[History: Tribal Act #06-24.1650 enacted by Tribal Council
at Special Session on April 26, 2006.]
(a)
The organization shall be organized and operated for the following
purposes:
(1)
To provide for sanitary community water supply and community
wastewater treatment and disposal systems;
(2)
To assume control of and responsibility for the operation, repair
and maintenance of the water and sewer facilities and equipment so
as to keep said facilities in good operating condition, in accordance
with accepted standards and practices;
(3)
To establish service charges sufficient to sustain the proper
operation, maintenance and repair of the system, and to provide for
depreciation, and contingencies; and
(4)
To collect such service charges from individuals, businesses,
concerns and establishments and any other entities served by the system.
(b)
The purpose of this ordinance is to comply with the Clean Water Act,
33 U.S.C. § 1251 et seq.; Safe Drinking Water Act, 42 U.S.C.
§ 300f et seq.; and the provisions governing "Treatment
as a State". CWA § 518, 33 U.S.C. § 1377; SDWA
§ 1451, 42 U.S.C. § 300j-11.
(c)
Tribal Water Quality Standards are provisions of law that:
(1)
Specifically designate the uses of surface waters;
(2)
Establish the water quality criteria that are necessary to protect
designated uses; and
(3)
Establish an antidegradation policy and implementation procedures
for maintaining and protecting existing water quality.
(4)
See Tribal Water Quality Standards Available through EPA, last
visited April 18, 2006.
[History: Tribal Act #06-24.1650 enacted by Tribal Council
at Special Session on April 26, 2006.]
(a)
Tribe or Band" means the Grand Traverse Band of Ottawa and Chippewa
Indians.
(b)
"Council" means the governing body of the Grand Traverse Band Tribal
Council.
(c)
"GTB Department of Public Works" is the department that has been
set up and is authorized to operate and maintain the community water
and wastewater facilities and to provide utility services as directed
by the Tribe.
(d)
"Community Water System" means the water supply system owned by the
Tribe.
(e)
"Community Sewerage System" means the sewerage system owned and operated
by the Tribe for the collection and disposal of liquid and water-carried
domestic and industrial wastes.
(f)
"Department" means the GTB Department of Public Works.
(g)
"Plumbing Fixtures" means 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.
(h)
"Individual Sewage Disposal System" means 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.
(i)
"Domestic Well" means a well which serves or is intended to serve
as a source of water supply or domestic use or drinking water.
(j)
"Persons" means an individual, firm, partnership, association, organization,
corporation, or other legal entity.
(k)
"Commercial" means any building or facility which is not residential.
[History: Tribal Act #06-24.1650 enacted by Tribal Council
at Special Session on April 26, 2006.]
[History: Tribal Act #06-24.1650 enacted by Tribal Council
at Special Session on April 26, 2006.]
(a)
The Council, Tribal Manager, or Executive Assistant has the authority
to enter into agreements, contracts, and understandings with any governmental
agency, federal, state, or local or with any person, partnership,
or corporation.
(b)
To purchase insurance for any property or against any risk or hazard.
(c)
To establish and maintain such bank accounts as may be necessary
and convenient provided such accounts shall be fully covered by F.D.I.C.
(d)
To levy and collect reasonable fees for utilities and services, including
but not limited to monthly service charges, connection fees, penalties,
construction permits, and other assessments deemed necessary by the
Department Manager and approved by the Council.
(e)
To issue bills and collect payment for sewer and water service from
each individual, concern, or establishment served by the Tribally
owned water and wastewater systems, and to maintain records of the
income, disbursements, and expense of the operation of the systems.
(f)
The Tribal Administration shall employ personnel to operate the water
and sewer facilities, establish the duties and compensation of employees,
and to pay this compensation as an operating expense of the community
water and wastewater systems.
(g)
The Tribal accounting department is responsible for the disbursement
of monies for payment of existing and future operation and maintenance
expenses of the community water and wastewater systems from the water
and wastewater program account.
(h)
To prepare public notice of charge for water and sewer service to
set the date for such charges to begin, and to send this notice to
each individual, concern, or establishment served by the Community
Water and Wastewater Systems.
(i)
To establish a "connection fee" for water and wastewater service
connections to all persons, businesses and non-Indian residences using
water according to the size of water service and the purpose for which
use is intended.
(j)
To promulgate regulations to implement the authority of this ordinance.
[History: Tribal Act #06-24.1650 enacted by Tribal Council
at Special Session on April 26, 2006.]
The effective date of this ordinance is April 26, 2006, and
supersedes all prior GTB Utility Department acts, ordinances, or resolutions
except those resolutions related to the refinancing of the Grand Traverse
Resort and Spa, LLC.
