[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.
AUTHORITY
BOD (BIOCHEMICAL OXYGEN DEMAND)
BUILDING DRAIN
BUILDING SEWER
BYPASS
CLASS OF USERS
(1)
(2)
(3)
(a)
(b)
(c)
(4)
(5)
COMBINED SEWER
COMPATIBLE POLLUTANT
GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL WASTES
INFILTRATION
INFILTRATION/INFLOW
INFLOW
INSPECTOR
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATURAL OUTLET
NORMAL STRENGTH SEWAGE
NPDES PERMIT
OPERATION AND MAINTENANCE COSTS (O & M COSTS)
PERSON
pH
PRETREATMENT
PRETREATMENT REQUIREMENTS
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
REPLACEMENT
REVENUES and NET REVENUES
SANITARY SEWER
SEWAGE
(1)
(2)
(3)
SEWAGE TREATMENT FACILITY
SEWAGE WORKS
SEWER
SHALL; MAY
SLUG
STORM DRAIN (sometimes termed "STORM SEWER")
SUPERINTENDENT
SUSPENDED SOLIDS
SYSTEM
TOWNSHIP
UPSET
USER
USER DEBT RETIREMENT CHARGE
USER O & M CHARGE
WATERCOURSE
WYE BRANCH
As used in this chapter, the following terms shall
have the meanings indicated:
The Houghton Lake Sewer Authority which is responsible for
supervising and controlling the operation, maintenance, alteration,
repair and management of the system.
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).
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other places of disposal.
The intentional diversion of waste streams from any portion
of a user's pretreatment facility.
The division of sanitary sewer customers into classes by
similar process or discharge flow characteristics as follows:
COMMERCIAL USERA retail or wholesale business engaged in selling merchandise or a service that discharges only segregated domestic wastes or wastes from sanitary conveniences.
GOVERNMENTAL USERAny federal, state, or local government office or service facility that discharges only segregated domestic wastes or wastes from sanitary conveniences.
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;
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
All commercial users of an individual system
constructed with grant assistance under Michigan statutes or other
applicable rules, regulations or ordinances.
INSTITUTIONAL USERAn 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.
RESIDENTIAL USERA 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.
A sewer receiving both surface runoff and sewage.
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.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
Any pollutant other than a compatible pollutant as that term
is defined in this chapter.
The liquid wastes from industrial, manufacturing, trade,
or business processes, as distinct from their employee's domestic
wastes from sanitary conveniences.
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.
The total quantity of water from both infiltration and 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.
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.
Any federal regulation containing pollutant discharge limits
promulgated by the EPA that applies to a specific category of industrial
users.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
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.
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).
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).
Any individual, firm, company, association, society, or its
corporation, trust, estate, group, or other legal entity, or its representatives,
agents, or assigns.
The logarithm of the reciprocal of the concentration of hydrogen
ions expressed in grams per liter of solution.
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).
Any substantive or procedural requirement for treating of
a waste before it is included in a public sewer, including National
Categorical Pretreatment Standards.
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.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by the Authority.
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.
Carry the meaning as defined in Section 3, Act 94 of the
Public Acts of 1933, as amended (now MCLA § 141.121).
A sewer which carries sewage and to which storm- , surface,
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground- , surface and storm waters as may be present.
The three most common types of sewage are:
SANITARY SEWAGEThe combination of liquid- and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
INDUSTRIAL SEWAGEA 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).
COMBINED SEWAGEWastes, including sanitary sewage, industrial sewage, stormwater, and infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
Any arrangement of devices and structures used for treating
sewage or wastewater.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
"Shall" is mandatory; "may" is permissive.
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.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
The Superintendent of Houghton Lake Sewer Authority, or his
or her authorized deputy, agent, or representatives charged with duties
and responsibilities by this chapter.
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.
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.
The Township of Denton, Roscommon County, Michigan, as represented
by the Denton Township Board.
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.
Any person who contributes, causes or permits the contribution
of sewage into a sewage treatment facility.
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.
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.
A channel in which a flow of water occurs, either continuously
or intermittently.
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:
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:
(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:
(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:
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"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."
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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:
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:
(2)
A person seeking to obtain either of the above permits
must submit:
(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:
(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:
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)
(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.
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:
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:
(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.
