[History: Tribal Act #06-24.1650 enacted by Tribal Council at Special Session on April 26, 2006.]
When used in the provisions of these regulations for the regulation of water and sewer facilities, the following words shall be defined as follows:
(a) 
"Community means the governmental entity known as the Grand Traverse Band of Ottawa and Chippewa Indians and its members in the State of Michigan.
(b) 
"Department" means the Grand Traverse Band Department of Public Works created by the GTB Department of Public Works Ordinance, enacted on April 26, 2006, pursuant to the Constitution of the Grand Traverse Band of Ottawa and Chippewa Indians.
(c) 
"Person" means an individual, firm, partnership, association, organization, corporation or other legal entity.
(d) 
"Community Water System" means all public water supply systems owned and operated by the Grand Traverse Band.
(e) 
"Community Sewerage Systems" means the sewerage systems owned and operated by the Grand Traverse Band for the collection, treatment and disposal of liquid and water-carried domestic and industrial wastes.
(f) 
"Plumbing Fixtures" means the receptacles, devices or appliances supplied with water which receive or discharge liquids or liquids-borne wastes, all necessary connecting pipes, fittings, control valves and appurtenances in or adjacent to the building.
(g) 
"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.
(h) 
"Domestic Well" means a well which serves or is intended to serve as a source of water supply for domestic use or drinking water.
(i) 
"Owner" means the legal owner of the premises which water or sewer service is to be provided.
(j) 
"Occupant" is 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.
(k) 
"Cross-Connections" means a connection or arrangement of piping or appurtenances through which a backflow could occur.
[History: Tribal Act #06-24.1650 enacted by Tribal Council at Special Session on April 26, 2006.]
(a) 
Public Policy of Grand Traverse Band.
(1) 
Use of Water Source Other Than Community Water System. It shall be the public policy of Grand Traverse Band to encourage any person constructing, maintaining or utilizing a source of water supply other than the community system for drinking and sanitation purposes to connect to the community water and sewer system. Individually owned and maintained domestic wells for irrigation purposes shall be permitted only upon compliance with requirements of the Michigan Department of Public Health, Indian Health Service, and the ordinances and regulations of the Grand Traverse Band Reservation.
(2) 
Disposal of Sewage and Liquid Wastes. It shall be the public policy of Grand Traverse Band to discourage any person from disposing of sewage, liquid wastes, or human excretion upon any premises 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 systems.
(3) 
Occupancy of Certain Buildings. It shall be the public policy of Grand Traverse Band to encourage any person or occupant to not reside within any place of permanent or temporary residence of any building located within 200 feet of lines of the community water and sewerage systems or to conduct any business in any such buildings unless said building is connected to the community water line and the community sewerage system, provided, that in the case of temporary buildings to be occupied for periods of not more than 30 days in any one year upon application by the owner of such buildings and a showing satisfactory to the Authority 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 system for any commercial agricultural uses. Individual gardens shall be considered domestic uses.
(5) 
Unauthorized Connections.
(A) 
It shall be unlawful for any person to connect any individual water service line to the 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 to the community sewerage system or to repair, modify, or disconnect any such connection except as provided herein.
(6) 
Cross-Connections. The customer shall not make a cross-connection with the Tribal Public Water Supply. A cross-connection is defined as any physical connection between the Tribal Public Water system and another piping system. Any individual source must be totally disconnected from the household plumbing prior to connection to the Tribal Public Water Supply. "Disconnection" done solely by a valve shall not be allowed. (See Chapter 4, Cross-Connection Control Ordinance.)
(7) 
Unauthorized Disposal. The customer shall not 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 installation and use of garbage grinders on household waste plumbing is prohibited.
(8) 
Toxic Waste Disposal. No customer shall dispose of any toxic, radioactive or otherwise hazardous waste into any sanitary or storm sewerage system. Toxic and hazardous waste includes but are not limited to: oil, pesticides, gasoline, organic solvents, paint, poisons, medical waste, antibiotics, and other manufactured chemical compounds.
(b) 
Order for Connection and Failure to Comply.
(1) 
If any person fails to comply for more than 10 days after notice in writing from the Tribe or from the GTB Department of Public Works to make a connection or otherwise comply with these regulations and any regulations issued pursuant thereto, the Tribe may cause connection to be made or compliance to be effected, and the expense thereof shall be assessed against his/her per capita.
(2) 
The owner may within 30 days after the completion of the work file a written option with the Tribe stating that he/she cannot pay such amount in one sum and ask that it be levied in not to exceed five equal annual installments, and the amount shall be collected with interest at the rate of 10% per annum from the completion of the work.
(3) 
The unpaid balance shall constitute a special tax lien on per capita installments.
(4) 
Nothing in the foregoing provisions shall exempt such owner from being proceeded against for creating a public nuisance or from any of the penalties provided in these regulations.
(c) 
Connections to Community Systems.
(1) 
Making of Connections. All individual water service and sewer service connections and repairs, modifications, or disconnections shall be made only by a Michigan licensed plumber or contractor, upon approval of an application/permit and shall be done at the expense of the applicant or user. The permit can be obtained at the GTB Department of Public Works.
(2) 
Application for Water Service Connection.
(A) 
Each application for water service connection, repair, modification or disconnection shall be made in writing to the GTB Department of Public Works and shall be signed by the owner of the premises and shall include the following:
(i) 
Legal name and address of the applicant.
(ii) 
Description of the property and building for which the water service is requested.
(iii) 
The name and address of the person who will install the service lines from the building to be served to the community water system.
(iv) 
A description of the fixtures to be used in the structure or building.
(v) 
An agreement to be responsible for and to pay promptly all charges for the service in accordance with the applicable schedule of charges for the service.
(vi) 
Such additional information as the GTB Department of Public Works may require to demonstrate that the proposed connection complies with these regulations and any applicable regulations promulgated by the Grand Traverse Band Department of Public Works.
(B) 
All application/permit fees shall be paid in full to the GTB Department of Public Works prior to issuance of any application permit.
(3) 
Application for Sewer Service Connection.
(A) 
Each application for sewer service connection, repair, or modification shall be made in writing to the GTB Department of Public Works, shall be signed by the owner of the premises and shall include the following:
(i) 
Legal name and address of the applicant.
(ii) 
Description of the property and building to be served.
(iii) 
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.
(iv) 
The name and address of the person who will install the service lines from the building to be served to the community sewerage system.
(v) 
An agreement to be responsible for and to pay promptly all charges for the service in accordance with the applicable schedule of charges for the service.
(vi) 
Such additional information as the GTB Department of Public Works may require to demonstrate that the proposed connection complies with these regulations and any regulations promulgated by the Grand Traverse Band Department of Public Works.
(B) 
All application/permit fees shall be paid in full to the GTB Department of Public Works prior to issuance of any application permit.
(4) 
Approval of Application. If the GTB Department of Public Works is satisfied that the application and the proposed connection complies with these regulations and applicable regulations hereunder related to the utilization of the community water and sewerage system, it shall approve the application and make or allow the connection applied for, provided that, the GTB Department of Public Works 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.
(5) 
Hearing on Denial of Application. Any person whose application for a connection has been denied or approved with conditions may within 10 days of official notification of the GTB Department of Public Works action, file a written request for a hearing before the Director of Public Works; if results of the hearing are unsatisfactory to the individual a hearing with the Tribal Manager can be requested. Such hearing shall be held within 30 days after the filing of the request and upon reasonable notification of the applicant. The GTB Department of Public Works shall affirm, modify, or revoke the application.
(6) 
Installation of Service Lines.
(A) 
All service lines from the building to be served to the point of connection to the community water or sewerage system shall be installed by the user or owner at his/her own expense, including the connection to the main.
(B) 
The user and/or owner shall be responsible for the cost of maintenance and repair of his/her water and sewer service lines.
(7) 
Meters. All commercial facilities/structures that are connected to any of the Tribally owned public water systems are required to install a water meter. All meters for measurement of utility services provided shall be installed in accordance with the requirements of the Department in such locations as determined by the Department and shall be maintained by the Department. All meters shall remain accessible to Department personnel and no person shall obstruct or tamper with any meter. Such obstruction or tampering shall be a violation of these regulations and subject the violator to actual damages and civil penalties under these regulations. The assignee of the property on which the meter is located shall be responsible for all damage to or tampering with the turn off/on water valve attached to such meter.
•
All residential connections to a Tribally owned public water supply shall be metered.
•
All new construction shall be metered prior to connection.
•
All existing connections shall be metered at the owner's expense.
(8) 
Rate Schedule. There will be a rate schedule established by the Department of Public Works providing services to water and sewer customers. This rate schedule will include but is not limited to a metered rate and/or a monthly fee determined by the size of the service connection.
[History: Tribal Act #06-24.1650 enacted by Tribal Council at Special Session on April 26, 2006.]
(a) 
Authorized Inspections. The Grand Traverse Band Department of Public Works, and its authorized agents, as well as the authorized agents of the Tribe, are hereby authorized to make such inspections at reasonable times during daylight hours as are necessary to determine satisfactory compliance with these regulations and the regulations promulgated hereunder.
(b) 
Duty to Permit Entry. The owner and occupant of a property shall provide such agents of the GTB Department of Public Works and of the Tribe access to the property for the purpose of making such inspections, and to read meters.
[History: Tribal Act #06-24.1650 enacted by Tribal Council at Special Session on April 26, 2006.]
(a) 
Administration.
(1) 
Responsibility for operation and maintenance of the water and sewerage systems shall be vested solely in the Grand Traverse Band Department of Public Works, including the responsibility of making the necessary inspections.
(2) 
Responsibility for enforcement of these regulations shall be vested in the GTB Department of Public Works, which shall report all instances of violation and noncompliance to the Grand Traverse Band Tribal Manager, then to the Tribal Council. Responsibility for legal action to enjoin violations, to enjoin public nuisances, to collect penalties, and to prosecute violators shall be vested in the GTB Department of Public Works, which shall be obligated to take any appropriate legal action based upon a complaint filed by a resident of the community or customer of the GTB Department of Public Works.
(3) 
The GTB Department of Public Works shall collect, retain and disburse all charges and fees in accordance with the schedule of charges and fees established. Such schedule of fees and charges may be amended or altered by the Department in the manner provided, but such schedule and the amendments thereto shall have no force nor effect until duly posted as provided. Such schedules shall be approved by the Tribal Council of the Grand Traverse Band Reservation.
(4) 
Regulations.
(A) 
Rules and regulations of the GTB Department of Public Works under these regulations shall be adopted or amended after a public hearing. Notice of the proposed action shall contain the entire text of the proposed rules or regulations or shall state generally the substance thereof and 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 GTB Department of Public Works for a period of not less than 10 days prior to the date of the hearing.
(B) 
A current file of all rules and regulations adopted by the GTB Department of Public Works under these regulations shall be available for public inspection during regular business hours at the office of the GTB Department of Public Works.
(C) 
The GTB Department of Public Works is authorized to adopt and amend from time to time, rules and regulations to carry out the provisions of these regulations; but no person shall be bound for any such rule or regulation unless it shall have been posted for public inspection for 10 consecutive days before its adoption. All amendments are subject to approval or disapproval by the Grand Traverse Band Tribal Council.
(b) 
Operation and Maintenance of Water and Sewerage Systems.
(1) 
Standards for Installation. The GTB Department of Public Works may promulgate, alter and amend regulations establishing standards for the installation of domestic fixtures to be served by connections to the community water and 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 GTB Department of Public Works shall operate and maintain the water and sewer systems in accordance with the provisions of these regulations, as amended, and in compliance with the standards and requirements for operation and maintenance from time to time promulgated, ordered or defined by executive agencies of the federal government with subject matter jurisdiction.
(3) 
Consumer's Option to Install New Meter. If the Residential consumer is unhappy with the basis of charge, he/she can at his/her own expense obtain a water meter of a type approved by the American Water Works Association. The consumer also must furnish test results to verify that the meter registers within 2% plus or minus of the true amount of water delivered on the maximum flow for the size and type of meter supplied. The meter will then be installed at the customer's expense and read periodically by the GTB Department of Public Works employees. The water bill will then be computed on the basis of the gallons actually used according to the rate in the fee schedule. The sewer bill will equal to 100% of the water bill and in no case will the minimum charge for water and sewer service be less than the flat rate charge for residential use. Meter accuracy must be affirmed by a qualified test facility at least once every three years at the consumer's expense.
No meter shall be removed or otherwise disturbed except by GTB Department of Public Works employees or parties authorized by the Tribal Manager and/or Tribal Council.
(4) 
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 GTB Department of Public Works shall be consulted for advice as to the best method of installation and for information concerning the conditions under which the water will be supplied to the premises of the customer.
(B) 
In general, the GTB Department of Public Works 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.
(5) 
Termination of Service; Abandonment. A customer planning to vacate the grounds, building or residence served by the GTB Department of Public Works shall notify the GTB Department of Public Works in writing one week prior to the date the customer plans to either vacate or terminate service, whichever is later. A customer who fails to give notice is responsible for all charges accrued up to one week after notice is received by the GTB Department of Public Works, or up until service is terminated, whichever comes first.
(6) 
Occasional Service. Excessive water taken from a tap and used for construction work, must be covered by a written permit which can be obtained only from the GTB Department of Public Works. No contractor or construction worker shall draw excessive water from the community system without obtaining a permit. No customer shall allow any contractor, mason, laborer or other person to take excessive water from the customer's premises without presentation of a permit from the Department. A customer failing to comply with this rule shall have his/her service shut off, and upon conviction thereof shall be punished as provided in Chapter II.
(7) 
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 GTB Department of Public Works shall reserve the right to determine excessive use.
(8) 
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 heavy sprinkling, the GTB Department of Public Works 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 GTB Department of Public Works. The emergency shall be deemed to exist until the GTB Department of Public Works shall proclaim by another notice that the same has terminated.
[History: Tribal Act #06-24.1650 enacted by Tribal Council at Special Session on April 26, 2006.]
(a) 
Penalties. Any person who violates, refuses to comply with, or resists the enforcement of, any of the provisions of these regulations shall be subject to a fine of not less than $25 nor more than $500 by the GTB Tribal Court.
(b) 
Other Proceedings. Nothing in the foregoing Article A shall exempt such violator from being proceeded against by the GTB Department of Public Works for creating a public nuisance nor from having water or sewerage services terminated by the GTB Department of Public Works.
(c) 
Conflict of Ordinances or Regulations; Effect of Partial Invalidity. In any case where a provision of these regulations 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 these regulations, 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 ordinance, which establishes a lower standard for the promotion and protection of the health and safety of the people than the provisions of these regulations, shall be superseded by these regulations, and such other ordinances, codes, resolutions are hereby declared to be repealed to the extent that they may be found in conflict with these regulations.
If any chapter, subchapter, paragraph, sentence, clause, or phrase of these regulations shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect; and, to this end, the provisions of these regulations are hereby declared to be severable.
(d) 
Damages; No Claims For. No persons using water or sewer services provided by the GTB Department of Public Works shall enter a claim against the GTB Department of Public Works, the Tribe or the office thereof for damages to any fixture or appurtenance by reason of back-up of sewage or sewer gas or interrupted water supply or variation 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 his or their premises for violation of any rule or regulation of the GTB Department of Public Works. No claims will be allowed against the GTB Department of Public Works on account of interruption of supply caused by breaking of pipes or by stoppage for repairs or for fire or other emergency. In case of a probable stoppage of water supply when time of interruption can be forecast, every reasonable attempt will be made by the GTB Department of Public Works to acquaint the consumer with the action proposed.