[Code 1979, § 2.122]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C. expressed in milligrams per liter.
A charge levied on users of treatment works for the purpose
of meeting the bonded indebtedness payment schedule due to the construction
of the treatment works.
The City engineer and such other persons or officers of the
City as the Council may from time to time designate.
Industrial cost recovery.
Any user identified in the Standard Industrial Classification
Manual, 1972, Office of Management and Budget, as now or hereafter
amended or supplemented under the following divisions:
Those costs which are borne in their entirety by the City
and include all expenses incurred up to the point of delivery to the
regional system.
A device to measure the quantity of water or wastewater passing
through it.
All costs for labor, power, chemicals, materials and supplies,
replacements, contractual services, billing and administration chargeable
to wastewater operations.
A structure which cannot be completely divided in its present
utilitarian condition through sale. The following are examples of
what is meant by premises:
A building under one roof, owned, leased or occupied
by one party as one business or residence.
A combination of residential buildings or commercial
buildings, leased or occupied by one party in one common enclosure.
The one side of a double house having a solid
vertical partition wall.
A building owned by one party having more than
one internal division such as apartments, offices, stores, etc., and
which may have a common or separate entrance.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the service life of the
treatment works to maintain the capacity and performance, for which
such works were designed and constructed.
Any user introducing into the sewerage system domestic strength
wastes from a premises used for family living.
The basic charges levied on users of the public sewer system.
A charge in addition to the service charge which is levied
on those persons whose wastes are greater in strength than normal
strength domestic wastes.
Solids that either float on the surface of, or are in suspension
in, water, sewage or other liquids, and which are removable by laboratory
filtering.
A charge levied on users of treatment works for the cost
of operation and maintenance of such works.
[Code 1979, § 2.121]
It is hereby determined to be desirable and necessary, for the
public health, safety and welfare of the City, that public sanitary
sewer collection and disposal facilities serving residents of the
City be operated on a public utility rate basis in accordance with
the provisions of Act No. 94 of the Public Acts of Michigan of 1933
(MCL 141.101 et seq., MSA 5.2731 et seq.), as amended, and applicable
federal regulations.
[Code 1979, § 2.123]
The operation and maintenance of the system shall be under the
supervision and control of the City.
[Code 1979, § 2.124]
Each premises abutting a public gravity sanitary sewer line
within the City which is required to connect to the sanitary sewer
line by the provisions of this chapter shall pay a use charge based
on the rates set forth in this chapter. The charge shall be due and
payable and commence as of the date the premises are connected to
the system.
[Code 1979, § 2.125]
The wastewater service charge for the use of and for service
supplied by the wastewater facilities of the City shall consist of
basic user charge for operation and maintenance plus replacement and
a surcharge, if applicable. The operation and maintenance and replacement
costs shall be computed as follows:
(1)
Estimate the projected annual expenditures required
to operate and maintain the wastewater facilities including a replacement
fund for the year, for all works categories.
(2)
Proportion the estimated costs of the wastewater facility
categories by volume.
(3)
Estimate wastewater volume.
(4)
Proportion the estimated costs to nonindustrial and
industrial users by volume.
(5)
Compute costs per 1,000 gallons of metered water used.
(6)
Additional operation, maintenance, replacement and
debt service charges levied by the City of Owosso and Township of
Caledonia shall be included as a part of the total City cost of a
similar nature.
[Code 1979, § 2.126]
The basic user charge for wastes having normal concentrations
shall be based on either:
(1)
Premises connected to City water system: Water usage
as recorded by water meters.
(2)
Premises not connected to City water system:
a.
A flat rate which shall be set by the Council in accordance
with exhibit A, the table of equivalent use factors, on file in City
hall.
b.
A meter may be installed at the request of the owner,
and at his expense, on the private water supply. All installation,
repairs, maintenance and other service costs shall be paid by the
owner.
(3)
Installation of sewage meter. At the discretion of
the owner of the premises and at the owner's cost, a sewage meter
may be installed in the sewer line of the premises which shall be
used to establish the use charges and any other applicable rates.
The meter shall be of the type approved by the engineer. All installation,
repairs, maintenance and other service costs shall be paid for by
the owner. During periods when the meter is deemed inaccurate or is
out of service, the rate structure shall revert to previous averages
based on City records or on the basis of metered water.
[Code 1979, § 2.127]
A debt service charge shall be levied on every user based upon
the average annual principal and interest requirements and billable
flows.
[Code 1979, § 2.128]
A surcharge shall be levied and passed on to those users designated
by the City of Owosso for discharging extra strength wastes based
upon the applicable City of Owosso ordinance which may be amended
from time to time.
[Code 1979, § 2.129]
When an industrial user, as defined in 40 CFR 35.905-8, requests
connection to the public sewage collection and disposal system, an
industrial cost recovery system must be developed in accordance with
40 CFR 35.928. Any user discharging less than the equivalent of 25,000
gallons per day shall be exempt from ICR provided its waste discharge
does not contain pollutants which are toxic or incompatible, interfere
with treatment works processes or may otherwise contaminate or reduce
the utility of the sludge.
[Code 1979, § 2.130]
The adequacy of the wastewater service charge shall be reviewed
annually by the certified public accountant for the City in the annual
audit report. The wastewater service charge shall be revised periodically
to reflect a change in debt service or a change in operation and maintenance
costs including replacement costs in accordance with applicable federal
regulations.
[Code 1979, § 2.131]
In addition to the user charges established in this article users of the system shall pay, for the privilege of connecting to the system, due and payable at time application is made for connection to the system, charges as provided for in Article VI of this chapter.
[Code 1979, § 2.132]
The use rates, special rates and any fees and/or surcharges
to be imposed by this article shall be in accordance with the respective
schedule for such charges as established by the Council from time
to time. Any changes of such charges shall be established pursuant
to resolution of the Council.
[Code 1979, § 2.133]
The charges for services which are under the provisions of § 21,
Act No. 94 of the Public Acts of Michigan of 1933 (MCL 141.101 et
seq., MSA 5.2731 et seq.), as amended, made a lien on all premises
served thereby, unless notice is given that a tenant is responsible,
are hereby recognized to constitute such lien, and whenever any such
charge against any piece of property shall be delinquent for six months,
the City official in charge of the collection thereof shall certify
annually on April 1 of each year, to the tax assessor's office
of the City the facts of such delinquency, whereupon such charge shall
be by him entered upon the tax roll as a charge against such premises
and shall be collected and the lien thereof enforced, in the same
manner as general City taxes against such premises are collected and
the lien enforced. However, where notice is given that a tenant is
responsible for such charges and service as provided by § 21,
no further service shall be rendered such premises until a cash deposit
in the amount of $100 shall have been made as security for payment
of such charges and service. In addition to the foregoing, the City
shall have the right to discontinue sewer and/or water service to
any premises for which charges for sewer service are more than three
months delinquent, and such service shall not be reestablished until
all delinquent charges and penalties and a turn-on charge including
labor and material charges to be specified by the City Council have
been paid. Further, such charges and penalties may be recovered by
the City by court action.
[Code 1979, § 2.134]
No free service shall be furnished by the sanitary sewer system
to any person, firm or corporation, public or private, or to any public
agency or instrumentality.
[Code 1979, § 2.135]
The system shall be operated on the basis of an operating year
commencing on July 1 and ending on June 30 of the following year.
[Code 1979, § 2.136]
Bills will be rendered quarterly and payable without penalty
within 30 days after the date thereon. Payments received after such
period shall bear a penalty of 10% of the amount of the bill.
[Code 1979, § 2.137]
The treasurer of the City shall be custodian of all monies of
the City belonging to, or associated with, the system and such monies
shall be deposited in any Michigan bank, duly designated by the Council,
which is insured by the Federal Deposit Insurance Corporation.
[Code 1979, § 2.138]
The owner of any premises which have been assessed any charges
under this article or any ordinance with regard to the sewer system
may submit a hardship application to the City seeking a deferment
in the partial or total payments of the charges based upon a showing
of financial hardship subject to and in accordance with the following:
(1)
The owner of the premises shall complete a hardship
application provided by the Council and file the application together
with all other information and documentation reasonably required by
the City with the Council not less than 60 days prior to the date
of the annual installment due. Any such deferment shall be for that
annual installment only. An application shall be completed and filed
by each and every legal and equitable interest holder in the premises
so assessed, except financial institutions having security interest
in the premises.
(2)
Hardship applications shall be reviewed by the Council
and after due deliberation of hardship applications, the Council shall
determine in each case whether there has been an adequate showing
of financial hardship and shall forthwith notify the applicant of
the determination.
(3)
An applicant aggrieved by the determination of the
Council may request the opportunity to appear before the Council in
person for the purpose of showing hardship and presenting any argument
of additional evidence. Denial of hardship following such a personal
appearance before the Council shall be final and conclusive.
(4)
If the Council makes a finding of hardship, the Council
shall fix the amount of deferment of partial or total charges so imposed
and in so doing shall require an annual filing of financial status
by each applicant, provided that upon any material change of the financial
status of an applicant, the applicant shall immediately notify the
assessor so that a further review of the matter may be made by the
Council 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 receiving a determination of the Council deferring
partial or total charges imposed, the owners of the premises shall,
within one month, execute a recordable security interest on the premises
to the City as the secured party, payable on or before the death of
any of the applicants, or in any event upon any transfer of the premises.
The security interest shall be in an amount necessary to cover all
fees and charges required under the ordinance, the consideration for
the security interest being the grants of deferment pursuant to this
article.
