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.