[Code 1974, § 111-8.1; Ord. No. 2001-19, 12-4-2001]
The Director of Public Works and Engineering and any other duly
authorized employees of the Township shall be permitted, upon presentment
of proper credentials, to enter upon all properties for the purposes
of inspection, observation, measurement, sampling, and testing, in
accordance with the provisions of this article, at any time during
reasonable or usual business hours.
[Code 1974, § 111-2; Ord. No. 2001-19, 12-4-2001; Ord. No. 2012-03, 7-10-2012]
(a)
Water pollution. It shall be unlawful to discharge to any natural
outlet within the Township, any unsanitary sewage, industrial wastes,
or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this article.
(b)
Privies and septic tanks. Except as hereinafter provided, it shall
be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for the disposal
of sewage.
(c)
Sewer connections required.
(1)
Existing structures. The owner of all houses, buildings, or
properties used for human occupancy, employment, recreation, or other
purposes situated within this Township at the time of adoption of
this article is hereby required at his expense to install suitable
toilet facilities therein and if the property is abutting on any street,
alley, right-of-way, or easement in which there is now located or
may in the future be located a public sanitary sewer not more than
200 feet from the structure, the owner may be required to connect
such facilities directly with the proper public sewer in accordance
with the provisions of this article and The Public Health Code, MCL
§ 333.12751 through 333.12758. Immediate connection may
be ordered by the Director of Public Works and Engineering or the
county Health Department only if a present health hazard exists due
to the inadequacy or breakdown of any existing private sewer system.
The availability of public sewer service shall be determined by the
Director of Public Works and Engineering and his decision shall be
based upon grades, economic feasibility, physical proximity of lots
and structures to the system, and other pertinent factors.
(2)
New construction. The owners of all houses, buildings, or properties
to be hereinafter erected and used for human occupancy, employment,
recreation, or other purposes situated within this Township, and available
to public sewer service as determined in the foregoing paragraph,
shall provide toilet facilities for the structure, and make immediate
connection to the public service at the time of construction.
[Code 1974, § 111-3; Ord. No. 2001-19, 12-4-2001]
(a)
Generally. When a public sanitary sewer is not available under the provisions of Subsection 78-152(c), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(b)
Private systems standards. The type, capacities, location, and layout
of a private sewage disposal system shall comply with all standards
of the county Health Department and shall be constructed and connected
in accordance with the building code of the Township. No septic tank
shall be permitted to discharge to any public sewer or natural outlet.
(c)
Discontinuance of private system. At such time as a public sewer becomes available to a property served by a private disposal system, as provided in Subsection 78-152(c), a building sewer connection shall be made to the public sewer in compliance with this section, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned for sewage purposes and suitable steps shall be taken to ensure safety of the abandoned private systems.
[Code 1974, § 111-6; Ord. No. 2001-19, 12-4-2001]
(a)
Benefit charges. Those persons owning lands in direct proximity to
a Township sanitary sewer whose lands have not been subjected to a
special assessment to pay for the construction of such sewer and who
desire to make connection to such sewer shall pay a benefit charge
for the privilege of each connection to such sewer. Such benefit charge
shall be as established from time to time by resolution of the Township
Board. Such benefit charge shall be paid in cash or in installments,
with interest and penalties, all as shall be established and provided
from time to time by resolution of the Township Board.
(b)
Connection charges. Each premises hereafter connecting to any Township
sanitary sewer shall pay a connection charge as established from time
to time by resolution of the Township Board. The methodology of adjusting
the connection charges shall be in accordance with the water and wastewater
rate study prepared by the Township's consultant, presented to and
approved by the Township Board in 2001. The connection charge shall
be paid in cash before a sewer permit is issued.
(c)
Upstream benefit charge. Each premises hereafter making connection
to a sanitary sewer lateral or interceptor which is upstream of a
sanitary sewer interceptor upsized two inches or more in diameter
at Township expense for purposes of providing future upstream capacity,
where the Township expense of upsizing was not funded through the
sale of general obligation sewer bonds, shall in addition to other
applicable special assessments, benefit charges, connection charges,
or permit or other charges pay an upstream benefit charge in an amount
determined by the Department of Public Works and Engineering. The
amount of the upstream benefit charge shall be the relative portion
of the cost of such upsizing, plus 8% per annum interest, as the benefit
to the parcel connected bears to the total benefit to all upstream
parcels benefitted by such upsizing. The upstream benefit charge shall
be paid in cash or in installments, with interest and penalties, all
as shall be established and provided from time to time by resolution
of the Township Board.
[Code 1974, § 111-7; Ord. No. 2001-19, 12-4-2001]
(a)
Generally. Charges for sewage disposal service shall be levied upon
all premises having any building sewer connection with the public
sewer. Charges shall include a capital connection charge for sanitary
service when the user's property is first connected to the system,
a billing charge for each bill issued, a commodity charge for sewage
disposal based on the volume of water used, and other charges and
costs for services which are equivalent to the cost of providing such
services.
(b)
Use of charges. The proceeds of such charges shall be used for the
general benefit, including operation, maintenance, payment of treatment
costs to the City of East Lansing, and new construction of such sewage
works, including treatment facilities. The methodology of adjusting
the charges or rates for the use of and service rendered by the Township
sewage system shall be in accordance with the water and wastewater
rate study prepared by the Township's consultant, presented to and
approved by the Township Board in 2001. The rates shall be established
by resolution of the Township Board and may be revised from time to
time by such board, and when so changed shall be published at least
twice in a newspaper of general circulation within the Township and
no change in rates shall be effective until 10 days after the final
publication.
(c)
Service to the Township. The Township shall pay the same sewer rate
for service to it as would be payable by a private customer for the
same service. All such charges for service shall be payable from the
current funds of the Township or from the proceeds of taxes which
the Township, within constitutional limits, is hereby authorized and
required to levy in amounts sufficient for that purpose.
(d)
Billing. Charges for all sewage disposal service shall be billed
and collected at least quarterly. The frequency of billings shall
be as established from time to time by resolution of the Township
Board. All bills paid on or before the 20th day of the month next
following the date of billing shall be without penalty, but if unpaid
by such date shall thereafter be considered delinquent and shall be
subject to a 5% penalty.
(e)
Enforcement of collection. The Department of Public Works and Engineering
is hereby authorized to enforce the collection of charges for sewage
service to any premises by discontinuing either the water service
or the sewage service to such premises, or both, and legal action
may be instituted by the Township against the customer to collect
payment of charges. The charges for sewage service are a lien on the
premises to which furnished under the provisions of Public Act No.
94 of 1933 (MCL § 141.101 et seq.). The Director of Public
Works and Engineering shall annually on November 1 certify all unpaid
charges for such service furnished to any premises which on October
31 preceding have remained unpaid for a period of six months to the
Township Supervisor, who shall place the same on the next Township
tax roll. Such charges so assessed shall be collected in the same
manner as general Township taxes. Where water service or sewer service
to any premises is turned off to enforce the payment of sewage service
charges, such services shall not be recommenced until all delinquent
charges have been paid, and there shall be a turn-on charge as established
from time to time by resolution of the Township Board. In such or
any other case where, in the discretion of the Director of Public
Works and Engineering, the collection of charges for sewage service
may be difficult or uncertain, the director may require a deposit
of three times the average quarterly sewage service bill for such
premises as estimated by the Director of Public Works and Engineering.
Such deposit may be applied against any delinquent sewage service
charges 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 for 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 shall discontinue
receiving sewer service.
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State law reference: Rates and charges, MCL 141.121.
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[Code 1974, § 111-8.2; Ord. No. 2001-19, 12-4-2001]
No unauthorized person shall maliciously or wilfully break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenances,
or equipment which is part of the Township sewage system.
[Code 1974, § 111-8.3—111-8.6; Ord. No. 2001-19, 12-4-2001]
(a)
The director shall serve or cause to be served upon any person found to be violating any provisions of this article, except § 78-156, a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(c)
Any person violating any of the provisions of this article shall
be liable to the Township in any court of competent jurisdiction.
This civil remedy shall be in addition to the criminal sanctions outlined
above, and respondents may be held liable for damages sustained by
the Township by reason of such violation, and recovery therefor may
be had in an appropriate action in any court of competent jurisdiction.
(d)
Any continued violation, after due notice as provided in this article,
shall be deemed a public nuisance and may be abated by suit in equity
by the Township in any court of competent jurisdiction. This remedy
shall be in addition to those heretofore provided for.
