§ 115-2. Definitions., Chapter 115. INDUSTRIAL PRETREATMENT REGULATIONS, Code of Ordinances, Rockwood

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. § 1251 et seq., as amended).

APPROVAL AUTHORITY

The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or an NPDES state without an approved state pretreatment program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

(1)

A responsible corporate officer, if the industrial user is a corporation. For the purpose of this subsection, a responsible corporate officer means:

(a)

A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policymaking or decisionmaking functions for the corporation;

(b)

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having 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 procedure.

(2)

By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively.

(3)

By a duly authorized representative of the individual designated in Subsections (1)(a) or (1)(b) of this definition if:

(a)

The authorization is made in writing by the individual described in Subsection (1)(a) or (1)(b);

(b)

The 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 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 control authority.

(4)

If an authorization under Subsection (3) of this section is no longer accurate because of 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 Subsection (3) of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C., usually expressed as a concentration [milligrams per liter (mg/l)].

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

CATEGORICAL STANDARDS

National categorical pretreatment standards or pretreatment standards.

CITY

The City of Rockwood or City Council.

CONTROL AUTHORITY

The city-owned treatment work if it has an approved program, or the approval authority until the publicly owned treatment works program is approved.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the state.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency. Where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of such Agency.

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.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INTERFERENCE

The inhibition or disruption or the POTW treatment processes or operations, which inhibition or disruption contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345), or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

MDEQ

The Michigan Department of Environmental Quality or its successor department or Agency.

MNREPA

The Michigan Natural Resources and Environmental Protection Act, MCLA 324.101 et seq., as amended.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and Cc) of the Act (33 U.S.C. § 1347), which regulation applies to a specific category of industrial users.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

NEW SOURCE

Any building, facility or structure, from which there is or may be a discharge and for which the construction commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act or 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; or

(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 or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

PASS THROUGH

A discharge which exits the POTW into waters of the state 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or other legal entity, or his, her or its legal representatives, agents or assigns.

pH

The logarithm (base ten) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION

Man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW

A publicly owned treatment works as defined below.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination 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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR, Section 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW also includes any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the city, users of the city's POTW.

SIGNIFICANT INDUSTRIAL USER

Except as provided in Subsection (3) of this section, the term significant industrial user means:

(1)

A user subject to a categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; or

(2)

Any other industrial user that:

(a)

Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

(b)

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

(c)

Is designated as such by the City of Rockwood as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).

(3)

Upon a finding that a user meeting the criteria in Subsection (2)(b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City of Rockwood may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

SIGNIFICANT NONCOMPLIANCE

An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(1)

Chronic violations of any numerical limits placed on wastewater discharge, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum numerical limit or the average numerical limit for the same pollutant parameter.

(2)

Technical review criteria (TRC) violations, defined here as those 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 daily maximum numerical limit or the average numerical limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).

(3)

Any other violation of a numerical pretreatment effluent limitation (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of treatment plant personnel or the general public).

(4)

Any discharge of a pollutant has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the treatment plant's exercise of its emergency authority to halt or prevent such a discharge.

(5)

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a 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, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

(7)

Failure to accurately report noncompliance.

(8)

Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

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.

SUPERINTENDENT

The person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act or under any other act.

UPSET

An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

USER

Any person who contributes, or causes or permits the contribution of, wastewater into the city's POTW.

WASTEWATER

Liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings and industrial facilities and institutions, together with groundwater, surface water or stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER DISCHARGE PERMIT

Has the meaning set forth in § 115-12.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and 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.

	BOD	Biochemical oxygen demand
	CFR	Code of Federal Regulations
	COD	Chemical oxygen demand
	EPA	Environmental Protection Agency
	l	Liter
	mg	Milligrams
	mg/l	Milligrams per liter
	NPDES	National Pollutant Discharge Elimination Systems
	POTW	Publicly owned treatment works
	SIC	Standard Industrial Classification
	SWDA	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
	USC	United States Code
	TSS	Total suspended solids