[Adopted Ord. No. 356[1]]
[1]
Editor's Note: This ordinance repealed former Art. III, Sewer
Department; Rates and Charges, adopted 3-27-1990 by Ord. No. 204,
as amended.
This article may be known and cited as the "Village of New Haven
Revised Sewer Rate Ordinance."
This article is adopted pursuant to Public Acts: 3 of 1895,
94 of 1933, 233 of 1955, and 34 of 2001, as amended.[1]
[1]
Editor's Note: See MCLA §§ 61.1 et seq., 141.101
et seq., 124.281 et seq. and 141.2101 et seq., respectively.
The article's legislative findings and purposes, as determined
by the Village Council, are as follows:
A.
The Village has acquired/constructed sanitary sewers and appurtenances
in various areas of the municipality for the collection, transportation,
and disposal of sewage.
B.
By contracts entered into pursuant to Act 342, Public Acts of 1939,[1] as amended, between the Village and Macomb County, through
its Public Works Commissioner, certain sanitary sewers and appurtenances
have been constructed in the Village as part of the Macomb County
Wastewater Disposal Districts. These sanitary sewers and facilities
are operated and maintained by the Village for, and on behalf of,
the county pursuant to these contracts.
[1]
Editor's Note: See MCLA § 46.171 et seq.
C.
Pursuant to these sewer contract terms, the Village has issued revenue
bonds which are supported by system users.
D.
Act 94, Public Acts of 1933,[2] as amended, authorizes public corporations to purchase,
acquire, contract, improve, extend, repair, and maintain sewage disposal
systems, and to impose and collect charges, fees, rentals or rates
for the services, facilities, and commodities furnished by such improvements,
and to issue bonds in anticipation of related revenues.
[2]
Editor's Note: See MCLA § 141.101 et seq.
A.
For purposes of this article, the following rules of construction
apply: 1) present tense words include the future tense; 2) singular
words include the plural, unless the context clearly indicates the
contrary; 3) the term "shall" is always mandatory and not discretionary;
4) the word "may" is permissive; and 5) a word or term not interpreted
or defined by this article shall be used with its common meaning or
standard utilization.
B.
BUILDING
COMMERCIAL USER
CONTRACTUAL OBLIGATIONS
DEPARTMENT
DRAINAGEWATER
DRAINAGEWATER SYSTEM
GOVERNMENTAL USER
INDUSTRIAL SEWAGE or INDUSTRIAL WASTE
INDUSTRIAL USER
INSTITUTIONAL USER
MUNICIPALITY
NORMAL DOMESTIC SEWAGE (NDS)
OCCUPATIONAL USE
OPERATION AND MAINTENANCE COSTS
PERSON
PREMISES
RECURRING RATES AND CHARGES
REPLACEMENT COSTS
RESIDENTIAL USER
SANITARY SEWAGE
SANITARY SEWER or SEWER
SEWER DEBT CHARGE
SEWER SERVICE CHARGE
SINGLE-FAMILY DWELLING UNIT or DWELLING UNIT
SUPERINTENDENT
SYSTEM
USER
USER CHARGE
VILLAGE COUNCIL
WASTEWATER or SEWAGE
WASTEWATER SYSTEM or SEWER SYSTEM
Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
Any structure, and includes, but is not limited to, a dwelling
unit, which requires a means of disposing wastewater.
Any establishment, listed in the Office of the Management
and Budget's Standard Industrial Classification Manual (SICM), involved
in a commercial enterprise, business or service which, based on a
determination by the Village, discharges primarily segregated domestic
wastes or wastes from sanitary conveniences and which is not a residential
user or an industrial user.
Payments required to be made by the Village of New Haven
to Macomb County pursuant to sewer contract provisions which exist
between the parties for financing system improvements under Act 342,
Public Acts of 1939,[1] as amended.
The Village Sewer Department charged with operating and maintaining
the wastewater system.
Water resulting from rainfall, runoff, or other nonsanitary
sewer origins.
Any part, or all of, the property, structures, equipment,
sewers, materials, and/or appurtenances used in conjunction with stormwater,
runoff, or other nonsanitary sewer drainage collection and/or disposal.
Any federal, state, or local government user of the wastewater
treatment works.
Any liquid containing waterborne process wastes from industrial/commercial
sources.
Any user who discharges industrial wastes as defined in this
article.
Any establishment listed in the SICM, involved in a social,
charitable, religious, or educational function which, based on a determination
by the Village, discharges primarily segregated domestic wastes or
wastes from sanitary conveniences.
The Village of New Haven, Macomb County, Michigan.
Wastewater which, when analyzed, shows a daily average concentration
of not more than 275 mg/l of BOD, nor more than 350 mg/l of suspended
solids, nor more than 12 mg/l of phosphorus, nor more than 100 mg/l
of fats, oil and grease.
Use of the wastewater system by all commercial users, industrial
users, and institutional users, except those involved in educational
functions.
Direct and/or indirect costs, other than debt service, necessary
to ensure adequate wastewater collection and treatment in conformance
with related federal, state, and local requirements. Such costs include
replacement costs and payments made to other agencies for wastewater
disposal.
Any individual, firm, company, association, society, corporation,
or other legal entity. This includes firms, joint ventures, partnerships,
corporations, clubs, and all associations or organizations of natural
persons, incorporated or unincorporated, howsoever operating or named,
and whether acting by themselves or by a servant, agent or fiduciary,
and includes all legal representatives, heirs, successors and assigns,
etc.
A real estate parcel owned by a person served as a single
user by a wastewater disposal outlet. Each mobile home park is considered
separately as a premises.
Sewer use rates and any other rates and charges hereinafter
established, or established by resolution of the Village Council,
which are payable in installments or on a recurring basis.
Expenditures for obtaining and installing replacement equipment,
accessories, or appurtenances necessary to maintain the existing sewer
system's capacity and performance.
A treatment works/wastewater system user whose premises or
buildings are used primarily as a domicile for one or more persons,
including dwelling units such as detached, semidetached and rowhouses,
mobile homes, apartments, or permanent multifamily dwellings. Transit
lodging is not included in this definition; it is considered commercial.
Usual domestic sewage or equivalent sewage, not including
industrial sewage as herein defined, from all sources.
A pipe or conduit that carries sanitary sewage.
Wastewater charges levied on customers which are used to
pay principal, interest, and administrative costs of retiring the
debt incurred for construction of the wastewater system.
The sum of the applicable user charge, surcharges, and debt
service charges.
Any structure or part of any structure containing within
its separate confines all necessary facilities for use as a dwelling
for human habitation, and including, but not necessarily limited to,
a single-family home, a dwelling unit within a multiple-unit housing
structure (apartment, condominium), and a mobile home (trailer coach,
manufactured housing unit).
The person appointed by the Village of New Haven to manage
the Sewer Department.
The wastewater system.
The premises owner and/or occupant connected to and/or using
any of the facilities operated by the Sewer Department.
A charge levied on users of a treatment works/wastewater
system for the cost of operation and maintenance of sewerage works
pursuant to Section 204(b) of PL 92-500[2] and includes the cost of replacement.
The Village Council, Village of New Haven, Macomb County,
Michigan.
Spent water, which may be a combination of liquid and water-carried
wastes from residences, commercial buildings, industrial plants, institutions,
or other land uses, including drainagewater inadvertently present
in the wastewater.
Any part, or all of, the property, structures, equipment,
sewers, materials, and/or appurtenances used in conjunction with wastewater
collection and/or disposal.
A.
Operation. The system's operation, maintenance, alteration, repair,
and management shall be supervised and controlled by the Village Council.
The Village Council may employ a Sewer Department Superintendent to
manage the Department and such other person (or persons) it deems
advisable to carry on the maintenance and operation of the Department.
B.
Revenue allocation.
(1)
All system revenues shall be deposited in a qualified depository
designated by the Village Council and in an account designated as
the "Sewage Disposal System Receiving Fund" (hereinafter "Receiving
Fund"). Receiving Fund revenues shall be allocated semiannually to
other funds as follows:
(a)
Operation and Maintenance Fund. Funds sufficient to pay anticipated
expenses of operation, maintenance, and administration of the system
for the next six months shall be first allocated from the Receiving
Fund and deposited in a separate account designated the "Operation
and Maintenance Fund." All operation and maintenance charges collected
shall be placed into this account. Charges imposed by Macomb County
for sewage treatment and disposal through the Great Lakes Water Authority
and/or the City of Detroit shall be considered operational expenses
and an amount sufficient to pay these charges and rates during the
applicable period shall also be placed into this fund.
[1]
The Village shall ensure that wastewater system rates and charges
are sufficient to cover the wastewater system's operation and maintenance
costs.
(b)
Bond Retirement Fund. After allocating funds from the Receiving
Fund to the Operation and Maintenance Fund, a "Bond Retirement Fund"
shall be established with funds remaining in the Receiving Fund. Funds
deposited in the Bond Retirement Fund shall be used solely for the
payment of principal and interest on outstanding bonds sold for the
construction, installation, and/or improvement of the wastewater system.
The Village Council shall deposit sufficient sums in the Bond Retirement
Fund to meet principal and interest obligations of outstanding bonds
due during the ensuing six-month period.
(c)
Contractual Obligations Fund. After allocating funds from the
Operation and Maintenance and Bond Retirement Funds, there shall next
be established and maintained a separate account designated "Contractual
Obligations Fund" from funds remaining in the Receiving Fund. Funds
deposited in the Contractual Obligations Fund shall be used to pay
contracts entered into by the Village for wastewater system construction
and improvements under Act 342, Public Acts of 1939,[1] as amended, due in the ensuing six months.
[1]
Each year in September, the Village Council shall determine
whether the Contractual Obligations Fund contains sufficient monies
to meet the Village's contractual obligations due during the ensuing
year. If the Village Council determines that the monies in the fund
will be insufficient to meet obligations, then the Village shall increase
user rates in an amount sufficient to pay these obligations in full.
Money on hand in the Contractual Obligations Fund shall be used solely
for the Village's contractually obligated payments to improve the
wastewater system.
[1]
Editor's Note: See MCLA § 46.171 et seq.
(d)
Reserve Fund. After the semiannual transfers from the Receiving
Fund to the Operation and Maintenance, Bond Retirement, and Contractual
Obligations Funds, 50% of monies remaining in the Receiving Fund at
the end of each fiscal year shall be transferred to an account designated
as the "Reserve Fund." Monies deposited in the Reserve Fund may not
accumulate above an amount equal to: the total of all principal and
interest payments which will become due on outstanding bonds and all
contractual payments which will become due on contractual obligations
during the next two years. Reserve Fund monies may be used to pay
current bond obligations and current contractual obligations in years
when the Receiving Fund does not have sufficient monies to fund the
necessary money transfers to the Bond Retirement and Contractual Obligations
Funds.
(e)
Surplus Fund. Monies remaining in the Receiving Fund at the
end of any operating year, after transfers to the Operation and Maintenance,
Bond Retirement, Contractual Obligations, and Reserve Funds may be
transferred to an account designated the "Surplus Fund." Surplus Fund
monies may be applied by the Village to the next year's operation,
maintenance, and replacement expenses.
(2)
All system revenues may be kept in one bank account. In such event,
the allocation of monies under this section shall be entered on the
Village's accounting records.
C.
Insufficient funds. In the event the Receiving Fund contains insufficient
monies to provide for Operation and Maintenance Fund requirements,
the rates charged for operation and maintenance shall be adjusted
to provide for sufficient revenue. If the Receiving Fund contains
insufficient revenue for the Bond Retirement or Contractual Obligations
Funds, any monies in the Reserve Fund shall be transferred, first,
to the Bond Retirement Fund, and second, to the Contractual Obligations
Fund.
D.
Investments. System funds may be invested in accordance with applicable
state statutes and limitations. Income received from such investments
shall be credited to the Receiving Fund.
E.
Additional contracts. Nothing contained in this article shall be
construed to prevent the Village from entering into additional contracts
with the county under Act 342, Public Acts of 1939,[2] as amended, for the acquisition, construction, and financing
of additions, extensions, and improvements to the system, and the
use of system revenues for the payment of additional obligations incurred
under these contracts.
[2]
Editor's Note: See MCLA § 46.171 et seq.
F.
Annual statements and audits. All accounting for revenues generated
by the system shall be based on a fiscal year commencing April 1 and
ending March 31. The Village shall maintain and keep accounting and
record books which shall contain full and correct entries of all wastewater
system transactions. Within three months after the end of each fiscal
year, the Village shall prepare (or have prepared) a statement showing
the system's cash income and disbursements at the beginning and end
of the fiscal year. The statement shall also contain any and all information
necessary to enable any person to be fully informed about the system's
fiscal operation during each applicable year. Each annual statement
shall be filed in the Clerk's office and open to public inspection.
All system record books and accountings shall be audited annually
by a certified public accountant to be designated by the Village Council.
A certified copy of each audit shall be filed with the Clerk.
A.
Sewer use rate. Except as otherwise provided, sewage disposal service
provided by the wastewater system shall be paid by the owner or occupant
of each lot or parcel of land, building, or premises connected to
the wastewater system. Charges shall be based on the water meter readings
for the water used. The monthly sewage use rates shall be as follows:
(1)
The commodity charge shall be $4.26 per 1,000 gallons.
(2)
The monthly billing charge shall be $2.08.
(3)
The monthly sewer debt charge shall be $33.16.
(4)
No free service shall be furnished to any person, any public agency,
or any department of any public agency.
(5)
Nonresidential user discharging waste. In addition to the commodity, billing, and debt charges, any nonresidential user discharging waste into the wastewater system shall pay a monthly nonresidential monitoring charge as set forth below in Subsection A(5)(a). This charge will be used to pay for the nonresidential monitoring expenses of the Great Lakes Water Authority and/or the City of Detroit. These charges shall be revised to reflect any look-back adjustment. For purposes of this section, the term "nonresidential" shall mean all users of the system excepting those users having a meter which services solely residential users regardless of the number of the dwelling units served by such meter or which are used for fire protection purposes only.
(a)
The Village shall ensure that nonresidential monitoring charges
are sufficient to cover the nonresidential monitoring expenses of
the Great Lakes Water Authority and/or the City of Detroit. The charge
shall also be comprised of a 10% administration fee.
(6)
Any user discharging the following high-strength wastes shall be
charged the following high-strength surcharges. These charges shall
be revised to reflect any look-back adjustments.
Waste
|
Surcharge
(per pound)
|
---|---|
BOD
|
$0.147 (above 275 mg/l)
|
SS
|
$0.092 (above 350 mg/l)
|
P
|
$0.807 (above 12 mg/l)
|
Fats, oil, and grease
|
$0.130 (above 100 mg/l)
|
(7)
The above charges are user charges to pay the operation, maintenance,
and replacement of the sewage works, and they are the same for customers
located inside or outside the Village, and the equality of rates shall
exist in any future modifications.
(8)
Annual notification. All customers of the Village's wastewater system
will receive an annual notification, posted on the Village's website,
which will show the breakdown of the sewer bill into its components
for operation, maintenance, replacement, and debt retirement.
(9)
Charges under this article for dwelling units other than single-family
residences (i.e., multiple-unit housing and mobile homes) shall be
based upon the number of dwelling units per premises, each at the
charges established above. No separate charge will be applied to the
master meter installed at such premises.
B.
Sewer connection inspection fee. In addition to all other charges
provided in this article, each premises connecting to the wastewater
system shall pay a $25 inspection fee for tapping of each sewer service
pipe to a public sanitary sewer. This charge shall be paid in full
when the building permit application is made. The applicant shall
pay all sewer connection and related construction costs.
C.
Sewer connection fee.
(1)
In addition to all other charges provided in this article, each premises
connecting to the wastewater sewer system shall pay a $1,200 sewer
connection fee. This fee shall be paid in full when the building permit
application is made. The sewer connection fee shall be considered
payment of the applicant's fair share of major capital improvements
to the wastewater system.
(2)
For any occupational use other than residential uses (which includes
industrial, commercial, and institutional users, except where prohibited
by law), the sewer connection fee shall be multiplied by tap units
based on the amount of metered water expected to be used. A single
unit shall be considered the annual use of 50,000 gallons of metered
water. The applicant shall pay a sewer connection fee equal to the
fee per tap unit times the number of tap units of expected annual
water demand for each occupational use as set forth in the Schedule
of Sewer Tap Unit Factors provided below in this article.
D.
Drainagewater system connection inspection fee (sump line). In addition
to all other charges provided in this article, each premises connecting
to the drainagewater system shall pay a drainagewater system connection
inspection fee as provided for by the Village for inspection of each
building service drain connection to the drainagewater system. This
charge shall be paid in full when the building permit application
is made. The applicant shall pay all drainagewater system connection
and related construction costs.
E.
Construction inspection charges.
(1)
Any person constructing additions, repairs, extensions, or improvements
to the drainagewater system and/or wastewater system shall request
inspection of such construction by the Village and shall pay to the
municipality the inspection costs as determined by the Village of
New Haven.
(2)
No additions, repairs, extensions, or improvements in the drainagewater
and/or wastewater system shall be accepted for final connection to
the system until the inspection costs are paid in full.
F.
Schedule of Sewer Tap Unit Factors.
(1)
The following Table of Sewer Tap Unit Factors shall determine the
number of tap units to be used for a specific occupational use in
determining the sewer connection fee for occupational uses other than
residential use.
Occupational Use
|
Sewer Tap Unit Factor
| ||
---|---|---|---|
Single-family residential
|
1.00 per dwelling
| ||
Auto dealers
|
0.20 per 1,000 square feet
| ||
Bakeries (excluding shops)
|
1.50 per 1,000 square feet
| ||
Banquet halls
|
0.50 per 1,000 square feet
| ||
Barbershops
|
1.00 per 1,000 square feet
| ||
Bars
|
2.50 per 1,000 square feet
| ||
Beauty shops
|
2.00 per 1,000 square feet
| ||
Boarding schools
|
0.25 per bed
| ||
Bowling alleys (no bars, lunch facilities)
|
0.20 per 1,000 square feet
| ||
Car wash:
| |||
a.
|
Manual, do-it-yourself
|
1.50 per stall
| |
b.
|
Semiautomatic (mechanical without conveyor)
|
7.50 per stall
| |
c.
|
Automatic with conveyor
|
20.00 per lane
| |
d.
|
Automatic with conveyor, conserving and recycling water
|
5.00 per lane
| |
Churches (no office, school, kitchen)
|
0.10 per 1,000 square feet
| ||
Cleaners (pickup only)
|
0.50 per 1,000 square feet
| ||
Cleaners (pressing facilities)
|
1.50 per 1,000 square feet
| ||
Clinics or offices:
| |||
a.
|
Medical
|
1.00 per 1,000 square feet
| |
b.
|
Dental
|
1.50 per 1,000 square feet
| |
Convalescent and/or nursing homes
|
0.30 per bed
| ||
Convents
|
0.20 per bed
| ||
Country clubs (plus complementary facilities)
|
1.00 per 1,000 square feet
| ||
Drugstores
|
0.50 per 1,000 square feet
| ||
Factories
|
0.50 per 1,000 square feet
| ||
Fraternal organizations
|
0.50 per 1,000 square feet
| ||
Funeral homes, including 1 residence
|
2.00 per funeral home
| ||
Grocery stores and supermarkets
|
0.75 per 1,000 square feet
| ||
Health clubs
|
2.30 per 1,000 square feet
| ||
Hospitals
|
1.20 per bed
| ||
Hotels and/or motels (exclusive of swimming pools, bars, restaurants,
etc.)
|
0.25 per room
| ||
Efficiency units
|
0.50 per room
| ||
Laundry (self-service)
|
0.50 per washer
| ||
Meat markets and produce
|
1.00 per 1,000 square feet
| ||
Mobile home parks
|
1.00 per mobile home
| ||
Multiple-family residence
|
1.00 per unit
| ||
Office buildings
|
0.50 per 1,000 square feet
| ||
Public institutions, schools, government offices, etc.
|
0.50 per 1,000 square feet
| ||
Racquet/tennis clubs (no bars/restaurants)
|
0.80 per court
| ||
Restaurants:
| |||
a.
|
Conventional type
|
2.50 per 1,000 square feet
| |
b.
|
Quick-service franchise type, without dishes, dealing mainly
in hamburgers, with or without eating in building (includes, but not
necessarily limited to: McDonalds, Wendy's, and Burger King)
|
8.00 per restaurant
| |
c.
|
All other restaurants (includes, but not necessarily limited
to: drive-ins, snack bars, carry-outs, such as fried chicken, pizzas
and donut shops, could have some eating in building, all without dishes)
|
2.00 per restaurant
| |
Rooming houses (no meals)
|
0.25 per room
| ||
Service stations
|
1.00 per 1,000 square feet
| ||
Stadiums (closed)
|
0.01 per seat
| ||
Stadiums (open)
|
0.008 per seat
| ||
Stores (other than specifically listed)
|
0.50 per 1,000 square feet
| ||
Summer camps
|
0.10 per bed
| ||
Swimming pools with bathhouses (residential excluded)
|
3.00 per 1,000 square feet
| ||
Theaters (drive-in)
|
0.012 per car space
| ||
Theaters (indoor)
|
0.008 per seat
| ||
Warehouses
|
0.10 per 1,000 square feet
| ||
All others
|
0.50 per 1,000 square feet
|
(2)
When the unit factor in the above table refers to square feet, it
shall mean the gross floor area of the building measured from outside
of wall to outside of wall on each floor of the building, including
any basement area, if used for any purpose, except as a storage, furnace,
and/or air-conditioning equipment room.
(3)
The total number of units assigned to a particular usage on a single
premises (defined as a single use by a single lessee or owner), as
computed from the above table, shall be a whole number and any fractional
portion remaining equal to 0.5 of one unit or more shall be rounded
up to the next higher whole number. In any event, a minimum of 1.00-unit
factor shall be charged.
G.
Billing charges. Billing charges for sewage disposal service shall
be collected monthly. Bills shall become due and payable when received
and, if not paid by the due date, a 10% penalty shall be added thereto.
H.
Late penalty bills shall become due and payable when received and,
if not paid by the due date, a 10% penalty shall be added thereto.
I.
Enforcement.
(1)
All sewage charges shall constitute a lien on the property serviced.
If charges are not paid within 30 days after the due date of the bill,
the Village shall place the amount owed on the next general tax roll
to be collected as a part of the general municipal taxes.
(2)
The Village shall have the right to shut off and discontinue the
supply of water to any premises for the nonpayment, when due, of sewage
disposal charges or other recurring charges.
(3)
The Village shall charge a $30 fee for both water supply shutoff
and resumption when a user requests a periodic or seasonal shutoff
and resumption of water supply.