after installations of wastewater facilities which shall show a statement by a registered engineer or surveyor certifying this to be "as-built plans" and shall include, but not be limited to, length of sewer, invert elevation, locations with respect to property lines, wye and riser locations and depths, sewer material and joints used, and mechanical, electrical, and structural details for pump stations, wastewater treatment facilities, and other appurtenances.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER Refers to a corporate officer, if the industrial user is a corporation; a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; or a duly authorized representative of the individual designated in either of the above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates or is the identified corporation, partnership, or proprietorship representative for responding to discharge inquiries or actions.
BIOCHEMICAL OXYGEN DEMAND (BOD) The quantity of dissolved 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 (mg/l)] as measured by standard methods.
BOARD The Board of Water Commissioners of the City of Detroit.
BUILDING DRAIN That part of the lowest horizontal piping of a drainage system which receives discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building's sewer (house sewer). The latter begins five feet outside the inner face of the building wall.
BUILDING SEWER The extension from the building drain that connects the building in which the sanitary sewage originates to the public sewer or other place of disposal and conveys the sewage of but one building.
CATEGORICAL STANDARDS The National Categorical Pretreatment Standards or a pretreatment standard as promulgated under authority of the Act, 40 CFR 403.
CHEMICAL OXYGEN DEMAND (COD) 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.
CHLORINE DEMAND The difference between the amount of chlorine applied and the amount of free chlorine available at the end of the contact time, expressed in milligrams per liter.
CITY The City in which this article is passed.
COMPATIBLE POLLUTANT BOD (biochemical oxygen demand), FOG (fats, oils or grease), phosphorus, suspended solids, and fecal coliform bacteria, plus other pollutants which do not exceed the Control Authority's interference or pass through limitations or the limitations of this article.
COMPOSITE SAMPLE A series of grab samples of equal volume taken over a specified time period with no regard to the flow in the waste stream, which are combined into one sample.
CONSENT JUDGMENT The judgment issued by Federal District Court on September 14, 1977, US EPA v. City of Detroit, et al, C.A. No. 77-1100, as amended.
CONTROL AUTHORITY The Detroit Water and Sewerage Department (DWSD) which has been officially designated as such by the state under the provisions of 40 CFR 403.12 or authorized representatives or employees of the DWSD.
CONTROL MANHOLE A suitable manhole, together with such necessary meters, including, where appropriate, adequate power source, and other appurtenances, to facilitate observation, sampling and measurement of wastewater to be constructed in accordance with plans approved by the county's engineering personnel.
COOLING WATER The noncontact water discharged from any use such as air conditioning, cooling, or refrigeration to which the only pollutant added is heat.
COUNTY The County of Oakland, State of Michigan, or its authorized representative, the Detroit Water and Sewerage Department.
COUNTY AGENCY The Oakland County Drain Commissioner or the Oakland County Department of Public Works.
CRITICAL MATERIALS The organic and inorganic substances, elements or compounds, listed in the register compiled by the Water Resources Commission of the Department of Natural Resources of the State of Michigan.
DAYS For purposes of computing, a period of time prescribed or allowed by this article, consecutive calendar days.
DEBT SERVICE CHARGE 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 wastewater system. The debt service charge is separate and distinct and may be in addition to the user charge specified below.
DIRECT DISCHARGE The discharge of treated or untreated wastewater directly into the waters of the State of Michigan.
DIRECTOR The Director of the Detroit Department of Water and Sewerage or the Director's deputy.
DOMESTIC USER A person who contributes, causes or permits wastewater to be discharged into the publicly owned treatment works from a place of domicile for one or more persons, including, but not limited to, single-family houses, apartment buildings, condominiums, townhouses and mobile homes. It shall also mean churches, schools and government buildings.
DWELLING Any structure designed for year-round habitation, including, but not limited to, houses, mobile homes, apartment buildings, condominiums and townhouses.
ENVIRONMENTAL PROTECTION AGENCY or EPA The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other authorized official of said federal agency.
FATS, OIL OR GREASE (FOG) Any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other nonvolatile material of animal, vegetable, or mineral origin that is extractable by solvent in accordance with standard methods.
FEDERAL GRANT A grant made or to be made for the construction of wastewater collection, transportation, and/or treatment works provided under the Act, P.L. 92-500, as amended.
FOOTING DRAIN A pipe or conduit which is placed around the perimeter of a building foundation and which intentionally admits groundwater.
GARBAGE The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It is composed of putrescible organic matter and its natural moisture content.
A. PROPERLY SHREDDED GARBAGEThe waste from the preparation, cooking and dispensing of foods 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 (1.27 centimeters) in any dimension.
GENERAL SPECIFICATIONS The current edition of standard material and construction requirements of the County of Oakland.
GRAB SAMPLE A sample which is taken from a waste stream on a one-time basis without regard to the variations in flow rate, but which shall reasonably reflect the characteristics of the waste stream at the time of sampling.
GROUNDWATER Subsurface water occupying the saturation zone, from which wells and springs are fed.
HOLDING TANK WASTE Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE The discharge or the introduction of pollutants from any nondomestic source, regulated under Section 307(b), (c), or (d) of the Act (33 U.S.C. § 1317), into the publicly owned treatment works.
INDUSTRIAL USER A person who contributes, causes, or permits wastewater to be discharged into the publicly owned treatment works from a place of business, endeavor, arts, trade, or commerce, whether public or private, commercial or charitable. Domestic users are specifically excluded.
INDUSTRIAL WASTE The discharge into the publicly owned treatment works of any liquid, solid, or gaseous waste or form of energy, or combination thereof, resulting from any processes of industry, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources.
INFILTRATION Any waters entering the system 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 system through such sources as, but not limited to, building downspouts, footing or yard drains, cooling water discharges, seepage lines from springs and swampy areas, and storm drain cross connections.
INTERFERENCE A discharge by a user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the publicly owned treatment works or its treatment processes or operations, or its sludge processes, use or disposal, and which causes a violation of any requirement of the publicly owned treatment works' NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal by the publicly owned treatment works in accordance 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 SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act.
LABORATORY DETERMINATION The measurements, tests, and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurement, test, or analysis of "Standard Methods for Examination of Water and Wastewater," a joint publication of the American Public Health Association, the American Waterworks Association, and the Water Pollution Control Federation or in accordance with any other method prescribed by the rules and regulations promulgated pursuant to federal or state law.
LATERAL LINE That portion of the sewer system located under the street or within the street right-of-way from the property line to the trunk line or interceptor and which collects sewage from a particular property for transfer to the trunk line or interceptor.
LOCAL A prefix denoting jurisdiction by the City.
MANAGER The chief administrative officer of the City, or his authorized representatives or agents.
NATIONAL CATEGORICAL PRETREATMENT STANDARD Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific class or category of industrial users.
NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
NEW SOURCE Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of the proposed National Categorical 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.
NORMAL DOMESTIC STRENGTH SEWAGE or NORMAL DOMESTIC STRENGTH WASTEWATER A sewage or other wastewater effluent which shall be a compatible pollutant with BOD of 275 milligrams per liter or less, suspended solids of 350 milligrams per liter or less, total phosphorus of 12 milligrams per liter or less, and fats, oil, and greases of 100 milligrams per liter or less.
OBSTRUCTION Any object of whatever nature which substantially impedes the flow of sewage from the point of origination to the trunk line or interceptor. This shall include, but not be limited to, objects, sewage, tree roots, rocks and debris of any type.
OPERATION AND MAINTENANCE (O&M) All work, materials, equipment, utilities and other effort required to operate and maintain the wastewater transportation and treatment system consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES permit and other applicable state and federal regulations, and includes the cost of replacement.
OWNER The owners of record of the freehold of the premises or lesser estate therein, a mortgagor or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm or corporation in control of a building.
PASS THROUGH The discharge of pollutants through the publicly owned treatment works into navigable waters in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of violation of any requirement of the publicly owned treatment works' NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, unit of government, school district or any other legal representative, agent or assigns, or any combination thereof. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
pH The negative reciprocal of the logarithm of the hydrogen concentration. The concentration is the weight of hydrogen-ions, in grams per liter of solution.
POLLUTANT Any substance or energy added or introduced into the user's water source.
POLLUTION The human-made or human-induced degradation or impairment of the chemical, physical, biological or radiological integrity of water.
PRETREATMENT The reduction of the amount of pollutants, the removal of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the publicly owned treatment works. The reduction, removal or alteration may be attained by physical, chemical or biological processes, or process changes by other means, except as prohibited by federal, state or local law, rules and regulations.
PRETREATMENT REQUIREMENTS Any substantive or procedural requirements related to pretreatment other than a national categorical pretreatment standard imposed on an industrial user.
PRIVATE A prefix denoting jurisdiction by a nongovernmental entity.
PUBLIC A prefix denoting jurisdiction by any governmental subdivision or agency.
PUBLIC SEWER A common sewer controlled by a governmental agency or public utility.
PUBLICLY OWNED TREATMENT WORKS (POTW) A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the City of Detroit. This definition includes any sewers that convey wastewater to the POTW treatment plant. For the purposes of this article, "publicly owned treatment works" or "POTW" shall also include any sewers under the jurisdiction of the City and/or the County of Oakland.
REPLACEMENT The replacement in whole or in part of any equipment, appurtenances and accessories in the wastewater transportation or treatment systems to insure continuous treatment of wastewater in accordance with the NPDES permit and other applicable state and federal regulations.
SANITARY SEWER A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SEPARATE A prefix denoting a wastewater transmission facility or sewer which is intended to transport sanitary wastewater only.
SERVICE AREA Any area whose wastewater is received by the City or the County of Oakland for the transmission for treatment by the City of Detroit DWSD.
SEWAGE or WASTEWATER Spent water which may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions, or other land uses, including drainage water and groundwater inadvertently present in said waste.
SEWER A pipe or conduit that carries wastewater or drainage water. See the following definitions modifying sewer:
A. BUILDING SEWERIn plumbing, the extension from the building drain to the public sewer or other place of disposal. Also called "house connection."
B. COMBINED SEWERA sewer intending to receive both wastewater and storm- or surface or drainage water.
C. COMMON SEWERA sewer in which all owners of abutting properties have equal rights.
E. INTERCEPTING SEWERA sewer that received dry-weather flow from a number of transverse sewers of outlets in frequently additional predetermined quantities of stormwater (if from a combined system) and conducts such waters to a point for treatment of disposal.
G. MUNICIPAL SEWERA public sewer exclusive of a county sewer or City of Detroit sewer.
H. PUBLIC SEWERA common sewer controlled by a governmental agency or public utility.
I. SANITARY SEWERA sewer that carries liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground-, storm-, and surface waters and drainage water that are not admitted intentionally.
J. STORM SEWERA sewer that carries stormwater and surface water, street wash and other wash waters, or drainage, but excludes domestic wastewater and industrial wastewater. Also called a "storm drain."
K. TRUNK SEWER or TRUNK LINEA sewer which connects the lateral sewer to the intercepting sewer and to which building sewers may be connected.
SIGNIFICANT USER Any industrial user of the POTW as defined herein who:
A. Has a discharge flow of 50,000 gallons or more per average workday, exclusive of stormwater and sanitary wastewater; or
B. Has discharges subject to the National Categorical Pretreatment Standards; or
C. Requires pretreatment to comply with the specific pollutant limitations of this article; or
D. Has, in its discharge, toxic pollutants as defined pursuant to Section 307 of the Act, or other applicable federal and state laws and regulations which are in concentrations and volumes that are subject to regulation under this article as determined by the Control Authorities; or
E. Is required to obtain a permit for the pretreatment, storage, or disposal of hazardous waste pursuant to regulations adopted by the state or adopted under the Federal Solid Waste Disposal Act, as amended, by the Federal Resource Conservation and Recovery Act and any amendments thereto and who may or does contribute or allow waste or wastewater into the POTW, including, but not limited to, leachate or runoff; or
F. Is found by the Control Authority to have significant impact, either singly or in combination with other contributing industries, on the POTW, the quality of sludge, the POTW's effluent quality, or air emissions generated by the POTW.
SLUG Any pollutant released in a discharge at a flow rate and/or concentration which will cause interference or pass through at the POTW as determined by the Control Authority.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) Refers to a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.
STANDARD METHODS The laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, or methods set forth in 40 CFR 136 "Guidelines for Establishing Test Procedures for Analysis of Pollutants." Where these two references are in disagreement on procedures for the analysis of a specific pollutant, the methods given in 40 CFR 136 shall be followed.
STATE The State of Michigan.
STORMWATER The water running off from the surface of a drainage area during and immediately after a period of rain.
SUPERINTENDENT The Superintendent of the City Department of Public Works or his duly authorized representative or agent.
SURCHARGE An additional charge which may be imposed to cover the cost of treatment of excess strength wastewater discharged by any customer.
SURFACE WATER A. All water on the surface as distinguished from groundwater or subterranean water.
B. Water appearing on the surface in a diffused state, with no permanent source of supply or regular course for any considerable time, as distinguished from water appearing in watercourses, lakes, or ponds.
SUSPENDED SOLIDS 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 filtration or as measured by standard methods.
TOTAL EQUIVALENT MASTER METERED WATER CONSUMPTION The equivalent to the total amount of potable water used by a municipality as recorded by a master water meter for sewered premises, and shall include, but not be limited to, fire protection water, gardening and lawn water.
TOXIC POLLUTANT Any pollutant or combination of pollutants designated as toxic in regulations promulgated by the Administrator of the United States Environmental Protection Agency under the provisions of Section 307(a) of the Clean Water Act, 33 U.S.C. § 1317, or included in the critical materials register promulgated by the Michigan Department of Natural Resources, or other federal or state laws, rules or regulations.
UNCONTAMINATED INDUSTRIAL WASTE or UNPOLLUTED INDUSTRIAL PROCESS WATER Industrial process water or cooling water which has not come into contact with any substance used in or incidental to industrial processing operations and to which no chemical or other substance has been added, and which is completely compatible with applicable stream standards, excepting thermal limitations.
UPSET or UPSET CONDITION An exceptional incident in which there is an unintentional or temporary noncompliance with limits imposed under this article or with National Categorical Pretreatment Standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
USER Any person who contributes, causes or permits the discharge of wastewater into the publicly owned treatment works as defined herein.
USER CHARGE 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 P.L. 92-500 and includes the cost of replacement.
WASTEWATER The liquid and water-carried industrial or domestic wastes of dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which are contributed to or permitted to enter the publicly owned treatment works. Wastewater may also contain infiltration and inflow waters and cooling water.
WASTEWATER DISCHARGE PERMITS Permits issued by the Control Authority or its designated representative as set forth in Section 7 of this article.
WASTEWATER FACILITIES The structures, equipment and processes required to collect, carry away, and treat domestic and industrial waste, and dispose of the effluent.
WATERCOURSE A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE Refers to 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.