Unless the context specifically indicates otherwise, the following terms shall have the following meanings as used in this chapter:
ACTFederal 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 NOne 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 REPRESENTATIVEWhen 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
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.
If the user is a partnership or proprietorship, a general partner or proprietor, respectively.
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.
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.
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 BMPAny 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.
BODBiochemical oxygen demand.
BOD5The 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).
BYPASSThe 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 DAYThe full twenty-four-hour period beginning at 12:00 midnight of a day and ending at 12:00 midnight of the following day.
CALENDAR MONTHThe 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 CHARGESThose 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 STANDARDAny 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).
CESSPOOLAn underground pit into which domestic waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.
CFRCode of Federal Regulations.
CITYThe 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 CSLA 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 POLLUTANTA 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 SCHEDULEA 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 SAMPLEA 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 WATERWater 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 MAXIMUMThe 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.
DAYSFor purposes of computing a period of time prescribed or allowed by this chapter, consecutive calendar days.
DEWATERINGThe 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.
DILUTETo weaken, thin down, or reduce the concentration of pollutants in wastewater.
DIRECTORThe Director (or Acting Director) of the Department of Public Services of the City or the Director's designees or authorized representatives.
DISCHARGEThe 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 WASTEGarbage 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 SEPTAGELiquid 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 SEPTAGEBiosolids 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 USERA user that discharges only segregated normal strength domestic waste into the POTW.
DOMESTIC WASTE or DOMESTIC WASTEWATERWastewater (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.
EFFLUENTWastewater or other liquid, partially or completely treated, flowing from a reservoir, basin treatment process, treatment plant, disposal facility or toilet device.
EGLEThe 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."
EPAThe United States Environmental Protection Agency.
EXCESSIVEAt 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 SOURCEAny source of discharge that is not a "new source" as defined by this chapter.
FATS or FOGFats, 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 SAMPLEA 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 SEPTAGEMaterial 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 FSEAny 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.
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 PERMITA 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 PRACTICESAny 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 SAMPLEAn 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 INTERCEPTORA 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 PUMPIn 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 SYSTEMThe 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 WASTEAny 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
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 WASTEAny waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANTAny 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 DOCUMENTA 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 USERAny 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.
INFILTRATIONAny 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.
INFLOWAny 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 LIMITThe 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 LIMITThe 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.
INTERFERENCEA 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
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 PLANTThe 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).
LEACHATEAny 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-PRODUCTAny 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;
Septage waste regulated under Part 117 of Act 451 of the Public Acts of Michigan of 1994, MCL § 324.11101 et seq., as amended;
Medical waste regulated under Part 138 of the Public Health Code, 1978 PA 368, MCL §§ 333.13801 to 333.13832;
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;
A liquid generated by a household;
A liquid regulated under 1982 PA 239, MCL §§ 287.651 to 287.683, as amended; or
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 LIMITA 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.
MACThe Michigan Administrative Code.
MAHL or MAXIMUM ALLOWABLE HEADWORKS LOADINGThe 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 LOADINGThe 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 WASTEIsolation 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/LMilligrams per liter.
MOBILE FOOD SERVICE UNITAny 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 AVERAGEThe 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 STANDARDAny 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 OUTLETAny naturally formed outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEW SOURCEA. 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;
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
The production 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.
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).
NH3-NSee definition of "ammonia nitrogen."
NONDOMESTIC USERAny 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 PERMITA 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 WASTEWATERAny 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 STRENGTHWith 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 PERMITA National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Act.
OBSTRUCTIONAnything 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 IMPROVEMENTAll 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.
OUTFALLThe point (or points) of discharge by a user to the POTW, approved by the Director and specified in a user permit.
OWNERThe 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-THROUGHA 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.
PERSONAny 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.
PFASPer- and polyfluoroalkyl substances.
PFOAPerfluorooctanoic acid.
PFOSPerfluorooctane sulfonate.
pHThe 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.
PHOSPHORUSThe 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 CODEThe 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.
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.
Properties of materials or characteristics of wastewater, including, but not limited to, pH, heat, TSS, turbidity, color, BOD, COD, toxicity, and odor.
Substances regulated by categorical standards.
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.
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.
POLLUTIONThe 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.
PREMISESA 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.
PRETREATMENTThe 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 REQUIREMENTAny substantive or procedural requirement imposed on a user related to pretreatment, other than a national pretreatment standard.
PRETREATMENT STANDARDAny 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 WASTEWATERAny 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 POTENTIALAs 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.
RELEASETo spill, leak, dump, pump, dispose, deposit, inject, place or abandon.
REPLACEMENTExpenditures 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 DWELLINGAny 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 SEPTAGESanitary 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 WASTEThe 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 TANKA 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 DAMAGESubstantial 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.
SEWERAny 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.)
COMMON SEWERA sewer in which all owners of abutting properties have equal rights.
FOOTING DRAINA private pipe or conduit which is placed around the perimeter of a building foundation and which intentionally admits groundwater.
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.
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.)
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.
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.
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.
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.)
SEWER SYSTEMA group of interacting sewers functioning as a whole that carries wastewater or drainage water.
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.
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 CHARGESThe 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 LATERALSee definition of "sewer" for definitions of private and public sewer services laterals.
SIGNIFICANT INDUSTRIAL USER or SIUA. Any user:
(1) Subject to categorical pretreatment standards; or
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);
Contributes a process waste stream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the KWRP; or
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.
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.
SLUDGEAccumulated solid material separated from liquid waste as a result of the wastewater treatment process.
SLUG DISCHARGEAny discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
SLUG LOADINGAny 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.
STATEThe 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.
STORMWATERAny 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.
SURCHARGEThe 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 SAMPLEA 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.
TKNThe 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 POLLUTANTAny 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.
TRASHAny 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;
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;
Newspapers, magazines, books, catalogs, or wastepaper;
Rags, clothing, disposable diapers, disposable wipes (including, but not limited to, baby wipes, personal hygiene wipes, and disinfecting wipes), and bedding;
Containers, wrappings, cans, bottles, jars, glass crockery, bags, and sacks; or paper, plastic, wood, or metal cartons, crates, boxes, or barrels;
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;
Machinery, equipment, vehicles, tires, appliances, plumbing fixtures, furniture, batteries, or pieces or parts thereof;
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
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 POLLUTANTSAny waste or wastewater proposed to be discharged to the POTW from a mobile source, including, without limitation, holding tank waste and septage waste.
UG/LMicrograms per liter.
UNPOLLUTED WATERWater 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.
UPSETAn 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.
USERAny 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 PERMITA nondomestic user permit or a general user permit.
WASTEWATERThe 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.
WATERCOURSEA channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATEAll 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.