[Ord. No. 008-2,[1] § 1, 6-9-2008]
This article shall be known as the "Sewage Disposal System Ordinance:
Rates, Usage, Regulations, Mandatory Connection and Enforcement."
[1]
Editor's Note: This ordinance also replaced former Art.
II, Sewage Disposal System, adopted 3-11-1993 by Ord. No. 93-2, §§ 1,
3, 4(A) through (R), 5 through 12, and App. A.
[Ord. No. 008-2, § 2, 6-9-2008]
It is hereby determined to be desirable and necessary for the
public health, safety, and welfare of the Village being served with
public sewer service by the Gull Lake Sewer and Water Authority under
Act 233 of 1955, as amended, Act 185 of 1957, as amended, and Act
7 of 1967, as amended, and in accordance with the provisions of Act
94, Public Acts of Michigan, 1933, as amended, and of existing agreements
between the parties, to establish an ordinance to regulate the construction,
operation and maintenance of the sanitary sewer system.
[Ord. No. 008-2, § 3, 6-9-2008]
Management, operation and maintenance. The management, operation
and maintenance of the system shall be under the supervision and control
of the Gull Lake Sewer and Water Authority. The Gull Lake Area Sewer
and Water Authority, in performing all of its duties and obligations
hereunder and pursuant to the aforementioned contract, is acting as
agent for the Village. In this regard, the Authority may employ such
person or persons in such capacity or capacities as it deems advisable
and may make such rules, orders and regulations as it deems advisable
and necessary to assure the efficient establishment, maintenance and
collection of rates and charges, and to assure the efficient management
and operation of the system.
[Ord. No. 008-2, § 4, 6-9-2008]
Unless the context specifically indicates otherwise, the meaning
for terms used in this ordinance shall be as follows:
Subordinate related building(s), less than the size of the
main building except as to stables, barns, or other agricultural building(s),
use of which is incidental to the use of the main building.
The Gull Lake Sewer and Water Authority, acting as agent
for the Village.
The governing body of the Authority under Act 233 of 1955,
as amended, created by the Townships of Richland, Ross, Barry and
Prairieville.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter (mg/l).
The extension from the building to the public sewer or other
accepted place of disposal.
The division of sanitary sewer customers into classes by
similar process or discharge flow characteristics as follows, as required
by EPA:
RESIDENTIAL USERAny individual home or dwelling unit, including accessory building(s), mobile homes, apartments, condominiums, and multifamily dwelling units, etc., that discharges only segregated waste or wastes from sanitary conveniences.
COMMERCIAL USERAny retail or wholesale business engaged in selling merchandise or a service that discharges only segregated domestic waste from sanitary conveniences.
INSTITUTIONAL USERAny educational, religious or social organization such as a school, church, nursing home, hospital or other institutional user that discharges only segregated domestic waste or wastes from sanitary conveniences.
GOVERNMENTAL USERAny federal, state, or local government office of governmental facility that discharges only segregated domestic waste or wastes from sanitary conveniences.
INDUSTRIAL USERAny user of the system which is identified in the Standard Industrial Classification Manual, 1972, under divisions A, B, D, E, or I, excluding those users already identified in one of the other classes. A user may also be excluded from the "industrial user" class if it is determined that such user will discharge only segregated domestic strength wastes or wastes from sanitary conveniences. Appendix A shall apply in determining connection charges and user charges of all of these "classes of users".
A sewer receiving both surface runoff and sewage.
A fee charged for use of the system based upon a measured
amount of water as measured by a water meter or sewer meter on the
premises or as estimated based upon past readings of the meter, set
from time-to-time by the municipality pursuant to recommendation of
the Authority.
[Added 1-13-2014 by Ord. No. 014-1]
Those pollutants which the wastewater system is or may be
designed to produce or remove from wastewater in accordance with its
NPDES permit.
The amount charged at the time, and in the amount hereinafter
provided, to each house, building, or structure in which sanitary
sewage originates per MCL 333.12751, which requires a connection to
the sanitary sewer as per this article. The charge is based upon the
proportionate cost allocable to the use of such trunkage and treatment
facilities associated with providing sanitary sewers and sewage treatment.
Charges imposed for the purpose of paying costs of retiring
contracted debt.
The connection of an owner's house, building or structure
to a sewer line or lines constructed as part of the original system,
or to public lines constructed thereafter.
The Director of the Gull Lake Area Sewer and Water Authority
or the Authority Board's authorized representative.
Solid wastes from the domestic and commercial preparation,
cooking, dispensing, storage and handling of food, and from the handling,
storage and sale of produce.
Wastewater pipe or conduit so laid that the force of gravity
causes wastewater within said conduit to flow.
The effect of new or additional water flows upon a continuing
system of transportation and/or treatment.
Any pollutant that is not a compatible pollutant, as defined
above.
Defined as a connection of a house, building or structure
connecting to a sewer line serving more than one property which was
constructed with private funds and then subsequently transferred to
the Village and/or Authority to become a part of the system.
The liquid waste from the place of the user's business,
trade or profession.
Water other than wastewater that enters the system 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.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
Water other than wastewater that enters a sewer system through
such sources as, but not limited to, building downspouts, footing
or yard drains, cooling water discharges, seepage lines from spring
and swampy areas, and storm drain cross-connections.
Any person or persons authorized by the Authority to inspect
and approve the installation of sewers, including the inspection and
approval of building sewers.
Any sewer line of the system to which a service stub connects
or may be connected.
Parts per million as used in referenced to quantitative analysis
of water and wastewater (sewage).
The Michigan Department of Environmental Quality or any other
agency designated by Michigan state law to regulate matters pertaining
to the environment.
A fee charged to users for miscellaneous services and related
administrative costs associated with the system incurred by the Authority.
[Added 1-13-2014 by Ord. No. 014-1]
The townships and villages which are served by the Gull Lake
Sewer and Water Authority.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any house, building, or improvement or any other structure
in which sanitary sewage originates, which is constructed after the
public sewer line to which such house, building, improvement or structure
connects.
A sanitary wastewater flow containing an average daily BOD
of not more than 200 mg/l or an average daily suspended solids concentration
of not more than 250 mg/l.
The permit issued pursuant to the National Pollution Discharge
Elimination System for the discharge of treated wastewater into the
waters of the state.
The charge levied on all users of the system for the cost
of operation and maintenance, including a portion of replacement and
depreciation.
All costs, direct and indirect, necessary to provide adequate
wastewater collection and treatment on a continuing basis, to conform
with all federal, state and local wastewater management requirements,
and to assure optimum long-term management of the system. Operation
and maintenance costs may, to a certain extent, include a portion
of replacement costs.
The person responsible for the property taxes as shown on the current tax roll of the Village or a tenant or other party who may consent in writing to be responsible for the property in accordance with subsection 32-36(m).
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the concentration of hydrogenions
in grams per liter of solution.
A sewer line in which sewage is transported solely by means
of attached pumps and appurtenances.
The application of physical, chemical and/or biological processes
to reduce the amount of pollutants on or alteration of the nature
of the pollutant properties in privately owned pretreatment facilities
prior to discharge into the public sewer system.
Garbage that has been shredded to such a degree that no particle
shall be larger than 1/2 inch in any dimension and all particles can
be carried freely in the wastewater under the flow conditions normally
prevailing in the system.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by public authority.
Expenditures made during the service life of the system to
replace equipment and appurtenances necessary, maintaining the intended
performance of the system.
Is a factor established for each type of user as shown on appendix A (section 32-43); it represents the quantity of sanitary sewage ordinarily arising from the occupancy of a residence building by a single family of ordinary size and the benefit derived there from as the ratio of other users thereto. It may be defined and/or determined from time to time by the Authority.
Defined as set forth at section 3, Act 94, Public Acts of
Michigan, 1933 as amended.
A pipe or system of pipes that convey wastewaters from residences,
commercial buildings, industrial plats, institutions, or other structures
as a part of the wastewater collection system.
All of the public sewer line from the system lateral main
to the property line.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground, surface and stormwaters as may be present. The three
most common types of sewage are:
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COMBINED SEWAGE — Wastes including sanitary sewage, industrial
sewage, stormwater, and infiltration and inflow carried to the wastewater
treatment facilities by a combined sewer.
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INDUSTRIAL SEWAGE — A combination of liquid and water-carried
wastes discharged from any industrial establishment and resulting
from any trade or process carried on in that establishment (this shall
include the wastes from pretreatment facilities and polluted cooling
water).
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SANITARY SEWAGE — The combination of liquid and water
carried waste discharged from toilet and other sanitary plumbing facilities.
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Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
"Shall" is mandatory; "May" is permissive.
Any discharge of sewage or industrial waste which, in concentration
of any given constituent, exceeds for any period of duration longer
than 15 minutes more than five times the average 24 hours concentration
during normal operation.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
Water from rain events, including surface waters and drainage.
[Added 1-13-2014 by Ord. No. 014-1]
Solids that either float on the surface of, or in suspension
in, water, sewage or other liquids and which can be removed by laboratory
filtering.
The complete facilities of the Authority and municipalities,
including all treatment facilities, sewers, pumps, lift stations,
and all other facilities used in the collection and disposal of domestic,
commercial or industrial wastes, including all appurtenances thereto
and including all extensions and improvements thereto which may hereafter
be made.
The United States Environmental Protection Agency or any
other agency designated by the United States Congress to regulate
matters pertaining to the environment.
Sanitary sewer customers connected to the system.
The monthly charge to owners of any house, building or structure
served by the system. User fees consist of O, M, & R charges plus
any authorized debt retirement charges.
A channel in which a flow of water occurs, either continuously
or intermittently.
A local service 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.
[Ord. No. 008-2, § 5, 6-9-2008]
(a)
Permit to connect generally. Permits for connections to sanitary
sewers shall be issued by such person as shall be designated by the
Authority. Such a permit shall not be issued until all assessments
due and the charges for sewer connections have been paid as provided
for herein and until the Director has determined there is capacity
available for the wastewater to be discharged in system facilities
and the wastewater treatment plant, including capacity for compatible
wastes. The Director may require a compatibility study at the expense
of the user to demonstrate to the satisfaction of the Director that
the wastewater to be discharged is compatible with and will not adversely
affect the wastewater system.
(b)
Building sewer permits.
[Amended 1-13-2014 by Ord. No.
014-1]
(1)
There shall be three classes of building sewer permits:
a.
Residential permits: for connection of a premises' building
sewer to the available public sewer service lead.
b.
Tear-down permits: for the tear-down of a premises, including the
excavation to the service lead in order that it may be properly capped
(i.e., sealed against foreign debris, dirt, inflow and infiltration).
c.
Commercial permits: for connection of commercial, industrial, governmental
and institutional uses to the system and also for required installation
of grease, oil or other interceptors to protect the owner's building
sewer and the downstream portion of the system from damage.
(2)
In each respective case, the owner or his agent shall make application
on a special form furnished by the Authority. The permit application
shall be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Director and/or the Authority's
engineers. The permit fees (also known as the inspection and administration
fees) for the above permits shall be determined from time-to-time
by the Authority based upon Authority costs incurred for such inspection
and permit handling.
(c)
Costs to be borne by owner. All costs and expenses incidental to
the installation and connection of the building sewer shall be borne
by the owner. The owner or the person installing the building sewer
for said owner shall indemnify the municipalities and the Authority
from any loss or damage that may directly or indirectly be occasioned
by the installation of the building sewer.
(d)
Separate sewer for every building; exceptions. A separate and independent
building sewer shall be provided for every building, except where
one building stands at the rear of another on an interior lot and
no private sewer is available nor can be constructed to the rear building
through an adjoining alley, court, yard or driveway, the building
sewer from the front building may be extended to the rear building
and the whole considered as one building sewer. Other exceptions may
be allowed only by special permission granted by action of the Authority.
Plumbing fixtures installed in accessory buildings and drains carrying
sanitary sewage shall be connected to the public sewer.
(e)
Work on sewer system; permit, bond, insurance required. No one shall
uncover, make any correction with or opening into, use, alter or disturb
any public sewer or appurtenances thereof, without first obtaining
a written permit from the Authority. The permit fee shall be established
from time to time by resolution of the Authority. Before a general
license or particular permit may be issued for excavating, plumbing
or drain laying in any public street way or alley, the person applying
for such permit shall execute unto the Authority and deposit with
the Authority, a bond with corporate surety in a sum to be determined
by the Authority conditioned that he will faithfully perform all work
with due care and skill, and in accordance, with the laws, rules and
regulations established by the Authority and the Village pertaining
to sewers and plumbing. The amount of bond shall be established from
time to time by resolution of the Authority Board. This bond shall
state that the permit will indemnify and save harmless the Authority,
the municipalities and the owners of the property and abutting properties
against all damages, costs, expenses, outlays and claims of every
nature and kind arising out of mistake or negligence in connection
with plumbing, sewer line connection, or excavating for plumbing or
sewer connection as prescribed in this article. Such bond shall remain
in force and must be executed for a period of one year, except that,
upon such expiration, it shall remain in force as to all penalties,
claims and demands that may have accrued thereunder prior to such
expiration. The licensee shall also provide public liability insurance
for the protection of the Authority and the municipalities, the property
owner, and all persons to indemnify them for all damages caused by
accidents attributable to the work, with limits of $300,000 for one
person, $500,000 for bodily injuries per accident, and $100,000 for
property damages or as otherwise set by resolution of the Authority
Board.
(f)
Installation and pipe specifications. The building sewer shall be
constructed using methods and types of pipe meeting the written requirements
of the Authority at the time of connection.
(g)
Excavations; pipe laying. Whenever possible, the building sewer shall
be brought to the buildings at an elevation below the basement floor.
No building sewer shall be laid parallel to, or within three feet
of, any bearing wall, which might thereby be weakened. The depth shall
be sufficient to afford protection from frost. All excavations required
for the installation of a building sewer shall be open trench work
unless otherwise approved by the Authority. Pipe laying and backfill
shall be performed in accordance with the current ASTM specifications
except that no backfill shall be placed until the work has been inspected
by the Authority inspector and state and local inspectors as otherwise
may be required.
(h)
Lifting sewage by artificial means. In all buildings in which any
building drain is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such drains shall be lifted by approved
artificial means and discharged to the building sewer. Costs for installation
and connection shall be borne by the owner.
(i)
Pressure system requirements. Lift pumps must meet Authority specifications
in a pressure system serving more than one user.
(j)
Connection to public sewer. The connection of the building sewer
into the public sewer shall be made at the "wye" branch designated
for the property if such branch is available at a suitable location.
Any connection not made at the designated wye branch in the main sewer
shall be made only as authorized by the Authority.
(k)
Inspection. The applicant for the building sewer shall notify the
Authority when the building sewer is ready for inspection and connection
to the public sewer.
(l)
Excavations; regulations. All excavations for sewer installation
shall be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Authority and other public bodies having
jurisdiction over such matters.
(m)
Connections allowed only if capacity available. No connection will
be allowed unless there is capacity available in downstream sewers,
pump stations, interceptors, forcemains and treatment plant, including
capacity for additional BOD and suspended solids loadings. Determinations
of such hydraulic impact are made by the Authority's engineers
and subject to approval of the MDEQ of the state.
(n)
Connections. At the time of original construction of the public sewer,
the Authority shall install that portion of the building sewer from
the public sewer to the lot or easement boundary line whenever possible
for any house, building or structure to connect to the system. The
Authority shall maintain at its own expense, the public sewer so described.
Those persons making connections at the time of original construction
of the public sewer shall install at their own expense, that portion
of the building sewer from said lot or easement line to said house,
building, or property. The owner shall maintain said building sewer
at his own expense.
(o)
Connection to sewer; disconnection of private facilities. At such
time as connection shall be made to the public sewer, any septic tanks,
cesspools and similar private sewage disposal facilities shall be
abandoned and filled with suitable material as may be required by
the state health department, county health department, the Authority
or the Village.
(p)
Disconnection of service. Applications for connection permits may
be cancelled and/or sewer service disconnected by the Authority for
any violation of any rule, regulation or condition of service, and
especially for any of the following reasons:
(1)
Misrepresentation in the permit application as to the property or
residential equivalents to be serviced by the sewage works.
(2)
Unsafe or improper construction methods as determined by the Authority
of other regulatory agency.
(3)
Failure or refusal to, keep building sewers in a suitable state of
repair.
(4)
Nonpayment of bills or charges.
(5)
Violation or attempted violation of any provision of this ordinance
or of any rule or regulation promulgated by the Authority or the Director,
or failure to appear at a hearing under this ordinance when required.
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The Authority shall notify the Village of the disconnection.
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(q)
Interceptors. Exterior grease, oil, sand or other interceptors shall
be provided at the owner's expense for industrial, commercial
and residential (excluding single-family dwelling units) premises
where it is determined by the Authority that the wastewater discharge
from said premises is deleterious to the system or causes excessive
or unnecessary system maintenance. The owner of a building existing
prior to the effective date of this subsection may, with the prior
written approval of the Director, be permitted to install and operate
an interior-type interceptor until such time as the Director determines
that an exterior interceptor is required in order to avoid adverse
impact downstream. All interceptors shall be properly maintained and
operated by the owner, shall be of a type and capacity approved by
the Authority's engineers, shall be subject to approval by state
or local Plumbing Code Inspectors, and shall be located as to be readily
and easily accessible for cleaning and inspection. Proof of proper
maintenance and operation may be required by the Authority.
[Amended 1-13-2014 by Ord. No.
014-1]
(r)
Extensions of the public sewer. (Indirect connection) Sewer extensions
to the public sewer require the following:
(1)
Certified submittal of plans and specifications to the Authority.
(2)
Approval of Authority engineer.
(3)
Approval of construction contract by Authority.
(4)
MDEQ permit to construct.
(5)
Payment of Authority expenses as related to said sewer extensions,
as provided for by said construction contract.
[Ord. No. 008-2, § 6, 6-9-2008]
(a)
Purpose. The system is an integrated wastewater operation consisting
of lateral mains, trunkage sewers, pump stations, lift stations and
appurtenances thereto, which operate as a whole, providing for the
collection and transportation of wastewater to the treatment facilities,
and must be viewed as such when establishing rates for the system.
The purpose of establishing rates for connection and use of the system
is primarily to regulate the use of the system and to ensure the equitable
allocation of the costs of construction, operation and maintenance
of the system, including the risk of liability, including long-term
operation and replacement associated with the system.
[Amended 1-13-2014 by Ord. No. 014-1]
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The specific amounts/rates of the various fees and charges imposed
under this article shall, except as otherwise set herein, be the same
as were in effect under the prior Sewage Disposal System Ordinance:
Rates, Usage, Regulations, Mandatory Connection and Enforcement. The
rates/amounts of all fees and charges imposed under this article may
hereafter be amended from time to time by resolution of the Village
Council or, where applicable, the Authority Board.
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The fees established herein shall be divided into four categories:
connection fees, user fees, debt retirement fees and miscellaneous
user fees.
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(1)
Connection fees. The connection fees shall be set in order to regulate
the management of connections and to meet the immediate and long-term
capital requirements of the system. The connection fees ensure the
integrity of the system, by raising sufficient funds to pay for the
long-term management of new connections and to meet the system capital
requirements for replacement and/or expansion of the lateral mains,
trunk sewers, pump stations, lift stations and treatment facility,
which charges shall be in proportion to the costs of the services
provided. Such fees shall be fixed and revised from time to time upon
recommendation of the Authority to the Village and subsequently by
resolution of the Village Council as may be necessary to produce these
amounts.
(2)
User fees. The user fees shall regulate the buildings and structures
which are connected to, and are currently using the system, and to
provide for the payment of the expenses of administration, operation
and maintenance and replacement of said system as necessary to preserve
the same in good repair and working order; and to provide for the
payment of the contractual obligations of the units of government
served by the Gull Lake Sewer and Water Authority; and to provide
for such other expenditures and funds for said system as established
by the Authority; which charges shall be in proportion to the cost
of the services provided. Such fees shall be fixed and revised from
time to time upon recommendation of the Authority to the Village and
subsequently by resolution of the Village Council as may be necessary
to produce these amounts.
(3)
Debt retirement fees. The debt retirement fees shall be set in order
to provide for the cost of capital expenditures for which debt has
been incurred for the construction, expansion and/or replacement of
the system and to assist in the equalization and leveling of the connection
fees charged for construction, expansion and replacement of the system,
thereby avoiding the spiking of rates which further the regulatory
purpose associated with connection and service fees for use of the
system. Such rates shall be fixed and revised from time to time upon
recommendation of the Authority to the Village and subsequently by
resolution of the Village Council as may be necessary to produce these
amounts.
(4)
Miscellaneous user fees. The Authority shall, from time-to-time,
establish by resolution and impose on one or more users a miscellaneous
user fee, as necessary, for the cost of miscellaneous service, repairs
and costs associated with the system and incurred by the Authority
as a result of the intentional or negligent acts of such user or users,
including, for example and without limitation, excessive inspection
or other services not covered by other fees, costs of repairing and/or
replacing a grinder pump, costs incurred by the Authority to shut
off and turn on sewer service and costs incurred by the Authority
for the treatment of stormwater, surface water, groundwater, roof
run-off, subsurface drainage, uncontaminated cooling water or unpolluted
industrial process water improperly diverted into the system.
(b)
User classes. All users of the system will be included in a user class and each user class will pay for its proportionate share of the use of the system in terms of volume and pollutant loading. Sewer use charges (user fees) are levied to defray the cost of operation, maintenance and replacement (including depreciation) of the system. The classes of users, for the purpose of determining the user charges, shall be as defined in this article, section 32-34.
(c)
Sewer use charges. Sewer use charges to each single-family residential premises shall as of the effective date of this article be $60 per quarter for operation, maintenance and replacement and may be amended from time to time hereafter by resolution of the Village Council. Each user other than a single-family residence shall pay the sewer use charge at a rate based upon multiplying the single-family residence use charge by a factor representing a rate of sewer use by such class of users to normal single family residential sewer use as reflected in appendix A [section 32-43].
(d)
Connection fee payments: how computed. Each house, building or structure required to connect to the system shall pay a direct or indirect connection fee multiplied by a factor representing a ratio of sewer use by such user to normal single-family residential use, as reflected in appendix A [section 32-43].
(e)
Connection fees. Each person desiring to connect to the system shall
pay a fee for the privilege of using the facilities and receiving
the service of the system in the amounts given below:
(1)
Direct connection. For each house, building, or structure connecting directly to the lines of the system, there shall be charged a connection fee per single-family residential equivalent as reflected in appendix A [section 32-43] of this article as established by resolution of the Village Council. Properties fully assessed for each respective district shall be considered to have paid the direct connection fee in full. However in no case shall a refund be given.
(2)
Indirect connection. For each house, building, or structure connecting indirectly to the system there shall be charged a fee per single-family residential equivalent, as reflected in appendix A [section 32-43] of this article as established by resolution of the Village Council. Indirect connection fees defray proportionate shares of necessary oversizing of the treatment facilities, trunks and pumping stations.
(f)
Payment of connection fees. Connection fees (including any one-time
debt retirement fee) as set forth herein shall be due and payable
in cash upon application for connection to the system; provided, however,
that said fees may be payable in equal installments plus interest
to be paid annually on the unpaid balance at the rate determined annually
by resolution of the Authority Board. If paid in installments, the
first installment of said connection fee shall be payable upon application
for connection, and all subsequent installments plus interest shall
be payable annually thereafter on October 1. A monthly installment
plan may alternatively be made available to users. All installment
agreements shall be in writing and shall be payable over a period
not to exceed 10 annual principal payments, including annual interest
at the rate established by the Authority for the year the contract
was entered into.
(g)
Industrial users; normal strength sewage. Each industrial user that
discharges process wastewater which does not exceed the limits of
"normal strength sewage" shall be charged and shall make payments
to the Authority in amounts based on the actual waste volume and strength
from such user as stated elsewhere in this article.
(h)
Industrial users to pay proportionate share. Each industrial user
shall pay the proportionate share of the operation, maintenance and
replacement/depreciation costs of the system that are allocable to
the treatment of said user's industrial wastes.
(i)
Sewage exceeding normal strength. Each user that proposes to discharge
wastewater to the system which exceeds the limits of "normal strength
sewage" will be required to either: (a) provide satisfactory pretreatment
to reduce the strength of the wastewater to "normal strength sewage",
or (b) pay a surcharge determined by the relative concentration of
BOD, suspended solids, or other pollutant as compared to "normal strength
sewage." Said surcharge shall be established from time to time by
resolution of the Village Council.
(j)
Special rates. For miscellaneous services or where a premises receives
sewer service for which a special rate need be established, such rates
shall be recommended by the Authority and subsequently fixed by the
Village Council by resolution.
(k)
Delivery of bills. All bills and notices relating to the conduct
of the business of the Authority and of the sewage works will be mailed
to the person listed on the application for the connection permit
at the address listed on the permit, unless a change of address has
been filed in writing at the business office of the Authority. The
Authority as agent for the Village shall not otherwise be responsible
for delivery of any bill or notice, nor will the person be excused
from nonpayment of a bill or from any performance required in said
notice.
(l)
Billing. Bills will be rendered as follows:
(1)
For users whose charges do not exceed $120 per quarter, bills will
be rendered quarterly.
(2)
For users whose charges are $120 per quarter or more, bills may be
rendered monthly.
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All bills shall be payable without penalty within 30 days after
the date thereon. Payments received thereafter shall bear a penalty
of 5% of the amount of the bill.
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(m)
Enforcement. The charges for services which, under the provisions
of section 21, Act 94, Public Acts of Michigan, 1933, as amended,
are made a lien on all property served thereby, and whenever any such
charge against any piece of property shall be delinquent for six months,
the Authority or officials in charge of the collection thereof shall
certify annually on August 1 of each year to the tax assessing officer
for the Village, the facts of such delinquency, whereupon such charge
including penalties shall be by him/her entered upon the next tax
roll as a charge against such property and shall be collected and
the lien thereof enforced in the same manner as general Village taxes
against such property are collected and the lien thereof enforced;
provided, however, where notice is given in writing that a tenant
is responsible for such charges and service as provided by said section
21, no further service shall be rendered such property until a cash
deposit equal to six months service charges shall have been made as
security for payment of such charges and services. In addition to
the foregoing, the Village and the Authority shall reserve the right
to shut off sewer service to any property for which charges are more
than three months delinquent, and such service shall not be reestablished
until all delinquent charges and penalties plus a turn-on charge,
to be specified by resolution of the Village, have been paid. Further,
such charges and penalties may be recovered by the Authority and/or
the Village by court action, together with such attorney fees and
costs as authorized by law.
(n)
Reestablishing service; deposit required. In addition to the foregoing,
where the sewer service supplied to a house, building, or structure
has been discontinued for nonpayment of delinquent bills, the Village
reserves the right to require by resolution that a sum be placed on
deposit with the Authority for the purpose of establishing or maintaining
any customer's credit.
(o)
Appeals. Any person has the right to appeal the basis for any charges
developed in accordance with this article. Appeals shall be directed
to the Authority along with any supporting documentation for amendment
of the charges in question. Any additional information that may be
required to resolve the appeal shall be obtained by said person at
his expense. Resolution of appeals shall be made within 30 days by
action of the Authority after receiving written recommendation from
the Director in accordance with best available data and the formulations
presented in this article. In no event shall appeals be accepted which
would require a variance in the methods of charge calculations established
and in force throughout the system. All bills for sewage service,
outstanding during the appeals process, including all penalties or
delinquency charges, shall be due and payable. Upon resolution of
the appeal, the Authority shall adjust said charges accordingly including
any refunds due. Refunds shall be retroactive to the previous four
quarters billings only.
(p)
Audit review; adjusting charges. The Authority Board shall have an
independent annual audit performed of the system operation and maintenance
costs plus all other revenue and expense obligations. Such an audit
shall be conducted annually by the Authority on or before May 1, and
a copy thereof provided to the Village Clerk. The Village Clerk shall
review the audit and if necessary, adjust rates at least annually
to the users of the system in accordance with applicable USEPA regulations
and contracts with the Authority.
(q)
No free service. No free service shall be furnished by said system
to any house, building, property, nor to any person, firm or corporation,
public or private, nor to any public agency or instrumentality.
(r)
Interruptions of service. The Authority shall make all reasonable
efforts to eliminate interruptions of service and, when such interruptions
occur, will endeavor to reestablish service with the shortest possible
delay. Whenever service is interrupted for the purpose of working
on the system, all persons affected by such interruptions will be
notified in advance whenever it is possible to do so.
[Ord. No. 008-2, § 7, 6-9-2008]
(a)
Depository funds. The revenues of the system (excluding collections
of special assessments for the system) shall be set aside, as collected
and deposited in a separate depository account in a bank duly qualified
to do business in Michigan, in an account to be designated sewer system
receiving fund (hereinafter, for brevity, referred to as the "receiving
fund"), and said revenues so deposited shall be transferred from the
receiving fund periodically in the manner and at the times hereafter
specified. Collections of special assessments for the system shall
not be deposited in the receiving fund or the operation and maintenance
fund but shall be deposited in the contract payment fund.
(1)
Operation and maintenance fund. Out of the revenues in the receiving
fund there shall be first set aside quarterly into a depository account,
designated operation and maintenance fund, a sum sufficient to provide
for the payment of the next quarter's current expenses of administration
and operation of the system and such current expenses for the maintenance
thereof as may be necessary to preserve the same in good repair and
working order.
(2)
Contract payment fund. There shall next be established and maintained
a depository account, to be designated contract payment fund, which
shall be used solely for the payment of the obligations pursuant to
contracts for payment of bonds or other obligations issued to finance
the costs of system facilities. There shall be deposited in said fund
the collections of special assessments imposed by the Village to defray
part of the costs of system improvements which were financed by the
aforementioned bonds or other obligations plus, to the extent necessary
to meet contract obligations, connection fees received by the Authority
for connections to said system improvements which were financed by
the aforementioned bonds or other obligations. Should the connection
fee revenues from connections within the Village, together with the
special assessment collections prove insufficient to pay the contractual
obligations when due, such revenues may be supplemented by any other
funds of the Village legally available for that purpose.
(3)
Replacement fund. There shall next be established and maintained
a depository account, designated replacement fund, which shall be
used solely for the purpose of making major planned repairs and replacements
to the system if needed. There shall be set aside into said fund,
after provision has been made for the operation and maintenance fund
and the contract payment fund, such revenues as the Authority shall
deem necessary for this purpose.
(4)
Capital improvement fund. There shall next be established and maintained
a capital improvement fund for the purpose of making improvements,
extensions and enlargements to the system. There shall be deposited
into said fund, after providing for the foregoing funds, such revenues
as the Authority shall determine, including funds necessary in reserve
for future unforeseen major capital expenses, replacements and upgrades
of the system.
(b)
Surplus monies. Monies remaining in the receiving fund at the end
of any operating year, after full satisfaction of the requirements
of the foregoing funds, may at the option of the Authority be transferred
to the improvement fund or used in connection with any other project
of the Authority reasonably related to purposes of the system.
(c)
Bank accounts. All monies belonging to any of the foregoing funds
or accounts may be kept in one bank account, in which event the monies
shall be allocated on the books and records of the Authority within
this single bank account, in the manner above set forth. The Gull
Lake Area Sewer and Water Authority, as operating agent for the municipalities,
shall be authorized to act for the municipalities to establish, maintain
and fund the aforesaid accounts. The Authority Board may fix names
for the various accounts different from those set out above, and may
establish such accounts for the common benefit of all public corporations
in the service area, so long as the essential purpose of the aforesaid
system of accounts is preserved and so long as the Authority maintains
a system of accounting which permits it to determine which public
corporations' charges have produced monies in its various accounts.
(d)
Transfer of funds. In the event that monies in the receiving fund
are insufficient to provide for the current requirements of the operation
and maintenance fund, any monies and/or securities in other funds
of the system, except sums in the contract payment fund derived from
tax levies, shall be transferred to the operation and maintenance
fund, to the extent of any deficit therein.
(e)
Monies may be invested. Monies in any fund or account established
by the provisions of this article may be invested in obligations of
the United States of America in the manner and subject to the limitations
provided in Act 94, Public Acts of Michigan, 1933, as amended. In
the event such investments are made, the securities representing the
same shall be kept on deposit with the bank or trust company having
on deposit the fund or funds from which such purchase was made. Income
received from such investments shall be credited to the fund from
which said investments were made.
(f)
Operating year. The system shall operate on the basis of an operating
year commencing on April 1, and ending on the last day of March next
following.
[Ord. No. 008-2, § 8, 6-9-2008]
(a)
Basis for application. The owner or owners of a single-family residence
in which residence said owner or owners reside and upon which a connection
fee has been imposed, may submit a hardship application to the Authority
Board seeking a deferment in the partial or total payment of the connection
fee provided for herein, based upon a showing of financial hardship,
subject to and in accordance with the following:
(1)
The owner of the premises shall, under oath, complete a hardship
application provided by the Authority, and file said application,
together with all other information and documentation reasonably required
by the Authority with the Authority Board not less than 60 days prior
to the due date of the annual installment of such charge. Any such
deferment shall be for the current annual installment only. An application
shall be completed and filed by each and every legal and equitable
interest holder in the premises, excepting financial institutions
having security interests in the premises.
(2)
Hardship applications shall be reviewed by the Authority Board, and
after due deliberation of hardship applications, the Authority Board
shall determine, in each case, whether there has been an adequate
showing of financial hardship, and shall forthwith notify the applicants
of said determination.
(3)
An applicant aggrieved by the determination of the Authority Board
may request the opportunity to appear before the Village Council in
person for the purpose of showing hardship and presenting any argument
or additional evidence. A denial of hardship following such a personal
appearance before the Village Council shall be final and conclusive.
(4)
In the event that the Authority Board or Village Council (upon appeal)
makes a finding of hardship, said Board or Council shall fix the amount
of partial or total deferment of the charge so imposed, and in doing
so, shall require an annual filing of financial status by each applicant,
providing that upon a material change of financial status of an applicant,
said applicant shall immediately notify the Authority so that a further
review of the matter may be made by the Authority Board, and provided
further that the duration of the deferment granted shall be self-terminating
upon the occurrence of any one of the following events:
(5)
Upon a determination of the Authority Board or Village Council (upon
appeal) deferring all or part of the charges imposed, the owners of
the premises shall, within one month after such determination, execute
and deliver to the Village as the secured party a recordable security
instrument covering the premises, and such other documents deemed
necessary to secure the payment guaranteeing payment of an amount
necessary to cover all fees and charges deferred and all costs of
installation and connection, if applicable, the consideration for
said security interest being the grant of deferment pursuant to this
article.
[Ord. No. 008-2, § 9, 6-9-2008]
(a)
Septic tank unlawful; exceptions. Except for facilities approved
by the county health department, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for disposal of wastewater within the Village
after the effective date of this article [January 1, 2005].
(b)
Depositing sewage upon property unlawful. It shall be unlawful for
any person to place, deposit or permit to be deposited, in an unsanitary
manner, upon public or private property within the Village or in any
area under the jurisdiction of the Village, any human or animal excrement,
garbage, or objectionable waste.
(c)
Discharging untreated sewage unlawful. It shall be unlawful to discharge
to any natural outlet within the Village, or in any area under the
jurisdiction of the Village, any wastewater, or other polluted waters,
except where suitable treatment has been provided in accordance with
all applicable provisions of local, state and federal regulatory agencies.
(d)
Discharge of unpolluted drainage to system: unlawful.
[Amended 1-13-2014 by Ord. No.
014-1]
(1)
No person shall discharge or cause to be discharged, any stormwater,
surface water, groundwater, roof run-off, subsurface drainage, uncontaminated
cooling water, or unpolluted industrial process waters into any sanitary
sewer of the system. If a person is found to be discharging such water
into the system, the person shall be given written notice to disconnect
within 90 days or be subject to a miscellaneous user fee for such
discharge.
(2)
Exception.
a.
For basement or foundation drain systems (e.g., b-dry-type collector
systems) should the owner or occupant of the premises add one or more
chemicals to such groundwater or subsurface drainage for maintenance
purposes, the groundwater or subsurface drainage from the system may
be permitted by the Authority in its sole discretion to be connected
to the public sewer system, subject to the following conditions:
1.
The Authority shall be provided by the owner with annual written
verification of the addition of such chemical(s) to the groundwater
or subsurface drainage.
2.
A water meter (or flow meter if a gravity connection is involved)
approved by the Authority shall be installed and maintained on the
groundwater discharge pipe. If there is more than one groundwater
discharge pipe, such a meter shall be installed on each of the pipes
or the piping shall be connected such that one meter can provide measurement
of the total discharge from all of the pipes.
3.
Installation and maintenance of an Authority-approved water
meter on the drinking water well supply (if the premises is not connected
to the public water system).
b.
Meters shall be supplied by the Authority at no cost to the owner.
Installation cost of the meters shall be at the expense of the owner
and subject to inspection by the Authority at the time of installation
and also at reasonable times as determined by the Authority to read
or verify readings and operation of the meters. Meters shall have
exterior reading capability. The Authority shall read the meters quarterly
or more frequently and shall use the readings to calculate (based
upon the surcharge fee rate to be established by the Authority) the
quarterly surcharge fee, if any, to be paid by the owner for the treated
groundwater or subsurface drainage discharged into the public sewer
system. Should the owner take any action that prevents the Authority
from obtaining such meter readings, the Authority, in addition to
all other remedies it may be entitled to under law and this article,
shall determine the quarterly surcharge to be paid by the owner as
a miscellaneous user fee based upon the Authority's best estimate
of the volume of the treated groundwater or subsurface drainage from
the subject premises into the public sewer system.
(e)
Private system: regulations. The owner shall operate and maintain
the private sewage disposal facilities in a sanitary manner at all
times, at no expense to the Village or Authority.
(f)
Additional requirements. No statement contained herein shall be construed
to interfere with any additional requirements that may be imposed
by the state or the United States including, but not limited to, the
Michigan Department of Environmental Quality.
(g)
Existing building sewers. Existing building sewers or portions thereof
may be used in connection with new buildings only when they are found
on examination and test by the Authority to meet all requirements
of this article and applicable building codes. Upon connection of
the premises to the public sewer, septic tanks and drywells shall
no longer be utilized for the containment or disposal of domestic
sewage. In the event that a property owner requests reuse of an existing
building sewer, the Authority shall provide a closed-circuit televised
inspection of the existing building sewer at a fee determined from
time-to-time by resolution of the Authority, in order that the Authority
may grant or deny permission for reuse of the building sewer. All
determinations made by the Authority shall be final.
[Amended 1-13-2014 by Ord. No.
014-1]
(h)
Prohibited discharging. No person shall convey, deposit or cause
or allow to be discharged, conveyed, or deposited into the wastewater
system any pollutant other than a compatible pollutant which the system
expressly agrees to accept from a user or any wastewater containing
any of the following:
(1)
BOD in excess of 200 mg/l.
(2)
COD in excess of 450 mg/l.
(3)
Chlorine demand in excess of one mg/l.
(4)
Any pollutant which imparts a color to the wastewater in the wastewater
system, which color cannot be removed by the system's treatment
process or which is prohibited by the NPDES permit.
(5)
Liquids, solids, or gases which by reason of their nature or quantity
are, or may be sufficient either alone or by interaction with other
substances to cause fire or explosion. Such prohibited materials include,
but are not limited to gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromate, and carbides.
(6)
Garbage not properly shredded (no particle size greater than 1/2
inch).
(7)
Grease, oil, wax, or fat, where emulsified or not, in excess of 150
mg/l, or other substances which may solidify or become viscous at
temperatures between 0 and 650° C. at the point of discharge into
the wastewater system, or concentrations or amounts of oil or grease
from industrial facilities violating pretreatment standards.
(8)
Radioactive wastes or isotopes unless their disposal via wastewater
is authorized by federal, state and local regulations, and then only
when discharge into the wastewater system does not cause damage or
a hazard to the system, the persons operating the system, or the general
public or concentration which may exceed limits established by applicable
state and federal regulations.
(9)
Wastes of a temperature less than 3° C. (37.4° F.) or greater
than 65° C. (149° F.).
(10)
Solids, liquids, or gases from processes employed in the user's
business, trade or profession which, either singly or by interaction
with other wastes, are capable of creating a public nuisance or hazard
to life, or are or may be sufficient to prevent entry into a sewer
for maintenance or repair.
(11)
Any toxic substances in amounts which cannot be handled by the
system or which exceed standards promulgated by the USEPA pursuant
to section 307(b) of the FWPCA, or toxic substances included in any
regulations of the MDEQ which identify and prohibit discharge of toxic
substances into the water of the state.
(12)
Any pollutant which deleteriously affects the wastewater system
or process, or any pollutant which is regulated by the NPDES permit
issued to the City of Kalamazoo and which will pass untreated or unaffected
by the treatment system.
(13)
Solids or viscous substances in quantities or of such size capable
of causing obstruction to the flow of sewers, or other interference
with the proper operation of the wastewater system such as, but not
limited to ashes, bones, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure,
hair, fleshings or entrails.
(i)
Limitations on wastewater discharging. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in the preceding subsection (h), and which in the judgment of the Director may deleteriously affect the wastewater system or carry through the system untreated any pollutant regulated by the NPDES permit issued to the City of Kalamazoo; or constitute a hazard to human or animal life or to any watercourse receiving the treated effluent of the wastewater system; or violate any pretreatment standards hereinafter established; or cause the wastewater system to violate its NPDES permit or other applicable receiving water standards, the Director may:
(1)
Reject the wastes and/or refuse to accept the waters or wastes into
the system,
(2)
Require pretreatment to an acceptable condition for discharge into
the public sewers,
(3)
Require control over the quantities and rates of discharge and/or,
(4)
Require payment to cover added cost of handling and treating the
wastes not covered by existing sewer use charges.
|
If the Authority permits the pretreatment or equalization of
waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Authority and subject
to the requirements of all applicable codes, ordinances and laws.
The property owner shall not commence construction of such facility
until he has obtained such approvals in writing from the Director
and appropriate state agencies.
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(j)
Preliminary treatment facilities. Where preliminary treatment or
flow equalizing facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory and effective
operation by the owner at his own expense.
(k)
Control manholes. When required by the Authority, the owner of any
property serviced by a building sewer carrying industrial or other
wastes shall install a suitable control manhole together with such
necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
a manhole or manholes, when required, shall be accessibly and safely
located, and shall be constructed in accordance with plans approved
by the authority and appropriate state agencies. The manhole shall
be installed by the owner at his expense, and shall be maintained
by him so as to be safe and accessible at all times.
(l)
Sampling; water analyses. All measurements, tests, analyses of the
characteristics of water and wastes to which reference is made, in
this article shall be determined in accordance with the most recent
edition of "Standard Methods of the Examination of Water and Wastewater"
and shall be determined upon samples taken from the control manhole
or other necessary locations. Samples shall be carried out by customarily
accepted methods to reflect the effect of constituents upon the system
and to determine the existence of hazards to life, limb and property
The particular analyses involved will determine whether a twenty-four-hour
composite of all outfalls of a premises is necessary and appropriate,
or whether a grab sample or samples shall be taken. These determinations
shall be made by the authority.
(m)
Commercial waste hauling: regulation. Commercial waste hauling vehicles,
including septic waste hauling vehicles, may not discharge contents
into the public sewer system except as authorized by the Director
(in writing).
(n)
Special arrangements for treatment. No statement contained within
this section shall be construed as preventing any special agreement
of arrangement between the Village and the authority, and any industrial
or commercial concern whereby an industrial or commercial waste of
unusual strength and/or character may be accepted by the authority
for treatment, subject to payment therefore by the industrial or commercial
concern.
(o)
Inspection. Agents of the authority, Village, Michigan Department
of Environmental Quality, the U.S. Environmental Protection Agency
and other related local, state and federal agencies shall have the
right to enter all properties for the purpose of inspecting, measuring,
metering, sampling and testing the wastewater discharge and for reviewing
and examining procedures related to the discharge of waste or wastes.
Included herein shall be the right to meter the water supply to determine
the approximate use of the sewage system by any user, such metering
to be in the discretion of and at the cost of the user or property
owner.
(p)
City of Kalamazoo standards. Notwithstanding anything in this article,
all users shall comply with standards of the City of Kalamazoo concerning
wastewater disposal and use of the system, and the authority is authorized
to implement said standards by published rules and regulations from
time to time.
[Ord. No. 008-2, § 10, 6-9-2008]
(a)
Discharging industrial wastes: requirements. Any industry or structure
discharging industrial wastes to the sanitary sewer, storm sewer or
receiving stream shall file the material listed below with the authority,
and the authority may also require each person who applies for sewer
service receives sewer service, or through the nature of the enterprise
creates a potential environmental problem as determined by the authority's
engineers, to file the documents listed below:
(1)
A written statement setting forth the nature of the enterprise, the
source and amount of water used, and the amount of waste discharged,
both total and partial, with the present or expected bacterial, physical,
chemical, radioactive or other pertinent characteristics of the wastes.
(2)
A plan map of the building, works or complex, with each outfall of
the surface waters, sanitary sewer, storm sewer, natural watercourse
and/or groundwater noted, described and the waste stream identified.
(3)
Sample, test and file reports with the authority and the appropriate
local and state agencies on appropriate characteristics of waste on
a schedule, at locations, and according to methods outlined in this
article.
(4)
An affidavit placing waste treatment facilities, process facilities,
waste streams, or other potential waste problems under the specific
supervision and control of persons who have been certified by an appropriate
state agency as properly qualified to supervise such facilities.
(5)
A report on raw materials entering the process or support system,
intermediate materials, final product, and waste byproducts, as those
factors may affect waste control.
(6)
Records and file reports on the final disposal of specific liquid,
solids, sludge, oil and radioactive material, solvent or other waste.
(7)
If any industrial process is to be altered so as to include or negate
a process waste or potential waste, written notification shall be
given to the authority subject to approval.
(b)
Industrial representative: duties. One person from each industrial
user shall be designated by the user (subject to approval by the authority)
to be responsible for industrial wastes admitted to the system. He
shall be involved with maintaining any pretreatment facility operations
and assuring a continual high level of performance. In case no pretreatment
is provided, he shall be involved with prevention of accidental discharges
of process wastes admitted to the system. He must become aware of
all potential and routine toxic wastes generated by his industry.
He must be informed of all process alterations which could, in any
manner, increase or decrease normal daily flow or waste strength discharged
to the system.
(c)
Catalog of chemicals: discharges. The industrial representative shall
catalogue all chemicals stored, used or manufactured by his industry.
Such a listing shall include specific chemical names, not manufacture's
codes. These wastes admitted to the sanitary sewer are a prime concern;
however, all discharges shall be catalogued. An estimate of daily
average flows and strengths shall be made including process, cooling,
sanitary, etc. Such a determination should separate the flows according
to appropriate categories. The aforementioned flow and chemical listing
is to be sent to the Director and shall be treated as confidential
information.
(d)
Process alterations. The industrial representative should attempt
to determine whether or not large process alterations will occur during
the next few years, one year, two years, five years. He should consult
with management to determine if such alterations are scheduled and
forthcoming.
(e)
Plant layout sketch. A sketch of the plant buildings shall be made,
including a diagram of process and chemical storage areas. Location
of any pretreatment equipment must be indicated, and floor drains
located near process and storage areas must be noted. Manhole and
sewer locations at the industry's point of discharge into the
system must be included on the plant layout sketch.
(f)
Pretreatment. There shall be separation of spent concentrates from
the sanitary sewer to prevent toxic wastes from upsetting the treatment
plant. Supervision and operation of the pretreatment equipment for
spent concentrates, as well as all toxic wastes and high strength
organic wastes to an acceptable level as detailed herein, is the responsibility
of the industrial representative. All sludges generated by such treatment
must be handled in an acceptable manner, such as in a designated area
of a sanitary landfill or by a licensed waste hauler. Adequate segregation
of those waters and wastes to be pretreated to meet discharge limits
is a vital portion of the industrial effort to prevent operational
problems of the system.
(g)
Secondary containment. Throughout the industry, adequate secondary
containment or curbing must be provided to protect all floor drains
from accidental spills and discharges to the receiving sewers. Such
curbing should be sufficient to hold 150% of the total process area
tank volume. All floor drains found within the containment area must
be plugged and sealed. Spill troughs or sumps within process areas
must discharge to appropriate pretreatment tanks. Secondary containment
should be provided for storage tanks which may be serviced by commercial
haulers and for chemical storage areas.
(h)
Sampling. An adequate sampling vault or manhole must be provided
in a fully accessible place for authority personnel to obtain samples
and flow measurement data. The complexity of the vault will vary with
the sampling requirements the authority determines necessary to protect
the treatment plant and receiving streams. Should the authority desire
continual flow recording over a long duration, or twenty-four-hour
composite sampling, then a more complex manhole would be mandatory
complete with 110 volt AC, at the expense of the property owner or
user.
(i)
Costs: surveillance fee, surcharge. A yearly surveillance fee may
be initiated by resolution of the Authority Board to reduce some equipment
costs or for maintenance of monitoring devices. If a graduated surcharge
is deemed necessary to check industrial discharges, then a factor
should be incorporated to reduce the costs as industry lowers its
waste strength. Consequently, a direct dollar incentive would be given
to stimulate continued progress in industrial waste control. A graduated
surcharge may not be required if industry provides adequate safeguard
devices and treatment facilities to insure protection of the municipal
treatment plant and biological processes involved.
(j)
Unpolluted drainage where discharge allowed. Storm sewer and all
other unpolluted drainage shall be discharged to such sewers as are
specifically designated as storm sewers, or to a natural outlet approved
by the appropriate state agency Industrial cooling water or unpolluted
process waters may be discharged, upon approval of the appropriate
state agency, to a storm sewer or natural outlet.
(k)
Industrial cooling water containing pollutants. Industrial cooling
water containing such pollutants as insoluble oils or grease, or other
suspended solids, shall be treated for removal of the pollutants and
then discharged to the storm sewer.
(l)
Pretreatment facilities. All major contributing industrial users
shall pretreat any pollutant in its wastewater which may interfere
with, pass through untreated, reduce the utility of municipal sludge,
or otherwise be incompatible with the treatment works. Pretreatment
of such pollutants shall be in accordance with section 307 of Public
Law 92-500, 40 CFR 403, and as determined by the Director. All owners
of and source to which pretreatment standards apply shall be in compliance
within the shortest reasonable time, but not later than the date of
compliance required by 40 CFR 403 or the date established by the Director
whichever first occurs. All such owners shall submit to the Director
semiannual notices (on April 1 and on October 1 each year) regarding
specific actions taken to comply with such standards.
[Ord. No. 008-2, § 11, 6-9-2008]
(a)
Damaging system: prohibited. No person or persons shall maliciously,
willfully, or negligently break, damage, destroy, uncover, deface
or tamper with any structure, appurtenance or equipment which is a
part of the system.
(b)
Interruption of service. The authority and the Village shall in no
event be held responsible for claims made against them by reason of
the breaking of any mains or service laterals, or by reason of any
other interruption of the service caused by the breaking of machinery
or stoppage for necessary repairs; and no person shall be entitled
to damages nor have any option of a payment refunded for any interruption.
(c)
Overflow or backup.
(1)
Liability. Pursuant to Public Act 170 of 1964, and as thereafter
amended, neither the Village nor the authority shall be subject to
noneconomic damages caused by a sewage disposal system event unless
the individual making the claim has suffered death, serious impairment
of bodily function or permanent or serious disfigurement. Neither
the Village nor the authority shall be responsible for economic damages
unless claimant can show that a sewage disposal system event caused
property damage or physical injury and the claimant can show:
a.
The Village or the authority is the appropriate governmental agency(s);
b.
The sewage disposal system had a defect;
c.
The governmental agency knew or, in the exercise of reasonable diligence,
should have known about the defect;
d.
The governmental agency having the legal authority to do so, failed
to take reasonable steps in a reasonable amount of time to repair,
correct or remedy the defect;
e.
The defect was a substantial proximate cause of the property damage
and/or physical injury;
f.
The claimant must also show ownership, value of the property, and
comply with section 19 of Act 170 of 1964 as amended by Public Act
9 of 2001 and Public Act 222 of 2002.
(2)
Notice. The Village or its designated representative shall be notified
in writing not more than 45 days after the discovery of any damage
or physical injury which the property owner believes is attributable
to overflow or backup of the sewer system. The notice must contain
the following:
(3)
Inspection. The Village or its designated representative, upon receipt
of the notice of claim, may inspect the damaged property or investigate
the physical injury and the claimant or owner or occupant of the affected
property shall not unreasonably refuse to allow such inspection.
(4)
Settlement. If the Village or its designated representative against
which a claim is made cannot reach an agreement for compensation for
the property damage or physical injury within 45 days after the receipt
of the notice, the claimant may institute a civil action to recover
a claim of damages.
(5)
Legal authority. The protection and damage provisions provided for
in this section have been instituted pursuant to Public Act 19 of
2001 and Public Act 222 of 2002, which amended Public Act 170 of 1964.
[Ord. No. 008-2, § 12, 6-9-2008]
(a)
Inspection. Any house, building, or structure receiving sanitary
sewer service shall, at all reasonable hours be subject to inspection
by duly authorized personnel of the Authority.
(b)
Authority of inspectors: limitations. The Director and other duly
authorized employees of the Village or Authority, bearing proper credentials
and identification, shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurement, sampling
and testing in accordance with the provisions of this article. The
Director or his representatives shall have no authority to inquire
into any processes including metallurgical, chemical, oil refining,
ceramic, paper or other industries beyond that point having a direct
bearing on the kind and source of discharge to the sewers and waterways
or facilities for waste treatment.
[Ord. No. 008-2, § 13, 6-9-2008]
(a)
Written notice of violation. Any person violating any provision of
this article may be served with written notice stating the nature
of the violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations as determined
by the Authority. However, proceedings to enforce this article may
be commenced without such written notice.
(b)
Penalties: violation declared nuisance. Any person who violates any
of the provisions of this article shall be deemed to be responsible
for a municipal civil infraction as defined by Michigan Statute which
shall be punishable by a civil fine of not more than $500 along with
costs which may include all expenses, direct and indirect, to which
the Village has been put in connection with the municipal civil infraction.
In no case, however, shall costs of less than $9 nor more than $500
be ordered. A violator of this article shall also be subject to such
additional sanctions and judicial orders as are authorized under Michigan
law. Each day that a violation of this article continues to exist
shall constitute a separate violation of this article. A violation
of this article is also declared to be a public nuisance and the Village
or Authority may also enforce the same by injunction or other relief
which might be available or appropriate under the circumstances.
(c)
Violators liable for penalties levied against Village or Authority. Any business, industry or person violating any of the provisions of this article, which results in fines or penalties being levied against the Village or Authority, shall become liable for said fine or penalty plus any expenses, loss or damage occasioned by such violation. This fine or penalty shall be levied in addition to the fine identified in subsection (b).
[1]
Editor's Note: Appendix A, Residential Equivalent Factors,
is attached to this chapter.
