[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.
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.
BUILDING
CAPITAL EXPENDITURES
CONTRACTUAL OBLIGATIONS
DEPARTMENT
DIRECTOR
DWELLING UNIT
INDUSTRIAL SEWAGE or INDUSTRIAL WASTE
MUNICIPALITY
OPERATION AND MAINTENANCE COSTS
PERSON
PREMISES
RECURRING RATES AND CHARGES
REPLACEMENT COSTS
SANITARY SEWAGE
SANITARY SEWER OR SEWER
SYSTEM
USER
WASTEWATER OR SEWAGE
WASTEWATER SYSTEM or SEWER SYSTEM
Unless the context specifically indicates otherwise,
the meanings of terms used in this chapter shall be as follows:
Any structure, including a mobile home, that requires a supply
of potable water and/or a means of disposal of wastewater.
Expenditures, including principal and interest on bonds,
which are made for additions to or improvements of the systems.
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]
The Department of Water and Sewers charged with operating
and maintaining the wastewater system.
The person appointed by the city to manage the Department
of Water and Sewers.
[Amended 7-27-1999 by Ord. No. 1125]
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.
Any liquid containing waterborne process wastes from industrial
sources.
The City of Roseville, County of Macomb, State of Michigan.
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.
Any individual, firm, company, association, society, corporation
or other legal entity.
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.
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.
Expenditures for obtaining and installing replacement equipment,
accessories or appurtenances that are necessary to maintain the capacity
and performance of the existing systems.
Usual domestic sewage or equivalent sewage, not including
industrial sewage as herein defined, from all sources.
A pipe or conduit that carries sanitary sewage.
The wastewater system.
The owner or occupant of any premises connected to and/or
using any of the facilities operated by the Department of Water and
Sewers.
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.
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.
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.
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]
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.
[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.
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.
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.
