Township of East China, MI Public Sanitary Sewer System

RESIDENTIAL USER CLASS- All dwelling units used as domiciles such as detached, semidetached and row houses, mobile homes, garden and standard apartments and permanent multifamily dwelling. (Transient lodging, considered commercial in nature, is not included.)

INDUSTRIAL USER CLASS- Establishments discharging a trade or process waste.

COMMERCIAL, INSTITUTIONAL, GOVERNMENTAL USER CLASS- All users not included as residential or industrial.

WATERCOURSE- A channel in which a flow of water occurs, either continuously or intermittently.

Word usage. “Shall” is mandatory; “may” is permissive.

§ 453-3 Sewage disposal requirements.

Restrictions.

Objectionable waste. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the Charter Township of East China, or in any area under the jurisdiction of said Township, any human or animal excrement, garbage or other objectionable waste.

Polluted waters. It shall be unlawful to discharge to any natural outlet within the Charter Township of East China, or in any area under the jurisdiction of said Township, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

Sewage. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

Toilet facilities mandatory. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the Township and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Township are hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so. This requirement shall also apply in cases where the buildings or properties used for human occupancy are served in a satisfactory manner by an existing privately built sewer which is connected to a public sewer, regardless of the distance from a public sanitary or combined sewer.

Private sewage disposal system. Where a public sanitary sewer is not available under the provisions of Subsection B above, the building sewer shall be connected to a private sewage disposal system.

Operation and maintenance. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Township.

Public sewer connection mandatory. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Subsection B, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

Additional requirements. No statement contained in Subsection C shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

Protection from damage. No authorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

§ 453-4 Enforcement.

The Maintenance Supervisor and other duly authorized employees of the Township bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

§ 453-5 Sewer construction license.

Requirement established. No person, firm or corporation shall lay, alter or repair any house drain or sewer work, or make any connections whatever with any sewer or house or building belonging to the sanitary sewer system or do any kind of work connected with the laying of house drains or house sewer or making any repairs, additions to or alterations of any drain or sewer connected with or designed to be connected with the sanitary sewer system, unless regularly licensed by the Township Board of the Charter Township of East China.

Petition. Any person desiring to do business as a sewer builder in connection with the sanitary sewer system shall file in the Office of the Township Clerk of said Township a petition giving the names of the individual or firm and place of business and asking to be licensed by the Township Board of said Township as a sewer builder. Such petition must be signed:

By two responsible citizens vouching for the business capacity and reputation of the applicant.

That he is a master of his trade, and willing to be governed in all respects by the rules and regulations which are or may be adopted by the Township Board of said Township.

Fee. Each applicant for a license shall pay to the Township Clerk an annual fee in the amount set by resolution of the Board of Trustees.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Surety bonds. Each applicant for a license shall execute and deposit in the Office of the Township Clerk with his application a bond in an amount determined by the Township but for no less than $1,000 with the following terms and conditions:

[Amended 9-15-1981 by Ord. No. 127]

Indemnification. Licensee shall indemnify and save harmless the Charter Township of East China from all accidents and damages caused by any negligence in connecting his work, or by any unfaithful, imperfect, inadequate, careless or unskillful work done by him or any person in his employ.

Restoration and maintenance. Licensee shall promptly and at proper time replace and restore sidewalk, pavement or street service over any opening he may have made to as good a state and condition as found previous to the opening of the same, and keep and maintain the same in good order to the satisfaction of the Maintenance Superintendent of the Township for a period of one year next thereafter.

Fines. Licensee shall pay all fines imposed upon him for a violation of any of the regulations or Ordinance Code provisions of the Charter Township of East China.

Conditions. On receiving his license, he shall have recorded, in the Office of the Township Clerk, his actual place of business, the name under which the business is transacted, and shall immediately notify the Clerk of any change in either thereafter.

Duration. No license shall be granted for more than one year.

Expiration. All licenses shall be granted to expire on the first day of May.

Violation. Any person doing such work (as defined in Subsection A above) without such license shall be deemed guilty of a misdemeanor and shall be subject to a fine.

Suspension.

Conditions. The Maintenance Superintendent of the Township shall have the power and authority to suspend any license issued under the provisions of this article when he shall find such licensee violating any of the provisions of this article or performing any work in or on any part of the sewer system of said Township in a negligent manner or in violation of any contract for the construction of such work.

Notice. Such notice of suspension shall:

Be in writing;

Be served by delivering the same to the licensee, or to any person who shall be in charge of the particular work concerned;

State the grounds alleged as the cause for the suspension;

(d)

Remain in full force and effect for a period of 48 hours from the time of the service of the notice; and

(e)

Contain a provision stating that the Township Board will, at a time and place therein to be stated, consider the question of revoking or suspending said license for the reasons stated in the notice.

Hearing. Said Township Board shall at the time and place appointed meet and consider such matter. Evidence may be taken relative to the subject matter under discussion.

Board decision. The Township may in its discretion dismiss said matter or may suspend or revoke said licensee. Such decision shall be final and not subject to any review or appeal to or by any court or body.

§ 453-6 Building sewer permit.

Requirement established. No connection with any sewer of the sanitary system within the Charter Township of East China and no expansion of any house drain or from a connection previously made shall be made by any person, firm, or corporation until a written permit for doing the same shall have been obtained from the Township Clerk.

Application. Application for permit to connect with the sewer system must be made in writing by the owner of the property to be drained, or his authorized agent. Such application shall:

Give the exact locations of the property;

Give the number of lots;

Give the number of feet front;

Give the number of buildings to be connected;

Give the number of sinks, water closets and other fixtures to be connected;

(6)

Give the name of the licensed sewer builder employed to do the work; and

(7)

Be made on blanks furnished for the purpose.

Fees and charges. Any person, firm, or corporation desiring to make a house drain connection or any other kind of a connection with the sewer system of East China Charter Township shall first make an application to the Township Clerk for a permit to make such connection on a form prepared by the Township Board and in a manner prescribed by said Board and shall pay to the Township Treasurer such fees and charges as are required by the Township Board before such permit herein provided for, or in any manner not herein prescribed for such connection shall subject the person, firm or corporation making the same, and the owner or owners of the premises for which such connection is made, to a penalty hereinafter prescribed.

Conditions.

Township liability. Provided, however, that the permit shall be granted for the express condition that the owner for whose benefit the connection is made shall in behalf of himself, his heirs, or assigns hold the Charter Township of East China harmless for any loss or damage that may in any way result or be occasioned by the making of such connection.

Record of work. Provided, further, such permit shall be filed in the office of the Township Clerk within five days after the completion of the work and shall be accompanied by a correct report, signed by the licensed sewer builder and the East China Sewer Inspector showing the number of feet of pipe laid and fixtures drained, together with such other information as may be required to make a complete record of the work on forms prescribed by the Township Board.

Inspections.

Written notice. The East China Sewer Inspector shall be given written notice when any work is ready for inspection.

Accessibility. All work must be left uncovered and convenient for examination until inspected and approved.

Time limit. Such inspection shall be made within 24 hours after such notification.

Standard of performance. The licensed sewer builder shall remove and replace all rejected work and shall make all work fully meet the requirements of this article, and all work shall be done to the full satisfaction of the Township Engineer and the Township Sewer Inspector.

§ 453-7 Building sewer construction specifications.

Sewer requirements.

Separate and independent. A separate and independent building sewer shall be provided for every building.

Extensions. Except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building.

Existing with new construction. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Maintenance Supervisor, to meet all requirements of this article.

Connections. All connections to house sewers, drain or plumbing work with the sewer system of the Charter Township of East China shall be made in accordance with the provisions of this article and the Housing Code of Michigan, being Act No. 167 of the Public Acts of 1917, as amended,[1] and all other state laws pertaining to same.

[1]

Editor's Note: See MCLA § 125.401 et seq.

Building sewers.

[Amended 9-1-1981 by Ord. No. 126]

Materials. The building sewer shall be of the following materials:

Plastic (ABS) ASTM D 1527 Schedule 40;

Plastic (PVC) ASTM D 1785 Schedule 40;

Vitrified clay (VC) ASTM C-700 extra-strength;

(d)

Cast iron, extra heavy ASTM A-74.

Cast iron applications. Cast iron shall be used if installed in filled or unstable ground, except that other types of pipe may be used if laid on a suitable improved bed or cradle as approved by the Inspector.

Size and slope. The size and slope of the building sewer shall be subject to the approval of the Maintenance Supervisor, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/8 inch per foot, unless otherwise permitted.

Depth and location. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall 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 and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.

Low drains. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

Joints. All building lead joints and connections shall be made gastight and watertight and shall conform to the requirements of the current Building and Plumbing Codes.[2]

[Amended 9-1-1981 by Ord. No. 126]

Vitrified clay sewer pipe. 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.

Concrete sewer pipe. 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.

Sewer stub coupling. Where a material or size different from the sewer stub is used for the building sewer, a manufacturer's transition piece or coupling such as those produced by Fernco or equal shall be used.

[2]

Editor's Note: See Ch. 172, Building Construction, and Ch. 354, Plumbing.

Y-branches or stubs.

Intervals. Y-branches or stubs shall be placed at frequent intervals, one or more for every lot.

Location recorded. A record of the location of such Y-branches or stubs shall be kept at the Office of the Township Clerk and shall be furnished to the licensed sewer builder but at the risk of licensed sewer builder as to the accuracy of the same.

Connections.

At existing stub. All connections with the sewer of the sanitary system must be made at such Y-branch or stubs; or

New. In the event that it is necessary to make such connections with the sewer at a point where a Y-branch or stub has not been provided, the connections shall be made by inserting an approved saddle in the main sewer or lateral but no such connection shall be made except with the approval and in the presence of the Township Sewer Inspector.

[Amended 9-1-1981 by Ord. No. 126]

Cautions. The cover of the Y-branch or stub on the sewer shall be carefully removed so as not to injure the socket. The first length of pipe attached to the Y-branch or stub on the sewer shall be carefully removed so as not to injure the socket. The first length of pipe attached to the Y-branch shall be where possible a long radius elbow so as to give a good fall into the sewer.

Damages. The breaking of any pipe, of any main sewer or lateral sewer to connect a house drain except as above provided shall be deemed a misdemeanor and subject the sewer builder making such connection to a fine, as hereinafter provided, and in addition thereto, he shall pay all the expense of taking up such sewer and rebuilding it to the satisfaction of the Township Sewer Inspector and on his failure so to do shall forfeit his license as a sewer builder.

Backfilling. All backfilling over that part of any house drain within the boundaries of any street, alley or public grounds must be either thoroughly puddled or tamped in layers not exceeding four inches in thickness, and the question which shall be done shall be determined by the East China Sewer Inspector.

Gravel or paving. The replacing of any gravel or paving shall be done within 48 hours after the laying of the house drain or sewer and must be done so as to make the surface at least as good as it was before being disturbed and to the full satisfaction of the Maintenance Supervisor, and the licensed sewer builder will be held responsible for any subsequent settlement in the ground or pavement.

Water or gas pipes. All water pipes must be protected to the satisfaction of the Maintenance Supervisor, and all gas pipes must be protected to the satisfaction of the company owning the same, and any subsequent damage to either water or gas pipes, by reason of the construction of the house drain, or subsequent settling of the earth, shall be made good by the licensed sewer builder.

§ 453-8 Sewer use regulations.

Unpolluted drainage.

Restrictions.

Stormwater, surface water, groundwater, or roof water. It shall be unlawful for any person, corporation or other legal entity, directly or indirectly, to cause, permit, allow or suffer the discharge of stormwater, surface water, groundwater, or roof water into the sanitary sewer system of the Township through connections, openings, lines, or systems situated on the premises owned, used by or under the direct or indirect control of any person, corporation or other legal entity, provided, however, a reasonable amount of groundwater leakage into the basements, once inside the basement, may be drained into the sanitary sewer.

Inflow sources. No person shall permit any new connections from inflow sources into the sanitary sewer portions of the sewer system.

[Amended 1-28-1981 by Ord. No. 119]

Weep tile drainage. The use and drainage from weep tiles or other similar objects, collecting and/or draining water outside of the basement and draining into the basement and/or sanitary sewer system, is specifically prohibited hereby as well as any unreasonable or excessive basement drainage, notwithstanding the above provision allowing a reasonable amount of drainage once said groundwater is inside of the basement.

Discharge to storm sewers. Stormwater, groundwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers. Discharge of cooling water or unpolluted process water to a natural outlet shall be approved only by the St. Clair County Health Department.

[Amended 1-28-1981 by Ord. No. 119]

Waters or wastes prohibited. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

Any liquid or vapor having a temperature higher than 150° F.;

Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease;

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

Any garbage that has not been properly shredded;

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woods, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(6)

Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(7)

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(8)

Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(9)

Any noxious or malodorous gas or substance capable of creating a public nuisance.

Wastes subject to review and approval. The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight; or containing more than 350 parts per million by weight of suspended solids; or containing any quantity of substances having the characteristics described in Subsection B; or having an average daily flow greater than 2%, of the average daily sewage flow of the of Township, shall be subject to review and approval of the Maintenance Supervisor and the Chief Operator of the Sewage Treatment Works.

Preliminary treatment facilities. Where necessary, in the opinion of the Maintenance Supervisor, the owner shall provide, at his expense, such preliminary treatments as may be necessary to:

Reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight; or

Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection B; or

Control the quantities and rates of discharge of such waters or wastes.

Plans and specifications approval. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Township Engineer and the Stream Pollution Control Board of the State of Michigan, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

Maintenance and operation. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Maintenance Supervisor, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.

Type, capacity, and location. All interceptors shall be of a type and capacity approved by the Maintenance Supervisor and shall be located as to be readily and easily accessible for cleaning and inspection.

Grease and oil specifications. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

Maintenance and operation. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

Control manhole. When required by the Maintenance Supervisor, the owner of any commercial or industrial property served by a building sewer shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes.

[Amended 1-28-1981 by Ord. No. 119]

Construction and location. Such manhole when required shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Maintenance Supervisor.

Maintenance. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

Control methods. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in Subsections B through D above shall be determined in accordance with “Standard Methods for the Examination of Water and Sewage,” and shall be determined at the control manhole provided for in Subsection F above or upon suitable samples taken at said control 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.

Payment provision. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Township and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Township, subject to payment therefor by the industrial concern. The Township's contract for treatment of industrial waste shall result in revenues proportional to the costs of the service rendered.

[Amended 1-28-1981 by Ord. No. 119]

Industrial users. All industrial users applying for sewer service shall be required to list all substances to be discharged and the amounts in which these would be discharged in order that such discharges be in compliance with state and federal regulations.

[Amended 1-28-1981 by Ord. No. 119]

§ 453-9 Violations; disconnection; action to correct; hearing.

Disconnection. Any person, corporation or other legal entity who violates any of the provisions of this article is subject to a civil action and/or having the sewer and/or water on the premises upon which said violation is occurring disconnected until such time as the violation is corrected and the Township is reimbursed for the cost of such disconnection and reconnection.

Action to correct.

By Township. In the event any person, corporation, or other legal entity violates any of the provisions of this article, the Township may elect to perform the work necessary to correct the same or contract to have such correction made, and in the event of such election by the Township, its agents or subcontractors, the cost of making such correction shall be charged and assessed against the premises upon which the violation was occurring as a municipal lien or cause such costs to be added to the tax duplicate as an assessment or be levied as a special tax against said premises, or be recovered in a suit at law against the owner.

Written notice to owners. Provided, however, that prior to the Township, its agents or subcontractors correcting such violation themselves, the person in possession of said premises and the record owners as disclosed by the records in the St. Clair County Register of Deeds Office shall be given written notice and a reasonable length of time to make such correction themselves, as hereinafter provided. The cost of determining the owners and parties in possession of any premises upon which a violation is or has occurred, together with any attorney fee, recording, title search, or other such similar expense, shall be included in and made a part of the lien above provided for.

Hearing.

Determination. In the event that the person designated by the Township to determine whether or not a violation may exist determines that a violation does exist and that the then-interested parties have not corrected the same after reasonable written notice of the violation and time within which to make such correction, such Township official shall make written findings, determination, and request to the Township Board for a hearing relative to the same.

Service of notice. Upon receipt of the officer's request, the Board shall set a time and place for a hearing, and written notice thereof shall be given no less than 15 days in advance to all interested parties.

Personally. Said notice shall be in a form approved by the Township Attorney and served personally if the party can be found.

Registered or certified mail. If after diligent effort a party cannot be found within the Township, the notice may be served by registered or certified mail, return receipt requested, addressed with postage prepaid to the last known address of the party.

Publication. In the event that a party cannot be found within the Township, and no address is known or can be found for him, upon approval of the Township Attorney the notice may be served by publication for three successive days, at least 10 days prior to the date set for hearing, in a newspaper of general circulation published in the Township.

(d)

Posting on structure. In every case a copy of the notice shall be posted in a prominent place on the dwelling or structure at least 15 days prior to the hearing.

(e)

Interested party defined. For the purpose of this section, an “interested party” shall be any person or entity listed on the assessment roll, found upon the premises, or revealed by a standard search of the title thereof.

(f)

Proof of service. Proof of service of the notice upon all interested parties shall be filed with the Board on or before the date of the hearing.

Conduct of hearing. At the hearing the Board shall receive evidence and examine into the question, and a written transcript shall be taken at such hearing. An interested party shall have the right to counsel of his own choice, to introduce relevant evidence, to cross-examine witnesses, and be fully heard. The enforcing officer may be represented by counsel assigned by the Township Attorney. The Board shall define by rule the conduct and procedure to govern hearings hereunder.

Findings.

Measure of proof. The Board shall determine its findings by a preponderance of all the evidence and enter the same in writing.

Decision. If the Board shall find that such violation exists, the written finding shall recite the basis thereof in sufficient detail to identify the evidence relied on to reach the finding. Certified copies of the finding shall be distributed to the enforcing officer and each interested party.

Dismissal. The complaint shall be dismissed if no violation exists. Such determination shall be in writing.

Compliance period. The Board shall then allow the interested parties a reasonable length of time in which to make a correction, if one exists.

Noncompliance.

Board action to correct. In the event the determination by the Township Board is not complied with, within the time limit established, the Township Board may correct such violation through its own agents and subcontractors.