[Adopted 3-15-2010 by Ord. No. 20100315b]
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
Any portion of the New Buffalo Township waste water collection
system which is located in a street, road, highway, right-of-way,
easement, or public or private way which crosses, adjoins, abuts or
is contiguous to the real estate or land affected and which in the
case of real estate or land on which a single-family dwelling unit
is located in a street, road, highway, right-of-way, easement or public
or private way crossing, adjoining abutting or contiguous to any real
estate or land within the special assessment district as defined herein
on which is located a structure in which sewage originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building
wall.
The extension from the building drain to the public drain
to the public sanitary sewer main, or other place of disposal, whether
on public or private property.
A sewer receiving both surface runoff and sewage.
That unit as established through contracts by and between
Chikaming Township, New Buffalo Township, the City of New Buffalo,
Lake Township and the City of Bridgman.
Solid wastes from the domestic and commercial preparation
cooking and dispensing of food, and from the handling, storage, and
sale of produce.
The liquid wastes from industrial, manufacturing processes,
trade or business as distinct from sanitary sewage.
One or more of the following governmental units: Chikaming
Township, New Buffalo Township, City of New Buffalo, Lake Township,
City of Bridgman.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewer, with no particle greater than 1/2 inch in any dimension.
A sewer main in which all owners of abutting properties have
equal rights and is controlled by public authority and includes all
sewers in the GRSD, but shall not include a building sewer or any
connection thereto which serves only one building or owner.
A sewer which carries sewage and to which storm-, surface,
and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground-, surface, and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating, and disposing
of sewage and includes all facilities of System No. 7.
A pipe or conduit for carrying sewage.
"Shall" is mandatory; "may" is permissive.
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds for any period of duration longer than 15 minutes more than
five times the average twenty-four-hour concentration of flows during
normal operation.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
The Joint Board of the District or its authorized deputy,
agent, or representative.
Solids that either float on the surface of or are in suspension
in water, sewage, or other liquids, and which are removable by laboratory
filtering.
A channel in which a flow of water occurs, either continuously
or intermittently.
A.
Use of public sewers required.
(1)
It shall be unlawful for any person to place, deposit, or permit
to be deposited in any unsanitary manner upon public or private property
within the Township or in any area under the jurisdiction of the Township
any human or animal excrement, garbage, or other objectionable waste.
(2)
It shall be unlawful to discharge to any natural outlet or drain
within the Township or in any area under the jurisdiction of the Township
any sewage or other polluted waters except where suitable treatment
has been provided in accordance with subsequent provisions of this
article or the requirements of law.
(3)
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 in the District.
(4)
Structures in which sewage originates shall be connected to an available
sanitary sewer in accordance with the provisions of New Buffalo Township
ordinances which are incorporated herein by reference.
(5)
Each property owner owning property on which is located a structure
in which sanitary sewage originates shall at his own expense install
suitable sewage facilities in said structure and shall cause such
facilities to be connected to an available public sanitary sewer system.
B.
Connection procedure.
(1)
Such connection shall be completed promptly but in no case more than
90 days from the date of the occurrence of the last of the following
events;
(a)
Publication of a notice by the Township Clerk of the availability
of the public sanitary sewer system in a newspaper of general publication
in the Township; and mailing written notice of the availability of
public sanitary sewer to the owner or any one of the owners in the
case of dual ownership.
(b)
Modification of a structure so as to become a structure from
which sanitary sewage originates.
(2)
If the owner of property on which is located a structure from which sanitary sewage originates does not complete connection to an available sewer within the ninety-day period prescribed in Subsection B(1) hereof, the Township Clerk shall notify said person by written notice that connection to the system is required forthwith.
(3)
The giving of the written notice required by Subsection B(2) of this section shall be made by personally delivering the same to the property owner or any one of the property owners, or by mailing the same by registered or certified mail, return receipt requested, or by posting the same in a conspicuous place on the premises. Said notice shall give the approximate location of the available public sanitary sewer system which is available for connection of the structure involved and shall advise the property owner of the requirements and of the enforcement provisions of this article.
(4)
Where the written notices required hereunder are given by mailing,
it shall be sufficient to mail a single written notice to the owner
or any one of the owners, in the case of co-ownership, at the address
of such owner according to the Township's real estate tax records.
C.
Late connection. In the event the property owner is unable to connect to the system within the time period prescribed by the provisions of Subsection B of this section, said property owner may appeal to the New Buffalo Township Board to allow said person additional time in which to connect without penalty and without civil proceedings being initiated against him.
D.
Required filings. New Buffalo Township and the District may require
each person who applies for or receives sewer service, or through
the nature of the enterprise creates a potential environmental problem,
to file the materials listed below with the GRSD and New Buffalo Township:
(1)
A written statement setting forth the nature of the enterprise, the
enterprise, the source and amount of the water used, the amount of
water to be discharged with its present or expected bacterial, physical,
chemical, radioactive or other pertinent characteristics of the wastes.
(2)
Provide a plan map of the building, works, or complex with each outfall
to the surface waters, sanitary sewer, storm sewer, natural watercourse,
or groundwaters noted described and the waste stream identified.
(3)
Sample test and file reports with the District and the appropriate
state agencies on appropriate characteristics of wastes on a schedule,
at locations and according to methods approved by the Joint Board.
(4)
Place waste treatment facilities, process facilities, waste streams,
or other potential waste problems under the specific supervision and
control of persons who have been certified by an appropriate state
agency as properly qualified to supervise such facilities.
(5)
Provide a report on raw materials entering the process or support
system, intermediate materials, final products, and waste by-products,
as those factors may affect waste control.
(6)
Maintain records and file reports on the final disposal of specific
liquid, solid, sludge, oils, radioactive materials, solvents, or other
wastes.
(7)
If any industrial process is to be altered so as to include or negate
a process waste or potential waste, written notification shall be
given to the District and be subject to approval.
A.
Where a public sanitary or combined sewer is not available under the provisions of § 345-25A(4), the building sewer shall be connected to a private sewage disposal system complying with the regulations of the Berrien County Health Department.
B.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 345-25A(4), a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
C.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times at no expense to the
Township.
D.
No statement contained in this article shall be construed to interfere
with any additional requirements that may be imposed by the Berrien
County Health Department.
E.
In the
event the owner of a private sewer system adds any additional connections
to the system, either new structures or existing structures or any
other connection, those connections must be permitted and the owner
is bound by all sections of this article and the New Buffalo Township
Sewer and Sewage Disposal Ordinance.
[Added 7-20-2015]
A.
Connections; performance of work.
[Amended 8-21-2017]
(1)
No
unauthorized and unlicensed person shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the District.
(2)
Only
those persons or individuals who have current license permit bond
in the amount of $10,000 on record at the New Buffalo Township Building
Department, 17425 Red Arrow Hwy., New Buffalo, MI, 49117, are authorized
to perform any work on the Township public sewer within the Township
sewer right-of-way. Galien River Sanitary District itself is exempt
from this requirement.
(3)
Notwithstanding
any provisions of this article, the Township's Utility Superintendent
shall have the authority and discretion to determine the point of
any connection to the public sanitary sewage system based on prudent
utility practice; all applicable requirements including, but not limited
to, the building and plumbing code; and other applicable rules and
regulations of the Township. "Prudent utility practice" at a particular
time means any of the practices, methods, and acts (including but
not limited to the practices, methods and acts engaged in or approved
by a significant portion of the sewerage and wastewater utility industry
prior thereto), which, in the exercise of reasonable judgment in light
of the facts and the characteristics of the public sanitary sewage
system known at the time the decision was made, would have been reasonably
expected to accomplish the desired result at reasonable cost consistent
with reliability, safety and expedition and good customer relations.
"Prudent utility practice" is not intended to be limited to the optimum
or minimum practice, method or act, to the exclusion of all others,
but rather to be a spectrum of possible practices, methods or acts.
[Added 5-11-2023]
B.
There shall be two classes of building sewer permits: (1) for residential
and commercial service; and (2) for service to establishments producing
industrial wastes. In either case, the owner or his agent shall make
application on a special form furnished by the District. The permit
application shall be supplemented by any plans, specifications, or
other information considered pertinent and an inspection fee in an
amount as established from time to time by resolution of the Township
Board for a residential, commercial or industrial building sewer permit
shall be paid to the Township Treasurer at the time the application
is filed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Township from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
D.
A separate and independent building sewer shall be provided for every
building except where one building stands at the rear of another on
an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court, yard, or driveway,
the building sewer from the front building may be extended to the
rear building and the whole considered as one building sewer.
E.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent,
to meet all requirements of this article.
F.
The size, slope, alignment, materials of construction of a building
sewer; and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench, shall all conform to
the requirements of the Building and Plumbing Code or applicable rules
and regulations of the Township. In the absence of code provisions
or in amplification thereof, the materials and procedures set forth
in appropriate specifications of ASTM and WPCF Manual of Practice
No. 9 shall apply.
G.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sewage carried by such building drain shall be lifted by an
approved means and discharged to the building sewer.
H.
No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
I.
The connection of the building sewer into the public sewer shall
conform to the requirements of the Building and Plumbing Code or other
applicable rules and regulations of the Township, or the procedures
set forth in appropriate specifications of the ASTM and the WPCF Manual
of Practice No. 9. All such connections shall be made gastight and
watertight. Any deviation from the prescribed procedures and materials
must be approved by the District before installation.
J.
The applicant for the building sewer permit shall notify the District
when the building sewer is ready for inspection and connection to
the public sewer. The connection shall be made under the supervision
of the Superintendent or his representative.
K.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Superintendent.
[Added 7-21-2014]
A.
Food preparation.
(1)
Food service establishments or any property containing commercial
food preparation equipment that can or may result in the discharge
of wastewater containing excessive amounts of grease must install
a minimum 1,000-gallon vault-type grease trap/interceptor.
(2)
The Township and the GRSD Sewer Authority reserve the right to make
determinations of grease interceptor adequacy and need, based on review
of all relevant information regarding grease interceptor performance,
maintenance, and facility site and building plan review to require
repairs to, modification, or replacement of such interceptors or traps.
(3)
All grease trap/interceptor plans and specifications shall be submitted
and approved by the Township prior to installation.
(4)
All grease trap/interceptors shall be maintained by the user at the
user's expense so as to be in continuously effective operation.
(5)
The local unit of government or the designated inspector may conduct
inspections of every food service establishment connected to the sewer
collection system as it deems necessary.
B.
Existing food establishments. While existing restaurants or food service establishments are allowed to use interior or the smaller-type exterior grease traps that were legal at that time, they may continue with their use as long as they do not contribute grease to the sanitary sewer line. It is recommended that they upgrade to the current specification. In the event that the Township incurs problems with grease clogging sewer lines within the vicinity of such establishment, or upon inspection of improperly maintained grease traps, it will result in a mandate to install the required type of grease trap (addressed in Subsection A of this section) within one year from the date of occurrence or notice. Failure to abide by this section may result in fines. Fines, cost and fees are established by resolution of the Township Board from time to time. The food establishment owner may be responsible for additional costs to clean and clear the sewer line and possibly for any cost for damages done in addition to the ordinance fine.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water, or unpolluted industrial process waters to any sanitary
sewer.
B.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as combined sewers or
storm sewers, or to a natural outlet approved by the appropriate state
and county agency. Industrial cooling water or unpolluted process
waters may be discharged, upon approval of the appropriate state or
county agency to a storm sewer or natural outlet.
C.
Except as hereinafter provided by specific limits, no person shall
discharge or cause to be discharged any of the following described
waters or wastes to any public sewer:
(1)
BOD in excess of 300 mg/l.
(2)
COD in excess of 450 mg/l.
(3)
Chlorine demand in excess of 15 mg/l.
(4)
Color, as from but not limited to dyes, inks, and vegetable tanning
solutions, shall be controlled to prevent light absorbency which would
interfere with treatment plant processes or that prevent analytical
determinations.
(5)
Explosive liquid, solid, or gas, gasoline, benzene, naphtha, fuel
oil, or other flammables.
(6)
Garbage not properly shredded (no particle size greater than 1/2
inch).
(7)
Grease, oils, wax, fat, whether emulsified or not, in excess of 50
mg/l, or other substances which may solidify or become viscous at
temperatures between 32° F. and 150°.
(8)
Industrial wastes in concentration above limitations set forth by
appropriate state agencies to comply with federal guidelines for protection
of treatment plants and receiving watercourses, shall not be allowed
to enter sanitary sewers in sufficient quantity to impair the operation
of the sewage treatment processes.
(9)
Inert suspended solids (such as but not limited to Fullers earth,
lime slurries, and lime residues) or of dissolved solids (such as
but not limited to sodium chloride and sodium sulfate) in unusual
concentrations.
(10)
Insoluble, solid, or viscous substances, such as but not limited
to ashes, cinders, sand, mud, straw, shavings, metal, glass, tar,
feathers, plastics, wood, hair, fleshings, etc.
(11)
Noxious or malodorous gas, such as but not limited to hydrogen
sulfide, sulphur dioxide, or oxides of nitrogen, and other substances
capable of producing a public nuisance.
(12)
pH less than 5.5 and greater than 9.5.
(13)
Radioactive wastes or isotopes of such half-life or concentration
which may exceed limits established by applicable state and federal
regulations.
(14)
Suspended solids in excess of 350 mg/l.
(15)
Temperatures of wastes less than 32° F. and greater than
150° F.
(16)
Waters or wastes containing substances which are not amendable
to treatment only, to such degree that the sewage treatment plant
effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters.
D.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection C of this section, and which in the judgment of the District may have deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the District may:
E.
If the District permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment shall
be subject to the review and approval of the Superintendent and subject
to the requirements of all applicable codes, ordinances and laws.
(1)
Grease, oil and sand interceptors shall be provided when, in the
judgment of the District, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts or any flammable
wastes, sand, or other harmful ingredients, except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be a type and capacity approved by the District
and accessible for cleaning and inspection.
(2)
Any person that owns or occupies property served by a building sewer
that connects the property, including a structure, fixture or improvement
on the property, shall be fully responsible for and pay all costs
incurred if the sewer lateral that connects the property to the Township
sewage system becomes plugged, blocked, or backed up. The owner and/or
occupant shall be responsible for paying all costs to correct any
overflow, backup or damage to the sewer pipe from the main sewer line
to the structure, fixture or improvement on the property. The owner
and/or occupant shall hold New Buffalo Township harmless from any
costs that result from the sewer main to the structure, fixture or
improvement.
[Added 11-15-2010]
(3)
In
the event the 6-inch sewer lateral should require open excavation,
the property owner must contact New Buffalo Township and the Township
will coordinate the excavation process.
[Added 8-26-2021]
F.
Where preliminary treatment or flow equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
G.
When required by the District, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control manhole together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of wastes. Such manhole, when required, shall be accessibly and safely
located, and shall be constructed in accordance with plans approved
by the Superintendent. The manhole shall be installed by the owner
at his expense and shall be maintained by him so as to be safe and
accessible at all times.
H.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this article shall be determined
in accordance with the most recent edition of "Standard Methods of
the Examination of Water and Sewage," and shall be determined at the
control manhole. In the event that no special manhole in the public
sewer is connected, sampling shall be carried out by customarily accepted
methods to reflect the effect of constituent upon the sewage works
and to determine the existence of hazards to life limb and property.
The particular analyses involved will determine whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether
grab sample or samples should be taken.
I.
No statement contained in this article shall be construed as preventing
any special agreement or arrangement between the District and any
industrial concern whereby an industrial waste of unusual strength
or character may be accepted by the District for treatment, subject
to payment therefor by the industrial concern.
J.
The Township is a party to a sanitary sewage disposal system agreement
with the Galien River Sanitary District. The agreement and amendments
create the District and place the system under the control and management
of the District. Exhibit "A" sets forth the rates, fees and charges
to be imposed upon and collected from the users of the system and
provides for review and changes of said rates, fees and charges from
time to time. Said rates, fees and charges, from time to time in effect
as provided in said agreement and amendments, are hereby approved
and adopted and all users of the system in the District in the Township
shall pay said rates, fees and charges for use of and connection to
any public sewer available to a user as provided in this article.
No free service shall be furnished by the system in the Township or
to any person, firm or corporation, public or private, or to any public
agency or instrumentality. Rates, fees and charges for services furnished
by the Galien River Sanitary District shall be billed and collected
monthly for commercial and industrial users and bimonthly for residential
users. The schedule of rates and charges shall be revised or amended
by ordinance or resolution from time to time by the Township Board.
K.
If any rates, fees and charges are not paid on or before the due
date, a penalty of 10% shall be added. In the event that the rates,
fees and charges for any such services furnished to any premises shall
not be paid within 15 days after the due date thereof, then all services
furnished by the system may be discontinued. Service so discontinued
shall not be restored until all sums then due and owing, including
penalties and interest, shall be paid plus a turn-on charge in an
amount as established from time to time by resolution of the Township
Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
L.
Rates, fees and charges for services furnished by the system to any
premises shall be a lien thereon as of the due date thereof, and on
October 1 of each year the Township Clerk shall certify any such rates,
fees and charges which have been delinquent 90 days or more, plus
penalties and interest accrued thereon, to the County Board of Commissioners
who shall enter the same upon the next tax roll against the premises
to which such services shall have been rendered and such delinquent
rates, fees and charges, with penalties and interest accrued thereon,
shall be collected and said lien shall be enforced in the same manner
a provided in respect to the taxes assessed upon such roll.
No unauthorized person shall maliciously, wilfully, or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the municipal sewage
works. Any person violating this provision shall be subject to immediate
arrest.
The Superintendent and other duly authorized employees of the
District bearing proper credentials and identification shall be permitted
to enter upon all properties for the purposes of inspection, observation,
measurement, sampling, and testing in accordance with the provisions
of this article. The Superintendent or his representatives shall have
no authority to inquire into any process, including metallurgical,
chemical, oil, refining, ceramic, paper, or other industries, beyond
the point having a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
A.
Any person found to be violating any provision of this article, except § 345-29, Protection from damage, shall be served by the Superintendent with 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.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be responsible for a civil infraction, and, upon conviction thereof, shall be fined in an amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C.
Any person who violates any provision of this article, or who discharges
or causes a discharge that produces a deposit or obstruction or otherwise
damages or impairs the Township Sewer system, which includes but is
not limited to manholes, gravity piping, laterals, force mains, and
lift stations, and its components, or causes or contributes to a violation
of any federal, state, or local law governing the system, shall be
liable to and shall fully reimburse the Township for all expenses,
costs, losses, or damages (direct or indirect) payable and incurred
by the Township as a result of such discharge, violation exceedence,
or noncompliance.
[Amended 8-21-2017]
D.
The provisions of this article shall be enforceable through the bringing
of appropriate action for injunction, mandamus, superintending control,
or otherwise, in any court having jurisdiction. Any violation of this
article is deemed to be a nuisance per se.
This article shall be known and may be cited as the "Township
of New Buffalo Sewer Use Ordinance."
