SEWER USE AND RATE ORDINANCE
TOWNSHIP OF HAYES
Ordinance No. 081009 of 2009
AN ORDINANCE, ADOPTED PURSUANT TO PUBLIC ACT 94 OF THE PUBLIC ACTS OF 1933, AS AMENDED, AND PURSUANT TO THE GENERAL POLICE POWERS OF THE TOWNSHIP AS AUTHORIZED BY LAW TO PROVIDE FOR CONNECTION TO PUBLIC SEWERS WITHIN THE TOWNSHIP, TO REGULATE SUCH PUBLIC SEWER CONNECTIONS, TO PROHIBIT CERTAIN CONDUCT, TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF CHARGES AND FEES IN CONNECTION WITH SEWAGE DISPOSAL SERVICES, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THE ORDINANCE
WHEREAS, to promote responsible growth within the Township and protect the environmental, the Township has authorized the expansion of the sewer system of the City of Charlevoix (the City) into the Township to serve certain new developments;
WHEREAS, further expansion of the City’s sewer system may be authorized in the future by the Township subject to the sole discretion of the Township Board;
WHEREAS, to provide for the effective operation of the City’s sewer system the Township previously agreed to enact a sewer ordinance essentially similar to the City’s sewer ordinance and to amend the Township sewer ordinance as needed;
WHEREAS, this ordinance, which shall be known as the Hayes Township Sewer Ordinance, involves regulating private and public sewers, sewer connections, industrial waste pretreatment facilities and discharge of industrial waste into the publicly operated treatment works (POTW) within the Township and providing for pollutant limitations, data collection, monitoring and sampling, and providing for penalties for the violation thereof; and
WHEREAS, the objectives of this Ordinance are:
(1)to prevent the introduction of pollutants into the wastewater system which will interfere with the normal operation of the system or contaminate the resulting municipal sludge;
(2)to prevent the introduction of pollutants into the wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3)to improve the opportunity to recycle and reclaim wastewater and sludge from the system;
(4)to provide for equitable distribution of the cost of municipal wastewater system;
(5) to protect POTW personnel who may be affected by wastewater and sludge in the course of their employment;
(6)to provide for the investigation of instances of pass-through or interference and for appropriate enforcement actions; and
(7)to have a numbering system that is consistent with the City of Charlevoix’s Sewer Ordinance since the City will own and operate the sewer system within this Township and it is the desire of the Township and City to have their sewer ordinances reasonably consistent and to incorporate such additional or alternate provisions as the Township and City deem appropriate.
THE TOWNSHIP OF HAYES ORDAINS:
SECTION 1. Hayes Township adopts the following Hayes Township Sewer Ordinance which shall read as follows:
Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:
(1) “ASTM” means American Society for Testing Materials.
(2) “B.O.D.” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees C., expressed in milligrams per liter.
(3) “Building Drain” shall mean 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 5 feet outside the inner face of the building wall.
(4) “Building Sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.
(5) “Cesspool” shall mean an underground pit into which raw household sewage or other untreated liquid waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.
(6) “Combined Sewer” shall mean a sewer receiving both surface runoff and sewage.
(7) “Council” shall mean the City Council of the City of Charlevoix and the “City” shall mean the City of Charlevoix.
(8) “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.
(9) “Grease Interceptor” (or “Grease Trap”) shall mean a tank of suitable size and material located in a sewer line and designed to remove grease and oily wastes from the sewer.
(10) “Health Officer” shall mean the legally designated health authority having jurisdiction in the Township, or his authorized representative.
(11) “Industrial Wastes” shall mean the liquid wastes from industrial, manufacturing processes, trade or business as distinct from sanitary sewage.
(12) “Uncontaminated Industrial Waste” shall mean waste water which has not come into contact with any substance used in or incidental to industrial processing operation and to which no chemical or other substance has been added; and, “Storm Water shall mean that part of precipitation which reaches the sewers as runoff from natural land surface, building roofs, or pavements or as ground water infiltration.
(13) “Natural Outlet” shall mean any outlet into a water course, pond, ditch, lake or other body of surface or ground water.
(14) “Nuisance” shall mean, but is not limited to, any condition where sewage (or garbage) is exposed to the surface of the ground or is permitted to drain on or to the surface of the ground, into any ditch, storm sewer, lake or stream, or when the odor, appearance, or presence of this material has an obnoxious or detrimental effect on or to the senses and/or health of persons, or when it shall obstruct the comfortable use or sale of adjacent property.
(15) “Person” shall mean any individual, firm, company, association, society, corporation, or group.
(16) “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(17) “Properly Shredded Garbage” shall mean 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 one-half (½) inch in any dimension.
(18) “Public Sewer” shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. Also, a Public Sewer may be referred to as a “public sanitary sewer system”, “public sewer system” or similar wording.
(19) “Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
(20) “Seepage Pit” (or “Dry Well”) shall mean a cistern or underground enclosure constructed of concrete blocks, bricks, or similar material loosely laid with open joints so as to allow the septic tank overflow or effluent to be absorbed directly into the surrounding soil.
(21) “Septic Tank” shall mean water-tight receptacle receiving sewage and having an inlet and outlet designed to permit the separation of solids in suspension from such wastes and to permit such retained solids to undergo decomposition therein.
(22) “Sewer Connection Area” shall mean those lands in the Township which have been designated by the Township Board as areas in the Township which shall be served by the City of Charlevoix’s public sewer system and to which the City has agreed to provide public sewer services.
(23) “Sewage” shall mean 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.
(24) “Sewage Disposal Facilities” shall mean privy, cesspool, seepage pit, septic tank, absorption field, or other devices used in the disposal of sewage or human excreta.
(25) “Sewage Treatment Plant” shall mean any arrangement of devices and structures used for treating sewage.
(26) “Sewage Works” shall mean all facilities for collecting, pumping, treating and disposal of sewage and industrial wastes.
(27) “Sewer” shall mean a pipe or conduit for carrying sewage.
(28) “Shall” is mandatory: “May” is permissive.
(29) “Slug” shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flow during normal operations.
(30) “Storm Sewer” or “Storm Drain” shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
(31) “Sub-Surface Disposal Field” shall mean a facility for the distribution of septic tank overflow or effluent below the ground surface through a line, or a series of branch lines, of drain tile laid with open joints to allow the overflow or effluent to be absorbed by the surrounding soil throughout the entire field.
(32) “Superintendent” shall mean the City Manager for the City of Charlevoix or a designated representative of the City Manager.
(33) “Suspended Solids” shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
(34) “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.
USE OF PUBLIC SEWERS REQUIRED
2.82. Waste Deposits.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property, within the Township, or in any area under the jurisdiction of the Township, any human or animal excrement, garbage or other objectionable waste.
2.83. Water Pollution.
It shall be unlawful to discharge to any natural outlet within the Township, or in any area under the jurisdiction of the Township, any sewage or other polluted waters, except where suitable treatment is provided as determined by the Superintendent who may seek review by the appropriate agency of the State of Michigan or Charlevoix County.
2.84. Privies and Septic Tanks.
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.
2.85. Sewer Connection Required.
The owner or occupant of any property situated within the Sewer Connection Area in the Township upon which is located a structure in which water from any source is used or available for household, commercial, industrial or other purposes, shall, at his own expense, cause such property to be connected to an available public sanitary sewer system, as required by this Ordinance. Such owner or occupant shall also be required to install suitable toilet facilities within such structures. As used in this Ordinance, an “available public sanitary sewer system” means a public sanitary sewer system located in a right of way, easement, highway, street, or public way which crosses, adjoins, or abuts upon the property and passing not more than 200 feet at the nearest point from a structure in which sanitary sewage originates.
PRIVATE SEWAGE DISPOSAL
2.88. Private Sewer Systems.
Where a public sanitary sewer is not available so that the provisions of section 2.85 do not apply, the building sewer shall be connected to a private sewage disposal system which shall comply with all regulations of the State of Michigan and the Northwest Michigan Community Health Agency or its successor.
2.89. Discontinuance of Private Sewer System.
At such time as a public sewer has been constructed in the Sewer Connection Area and becomes available, as described in section 2.85, to a property that has been served by a private disposal system, a direct connection from sanitary facilities or plumbing shall be made to the public sewer in compliance with provisions of this Ordinance.
BUILDING SEWERS AND CONNECTIONS
2.92. Permit Required.
Only authorized persons shall uncover and make any connections with or openings into, use, alter, or disturb any public sewer or appurtenance thereof and then only after first obtaining a written permit from the Superintendent.
2.93. Permit Fees.
There shall be two (2) classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Township before any connection is made to a public sewer. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent.
Permit and inspection fees shall be paid to the City at the time the application is filed, and shall be in such amounts as the Council shall, from time to time, determine by resolution.
2.94. Installation Costs.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Township and City from any loss or damage that may directly or indirectly result from the installation of the building sewer.
2.95. Separate Building Sewer.
A separate and independent building sewer line shall be provided for each building, except where one building stands at the rear of another on an interior lot and no private sewer line is available nor can one be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer line from the front building may be extended to the rear building and the whole considered as one building sewer.
2.96. Old Sewers.
Old building sewer lines may be used in connection with new buildings provided that upon examination and test by the Superintendent, the old sewer line is found to meet all requirements of this Ordinance.
USE OF THE PUBLIC SEWERS
2.100. Unpolluted Water.
No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, cooling air conditioning water or uncontaminated water or uncontaminated industrial waste to any sanitary sewer.
A normal amount of ground water leakage into basements may be drained to the sanitary sewer; however, any excessive volume of basement drainage as determined by the Superintendent will not be permitted.
2.101. Storm Sewers.
Storm water and all other unpolluted drainage, including industrial cooling water, or air-conditioning water, or uncontaminated industrial waste shall be discharged to sewers specifically designated as storm sewers, or to a natural outlet approved by the Superintendent, Charlevoix County Drain Commissioner, Michigan State Water Resources Commission, and/or other interested governmental agencies. Industrial cooling water, unpolluted air-conditioning water, or uncontaminated industrial waste may be discharged to a storm sewer or natural outlet upon approval of the Superintendent, and, where appropriate, upon approval of the County Drain Commissioner, or the appropriate agency of the State of Michigan.
2.102. Prohibited Uses.
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:
(1) Any gasoline, benzene, naphtha, fuel oil or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic 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 the receiving waters of the sewage treatment facilities, including but not limited to cyanides in excess of 2 mg/l as CN in the waste as discharged to the public sewer.
(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, or ground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
2.103. Specific Substances Prohibited.
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as quantities of subject wastes in relation to flows, velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment facilities, degree of treatability of wastes and other pertinent factors. The substances prohibited are, but are not limited to:
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150o) degrees Fahrenheit, (sixty-five (65o) degrees Centigrade).
(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substance which may solidify or become viscous at temperatures between thirty-two (32o) degrees Fahrenheit and one hundred fifty (150o) degrees Fahrenheit (zero (0o) degrees and sixty-five (65o) degrees C.)
(3) Any garbage that has not been properly shredded: The installation and operation of any garbage grinder equipped with a motor of three-fourth (¾) horsepower (0.76 HP metric) or greater shall be subject to the review and approval of the Superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
(5) Any water or waste having a 5-day B.O.D. greater than 300 mg/l or containing more than 350 mg/l of suspended solids, except upon approval of the Superintendent in a written agreement.
(6) Any waters or wastes containing chromium, copper, zinc, and similar objectionable or toxic substances; to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
(7) Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage to meet the requirements of the State, Federal or other public agencies of jurisdiction for discharge to the receiving waters.
(8) Any discharge of phosphorous, ammonia nitrates, sugars or other nutrients or wastes containing them which in the opinion of the Superintendent, are in such quantities as to cause adverse effects or a significant load on the sewage treatment plant, or cause the stimulation of growths of algae, weeds, and slimes which are or may become injurious to water supply, recreational use of water, fish, wildlife, and other aquatic life, shall be limited to the extent necessary.
(9) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.
(10) Any waters or wastes having a pH in excess of 9.5.
(11) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids such as, but not limited to, Fuller’s earth, lime slurries and lime residues, or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.
(b) Excessive discoloration such as, but not limited to, dye wastes, vegetable tanning solutions.
(c) Unusual chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(d) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
(12) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
2.104. Action by Superintendent.
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 2.103, and which in the judgment of the superintendent may 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:
(1) Reject the wastes.
(2) Require pre-treatment to an acceptable condition for discharge to the public sewers.
(3) Require control over the quantities and rates of discharge.
(4) Require a special agreement or arrangement between the Township and any person whereby any waste of unusual strength or character may be accepted by the Township for treatment subject to payment therefor by the person receiving the service.
If the Superintendent permits the pre-treatment 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. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities, or additions to, or expansion of existing treatment facilities, shall be submitted for the approval of the superintendent, and of the appropriate State agency. No construction of such facilities shall be commenced until approval is obtained in writing.
2.106. Order of Determination.
The Superintendent may by a written Order of Determination establish regulations relative to the sewage and industrial wastes to be received by public sewers. Such regulations may relate to the following:
(1) Temperature of any liquid or vapor to be admitted to the sewer.
(2) Grease or oil or other substances that may solidify or become viscous in the sewer.
(3) Gasoline or similar liquid, gas or solid that is flammable or explosive.
(4) Any substances which may tend to settle out in the sewer and cause stoppage or obstruction to flow.
(5) Any liquid which is corrosive or highly acidic or highly alkaline.
(6) Toxic or poisonous substances.
(7) Iron, copper, chromium, nickel and zinc.
(9) Toxic radioisotopes.
(10) Highly colored wastes.
(11) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(12) Any substance which may be harmful to pipes, jointing material and manholes.
(13) Any substance which may seriously interfere with the normal operation of the sewage treatment facility, such as overloading by slugs of concentrated material, liquid wastes extremely high in B.O.D., suspended matter or chlorine demand.
2.107. Statement by User.
Any person, firm or corporation whose operations entail the discharge of wastes containing toxic, poisonous or objectionable substances shall file with the Township a written statement setting forth the nature of the operation contemplated or currently being carried on, the amount of water required to be used and its source, the proposed point of discharge of said waste into the sewage system of the Township, the maximum amount to be discharged per second and a fair statement setting forth the expected bacterial, physical, chemical or other known characteristics of the wastes. Within thirty (30) days of receipt of said statement, the superintendent shall make an Order of Determination setting forth the maximum limits for the substances listed in section 2.106.
2.108. Annual Review.
Any order of determination issued by the Superintendent may be reviewed annually, and the maximums set forth therein adjusted to compensate for increased flows in the entire sewer system or increased contribution of toxic, poisonous or objectionable substances by other users of the Township sewer system. It shall be the duty of the Superintendent to apportion to each industry its fair share of toxic waste discharge in such manner that the combined waste of all users will not endanger the sewage system or treatment processes or the receiving waters.
2.109. Effect of Order.
Any order of determination issued in pursuance of this Ordinance shall be considered a part of this Ordinance for the specific industrial user or other establishment involved, and shall be enforceable in the same manner as this Ordinance.
2.110. Enforcing order.
The Superintendent, when advised that a particular industrial user is violating the terms of the Order of Determination as herein referred to, may discontinue water and sewer service to such industrial user until such time as the industry shall conform to the provisions of the Order of Determination.
Where the wastes from an industrial user exceed the limits set forth in the Superintendent’s Order of Determination, said user may be required, as a condition precedent to its continued right to use the public sewer, to construct necessary pre-treatment facilities to keep wastes discharged to the public sewers within the order limits.
2.112. Appeal Procedure.
(1) Any industrial user which is subject to an Order of Determination issued by the Superintendent shall have the right to appeal the rulings and findings of said Superintendent to a Board of referees consisting of two (2) registered professional engineers, one of whom shall be selected by the user and one by the City. Neither of said referees shall be in the employ of the party selecting him.
(2) Within ten (10) days after receiving notice of the selection of the referees, the City shall file with the referees a copy of the Superintendent’s determination and the results of the investigation. Ten (10) days thereafter, the appellant industrial user shall file its reply together with supporting documentation. The referees may thereafter require additional information and may, if they choose, hold a hearing at which both sides may present evidence and arguments. The referees shall render a written opinion within ten (10) days after the last documents are filed, and such opinion shall be binding upon all parties. If the referees cannot agree, they shall select a third referee having the same qualifications, and a decision of the majority shall be binding.
(3) The referees shall be entitled to reasonable compensation and expenses, and the cost thereof shall be borne equally by appellant and the City.
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 that such interceptors shall not be required in private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection.
2.114. Sand Interceptors.
Sand interceptors shall be installed in garages, filling stations and other establishments which have washing facilities producing sandy waste waters.
2.115. Interceptor Maintenance.
Where installed, all grease, oil and sand interceptors, and preliminary treatment facilities for any waters or wastes shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
2.116. Control Manholes.
When required by the Superintendent, the owner of any property served by a building sewer line carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be located in a safe and accessible position, and shall be constructed in accordance with plans approved by the Superintendent. 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.
2.117. Powers and Authority of Inspectors.
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted at all reasonable hours to enter upon all properties for the purpose of inspection, measurement, sampling and testing, in accordance with the provisions of this Ordinance.
2.118. Penalty & Notice to Remediate at City’s Option.
Any person who violates any provision of this ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than Five Hundred and 00/100 ($500.00) Dollars. Each day this ordinance is violated shall be considered as a separate violation. Any action taken under this section shall not prevent civil proceedings, or any other procedure or remedy for abatement or termination of the prohibited activity.
Prior to the imposition of the penalties set forth above, the Township shall not be required but may at its sole discretion, issue notice to a person in violation of this Ordinance stating the nature of the violation and providing no more than ten (10) days for the correction of said violation.
Nothing in this ordinance shall prohibit the City from acting on behalf of or as an agent of the Township for purposes of exercising any rights, remedies or enforcement methods and the City is authorized to act on behalf of the Township on all such matters.
2.119. Health Officer.
Nothing stated in these regulations may be construed to limit the power of the Township, City or Health Officer to order the immediate and complete abatement of a public nuisance or menace to the public health or of a condition which, in the opinion of the City, may be a menace to the public health.
2.120. Restrictions Imposed by Other Laws.
If any provision of the statutes of the State of Michigan imposes greater restrictions than herein set forth, then such provisions and/or statutes shall control.
2.121. Termination of Service for Nonpayment.
The Superintendent is hereby authorized to enforce the payment of charges for sewage disposal service to any premises by having the Township discontinue the public water service, if any, or by directly discontinuing the sewage disposal service to such premises, or both, and/or by bringing a lawsuit in a court of competent jurisdiction against the responsible person(s) to collect such charges. The charges for sewage disposal service, which, under the provisions of Act 94, Public Acts of 1933 of the State of Michigan, as amended, are made a lien on the premises to which furnished, are hereby recognized to constitute such lien, unless notice is given that a tenant is responsible for the payment of all such user charges. On April 1 of each year the Superintendent shall certify to the Township Supervisor or Assessor all unpaid charges for such services furnished to any premises, which, on the 31st day of March preceding have remained unpaid for a period of six (6) months. For those properties which are served by City-provided sewer and electricity, the Superintendent is additionally authorized to discontinue electric service to such premises.
The Township Supervisor or Assessor shall then place the same on the next tax roll of the Township. Such charges so assessed shall be collected in the same manner as general Township taxes. All such charges collected by the City under this section shall be promptly paid to the Superintendent, who shall then credit the same to the proper account. In cases where the Superintendent is properly notified in accordance with said Act 94 of 1933, that a tenant is responsible for sewage disposal service charges, no such service shall be commenced or continued to such premises until there has been deposited with the Superintendent, a sum sufficient to cover two times the average quarterly bill for such
premises as estimated by the Superintendent, such deposit to be in no case less than fifty ($50.00) dollars. Where the electricity, water service or sewage disposal service to any premises is turned off to enforce the payment of sewage disposal service charges, those services shall not be recommenced until all delinquent charges and a service turn-on charge have been paid and a deposit as in the case of tenants is made. In any other case where, in the discretion of the Superintendent, the collection of charges for sewage disposal service may be difficult or uncertain, the Superintendent may require a similar deposit. Such deposit may be applied against any delinquent sewage disposal service charges and the application thereof shall not affect the right of the Superintendent to turn off the water service and/or sewer service to any premises for any delinquency thereby satisfied. No such deposit shall bear interest and such deposit or any remaining balance thereof, shall be returned to the customer making the same when he or she shall discontinue receiving sewage disposal service or, except as to tenants to whom notice of responsibility for such charges has been filed with the Superintendent, when any 24 successive monthly bills shall have been paid by said customer with no delinquency. The lien provided in this subsection does not preclude any other remedy provided by law.
2.122. Contract for Ordinance Administration.
The sewage disposal system is supplied and operated by the City. This Ordinance is intended to supplement and implement a contract between the City and Township which allows the City to administer this Sewer Ordinance. Accordingly, the City has the final authority in its discretion to take any action regarding the sewage disposal system in the Township which the Township could take either pursuant to this Ordinance or state law. This includes, but is not limited to, the setting of rates and charges.
2.123. Validity, Severability, Conflict.
- The provisions of this Ordinance are severable, and if any of the provisions, words, phrases, clauses or terms, or the application thereof to any person, firm or corporation, or to any circumstances, shall be held invalid, illegal, or unconstitutional by any court of competent jurisdiction, such decision or findings shall not in any way affect the validity, legality or constitutionality of any other provision, word, phrase, clause or term, and they shall continue in full force and effect.
- If any laws, parts of laws, ordinances, codes or regulations are more restrictive or establish a higher standard than those provided in this Ordinance, then those laws, parts of laws, ordinances, codes or regulations shall apply.
2.124. Effective Date.
This Ordinance shall be effective thirty (30) days after its publication in a newspaper of general circulation within the Township.
TOWNSHIP OF HAYES
Ethel Knepp, Supervisor
Marlene Golovich, Clerk