The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ACT or THE ACT
The Federal Water Pollution Control Act and the Clean Water
Act, which are used interchangeably in this chapter and refer to Public
Law 92-500, as adopted in 1972 and amended by Public Law 95-217 in
1977, and any succeeding amendments and any administrative rules promulgated
thereunder, as amended or revised from time to time.
ALTERNATIVE DISCHARGE LIMIT
Limits set by the POTW in lieu of the promulgated national
categorical pretreatment standard for integrated facilities in accordance
with the combined waste stream formula as set by the EPA.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
A responsible corporate officer, if the industrial user is a
corporation, who shall be a president, secretary, treasurer, or vice
president of the corporation in charge of a principal business function,
or any other person who performs similar policy- or decisionmaking
functions for the corporation, or the principal manager of one or
more manufacturing, production, or operation facilities employing
more than 250 persons or having a gross annual sales or expenditures
exceeding $25,000,000 (in second quarter 1980 dollars) if authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2)
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
(3)
A duly authorized representative of the individual designated
above and if all of the following apply:
(a)
The authorization is made in writing by the individual described in Subsections
(1) or
(2) of this definition;
(b)
This authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, operator of a well, or well field superintendent, or
a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
(c)
The written authorization is submitted to the Director. If an
authorization is no longer accurate because a different individual
or position has responsibility for the overall operation of the facility,
or overall responsibility for environmental matters for the company,
a new authorization satisfying the requirements of this definition
shall be submitted to the Director prior to or together with any reports
to be signed by an authorized representative.
AVAILABLE CYANIDE
The quantity of cyanide that consists of cyanide ion (CN),
hydrogen cyanide in water (HCNaq), and the cyano-complexes of zinc,
copper, cadmium, mercury nickel and silver, determined by EPA method
OIA-1677, or other method designated as a standard method or approved
under 40 CFR 136.
BEST MANAGEMENT PRACTICES (BMPs)
Programs, practices, procedures or other directed efforts,
initiated and implemented by the user, which can or do lead to the
reduction, conservation or minimization of pollutants being introduced
into the ecosystem, including but are not limited to the Ypsilanti
Community Utilities Authority (YCUA) or City of Detroit publicly owned
treatment systems. BMPs include, but are not limited to, equipment
or technology modifications, process or procedure modifications, reformulation
or design of products, substitution of raw materials, and improvements
in housekeeping, maintenance, training, or inventory control and may
include technical and economic considerations. BMPs may be structural
or nonstructural or both. In determining what BMPs will be required
of a user in a particular case, the Director may consider all relevant
technological, economical, practical, and institutional considerations
as determined relevant and appropriate by the Director, consistent
with achieving and maintaining compliance with the requirements of
this chapter and other applicable laws and regulations.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration (milligrams
per liter).
BOARD
The Board of Trustees of Northville Charter Township.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the drainage from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
BUILDING SEWER
That extension from the building drain to the public sewer
or other places of disposal.
BYPASS
Intentional diversion of waste streams from any portion of
an industrial user's treatment facility.
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 added to water
or wastewater and the amount of residual chlorine remaining at the
end of a specified contact period. The demand for any given water
varies with the amount of chlorine applied, time of contact and temperature.
COMBINED WASTE STREAM
The waste stream at industrial facilities where regulated
process effluent is mixed with other wastewaters (either regulated
or unregulated) prior to treatment.
COMPATIBLE POLLUTANT
A substance amenable to treatment in the wastewater treatment
plant such as biochemical oxygen demand, suspended solids, pH and
fecal coli form bacteria, plus additional pollutants identified in
the National Pollution Discharge Elimination System (NPDES) permit
if the publicly owned treatment works was designed to treat such pollutants,
and in fact does remove such pollutant to a substantial degree. Examples
of such additional pollutants may include chemical oxygen demand (COD),
total organic carbon, and phosphorus and phosphorus compounds, nitrogen
compounds, fats, oils and greases of animal or vegetable origin.
COMPOSITE SAMPLE
(1)
A sample formed either by continuous sampling or by mixing discrete
samples obtained at intervals over a period of time. The individual
samples shall be obtained through flow-proportional composite sampling
techniques, unless time-proportional composite sampling or grab sampling
is authorized by DWSD or YCUA. Where time-proportional composite sampling
or grab sampling is authorized by DWSD or YCUA, the samples must be
representative of the discharge. Manual generation of a composite
sample through the collection and combining of grab samples may be
approved if the user demonstrates to the satisfaction of the Director
that this will provide a representative sample of the effluent being
discharged.
(2)
The decision to allow the alternative sampling must be documented
in the industrial user's file for that facility or facilities.
Composite sampling protocols delineated in the user's permit
take precedence.
COOLING WATER
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
DAILY MAXIMUM
The concentration or mass loading that shall not be exceeded
on any single calendar day. Where daily maximum limitations are expressed
in terms of concentration, the daily discharge is the arithmetical
average measurement of the pollutant concentration derived from all
measurements taken that day. Where daily maximum limitations are expressed
in units of mass, the daily discharge is the total mass discharged
during the day. If a composite sample is required for a parameter,
the determination whether the daily maximum limitation for that parameter
has been exceeded on a single calendar day shall be based on the composite
sample collected for that parameter on that calendar day. If grab
samples are required for a parameter, the determination whether the
daily maximum limitation for that parameter has been exceeded on a
calendar day shall be based on the average of all grab samples collected
for that parameter on that calendar day. If only one grab sample is
collected for a parameter on a given day, the determination whether
the daily maximum limitation for that parameter has been exceeded
for the day shall be based on the results of that single grab sample.
If the pollutant concentration in any sample is less than the applicable
detection limit, that value shall be regarded as zero when calculating
the daily maximum concentration.
DEBT SERVICE CHARGES
The charges levied to customers of the wastewater system
which are used to pay principal, interest and administrative costs
of retiring the debt incurred for construction of the sewage works.
DIRECTOR
The Director of the Northville Township Department of Public
Services or the Director's authorized deputy, agent or representative.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations,
which are discharged to or otherwise enter a POTW.
DWSD
The Detroit Water and Sewerage Department.
FATS, OILS, and GREASE (FOG)
Any hydrocarbons, fatty acids, soaps, fats, waxes, oils,
or any other nonvolatile or semivolatile material of animal, vegetable
or mineral origin that is extractable by organic solvents in accordance
with standard methods.
FOOD SERVICE ESTABLISHMENT
A nondomestic user that engages in one or more of the following
food preparation activities: cooking by frying (all methods); baking
(all methods); grilling; sauteing, rotisserie cooking; broiling (all
methods); boiling; blanching; roasting; toasting; poaching; infrared
heating; searing; barbecuing; and any other food preparation activity
that produces a hot, consumable food product in or on a receptacle
that requires washing.
FOOTING DRAIN
A pipe or conduit which is placed around the perimeter of
a building foundation and which intentionally admits groundwater.
GARBAGE
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample taken from a waste stream on a one-time basis over
a period of time of not more than 15 minutes without regard to the
flow in the waste stream.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum pump tank trucks.
INDUSTRIAL USER
A person who contributes, causes or permits wastewater to
be discharged into the POTW, including, but not limited to, a place
of business, endeavor, arts, trade or commerce, whether public or
private, commercial or charitable, but excludes single-family and
multi-family residential dwellings with discharges consistent with
domestic waste characteristics.
INDUSTRIAL WASTES
The wastewater discharges from industrial, manufacturing,
trade or business processes, or wastewater discharge from any structure
with these characteristics, as distinct from their employees'
domestic wastes or wastes from sanitary conveniences.
INFILTRATION
That portion of groundwater which is unintentionally admitted
to a sewer.
INSTANTANEOUS MAXIMUM CONCENTRATION
The maximum concentration of a pollutant allowed to be discharged
at any instant in time (independent of the flow rate or duration of
the sampling event). If the concentration determined by analysis of
any grab sample, composite sample, or discrete portion of any composite
sample exceeds the instantaneous maximum concentration, the instantaneous
maximum concentration shall be deemed to have been exceeded. Any discharge
of a pollutant at or above a specific instantaneous maximum concentration
is a violation of this chapter and the YCUA and DWSD Industrial Pretreatment
Programs.
INTERFERENCE
A discharge, alone or in conjunction with a discharge or
discharges from other sources, to which both of the following provisions
apply:
(1)
The discharge inhibits or disrupts the publicly owned treatment
works, its treatment processes or operations, or its sludge processes,
use or disposal;
(2)
Pursuant to Subsection
(1) of this definition, the discharge is a cause of a violation of any requirement of the POTW or the Act or the State Act, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder, or more stringent state or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq., including Title II, more commonly referred to as the "Resource Conservation and Recovery Act," and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. § 1401 et seq.
MERCURY REDUCTION PLAN
A plan to ensure that the maximum allowable mercury loading to the POTW is not exceeded as described in §
142-41 of this chapter.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
NEW SOURCE
Any building, structure, facility, or installation from which
there is or may be a discharge and for which construction commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Clean Water Act will be applicable to the source if
the standards are thereafter promulgated in accordance with Section
307(c), and if any of the following provisions apply:
(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 of wastewater-generated processes of the building,
structure, facility, or installation is substantially independent
of an existing source at the same site. The extent to which the new
facility is engaged in the same general type of activity as the existing
source and the extent of integration of the new facility with the
existing plant should be considered in determining whether the process
is substantially independent.
NONDOMESTIC USER
An industry, commercial establishment, or other entity that
discharges wastewater to a publicly owned treatment works other than,
or in addition to, sanitary sewage.
OPERATION AND MAINTENANCE
All work, materials, equipment, utilities, administration
and other effort required to operate and maintain the sewage works
consistent with insuring adequate treatment of wastewater to produce
an effluent in compliance with the NPDES permit and other applicable
state and federal regulations, and includes the cost of replacement.
OPERATOR
The person responsible for the overall operation of a facility.
OWNER
The person who owns a facility or part of a facility.
PASS-THROUGH
A discharge that exits the WWTP into state waters in quantities
or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any
requirement of the Act, the State Act, or the NPDES permit, including
an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, limited liability company, association, joint-stock company,
trust, estate, governmental entity or any other legal entity, or its
legal representatives, agents or assigns. The masculine gender shall
include the feminine and the singular shall include the plural where
indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution or expressed
in standard units (SU).
POLLUTANT
Any of the following: substances regulated by categorical
standards; substances discharged to the POTW that are required to
be monitored, are limited in the POTW's permit, or are or are
to be identified in the POTW's permit application; substances
for which control measures on nondomestic users are necessary to avoid
restricting the approved residuals management program of the POTW;
substances for which control measures on nondomestic users are necessary
to avoid operational problems at the POTW; substances for which control
measures on nondomestic sources are necessary to avoid worker health
and safety problems in the POTW.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, or radiological integrity of water.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutants, or the
alteration of the nature of pollutant properties in wastewater to
a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into the sewage works. The reduction or
alteration can be obtained by physical, chemical or biological processes,
process changes or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on a nondomestic user.
PRETREATMENT STANDARDS
Any regulation containing pollutant discharge limits promulgated
in accordance with Section 307(b) and (c) of the Clean Water Act and
the State Act. This term includes prohibited discharges and local
limits defined in R 323.2303 and categorical standards.
PROPERLY SHREDDED GARBAGE
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
The treatment works owned and/or operated by the YCUA or
DWSD and includes any devices and systems used in the storage, treatment,
recycling, and reclamation of municipal sewage or industrial wastes
of a liquid nature. The term also includes sewers, pipes, and other
conveyances if they convey wastewater to or through the publicly owned
treatment works. The term also means the municipality (Northville
Charter Township) that has jurisdiction over indirect discharges to,
and discharges from, the treatment works.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
QUANTIFICATION LEVEL
The measurement of the concentration of a contaminant obtained
by using a specified laboratory procedure calculated at a specified
concentration above the detection level. It is considered the lowest
concentration at which a particular contaminant can be quantitatively
measured using a specified laboratory procedure for monitoring of
the contaminant.
REPLACEMENT
The replacement in whole or in part of any equipment in the
wastewater transportation or treatment systems to ensure continuous
treatment of wastewater in accordance with the NPDES permit and other
state and federal regulations.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface
and groundwaters are not intentionally admitted.
SEVERE PROPERTY DAMAGE
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
or permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. "Severe property damage" does
not mean economic loss caused by delays in production.
SEWAGE or WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the sewage works.
SEWAGE WORKS
All municipal facilities for collecting, pumping, treating
and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SIGNFICANT INDUSTRIAL USER (SIU)
Either of the following:
(1)
A nondomestic user subject to categorical pretreatment standards
under 40 CFR 403 (1992) and 40 CFR Chapter I, Subchapter N (1990);
or
(2)
A nondomestic user that, in the opinion of the POTW or of the Township, has a reasonable potential to adversely affect the POTW's operation, or for violating any pretreatment standard or requirement or that contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or that dischargers an average of 25,000 gallons per day or more of process wastewater to the POTW, excluding sanitary, noncontact cooling, and boiler blowdown wastewater. Any user designated as "significant" may petition the Township to be deleted from the list of significant industrial users on the grounds that it has no potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement. The Director may determine that a user that meets the criteria of Subsections
(1) and
(2) of this definition above is not currently a significant industrial user if the Director finds that the user has no reasonable potential to adversely affect the operation of the POTW, to violate any pretreatment standard or requirement, or that an industrial user permit is not required to meet the purposes and objectives of this chapter. A determination that a user is not a significant industrial user (or that a permit is therefore not required) shall not be binding and may be reversed by the Director at any time based on changed circumstances, new information, or as otherwise determined necessary by the Director to meet the purposes and objectives of this chapter.
SIGNIFICANT NONCOMPLIANCE
Any of the following:
(1)
Chronic violations of wastewater discharge limits, defined as
results of analyses in which 66% or more of all of the measurements
taken for the same pollutant parameter during a six-month period exceed,
by any magnitude, a numeric pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(1);
(2)
Technical review criteria (TRC) violations, defined as results
of analyses in which 33% or more of all of the measurements for each
pollutant parameter taken during a six-month period equal or exceed
the product of the pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable technical review criteria. (Technical review criteria
equals 1.4 for compatible pollutants and 1.2 for all other pollutants,
except pH.);
(3)
Any other violation of a pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(1) (daily
maximum, longer-term average, instantaneous limits, or narrative standard),
that the POTW determines has caused, alone or in combination with
other discharges, interference or pass-through, including endangering
the health of Township or the POTW's personnel or the general
public;
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare, or the environment or has resulted in the
POTW's exercise of its emergency authority under Rule 323.2306(a)(vi)
of the Part 23 Rules under the State Act or its emergency authority
under this chapter to halt or prevent the discharge;
(5)
Failure to meet, within 90 days after a scheduled date, a compliance
schedule milestone contained in a POTW or other local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance;
(6)
Failure to provide, within 30 days after the due date, a required
report such as, but not limited to, a baseline monitoring report,
ninety-day or other compliance report, periodic self-monitoring report,
or report on compliance with a compliance schedule;
(7)
Failure to timely or accurately report noncompliance; or
(8)
Any other violation or group of violations, which may include
a violation of best management practices, that the POTW determines
will affect or has adversely affected the operation or implementation
of the POTW's pretreatment program or operation of the POTW.
SLUG, SLUG LOADING, SLUG DISCHARGE
Either:
(1)
Any discharge of pollutants at a volume or concentration that
causes upset of or interference with the POTW or causes the pass-through
of pollutants to receiving water; or
(2)
Any discharge of a pollutant(s), measured by a grab sample,
at a concentration exceeding five times the composite or grab sample
discharge limit; or
(3)
Any discharge of wastewater outside the pH range of five to
11 S.U. for either a continuous duration of greater than or equal
to 15 minutes or for a sum total of 30 minutes within one day; or
(4)
Any discharge of a nonroutine, episodic nature, including but
not limited to an accidental spill or noncustomary batch discharge.
STATE ACT
Public Act 451 of 1994, the Natural Resources and Environmental
Protection Act (NREPA), as amended, and any administrative rules promulgated
thereunder, as amended or revised from time to time.
STORM SEWER or STORM DRAIN
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SURCHARGE
An extra charge to cover the cost of treating, sampling and
testing extra-strength sewage.
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 filtering.
TOTAL PCB
The sum of the individual analytical results for each of
the PCB aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260 during
any single sampling event with any arocolor result less than the quantification
level being treated as zero.
TOTAL PHENOLIC COMPOUNDS
The sum of the individual analytical results for each of
the phenolic compounds of 2-chlorophenol, 4-chlorophenol, 4-chloro-3-methylphenol,
2,4-dichlorophenol, 2,4-dinitrophenol, 4-methylphenol, 4-nitrophenol,
and phenol during any single sampling event expressed in mg/l.
TOWNSHIP
The Charter Township of Northville, Michigan, or its Board
of Trustees.
TOXIC POLLUTANT
Any pollutant or combination of pollutants which is or can
potentially be harmful to the public health or the environment, including
those listed as toxic in regulations promulgated by the Administrator
of the Environmental Protection Agency under the provisions of CWA
307(a) or other acts.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the sewage works.
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 PL 92-500 and includes the cost of replacement.
USER CLASS
The kind of user connected to sanitary sewers, including
but not limited to residential, industrial, commercial, institutional
and governmental, defined as follows:
(1)
RESIDENTIAL USERA user of the treatment works whose premises or buildings are used primarily as a domicile for one or more persons, including dwelling units such as detached, semidetached and row houses, mobile homes, apartments, or permanent multifamily dwellings (transient lodging is not included; it is considered commercial).
(2)
INDUSTRIAL USERAny user who discharges an industrial waste as defined in this chapter or any nondomestic source who discharges pollutants to the sewage works or POTW.
(3)
COMMERCIAL USERAn establishment involved in a commercial enterprise, business or service which, based on a determination by the POTW, discharges primarily segregated domestic wastes or wastes from sanitary conveniences and which is not a residential user or an industrial user.
(4)
INSTITUTIONAL USERAny establishment involved in a social, charitable, religious, or educational function which, based on a determination by the POTW, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
WATERS OF THE STATE
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.
YCUA
The Ypsilanti Community Utilities Authority.