City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 350 of the 1984 Code. Amendments noted where applicable.]
CHARTER REFERENCES
Department of Water and Sewers — See Ch. 7, Sec. 7.12.
Water system — See Ch. 14, Sec. 14.2.
GENERAL REFERENCES
Sewers — See Ch. 256.
Disposal of wastewater from swimming pools — See Ch. 300.

§ 350-1 Word usage; definitions.

A. 
For the purpose of this chapter, the following rules of construction shall apply:
(1) 
Words used in the present tense include the future tense.
(2) 
Words used in the singular include the plural, unless the context clearly indicates the contrary.
(3) 
The term "shall" is always mandatory and not discretionary.
(4) 
The word "may" is permissive.
(5) 
A word or term not interpreted or defined by this chapter shall be used with a meaning of common or standard utilization.
B. 
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
BUILDING
Any structure, including a mobile home, that requires a supply of potable water and/or a means of disposal of wastewater.
CAPITAL EXPENDITURES
Expenditures, including principal and interest on bonds, which are made for additions to or improvements of the systems.
CONTRACTUAL OBLIGATIONS
The payments required to be made by the City of Roseville to the County of Macomb pursuant to the provisions of existing sewer contracts between said parties for the financing of improvements to the systems under the provisions of Act 342 of the Public Acts of Michigan 1939, as amended.[1]
DEPARTMENT
The Department of Water and Sewers charged with operating and maintaining the wastewater system.
DIRECTOR
The person appointed by the city to manage the Department of Water and Sewers.
[Amended 7-27-1999 by Ord. No. 1125]
DWELLING UNIT
A building, or a unit thereof, including an apartment, house trailer or mobile home, occupied by one or more persons as a residence, with a single set of culinary facilities, intended for a single family.
INDUSTRIAL SEWAGE or INDUSTRIAL WASTE
Any liquid containing waterborne process wastes from industrial sources.
MUNICIPALITY
The City of Roseville, County of Macomb, State of Michigan.
OPERATION AND MAINTENANCE COSTS
All direct and/or indirect costs, other than debt service, necessary to ensure adequate wastewater collection and treatment on a continuing basis in conformance with related federal, state and local requirements. These costs include replacement costs and payments made to other agencies for wastewater disposal.
PERSON
Any individual, firm, company, association, society, corporation or other legal entity.
PREMISES
A parcel of real estate owned by a person served as a single user by a wastewater disposal outlet. Each mobile home is considered separately as a premises.
RECURRING RATES AND CHARGES
Sewer use rates and any other rates and charges hereinafter established or established by resolution of the City Council, which are payable in installments or on a recurring basis.
REPLACEMENT COSTS
Expenditures for obtaining and installing replacement equipment, accessories or appurtenances that are necessary to maintain the capacity and performance of the existing systems.
SANITARY SEWAGE
Usual domestic sewage or equivalent sewage, not including industrial sewage as herein defined, from all sources.
SANITARY SEWER OR SEWER
A pipe or conduit that carries sanitary sewage.
SYSTEM
The wastewater system.
USER
The owner or occupant of any premises connected to and/or using any of the facilities operated by the Department of Water and Sewers.
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 uses, including drainage water inadvertently present in said waste.
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.
[1]
Editor's Note: See MSA § 5.276(1) through (16); MCL § 46.171 et seq.

§ 350-2 Operation; financial management.

A. 
Operation. The operation, maintenance, alteration, repair and management of the system shall be under the supervision and control of the City Council or such agency or department of the city as it may designate. The city may employ a Director of the Department of Water and Sewers to manage the Department and such other person or persons as it deems advisable to carry on the maintenance and operation of the Department.
B. 
Allocation of revenues. All revenues of the system shall be deposited in a qualified depository designated by the city and in an account designated "Sewage Disposal System Receiving Fund," hereinafter referred to as the "Receiving Fund."
(1) 
Operation and Maintenance Fund.
(a) 
There shall be first allocated from the Receiving Fund and deposited in a separate account designated the "Operation and Maintenance Fund" sufficient sums to pay the anticipated expenses of operation, maintenance and administration of the sewer system. Charges imposed by the South Macomb Sanitary District for wastewater disposal to the city shall be considered operational expenses, and an amount sufficient to pay said charges and rates during said period shall likewise be set aside into said fund.
(b) 
For budgeting and rate-setting purposes, accounting records that separate sewer system expenses from water supply expenses shall be kept. The city shall set rates and charges so that wastewater system rates and charges are sufficient to cover the operation and maintenance costs of the wastewater system.
(c) 
The Director, based upon the costs of the prior year and anticipated costs for the ensuing year, shall annually recommend a separate budget for each system to the City Council. If the costs of the prior year or the recommended budget for the ensuing year indicates a deficiency of revenues to meet the costs in either system, the City Council shall adjust the rates and charges for the system or systems to eliminate said deficiency. The rates and charges shall be in relation to the costs incurred to provide services to each user.
(2) 
Reserve Fund. Out of revenues remaining in the Receiving Fund after provision has been made for the Operation and Maintenance Fund, there shall be established and maintained a separate account designated the "Reserve Fund." Funds deposited in the Reserve Fund may be transferred to the Operation and Maintenance Fund of the Department of Water and Sewers in ensuing years to offset increased costs for the operation and administration of the Department of Water and Sewers.
[Amended 3-12-1991 by Ord. No. 1016]
C. 
Investments. Moneys in funds of the systems may be invested in accordance with applicable state statutes and the limitations imposed therein. Income received from such investments shall be credited to the Receiving Fund.
D. 
Annual statements and audits.
(1) 
All accounting for revenues generated by the systems shall be based on a fiscal year commencing on July 1 and ending on June 30.
(2) 
The city shall maintain and keep books of record and account, in which shall be made full and correct entries of all transactions relating to the wastewater and water supply systems. Not later than three months after the end of each fiscal year, the city shall cause to be prepared a statement showing the cash income and disbursements of the systems at the beginning and end of the fiscal year and such other information as may be necessary to enable any person to be fully informed as to all matters pertaining to the fiscal operation of the systems during such year. Such annual statement shall be filed in the office of the Clerk and shall be open to public inspection. Such books of record and account shall be audited annually by a certified public accountant to be designated by the City Council. A certified copy of such audit shall be filed with the Clerk.

§ 350-3 Use rates; permit fee.

A. 
Sewer use rate (sewage disposal charge).
[Amended 5-24-1983 by Ord. No. 885; 9-25-1984 by Ord.No. 907]
(1) 
Except as herein otherwise provided, sewage disposal service provided by the wastewater system shall be paid by the owner or occupant of each lot or parcel of land, building or premises having a connection with the wastewater system on the basis of the water meter readings for water used. The sewage disposal charge per quarter shall be composed of the following:
(a) 
A minimum charge per quarter as provided in Chapter 133, Fees, shall be charged to offset the fixed expenses for operations, maintenance and replacement of the system and shall be called the “readiness to serve charge.”
[Amended 7-27-1999 by Ord. No. 1125; 6-23-2009 by Ord. No. 1223]
(b) 
The second charge shall be based on an amount established from time to time by Council per 100 cubic feet of water consumed per quarter to offset the operation and maintenance expenses of the Department of Water and Sewers.
[Amended 7-27-1999 by Ord. No. 1125]
(c) 
The third charge shall be based on an amount established from time to time by Council per 100 cubic feet of water consumed and shall be called the "regional treatment charge" to offset the wholesale cost of wastewater disposal to the South Macomb Sanitary District.
[Amended 7-27-1999 by Ord. No. 1125]
(2) 
When more than one dwelling unit on a premises is served by a single water connection, the minimum sewage disposal charges for such a premises shall be the minimum quarterly sewage disposal charges per dwelling unit times the number of dwelling units served by such single water connection.
B. 
Special sewer use rates (industrial).
(1) 
Any user discharging industrial wastes to the wastewater system shall pay an industrial use fee as provided in Chapter 133, Fees. The applicant shall pay this fee annually at the time of application for the industrial sewage permit or renewal thereof.
[Amended 7-27-1999 by Ord. No. 1125]
(2) 
If the industrial wastes discharged to the wastewater system exceed the limits for industrial wastes established by the city or impose an additional burden upon the wastewater system as measured by volume or strength of sewage flow, the city may assess and collect surcharges to cover the added cost of handling and treating the overlimit discharge of compatible waste and assess monitoring and surveillance fees when the limits of incompatible wastes, as defined in this chapter, are found to be exceeded. Such surcharges shall be uniform throughout the system and in accordance with a schedule to be published whenever conditions require updating. Such surcharges shall be applicable on the basis of samples taken at the control manhole (or its equivalent) of each industrial and commercial user. The surcharge fee assessed to users which exceed the allowable discharge limits shall be equal to the surcharge assessed by the City of Detroit, plus an additional 15% to cover the city's administration costs.
C. 
Sewer permit fee. In addition to all other charges herein provided, each premises connecting to the sewers of the wastewater system shall pay a permit fee as provided in Chapter 133, Fees, for inspection of a tapping of each sewer service pipe to a public sanitary sewer. Said charge shall be paid in full at the time that application for a permit for the connection is made. The applicant shall pay all costs of construction of said sewer connection.
[Amended 7-27-1999 by Ord. No. 1125]

§ 350-4 Industrial cost recovery.

A nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day of sanitary sewage, in strength or volume, may be subject to industrial cost recovery as defined in federal regulation 40 CFR 35.928. An industrial cost recovery system requires each industrial user to pay back to the city a portion of the capital expenditures allocable to the construction of facilities for the treatments of its wastes. Should any industrial user (as defined in federal regulation 40 CFR 35.905) commence discharge to the treatment works during the thirty-year industrial cost recovery period, then an industrial cost recovery system shall be developed and implemented for the user pursuant to this chapter and federal regulation 40 CFR 35.928.

§ 350-5 Drain connection fee.

[Amended 7-27-1999 by Ord. No. 1125]
In addition to all other charges herein provided, each premises connecting to the drainage water system shall pay a drain connection fee as provided in Chapter 133, Fees, 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 a permit for the connection is made. The applicant shall pay for the entire cost of construction of said connection.

§ 350-6 Billing.

All meters shall be read at least quarterly. Bills for water service and sewage disposal service shall be due and payable when rendered. There shall be added to all bills not paid on or before the due date of the bill a penalty of 10% of the amount of the bill. The Director shall have charge of the reading of all meters. He or she shall keep a record of all meter readings and shall keep accounts of the charges for water and sewer service furnished to all premises and shall render bills for the same. All water and sewer service charges shall be collected by the City Treasurer, who shall credit the same to the proper account.

§ 350-7 Enforcement; deposits.

A. 
The Department of Water and Sewers is hereby authorized to enforce payment of charges for sewage disposal service to any premises by discontinuing either the water service or the sewage disposal service to such premises, or both, and an action of assumpsit may be instituted by the city against the customer.
B. 
The charges for water service and sewage disposal service, which, under the provisions of Act 94 of the Public Acts of Michigan 1933, as amended,[1] are made a lien on the premises to which furnished, are hereby recognized to constitute such lien; and the city shall, annually, on May 1, certify all unpaid charges for such services furnished to any premises which, on the 30th day of April preceding, have remained unpaid for a period of six months, to the City Assessor, who shall place the same on the next tax roll of the city. Such charges so assessed shall be collected in the same manner as general city taxes.
[1]
Editor's Note: See MSA § 5.2731 et seq; MCL § 141.101 et seq.
C. 
Deposits.
(1) 
In cases where the city is properly notified, in accordance with said Act 94 of the Public Acts of Michigan 1933, that a tenant is responsible for sewage disposal service charges, no such service shall be commenced or continued to such premises until there has been deposited with the Department a sum sufficient to cover two times the average quarterly bill for such premises as estimated by the city, such deposit to be in no case less than provided in Chapter 133, Fees. Where the water service to any premises is turned off to enforce the payment of sewage disposal service charges, the water service shall not be recommenced until all delinquent charges have been paid and a deposit, as in the case of tenants, is made, and there shall be a water turn-on charge as provided in Chapter 133, Fees. In any other case where, in the discretion of the city, the collection of charges for water or sewage disposal service may be difficult or uncertain, the city may require a similar deposit.
[Amended 7-27-1999 by Ord. No. 1125]
(2) 
Such deposits may be applied against any delinquent water or sewage disposal service charges of the depositor, and the application thereof shall not affect the right of the Department to turn off the water service and/or sewer service to any premises of any delinquency thereby satisfied. No such deposit shall bear interest, and such deposit or any remaining balance thereof shall be returned to the customer making the same when he or she shall discontinue receiving water and sewage disposal service or, except as to tenants as to whom notice of responsibility for such charges has been filed with the city, when any eight successive quarterly bills shall have been paid by said customer with no delinquency.