[HISTORY: Adopted by the Village Council
of the Village of Bellevue at time of adoption of Code (see Ch. 1,
General Provisions, Art. I). Amendments noted where applicable.]
No person shall hereafter make connection of
a building sewer to the public sewer system of the Village of Bellevue
without complying with all of the terms of this chapter.
A.
ADMINISTRATOR (OF USEPA)
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COMPATIBLE POLLUTANT
DEPARTMENT
GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL COST RECOVERY
INDUSTRIAL USER
(1)
(2)
INDUSTRIAL WASTES
MAINTENANCE
MAJOR CONTRIBUTING INDUSTRY
(1)
(2)
(3)
(4)
NATURAL OUTLET
NPDES PERMIT
OPERATION
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
REPLACEMENT
SEWER
STORM SEWER or STORM DRAIN
SUSPENDED SOLIDS
SYSTEM
USER CHARGE
USER CLASS
VILLAGE
WASTEWATER
WASTEWATER TREATMENT PLANT
WASTEWATER WORKS
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of the terms used in this chapter shall be as follows:
The Administrator of the United States Environmental Protection
Agency.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drain pipes
inside the walls of the building and conveys it to the building sewer,
beginning approximately five feet outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal.
For purposes of establishing federal requirements for pretreatment,
the term "compatible pollutant" means biochemical oxygen demand, suspended
solids pH and fecal coliform bacteria, plus additional pollutants
identified in NPDES permit if the publicly owned treatment works were
designed to treat such pollutants, and in fact does remove such pollutants
to a substantial degree. Examples of such additional pollutants may
include chemical oxygen demand; total organic carbon; phosphorus compounds;
nitrogen and nitrogen compounds; fats, oils, greases of animal or
vegetable origin except those that would interfere with the operation
or performance of the treatment works.
The Village of Bellevue Public Works Department.
Solid wastes from the preparation, cooking and dispensing
of food, and from the handling, storage, processing and sale of perishable
produce.
Any pollutant that is not a compatible pollutant.
The recovery by the grantee (Village of Bellevue) from the
industrial users of a treatment works of the grant amount allocable
to the treatment of wastes from such users pursuant to Section 204(b)
of the Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as amended by the Federal Water Pollution Control Act Amendments
of 1972 (Pub. L. 92-500) and Pub. L. 93-2k3 and the subpart published
in the Federal Register on February 11, 1974.
Any nongovernmental use of publicly owned treatment
works identified in the Standard Industrial Classification Manual,
1972, Office of Management and Budget, as amended and supplemented,
under the following divisions:
A user in the divisions listed may be excluded
if it is determined that it will introduce primarily segregated domestic
wastes or wastes from sanitary conveniences.
The liquid wastes, solids, or semisolid from industrial processes
as distinct from domestic sanitary wastewater.
The cost of keeping the waste treatment works in a state
of good repair for efficient operation.
An industrial user of the publicly owned treatment works
that:
Has a flow of 50,000 gallons or more per average
workday;
Has a flow greater than 5% of the flow carried
by the municipal system receiving the waste;
Has in its waste, a toxic pollutant in toxic
amounts as defined in standards issued under Section 307(a) of the
Federal Water Pollution Control Act; or
Is found by the permit issuance authority, in
connection with the issuance of an NPDES permit to the publicly owned
treatment works receiving the waste, to have significant impact, either
singly or in combination with other contributing industries, on that
treatment works or upon the quality of effluent from that treatment
works.
Any outlet into a watercourse, pond, ditch, lake or other
body of water, either surface or groundwater.
The Federal permit issued by the State of Michigan authorizing
the Village of Bellevue to discharge treated wastewater into the Battle
Creek River.
The cost of providing staff, utilities, chemicals, supplies,
etc., for treating wastewater.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the cooking, preparation and dispensing of
food that has been cut or shredded to such a degree that all particles
will be carried freely under flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any
dimension.
A sewer that carries wastewater and to which storm- , surface
and ground waters are not intentionally admitted.
The expenditures for obtaining and installing equipment,
accessories, or appurtenances that are necessary during the service
life of the treatment works to maintain the capacity and performance
for which such works were designed and constructed. The term "operation
and maintenance" includes replacement.
Any pipe, tile, tubes, or conduit for carrying wastewater.
A sewer which carries storm- and surface waters and drainage
but which excludes wastewater and polluted industrial wastes.
The solids that either float on the surface of or are suspended
in water, wastewater, or other liquids, and which are removable by
laboratory filtering.
Any and all parts of the Village's wastewater treatment system.
A charge levied on users of a treatment works for the cost
of operation and maintenance of such works.
A division of users into categories having similar flows
and wastewater characteristics (i.e., residential, commercial, industrial,
institutional and governmental).
The Bellevue Village Council or its duly designated representative.
Any combination of water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground- , surface and storm waters as may be present.
Any arrangement of devices and structures used for treating
wastewater.
All facilities for collecting, pumping, treating and disposing
of wastewater.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
Word usage. "Shall" is mandatory. "May" is permissive.
A.
It shall be unlawful for any person to place or deposit
or permit to be deposited in any area under the jurisdiction of the
Village for discharge into any natural watercourse any substance which
is injurious to the public health or detrimental to the public welfare.
B.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purpose, situated
within the Village and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Village, is hereby required at his expense to
install suitable toilet facilities and other sanitary conveniences
therein, and to connect such facilities directly with the public sewer
in accordance with the provisions of this chapter. The Village Council
may require any such owner, pursuant to the authority conferred upon
it by law or ordinance, to make such installation or connection.
C.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, cooling water
or unpolluted industrial process waters into any sanitary sewer.
D.
Stormwater and all other unpolluted drainage shall
be discharged into such sewers as are specifically designated as combined
sewers or storm sewers or to a natural outlet approved by the Village.
Industrial cooling water or unpolluted process waters may be discharged,
upon approval of the Village into a storm sewer, combined sewer or
natural outlet.
E.
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described waters or
wastes into any public sewer:
(1)
Any liquid or vapor having a temperature higher than
150º F., or lower than 30º F.
(2)
Any water or waste which may contain more than 50
parts per million, by weight, of fat, oil or grease.
(3)
Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas.
(4)
Any garbage that has not been properly shredded.
(5)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, wood pulp, paunch manure,
or any solid or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of the wastewater works.
(6)
Any waters or wastes having a pH lower than 5.5 or
higher than 10.5 or having any other corrosive properties capable
of causing damage or hazards to the structures, equipment or personnel
of the wastewater works.
(7)
Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, fish
or aquatic life or create any hazard in any receiving waters or in
the wastewater treatment plant.
(8)
Any waters or wastes containing cyanide, hexavalent
chromium or copper wastes.
(9)
Any waters or wastes containing suspended solids of
such character or quantity that unusual attention or expense is required
to handle such materials at the wastewater treatment plant.
(10)
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
(11)
Any waters or wastes that shall exceed any limitations
set forth by state or federal regulations, including the NPDES permit
requirements and pretreatments standards governing discharges into
any public sewer.
F.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Village, they are necessary for the proper
handling of liquid wastes containing grease, excessive amounts of
any flammable wastes, sand, or other harmful ingredients, except that
such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Village and shall be located so as to be readily accessible
for cleaning and inspection. Grease and oil interceptors shall be
constructed of impervious materials capable of withstanding abrupt
and extreme changes in temperature. They shall be substantially constructed,
watertight, and equipped with easily removable covers which when bolted
in place shall be gastight and watertight.
G.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner at the owner's expense and shall
be in continuously efficient operation at all times.
H.
Admission into waters; approval by Village.
(1)
The admission into the public sewers of any waters or wastes having a five-day BOD greater than 200 milligrams per liter; containing more than 250 milligrams per liter of suspended solids; containing more than 1,000 milligrams per liter of total solids; having a chlorine demand of more that 15 milligrams per liter; containing any quantity or substance having a characteristic description in Subsection E; or having a daily average flow greater than 2% of the average daily wastewater flow of the Village shall be subject to the review and approval of the Village.
(2)
Where necessary, in the opinion of the Village, the
owner shall provide, at his expense, such preliminary treatment as
may be necessary to:
(a)
Reduce the BOD to 200 milligrams per liter,
the suspended solids to 250 milligrams per liter, total solids to
1,000 milligrams per liter, and the chlorine demand to 15 milligrams
per liter; or
(b)
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection E; or
(c)
Control the quantities and rates of discharge
of such waters or wastes.
(3)
Plans, specifications and other pertinent information
relating to proposed preliminary treatment facilities shall be submitted
for approval to the Village, and no construction of such facilities
shall be commenced until such approvals are obtained in writing. The
Village shall also have the right to:
I.
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained in satisfactory
and effective operation by the owner at the owner's expense.
J.
When required by the Village, the owner of any property
served by a building sewer carrying industrial wastes shall install
a suitable control manhole in the building sewer to facilitate observations,
sampling and measurement of wastes. Such manhole, when required, shall
be accessibly and safely located, and shall be constructed in accordance
with plans approved by the Village. The manhole shall be installed
by the owner at the owner's expense and shall be maintained by the
owner so as to be safe and accessible at all times.
K.
All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in Subsections E and H of this section shall be determined in accordance with Standard Methods for the Examination of Water and Sewage, and also be in conformance with Guidelines Establishing Test Procedures for Analysis of Pollutants, as published in 40 CFR, Part 136, dated October 16, 1973, and shall be determined at the control manhole provided for in Subsection J of this section or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
L.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Village
and any industrial concern whereby an industrial waste of unusual
strength or character, i.e., exceeding specific strengths or concentrations
as heretofore provided in this section, may be accepted by the Village
for treatment, subject to the payment by the industrial concern of
the estimated cost of such treatment and such charges for industrial
waste cost recovery as are applicable. Any special contract entered
into will be subject to all of the provisions and rates set forth
in this or other applicable ordinances and resolutions of the Village.
M.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part of the municipal
wastewater system or treatment plant.
A.
Application for wastewater connections shall be made
to the Department on forms prescribed and furnished by it. The Department
may refuse to authorize a larger service pipe than reasonably required
by the premises served. Wastewater connections shall be installed
in accordance with rules and regulations of the Department and upon
payment of the required connection fee and meter installation fee.
All wastewater connections shall be the property of the Village. Connection
fees shall not be less than the cost of materials, installation and
overhead attributable to such installations.
B.
The connection fee will be set by the Village Council on an annual basis. A connection fee will be established both for properties that have been special assessed for the installation of the system, as set forth in this chapter and Chapter 125, Special Assessment, and for properties that have not been special assessed for the installation of the system.
C.
The Village is the owner of the wastewater service
to property line.
No provision contained in this chapter shall
be construed to interfere with any additional regulations or requirements
that may be imposed by the Village Council, County of Eaton, the State
Health Department or any other lawfully constituted authority with
respect to public or private wastewater disposal.
[Amended 1-14-2014 by Ord. No. 2014-001]
A.
Connecting.
(1)
Any property that wishes to connect to the public wastewater system
of the Village of Bellevue must be within the Village limits. If the
property is not within the Village limits, then it must be annexed
into the Village before being allowed to connect to the system.
(2)
Except as otherwise provided in this section, new sewer connections
are mandatory; provided that capacity is available in downstream sewers,
lift stations, pumping stations, force mains and the sewage treatment
plant, including pollutant-removal capacity for BOD and suspended
solids. Except as otherwise provided in this section, no property
may be developed within the Village without being connected to the
system.
B.
Payment of fee for survey and cost estimate. Any property owner in
the Village who shall desire to make use of the Village wastewater
system in an area not now serviced by the system shall pay a fee,
as set by the Village Council on an annual basis. This fee will be
for the initial survey and cost estimate to construct the proposed
extension of the system. The fee shall be applied upon the cost of
extension if carried out or retained by the Village if the applicant
decides to abandon the plan for the extension. The Village will, as
soon as possible, notify the property owner of the cost of the extension,
and the property owner shall within 90 days thereafter pay to the
Village Clerk the total cost of the extension. Upon receipt of payment,
the Village shall begin and complete the extension of the wastewater
system as requested by the property owner.
C.
Additional benefited property. All property that an extension of the wastewater system will benefit shall be special assessed as set forth in Chapter 125, Special Assessment, of the Code of the Village of Bellevue.
D.
Permit required. No person other than the Village shall construct
any extension of the wastewater system of the Village without first
securing a permit from the Village Clerk. No permit shall be granted
if the Village is willing and able to make the extension.
E.
Application for permit. Any person desiring a permit for an extension
under this chapter shall file an application with the Village Clerk
and shall furnish with the application complete engineered plans and
specifications duly approved by the State Department of Health, which
plans and specifications shall be turned over to the Village Engineer
for examination and review.
F.
Permit fee. The permit applicant shall pay to the Village Clerk a
fee as set by the Village Council on an annual basis to cover the
costs and expenses of the examination and review of the plans and
specifications by the Village Engineer, and if the fee is not sufficient
to pay all the costs of the examination and review, said applicant
shall pay the remainder thereof. No permit therefor shall be granted
until the plans and specifications have been approved by the Village
Engineer and the entire fee paid.
G.
Review of plan. In examining and reviewing the plans and specifications,
the Village Engineer shall:
(1)
See that the plans and specifications comply with this chapter, the
statutes of the state and the rules and regulations of the State Department
of Health, the Department of Environmental Quality and any other state
or county agency having any jurisdiction in regard thereto.
(2)
See that the extension has adequate capacity to serve not only the
applicant's property and development, but also the foreseeable
development along the extension.
(3)
See that the wastewater line to which the extension is connected
has adequate capacity to assume the added burden of the extension.
H.
Bonds and insurance required. Before any construction under the permit
issued pursuant to this chapter is started, the contractor of the
project shall furnish to the Village such bonds and insurance as would
be required of the contractor if the contract were with the Village.
I.
Securing of permits and easements. The permittee under this chapter
shall secure all permits, licenses and easements required in the extension.
J.
Testing of completed construction. Construction shall be completed
according to the plans and specifications submitted pursuant to this
chapter, and shall be subject to examination and testing by the Village
Engineer, whose expenses and fees shall be paid by the permittee as
part of the expense of the extension.
K.
Route. Construction of the extension pursuant to this chapter may
be along and in the right-of-way of the public streets and alleys
of the Village or on private easements across private ground, provided
that the Village has use of the easements for repair or alteration
of the line or to connect into the lines.
L.
Replacement of streets and sidewalks. The surface of all streets,
alleys, sidewalks, etc., disturbed in the construction under this
chapter shall be replaced and put in like condition as before the
construction was started, and all fills in streets and alleys shall
be backfilled with sand.
M.
Acceptance by Village. When the construction under this chapter is
completed and is connected to the Village wastewater system, and the
Village has accepted it, the extension shall become and be the property
under the jurisdiction, maintenance and control of the Village.
N.
Rights of abutting property owners. Any owner of property along the route of the extension must tap into and use the extended line, unless already connected to the system, provided that they have paid the special assessment provided for in Subsection C of this section.
O.
Any property that, as of November 1, 2013, or any property that is
annexed to the Village as of the date of annexation, was connected
to a satisfactory private sewage disposal system (i.e., septic tank,
cesspool, or other facility intended to be used for the private disposal
of sanitary sewage) that has been approved by all applicable state
and local governmental agencies, shall not be required to connect
to the public wastewater system unless or until the private sewage
disposal system ceases to operate for more than one year, or incurs
a substantial failure as determined by an appropriate county health
department or Village official, and further provided that capacity
is available. In the event that a private sewage disposal system ceases
to operate for more than one year, or incurs a substantial failure
as determined by an appropriate Village or county health department
official, and capacity is available, the private sewage disposal system
shall be discontinued and abandoned, and filled with suitable materials,
and the property connected to the public wastewater system. The owner
of a private sewage disposal system as described in this section which
ceases to operate for more than one year, or incurs a substantial
failure as determined by an appropriate county health department or
Village official, shall not repair or replace the system unless capacity
in the public wastewater system is not available and the owner receives
prior written approval from the Village Council, and instead shall
proceed with the discontinuation, abandonment and filling of the private
sewage disposal system. Otherwise, nothing in this chapter shall be
construed to prevent the repair or maintenance of a private sewage
disposal system, or to prevent the development of a property connected
to a private sewage disposal system.
[Amended 6-12-2017 by Ord. No. 2017-001]
A.
Dates of billing. Charges for the use of the Village wastewater system
shall be made on a quarterly basis with the first quarter ending on
March 31 of each year, the second quarter ending on June 30 of each
year, the third quarter ending on September 30 of each year, and the
fourth ending on December 31 of each year. Charges for usage shall
be made at the close of each of the aforesaid quarters, or as near
to as possible, and shall be based on the volume of usage for that
quarter as indicated by the water meter.
B.
Billing rates for usage.
(1)
The Village Council, by resolution, shall adopt a schedule for the
billing rates, including minimums based upon a benefit schedule adopted
by the Village Council, for wastewater usage annually. This will be
done during the fourth quarter of the calendar year. The new billing
rates shall take effect immediately and will be reflected in all utility
bills following the adoption of the new rate schedule.
(2)
No free service shall be furnished by said system to any person,
firm or corporation, public or private, or to any public agency or
instrumentality.
(3)
It is required that the rates set by the schedule adopted by the
Village Council are estimated to be sufficient to provide for the
payment of the expenses of administration and operation and such expenses
for maintenance of the system as are necessary to preserve the same
in good repair and working order.
(4)
The Village Council, by resolution, shall adopt a benefit schedule,
including the quarterly capital improvement charge(s) that each premises
shall pay per benefit unit, as established in the schedule, with said
capital improvement charge to be placed upon each quarterly billing.
C.
Past-due accounts.
(1)
Wastewater bills which are not paid within two months of the date
thereof shall be subject to a late charge of 10% of the face amount
of the bill.
(2)
Any consumer who shall be in default of payment by more than one
quarterly bill shall be subject to having the water service disconnected,
and such service shall not be reconnected until all bills thereon
are paid in full, including a fee for reconnection, which shall be
set by the Village Council on an annual basis.
(3)
The owner of property shall be liable for all wastewater bills incurred
for said property regardless of whether such owner uses the property
or rents it to another party.
D.
Special billing procedures.
(1)
If a property owner requests the Village to call in an employee outside
of normal working hours for that Department, then the property owner
will be billed for all charges associated with the call in.
(2)
For miscellaneous or special services for which a special rate shall
be established, such rates shall be set by the schedule adopted by
resolution of the Village Council.
(3)
Wastewater services supplied to a building, all or part of which
is rented, shall normally be charged to the owner or his agent. At
its discretion, the Department may, upon written request of the property
owner, render wastewater bills to tenants. In all cases, however,
the property owner shall be held liable for payment of charges due
for services supplied to such premises and shall be held responsible
for all violations of rules by tenants.
(4)
First and final bills shall be prorated so as to adjust the bill
to the period for which service was rendered.
E.
Unpaid charges to become lien upon property. All rates, charges and/or
fines referred to in this chapter shall constitute a lien on the real
estate served and shall be collectable in the same manner as Village
taxes or by suit of law.
A.
Any person violating any of the provisions of this
chapter, or the rules and regulations adopted hereunder, who shall
refuse to allow the Wastewater Inspector access to the premises as
provided herein, shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than $500, or imprisonment
of not more than 90 days, or both such fine and imprisonment, plus
costs of prosecution and court costs.
B.
Each day that a violation of any provisions of this
chapter is permitted to occur shall constitute a separate offense.
C.
Any person violating any of the provisions of this
chapter shall become liable to the Village for any expense, loss or
damage occasioned the Village by reason of such violation.
A prosecution which is pending on the effective
date of this chapter and which arose from violation of an ordinance
repealed by this chapter, or prosecution which is started within one
year after the effective date of this chapter arising from a violation
of an ordinance repealed by ordinance and which was committed prior
to the effective date of this chapter, shall be tried and determined
exactly as if the ordinance had not been repealed.