Township of Denton, MI
Roscommon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Township of Denton 7-11-2007 by Ord. No. 69. Amendments noted where applicable.]
This chapter shall be known and cited as the "Denton Township Sewer Ordinance."
A. 
The purposes of this chapter are to:
(1) 
Prevent the introduction of pollutants into the wastewater system that will interfere with the normal operation of the system, contaminate the resulting municipal sludge, or that will be incompatible with the system;
(2) 
Improve the opportunity to recycle and reclaim wastewater and sludge from the system;
(3) 
Require structures in which sanitary sewer originates and which are in the Township to connect to the public sewer system;
(4) 
Regulate the use of public and private sewers, drains, and private sewage disposal; regulate and control the installation and connection of building sewers; regulate the discharge of waters and wastes into the public sewer system;
(5) 
Establish rates and charges for connection to the public sewer system; to establish procedures for connection to the system; and
(6) 
Otherwise provide for the health, safety, and welfare of residents and property owners of the Township by the prohibitions described in this chapter.
B. 
The Township is empowered by Act 246 of the Public Acts of 1945, as amended (now MCLA § 41.181), to regulate private and public sewers, sewer connections, and to adopt ordinances regulating the health, safety, and welfare of persons and property, and to provide penalties for the violation of this chapter.
A. 
The provisions of this chapter supplement applicable Michigan statutes and Township ordinances.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORITY
The Houghton Lake Sewer Authority which is responsible for supervising and controlling the operation, maintenance, alteration, repair and management of the system.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in terms of weight and concentration (milligrams per liter).
BUILDING DRAIN
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.
BUILDING SEWER
The extension from the building drain to the public sewer or other places of disposal.
BYPASS
The intentional diversion of waste streams from any portion of a user's pretreatment facility.
CLASS OF USERS
The division of sanitary sewer customers into classes by similar process or discharge flow characteristics as follows:
(1) 
A retail or wholesale business engaged in selling merchandise or a service that discharges only segregated domestic wastes or wastes from sanitary conveniences.
(2) 
Any federal, state, or local government office or service facility that discharges only segregated domestic wastes or wastes from sanitary conveniences.
(3) 
(a) 
Any nongovernmental user of publicly owned treatment works that discharges more than 25,000 gallons of sanitary waste per day, or a volume of process waste or combined process and sanitary waste equivalent to 25,000 gallons of sanitary waste per day;
(b) 
Any nongovernmental user of a publicly owned treatment works that discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity (either singly or by interaction with other wastes) to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works; or
(c) 
All commercial users of an individual system constructed with grant assistance under Michigan statutes or other applicable rules, regulations or ordinances.
(4) 
An establishment involved in a social, charitable, religious, or educational function (such as school, church, nursing home, or hospital) that discharges only segregated domestic wastes or wastes from sanitary conveniences.
(5) 
A user of a sewer system whose premises or buildings are used primarily for a domicile for one or more persons (including dwelling units such as mobile homes, apartments, condominiums, or multifamily dwellings) and which discharge only segregated domestic wastes or wastes from sanitary conveniences.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COMPATIBLE POLLUTANT
A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, as well as additional pollutants identified in the groundwater discharge permit if the publicly owned treatment works was designed to treat such pollutants and, in fact, does remove such pollutants to a substantial degree.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
INCOMPATIBLE POLLUTANT
Any pollutant other than a compatible pollutant as that term is defined in this chapter.
INDUSTRIAL WASTES
The liquid wastes from industrial, manufacturing, trade, or business processes, as distinct from their employee's domestic wastes from sanitary conveniences.
INFILTRATION
Any waters entering the system from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow.
INFLOW
Any waters entering the system through such sources as, but not limited to, building downspouts, footing or yard drains, cooling water discharges, seepage lines from springs and swampy areas, and storm drain cross connections.
INSPECTOR
Any person or persons authorized by the Houghton Lake Sewer Authority to inspect and approve the installation of building sewers and their connection to the public sewer system.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any federal regulation containing pollutant discharge limits promulgated by the EPA that applies to a specific category of industrial users.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
NORMAL STRENGTH SEWAGE
A sanitary wastewater flow containing an average daily concentration of not more than 200 mg/liter of BOD, or not more than 250 mg/liter of suspended solids.
NPDES PERMIT
The permit issued pursuant to the National Pollution Discharge Elimination System for the discharge of wastewater into the waters of the state, issued pursuant to Section 402 of the Clean Water Act, as amended (now 33 USC § 1342).
OPERATION AND MAINTENANCE COSTS (O & M COSTS)
All costs (direct and indirect but other than debt service), that are necessary to operate and maintain the wastewater transportation and treatment system consistent with federal, state and local requirements, and to assure optimal long-term facility management (O & M costs include depreciation and replacement costs).
PERSON
Any individual, firm, company, association, society, or its corporation, trust, estate, group, or other legal entity, or its representatives, agents, or assigns.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
PRETREATMENT
The treatment of extra strength wastewater flows in privately owned pretreatment facilities to a less harmful state before discharging or otherwise introducing such pollutants into a publicly owned sewage works. The treatment may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement for treating of a waste before it is included in a public sewer, including National Categorical Pretreatment Standards.
PROPERLY SHREDDED GARBAGE
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 sewers, with no particle greater than 1/2 inch in dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and which is controlled by the Authority.
REPLACEMENT
Necessary expenditures made during the service life of the treatment works to replace equipment and plant appurtenances required to maintain the intended performance of the treatment works.
REVENUES and NET REVENUES
Carry the meaning as defined in Section 3, Act 94 of the Public Acts of 1933, as amended (now MCLA § 141.121).
SANITARY SEWER
A sewer which carries sewage and to which storm- , surface, and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground- , surface and storm waters as may be present. The three most common types of sewage are:
(1) 
The combination of liquid- and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
(2) 
A combination of liquid and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
(3) 
Wastes, including sanitary sewage, industrial sewage, stormwater, and infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
SEWAGE TREATMENT FACILITY
Any arrangement of devices and structures used for treating sewage or wastewater.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SHALL; MAY
"Shall" is mandatory; "may" is permissive.
SLUG
Any discharge of sewage or industrial waste which, in concentration of any given constituent, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration during normal operation.
STORM DRAIN (sometimes termed "STORM SEWER")
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Superintendent of Houghton Lake Sewer Authority, or his or her authorized deputy, agent, or representatives charged with duties and responsibilities by this chapter.
SUSPENDED SOLIDS
Solids that either float on the surface of, or in suspension in, water, sewage or other liquids and which can be removed by laboratory filtering.
SYSTEM
The complete sanitary sewage disposal system situated in the Township of Denton, including all sewers, pumps, lift stations, treatment facilities, and all other facilities used or useful in the collection, treatment and disposal of domestic, commercial or industrial wastes, including all appurtenances thereto and including all extensions and improvements thereto may hereafter be acquired.
TOWNSHIP
The Township of Denton, Roscommon County, Michigan, as represented by the Denton Township Board.
UPSET
An exceptional incident wherein there is unintentional and temporary noncompliance with this chapter due to factors that are beyond the reasonable control of the user. An "upset" does not include noncompliance insofar as it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
USER
Any person who contributes, causes or permits the contribution of sewage into a sewage treatment facility.
USER DEBT RETIREMENT CHARGE
The charge levied on all users of the sewage works for the cost of any bond debt of which debt repayment is to be met from the revenues of such works.
USER O & M CHARGE
The charge levied on all users of the sewage works for the cost of operation and maintenance, including replacement and depreciation of such treatment works.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WYE BRANCH
A local service connection to the sewer that is made at an angle similar to a "wye" so that a sewer cleaning rod will not come into the sewer at a right angle and penetrate the far side, but will travel down the course of the sewer.
A. 
Discharge of sewage. It is unlawful to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the Township or under the Township's jurisdiction any of the following:
(1) 
Human or animal excrement;
(2) 
Garbage; or
(3) 
Other objectionable waste which ordinarily would be regarded as sewage or industrial waste.
B. 
Discharge within a sewer service district. It is unlawful to discharge any sanitary sewage, industrial waste, or other polluted waters into any natural outlet within the Township, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
Privy, privy vault, septic tank or cesspool. Except as hereinafter provided and as permitted by the Central Michigan District Health Department, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for disposal of sewage.
D. 
Connection to public sewer.
(1) 
Within 90 days after the date of official notice to do so, the owner of a house, building, or property that is used for human occupancy, employment, recreation, or other purposes must install at the owner's expense suitable sewage facilities, and connect the facilities directly with a proper public sewer in accordance with this chapter if the house, building, or property:
(a) 
Is situated within a Township sewer assessment district; and
(b) 
Abuts any street, alley, or right-of-way wherein there is or may in the future be a public sewer or combined public sewer.
(2) 
The official notice described in the preceding subsection must be a written statement signed by the Superintendent or other designated employee of the Authority, to the owner stating the date by which connection to the public sewer must be made. The notice must be delivered to the owner at the address set forth on the Township's last assessment roll by regular United States mail, deposited with fully prepaid United States postage affixed thereto in the United States mails. The notice is considered served for purposes of any subsequent proceedings as of the date of mailing.
(3) 
The owner or owner's representative must complete and return the connection application form and pay to the Authority the connection permit fee and receive authorized sewer permits before any work upon the building sewer or connection is commenced. All work on the building sewer and connections must be done pursuant to the provisions in this chapter.
(4) 
Upon receipt of such notice, the owner must apply for and obtain a permit from the Authority under the authority of Act 230 of the Public Acts of 1972, as amended (now MCLA § 125.1502), and complete construction and inspection as required by that Act, this chapter, and other applicable statutes, ordinances, and regulations.
(5) 
If the owner fails to complete construction, connection, or inspection as required above, the Authority may proceed to enforce the provisions of this chapter and other applicable statutes and ordinances in accordance with Act 368 of the Public Acts of 1978, as amended (now MCLA § 333.2511 et seq.), and other applicable statutes, ordinances, and regulations, including bringing a suit for injunctive relief to compel the owner to connect to the available sewer system immediately.
E. 
Wastewater contribution information.
(1) 
Any industry or structure discharging industrial wastes to the sanitary sewer, storm sewer, or receiving stream shall file the material listed below with the Superintendent. Any industry that does not normally discharge to the sanitary sewer, storm sewer, or receiving stream, but which has the potential to do so from accidental spills or similar circumstances, must also file the material listed below.
(2) 
The Superintendent may require, upon written notification to the relevant person, that each person who applies for or receives sewer service, or through the nature of the enterprise creates a potential environmental problem, to file the material listed below on a disclosure form to be provided by the Authority:
(a) 
Name, address, and location (if different from the address).
(b) 
Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analysis must be performed in accordance with the procedures and methods specified in any of the following:
[1] 
"Standard Methods for the Examination of Water and Wastewater," American Public Health Association, current edition;
[2] 
"Manual of Methods for Chemical Analysis of Water and Wastes," United States Environmental Protection Agency, current edition; or
[3] 
"Annual Book of Standards, Part 131, Water, Atmospheric Analysis," American Society of Testing Materials, current edition.
(c) 
Time and duration of contribution.
(d) 
Average daily wastewater flow rates, including daily, monthly, and seasonal variations (if any).
(e) 
Site plans, floor plans, mechanical and plumbing plans and details showing all sewers, sewer connections, and appurtenances by the size, location, and elevation.
(f) 
A description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged.
(g) 
Where known, the nature and concentration of any pollutants in the discharge that are limited by any Authority, state, or federal pretreatment standards, and a statement regarding whether the pretreatment standards are being met on a consistent basis and, if those standards are not being met consistently, whether additional operation and maintenance or additional pretreatment is required by the industrial user in order to meet applicable pretreatment standards. If additional pretreatment is needed to meet the pretreatment standards, the user must include the shortest schedule by which that user can provide additional pretreatment. The completion date in this schedule must not be later than the compliance date established for the applicable pretreatment standard. The following must apply to this schedule:
[1] 
The schedule shall contain increments of progress in the form of dates to commence and complete major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards.
[2] 
No increment referred to in the preceding subsection may exceed nine months.
[3] 
For existing users, no increment referred to in the preceding subsections may exceed nine months. For new sources, all pollution control equipment required to meet applicable pretreatment standards must be installed and operating before beginning to discharge.
[4] 
Not later than 14 days after each date in the schedule and the final date for compliance, the user must submit a progress report to the Superintendent that includes, at a minimum, whether it complied with the increment of progress to be met on such date, and, if not, then (i) if not, the date on which it expects to comply with this increment of progress, (ii) the reason for the delay, and (iii) the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(h) 
Each product produced by type, amount, process or processes, and rate of production.
(i) 
The type and amount of raw materials processed, as well as the average and maximum per day.
(j) 
The number and type of employees, hours of operation of the plant, and proposed hours of operation of pretreatment systems.
(k) 
Sample, test and file reports that were submitted to appropriate state agencies concerning appropriate characteristics of wastes on a schedule, at locations, and according to methods outlined in § 266-7G of this chapter.
(l) 
An affidavit placing 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.
(m) 
Written notification whenever any industrial process is to be altered so as to include or negate a process waste or potential waste. The notification is subject to the approval of the Authority.
(n) 
Any other information that the Authority deems necessary to evaluate the impact of the discharge.
F. 
Disclosure form. The disclosure form must be signed by a principal executive officer of the user and a qualified engineer.
G. 
Authority action. The Authority will evaluate complete disclosure forms and data furnished therewith, and may require additional information. Within 90 days after full evaluation and acceptance of the data furnished, the Authority must notify the user of the acceptance thereof.
H. 
Wastewater discharges. Wastewater discharges are expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the Authority. The Authority may:
(1) 
Set unit charges or a schedule of user charges and fees for the wastewater to be discharged to the public sewer facility;
(2) 
Limit the average and maximum wastewater constituents and characteristics;
(3) 
Limit the average and maximum rate and time of discharge, or make requirements for flow regulations and equalization;
(4) 
Require the installation and maintenance of inspection and sampling facilities;
(5) 
Establish specifications for monitoring programs, which may include sampling locations, frequency of sampling, number of tests, types of tests, and standards for tests, and reporting schedules;
(6) 
Require submission of technical reports or discharge reports;
(7) 
Require the maintaining, retaining, and furnishing of plant records relating to wastewater discharge as the Authority specifies, and affording the Authority access thereto, and copying thereof;
(8) 
Require prompt notification in advance of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system, including all of the following if applicable:
(a) 
Groundwaters that are purged for remedial action programs;
(b) 
Groundwaters containing pollutants that infiltrate into the sewers; and
(c) 
Listed or characteristic hazardous wastes;
(9) 
Require notification of slug discharges;
(10) 
Require any other conditions as it deems appropriate to ensure compliance with this chapter;
(11) 
Require waste treatment facilities, process facilities, waste streams, or other potential waste problems to be placed under the specific supervision and control of persons who are certified by an appropriate state agency as properly qualified to supervise such facilities;
(12) 
Require records and file reports to be maintained on the final disposal of specific liquids, solids, sludges, oils, radioactive wastes, solvents, or other wastes;
(13) 
Establish compliance schedules; and
(14) 
Control, through permit, order, or similar means, the contribution to the publicly owned sewer system by each user to ensure compliance with applicable federal, state, or local standards. The control mechanism may limit duration to a maximum of five years, require nontransferability without appropriate prior notification, set effluent limits, establish monitoring and reporting requirements, contain a statement of applicable penalties for such violations, provide for the modification of the control mechanism by the Superintendent in the event of revised NPDES permit conditions, water quality standards, categorical pretreatment standards, or industrial pretreatment program objectives, and a provision for the issuance, revocation, suspension, or modification of a control mechanism based on a user's compliance with categorical pretreatment standards or with this chapter.
I. 
Monitoring facilities. The Authority may require a user to provide and operate monitoring facilities at the user's expense to allow inspection, sampling, and flow measurement of the building sewer or internal drainage system. The monitoring facility should normally be on the user's premises, but where such a location is impractical or causes undue hardship on the user may be constructed elsewhere as the Authority deems proper. There must be adequate room near the sampling manhole or facility to permit accurate sampling and preparation of samples for analysis. The user is responsible for maintaining the facility, sampling, and measuring equipment in a safe and proper condition at the user's expense. Regardless of where constructed, the sampling and monitoring facilities must be provided in accordance with plans and specifications submitted to and approved by the Authority and all applicable standards and specifications. Construction must be completed within 90 days after written notification by the Authority.
J. 
Inspection and sampling. The Authority may inspect the facilities of any user to ascertain if the purpose of this chapter is being met and that the owner is complying with all requirements herein. The owner or occupant of premises where wastewater is created or discharged must allow the Authority access at all reasonable times to all parts of the premises for purposes of inspection, sampling, examining records, or other duties related thereto. Where the user has security measures in place that require identification and clearance before entry onto the user's premises, the user must make all arrangements necessary to permit authorized personnel to enter without delay the premises to perform their authorized duties.
K. 
Industrial waste. Notwithstanding any other provisions in this chapter and unless specifically permitted by action of the Authority, no industrial wastes or process wastewater may be discharged to the system. Industrial users must provide necessary wastewater treatment as required to comply with this chapter and must achieve compliance with all pretreatment standards in the time limitations set by the Authority. Any facilities required to pretreat wastewater to a level acceptable to the Authority must be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures must be submitted to the Authority for review, and must be approved by the Authority before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Authority under this chapter. Any subsequent change in the pretreatment facilities or method of operation thereof must be reported to and deemed acceptable by the Authority before the user's initiation of the changes.
L. 
Release of information and data. Information and data regarding a user that are obtained from reports, questionnaires, permit applications, permits, inspections, and monitoring programs must be available to the public or other governmental agency without restriction, unless the user specifically requests and demonstrates to the Authority's satisfaction that the release of such information or date would divulge information, processes, or methods of production that are entitled to protection as the user's trade secrets.
(1) 
When requested by the person furnishing a report, the portion of a report that may disclose trade secrets must not be made available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this chapter; however, such portions of a report must be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(2) 
Information that the Authority accepts as confidential must not be transmitted to any governmental agency or to the general public by the Authority until a ten-day notification is given to the user. Notwithstanding the above, any applicable federal or State Freedom of Information and Privacy Act shall regulate the release of all information.
M. 
Notification. All users must notify the Superintendent, the EPA Regional Waste Management Division Director, and the State Hazardous Waste Authority in writing of any discharge into the public sanitary sewer system of a substance that would be a hazardous waste under 40 CFR 261 if disposed via other means. Notification details, as well as allowable exemptions, must be in accordance with 40 CFR 403.12(p). In the case of any notification of hazardous waste discharges, the user must further certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical (new regulations under section).
N. 
Signing of reports. All reports required under this section must be signed by the authorized representative of the industrial user, and must include the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for known violations."
A. 
Connection to private system. Where a pubic sanitary or combined sewer is not available under § 266-4, the building sewer shall be connected to a private sewage disposal system complying with all requirements of the Central Michigan District Health Department.
B. 
Operation of private system. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and is responsible for all costs incident to such operation and maintenance.
C. 
Disconnection from private system. Within one month after a public sewer becomes available to a property served by a private sewage disposal system as provided in the preceding subsections, the owner of the property must:
(1) 
Make a direct connection to the public sewer in compliance with this chapter; and
(2) 
Abandon all septic tanks, cesspools, and similar private sewage disposal facilities, and fill in the same with suitable material.
D. 
Additional requirements. Nothing in this section should be construed to interfere with any additional requirements that may be imposed by the Michigan Department of Public Health.
A. 
Connections, uses, alterations.
(1) 
A person may not uncover, connect to, open, use, alter, or disturb a public sewer (or appurtenance thereof) without first obtaining a permit to do so from the Superintendent or his or her duly authorized representative. No building sewer may be covered until the Superintendent or his or her duly authorized representative inspects and approves such. There are two classes of building sewer permits:
(a) 
Permits for residential and commercial service; and
(b) 
Permits for service to establishments producing industrial wastes.
(2) 
A person seeking to obtain either of the above permits must submit:
(a) 
An application on a form furnished by the Authority;
(b) 
Plans, specifications or other information considered pertinent in the judgment of the Director; and
(c) 
The permit and inspection fee as established by resolution of the Authority.
(3) 
The owner must bear all costs and expense of installing, connecting, and maintaining a building sewer to the public sewer connection. The owner must indemnify the Authority for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(4) 
A separate and independent building sewer shall be provided for every building unless a written request is submitted to the Authority seeking a waiver of this requirement and the Authority issues a written waiver of this requirement. In granting a waiver, the Authority may set forth other requirements which must be met prior to the issuance of a permit.
B. 
Pipes.
(1) 
The building sewer shall be constructed of either of the types of pipe specified below that meet the current ASTM specifications:
(a) 
Plastic (ABS) ASTM D-1785.
(b) 
Plastic (PVC) ASTM D-1785.
(c) 
Vitrified Clay (VC) ASTM C-700 Extra Strength.
(d) 
Asbestos-Cement (AC) ASTM C-428 C1-2400.
(e) 
Cast Iron Extra Heavy ASTM A-74.
(f) 
Nonreinforced Concrete ASTM C-14 Extra Strength.
(2) 
If installed in filled or unstable ground, the building sewer shall be of extra heavy cast iron pipe; however, other types of pipe may be used if laid on a suitable improved bed or cradle as approved by the Inspector.
C. 
Building sewer joints.
(1) 
All building sewer joints and connections shall be made gas and water tight, and conform to the requirements of the current building and plumbing codes.
(2) 
Vitrified clay sewer pipe shall be fitted with factory-made resilient compression joints meeting the current ASTM specifications for vitrified clay pipe joints having resilient properties.
(3) 
Asbestos cement or concrete sewer pipe joints shall be of rubber ring, flexible compression type, similar and equal to joints specified for vitrified clay pipe. The joints and connections shall conform to the manufacturer's recommendations.
D. 
Size and slope. The size and slope of the building sewers are subject to the approval by the Superintendent, but in no event may the diameter be less than four inches. Minimum grade shall be as follows:
(1) 
Six-inch pipe: 1/8 inch per foot or one inch per eight feet; or
(2) 
Four-inch pipe: 1/4 inch per foot or two inch per eight feet.
E. 
Elevation and excavation. Whenever possible, the building sewer shall be brought to the subject building at an elevation below the floor of the building's basement. No building sewer may be laid parallel to, or within three feet of, any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade. The line shall be straight or laid with properly curved pipe and fittings. Changes in direction that are greater than 45° must be provided with cleanouts accessible for cleaning. All excavations required for the installation of a building sewer shall be open trench work, unless otherwise approved by the Inspector. Pipe laying and backfill shall be performed in accordance with current ASTM specifications, except that no backfill shall be placed until the work has been inspected by the Inspector or his representative.
F. 
Artificial lifts. In all buildings wherein any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drains shall be lifted by approved artificial means as approved by the Superintendent, and discharged to the building sewer.
G. 
Wye branches. The connection of the building sewer into the public sewer shall be made at the "wye" branch designated for the property, if such branch is available at a suitable location. Any connection not made at the designated "wye" branch in the main sewer shall be made only as directed by the Inspector.
H. 
Notification of inspection. An applicant for a building sewer connection shall notify the Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Inspector.
I. 
Safety and restoration. 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 Authority.
J. 
Capacity. No connection will be allowed unless there is sufficient capacity available to downstream sewers, pump stations interceptors, force mains, and treatment plants (including capacity for treatment BOD and suspended solids).
K. 
Authority's responsibility for repairs, operation, and maintenance. The cost of all repairs, installation, operation, maintenance, and replacement of the public sewer must be borne by the Authority as part of the Authority's budgeted annual expense of the system, subject to the right of the Authority to impose a connection fee.
(1) 
In pressure sewer systems, the public sewer and service connection will include the sewer facilities in the public and private rights-of-way and the force main from the individual grinder pump to the common force main and the electric service from the connection to the power drop to the individual pump station.
(2) 
In gravity sewer systems, the public sewer and service connection includes the sewer facilities in the public and private rights-of-way and the individual service connection from the main line sewer to the right-of-way line.
L. 
Owner's responsibility for repairs, operation, and maintenance. The cost of all repairs, installation, operation, maintenance, and replacements of existing building sewers and their connection to the public sewer must be borne by the owner.
A. 
Discharges into system. No person may 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. Any premises connected to a storm sewer must comply with applicable county, state, and federal requirements, as well as those set by the Authority. Stormwater and all other unpolluted drainage must be discharged into either of the following:
(1) 
Those sewers that are specifically designated as combined sewers or storm sewers; or
(2) 
A natural outlet approved by the appropriate state agency. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the appropriate state agency, into a storm sewer or natural outlet.
B. 
General public sewer discharge prohibitions. Except as hereinafter provided by specific limits, a user may not contribute or discharge, or cause to be contributed or discharged, any pollutant that will interfere with the operation or performance of a public sewer. This prohibition includes barring discharge of any of the following into any public sewer:
(1) 
Sewage with a BOD in excess of 200 mg/liter;
(2) 
Chlorine demand in excess of 15 mg/liter;
(3) 
Color (as from, but not limited to, dyes, inks or vegetable tanning solutions), that is uncontrolled so as to interfere with treatment plant processes or that prevent analytical determinations;
(4) 
Explosive liquid, solid or gas, gasoline, benzene, naphtha, fuel oil or other flammable waste;
(5) 
Garbage not properly shredded (no particle size greater than 1/2 inch);
(6) 
Grease, oil, wax or 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° F.;
(7) 
Industrial wastes.
(a) 
Industrial wastes in concentrations above those listed below:
[1] 
Cd.
[2] 
Cn.
[3] 
Cr + 6.
[4] 
CrTotal.
[5] 
Cu.
[6] 
Fe.
[7] 
Ni.
[8] 
Pb.
[9] 
Phenols.
[10] 
Zn.
(b) 
Limitations set forth by appropriate state agencies to comply with federal guidelines for protection of treatment plant and receiving watercourse and limitations set forth in NPDES permit.
(8) 
Inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in unusual concentrations;
(9) 
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.);
(10) 
Noxious or malodorous gas (such as, but not limited to, hydrogen sulfide, sulphur dioxide, or oxides of nitrogen) and other substances capable of causing public nuisance;
(11) 
Any sewage possessing pH less than 6.5 or greater than 9.5;
(12) 
Radioactive wastes or isotopes of such half-life or concentration which may exceed limits established by applicable state and federal regulations;
(13) 
Suspended solids in excess of 250 mg/liter;
(14) 
Wastes with a temperature of less than 32° F. or greater than 150° F.;
(15) 
Water or wastes containing substances that are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment to only such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water;
(16) 
Discharge that would result in excess foaming during the treatment process. Excess foaming is any foam which, in the opinion of the Superintendent, is a nuisance in the treatment process;
(17) 
Any other metallic compounds in sufficient quantity to impair the operations of the sewage treatment processes; or
(18) 
Waters containing the substances or possessing the characteristics enumerated in this section and which, in the Superintendent's judgment, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters; may create a hazard to life; or may constitute a public nuisance.
C. 
Pretreatment or surcharge for sewage exceeding normal strength. Any user that proposes to discharge process wastewater to the system which exceeds the limits of "normal strength sewage" will be required to either provide satisfactory pretreatment to reduce the strength of the wastewater to "normal strength sewage"; or pay a surcharge determined by the relative concentration of BOD, suspended solids, or other pollutant as compared to "normal strength sewage." Any applicable surcharge shall be calculated as follows:
(1) 
The normal usage charge shall be multiplied by a surcharge factor.
(2) 
The surcharge factor shall be determined as the sum of the following:
(a) 
Twenty percent of the normal usage charge.
(b) 
Thirty percent of the normal usage charge, times the ratio of actual BOD5 to normal strength BOD5.
(c) 
Thirty percent of the normal usage charge, times the ratio of actual suspended solids to normal strength suspended solids.
(d) 
Twenty percent of the normal usage charge, times the ratio of any other pollutant to normal strength sewage as established by the POTW.
The formula for such a calculation is:
B
S
P
Cs = C (0.2 + 0.3
_______
+ 0.3
_______
+ 0.2
___
)
200 mg/l
250 mg/l
Pn
Cs =
Total cost of surcharge usage
C =
Normal usage charge
B =
Concentration of BOD discharged by user (mg/l) - value not to be less than 200 mg/l
S =
Concentration of suspended solids discharged by user (mg/l) - value not to be less than 250 mg/l
P =
Concentration of any pollutant discharged by user (mg/l)
Pn =
Concentration of any pollutant discharged to be acceptable as "normal strength sewage."
D. 
Surcharges for single event discharges. Surcharges may also be levied for single event discharges that violate the conditions of this chapter. Said charges shall be reflective of the additional cost to treat or maintain the sewage works due to the high strength discharge.
E. 
Protection of wastes.
(1) 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, contain the substances or possess the characteristics enumerated above, and are deemed by the Superintendent to have a 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 Superintendent may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to the level defined as "normal strength sewage";
(c) 
Require pretreatment to an acceptable level (other than normal strength sewage) for discharge to the public sewers;
(d) 
Require new industrial customers or industries with significant changes in strength or flow to submit prior information to the Authority concerning the proposed flows;
(e) 
Require payment to cover the added cost of handling and treating the wastes not covered using taxes or sewer charges.
(2) 
If the Authority 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.
(3) 
The Authority reserves the right to establish more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 226-2 of this chapter.
F. 
Interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, 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, however, that such interceptors may not be required for private living quarters or dwelling units. All interceptors must be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors must be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature, and must be of a type and capacity approved by the Superintendent. Where installed, all interceptors must be maintained by the owner at the owner's expense.
G. 
Preliminary treatment. Where necessary in the opinion of the Authority, the owner shall provide at his expense such preliminary treatment as may be necessary to reduce the five-day BOD, suspended solids, phosphorus, and total inorganic nitrogen to the concentrations given below; or, to reduce objectionable characteristics of constituents to within the maximum limits provided for in this chapter, or control the quantities and rates of discharge of such waters or wastes.
(1) 
Five-day BOD greater than 200 parts per million by weight.
(2) 
Containing more than 240 parts per million by weight of suspended solids.
(3) 
Containing more than 10 parts per million by weight of phosphorus.
(4) 
Containing more than 40 parts per million by weight of total inorganic nitrogen.
H. 
Strength of sewage; additional costs. Where the strength of sewage from an industrial, commercial, or institutional establishment exceeds 200 parts per million of biochemical oxygen demand, 240 parts per million of weight of suspended solids, 10 parts per million of weight of phosphorus, or 40 parts per million by weight of total inorganic nitrogen, and where such wastes are permitted to be discharged to the sewer system by the Authority, an added charge as noted below will be made against such establishment according to the strength of such wastes when so required by the Authority. The strength of such wastes is determined by composite samples taken over a sufficient period of time to ensure a representative sample. The cost of taking and making the first of these samples will be borne by the Authority. The cost of subsequent sampling and testing will be borne by the industry or establishment.
I. 
Testing of waste and water.
(1) 
All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Sewage" and shall be determined at the control manhole provided for, or upon suitable samples taken at said manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
(2) 
Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents 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. The responsibilities of industry are further defined in the industrial waste control program shown in § 266-8 of this chapter.
J. 
Dilution of discharge. No user may increase the use of process water or attempt in any way to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations in this chapter.
K. 
Accidental discharge. Where required, a user must provide protection from accidental discharge or prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials must be provided and maintained at the owner's or user's expense. Detailed plans showing facilities and operating procedures to provide this protection must be submitted to the Authority for review, and must be approved by the Authority before construction of the facility. All required users must complete such a plan within 180 days after the adoption of this chapter and before connection to a public sewer system. If required by the Authority, a user who commences contribution to the public sewer system after the effective date of this chapter is not permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Authority. Review and approval of such plans and operating procedures does not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. Where there is an accidental discharge, it is the user's responsibility to notify the Authority of the incident. The notification must include the location of the discharge, type of waste at issue, concentration, volume, and corrective actions taken.
(1) 
Within five days after an accidental discharge, the user must submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. The notification does not relieve the user of any expense, loss, damage, or other liability that is incurred due to damage to the public sewer system, groundwater contamination, or other damage to person or property; also, the notification does not relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
(2) 
A notice must be permanently posted on the user's bulletin board or other prominent place of advising employees of whom to call in the event of a dangerous discharge. Employers must ensure that all employees who cause or suffer a dangerous discharge to occur are advised of the proper emergency notification procedures.
L. 
Agreement for industrial waste. This section should not be construed as preventing any special agreement between the Authority and any industrial concern whereby the Authority accepts an industrial waste of unusual strength or character in exchange for payment by the industrial concern; provided, however, that such waste will not damage the sanitary sewer, storm sewer, sewage treatment plan, or the receiving waters.
M. 
Industrial cooling water. Industrial cooling water containing such pollutants as insoluble oils or grease, or grease, or other suspended solids shall be treated for removal of the pollutants and then discharged to the storm sewer.
N. 
Inspection. Agents of the Authority, Michigan Department of Environmental Quality, or United States Environmental Protection Agency shall have the right to enter all properties for the purpose of inspecting, measuring, sampling and testing the wastewater discharge.
O. 
Upsets.
(1) 
An upset constitutes an affirmative defense by users, provided that the user can show the following:
(a) 
An upset occurred;
(b) 
The user identifies the cause of the upset;
(c) 
At the time of the upset, the facility at which the upset occurred was operated in a prudent manner that is consistent with applicable operation and maintenance procedures;
(d) 
Within 24 hours of learning of the upset, the user submitted to the Authority:
[1] 
A description of the discharge and cause of noncompliance;
[2] 
The period of noncompliance, including exact dates and times (or, if not corrected, the anticipated date that the noncompliance is expected to continue); and
[3] 
A list of steps the user has taken or will take to reduce, eliminate, or prevent reoccurrence of the noncompliance; and
(e) 
The upset did not create a fire or explosion hazard in the sanitary sewer system, cause corrosive structural damage to the system, or result in the presence of toxic vapors, gases, or fumes within the publicly owned treatment works in a quantity that may cause worker health or safety problems.
(2) 
If the above information was provided orally only, a written submission must be provided to the Authority within five days of the oral notification.
(3) 
In any enforcement action, the user seeking to establish the occurrence of an upset has the burden of proof.
P. 
Bypass provisions.
(1) 
Bypass that produces a discharge that violates applicable National Categorical Pretreatment Standards or Pretreatment Requirements is prohibited, and the Authority may initiate enforcement actions against a user for such bypass, unless:
(a) 
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b) 
There were no feasible alternatives to the bypass [e.g., use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime (except where adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to operate during normal periods of equipment downtime or preventative maintenance)]; and
(c) 
The user submitted required notices.
(2) 
If the user knows in advance of the need for a bypass, the user must submit prior notice to the Authority at least 10 days before the date of the expected bypass. The Authority may approve or disapprove a request for a bypass from a user, after considering the bypass' adverse effects.
(3) 
A user must submit oral notice of an unanticipated bypass that exceeds permissible pretreatment requirements within 24 hours from the time the user learns of the bypass. Unless the Authority waives such, a written submission must thereafter be provided within five days after the user learns of the bypass. The written submission must describe the bypass and its cause, state the duration of the bypass (including dates and times), and anticipated time the bypass will continue until if the bypass is ongoing, and steps taken or planned to be taken to reduce, eliminate, and prevent reoccurrence of the bypass.
Q. 
Record retention. All nondomestic users subject to this chapter must retain and preserve for at least three years all documents (including reports, books, memoranda, reports, correspondence, and summaries thereof) relating to the monitoring, sampling, and chemical analyses made by or on behalf of the user in connection with its discharge. All documents that pertain to matters which are the subject of enforcement activities by the Authority must be retained and preserved by the user until all such activities had concluded and all relevant appeal periods have expired.
A. 
Appointment of representative. Each industry using public sewers must appoint one individual from its industry as representative who will be responsible for industrial wastes admitted to the public sewers. The representative must be involved with maintaining any pretreatment facility operations and assuring a continual high level of performance, or involved with prevention of accidental discharges of process wastes generated by his industry if no pretreatment is provided. In all cases, the representative must be informed of all process alterations which could, in any manner, increase or decrease normal daily flow or waste strength discharged to the sanitary sewers.
B. 
Duties of representative. This representative shall:
(1) 
Catalogue all chemicals stored, used or manufactured by his industry, including specific chemical names; and
(2) 
Catalogue all discharges; and
(3) 
Estimate daily average flows and strengths, including process, cooling, sanitary, etc., by separating the flows according to appropriate categories.
C. 
Large process alterations. The representative must determine if large process alterations will or are likely to occur during the next one year, two years, or five years. In making this determination, the representative must consult with management.
D. 
Diagrams. A sketch of the plant buildings shall be made, including a diagram of process and chemical storage areas. Location of any pretreatment equipment must be indicated, and floor drains located near process and storage areas must be noted. Manhole and sewer locations at the industry's point of discharge into the municipal collection system must be included on the plant layout sketch.
E. 
Separation of spent concentrations. There shall be separation of spent concentrations from the sanitary sewer to prevent toxic wastes from upsetting the treatment plant. Supervision and operation of the pretreatment equipment for spent concentrates, as well as all toxic wastes and high strength organic wastes to an acceptable level is the responsibility of the industrial representative. All sludges generated by such treatment must be handled in an acceptable manner (such as in a designated area of a sanitary landfill or by a licensed waste hauler). Adequate segregation of those waters and wastes to be pretreated to meet discharge limits is a vital portion of the industrial effort to prevent operational problems at the wastewater treatment plant.
F. 
Containment and curbing. Throughout the industry, adequate secondary containment or curbing must be provided to protect all floor drains from accidental spills and discharges to the receiving sewers. Such curbing should be sufficient to hold 150% of total process area tank volume. All floor drains found within the containment area must be plugged and sealed. Spill-throughs or sumps within process areas must discharge to appropriate pretreatment tanks. Secondary containment should be provided for storage tanks which may be serviced by commercial haulers and for chemical storage areas.
G. 
Sampling vault or manhole. An adequate sampling vault or manhole must be provided in a fully accessible place for Authority personnel to obtain samples and flow measurement data. The complexity of the vault will vary with the sampling requirements the Director determines necessary to protect the treatment plant and receiving streams. Should the Authority desire continual flow recording and long duration, a more complex manhole would be mandatory (complete with a one-hundred-ten-volt AC). Samples collected may be divided between the industry and Authority for analysis if the industry so desires. The sampling vault shall be located so as to give access by Authority personnel without entering the industrial property.
H. 
Fees and surcharges. A yearly surveillance fee may be initiated to reduce some equipment costs or for maintenance of monitoring devices. If a graduated surcharge is deemed necessary to check industrial discharges, then a factor should be incorporated to reduce the costs as industry lowers its waste strength. Consequently, a direct dollar incentive would be given to stimulate continued progress in industrial waste control. A graduated surcharge may not be required if industry provides adequate safeguard devices and treatment facilities to insure protection of the municipal treatment plant and biological processes involved.
The Superintendent and other duly authorized employees or representatives of the Authority, bearing proper credentials and identification, shall be permitted to enter upon all properties as necessary for the purposes of inspection, observation, measurement, sampling and testing in accordance with this chapter.
Unless authorized by the Authority or another controlling authority, a person may not maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment that is part of the sewage works.
A. 
Connections at time of original construction. At the time of original construction of the public sewer, the Authority shall install that portion of the building sewer from the public sewer to the lot or easement line of all occupied premises. The Authority shall maintain, at its expense, the public sewer. Those customers making connections at the time of original construction of the public sewer shall install, at their expense, that portion of the building sewer from said lot or easement line to their premises. The customer shall maintain, at his expense, the building sewer.
B. 
Construction after original construction. Those customers making connection subsequent to the time of original construction of the public sewer shall install, at their expense, that portion of the building sewer from the public sewer to the lot or easement line to their premises.
C. 
Inspection. The premises receiving sanitary sewer services shall, at all reasonable hours, be subject to inspection by duly authorized personnel of the Authority.
[Amended 4-16-2008 by Ord. No. 72; 9-5-2018]
A. 
Any person or entity who violates, disobeys, neglects or refuses to comply with any provision of this chapter, or any order issued under the Ordinance, including any conditions imposed thereon, or who causes, allows, or consents to any of same, shall be deemed to be responsible for a violation of this chapter.
B. 
Any person who makes a false statement, representation, or certification on any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall be deemed to be in violation of this chapter.
C. 
Any person that falsifies, tampers with, or knowingly renders inaccurate any data device or test method used to monitor a discharge pursuant to this chapter or order issues hereunder, or pretreatment standard or requirements shall be deemed to be in violation of this chapter.
D. 
Any person or entity responsible for a violation of this chapter, whether as an occupant, owner (by deed or land contract), lessee, licensee, agent, contractor, servant, employee, or otherwise, shall be liable as a principal. Each month that a violation exists shall constitute a separate offense.
E. 
Any violation of this chapter is hereby declared to constitute a public nuisance, and shall constitute a basis for such judgment, writ or order necessary to compel compliance with the Ordinance and/or to restrain and prohibit continuation of the violation, or other appropriate relief in any court of competent jurisdiction, in addition to any other relief or sanction herein set forth or allowed by law.
F. 
A violation of this chapter is a municipal civil infraction as defined by Michigan statute and shall be punishable by a civil fine determined in accordance with the following schedule:
Minimum Fine
Maximum Fine
1st offense within 3-year period*
$150
$500
2nd offense within 3-year period*
$250
$500
3rd offense within 3-year period*
$350
$500
4th or more offense within 3-year period
$500
$500
*Determined on the basis of the date of commission of the offense(s).
Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which Denton Township has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $10 or more than $500 be ordered. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this chapter. Each month that a violation exists shall constitute a separate offense.
G. 
The Superintendent of the Houghton Lake Sewer Authority and any employee thereof is hereby appointed as Ordinance Enforcement Officer for the Township for the purposes of enforcing this chapter.
H. 
The Houghton Lake Sewer Authority is hereby designated as the municipal civil infractions violations bureau for purposes of collecting fines under this chapter. Civil fines are initially payable pursuant to citation/notice of violation at the violations bureau. Unpaid civil fines shall be issued a court citation and shall proceed in accordance with the municipal civil infractions procedure for court citations.
The operation, maintenance, alteration, repair and management of the system shall be under the supervision and control of the Authority. Said Authority may employ such person or persons in such capacity or capacities as it deems advisable to carry on the efficient management and operations of the system and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the system.
A. 
Rates. The rates for total sewer service charges are to be established by resolution of the Authority, which may be enacted apart from the published regulations as necessary to ensure sufficiency of revenues in meeting operation, maintenance, and replacement costs, as well as debt service. Such rates must be fixed and revised from time to time as necessary to produce these amounts. Such charges must be made against each lot, parcel of land or premises that may have any sewer connections to the sewer system, or which may otherwise discharge sewage or industrial waste (directly or indirectly) into such system or any part thereof, whether maintained by the Authority or the owner where an on-site easement has not been granted. Rates for sewage service shall be reviewed annually and revised as necessary to meet system expenses to ensure that all user classes pay their proportionate share of operation, maintenance, and equipment replacement costs. An annual audit must be prepared.
B. 
Equivalent units. The rates and charges for service furnished by such system are to be levied on the basis of the schedule of residential equivalent units (REUs), adopted by the Authority and presented in Appendix A; except as provided in this section for nonresidential users or in cases where the character from the sewage from a manufacturing or industrial plant, building, or premises is such that additional burden is placed on the system, the additional cost of treatment created thereby must be an additional charge over the regular rates hereinafter set forth; or, the Authority may if deemed advisable compel such manufacturing or industrial plant, building, or premises to treat such sewage in such manner as specified by the Authority before discharging such sewage into the sewage disposal system.
C. 
Meters. The Authority may institute charges on commercial, industrial, and institutional, specials, and other nonresidential users based on metered water use. Meters must be installed to the Authority's requirements and remain accessible for inspection and reading by an Authority representative. Costs of meters and with the reading, installing, billing, and collecting metered charges must be borne by the user. Periodic charges, consistent with the Authority's billing period and rate structure, will be based on the REUs initially assigned to the customer by the Authority. The Authority must review biannually the need to increase the assigned REUs to a nonresidential user based on an increase in metered water, at any time while service is provided but not more than once in a continuous two-year period.
(1) 
Annual metered water consumption between April 1 and March 31, over two consecutive years immediately preceding the date of an individual review, must be used as the basis for determining adjustments to increase the assigned REUs of a nonresidential user.
(a) 
The initial assigned REUs for nonresidential users must not be reduced at any time after the service account is established or if the service is reestablished.
(b) 
An institutional, commercial, or other nonresidential user greater than one REU whose average monthly meter water consumption over a consecutive two-year review period exceeds their assigned REUs shall pay the necessary additional connection charges associated with the additional REUs within 60 days of notification by the Authority. The Authority may require the customer to reduce the usage to the original assigned use if capacity is not available. The monthly charges will also be increased to reflect the additional REUs of the user determined by the method described herein.
(2) 
The rates and fees shall include the following and be uniform for all users within the public sanitary sewer system, except as otherwise provided herein:
(a) 
Each user, upon application for a permit to connect to the publicly owned sanitary sewer treatment, must pay a sewer service application fee as established by the Authority.
(b) 
Appropriate surcharges that the Authority adopts per resolution in order to reimburse the Authority for additional cost of operation and maintenance of the wastewater treatment works due to violations of this chapter or surcharges for extra strength wastewater discharged to the sewer. The charges and fees for the services provided by the system shall be levied upon any industrial user that may have any sewer connections with the publicly owned sanitary sewer system. Such charges must be based upon the quantity and quality of wastewater used thereon or therein.
(c) 
A fee as determined by the Authority when the Authority determines that a user stored, used, or otherwise possessed on the premises bulk chemicals, cleaning agents, or other materials that may interfere with the publicly owned sewer system and which may require protection from accidental discharge. This fee must be paid at the time of application for a permit to connect to the publicly owned sanitary sewer system, and must be used to administer this industrial pretreatment and spill prevention program.
(d) 
There shall be additional charges for laboratory testing of industrial wastewater samples. The laboratory charge must be for the cost thereof and will be determined for each particular user.
(3) 
No free service is allowed to any user of the public sanitary sewer system.
(4) 
Billing for sewer system service is the Authority's responsibility and bills shall be rendered quarterly unless otherwise provided by the Authority.
(5) 
Bills for sewage disposal service are due and payable at the business office of the Authority or to any designated agent on their date of issue. If not paid by the 20th day thereafter, the bills are delinquent and are subject to a penalty of 10% thereof. Bills shall be dated and mailed quarterly and shall cover one quarter (three months). If a bill is not paid within 90 days after its date of issuance, the Authority shall serve upon the customer a written notice of delinquency. If a delinquent bill is not paid within 30 days after written notice is mailed, the Authority may take all measures permitted by law to recover the delinquent and owing amount.
(6) 
The charges for services furnished to a premises, pursuant to Section 21 of Act 94 of the Public Acts of 1933, as amended (now MCLA § 141.121), are a lien on the premises. Whenever any such charges are delinquent for three months or more, the Authority shall certify the delinquency annually, on August 1st of each year, to the tax-assessing officer of the Township along with the facts of such delinquency. Thereafter, the tax-assessing officer must enter the lien on the next tax roll against the premises to which the services have been provided, and the charges shall be collected and the lien thereof enforced in the same manner as provided for the Township's collection of taxes assessed upon the roll and the enforcement of the lien for the taxes. However, where notice is given that a tenant is responsible for such charges and services as provided by said Section 21, no further service shall be rendered to such premises until a cash deposit in the amount of $100 is made as security for payment of such charges and service.
(7) 
All customers of the public sewer system may obtain an annual notification, printed on the bill or enclosed in a separate letter, showing the breakdown of the sewer bill into its components for operation, maintenance, and replacement.
(8) 
Unless a change of address has been filed in writing at the business office of the Authority, the Authority will mail all bills and notices relating to operation of the system to the customer at the address listed on the application for the connection permits. The Authority is not otherwise responsible for delivery of any bill or notice, and customers are not excused from nonpayment of a bill or from any performance required in said notice.
(9) 
The Authority may either reject an application to connect to the system or disconnect sewer service upon the violation of any rule, regulation, or condition of service, including for any of the following reasons:
(a) 
Misrepresentation in the application as to the property or residential equivalents to be serviced by the sanitary sewer system;
(b) 
Nonpayment of bills; or
(c) 
Improper or imperfect service pipes and fixtures, or failure to keep the same in a suitable state of repair.
(10) 
Where the sewer service supplied to a customer has been discontinued for nonpayment of delinquent bill, the Authority reserves the right to request a nominal sum (to be established by the Authority by resolution) to be placed on deposit with the Authority for the purpose of establishing or maintaining any customer's credit before it reconnects or reestablishes service. The Authority may not reestablish service until all delinquent charges, penalties, deposits, or other charges have been paid.
(11) 
The Authority shall make all reasonable efforts to eliminate interruptions of service and, when such interruptions occur, will endeavor to reestablish service with the shortest possible delay. Whenever service is interrupted for the purpose of working on the collection system or treatment equipment, all customers affected by such interruptions will be notified in advance whenever it is possible to do so.[1]
[1]
Editor's Note: Former Subsection D, Township connection charge, which formerly followed this subsection, was repealed 3-5-2008.
A. 
Assessment fees. All premises connected directly or indirectly to the public sanitary sewers, and being located on land included within the boundaries of a sanitary sewer special assessment district, shall be charged an assessment fee in accordance with the provisions of said special assessment district. In addition, where no lateral stub exists, the actual cost of the installations of said stub, along with the service lateral, will be borne entirely by the property owner.
B. 
Authority connection fee. Each premises connecting to the system shall pay a connection fee to the Authority in cash at the time of application for a connection permit, in an amount to be established by resolution of the Authority.
This chapter is not to be construed to abrogate rights or authority otherwise granted or protected by law.