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Chesterfield Charter Township, MI
Macomb County
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[Ord. No. 68, § 7.1, eff. 8-10-1979; amend. by Ord. No. 68-1, eff. 10-10-1980; amend. by Ord. No. 68-15, eff. 9-22-1989; Ord. No. 68-18, adopt. 9-21-1992; Ord. No. 68-23, § 1.2, 4-2-2001; amended 11-16-2015 by Ord. No. 153]
Except as provided in this division, 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 having a connection to the wastewater system on the basis of the water meter readings for the water used. The sewage disposal charges shall be as follows:
(1) 
For all water meter readings, the sewage disposal commodity charge shall be per 1,000 gallons of water used.
(2) 
A sewer readiness-to-serve fixed charge is imposed and covers a portion of the fixed costs of the operation, maintenance and repair of the sewer system infrastructure owned by the Township, as well as a portion of the fixed costs incurred by the Township from the agencies transporting and treating sewage for the Township.
(3) 
A sewer bond debt service fixed charge is imposed and covers a portion of the fixed bond debt payments that the Township is required to pay for improvements to its sewer system as well as improvements to the systems of agencies transporting and treating sewage for the Township.
(4) 
Fixed charges for sewer readiness-to-serve and sewer bond debt service will be applied to the customer's bill by one of the following:
a. 
For single-family residential customers with one dwelling unit located on the premises, the fixed charge for sewage disposal shall be the fixed charge times one dwelling unit.
b. 
For residential customers where more than one dwelling unit on a premises is served by a single water connection, the fixed charge for sewer shall be the fixed charge times the number of dwelling units served by such single water connection.
c. 
For nonresidential customers, the fixed charge for sewer shall be the fixed charge times the meter ratios listed in the table below:
Meter Size
(inches)
Meter Ratios
5/8
1.0
3/4
1.5
1
2.5
1 1/2
5.5
2
8.0
3
14.5
4
20.0
6
30.0
8
50.0
10
70.0
(5) 
Where sewage disposal service is furnished for users not connected to the water supply system, or if connected to the water supply system but no meter is used to measure the quantity of water used, or for other uses of the sewage disposal service for which special consideration should be given, special sewer use rates may be fixed by the Board.
(6) 
In a case where a customer is connected to the Township water system but not to the Township sewer system, no commodity or fixed fee for sewer readiness-to-serve or sewer bond debt service will be charged.
(7) 
No free service shall be furnished to any person, or any public agency or department of such agency.
[Ord. No. 68, § 7.2, eff. 8-10-1979; Ord. No. 68-1, § 7.2, eff. 11-10-1980; Ord. No. 68-2, § 7.2, eff. 2-10-1982; Ord. No. 68-3, § 7.2, eff. 12-15-1982; Ord. No. 68-5, § 7.2, eff. 8-24-1983; Ord. No. 68-6, § 7.2, eff. 8-1-1984; Ord. No. 68-8, § 7.2, eff. 7-1-1985; Ord. No. 68-9, § 7.2, eff. 7-1-1986; Ord. No. 68-11, § 7.2, eff. 7-1-1987; Ord. No. 68-12, § 7.2, eff. 4-29-1988; Ord. No. 68-14, § 7.2, eff. 4-12-1989; Ord. No. 68-21, § 1(7.2), eff. 12-3-1998]
(a) 
Any nonresidential user discharging industrial wastes into the wastewater system shall pay a monthly charge as determined by water meter size set forth in subsection (b) 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 dwelling units served by such meter, or which are used only for fire protection purposes.
(b) 
Monthly charge.
[Amended 11-16-2015 by Ord. No. 153]
(1) 
The monthly charge shall be based upon the following meter sizes:
Nonresidential Meter Size
(inches)
5/8
3/4
1
1 1/2
2
3
4
6
8
10
12
14
16
18
20
24
30
36
48
(2) 
The monthly charge imposed by the Township based upon the above-referenced meter sizes shall be determined from time to time by resolution of the Township Board.
[Ord. No. 68, § 7.3, eff. 8-10-1979; Ord. No. 68-21, § 1(7.3), eff. 12-3-1998; 11-24-2020 by Ord. No. 186]
In addition to all other charges provided in this division, each premises connecting to the sewers of the wastewater system shall pay a connection fee for inspection of a tapping of each sewer service pipe to a public sanitary sewer. Such charge shall be paid in full at the time application for a permit for the connection is made. The applicant shall pay all costs of construction of such sewer connection. The connection fee will be updated by resolution of the Township Board of Trustees.
[1]
Editor's Note: Former Section 64-214, Sewer privilege fee, adopted by Ord. No. 68, § 7.4, effective 8-10-1979, as amended, was repealed 11-24-2020 by Ord. No. 186.
[1]
Editor's Note: Former Section 64-215, Sewer debt service charge, adopted by Ord. No. 68, § 7.5, effective 8-10-1979, as amended, was repealed 11-24-2020 by Ord. No. 186.
[Ord. No. 68, § 7.6, eff. 8-10-1979; Ord. No. 68-2, § 7.6, eff. 2-10-1982]
(a) 
The purpose of this section is the protection of public health and safety. Because of the widely varying quality characteristics of the sewage discharged by different users of the public sewer and the publicly owned treatment works, it is the objective of this section to impose sewage charges which reflect the cost of treating sewage strength factors as well as sewage volume. These charges to commercial and industrial users will be in the form of a payment called a surcharge and will reflect industries' equitable costs of wastewater treatment in excess of the strength of domestic sewage. Sewage charges will be based on a volume rate and surcharge based on volume of discharge and the strength of BOD, suspended solids, phosphorus and fats, oil and grease or other pollutants present in the wastewater. In the event other pollutants are required to be surcharged under this section, authorized variances, or by special arrangement with the owner of the publicly owned treatment works, the rules and regulations adopted in this article will apply. Such rules and regulations are on file with the township clerk.
(b) 
This section is adopted pursuant to and in accordance with the requirements of Federal Law - Public Act 92-500, and applicable federal regulations, the requirements of the Settlement Agreement in United States of America v City of Detroit, et al., Civil Action No. 771100.
(c) 
Unless the context specifically indicates otherwise, the meaning of the terms used in this section shall be as follows:
(1) 
BIOCHEMICAL OXYGEN DEMAND (BOD) — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration (milligrams per liter (mg/l)) as measured by standard methods.
(2) 
COMMERCIAL USER — All nondomestic sources of indirect discharge other than industrial users, as defined in subsection (c)(4) of this section, including but not limited to the following: a publicly or privately owned facility where persons are engaged in the exchange or sale of goods or services, hospitals, retail establishments, schools and facilities operated by local and state governments.
(3) 
INDIRECT DISCHARGE — The discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the Federal Water Pollution Control Act, P.O. 92-500, as amended, into the public waste treatment system.
(4) 
INDUSTRIAL USER — A source of indirect discharge under regulations issued pursuant to section 402 of the act (33 USC 1342) which source originates from, but is not limited to, facilities engaged in industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.
(5) 
INDUSTRIAL WASTE — Any liquid, solid or gaseous waste or form of energy or combination resulting from any process of industry, manufacturing, business, trade or research, including the development, recovery or processing of natural resources.
(6) 
P — Phosphorus in the waste expressed in terms of milligrams per liter (ppm).
(7) 
POLLUTANT — Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
(8) 
PUBLIC SEWER — A common sewer controlled by a governmental agency or public utility.
(9) 
SUSPENDED SOLIDS — The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering as measured according to standard methods.
(10) 
WASTEWATER OR SEWAGE — Spent water which may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions, or other land uses, including drainagewater inadvertently present in such waste.
(11) 
WASTEWATER SYSTEM OR SEWER SYSTEM — Any part, or all, of the property, structures, equipment, sewers, materials and/or appurtenances used in conjunction with the collection and disposal of wastewater, including the publicly owned treatment works (POTW).
(12) 
FATS, OIL AND GREASE — Shall be identical to the meaning attributable to such term or terms set forth in the City of Detroit Rules and Regulations governing implementation of surcharges.
(d) 
A schedule of industrial waste pollutant strength surcharges is adopted and made effective for users of the wastewater system of the township. The industrial waste pollutant strength surcharge shall be computed in accordance with the following formula:
(formula is missing)
SC
=
Pollutant strength surcharge fee in dollars for the billing period.
V
=
Volume of waste discharged in the billing period in Mcf (1,000 cubic feet).
BOD
=
Five-day biochemical oxygen demand of the waste expressed in milligrams per liter (ppm).
TSS
=
Total suspended solids in the waste expressed in milligrams per liter (ppm).
P
=
Phosphorus in the waste expressed in milligrams per liter (ppm).
FOG
=
Fats, oils and grease expressed in milligrams per liter (ppm).
a, b, c and d
=
Surcharge rates, $/pound for treating BOD, TSS, P and FOG respectively.
0.0624
=
Factor which converts Mcf to MM pounds:
a
=
$0.088/pound
b
=
0.121/pound
c
=
2.000/pound
d
=
0.030/pound
For purposes of surcharge computation, the values of pollutant strength shall not be less than the allowable values; the allowable values are:
BOD
=
275
TSS
=
350
P
=
12
FOG
=
100
The total sewage charge for a particular industry shall be the sum of the base flow charge and the surcharge shall be calculated from the following formula:
UC
=
V (R) + SC
Where:
UC
=
Total sewage charge for the billing period in dollars.
V
=
Volume of waste discharged in billing period of Mcf.
R
=
Basic flow sewage rate as set forth in section 64-211.
SC
=
Surcharge in dollars as computed above.
[Ord. No. 68, § 7.7, eff. 8-10-1979; Ord. No. 68-21, § 1(7.7), eff. 12-3-1998; 11-24-2020 by Ord. No. 186]
In addition to all other charges provided in this division, each premises connecting to the drainage water system shall pay a drain connection fee for inspection of each building service drain connection to the drainage system. Such charge shall be paid in full at the time that application for permit for the connection is made. The applicant shall pay for the entire cost of construction of such connection. The drain connection fee shall be updated by the Township Board of Trustees.
[Ord. No. 68, § 7.8, eff. 8-10-1979]
(a) 
Any person constructing additions, repairs, extensions or improvements to the drainage water system, the wastewater system or the water supply system shall request inspection of such construction by the municipality and shall pay to the municipality the cost of inspection as determined in Chesterfield Township Ordinance No. 45, as amended.
(b) 
No such additions, repairs, extensions or improvements to the wastewater system or water supply system shall be accepted for final connection to the systems until the inspection costs are paid in full.
[1]
Editor's Note: Former Sec. 64-219, Table of capacity unit factors for water system benefit fee and sewer system benefit fee, adopted by Ord. No. 68, § 7.9, effective 8-10-1979, as amended, was repealed 11-24-2020 by Ord. No. 186.
[Ord. No. 68, § 7.10, eff. 8-10-1979]
When water and/or sewer debt service charge payment by installment is approved by the board, the applicant shall execute an appropriate form of a debt service agreement and tax lien as follows:[1]
The superintendent of the water and sewer department shall execute the above debt service agreement and tax lien for and on behalf of the township and the collection and administration of accounts under such debt service agreement and tax lien shall be administered by the treasurer's office of the township. Any delinquency in payments and interest shall be recorded as a tax deficiency according to such agreement.
For the purpose of the debt service agreement and tax lien, an applicant shall be considered to be any person, as defined herein, who has a fee title interest in such property whether or not it be encumbered by a mortgage or other security interest.
Whenever an applicant is requesting water and/or sewer services and is subject to debt service charges, he shall be required to furnish a legal description of the parcel of land involved, clearly indicating the number of feet of such parcel which borders the easement and/or right-of-way in which the sewer is located.
[1]
Editor's Note: The Debt Service Agreement and Tax Lien Form is included as an attachment to this chapter.
[Ord. No. 68, § 7.11, eff. 8-10-1979]
Charges for water and sewage disposal service shall be collected quarterly; provided, however, billing may be monthly in such circumstances as are deemed advisable. Bills shall become due and payable when received and, if not paid by the due date, a 10% penalty shall be added to the bill.
[Ord. No. 68, § 7.12, eff. 8-10-1979; Ord. No. 68-13, § 7.12, eff. 4-27-1988; Ord. No. 68-21, § 1(7.12), eff. 12-3-1998]
(a) 
Charges for water and/or sewage disposal service and debt service charges shall constitute a lien on the property serviced, and if not paid within six months after the due date of the bill, shall be certified by the officer or employee charged with the duty of collecting such charges to the treasurer on or before March 1 of each year. The treasurer shall place the charges on the next general tax roll to be collected as a part of the general municipal taxes.
(b) 
The municipality shall have the right to shut off and discontinue the supply of water to any premises for the nonpayment, when due, of water use charges and/ or sewage disposal charges or other recurring charges. A fee shall be paid prior to turning on the water to such premises after discontinuation of services.
[Amended 11-24-2020 by Ord. No. 186]
(c) 
Where a user requests a periodic or seasonal shut off and resumption of water supply, the municipality shall charge a fee for such discontinuance and resumption.
[Amended 11-24-2020 by Ord. No. 186]
(d) 
All fees associated with this section will be updated by the Township Board of Trustees.
[Added 11-24-2020 by Ord. No. 186]
[Ord. No. 68, § 7.13, eff. 8-10-1979; Ord. No. 68-7, § 7.13, eff. 5-15-1985]
(a) 
Inability to comply. The owner of a structure who is unable to comply with the provisions of Act No. 368 of the Public Acts of Michigan of 1978 (MCLA § 333.1101 et seq.,) as amended, and Section 64-51, which require connection to an available wastewater system due to the inability of such owner or occupant to pay the requisite tap-in fees for connection, may have such tap-in fee payments deferred by application to the assessing officer and upon demonstration of hardship. For purposes of this section, the term "tap-in fees" shall mean the sewer connection fee and capital charge to be paid upon connection to the wastewater system under Sections 64-213 and 64-215.
[Amended 11-24-2020 by Ord. No. 186]
(b) 
Hardship. For purposes of this section, the term "hardship" shall exist when it is determined that payment of the tap-in fees by the owner of a structure will result in severe and extreme financial hardship upon the owner, and/or the owner is unable to comply due to financial reasons. Such determination shall be predicated upon financial information furnished by the applicant for hardship relief as to:
(1) 
The type, nature, amount and source of income for 12 months preceding the date of the application;
(2) 
The type and nature of the applicant's employment, if any; and
(3) 
The net financial worth of the applicant determined by a complete disclosure of all assets and liabilities.
The board may prepare and approve an application for mandatory sewer connection relief, which application shall require a complete disclosure of the foregoing information.
(c) 
Deferral of tap-in fee. Upon recommendation of the assessing officer who shall rely upon the financial information supplied to him by the applicant, the board may defer partial or total payment of the sewer tap-in fees as defined in section 64-213. As a condition to the granting of such deferred or partial payment of the tap-in fees, the board may require mortgage security on the real property of the applicant payable on or before death, or, in any event, on the sale or transfer of the property in question. All necessary costs incurred for title examination and recording fees shall be borne by the applicant.
[Added 1-29-2014 by Ord. No. 141]
Any and all rates, charges, fees or surcharges set forth in this article may be increased, decreased or otherwise adjusted by resolution of the Township Board of Trustees. Such resolution shall be posted in the office of the Township Clerk and on the Township's website within seven days of the adoption by the Board.