§ 82-106. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Federal Water Pollution Control Act, as amended (Pub. L. 92-500, 86 Stat. 816 et seq., 33 USC 1251 et seq.). Specific reference to sections within the Act will be according to Pub. L. 92-500 notation.

Administrator means the administrator of the Environmental Protection Agency or any employee of the agency to whom the administrator may by order delegate the authority to carry out his functions, or any person who shall by operation of law be authorized to carry out such functions.

Analytical methodology means the "Guidelines Establishing Test Procedures for the Analysis of Pollutants," 40 CFR 136, as amended, or the procedure described in article III, section 6(2).

BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius, expressed in milligrams per liter.

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge 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.

Cesspool, septic tank, privy means an individual system for the disposal of sanitary sewage other than to a public sewer.

Class of users means the division of sanitary sewer dischargers into classes by similar process or discharge flow characteristics as follows:

(1)

Domestic user means a user that discharges only segregated domestic wastes or wastes from sanitary conveniences.

(2)

Major user means any nondomestic user that discharges more than 25,000 gallons per average workday to the public sewer or the POTW.

(3)

Nondomestic user means any user other than domestic.

COD means the total demand or quantity of oxygen required by the sewage as specified in the current edition of "Standard Methods For the Examination of Water and Waste Water," expressed in milligrams per liter.

Collection system means all of the common sanitary sewers of a municipality which are primarily installed to receive wastewater directly from point sources, for transmission to the POTW.

Compatible pollutant means any pollutant that is not an incompatible pollutant.

Construction means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises.

Contractee means a party to a service agreement with the DPW board.

County means the County of Muskegon, Michigan.

County board means the county board of commissioners.

County director means the director of wastewater management system of the county or the authorized deputy, agent or representative, as appointed by the county board of public works.

Daily average means the sum of the concentrations of a constituent for the measurement period divided by the number of days in such period.

Director/superintendent means the person designated by the municipality or its authorized agency, to exercise control over its municipal sewers, collection and transmission system.

DPW board means the county board of public works.

Effluent limitation means any restriction promulgated by federal, state or local government on quantities, rates and concentrations of chemical, physical, biological or other constituents which are discharged from point sources into navigable waters.

Effluent standard means any restriction established pursuant to this article on quantities, rates and concentrations of chemical, physical, biological or other constituents which are discharged to the public sewer or the POTW.

Existing source means any source which is not a new source.

FCPS means federal categorical pretreatment standards.

Garbage means solid wastes from domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Incompatible pollutant means any pollutant in amounts which cause interference.

Industrial wastes means the liquid or gaseous wastes resulting from industrial or manufacturing processes, trade or business or from the development, recovery or processing of resources or containers as distinct from segregated domestic strength wastes and wastes from sanitary conveniences.

Infiltration means any waters entering the system from the ground through such means as, but not limited to, defective pipes, pipe joints, connection or manhole walls, but shall not include, and is distinguished from inflow.

Infiltration/inflow (I/I) means the total quantity of water from both infiltration and inflow.

Inflow means any water 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.

Inspector means any person authorized by the municipality to inspect and approve the installation of building sewers and their connection to the public sewer system.

Interference means inhibition or disruption of the public sewer or the POTW sewer system or the POTW's treatment processes or operation which causes or significantly contributes to a violation of any requirement of the POTW's NPDES permits. The term also includes prevention of sewage sludge use or disposal by the POTW in accordance with published promulgated regulations under section 405 of the Act or any regulations promulgated pursuant to the Solid Waste Disposal Act (42 USC 3251 et seq.), the Clean Air Act (42 USC 7401 et seq.), the Toxic Substances Control Act (15 USC 2601 et seq.), or more stringent state promulgated rules (including those contained in any state sludge management plan prepared pursuant to title IV of the Solid Waste Disposal Act) applicable to the method of disposal or use employed by the POTW. Pollutants in the effluent of a user shall not be considered to cause interference where the user is in compliance with specific prohibitions, standards, effluent standards or effluent limitations developed by the federal government, the state, local government or the POTW. Where the user is in compliance with such specific prohibitions, standards or limitations, and pollutants in the sewage from the user nevertheless caused or significantly contributed to a violation of any requirement of the POTW's NPDES permits, and are likely to cause such a violation in the future, the POTW must take appropriate action under 40 CFR 403.5(c).

Manufacturer means any establishment engaged in the mechanical, physical or chemical transformation of materials or substances into new products including, but not limited to, the blending of materials such as pesticidal products, resins, or liquors.

MDNR means the state department of natural resources, or its successor.

mg/l means milligrams per liter.

Municipality means a city, village, township or other public body (excluding the county) created under state law, having jurisdiction over disposal of sewage, industrial waste or other waste.

Muskegon County Wastewater Management System (MCWWMS) means the Muskegon County Wastewater Management System Number One, which includes the facilities commonly referred to as the "Whitehall - Montague" site.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

New source means any source, the construction of which is commenced after the publication of proposed regulations prescribing a categorical pretreatment standard under section 307(c) of the Act which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the federal register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

Normal strength sewage means a sanitary wastewater flow containing an average daily BOD of not more than 250 mg/l or an average daily SS concentration of not more than 250 mg/l, and phosphorus of not more than ten mg/l.

NPDES permit means a permit issued pursuant to the National Pollution Discharge Elimination System for the discharge of wastewater into the waters of the state.

Organic chemicals means compounds composed of carbon and hydrogen or their derivatives which are manmade or byproducts of manmade or natural substances which include, but are not limited to, synthetic fibers, plastics, rubber, medicinals, solvents, surface-active agents, pesticides, and other agricultural chemicals and lubricating oil additives or other petroleum derivatives.

Person means any individual, firm, company, association, society, corporation, partnership or group, and including a contractee.

pH means the negative logarithm of the concentration of hydrogen ions in grams per liter of solution.

POTW means the treatment works, as defined by section 212 of the Act, which are owned by the county. The term also means the DPW board or its authorized representative.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in sewage to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the public sewer or the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d) and (4), as amended.

Process wastes means liquid or water-carried wastes which are inherent to or resulting from any manufacturing operation, including that which comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product, or results from cleaning operations.

Replacement means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed.

Sanitary sewage means the liquid, gaseous or water-carried waste discharged from sanitary conveniences.

Sewage means a combination of water-carried liquid and gaseous wastes from any source, including domestic and nondomestic, as well as groundwater, surface water and stormwater as may be present.

Sewer means a pipe or conduit that carries wastewater or drainage water. See the following definitions modifying the word "sewer":

(1)

Building sewer means the extension from the building drain to a lateral sewer, private sewer, public sewer or other place of disposal.

(2)

Combined sewer means a sewer intended to receive both wastewater and stormwater or surface water.

(3)

Common sewer means a sewer in which all owners of abutting properties have equal rights.

(4)

County sewer means a public sewer controlled by the county.

(5)

Intercepting sewer means a sewer that receives dry weather flow from a number of transverse sewers or outlets and frequently additional predetermined quantities of stormwater (if from a combined system), and conducts such water to a point for treatment or disposal.

(6)

Lateral sewer means a sewer which is designed to receive a building sewer.

(7)

Private sewer means that section of a sewer owned by a nondomestic user which connects that user to the public sewer and which typically extends from such point of connection upstream to the user's lateral sewers or to a lift station or other outlet owned by the user.

(8)

Public sewer means a common sewer controlled by a governmental agency or public utility.

(9)

Sanitary sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of groundwater, stormwater, and surface water that are not admitted intentionally.

(10)

Storm sewer means a sewer that carries stormwater and surface water, street wash and other wash waters, or drainage, but excludes domestic wastewater and industrial wastewater. A storm sewer is also called a storm drain.

(11)

Trunk sewer means a sewer which connects the lateral sewer to the intercepting sewer and to which building sewers may be connected.

Shall is mandatory; may is permissive.

Slug or shockload means any discharge of sewage or industrial waste which, in concentration of any given constituent or in quantity of flow causes interference.

Source means any building, structure, facility, vehicle or installation from which there is or may be the discharge to the public sewer or the POTW.

State director means the executive secretary of the state water resources commission.

Storm drain or storm sewer means a sewer intended to carry only stormwaters, surface runoff, street wash waters, and drainage.

SS (suspended solids) means solids that either float on the surface of, or in suspension in, sewage and which can be removed by the procedures specified in the current edition of "Standard Methods for the Examination of Water and Wastewater."

Thirty-day average concentration means, for other than fecal or total coliform bacteria, the sum of the concentrations of the individual samples divided by the number of samples taken during a calendar month. The 30-day average concentration for fecal or total coliform bacteria is the geometric mean of the samples collected in a calendar month.

Toxic or toxic pollutant means chemicals described in section 82-187(6)p.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards or the county discharge limits 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, lack of preventive maintenance or careless or improper operation.

USEPA means the United States Environmental Protection Agency or its successor.

User means a source (including a section 307 source) and the municipality whose collection system discharges into the POTW.

Waste component means any constituent of sewage other than water including, but not limited to, BOD, SS, other soluble and insoluble matter and phosphate concentrates.

Working day means the hours during a calendar day in which a user discharges effluents subject to this article.

WRC means the state water resources commission or its successor.

(Code 1965, § 2.51)

Cross reference

Definitions generally, § 1-2.