Chapter 58 UTILITIES*
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*Cross references: Administration, ch. 2; buildings and
building regulations, ch. 10; fire prevention and protection, ch. 34;
subdivisions, ch. 50.
State law references: Authority to provide for water and
sewer systems, MCL 41.411.
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Article I. In General
Secs. 58-1--58-25.
Reserved.
Article II. Water
System
Division 1. Generally
Sec. 58-26.
Continuation of water department.
Sec. 58-27.
Definitions.
Sec. 58-28. Penalty
for violation of article.
Sec. 58-29. Operating
year.
Secs. 58-30--58-40.
Reserved.
Division 2. Water Use
Sec. 58-41.
Oversizing of transmission (trunk) lines; payment of cost difference.
Sec. 58-42.
Unmetered.
Sec. 58-43.
Installation and care of water meters.
Sec. 58-44. Cross
connections.
Sec. 58-45. Limiting
of use.
Secs. 58-46--58-55.
Reserved.
Division 3. Fees and
Charges
Sec. 58-56. Charges
for water distribution.
Sec. 58-57.
Connection charges.
Sec. 58-58. Debt
service charge.
Sec. 58-59. Deferred
main charge.
Sec. 58-60. Water
meter charge.
Sec. 58-61. Fire
hydrant service charge.
Sec. 58-62.
Disposition of revenue.
Sec. 58-63.
Establishment of specific funds for water revenue.
Sec. 58-64.
Collection of rates and lien on property.
Sec. 58-65. Appeals.
Sec. 58-66. Tax
exempt organizations.
Secs. 58-67--58-70.
Reserved.
Division 4. Cross
Connections
Sec. 58-71. Short
title.
Sec. 58-72. Purpose.
Sec. 58-73. Legal
authority.
Sec. 58-74. Rules
applying to text.
Sec. 58-75.
Definitions.
Sec. 58-76.
Prohibitions.
Sec. 58-77. Piping
identification.
Sec. 58-78. Water
outlet labeling.
Sec. 58-79. Cross
connection program.
Sec. 58-80.
Inspection.
Sec. 58-81. Entry,
information and presumption.
Sec. 58-82.
Protective devices.
Sec. 58-83.
Termination of water service.
Sec. 58-84. Owner
responsibilities.
Sec. 58-85. Backflow
prevention device.
Sec. 58-85.1. Program
fees.
Sec. 58-85.2.
Penalties.
Sec. 58-85.3.
Administrative liability.
Article III. Sewer
Service
Division 1. Generally
Sec. 58-86.
Definitions.
Sec. 58-87.
Abbreviations.
Sec. 58-88.
Establishment and continuance of sewer department.
Secs. 58-89--58-100.
Reserved.
Division 2.
Administration and Enforcement
Sec. 58-101.
Enforcement officer.
Sec. 58-102.
Suspension of service; reasons.
Sec. 58-103. Stopping
contribution upon notification; conditions for resumption of service.
Sec. 58-104. Failure
of user to remain within limits; discontinuance or denial of service.
Sec. 58-105. Service
of notice of violation; user plan for correction required.
Sec. 58-106. Actions
for legal or equitable relief.
Sec. 58-107. User to
inform director upon upset.
Sec. 58-108.
Affirmative defense to enforcement action.
Sec. 58-109. Relevant
evidence to be demonstrated by user.
Sec. 58-110. User to
have burden of proof.
Sec. 58-111. Penalty
for violation of article.
Sec. 58-112.
Protection from damage.
Sec. 58-113. Power
and authority of inspectors.
Sec. 58-114.
Restriction imposed by other township ordinances and/or state statutes.
Sec. 58-115.
Abatement of nuisances.
Sec. 58-116.
Authority of the O.C.P.U.S.
Secs. 58-117--58-125.
Reserved.
Division 3. Operation
and Maintenance
Sec. 58-126.
Allendale Area System.
Sec. 58-127. Rush
Creek System.
Sec. 58-128.
Establishment of funds for sewage disposal system.
Sec. 58-129.
Additional revenue, if needed, to pay bond and contract expenses.
Sec. 58-130.
Operating year.
Secs. 58-131--58-140.
Reserved.
Division 4. Public
Sewer Use
Subdivision I. In
General
Sec. 58-141. Deposit
of wastes prohibited; exception.
Sec. 58-142.
Discharge of sewage to natural outlets or watercourses.
Sec. 58-143.
Construction of private disposal facilities where public sewer exists.
Sec. 58-144. Installation
of toilet facilities; connection to public sewer.
Sec. 58-145. Time
limit to connect with public sewer.
Sec. 58-146. Notice
of availability; publication; enforcement; remedies.
Secs. 58-147--58-155.
Reserved.
Subdivision II.
Administration and Enforcement
Sec. 58-156.
Administration.
Sec. 58-157. Penalty
for violation of division.
Sec. 58-158.
Preservation of records.
Sec. 58-159. Spill
prevention plan.
Sec. 58-160. Show
cause hearing.
Sec. 58-161. Appeal
procedure.
Secs. 58-162--58-170.
Reserved.
Subdivision III.
Prohibited Discharges
Sec. 58-171. Waters.
Sec. 58-172. Use of
storm sewers and natural outlets.
Sec. 58-173.
Substances.
Sec. 58-174.
Limitations on wastewater strength.
Secs. 58-175--58-185.
Reserved.
Division 5. Private
Sewage Disposal
Sec. 58-186.
Permitted where public sewer unavailable.
Sec. 58-187.
Abandonment and filling of private system upon availability of public
sewer.
Sec. 58-188.
Operation and maintenance.
Sec. 58-189. Conflicts
of division provisions with additional requirements.
Sec. 58-190.
Construction of facilities for eventual connection to public sewer.
Secs. 58-191--58-200.
Reserved.
Division 6. Building
Sewers and Connections
Subdivision I. In
General
Sec. 58-201.
Connections to be made by authorized persons; permit required.
Sec. 58-202. Classes
of building sewer permits; required information; fees.
Sec. 58-203. Costs
and expenses for installation and connection.
Sec. 58-204. Separate
and independent sewer to be provided for each building; exception.
Sec. 58-205. Use of
dormant building sewers.
Sec. 58-206.
Construction materials.
Sec. 58-207. Size and
slope.
Sec. 58-208.
Placement; depth; direction.
Sec. 58-209. Lifting
of sewage.
Sec. 58-210.
Excavations; pipelaying and backfill.
Sec. 58-211. Joints.
Sec. 58-212. Testing
by exfiltration.
Sec. 58-213.
Applicant for building sewer permit to notify township when sewer ready
for inspection and connection.
Sec. 58-214. Guarding
of excavations; barricades and lights.
Sec. 58-215. Officer
conducting inspections.
Sec. 58-216.
Construction of basements on floor drains.
Secs. 58-217--58-225.
Reserved.
Subdivision II.
Connections
Sec. 58-226. Service
types.
Sec. 58-227. Used in
existing sewers.
Sec. 58-228. Used in
new sewers.
Sec. 58-229.
Nonconnecting sewers--Generally.
Sec. 58-230.
Same--Inspection fees.
Sec. 58-231.
Same--Part of dry sanitary system; inspection fee.
Sec. 58-232.
Same--Right of township to inspect.
Sec. 58-233.
Same--Connection to building drain.
Sec. 58-234.
Same--Unauthorized connection; charges.
Sec. 58-235.
Prohibited without determination of capacity by director.
Secs. 58-236--58-245.
Reserved.
Subdivision III.
Township Contribution for Required Extra Size and Greater Depth for the
Benefit of Upstream Properties
Sec. 58-246.
Continuance of policy.
Sec. 58-247.
Additional installation or construction requirements.
Sec. 58-248.
Payments; not contract obligations.
Sec. 58-249. Filing
for funds.
Sec. 58-250.
Determination of average cost for construction.
Sec. 58-251.
Additional costs for sewers requiring extra depth.
Sec. 58-252. Costs
for pipe.
Sec. 58-253.
Determination of costs of pipe construction.
Sec. 58-254.
Owner-developer not to have interests in upstream properties; affidavits
may be required.
Secs. 58-255--58-265.
Reserved.
Subdivision IV.
Installation of Shallow Sewers
Sec. 58-266.
Construction; installation of grinder pumps.
Sec. 58-267. New
plats and developments.
Sec. 58-268.
Assessments.
Sec. 58-269. Grinder
pumps.
Sec. 58-270. Payment
of electrical expenses for operation of pumps.
Sec. 58-271. Customer
choices of installation.
Secs. 58-272--58-280.
Reserved.
Division 7. Charges
and Fees
Subdivision I. In
General
Sec. 58-281.
Established by township board.
Sec. 58-282. Payments
system.
Sec. 58-283. Rates
for service to Allendale Area System.
Sec. 58-284.
Computation of sewer use charges.
Sec. 58-285.
Miscellaneous services; special rates.
Sec. 58-286.
Adjustment of user charges; based on audit review.
Sec. 58-287. User
classes.
Sec. 58-288. Normal
strength sewage dischargers.
Sec. 58-289. Above
normal strength sewage users.
Sec. 58-290.
Connection; service stub charges.
Sec. 58-291. Effluent
surcharges for nondomestic users; testing.
Sec. 58-292. Testing
procedures for establishing surcharges.
Sec. 58-293. Penalty
payments; not to constitute compliance with orders of determination.
Sec. 58-294.
Additional remedies for nonpayment of surcharges.
Secs. 58-295--58-305.
Reserved.
Subdivision II. Sewer
Connection Charges
Sec. 58-306. Rush
Creek Area System--Trunkage connection fee.
Sec. 58-307.
Same--Sewer main construction and installation costs; additional
assessment; payment.
Sec. 58-308. Same--Additional
assessments; payment.
Sec. 58-309.
Interconnection of dry systems with public system; costs of construction
and installation.
Sec. 58-310.
Exemption of lots assessed according to sections 58-307 and 58-308.
Sec. 58-311. Other
improvements.
Sec. 58-312.
Contributions by township to special assessment districts for
construction and installation costs.
Sec. 58-313.
Allendale Area System--Sewer main construction and installation costs;
additional assessment; payment.
Sec. 58-314.
Same--Trunkage connection fee.
Secs. 58-315--58-325.
Reserved.
Subdivision III. Unit
Charge
Sec. 58-326.
Computation.
Sec. 58-327.
Reevaluation of charge.
Secs. 58-328--58-340.
Reserved.
Subdivision IV.
Interest and Tax Provisions for Unpaid Charges
Sec. 58-341. Due date
of quarterly bills; penalty; notice of discontinuance of service.
Sec. 58-342. Lien
established; collection; enforcement.
Secs. 58-343--58-355.
Reserved.
Subdivision V.
Appeals
Sec. 58-356. Right to
appeal charges.
Sec. 58-357. Review;
determination.
Sec. 58-358. Appeal
from committee determination to township board; resolution.
Sec. 58-359. Basis of
resolution.
Sec. 58-360.
Outstanding bills due and payable during appeal.
Sec. 58-361. Fees.
ARTICLE I. IN GENERAL
Secs. 58-1--58-25.
Reserved.
ARTICLE II. WATER
SYSTEM
DIVISION 1. GENERALLY
Sec. 58-26.
Continuation of water department.
The township does hereby continue a water department to
operate and control the water system in the township, which shall be under the
jurisdiction and control of the township board. The construction, alteration,
repair and management of the system shall be under the supervision and control
of the township board. The township board may employ such persons in such
capacities as it deems advisable to carry on the efficient management and
operation of the water system, subject to the approval of the township board.
The township board may make such rules, orders and regulations as it deems
advisable and necessary to ensure the efficient management and operation of the
water system.
(Ord. No. 153, art. II, 11-27-89)
Sec. 58-27.
Definitions.
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:
Debt service charge means a charge to the township at the
time a customer is connected to the township water supply system and a meter is
installed.
Deferred main means a trunk water main constructed and
installed by the township for which the abutting property owners have not paid
or have not been assessed their proportionate share of construction costs on a
front foot basis.
Service tap means a water transmission line from the
township trunk main to a point within the right-of-way seven feet from the
adjoining property line.
Water meter means any meter, device, or component or
connecting part that is used or installed in the water distribution of the
township and used or capable of being used for the measuring of the amount of
water being distributed or to be distributed to one or more customers.
(Ord. No. 153, art. III, 11-27-89)
Cross references: Definitions generally, § 1-2.
Sec. 58-28. Penalty
for violation of article.
Any person who violates this article shall be responsible
for a municipal civil infraction and shall be punished by a fine as set forth
in the Schedule of Civil Fines [Appendix C] and court costs. Equitable relief
may also be awarded as permitted by Michigan law. Each day that a violation
continues shall be deemed a separate offense.
(Ord. No. 153, art. XXII, 11-27-89; Ord. No. 2000-03,
8-28-2000)
Sec. 58-29. Operating
year.
The water supply system and department shall operate on a
basis of an operating year commencing January 1 and ending December 31, next
following.
(Ord. No. 153, art. XXI, 11-27-89)
Secs. 58-30--58-40.
Reserved.
DIVISION 2. WATER USE
Sec. 58-41.
Oversizing of transmission (trunk) lines; payment of cost difference.
If oversizing of transmission lines is required, the
township will pay the difference for the cost of pipe and fittings only at the
time of construction, as follows:
(1) In excess of
eight-inch lines in FP, AG, RR, LDR and LMR low residential districts.
(2) In excess of
12-inch lines in MDR, MHR, HDR, and MHP high residential districts or group
housing.
(3) In excess of
12-inch lines in commercial and industrial districts.
(Ord. No. 153, art. XIII, 11-27-89)
Sec. 58-42.
Unmetered.
(a) Use of
hydrants. Use of hydrants shall be regulated as follows:
(1) Permit
required. No township water (fire) hydrant shall be opened, and no water shall
be withdrawn from any township water (fire) hydrant. No water shall be used by
any person except in case of emergency or for the use of fighting fires by
authorized government agencies, without a written permit obtained by the
township water department, which shall be in possession of the person using the
hydrant.
(2) Metering
required. No water shall be withdrawn from a township water supply system, or
from any installed service, or from any permitted tap, unless the use of such
water is metered by the township, or unless a permit for such use is granted by
the Georgetown Charter Township Water Department, which permit shall be in the
possession of the person using the water.
(b) Issuance of
permits. Permits shall be issued by the township water department for the use
of water (fire) hydrants, or for taps or outlets from water mains, to qualified
persons for the legitimate use of water, so long as the use does not interfere
with the availability or the water pressure for all anticipated emergency
needs, or for regular services under the following circumstances:
(1) Application
shall be made in writing for the use of a water hydrant for a one-day permit
from a hydrant at a specific location.
(2) Application
shall be completed for as many days use as may be required for the permit, and
the permit shall be issued specifying each day that water may be withdrawn from
one specific hydrant, or from a specific tap or outlet.
(c) Cost of
permits. The township board shall from time to time by resolution, adopt a
schedule of costs for permits issued under this article, which schedule shall
be available at the township office. The following permits may be issued:
(1) Permits to
fill a swimming pool from a hydrant.
(2) Permits to
fill water tanks on trucks or other vehicles from a hydrant.
(3) Permits to
use hydrant water or main taps to test or clean newly constructed and/or newly
repaired water mains.
(4) Permits to
use water from main or service line for, and during, residential and/or
commercial construction.
(d) Limited
permits. Limited permits may be issued under the following circumstances:
(1) No permits
shall be issued to any person unless the application shows that the applicant
has, in the opinion of the township water department, the necessary knowledge,
ability, and tools available to him to correctly use the hydrant and/or water
mains and/or water system of the township so as to eliminate any damage to the
system.
(2) All applicants
shall agree to use the correct procedures in obtaining water from the system
and shall be responsible for any damage to any water hydrant or water main or
any unusual loss of water caused by the negligence or unreasonable use of the
water system.
(3) Continued
misuse of the system by any person shall be adequate reason for the denial of
any additional permits, and shall grant the township the right to revoke any
permits presently outstanding.
(Ord. No. 153, art. XIV, 11-27-89)
Sec. 58-43. Installation
and care of water meters.
(a) Responsibility
for damage. The owner or occupant, lessee or purchaser of the premises or any
parcel of land where any water meter is located shall be responsible for the
protection of the water meter from alteration, disconnection, damage or
destruction. All costs incurred by the township for repairs or replacements of
any meter because of such damage or destruction shall be charged to the
customer being served by the meter.
(b) Charges for
water supply. If any water meter is damaged, altered, or destroyed, or rendered
incapable of correctly measuring water distributed to a customer, the township
water department engineer shall estimate the length of time that the water
meter did not function properly, and estimate the amount of water used by the
customer during such period, and charge the customer for the estimated amount
of water used and distributed at the rate then being charged by the township
for use and distribution for water and services, plus a penalty equal to 25 percent
of the charge.
(c) Charges for
damages. Any charge for damages, services, or penalties levied or assessed
under this article shall constitute an assessment for the use of water as
distributed by the township, shall constitute a lien on the premises or parcel
where such water is supplied, shall be effective immediately on the charge or
billing being made, and shall not be enforceable for more than three years
thereafter, at which time, however, it may be enforced in any manner as
prescribed by the township, or by the general laws of the state provided for
the enforcement of tax liens.
(d) Restriction
against damaging meter. No person shall install, connect, disconnect,
dismantle, adjust, destroy or tamper with any water meter located in the
township, unless duly authorized by the township water department.
(Ord. No. 153, art. XV, 11-27-89)
Sec. 58-44. Cross
connections.
(a) Adoption of
rules. The township does hereby adopt by reference the Water Supply Cross
Connection Rules of the state department of public health, being R325.11401 to
R325.11407 of the Michigan Administrative Code.
(b) Inspections
generally. It shall be the duty of the township water department to cause
inspections to be made of all properties served by the public water supply. The
frequency of inspections and reinspections, based on potential health hazards
involved, shall be as established by the township board and as approved by the
state department of public health.
(c) Inspection
of water services. The representative of the township 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 systems of such property 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 systems on
such property. The refusal of such information or refusal of access, when
requested, shall be deemed evidence of the presence of cross connection.
(d) Discontinuance
of water services. The township water department is hereby authorized and
directed to discontinue water service after reasonable notice to any property
wherein any connection in violation of this article exists, and to take such
other precautionary measures deemed necessary to eliminate any danger of
contamination of the public water supply system. Water service to such property
shall not be restored until the cross connection has been eliminated in
compliance with the provisions of this article.
(e) Contamination
and labeling. The potable water supply made available on the properties served
by the public water supply shall be protected from possible contamination as
specified by this article and by the state and township plumbing code. Any
water outlet which could be used for potable or domestic purposes and which is
not supplied by the potable system must be labeled in a conspicuous manner as:
"WATER UNSAFE FOR DRINKING."
(f) Conflicting
ordinances. This article does not supersede the state plumbing code and the
township plumbing Ordinance No. 107 but is supplementary to them.
(Ord. No. 153, art. XVIII, 11-27-89)
Sec. 58-45. Limiting
of use.
(a) Declaration
of water emergencies. Water emergencies may be declared upon the following
circumstances:
(1) On notice of
the City of Wyoming, Kent County, Michigan, city manager that it is necessary,
in order to maintain adequate water storage for fire protection and to ensure
ample water for essential needs to conserve the use of water; or
(2) On a
determination of the township supervisor that the township does not have an
adequate water supply for fire protection and to ensure ample water for
essential needs; and
(3) The township
supervisor is hereby authorized to declare a water emergency and to restrain
usage of water by township water customers.
(b) Plans for
limitation. If a water emergency is declared, the supervisor shall restrict the
use of water within the township according to any one of the five following
plans:
(1) Plan 1,
odd-even lawn sprinkling. Addresses ending in an odd number will be allowed to
sprinkle any time on odd-numbered dates. Even-numbered addresses may sprinkle
any time on even-numbered dates.
(2) Plan 2, odd-even
sprinkling. Midnight to noon. The plan shall be the same as subsection (1) of
this section, except all permitted sprinkling activity must occur between the
hours of midnight and noon. All sprinkling, regardless of address, will be
prohibited from noon to midnight.
(3) Plan 3,
total ban on sprinkling. A total ban of all sprinkling shall be declared.
(4) Plan 4,
total ban on sprinkling and nonessential use of water. There shall be a total
ban on sprinkling and nonessential use of water, such as:
a. Noncommercial
car washes; and
b. Hosing
drives and walks.
(5) Plan 5,
restrictive ban or use of water. There shall be a restrictive ban or use of
water as required by the City of Wyoming, the township's source of water
supply.
(c) Notice of
water emergency. The limit of use of water shall take effect immediately on
declaration of a water emergency by the supervisor; provided, however, that no
penalties shall be imposed for violations occurring within the first 24 hours
after notification of such water emergency and water use ban by radio and/or
television announcement.
(d) Length of
water emergency. The water emergency declared by the supervisor shall be
effective for a period not in excess of 20 days unless the water emergency is
extended by resolution of the township board.
(Ord. No. 153, art. XIX, 11-27-89)
Secs. 58-46--58-55.
Reserved.
DIVISION 3. FEES AND
CHARGES*
__________
*Cross references: Water charges, app. B.
__________
Sec. 58-56. Charges
for water distribution.
(a) All rates
and charges for distribution of water shall be determined by resolution of the
township board from time to time.
(b) There shall
be an annual debt charge in an amount as set by the township board from time to
time to each customer, being those persons or corporations having one water
meter, which shall be billed quarterly as part of the charges for water
services.
(Ord. No. 153, art. IV, 11-27-89)
Sec. 58-57.
Connection charges.
At the time of connection of a customer to the township
water system, the customer shall pay the following charges:
(1) Service tap
connection charge. The township shall take bids or negotiate for installation
for service taps from outside contractors at least annually, and the charges to
the customers for such water service taps shall be equal to the cost to the
township, plus an amount not to exceed ten percent.
(2) Inspection
fee. The township shall charge an inspection fee for all service connections on
private property.
(3) Costs of
meter components. The township shall charge the customer for the cost of the
meter, angle valve, meter hold, and outside remote reader, plus an amount not
to exceed ten percent of such costs.
(Ord. No. 153, art. V, 11-27-89)
Sec. 58-58. Debt
service charge.
There shall be a debt service charge against each customer,
being any person who has been supplied one water meter, of the water supply
system of the township, and the charge shall be established by resolution by
the township board from time to time, which shall be paid at the time of hookup
to the water system in the township.
(Ord. No. 153, art. VI, 11-27-89)
Sec. 58-59. Deferred
main charge.
In addition to such established costs, charges and fees for
water services and water service connections, an additional frontage shall be
made at the time of application of any such parcel for water services, on a
front foot basis, at a rate per foot as established by resolution by the
township board from time to time, against each parcel of property abutting the
deferred main constructed or purchased by funds supplied by the township;
provided, however, that such deferred charge shall in no event be less than the
initial charge in the assessment district in which the lot or parcel is
located, and if a property owner applies for water service within 90 days
following the date the construction contract is awarded for the deferred main
adjacent to the property, the owner may pay the actual costs per front foot of
such construction if less than the deferred cost.
(Ord. No. 153, art. VII, 11-27-89)
Sec. 58-60. Water
meter charge.
A charge shall be established from time to time by the
township board for the water meter, as required by each service connection.
(Ord. No. 153, art. VIII, 11-27-89)
Sec. 58-61. Fire
hydrant service charge.
The township shall make an annual charge against all lands
within a distance of 1,000 feet from any fire hydrant installed and in
operation within the township, at or before September 1 of each year. All charges
made pursuant to this article shall be certified by the township board to the
supervisors of the township on September 1 of each year, and shall be included
on the general property tax rolls for that year against the property which has
received the service.
(Ord. No. 153, art. IX, 11-27-89)
Sec. 58-62.
Disposition of revenue.
All collections of revenue made by the township for the
water supply system shall be deposited in the sewer and water enterprise fund.
(Ord. No. 153, art. XI, 11-27-89)
Sec. 58-63.
Establishment of specific funds for water revenue.
There is hereby established or continued a fund for the
operation and maintenance of the township water supply system known as the
sewer and water enterprise fund.
(Ord. No. 153, art. X, 11-27-89)
Sec. 58-64.
Collection of rates and lien on property.
(a) Regulations.
The township shall have as security for the collection of any water rates, or
any assessments, charges or rentals due or to become due for the use or
consumption of water supplied to any house or other building or any premises,
lots, or parcels of land, or any assessments, including assessments levied
against property for the installation of water and sewer mains and/or water
trunk lines, which assessments or charges may be made at such time as the owner
of the property hooks up or attaches to the water main, a lien upon such house
or building and upon the premises, lots, or parcels upon which such house or
other building shall be situated or to which such water was supplied or
improvement installed. Such lien shall become effective immediately upon the
assessment of the parcel or lot or the distribution of water to the premises or
property supplied, but shall not be enforceable for more than three years
thereafter. Assessments or liens effective or levied against any one lot or
parcel of real estate shall not be divided, split, or transferred to any lot or
any other parcel.
(b) Liens. The
lien created in this section may be enforced by the township in a manner
prescribed by the township Charter, or by the general laws of the state
provided for the enforcement of tax liens.
(c) Water
services violations. The township, in addition, may discontinue water service
from the premises against which the lien has accrued, whenever any persons
shall fail to pay the rates, assessments, charges or rental referred to in this
division or may institute suit for the collection of the same in any court of
competent jurisdiction, but no attempt to collect such water rates,
assessments, charges or rentals by any process shall in any way invalidate or
waive the lien upon the premises.
(Ord. No. 153, art. XVI, 11-27-89)
Sec. 58-65. Appeals.
(a) Right;
directed to township clerk. Any customer has the right to appeal the basis for
any charges developed in accordance with this article. Appeals shall be
directed to the township clerk, in writing, along with any supporting
documentation for amendment of the charges in question. Any additional
information that may be required to resolve the appeal, as directed by the
township clerk, shall be obtained by the customer at his expense.
(b) Review;
determination. The appeal and supporting documents shall be presented to the
township sewer-water committee, who shall review and make a determination
within 60 days after receipt by the township clerk. A copy of the determination
of the appeal shall be mailed to the customer at his address as shown on the appeal
within five days from the date of determination.
(c) Dissatisfaction
with decision; submission to township board. If the customer is not satisfied
with the determination as made by the committee, such customer shall have the
right, by written request to the township clerk, to have his appeal and any
additional supporting data as he may request, submitted to the township board
for further resolution. On receipt of such request, the township clerk shall
resubmit the appeal and supporting data to the township board, and the board
shall make a resolution on the matter within 30 days from receipt of the
request.
(d) Resolution;
basis. All resolutions on the appeal shall be in accordance with the best
available data and the information presented in this article. In no event shall
appeals be accepted which would require a variance in the methods of charge
calculations established and in force by this article.
(e) Bills due
and payable during appeals process. All bills for water service, outstanding
during the appeals process, including all penalties or delinquency charges,
shall be due and payable. Pending resolution of the appeal, the township may
adjust the charges accordingly, including any refunds due. Refunds shall be
retroactive to the previous four quarters' billings only.
(f) Fees. Fees
for the appeals process shall be established by the township board.
(Ord. No. 153, art. XVII, 11-27-89)
Sec. 58-66. Tax
exempt organizations.
Any and all tax exempt organizations, including schools and
churches which desire water services, shall, prior to receiving same, pay the
same charges as a nonexempt owner would pay under this article. No free water
service shall be allowed or provided to anyone within the township.
(Ord. No. 153, art. XX, 11-27-89)
Secs. 58-67--58-70.
Reserved.
DIVISION 4. CROSS
CONNECTIONS
Sec. 58-71. Short
title.
This division may be referred to as the Georgetown Charter
Township Cross Connection Ordinance.
(Ord. No. 2002-07, § 1, 7-22-02)
Sec. 58-72. Purpose.
The purpose of this division is to provide for and regulate
the public health, safety, and general welfare by regulating and controlling
connections to the public water supply in order to prevent entry into the
public water supply of water of questionable quality, or water which is contaminated
with waste or other contaminants.
(Ord. No. 2002-07, § 2, 7-22-02)
Sec. 58-73. Legal
authority.
This division is enacted pursuant to the authority granted
by MCL 42.15, 42.5(2), and 41.181.
(Ord. No. 2002-07, § 3, 7-22-02)
Sec. 58-74. Rules
applying to text.
The following rules of construction apply to the text of
this division:
(1) The
particular shall control the general;
(2) The headings
which title various article and sections are for convenience only and are not
to be considered in any construction or interpretation of the division or as
enlarging or restricting the terms and provisions of the division in any
respect;
(3) The word
"shall" is always mandatory and not discretionary. The word
"may" is permissive;
(4) Words used
in the present tense shall include the future, words used in the singular
number shall include the plural, and words used in the plural number shall
include the singular, unless the context clearly indicates the contrary;
(5) The word
"person" includes a firm, associations, partnership, joint venture,
corporation, limited liability company, trust, municipal or public entity or
any other legal entity, or a combination of any of them, as well as a natural
person; and
(6) Any word or
phrase not defined in this section 58-74 or in section 58-75 shall be
considered to be defined in accordance with its common or standard definition.
(Ord. No. 2002-07, § 4, 7-22-02)
Sec. 58-75.
Definitions.
The following listed words and phrases are defined for the
purpose of their use in this division. These definitions shall apply in the
interpretation and enforcement of this division unless otherwise specifically
stated.
Backflow means water of questionable quality, or which is
contaminated with wastes or other contaminants, which enters a public water
supply system due to a reversal of flow.
Cross connection means a connection or arrangement of piping
or appurtenances through which a backflow could occur.
Program means the cross connection control program referred
to in section 58-79 of this division.
Secondary water supply means a water supply system
maintained in addition to a public water supply including, but not limited to,
(i) water systems supplied from ground or surface sources not meeting the
requirements of MCL 325.1001 to 325.1023, or the requirements of any similar
successor Michigan Statute, or (ii) water from a public water supply which in
any way has been treated, processed, or exposed to any possible contaminant or
which has been stored in other than an approved storage facility. A private
water storage tank supplied from the system shall be deemed a secondary water
supply unless it is designated as and is approved by the water utility for potable
water storage and usage.
Submerged inlet means a water pipe or extension thereto from
a public water supply terminating in a tank, vessel, fixture, container, or
appliance which may contain water of questionable quality, or water
contaminated by waste or other contaminants, and which is not protected against
backflow.
System means the Georgetown Charter Township water supply
and distribution system.
Water utility means the Georgetown Charter Township Water
Department.
(Ord. No. 2002-07, § 5, 7-22-02)
Sec. 58-76.
Prohibitions.
The following cross connections are prohibited:
(1) A cross
connection between the system and a secondary water supply.
(2) A cross
connection with a submerged inlet.
(3) A cross
connection between the system and piping immersed in a tank or vessel which may
contain a contaminant.
(4) A cross
connection between the system and piping which may contain sanitary waste, a
chemical contaminant, or any other type contaminant including, but without
limitation, a cross connection between the system and a lawn sprinkler system
or a fire sprinkler system.
(Ord. No. 2002-07, § 6, 7-22-02)
Sec. 58-77. Piping
identification.
When a secondary water supply is used in addition to the
system, exposed public water and secondary water supply piping shall be
identified by distinguishing colors or tags and so maintained so that each pipe
may be readily traced in its entirety. If piping is installed in a manner so
that is impossible to trace in its entirety, the system shall be protected at
the service connection in a manner acceptable to the water utility.
(Ord. No. 2002-07, § 7, 7-22-02)
Sec. 58-78. Water
outlet labeling.
Any water outlet which could be used for potable or domestic
purposes and which is not supplied by the system shall be labeled in a conspicuous
manner as:
WATER UNSAFE FOR DRINKING
(Ord. No. 2002-07, § 8, 7-22-02)
Sec. 58-79. Cross
connection program.
The water utility is hereby authorized and directed to
prepare a comprehensive cross connection control program for the elimination
and prevention of cross connection including, but not limited to, provisions
pertaining to the installation, maintenance, testing, reporting, and inspecting
of backflow prevention devices, piping labeling, and water outlet labeling. The
program shall also provide for discontinuation of water service from the system
pursuant to the provisions of section 58-83 of this division. The program shall
be administered by the water utility. The provisions of the program, and all
amendments thereto, shall be approved by resolution of Georgetown Charter
Township Board. The program shall meet with the approval of the Michigan
Department of Environmental Quality Drinking Water and Radiologic Protection
Division. Any violation of the program shall be deemed a violation of this
division.
(Ord. No. 2002-07, § 9, 7-22-02)
Sec. 58-80.
Inspection.
The program shall include procedures and arrangements for
the water utility, or its authorized inspection agent, to complete cross
connection inspections and re-inspections. The frequency of the inspections or
re-inspections shall be provided for in the program and shall be based on the
potential health hazard which exists.
(Ord. No. 2002-07, § 10, 7-22-02)
Sec. 58-81. Entry,
information, and presumption.
The water utility, or its authorized inspection agent, shall
have the right to enter at any reasonable time any premises served with a
public water supply by a connection to the system for the purpose of cross
connection inspections and reinspections. On request, the owner, lessee, or
occupant of any property so served shall furnish to the water utility or its
authorized inspection agent any pertinent information regarding the water
piping system or systems on the property. The refusal of such information or
the refusal of access, when requested, shall be deemed to be evidence of the
presence of a cross section.
(Ord. No. 2002-07, § 11, 7-22-02)
Sec. 58-82.
Protective devices.
A user of the system shall, as is provided in the program,
provide an appropriate means to protect against the hazards of each and every
cross section on the user's premises.
(Ord. No. 2002-07, § 12, 7-22-02)
Sec. 58-83.
Termination of water service.
The water utility is hereby authorized and directed to
terminate water service from the system, after following those procedures
provided for in the program, to any premises which is in violation of this
division or the program. The water utility is also authorized to take such
other precautionary measures as the water utility deems necessary to eliminate
any danger of contamination of the system. If the water utility determines that
there is an actual threat to the public health, through poisoning or through
the spread of disease by sewage, industrial fluids or waste, the water service
may be terminated immediately as is provided in the program.
(Ord. No. 2002-07, § 13, 7-22-02)
Sec. 58-84. Owner
responsibilities.
The owner(s) and occupant(s) of any premises connection the
system, at their sole expense, shall have all of the following duties and
responsibilities:
(1) To eliminate
all cross sections on the premises;
(2) To install,
maintain, test, or have tested, all backflow prevention devices on the
premises.
(3) To correct
any malfunction of a backflow prevention device revealed by testing.
(4) To inform
the water utility in writing of any proposed or modified cross connection and
also of any existing cross connection which has been previously disclosed to
the water utility in writing.
(5) To refrain
from installing a bypass around any backflow prevention device unless there is
a suitable backflow prevention device on the bypass. If it is not possible to
shut down operations in order to test a backflow prevention device, additional
devices shall be provided as necessary to allow testing the backflow prevention
device.
(Ord. No. 2002-07, § 14, 7-22-02)
Sec. 58-85. Backflow
prevention device.
All backflow prevention devices shall be approved and
installed as is provided in the program. All backflow prevention devices shall
be tested as is provided in the program.
(Ord. No. 2002-07, § 15, 7-22-02)
Sec. 58-85.1. Program
fees.
The Georgetown Charter Township Board may by resolution
establish fees to be charged to customers of the system that are reasonably
related to the cost of the services provided to the customer in connection with
the administration and enforcement of this division and the program for the
elimination and prevention of cross connections.
(Ord. No. 2002-07, § 16, 7-22-02)
Sec. 58-85.2.
Penalties.
Civil infraction.
Any person who violates, disobeys, omits, neglects, or
refuses to comply with, or resists the enforcement of this division, shall be
responsible for a municipal civil infraction, and shall be punished by a fine
as set forth in the Schedule of Civil Fines (Appendix C), and court costs.
Equitable relief may also be awarded as permitted by Michigan law. Each act of
violation and every day upon which any such violation shall occur shall
constitute a new and separate offense.
The water utility and the members of any police agency
providing police services in the Georgetown Charter Township are hereby
designated as authorized officials to issue municipal civil infraction
citations (directing alleged violators to appear in court) or municipal civil
infraction violation notices (directing alleged violators to appear at the
Georgetown Charter Township Violations Bureau) as provided in Ordinance No.
2000-03 Municipal Civil Infraction Ordinance adopted by the Georgetown Charter
Township.
(Ord. No. 2002-07, § 17, 7-22-02)
Sec. 58-85.3.
Administrative liability.
No water utility officer, agent, or employee, or any
officer, agent, or employee of the Georgetown Charter Township, shall render
himself or herself personally liable for any damage that may accrue to any act,
decision or other consequence or occurrence arising out of the discharge of his
or her duties and responsibilities pursuant to this division or the program or
both.
(Ord. No. 2002-07, § 18, 7-22-02)
ARTICLE III. SEWER
SERVICE
DIVISION 1. GENERALLY
Sec. 58-86.
Definitions.
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:
Act means the Federal Water Pollution Control Act and the
Clean Water Act which are used interchangeably in this ordinance and refer to
Public Law 92-500, as adopted in 1972 and amended by Public Law 95-217 in 1977,
and any succeeding amendments.
Allendale Area System means all sanitary sewer facilities
within Sections 31 and 32, Township 7 North, Range 13 West of the township,
which are interconnected with the sewage system operated in Allendale Township,
Ottawa County, Michigan.
Alternative discharge limit means any limits set by the
township in lieu of the promulgated national categorical pretreatment
standards, for integrated facilities in accordance with the combined
waste-stream formula, as set by the EPA.
Authorized representative of industrial user means:
(1) A principal
executive officer of at least the level of vice-president, if the industrial
user is a corporation;
(2) A general
partner or proprietor, if the industrial user is a partnership or
proprietorship, respectively; or
(3) A duly
authorized representative of the individual designated above, if such
representative is responsible for the overall operation of the facilities from
which the indirect discharge originates.
Average depth means the average depth of a sanitary sewer
pipe of the entire construction or installation project or SAD area.
Biochemical oxygen demand (BOD) means the quality of oxygen
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure in five days at 20 degrees Celsius, expressed in
milligrams per liter.
Building means any building or structure or part or portion
of a building or structure owned by any person, or specifically divided in such
a manner that individual ownership is established for each unit for real estate
tax assessment purposes, whether or not it has joint use of one or more
sanitary sewer connections.
Building drain means that part of the lowest horizontal
piping of a drainage system which receives the sewage discharge inside the
walls of a building and conveys it to the building sewer. It shall end five
feet outside the inner face of the building wall.
Building sewer means the extension from the building drain
to the public sewer, septic tank, or cesspool.
Cesspool means 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.
Chemical oxygen demand (COD) means the measure of the
oxygen-consuming capacity of inorganic and organic matter present in water or
wastewater, expressed as the amount of oxygen consumed from a chemical oxidant
in a specified test. It does not differentiate between stable and unstable
organic matter and thus does not necessarily correlate with biochemical oxygen
demand. It is also known as OC and DOC, oxygen consumed and dichromate oxygen
consumed, respectively.
Chlorine demand means the difference between the amount of
chlorine added to water or wastewater and the amount of residual chlorine
remaining at the end of a specified contact period. The demand for any given
water varies with the amount of chlorine applied, time of contact and
temperature.
Combined sewer means a sewer receiving both surface runoff
and sewage.
Combined waste stream means the waste stream at industrial
facilities where regulated process effluent is mixed with other wastewaters,
either regulated or unregulated, prior to treatment.
Compatible pollutant means a substance amenable to treatment
in the wastewater treatment plant, such as biochemical oxygen demand, suspended
solids, pH and fecal coliform bacteria, plus additional pollutants identified
in the sewage works' NPDES permit, if the publicly owned treatment works was
designed to treat such pollutants and, in fact, does remove such pollutants to
a substantial degree. Examples of such additional pollutants may include:
chemical oxygen demand, total organic carbon, phosphorus compounds, nitrogen
compounds, fats, oils and greases of animal or vegetable origin.
Composite sample means a series of representative samples
taken over a specific time period and combined into one sample.
Cooling water means the water discharge from any use such as
air conditioning, cooling or refrigeration, or to which the only pollutant
added is heat.
Cost of construction means labor, overhead and machine cost
of pipe and wyes, manholes, dewatering, unsuitable material removal and
replacement, boring and jacking, connecting to existing system and creek
crossing, soil erosion and sedimentation control measures, engineering costs
and contingencies. It shall be the average cost of construction or installation
per linear foot of the entire construction project or SAD area.
Debt retirement charge means the charge levied to all users
for retirement or bonded indebtedness for the system.
Deep sewer means the sewer main installed at a depth which
is sufficient so that all potential customers may provide basement or lower
level service by gravity.
Developer-owner means an owner who is responsible for the
construction or payment for construction of a sanitary sewer.
Director means the director of public works of the township,
or his authorized representative.
Dry sanitary sewer system means a sanitary sewer system
constructed by a developer or other person at such time as a plat or area in
the township is developed with other improvements so as to be available for
immediate interconnection with the public sanitary sewer system when such
public sanitary sewer system becomes available.
Environmental Protection Agency (EPA) means the U.S.
Environmental Protection Agency, its administrator or other duly authorized
official.
Garbage means solid wastes from the preparation, cooking and
disposing of food, and from the handling, storage and sale of produce.
Grab sample means a sample which is taken from a waste
stream on a one-time basis with no regard to the flow in the waste stream and
without consideration of time.
Grease trap means a tank of suitable size and material
located in a building drain or building sewer and so designed to remove grease
and oily wastes from the sewage.
Grinder pump means an electrical pump installed on a
sanitary sewer service line which cuts and chops sanitary sewage and provides a
pumping operation so as to allow a pressure sewer service line from the
customer to the sanitary sewer main.
Incompatible pollutants means any pollutants which are not
compatible pollutants.
Industrial wastes means the wastewater discharge from
industrial, manufacturing, trade or business processes, or wastewater discharge
from any structure with these characteristics, as distinct from their
employee's domestic wastes or wastes for sanitary conveniences.
Inspector means any person authorized by the director to
inspect, observe, measure, sample, test and approve sewage works.
Integrated facilities means industrial facilities which
combine process waste streams prior to treatment.
Interference means the inhibition or disruption of the
sewage works' processes or operations which contribute to a violation of the
sewage works' NPDES permit or reduce the efficiency of the sewage works. The
term also includes prevention of sewage sludge use or disposal by the sewage
works.
Laboratory determination means the measurements, tests and
analyses of the characteristics of waters and wastes in accordance with the methods
contained in the latest edition at the time of any such measurement, test, or
analysis of the work entitled, "Standard Methods for Examination of Water
and Waste Water," a joint publication of the American Public Health
Association, the American Waterworks Association and the Water Pollution
Control Federation in accordance with any other method prescribed by the rules
and regulations promulgated pursuant to this article.
Lateral means that part of the building sewer as constructed
at the time of the construction of the sewer, extending from the sewer to the
property line or within the property line for a distance of ten feet; or, if
not originally constructed, that part of the building sewer running from the
property line to the sewer.
Manager means the director of utilities of the county public
utilities system, or his authorized representative.
National categorical pretreatment standards means any
federal regulation containing pollutant discharge limits promulgated by the EPA
which applies to a specific category of industrial users.
National Pollution Discharge Elimination System (NPDES)
permit means a permit issued pursuant to section 402 of the Act (33 USC 1342).
National prohibitive discharge standard or prohibitive
discharge standard means any regulation developed under authority of section
307(b) of the Act and 40 CFR 403.5.
Natural outlet means any outlet onto a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
New source means any source, the construction of which is commenced
after the adoption of the ordinance from which this article is derived.
Nonconnecting building sewer means the building sewer
connected to the public sewer, but not connected to the building drain, which
shall end inside the inner face of the building wall with all openings properly
capped or plugged.
Nuisance means, but is not limited to, any condition where
sewage or the effluent from any sewage disposal facility or toilet device 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; 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.
O.C.P.U.S. means the Ottawa County Public Utilities System.
O, M & R charge means the charge levied to all users for
operation, maintenance and replacement costs associated with the system.
Operation and maintenance (O & M) means all work,
materials, equipment, utilities, administration and other effort required to
operate and maintain the sewage works.
Operation and maintenance costs means all costs, direct and
indirect, necessary to provide adequate wastewater collection and treatment on
a continuing basis, to conform with all federal, state and local wastewater
management requirements, and to ensure optimum longterm management of the
system. Operation and maintenance costs shall include replacement costs.
Order of determination means a written order of the township
establishing the allowable wastewater discharge characteristics or requirements
for any given user.
Owner means any person who has an interest in a parcel of
property, including fee title holder, land contract purchaser, option holder,
any person who has an interest in a partnership which owns property or who has
a beneficial interest therein, any person who is a stockholder of a corporation
which owns real estate or has a beneficial interest therein.
pH means the logarithm of the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
Pollutant means any of the various chemicals, substances,
and refuse materials such as solid waste, sewage, garbage, sewage sludge,
chemical wastes, biological materials, radioactive materials, heat, and
industrial, municipal and agricultural wastes which impair the purity of the
water and soil.
Premises means the land included within the boundaries of a
single description as set forth from time to time on the general tax rolls of
the township, as a single taxable item in the name of the taxpayers at one
address, but in the case of platted lots shall be limited to a single platted
lot unless any existing buildings or structure is so located on more than one
lot as to make the same a single description for purposes of assessment or
convenience, now or hereafter.
Pretreatment or treatment means the reduction of the amount
of pollutants, the alteration of the nature of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such pollutants into the
sewage works. The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes by other means, except as
prohibited by 40 CFR 403.6(d).
Pretreatment facilities means devices or structures for use
in providing pretreatment for individual waste prior to entry in the sewage
works.
Pretreatment requirements means any substantive or
procedural requirement for treating of a waste prior to inclusion in the sewage
works.
Pretreatment standards means national categorical
pretreatment standard, alternative discharge limits, or other federal, state,
county or local standards, whichever are applicable. Pretreatment standards
shall be promulgated by resolution of the township board.
Private sewage works means any sewage works or part of the
sewage works not connected to a public sewer and shall include, but not be
limited to, septic tanks, cesspools and seepage pits.
Properly shredded garbage means 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 flow conditions normally
prevailing in the public sewers, with no particle greater than one-half inch in
dimension.
Public sewer means a sewer which is owned and controlled by
public authority.
Replacement means the replacement, in whole or in part, of
any equipment in the wastewater transportation or treatment systems to ensure
continuous treatment of wastewater in accordance with the waterworks' NPDES
permit and other federal, state, county and local regulations.
Replacement costs means expenditures made during the service
life of the system to replace equipment and appurtenances necessary to maintain
the intended performance of the system.
Residential equivalent unit shall be related to the quantity
of sanitary sewage ordinarily arising from the occupancy of a residence
building by a single family of ordinary size and the benefit derived therefrom,
and shall be defined or determined from time to time by the township.
Revenues and net revenues means as defined in section 3, Act
No. 94 of the Public Acts of Michigan of 1933 (MCL 141.101 et seq.), as
amended.
Rush Creek Area System means all sewer facilities within the
township, except in sections 31 and 32, Township 7 North, Range 13 West.
SAD means a special assessment district determined by the
township for the installation of sanitary sewers which are to be constructed by
the township, the cost of which is assessed to the individual lot or parcel
owners.
Sanitary sewer means a sewer which carries sewage and to
which stormwater, surface water and groundwater are not admitted.
Seepage pit or dry well means 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 into the surrounding soil.
Septic tank means a watertight 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.
Service line means that part of the building sewer running
from the lateral to the building drain.
Sewage or wastewater means the liquid and water-carried
industrial or domestic wastes from dwellings, commercial buildings, industrial
facilities and institutions, together with any groundwater, surface water, and
stormwater that may be present, whether treated or untreated.
Sewage disposal facilities means a privy, cesspool, seepage
pit, septic tank, subsurface disposal system, or other devices used in the
disposal of sewage.
Sewage works means all municipal facilities for the
collection, pumping, treating and disposal of sewage.
Sewer means a pipe or conduit for carrying sewage.
Shall is mandatory; may is permissive.
Shallow sewer means a sewer main installed at a lesser
depth, which depth is sufficient to serve customers only on the condition that
grinder pumps are installed on certain service lines between the customer and
the main, or installed to serve by gravity from the main floor to the sewer
main.
Significant violation means any of the following:
(1) A violation
which remains uncorrected 45 days after notification of noncompliance;
(2) A violation
which is a part of a pattern of noncompliance over a 12-month period;
(3) A violation
which involves a failure to accurately report noncompliance; or
(4) A violation
which results in the exercise of the sewage works' emergency authority under 40
CFR 403.8(f)(2)(vi)(B).
Slug means any discharge of water, sewage or industrial waste
which in concentration of any given constituent or, in quantity of flow,
exceeds for any period or duration longer than 15 minutes more than five times
the average 24-hour concentration or flows during normal operation.
Split sample means an equal division of a representative
wastewater sample between two parties for the purpose of separate and
independent laboratory analyses by the two parties.
Standard industrial classification (SIC) means a
classification pursuant to the Standard Industrial Classification Manual issued
by the Executive Office of the President, Office of Management and Budget,
1972.
Storm sewer or storm drain means a sewer which carries
stormwater and surface water and drainage, but excludes sewage and polluted
industrial wastes.
Stormwater means any flow occurring during or following any
form of natural precipitation and resulting therefrom.
Subsurface disposal field means 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.
Surcharge means an extra charge to cover the cost of
treating extra strength sewage.
Suspended solids means 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.
System means all facilities within the township, and all
subsequent additions, including all sewers, pumps, lift stations, 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 which may be hereafter
acquired. The system shall be composed of two subsystems hereinafter identified
as the Allendale Area System and the Rush Creek Area System.
Toilet device means a privy, outhouse, septic tank or septic
toilet, chemical closet, or other device used for the disposal of human waste
matter.
Township average cost means an amount determined by the
township, from time to time, which approximates the average cost per linear
foot of installation of an eight-inch main at a depth of 12 feet.
Township average depth means 12 feet.
Township average pipe size means eight inches.
Toxic pollutant means any pollutant or combination of
pollutants which is or can potentially be harmful to public health or
environment, including those listed as toxic in regulations promulgated by the
administrator of the EPA under the provisions of section 307(a) of the Act.
Treatment plant or treatment facilities means any
arrangement of devices and structures used for treating sewage.
Trunkage connection fee means the amount charged at the
time, and in the amount provided in this article to each premises in the
township which must connect to the system. The charge is based upon the
proportionate cost allocable to such premises associated with providing
sanitary sewers and sewage treatment.
Upset means an exceptional incident in which there is
unintentional and temporary noncompliance with categorical pretreatment
standards because of factors beyond the reasonable control of the industrial
user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper
operation.
Upstream properties means parcels of property which,
according to the township engineers and township plans, will provide future
sanitary sewage flow into the proposed installation.
User means any person who contributes, causes or permits the
contribution of wastewater into the sewage works.
User class means the kind of user connected to sanitary
sewers including, but not limited to, commercial, governmental, industrial,
institutional and residential.
Commercial user means an establishment involved in a
commercial enterprise, business or service which, based on a determination by
the township manager, discharges primarily segregated domestic wastes or wastes
from sanitary conveniences and which is not a residential user or an industrial
user.
Governmental user means any federal, state, county or local
government user of the sewage works.
Industrial user means any user who discharges industrial
waste.
Institutional user means any establishment involved in a
social, charitable, religious, or educational function which, based on a
determination by the township manager, discharges primarily segregated domestic
wastes or wastes from sanitary conveniences.
Residential user means a user of the sewage works whose
premises or buildings are used primarily as a domicile for one or more persons.
Watercourse means a channel, natural or artificial, in which
a flow of water occurs, either continuously or intermittently.
Waters of the state means all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation
systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the state or any portion of the
state.
(Ord. No. 150, art. I, §§ 101--202, 9-11-89)
Cross references: Definitions generally, § 1-2.
Sec. 58-87.
Abbreviations.
The abbreviations, as listed in this section, shall have the
following designated meanings:
BOD means biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
EPA means Environmental Protection Agency.
l means liter.
MDNR means Michigan Department of Natural Resources.
mg means milligrams.
mg/l means milligrams per liter.
NPDES means National Pollutant Discharge Elimination System.
O & M means operation and maintenance.
SIC means standard industrial classification.
SS means suspended solids.
USC means United States Code.
(Ord. No. 150, art. I, § 203, 9-11-89)
Sec. 58-88.
Establishment and continuance of sewer department.
The township does hereby establish and continue a sewage
department to operate and control the sewage disposal system in the township,
which shall be under the jurisdiction and control of the township board. The
construction, alteration, repair and management of the system shall be under
the supervision and control of the township board. The township board may
employ such persons in such capacities as it deems advisable to carry on the
efficient management and operation of the sewage disposal system.
(Ord. No. 150, art. II, § 201, 9-11-89)
Secs. 58-89--58-100.
Reserved.
DIVISION 2.
ADMINISTRATION AND ENFORCEMENT*
__________
*Cross references: Administration, ch. 2.
__________
Sec. 58-101.
Enforcement officer.
It shall be the duty of the director to enforce the
provisions of this article.
(Ord. No. 150, art. XIX, § 1901, 9-11-89)
Sec. 58-102.
Suspension of service; reasons.
The township may suspend water and/or wastewater treatment
service when such suspension is necessary, in the opinion of the township, in
order to stop an actual or threatened discharge which presents or may present
an imminent or substantial endangerment to the health or welfare of individuals
or the environment, causes interference to the sewage works or causes a
violation of any condition of the sewage works NPDES permit.
(Ord. No. 150, art. XIX, § 1902, 9-11-89)
Sec. 58-103. Stopping
contribution upon notification; conditions for resumption of service.
Any person notified of a suspension of the wastewater
treatment service shall immediately stop or eliminate the contribution. In the
event of a failure of the person to comply voluntarily with the suspension
order, the township shall take such steps as deemed necessary, including
immediate suspension of water service and/or the severance of the sewer
connection, to prevent or minimize damage to the sewage works or endangerment
to any individuals or the environment. The director shall reinstate the
wastewater treatment service upon proof of the elimination of the noncomplying
discharge. A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence shall be submitted to the director within 15 days of the date of
occurrence.
(Ord. No. 150, art. XIX, § 1903, 9-11-89)
Sec. 58-104. Failure
of user to remain within limits; discontinuance or denial of service.
Where it is not possible for a user or prospective user to
bring its wastes within the limits prescribed by this article and any orders of
determination made under this article, the township may discontinue or deny
service to such user or prospective user.
(Ord. No. 150, art. XIX, § 1904, 9-11-89)
Sec. 58-105. Service
of notice of violation; user plan for correction required.
Whenever the director finds that any user has violated or is
violating this article, or any prohibition, limitation of requirements
contained in this article, the director may serve upon such user a written
notice stating the nature of the violation. Within 30 days of the date of the
notice, a plan for the satisfactory correction thereof shall be submitted to
the director by the user.
(Ord. No. 150, art. XIX, § 105, 9-11-89)
Sec. 58-106. Actions
for legal or equitable relief.
Following the entry of an order by the director with respect
to the conduct of a discharger contrary to the provisions of this article, the
township attorney may, following authorization of such action by the township,
commence an action for appropriate legal or equitable relief in the appropriate
court of law.
(Ord. No. 150, art. XIX, § 1906, 9-11-89)
Sec. 58-107. User to
inform director upon upset.
Any industrial user which experiences an upset shall inform
the director thereof of first awareness of the commencement of the upset.
(Ord. No. 150, art. XIX, § 1907, 9-11-89)
Sec. 58-108.
Affirmative defense to enforcement action.
A documented and verified bona fide operating upset shall be
an affirmative defense to any enforcement action brought by the township against
a discharger for any noncompliance with this article or any permit issued
pursuant to this article, which arises out of violations alleged to have
occurred during the period of the upset, if the requirements of section 58-109
are met.
(Ord. No. 150, art. XIX, § 1908, 9-11-89)
Sec. 58-109. Relevant
evidence to be demonstrated by user.
An industrial user who wishes to establish the affirmative
defense of upset shall demonstrate through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1) An upset
occurred and the industrial user can identify the specific causes of the upset.
(2) The facility
was at the time being operated in a prudent and workmanlike manner and in
compliance with applicable operation and maintenance procedures.
(3) The
industrial user has submitted the following information to the director within
24 hours of becoming aware of the upset. If this information is provided
orally, a written submission must be provided within five days.
a. A
description of the discharge and cause of noncompliance;
b. The period
of noncompliance, including the exact dates and times, or, if not corrected,
the anticipated time the noncompliance is expected to continue; and
c. Steps being
taken and/or planned to reduce, eliminate and prevent recurrence of the
noncompliance.
(Ord. No. 150, art. XIX, § 1909, 9-11-89)
Sec. 58-110. User to
have burden of proof.
In any enforcement proceeding, the industrial user seeking
to establish the occurrence of an upset shall have the burden of proof.
(Ord. No. 150, art. XIX, § 1910, 9-11-89)
Sec. 58-111. Penalty
for violation of article.
(a) Any person
who shall violate any provision of this article shall be served by the township
with a written notice stating the nature of the violation and providing a
maximum of ten days for the satisfactory correction of such violation;
provided, however, that in cases of serious danger to public health or
potential damage to the sewage works, a forthwith notice to cease the violation
may be served, which notice shall have immediate effect.
(b) Any person
who violates this article shall be responsible for a municipal civil infraction
and shall be punished by a fine as set forth in the Schedule of Civil Fines
[Appendix C] and court costs. Equitable relief may also be awarded as permitted
by Michigan law. Each day in which any violation shall continue shall be deemed
a separate offense.
(Ord. No. 150, art. XX, §§ 2001, 2002, 9-11-89; Ord. No.
2000-03, 8-28-2000)
Sec. 58-112.
Protection from damage.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance or
equipment which is part of any sewage works in the township. Any person found
violating this section shall be subject to immediate arrest and charged with
disorderly conduct, as described in this division.
(Ord. No. 150, art. XXIII, § 2301, 9-11-89)
Sec. 58-113. Power
and authority of inspectors.
Duly authorized employees of the O.C.P.U.S. and township
bearing proper credentials and identification shall be permitted at all
reasonable hours to enter upon properties for the purpose of inspection,
observation, measurement, sampling and testing, in accordance with the
provisions of this article and the Act.
(Ord. No. 150, art. XXIV, § 2401, 9-11-89)
Sec. 58-114.
Restriction imposed by other township ordinances and/or state statutes.
If any provision of any other ordinance of the township
and/or the statutes of the state imposes greater restrictions than set forth in
this article, then the provisions of such ordinances and/or state statutes
shall control.
(Ord. No. 150, art. XXV, § 2501, 9-11-89)
Sec. 58-115.
Abatement of nuisances.
Nothing stated in this article may be construed to limit the
power of the township board 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 township board, may be a menace to the public health.
(Ord. No. 150, art. XXVI, § 2601, 9-11-89)
Sec. 58-116.
Authority of the O.C.P.U.S.
Nothing as set forth in this article shall supercede or
revoke any power or grant of authority held by the county, acting by and
through its board of county road commissioners, also referred to as the Ottawa
County Public Utility System (O.C.P.U.S.), under previous contracts and
agreements between the township and the county which grant the county certain
rights, duties and obligations relative to the use and administration of the
township sewage disposal system, pretreatment agreements, maintenance and
operation agreements and bond contracts. If the township shall refuse, neglect,
or for any reason be unable to carry out the provisions of this article, the
county, acting by and through its board of county road commissioners, shall, by
provisions of such contracts and agreements, be obligated to enforce any and
all provisions of this article.
(Ord. No. 150, art. XXVII, § 2701, 9-11-89)
Secs. 58-117--58-125.
Reserved.
DIVISION 3. OPERATION
AND MAINTENANCE
Sec. 58-126. Allendale
Area System.
The operation, maintenance, alteration, repair and
management of the Allendale Area System shall be under the supervision and
control of the O.C.P.U.S., or Allendale Township, and they may employ such
persons in such capacities and may make such rules, orders and regulations as
they deem advisable and necessary to carry out the efficient management and
operation of the Allendale Area System, including the authority to establish
rates and charges for services.
(Ord. No. 150, art. V, § 501, 9-11-89)
Sec. 58-127. Rush
Creek System.
The operation, maintenance, alteration and repair of the
Rush Creek System serving the township and within the township corporate limits
shall be under the supervision and control of the township. The township may
employ such persons in such capacities and make such rules, orders and
regulations as it deems advisable to carry out the efficient management and
operation of the system.
(Ord. No. 150, art. V, § 502, 9-11-89)
Sec. 58-128.
Establishment of funds for sewage disposal system.
The township does hereby continue and establish the
following funds, and all revenues collected under this article, or any other
township ordinance, resolution or amendment, which funds are collected for the
benefit of the sewage disposal system, and which funds are not directed to
other funds established for the payment of specific bond issues, as established
by separate bond ordinances, shall be deposited in the "sewer and water
enterprise fund" upon receipt thereof.
(Ord. No. 150, art. XVI, § 1601, 9-11-89; Ord. of 7-24-95)
Sec. 58-129.
Additional revenue, if needed, to pay bond and contract expenses.
If there are insufficient revenues derived from the
collection of all charges as provided by this article, or such other ordinances
provided by the township for the benefit of the sewage disposal system to pay
the annual contract installments in connection with the Rush Creek Sewer
Disposal Contract to the county, the township shall obtain additional revenue
by one or more of the following methods, and deposit such additional revenue to
the receiving fund.
(1) Levy a tax
on taxable property in the township.
(2) Levy special
assessments on property benefited by the sewage disposal system.
(3) Levy and
collect additional charges to users and beneficiaries of the services
furnished.
(4) Transfer the
funds received or to be derived from the imposition of taxes by the state,
except as the use of such money for such purpose is expressly prohibited by the
state constitution.
(5) Transfer of
monies from any other funds which may be validly used for such purposes.
(Ord. No. 150, art. XVII, § 1701, 9-11-89)
Sec. 58-130.
Operating year.
The sewer disposal system department shall operate on the
basis of the operating year commencing January 1 and ending December 31 the next
following.
(Ord. No. 150, art. XVIII, § 1801, 9-11-89)
Secs. 58-131--58-140.
Reserved.
DIVISION 4. PUBLIC
SEWER USE
Subdivision I. In
General
Sec. 58-141. Deposit
of wastes prohibited; exception.
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 township, or in any area under the jurisdiction of the township, any
human or animal waste matter, garbage, industrial waste, or other objectionable
waste, except as fertilizer for farming or gardening purposes when distributed
in a reasonable standard and unobjectionable manner.
(Ord. No. 150, art. III, § 301, 9-11-89)
Sec. 58-142.
Discharge of sewage to natural outlets or watercourses.
It shall be unlawful to discharge to any natural outlet or
watercourse within the township, sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions
of this article.
(Ord. No. 150, art. III, § 302, 9-11-89)
Sec. 58-143.
Construction of private disposal facilities where public sewer exists.
It shall be unlawful to construct, replace, repair, extend
or expand any privy, privy vault, septic tank, cesspool, drainfield, dry well,
or other facility intended or used for the disposal of sewage for any house,
building or property used for human occupancy, employment or recreation, or
other purpose within the township on any lot or parcel abutting upon any
street, alley or right-of-way in which there is a public sanitary sewer
adjacent to the property line; however, this shall not prevent the pumping out
or cleaning of septic tanks.
(Ord. No. 150, art. III, § 303, 9-11-89)
Sec. 58-144.
Installation of toilet facilities; connection to public sewer.
The owners of all homes, buildings or other properties
hereafter constructed within the township, used for human occupancy,
employment, recreation or other purpose, and abutting upon any street, alley,
or right-of-way in which there is a public sanitary sewer adjacent to the
property line, shall install suitable toilet facilities therein, and connect
such facilities directly to such public sanitary sewer in accordance with the
provisions of this article.
(Ord. No. 150, art. III, § 304, 9-11-89)
Sec. 58-145. Time
limit to connect with public sewer.
If the private sewage disposal system of any house, building
or other property used for human occupancy, employment, recreation or other
purpose which does not comply with the other regulations of the township, and
the regulations of all government agencies having jurisdiction, and such
property abuts upon any street, alley or right-of-way in which there is a
public sanitary sewer, such owner shall be required, within 90 days after
written notice from the township, to install suitable toilet facilities
therein, and to connect such facilities directly to such public sanitary sewer
in accordance with the provisions of this article.
(Ord. No. 150, art. III, § 305, 9-11-89)
Sec. 58-146. Notice
of availability; publication; enforcement; remedies.
Any structure in which sewage originates within the township
shall be connected to any available public sanitary sewer within 18 months
after publication by the township of a legal notice of availability of a public
sanitary sewer in a newspaper of general circulation in the township. For
purposes of this section a public sanitary sewer shall be considered to be
available when it is located in a right-of-way, easement, highway, street or
public way which crosses, adjoins or abuts upon the property in question and
passes not more than 200 feet at the nearest point from the structure in which
the sewage originates. For purposes of this section, the phrase "structure
in which sewage originates" shall mean a building in which toilet,
kitchen, laundry, bathing or other facilities that generate wastewater are used
or are available for use for household, commercial, industrial or other
purposes. If the structure in which sewage originates has not been connected to
an available public sanitary sewer within the 18-month period, then the
township shall require the connection to be made in accordance with MCL
333.12754, as amended, or any similar successor statutory provision. In so
proceeding, the township shall have the rights and remedies provided in MCL
333.12754, as well as all rights and remedies provided by this article.
(Ord. No. 150, art. III, § 306, 9-11-89)
Secs. 58-147--58-155.
Reserved.
Subdivision II.
Administration and Enforcement*
__________
*Cross references: Administration, ch. 2.
__________
Sec. 58-156.
Administration.
(a) Discharges
prohibited; exceptions. It shall be unlawful to discharge to the waters of the
state within the township or to the sewage works any wastewater, except as
authorized by the township in accordance with the provisions of this division,
or except as provided by an NPDES permit.
(b) Grease, oil
and sand interceptors. Grease, oil and sand interceptors shall be provided
when, in the opinion of the director, 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. All interceptors shall be of a type and capacity approved by the
director, and shall be located as to be readily and easily accessible for cleaning
and inspection. 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.
Where installed, all grease, oil and sand interceptors shall be maintained by
the owner, at his expense, in continuously efficient operation at all times.
(1) 25% Rule.
The combined depth of oil and grease and other solids (floating and settled) in
any chamber of a trap shall not be equal to or greater than 25 percent of the
total operating depth of the trap. The operating depth of a trap is determined
by measuring the internal depth from the water outlet invert elevation to the
inside bottom of the trap.
(2) Grease
traps.
a. All
establishments where food is manufactured, sold or prepared, except for small
areas designated as employee break areas or the equivalent, discharging
wastewater containing fats, oils, and grease (FOG) to the Township of
Georgetown sewage works and/or the POTW shall install, operate and maintain a
sufficiently-sized oil and grease, water and solids separator (hereinafter
called grease trap) necessary to achieve and maintain compliance with the
limits set forth in section 58-173.
b. Unless
otherwise authorized by the department of public works (DPW) director, all
grease traps shall be of the outdoor, inline variety. With special
authorization by the director, grease traps of the indoor, under-counter,
stand-alone variety may be allowed. In this case, maintenance of indoor grease
traps shall be performed at frequencies necessary to protect the capacity of
the sewer system against accumulation of grease and oils, as required by the
"25% Rule" as defined herein. Under no condition shall an indoor
grease trap be cleaned at intervals less than once every 14 days unless
approved in writing by the DPW director.
c. Grease traps
shall be provided when they are necessary for the proper handling of liquid
wastes containing grease in amounts that may potentially violate the Georgetown
Township Code of Ordinances or any flammable wastes, sand or other substances
that are deemed harmful to the collection system and/or the wastewater
treatment plant. Such traps shall not be required for dwelling units. All
interceptors shall be of a type and capacity approved by the DPW director and
shall be located so as to be readily accessible for cleaning and inspection.
d. Grease traps
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.
e. Where
installed, all grease traps shall be cleaned and maintained by the owner and
shall be operated continuously in an efficient manner whenever the facility is
in operation. The township shall have the right to inspect all traps and the
maintenance and disposal records related to the operation of grease traps.
f. The user shall be responsible for the proper removal and legal disposal of the grease trap waste. All waste removed from each grease trap must be disposed of at a facility permitted to receive such waste. No grease trap pumpage may be di