[Adopted 3-7-1994 by Ord. No. 80; amended in its entirety 12-19-2016 by Ord. No. 125]
This article is adopted to provide for the operation and maintenance of the Charter Township of Blackman water distribution system, and to regulate connections to said system. This article further shall regulate water rates for customers of the system.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
OWNER
The Charter Township of Blackman.
WATER CONNECTION
That part of the water distribution system connecting the water main with the premises served by such main.
WATER MAIN
That part of the water distribution system located within easement lines or streets designed to supply more than one water connection.
The Water Department shall be headed by the Township Engineer. The Engineer and the Department shall be responsible for the construction, operation, and maintenance of Township water mains and connections and other facilities pertaining to the water distribution system.
Application for water connections shall be made to the Township Utility Department on forms prescribed and furnished by the Township. Water services and water meters shall be installed in accordance with the rules and regulations of the Township and upon payment of the required connection and service line fees. All water services shall be the property of the Township. All water meters shall be the property of the City of Jackson. Connection fees shall be not less than the cost of materials, installation and overhead attributable to such installations, and as established by resolution of the Township Board from time to time.
The owners of all dwellings, buildings, structures, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Township and abutting on any street, alley, or right-of-way in which there is now located public water of the Township, will not be allowed to drill a well if the public water system is located within 200 feet of the structure. The owners are hereby required at their own expense to install suitable water connection facilities therein, and to connect the facilities directly to the public water system in accordance with the provisions of this article.
No person, other than an authorized employee of the Township, shall turn on or off any water service, except that a licensed plumber may turn on water service for testing his work, which service shall be terminated immediately following the test, or upon receiving a written order from the Township; provided that upon written permission from the Township water may be turned on for construction purposes only, prior to the granting of a certificate of occupancy for the premises, and on payment of the charges applicable thereto as established by resolution of the Township Board from time to time.
All premises using water, except premises connected to the Summit Township water system, shall be metered. No person except an employee of the Township shall break or injure the seal or change the location of, alter or interfere in any way with any water meter. Users of water shall be charged a metered rate for water usage, which rate shall be established from time to time by resolution of the Township Board. Residential premises connected to the Summit Township water system shall be charged a flat rate as established by resolution of the Township Board from time to time.
The Township shall have the right to shut off the supply of water to any premises where the Township is not able to obtain access to the meter or outside reading device. Any qualified employee of the Township shall, at all reasonable hours, have the right to enter the premises where such meters or outside reading devices are installed for the purpose of reading, testing, removing or inspecting the same. No person shall hinder, obstruct or interfere with such employee in the lawful discharge of his duties in relation to the care and maintenance or reading of such water meter or outside reading device.
Any damage which a meter may sustain resulting from the carelessness of the owner, agent or tenant or from neglect of any of them to properly secure and protect the meter, as well as damage which may be caused by frost, hot water, or steam, shall be paid by the owner of the property to the Township upon presentation of a bill therefor; in cases where such bill is not paid, the water shall be shut off and shall not be turned on until all charges have been paid to the Township.
If any meter shall fail to register properly, the Township shall estimate the consumption on the basis of former consumption and bill accordingly.
A customer may require that his water meter be tested. The test shall be witnessed by the customer or customer's agent. If the meter is found accurate or slow, a charge of $10 will be made. If the meter is found defective, it shall be repaired or an accurate meter installed, and no charge shall be made for repair or replacement.
A water meter shall be considered accurate if, when tested, it registers not to exceed 2% more or 2% less than the actual quantity of water passing through it. If a meter registers in excess of 2% more than the actual quantity of water passing through it, it shall be considered "fast" to that extent. If a meter registers in excess of 2% less than the actual quantity of water passing through it, it shall be considered "slow" to that extent.
If a water meter has been tested at the request of a consumer and shall have been determined to register "fast," the Township shall credit the consumer with a sum equal to the percent "fast" multiplied by the amount of all bills incurred by such consumer, within the three months prior to the test; and if a meter so tested is determined to register "slow," the Department may collect from the consumer a sum equal to the percent "slow" multiplied by the amount of all the bills incurred by the consumer for the prior three months. When the Department on its own initiative makes a test of a water meter, it shall be done without cost to the consumer, other than his paying the amount due the Township for water used by him as above provided, if the meter is found to be "slow."
No person, except an employee of the Township in the performance of his duties, shall open or use any fire hydrant except in case of emergency, without first securing a written permit from the Department or paying such charges as may be prescribed.
The Township Supervisor or Engineer, subject to approval by the Board, may regulate, limit or prohibit the use of water for any purpose. Such regulations shall restrict less essential water uses to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for firefighting. No such regulation, limitation or prohibition shall be effective until 24 hours after the publication thereof in a newspaper of general circulation in the Township. Any person violating any such rule or regulation shall, upon conviction thereof, be guilty of a misdemeanor.
The Township Supervisor may make and issue additional rules and regulations concerning the water distribution system, connection thereto, meter installations and maintenance, connection and meter installation fees, hydrants and water mains and the appurtenances thereto, not inconsistent herewith. Such rules and regulations shall be effective upon approval by the Township Board. The rules and regulations now in effect shall continue until changed in accordance with this section.
No person in the performance of his duties shall willfully or carelessly break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Township water distribution system.
It shall be unlawful for any person to do any act, or to allow to be done any act, that may contaminate or pollute or contribute to the contamination or pollution of the Township water distribution system.
The representative of the Water Department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the Township for the purpose of inspecting the piping system or systems thereof for cross-connections. On request, the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access when requested shall be deemed evidence of the presence of cross-connections.
The Township is authorized and directed to discontinue water service after reasonable notice to any property wherein any connection violates the prohibition against cross-connections and/or contributes to pollution or contamination of the water system.
A. 
Any person who violates this article shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment in the county jail for a period not exceeding 90 days, or both fine and imprisonment. Nothing contained herein shall prevent the Township from seeking injunctive relief from a court of competent jurisdiction.
B. 
Any violation of this article shall be deemed a nuisance abatable by the Circuit Court for the County of Jackson.