[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 12-11-2014 by Res. No. 12-11-14-04 (Title I, Ch.
3, of the Tribal Code). Amendments noted where applicable.]
The purpose of this chapter is to establish a Utility Department
which shall be organized and operated for the following purposes:
A.
To provide for sanitary potable community water and community sewerage
systems.
B.
To assume control of and responsibility for the operation, repair
and maintenance of the water and sewer facilities and equipment in
order to keep the systems in good operating condition, in accordance
with accepted standards and practices.
C.
To promulgate and enforce such regulations, policies, and procedures
to carry out the duties and functions of the Utility Department as
are authorized here and imposed by Tribal Council.
A.
Adoption. This chapter is adopted by Resolution No. 12-11-14-04.
B.
Amendment. This chapter may be amended by the Tribal Council in accordance
with the Constitution and any rules set forth governing amendment
of laws of the Nottawaseppi Huron Band of the Potawatomi.
C.
Conflict of code or regulations. In any case where a provision of
this chapter is found to be in conflict with a provision of any zoning,
building, fire safety, or health ordinance, code or resolution, existing
on the effective date of this chapter, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail; in any case, a code, which
establishes a lower standard for the promotion and protection of the
health and safety of the people than the provisions of this chapter,
shall be superseded by this chapter, and such other codes or resolutions
are hereby declared to be repealed to the extent that they may be
found in conflict with this chapter.
D.
If any
section, paragraph, sentence, clause or phrase of this chapter shall
be declared invalid for any reason whatsoever, such decision shall
not affect the remaining portions of this chapter, which shall remain
in full force and effect; and, to this end, the provisions of this
chapter are hereby declared to be severable.
As used in this chapter, except where otherwise specifically
provided or the context otherwise requires, the following terms and
expressions shall have the following meanings:
Any building or facility that is not residential, including
buildings or facilities in which government, education, community
or recreational functions or activities are conducted.
The sewerage system owned and operated by the Tribe for the
collection and disposal of liquid and water-carried domestic and industrial
wastes.
The NHBP Tribal Council, the governing body of the Tribe.
The Director of the NHBP Public Works Department.
May be used interchangeably throughout this chapter to refer
to the Utility Department created by this Code.
A well which serves or is intended to serve as a source of
water supply for domestic use or drinking water.
A sewage disposal system other than the community sewerage
system for the collection and disposal of human excreta, or liquid
or water-carried wastes, or both from one or more premises and includes
privies, septic tanks, soil-absorption systems, chemical-type toilets
and similar facilities, together with all necessary connecting pipes,
fittings, control valves and appurtenances.
The person of record who at that time is the head of the
household occupying the home whether being rented, leased or authorized
by the owner.
The holder of the premises to which water or sewer service
is to be provided.
The receptacles, devices or appliances supplied with water
or which receive or discharge liquids or liquid borne wastes, all
necessary connecting pipes, fittings, control valves and appurtenances
in or adjacent to the building.
The water supply system owned by the Tribe.
Those elements, materials, substances, wastes or by-products
in any quantity or form, including but not limited to chemicals, combustible
liquid, corrosives, etiologic (biologic) agents; flammable gas, explosives,
flammables, poisons, organic peroxides, oxidizers, pyrophoric, radioactive
materials, unstable reactive matter, water reactive matter, petroleum
or petroleum products, antifreeze, polychlorinated biphenyls and asbestos,
which are or are potentially harmful to the environment or human or
animal life or which pose an unreasonable or imminent risk to life,
health or safety of persons or property or to the ecological balance
of the environment as determined by the Fire Chief or his or her designee.
These elements, substances, wastes or their by-products include those
which are contained in the list of hazardous substances adopted by
the United States Environmental Protection Agency (EPA), or which
are contained in the list of toxic pollutants designated by Congress
or the EPA, or which are defined as hazardous, toxic, pollutant, infectious,
flammable, combustible, explosive or radioactive by any federal, tribal,
state, or local law, ordinance, code, rule, regulation, order or decree,
regulating, relating to, or imposing liability or standards of conduct
concerning any hazardous, toxic or dangerous waste substance or material
as now or at any time hereafter in effect, including but not limited
to the Federal Toxic Substances Control Act, as amended, 15 U.S.C.
§ 2601 et seq.; the Federal Hazardous Material Transportation
Act, as amended; the Federal Clean Air Act; hazardous substances,
as defined in Part 201 of Act No. 451 of the Public Acts of 1994 of
the State of Michigan, as amended[1]; hazardous waste, as defined in Part 111 of Act No. 451
of the Public Acts of 1994 of the State of Michigan, as amended[2]; petroleum, as defined in Part 213 of Act No. 451 of the
Public Acts of the State of Michigan, as amended.[3]
The Court of the Nottawaseppi Huron Band of the Potawatomi.
The Nottawaseppi Huron Band of the Potawatomi or NHBP.
The department that has been set up and is authorized to
operate and maintain the potable community water and sewerage facilities
and to provide utility services as directed by the Tribe.
A.
Creation of Utility Department. There is hereby created a Utility
Department which shall be managed by the DPW/Facilities Director (hereafter
referred to as the "Director"). The Director reports as directed by
the CEO.
B.
Delegation of authority. The Director shall have the authority to
exercise any and all powers delegated to the Utility by this chapter.
C.
Sovereign immunity. The Utility is an agency of the Tribe, and thereby
retains all rights of sovereign immunity of the Tribe. By providing
services and entering into service agreements, the Utility shall not
have the authority to waive the sovereign immunity of the Tribe or
any of its officers, agents, attorneys or employees, or anyone else
acting at the direction of and on behalf of the Tribe.
A.
General. The Utility shall be given the powers set forth in this
section to allow it to carry out its duties and functions.
B.
Contracting; agreements. The Director shall have the authority to
consult with and negotiate agreements, contracts, and understandings
with any governmental agency, federal, state, or local, or with any
person, partnership, or corporation concerning the Utility's
operations, subject to the requirement that such contracts are reviewed
by the Tribe's Legal Department and that the execution of such
contracts or agreements are authorized by the Tribal Council in accordance
with the laws and regulations of the Tribe regarding such approval.
C.
Accounting. The Tribe, through its Accounting Department, shall,
in accordance with generally accepted accounting principles, develop
accounting processes that allow the Utility to:
(1)
Identify the income, disbursements and expenses related to the operation
of the systems.
D.
Employ personnel. The Director, in accordance with the employment
codes and policies of the Tribe and subject to budgetary constraints,
may employ personnel to operate the potable community water and community
sewerage systems and establish the duties and compensation of its
employees. Compensation paid to Utility employees shall be an operating
expense of the potable community water and sewerage systems.
A.
General. This section shall serve as the operating guideline for
the Utility and may be excerpted and referred to as the "Plan of Operation."
B.
General policies.
(1)
Purpose. The purpose of the Utility will be to manage, operate, and
maintain the potable community water and community sewerage systems.
(2)
Place of business. The Utility will maintain an office on the Pine
Creek Reservation in Athens, Michigan. Its mailing address will be:
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1485 Mno-Bmadzewen Way
Fulton, Michigan 49052
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C.
Services offered.
(1)
Water service. The Utility is responsible to provide safe, adequate
water to those connected to the main lines of the potable community
water system. Responsibility for maintenance will include water sources,
storage tank, controls, mainlines, valves and hydrants, and service
lines to the curb stops only.
(2)
Sewerage service. The Utility is responsible to provide sanitary
disposal of domestic waste to those connected to the main lines of
the community sewerage system. Responsibility for maintenance will
include treatment facilities, pumping stations, mainlines and manholes,
and service lines to the property lines only.
(3)
Maintenance; repair service. To ensure the provision of adequate
water and sewerage service to its customers, the Utility will retain
qualified personnel on duty or on call at all times. The Utility will
respond as quickly as possible to breakdowns and other emergencies.
(4)
Septic tank service. The Utility may elect to provide for pumping
of individual septic tanks for a fee. Responsibility of the Utility
will cover only such elective pumping. The Utility shall not guarantee
the operation of septic tank systems whether properly or improperly
designed, maintained or constructed.
(5)
Other services. The Utility may agree to perform under contract with
the Tribe or persons in regards to construction or operating and maintenance
services.
(6)
Future services. The Utility is authorized to identify business plans
that may provide solid waste, electrical, gas, telephone, septic haulers,
receiving or other utility services. Such business plans shall be
approved by the Tribal Council prior to implementation, and shall
include any necessary proposed amendments to this chapter and any
existing regulations.
D.
Services covered.
(1)
Water (community systems). All tribal housing projects and commercial
establishments.
(2)
Sewerage (community systems). All tribal housing projects and commercial
establishments.
(3)
Septic tanks (individual systems). Services for individual septic
tank systems may be available at the Utility's discretion in
communities served by the community sewerage system and potable community
water system. Maintenance of individual systems is the responsibility
of the owner.
A.
Prohibited acts.
(1)
Use of water source other than potable community water system. It
shall be unlawful for any person to construct, maintain or utilize
a source of water supply other than the potable community water system
for drinking and sanitation purposes upon any premises owned by the
Tribe, which are located within 200 feet of lines of the potable community
water system. Individually owned and maintained domestic wells for
irrigation purposes shall be permitted only upon compliance with requirements
of the Indian Health Service, and the codes and regulations of the
Tribe.
(2)
Disposal of sewage and liquid wastes. It shall be unlawful for any
person to dispose of sewage, liquid wastes, or human excretion upon
any premises owned by the Tribe, which are located within 200 feet
from any line of the community sewerage system or to provide for the
disposal of such wastes from such premises other than through the
utilization of the community sewerage system.
(3)
Occupancy of certain buildings. It shall be unlawful for any person
to occupy or knowingly permit the occupancy by one or more persons,
as a place of permanent or temporary residence, of any building on
any lands held in trust for the Tribe or any lands owned by the Tribe,
which are located within 200 feet of lines of the potable community
water and sewerage systems or to conduct any business in any such
buildings unless the building is connected to the potable community
water system and the community sewerage system, provided that, in
the case of temporary buildings to be occupied for periods of not
more than thirty (30) days in any one year upon application by the
owner of such buildings and a showing satisfactory to the Utility
that the source of water supply and the provision for sewage and waste
disposal from such building is safe and adequate to protect the public
health.
(4)
Commercial agricultural uses. It shall be unlawful for any person
to utilize the water from the potable community water system for any
commercial agricultural uses. Individual gardens shall be considered
domestic uses. Garden size shall not exceed 10 feet by 10 feet in
size. Gardens may be located in back/side yards only; to be approved
by the Director.
(5)
Unauthorized connections.
(a)
It shall be unlawful for any person to connect any individual
water service line to the potable community water system, or to repair,
modify, or disconnect any such connection except as provided herein.
(b)
It shall be unlawful for any person to connect any individual
sewer service line into the community sewerage system or to repair,
modify, or disconnect any such connection except as provided herein.
(6)
Cross-connections.
(a)
Prohibition. This chapter prohibits cross-connections with the
potable community water system, i.e., a connection or arrangement
of piping or appurtenances through which water of questionable quality,
wastes or other contaminants can enter the potable community water
system. A "cross-connection" is defined as any physical connection
between the potable community water system and another system, either
water or waste. Any individual source must be completely disconnected
from the household plumbing prior to connection to the potable community
water system. Disconnections made solely by a valve shall not be permitted.
(b)
Responsibility to inspect. It shall be the duty of the Utility
to cause inspections to be made of all properties served by the potable
community water system where cross-connections with the potable community
water system are deemed possible. The frequency of inspections and
reinspections based on potential health hazards involved shall be
as established by the Utility. The Utility shall have the right to
enter, with advance notice to the property owner, and if applicable,
the lessee, at any reasonable time if the property is served by a
connection to the potable community water system for the purpose of
inspecting the piping system or systems thereof for cross-connections.
On request by the Utility, the owner or occupants of any property
served by the potable community water system shall furnish to the
Utility any pertinent information regarding the piping system or systems
on such property. The refusal of such information or refusal of access,
when requested, shall be deemed evidence of the presence of cross-connections.
(c)
Disconnection. The Utility shall discontinue water service after
reasonable notice to any property wherein any connection in violation
of this chapter exists, and to take such other precautionary measures
deemed necessary to eliminate any danger of contamination of the potable
community water system. Water service to such property shall not be
restored until the cross-connection(s) has been eliminated in compliance
with the provisions of this chapter.
(7)
Unauthorized disposal. No person or entity shall dispose of any material
into the sanitary sewer which may cause the collection lines to become
blocked or excessively loaded with solids, including but not limited
to garbage, disposable diapers, sanitary napkins, paper material other
than toilet paper, cigarette waste, cat litter, etc. The waste from
preparation, cooking and dispensing of food must be properly shredded
to such a degree that all particles will be carried freely under the
flow conditions normally prevailing in public sewers with no particle
greater than 1/2 inch or 1.27 centimeters in any dimension.
(8)
Toxic waste disposal. No person or entity shall dispose of any toxic,
radioactive or otherwise hazardous waste into the Community Sewerage
System.
B.
Order for connection and failure to comply. If any person or entity
fails to comply for more than ten (10) days after notice in writing
from the Utility to make a connection or otherwise comply with this
chapter and any regulations issued pursuant thereto, the Utility may
cause connection to be made or mandate compliance. Nothing in this
section shall exempt such owner from being proceeded against for creating
a public nuisance or from any of the penalties provided in this chapter.
C.
Connections to potable community water and sewerage systems.
(1)
Making of connections. All individual water and sewer service connections
and repairs, modifications, or disconnections shall be made only by
a licensed plumber or contractor, or an authorized NHBP DPW/Facilities
employee, upon approval of an application and receipt of a permit.
(2)
Application for water service connection. Each application for water
service connection, repair, modification or disconnection shall be
made in writing to the Utility and shall be signed by the owner of
the premises and shall include the following:
(a)
Legal name and address of the applicant.
(b)
Description of the property and building for which the water
service is requested.
(c)
The name and address of the licensed plumber or contractor who
will install the service lines from the building to be served to the
potable community water system, including a copy of the person's
insurance or bonding.
(d)
A description of the fixtures to be used in the structure or
building.
(e)
Such additional information as the Utility may require the customer
to demonstrate that the proposed connection complies with this chapter
and any applicable regulations.
(3)
Application for sewer service connection. Each application for sewer
service connection, repair, or modification shall be made in writing
to the Utility, shall be signed by the owner of the premises and shall
include the following:
(a)
Legal name and address of the applicant.
(b)
Description of the property and building to be served.
(c)
A plan of the proposed location of all fixtures to be served
and of the service lines to be installed, including a description
of the type and size of pipe showing the elevation of all fixtures
and the service lines.
(d)
The name and address of the licensed plumber or contractor who
will install the service lines from the building to be served to the
community sewerage system, including a copy of the person's insurance
or bonding.
(e)
Such additional information as the Utility may require to demonstrate
that the proposed connection complies with this chapter and any regulations.
(4)
Approval of application. If the Utility is satisfied that the application
and the proposed connection complies with this chapter and applicable
regulations hereunder related to the utilization of the potable community
water and sewerage system, it shall approve the application and make
or allow the connection applied for, provided that the Utility may
impose such conditions on its approval as it considers necessary to
assure the safe and proper utilization and operation of the community
water and sewerage systems, including insurance and bonding requirements.
(5)
Hearing on denial of application. Any person whose application for
a connection has been denied or approved with conditions may, within
ten (10) days of official notification of the Utility's action,
file a written request for a hearing before the Tribal Court. The
request for a hearing must be served on the Utility. Such hearing
shall be held as soon as practicable by the Tribal Court after the
filing of the request and upon reasonable notification of the applicant
and shall be limited to appellate review of the decision of the Utility.
(7)
Meters. All new structures that are connected to the potable community
water system are required to install a water meter. All meters for
measurement of utility services shall be installed at the time of
construction in accordance with the requirements of the Utility. All
water meters shall be the property of the Utility and shall be maintained
by it. All meters shall remain accessible to the Utility, and no person
shall obstruct or tamper with any meter. Such obstruction or tampering
shall be a violation of this chapter and subject the violator to actual
damages and civil penalties under this chapter.
D.
Interceptors.
(1)
Grease, oil, sand interceptors and conventional grease traps shall
be provided when, in the opinion of the Utility, they are necessary
for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand and 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 Utility and shall be located as to be readily
and easily accessible for cleaning and inspection.
(2)
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight, and equipped
with easily removable covers which, when bolted in place, shall be
gastight and watertight.
A.
Authorized inspections. The Utility is hereby authorized to make
such inspections at reasonable times during daylight hours as are
necessary to determine satisfactory compliance with this chapter and
the regulations promulgated hereunder.
B.
Duty to permit entry. The owner and occupant of a property shall
provide such agents of the Utility access to the property for the
purpose of making such inspections as necessary. Any person who willfully
obstructs or prevents an employee or representative of the Utility
from entering or remaining on the property for a lawful purpose under
this chapter shall be subject to a penalty of $100 for each such incident,
and in addition to such penalty, shall be liable to the Utility in
a civil action for all damages, costs, and attorney's fees whether
at trial or on appeal, suffered by the Utility as a result of the
obstruction. Such obstruction will result in the disconnection of
service until the property can be inspected.
A.
Administration.
(1)
Responsibility for operation and maintenance of the potable community
water and community sewerage systems shall be vested solely in the
Utility, including the responsibility of making the necessary inspections.
(2)
Responsibility for enforcement of this chapter shall be vested in
the Utility. Responsibility for legal actions to enjoin violations,
to enjoin public nuisances, to collect penalties, and to prosecute
violators shall be vested in the Utility, which shall be obligated
to take any appropriate legal action based upon a complaint filed
by a resident of the community, person or entity.
(3)
Regulations.
(a)
Regulations of the Utility shall be adopted or amended only
after a public hearing. Notice of the proposed action shall be posted
in the NHBP Community Center, NHBP Health Department, NHBP Government
Center, NHBP Northern Health Department and Administration Building,
the Turtle Press, and the NHBP website, and contain the entire text
of the proposed rules or regulations or shall state generally the
substance thereof; advise where the text is available; the time and
place of the hearing; and shall be posted for public inspection at
the office of the Utility for a period of not less than ten (10) days
prior to the date of the hearing.
(b)
A current file of all regulations adopted by the Utility under
this chapter shall be available for public inspection during regular
business hours at the office of the Utility.
(c)
The Utility is authorized to adopt and amend, from time to time,
regulations to carry out the provisions of this chapter; but no person
shall be bound for any such regulation unless it shall have been posted
for public inspection for ten (10) consecutive days before its adoption.
All regulations shall be effective upon receipt by the Tribal Council
Secretary.
B.
Operation and maintenance of potable community water and sewerage
systems.
(1)
Standards for installation. The Utility may promulgate, alter and
amend regulations establishing standards for the installation of domestic
fixtures to be served by connections to the potable community water
and community sewerage systems, and for the installation of water
and sewer service lines for the purpose of assuring the safe and efficient
utilization of the community systems. All service lines shall be installed
in accordance with such applicable standards.
(2)
Standards of operation and maintenance. The Utility shall operate
and maintain the potable community water and community sewerage systems
in accordance with the provisions of this chapter, as amended, and
in compliance with the standards and requirements for operation and
maintenance from time to time promulgated, ordered or defined by the
federal government or agencies thereof.
(3)
General rules with respect to large users of water.
(a)
Before proceeding with the purchase of any equipment which will
necessitate the use of large quantities of water within short periods
of time, the Utility shall be consulted for advice, as well as the
Planning Department of the Tribe, as to the best method of installation
and for information concerning the conditions under which the water
will be supplied to the premises.
(b)
In general, the Utility reserves the right to limit the size
of service connections or opening through which its service is furnished
for filling storage tanks, hydraulic equipment, private fire service,
or other classes of service capable of drawing relatively large quantities
of water and thereby causing undue fluctuations of pressure in portions
of the system.
(4)
Termination of service; abandonment. A customer planning to vacate
the grounds, building or residence served by the Utility shall notify
the Utility in writing one (1) week prior to the date the customer
plans to either vacate or terminate service, whichever is later.
(5)
Vacation of premises. When premises are vacated, the customer shall
notify the Utility, in writing, in advance of the intended vacation,
so that the Utility may, if so desired, shut off the supply at the
curb stop. The consumer shall be liable to the Utility for any damage
to the system or utility resulting from failure to notify of such
vacancy.
(6)
Occasional service. Water taken from a tap and used for construction
work must be covered by a written permit which can be obtained only
from the Utility. In no case shall any contractor or construction
worker draw water from the potable community water system without
obtaining a permit. No person or entity shall allow any contractor,
mason, laborer or other person to take water from the premises without
presentation of a permit from the Utility. A person failing to comply
with this rule shall have his/her service shut off, and upon conviction
thereof shall be punished as provided in § 1-3.10.
(7)
DPW/facilities employees. DPW/facilities employees may obtain water
from any point of access. For example, from houses, government buildings,
grounds, fire hydrants, etc.
(8)
Waste of water prohibited. Excessive use of or waste of water whether
caused by carelessness or defective or leaking plumbing is strictly
prohibited and is cause for termination of service. The Utility shall
reserve the right to determine excessive use.
(9)
Limitations of sprinkling. In the event there shall be a shortage
of supply of water for any reason, and particularly in the summer
due to drought or heavy use, the Utility may declare an emergency
to exist in which event the water users shall be restricted in the
use of water for sprinkling, as determined by the Utility. The emergency
shall be deemed to exist until the Utility shall proclaim by another
notice that the emergency status has been terminated.
A.
Penalties. Any person who violates, refuses to comply with, or resists
the enforcement of, any of the provisions of this chapter shall be
subject to a fine of not less than $25 nor more than $500 as provided
by the Tribal Court. Each day a person is in violation shall constitute
a separate offense.
B.
Other proceedings. Nothing in this section shall exempt such violator
from being proceeded against by the Utility for creating a public
nuisance or from having water or sewerage services terminated by the
Utility.
C.
Damages, no claims for. No persons using water or sewer services
provided by the Utility shall enter a claim against the Utility, the
Tribe or any of the officers thereof, for damages to any fixture or
appurtenance by reason of backup of sewage or sewer gas or interrupted
water supply or variation in pressure, or for damages of any nature
caused by turning off or on, either partially or entirely, of the
water supply for any premises, either for repairs or alterations of
any water main, or for the discontinuance of the service to the premises
for violation of any rule or regulation of the Utility. No claims
will be permitted against the Utility because of interruption of supply
caused by breaking of pipes or by stoppage for repairs for fire or
other emergencies. In case of a probable stoppage of water supply
when time of interruption can be forecast, every reasonable attempt
will be made by the Utility to inform the customer of the action.
