[HISTORY: Adopted by the Township Board of the Charter Township
of Huron as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Water supply systems — See Ch.
515.
[Adopted 6-9-1993 by Ord.
No. 93-3 (Part 166 of the 1995 Compilation of Ordinances)]
The Township Board of the Charter Township of Huron hereby determines
that in the best interests of the public health and welfare of said
Township, the existing sewage collection systems of the Township shall
be operated as a public utility under the terms of Act 94, Public
Acts of Michigan, 1933, as amended.
In construing this article, the terms and words hereinafter
defined, unless the context clearly establishes otherwise, shall be
given the meanings hereinafter set forth.
CONTRACTS
A.
Contracts previously entered into for the construction of sewer
improvements between the Charter Township of Huron and the County
of Wayne by the Board of County Road Commissioners of the County of
Wayne dated December 1, 1968;
B.
Contracts entered into between the Charter Township of Huron
and the County of Wayne, by its Board of Public Works, dated as of
May 1, 1974; or
C.
Any additional contracts entered into between the Charter Township
of Huron and the County of Wayne for the acquisition and construction
of any additions, extensions or improvements to the sewage collection
system of the Township.
DEBT RETIREMENT PAYMENTS
Those fixed payments required to be made by the Charter Township
of Huron to the County of Wayne pursuant to the contracts previously
referred to in Subsection B of the definition of "contracts."
SYSTEM
All sanitary sewers, works, instrumentalities and properties
used or useful in connection with the collection, treatment and disposal
of sewage now in existence or hereafter constructed within the corporate
limits of the Township.
TOWNSHIP
The Charter Township of Huron, County of Wayne, Michigan.
TOWNSHIP BOARD
The Township Board of the Charter Township of Huron, the
governing body thereof.
A. The system shall be operated and maintained on a public utility basis
as authorized by law. It is hereby declared to be the intent and purpose
of the Township Board to maintain reasonable and uniform rates and
charges applicable to various classifications of users so as to provide
funds to:
(1) Operate and maintain said system in a reasonable, proper and efficient
manner;
(2) Make the debt retirement payments as they become due; and
(3) Provide for such enlargement and extensions of said system as shall
appear necessary.
B. The cost of sewage treatment through the sewage treatment plant facilities
of the County of Wayne, and maintenance of interceptors to carry said
sewage to the treatment plant, together with trunk and lateral extensions
thereto, as established by rates fixed by the County of Wayne, shall
be considered as operation expenses of the system.
The system, as herein defined, shall be and remain under the
management, supervision and control of the Township Board or such
agency or department of the Township as it may designate, subject
to the provisions of the contracts in relation thereto.
The system shall be operated on the basis of a fiscal year beginning
on January 1 and ending on December 31 of each year.
[Amended 5-8-1996 by Ord.
No. 96-4]
The rates and charges for the services and benefits provided
by the system shall be as prescribed by the Township Board and found
in the fee schedule.
A. Charges for connections to sewers. Each premises connected to sanitary
sewers within the Charter Township of Huron shall pay the Township
a total fee comprised of a reserve fund charge, mini-sewer debt charge,
a connection charge and an inspection fee.
B. Reserve fund charge and mini-sewer charge.
(1) A reserve fund charge and a mini-sewer debt charge shall be set by
the Township and found in the fee schedule. One unit shall be regarded
as a normal house service connection for a single-family residence.
Reserve fund charges and the mini-sewer debt charge to premises other
than single-family residences shall be in the above amount multiplied
by a factor representing the increased sewer use by such premises,
based upon the following schedule (square footage is rounded to the
next highest foot):
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Use
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Units
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Auto car wash (production lines)
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10.0 units per production line
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Auto car wash (self-service)
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1.0 units per stall
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Auto dealers
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1.0 unit plus 0.15 unit per service bay
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Banquet/rental halls
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1.00 unit per 2,000 square feet of building area
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Barber shop (see hair salons)
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Bars/lounges (drink and/or dinner)
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1.0 unit per 600 square feet of building area
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Bowling alleys (does not include bar/lounge area — see
applicable section)
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1.0 unit plus 0.10 unit per lane
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Campgrounds (with individual hookups)
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1.0 unit plus 0.30 units per space whether occupied or not
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Campgrounds (rustic)
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To be determined upon time of application by DPW Director
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Churches
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1.0 per unit per 6,000 square feet of building area
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Cleaners
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1.0 unit per 1,000 square feet of building area
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Clubhouses
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1.0 unit per 1,000 square feet of building area (see ancillary
uses for additional units)
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Convalescent homes
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1.0 unit plus 0.75 unit per bed
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Dorms, rooming houses, group quarters with kitchen and/or eating
facilities
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1.0 unit plus 0.25 units per bed
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Dorms, rooming houses, group quarters without kitchen and/or
eating facilities
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1.0 unit plus 1.0 unit every 6 beds or fraction thereof
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Drugstores (with food service)
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1.0 unit per 2,000 square feet of building area
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Drugstores (without food service)
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1.0 unit per 4,000 square feet of building area
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Grocery stores and supermarkets
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1.0 unit per 2,000 square feet of building area
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Hair salons
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1.0 unit per 200 square feet of building area
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Health spa
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1.0 unit plus 1.0 unit per 1,000 square feet
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Hospitals
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1.0 unit plus 0.75 unit per bed
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Hotels and motels
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1.0 unit plus 0.25 unit per bed (see ancillary uses for additional
units)
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Huron Clinton Metropolitan Authority
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Unit determination to be calculated by Huron Township's
engineer
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Industrial use
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1.0 unit per 10,000 square feet of building area plus 1.0 unit
for each additional 10,000 square feet of building area or fraction
thereof
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Laundry (self-service)
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1.0 unit per 100 square feet of building area
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Medical clinics
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1.0 unit plus 0.50 unit per examining room
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Mobile home parks
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1.0 unit per mobile home space whether occupied or not
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Multiple-family residence
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1.0 unit per dwelling unit
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Office building
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1.0 unit per 4,000 square feet of building area
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Restaurants
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1.0 unit per 600 square feet of building area
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Riding/boarding stables (public)
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1.0 per 5 stalls
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Schools
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1.0 plus 1.0 unit per classrooms
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Service station
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1.0 unit plus 1.0 unit per 2,000 square feet
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Snack bars (drive-in)
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1.0 unit per 600 square feet of building area plus 0.10 unit
per stall
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Stores (other than specifically listed)
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1.0 unit per 2,000 square feet of building area
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Swimming pool (residential excluded)
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1.0 unit per 1,000 square feet of pool area, including bath
house
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Theaters (drive-in)
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3.50 units per acre
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Theaters (inside)
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1.0 unit plus 0.01 unit per seat
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Veterinarian clinics (see medical clinics)
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NOTES:
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*
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For any use not listed above or for any change in use of an
existing building, the per-unit charge shall be determined by the
Township DPW Director at the time of application or change of use.
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(2) All new construction shall pay the reserve fund charge and mini-sewer
debt charge in full prior to the application for a building permit.
Existing premises shall pay reserve fund charge and the mini-sewer
debt charge in full at the time of application.
(3) The Township Board may approve the deferral of payment of reserve
fund charge and mini-sewer debt charge for a single-family home in
a case where hardship prevents payment of the charges prior to connection. "Hardship"
means a situation in which neither the owner or the occupant of a
single-family home can pay the connection charges in full before connection,
due to poverty. If charges are deferred until after the sewer connection
is made, the connection shall not be made until the owner of the property
signs an agreement in a form approved by the Township Attorney, suitable
for recording and creating a lien against the property for the amount
of the unpaid charges. The agreement will state the installment payments,
if any, required, and will contain all disclosures required by law
to be made for deferred payments to consumers relating to installments
and total amount due. In the event of deferred payment, payment in
full of the unpaid balance shall be required prior to transfer of
ownership.
C. Connection charge.
(1) The charge for connection to an existing Township sanitary sewer
shall be prescribed by the Township Board and found in the fee schedule. All connection charges shall be payable in full at the
time of application for connection. Any costs of construction to extend
a service line from a Township sewer shall be paid by the property
owner.
(2) In the event a developer extends his own service leads to the property
line from sewers he has installed to a single-family residence, the
normal connection charge will be waived and a fee, prescribed by the
Township Board, will be collected for each residence. This connection
charge must be paid to the Township prior to making application for
a building permit for the residence.
D. Inspection charges. In addition to all other charges, there shall
be a fee for inspection, payable prior to the time of the connection
or alteration to the water service line. Said fee shall be prescribed
by the Township Board and found in the fee schedule.
The rates and charges specified in this article shall be subject
to revision by the Township Board. Such rates and charges shall provide
sufficient funds to enable the system to be efficiently operated and
maintained.
No free service shall be furnished by the system to any person,
firm or corporation, public or private, or to any public agency, but
service so furnished by the system shall be paid for in accordance
with the foregoing schedule of rates, or any revision thereof, in
compliance with the provision of this article. The Township shall
pay from its funds for any connections serving said Township and all
of its departments or agencies.
Sewer bills shall be rendered quarterly during the fiscal year
and shall represent charges for the quarterly period immediately preceding
the date of rendering the bill. Said bills shall become due and payable
within 15 days from the date thereof, and for all bills not paid when
due, a penalty of 10% of the amount of such bill shall be added thereto.
A. The rates and charges herein specified shall constitute a lien on
the property served and benefited. If rates and charges are not paid
within six months after the same are due, the water service shall
be shut off until payment in full is made. There will then be a charge
to turn the water service back on as listed in the fee schedule. If
a delinquency still exists as of September 1, all delinquent charges
shall be placed on the next tax roll as a lien and collected in the
same manner as the general Township taxes.
B. As provided in Section 21, Act 94, Public Acts of Michigan, 1933,
as amended, where notice is given that a tenant is responsible for
payment, no further water or sewer service shall be rendered to such
premises until a cash deposit of not less than $100 has been made
as a security for the payment of such charges.
All revenues of the system shall be set aside, as collected
and deposited, in a separate depository account, in a bank prescribed
by the Township Board, which shall be duly qualified to do business
in Michigan, in an account to be designated water supply and sewage
disposal system receiving fund (hereinafter referred to as the "receiving
fund"), said revenues so deposited in the receiving fund to be used
and allocated for operation and maintenance of the system.
A. Sewer bond debt retirement.
(1) There
shall be maintained a separate depository account designated sewer
bond debt retirement fund to be used and applied to the payment of
contractual obligations incurred by the Township under contracts for
the construction of sewer improvements.
(2) If
at the time of mailing the annual tax levy, there shall be funds on
hand in the sewer bond debt retirement fund earmarked and set aside
for the payment of the contractual obligations due prior to the next
tax collection period, such annual tax levy may be reduced accordingly.
Funds on hand in the sewer bond debt retirement fund are hereby earmarked
and pledged solely and only for the payment of any contractual obligations
incurred by the Township for sewer improvements.
B. Sewer reserve fund.
(1) There shall be maintained a separate depository account known as
the sewer reserve fund. All revenues so designated shall be paid into
this account and shall be used solely for the following purposes:
(a) Debt retirement, providing a reserve of at least $500,000 is maintained;
(b)
Extension or expansion of system;
(c)
Major repair (defined as repairs having a cost of not less than
$50,000);
(d)
Matching funds for grants;
(2) No
expenditure of reserve funds shall be made without the prior approval
or the Township Board.
C. Surplus. Any moneys remaining in the receiving fund after meeting
the requirements of the receiving fund may be used, at the option
of the Township, for:
(1) Advance
sewer debt retirement payments as authorized and provided in the contracts;
(2) The
acquisition and construction of additional extensions and improvements
to the system, or the payment of indebtedness incurred therefor; or
Nothing contained in this article shall be construed in any
way to prevent the Township from entering into additional contracts
under the provisions of either Act 185, Public Acts of Michigan, 1957
as amended, or Act 342, Public Acts of Michigan, 1939, as amended, for the acquisition, construction and financing of additions,
extensions and improvements to the system, and the use of revenues
of the system for the payment of additional contractual obligations
incurred thereby.
[Amended 8-25-1993 by Ord. No. 93-7]
A. All properties to which a public sanitary sewer shall become available
shall connect to such sewer within six months after the forwarding
of notice of the availability of such sewer by the Township Board
to the owner of or resident at such property. After the expiration
of said six-month period, it shall be unlawful for such property to
maintain or use a septic tank, cesspool, or any other private means
of disposal of sanitary sewage.
B. The owner of all buildings proposed and existing for use for human
occupancy for any purpose situated on property within the Township
which abuts any street, alley or right-of-way, whether public or private,
in which there is now located a public sanitary sewer shall be hereby
required, at his expense, to connect directly with the sanitary sewer;
provided, that the sanitary sewer is within 400 feet of the aforementioned
building. Connection with the sanitary sewer shall be in accordance
with the provisions of all applicable rules, regulations and ordinances
of Huron Township.
C. No connection shall be made or permitted to be made to any sanitary sewer of the system without obtaining the applicable permits referred to in §
426-6C of this article, nor shall any connection be made or permitted to be made to any of the sanitary sewers of the system which will in any way cause stormwater or surface drainage to be carried into said sanitary sewers. For new construction, application for permit to connect to any sanitary sewer of the system shall be made prior to the issuance of a building permit.
D. Ownership of the property will not be transferred until said property
is connected to the public sewer system, if available.
The Township shall file annual statements and audits as required
by law.
[Amended 8-14-1996 by Ord. No. 96-10]
No person shall discharge or cause to be discharged runoff or
surface water, subsurface drainage such as to footing drains for basements,
or uncontaminated industrial waste, to any sanitary sewer. In no case
shall the excavation for basements be temporarily or permanently drained
into a sanitary sewer system. The house lead and building drain, immediately
upon being placed, shall be tightly capped or thoroughly sealed and
all interior stacks and openings shall remain in this condition until
the basement floor and basement walls have been laid to grade.
[Amended 8-14-1996 by Ord. No. 96-10]
A. Any person found to be violating any provision of this article shall
be served by the Township with written notice stating the nature of
the violation and ordering the correction thereof. The offender shall
immediately cease all violations, unless he has been given a period
of time in which to make the corrections.
B. Any person who shall continue any violation beyond the time limit
established in the written notification from the Township shall be
guilty of a misdemeanor. Each day that a violation exists shall constitute
a separate and distinct offense and shall be so punishable.
[Amended 8-14-1996 by Ord. No. 96-10]
The sewer rules and regulations as adopted by the Township Board
are regulated and enforced under the provisions and penalties of this
article.
[Amended 8-14-1996 by Ord. No. 96-10]
This article shall be recorded in the official Huron Township
Ordinance Book as soon as practicable after its passage, which record
shall be authenticated by the signatures of the Township supervisor
and Township Clerk an shall be published in accordance with law.
[Adopted 4-14-1999 by Ord. No. 99-3 (Part 171 of the 1995 Compilation
of Ordinances)]
This article has its purpose the protection of the public health
and safety by abating and preventing pollution through the regulation
and control of the quantity and quality of wastewater admitted to
or discharged into the sewerage collection system of the Charter Township
of Huron (municipality) for the transportation and treatment of the
South Huron Valley Utility Authority publicly owned treatment works.
Its further purpose is to allow the Charter Township of Huron (municipality)
and the South Huron Valley Utility Authority to comply with all applicable
state and federal laws as required by the Federal Clean Water Act
of 1977, as amended, and the General Pretreatment Regulation for existing
and new sources of pollution (40 CFR 403) and the requirements of
the South Huron Valley Utility Authority Rules and Regulations.
A. This article is enacted in accordance with the authority and requirements
of the Federal Water Pollution Control Act of 1972 (Public Law 92-500)
as amended (including any applicable federal rules promulgated pursuant
thereto); Act 451 of 1994, MCLA § 324.3101 et seq., Water
Resources Protection; the County Department and Board of Public Works
Act, Act 185 of 1957, as amended; and/or the County Public Improvements Act, P.A. 342 of
1939 and Act 359 of P.A. of 1947 and Act 288 of 1967 (Plat Act), as amended; Act 40 of 1956 (Drain Code), as amended; Acts 185 of 1957, 233 of 1955, 7 of 1980 and 178 of 1985, each as amended, and the applicable rules and regulations
pertaining to said acts and the requirements of the national pollution
discharge elimination permits issued pursuant to said acts.
B. The Charter Township of Huron (municipality) hereby adopts, incorporates
herein and makes a part of this article, the following articles and
sections of the South Huron Valley Utility Authority Rules and Regulations
adopted March 24, 1999, and published herewith:
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Definitions
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Permit requirements
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Article III
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Design and construction requirements for wastewater transmission
facilities
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Article IV
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Design and construction requirements for stormwater facilities
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Article V
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Discharge of wastewater into public sewers
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Article VI
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Authority and duties of inspectors and protection of owners
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Article VII
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Appeal procedures
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Article VIII
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Separability and repealer clause
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Appendix A
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Local discharge limitations
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C. Copies of said South Huron Valley Utility Authority Rules and Regulations
are available for public distribution at a reasonable charge at the
office of the Township Clerk located at 22950 Huron River Drive, New
Boston, MI, during office hours.
A. Any violation of any provision of this article, except for those
violations set forth in Section 6.10.3 of the Rules and Regulations,
shall constitute a municipal civil infraction as defined in Article
12, P.A. 1994 (MCLA § 600.101 et seq.) and upon a finding
of responsibility, shall be fined in an amount of not less than $1,000,
plus actual damages incurred per violation per day for as long as
the violation continues. In addition, the court may access reasonable
attorneys' fees, court costs and other expenses associated with the
enforcement activities, including sampling, monetary and analysis
expenses.
B. Any person, firm or corporation violating any provision of this article
as set forth in Section 6.10.3 of the Rules and Regulations, shall
be guilty of a misdemeanor which shall be punishable upon conviction
thereof, by a fine not to exceed $500, or by imprisonment not to exceed
90 days, or both.