Sewer

 

ORDINANCE NO. 173 – SEWER ORDINANCE, as amended

CITY OF STANTON
COUNTY OF MONTCALM, MICHIGAN

AN ORDINANCE TO REGULATE THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE CITY SEWER SYSTEM; TO PROVIDE FOR THE CONNECTION TO AND THE FIXING AND COLLECTION OF RATES AND CHARGES FOR THE USE OF THE SANITARY SEWER SYSTEM AND RELATED MATTERS; AND TO PROVIDE PENALTIES FOR ORDINANCE VIOLATIONS.

THE CITY OF STANTON ORDAINS:

ARTICLE I – Short Title and Objective of Ordinance

Section 101. This Ordinance shall be known as the “Sewer Use, Connection and Rate Ordinance” and may be cited as such.

Section 102. The objectives of this Ordinance are:

1. To prevent the introduction of pollutants into the Sewer System which will interfere with the normal operation of the Sewer System or contaminate the resulting municipal sludge;
2. To prevent the introduction of pollutants into the Sewer System which do not receive adequate treatment in the POTW, and which will pass through the Sewer System into receiving waters or the atmosphere or otherwise be incompatible with the Sewer System;
3. To improve the opportunity to recycle and reclaim wastewater and sludge from the Sewer System.

ARTICLE II – Definitions

Unless the context specifically indicates otherwise, the meaning of term used in this Ordinance shall be as follows:

Section 201. “Act” shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

Section 202. “Authorized Representative of Industrial” shall mean an authorized representative of an Industrial User may be:

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 of proprietorship. Respectively; or
3. A duly authorized representative of the individual designated in (a) or (b) above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

Section 203. “Biochemical Oxygen Demand” or “BOD” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) at 20 °C expressed in terms of milligrams per liter.

Section 204. “Building Drain” shall mean that part of lowest horizontal piping of a drainage system which receives the sewage discharge from drainage pipes inside the walls of a building and conveys it to the Building Sewer. It shall end five (5) feet outside the inner face of the building wall.

Section 205. “Building Sewer” shall mean the extension from the Building Drain to the Lateral or other place of disposal.

Section 206. “Categorical Standards” shall mean National Categorical Pretreatment Standard.

Section 207. “Cesspool” is an underground pit into which raw Domestic Sewage or other untreated liquid waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.

Section 208. “Chemical Oxygen Demand” or “COD” is the measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed in milligrams per liter 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. Also known as oxygen consumed (OC) and dichromate oxygen consumed (DOC), respectively.

Section 209. “Chorine Demand” shall mean the difference between the amount of chlorine applied and the amount of free chlorine available at the end of the contact time, expressed in milligrams per liter.

Section 210. “City” shall mean the City of Stanton, located in Montcalm County, Michigan, and/or its duly authorized agents, employees or representative.

Section 211. “Combined Sewer” shall mean a Sewer receiving both surface runoff and Sewage.

Section 212. “Commercial Waste” shall mean liquid or water-carried waste material from a commercial business engaged in buying, selling, exchanging goods or engaging in said goods or service.

Section 213. “Compatible Pollutant” shall mean a substance amenable to treatment in the POTW such as Biochemical Oxygen Demand, Suspended Solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES Permit if the POTW was designed to treat such pollutants, and in fact does remove such pollutant to a substantial degree. Examples of such additional pollutants may include: Chemical Oxygen Demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds, fats, oils and greases of animal or vegetable origin.

Section 214. “Composite Sample” means a series of samples taken over a specific time period whose volume is proportional to the flow in the waste stream, which are combined into one sample.

Section 215. “Connection Fee” shall mean the amount charged to premises for the cost to the City of supervising and inspecting a connection to the System, including all permit costs.

Section 216. “Cooling Water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Section 217. “County Health Department” shall mean the Montcalm County Health Department.

Section 218. “Debt Service Fee” means the amount charged to Users of the System to pay principal, interest and administrative costs of retiring the debt incurred for construction of the System.

Section 219. “Direct Discharge” means the discharge of treated or untreated or untreated Sewage directly to the Waters of the State.

Section 220. “Domestic Sewage” shall mean all Sewage received from a Toilet Device.

Section 221. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency acting through its Administrative or other duly authorized official.

Section 222. “Garbage” shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Section 223. “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.

Section 224. “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 Sewage.

Section 225. “Holding Tank Waste” means any Sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

Section 226. “Incompatible Pollutants” shall mean any pollutant which is not a Compatible Pollutant.

Section 227. “Indirect Discharge” means the discharge or the introduction of nondomestic pollutants (including Holding Tank Waste) into the POTW.

Section 228. “Industrial Sewage” shall mean the solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from Domestic Sewage.

Section 229. “Infiltration” shall mean any waters entering the Sewer System from the ground, through such mean as, but not limited to, defective pipes, pipe joints, connections or man-hole walls. Infiltration does not include and is distinguished from inflow.

Section 230. “Infiltration/Inflow” shall mean the total quantity of water from both Infiltration and Inflow.

Section 231. “Inflow” shall mean any waters entering system through such sources as, but not limited to, building downspouts, footing or yard drains, cooling water discharges, seepage lines from springs and swampy areas and storm drain cross connections.

Section 232. “Inspector” shall mean the Person responsible for inspecting connections of Building Sewers to Laterals or his duly authorized representative.

Section 233. “Interference” means the inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the NPDES Permit or reduces the efficiency of the POTW. The term also includes prevention of sewage sludge use or disposal by the POTW.

Section 234. “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, tests, or analysis of “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 or in accordance with any other method prescribed by applicable rules and regulations.

Section 235. “Lateral” shall mean the extension of the Public Sewer laterally from a local or main collector sewer to the property line of the Premises adjacent to the path of the Public Sewer; provided that for properties located in Special Assessment District No. 1, “Lateral” shall include the extension of the Public Sewer laterally from the local or main collector sewer to and including the System Septic Tank.

Section 236. “Lateral Restoration Fee” shall mean the fee charged by the City to restore City street, sidewalk and curb following construction of a Lateral.

Section 237. “May” is permissive.

Section 238. “Miscellaneous User Fee” shall mean the amount charged to Users for miscellaneous services and related administrative costs associated with the system.

Section 239. “National Categorical Pretreatment Standard or Pretreatment Standard” means any federal regulation containing to pollutant discharge limits promulgated by the EPA which applies to a specific category of Industrial Users

Section 240. . “National Categorical Discharge Elimination System or NPDES Permit” means a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).

Section 241. “National Prohibitive Discharge Standard or Prohibitive Discharge Standard” means any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

Section 242. “Natural Outlet” shall mean any outlet unto a Watercourse, pond, ditch, lake or other body of surface or ground water.

Section 243. “New Source” means any source of Sewage, the construction of which is commenced after the adoption of this ordinance.

Section 244. “Normal Domestic Sewage” or “NDS” shall mean Sewage which, when analyzed, shows a daily average concentration of not more than 200 mg/l of BOD; nor than 240 mg/l of suspended solids; nor more than 10 mg/l of phosphorus.

Section 245. “Nuisance” shall mean, but is not limited to, any condition where Sewage (or Garbage) or the effluent from any Sewage Disposal Facility is exposed to the surface of the ground or discharged into any Natural Outlet or when the odor, appearance, or presence of said Sewage (or Garbage) or effluent 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.

Section 246. “Obstruction” means any object of whatever nature which substantially impedes the flow of Sewage from the point of origination to the trunk line. This shall include, but not be limited to objects, Sewage, tree roots, rocks and debris of any type.

Section 247. “Operation and Maintenance” means all work, materials, equipment, utilities and other effort required to operate and maintain the wastewater transportation and treatment system consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with eh NPDES Permit and other applicable state and federal regulations, and includes the cost of replacement.

Section 248. “ Owner” or owners of record of the freehold of the premises or lesser estate therein, a mortgagor or vendee in possession, assignee of rents, receiver, executor, trustee, or other Person in control of a Premises.

Section 249. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or its legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

Section 250. “Ph” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Section 251. “Pollutant” means any various chemicals, substances, and refuse materials such as solid waste, sewage, sludge, chemical wastes, biological materials, radioactive materials, heat, and industrial, municipal and agricultural waste which impair the purity of the water and soil.

Section 252. “Pollution” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

Section 253. “POTW Treatment Plant” shall mean that portion of the POTW designed to provide treatment to wastewater.

Section 254. “Premises” means the lands included within the boundaries of a single description as set forth, from time to time, on the general tax rolls of the City as a single taxable item in the name of the taxpayer or taxpayers at one address but in the platted lot unless an existing building or structure is so located on more than one lot as to make the same single description for purposes of assessment or conveyance now or hereafter.

Section 255. “Pretreatment or Treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants or pollutant properties in Sewage to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction of alteration can be obtained by physical, chemical or biological processes, or process changes other means, except as prohibited by 40 CFR Section 403.6(d).

Section 256. “Pretreatment Requirements” means any substantive or procedural requirement for treating of Sewage prior to inclusion in the POTW.

Section 257. “Properly Shredded Garbage” shall mean Garbage that has been shredded to such a degree that all particles will be carried freely under the low conditions normally prevailing in Public Sewers, with no particle greater than one-half inch (1/2) in any dimension.

Section 258. “Public Sewer” shall mean a Sewer which is owned and controlled by the City.

Section 259. “Publicly Owned Treatment Works” or “POTW” means treatment works as defined by Section 212 of the Act (33 U.S.C., 1292), which is owned in this instance by the City. This definition includes any sewers that convey Sewage to the POTW treatment plant. For the purposes of this ordinance, “POTW” shall also include any sewers that convey Sewage to the POTW from Persons outside the City, users of the City’s POTW.

Section 260. “Readiness to Serve” means the amount charged to each Premises in the City to make the Sewer System available to directly serve said Premises. This charge represents the proportionate cost allocable to such Premises for connection thereto and associated costs.

Section 261. “Replacement” shall mean expenditures and costs for obtaining an installing equipment, accessories, or appurtenances which are necessary during the service life of the System to maintain the capacity and performances for which the System was designed and constructed and to insure the continuous treatment of Sewage in accordance with the NPDES Permit and other applicable state and federal regulations.

Section 262. “Sanitary Sewer” shall mean a sewer which carries Sewage and to which storm, surface and ground waters are not intentionally admitted.

Section 263. “Seepage Put” or (or “dry well”) shall mean a cistern or underground enclosure constructed or concrete blocks, bricks, or similar material loosely laid with open joints so as to allow the Septic Tank overflow or effluent to the absorbed directly into the surrounding soil.

Section 264. “Septic Tank” is a 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.

Section 265. “Sewage” shall include Domestic Sewage and Industrial Sewage and shall mean any liquid-or-water-carried water received from any User including any Infiltration or Inflow as may be present.

Section 266. “Sewage Disposal Facilities” shall mean a Toilet Device, privy, outhouse, Septic Tank, septic toilet, chemical closet, Seepage Pit, Cesspool, or other device used in the disposal of Sewage.

Section 267. “Sewage Oxidation Pond” (or “Lagoon”) is a shallow pond, carefully designed and constructed to utilize most effectively certain forces and processes of nature for the treatment of sewage and some kinds of other organic wastes.

Section 268. “Sewage Treatment Plant” shall mean the physical plant designated to receive and process the raw, untreated Sewage of the properties served by the System, including the Sewage Oxidation Pond, effluent sprayers and all appurtenant piping, man holes, chemical contact chambers, control structures, groundwater monitor wells, earthwork, valves, gates, electrical circuitry, fencing and openings.

Section 269. “Sewer” shall mean a pipe or conduit for carrying Sewage.

Section 270. “Sewer Rates and Charges” shall include the a Readiness to Serve Fee, Connection Fee, Lateral Restoration Fee, Miscellaneous User Fee and the civil penalty imposed pursuant to Section 304.

Section 271. “Sewer User Fee” means a charge imposed on Users of the System for the User’s proportionate share of the cost of Operation and Maintenance (including Replacement) pursuant to Section 204 (6) of the Act.

Section 272. “Shall” is mandatory.

Section 273. “Significant Industrial User” means any Industrial User or the System who (a) has a discharge flow of 25,000 gallons or more per average work day; or (b) has a flow greater than 5% of the flow in the System; or (c) has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act or applicable State statutes and rules; or (d) is found by the City, Michigan Department of Natural Resources, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the System’s effluent quality, or air emissions generated by the System.

Section 274. “slug Load” means any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.

Section 275. “Special Assessment District No. 1” shall mean Sanitary Sewer Special Assessment District No. 1.

Section 276. “Special Assessment Roll No. 1-1” shall mean Special Assessment Roll No. 1-1 confirmed by the City on April 6, 1989 for Special Assessment District No. 1.

Section 277. “Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office Management and Budget, 1972.

Section 278. “State” shall mean the State of Michigan.

Section 279. “Storm Sewer or “Storm Drain” shall mean a sewer which carries storm and surface waters and drainage, but excludes Sewage and polluted industrial wastes.

Section 280. “Storm Water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Section 281. “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 of effluent to the absorbed by the surrounding soil throughout the entire field.

Section 282. “Superintendent” means the person designated by the City to supervise the operation of the System, who is charged with certain duties and responsibilities by this Ordinance, or his duly authorized representative.

Section 283. “Suspended Solids” means the total suspended matter that floats on the surface of, or is suspended in water, Sewage or other liquids, and which is removable by laboratory filtering.

Section 284. “System” or “Sewer Solids” means the Sewage Treatment Plant and all Sewers and lift stations that convey Sewage to the Sewage Treatment Plant and appurtenances thereto, known generally as the Stanton City Sewer System,

Section 285. “System Septic Tanks” shall mean the Septic Tanks installed by the City in Special Assessment District No. 1.

Section 286. “Toilet Device” means any device which generates Domestic Sewage, including toilet, sinks, lavatories, bathtubs, showers and laundry facilities.

Section 287. “Toxic Pollutant” means any pollutant or combination of pollutants which is or can be potentially be harmful to public health or environment including those listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307 (a) of the Act or other applicable federal law.

Section 288. “Treasurer” shall mean the Treasurer of the City, or his or her duly authorized deputies, assistants or agents.

Section 289. “Trunk Line” means the main sewer line located under any street or within any street right-of-way which collects and transmits the Sewage of the various properties served by the Sewer System

Section 290. “Uncontaminated Industrial Waste” shall mean Industrial Sewage which has not come into contact with any substance used in or incidental to industrial processing operations and to which no chemical or other substance has been added.

Section 291. “Unit” or “Units” means a standard of measuring the relative quantity of Sewage and the benefits derived from the disposal thereof ordinarily arising from the occupancy of a single family residential dwelling unit (but such term shall not necessarily be related to actual use arising from any such dwelling unit). The number of Units assigned to a particular User or Premises shall be determined in accordance with Appendix 1 to this Ordinance, according to the type of use to which the premises are put or the size of the Premises’ water meter.

Section 292. “User” means any Person who contributes, causes or permits the contribution of Sewage into the POTW.

Section 293. “User Charge” shall mean the Sewer Use Fee.

Section 294. “User Class” means the kind of User connected to Sanitary Sewers including but not limited to residential, industrial, commercial, institutional and governmental:

“Residential User” shall mean a User whose Premises or buildings are used as a dwelling   unit. A dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, domicile, residence or sleeping place of one (1) or more persons, either permanently or temporarily, but in no case shall a motor home, trailer coach, automobile chassis, tent or portable building be considered a dwelling. In case of partial occupancy, where a building is occupied in part as a dwelling unit and the   remaining portion of the building is used for non-residential purposes, the part so occupied shall be deemed a dwelling unit for purposes of this Ordinance. For purposes of this Ordinance, transient lodging provided by motels hotels and rooming houses shall be considered a commercial use and not as a dwelling unit.

“Industrial User” shall mean any User who discharges “Industrial Sewage”

“Commercial User” shall mean a User involved in a commercial enterprise, business or service which, based on a determination by the City, discharges primarily segregated Domestic Sewage and which is not a Residential User or an Industrial User.

“Institutional User” shall mean any User involved in a social, charitable, religious, or educational function which, based on a determination by the City, discharges primarily segregated Domestic Sewage. Public Schools and Churches are Institutional Users.

“Governmental User” shall mean any Federal, State or local government user. The County Building, City Hall and Public Library are Governmental Users.

Section 295. “User Surcharge Fee” means the fee charged to any User discharging Sewage having strength in excess of limits set forth by this Ordinance to cover the costs of treatment of such excess strength Sewage (Determined by the cost of Operation and Maintenance and Replacement).

Section 296. “Watercourse” shall mean a channel, natural or artificial, in which a flow of water occurs either continuously or intermittently.

Section 297. “ Waters of the State” shall mean 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 thereof.

Section 298. “water Resources Commission” shall mean the Water Resources Commission of the State, and its successor.

Section 299. The following abbreviations shall have the designated meanings:

1. ASTM- American Society for Testing Materials
2. BOD- Biochemical Oxygen Demand
3. CFR- Code of Federal Regulations
4. COD- Chemical Oxygen Demand
5. EPA- Environmental Protection Agency
6. FOG- Fats, Oils and Grease
7. I- Liter
8. mg- Milligrams
9. mg/l- Milligrams per liter
10. NDS- Normal Domestic Sewage
11. NPDES- National Pollutant Discharge Elimination
12. P- Phosphorus
13. POTW- Public Owned Treatment Works
14. SIC- Standard Industrial Classification
15. SICM- Standard Industrial Classification Manual
16. SS- Suspended Soils
17. SWDA- Solid Waste Disposal Act, 42 U.S.C. 6901, et. Seq.
18. TKN- Total Kjeldahl Nitrogen
19. O&M- Operation and Maintenance
20. CWA- Clean Water Act

ARTICLE III – Use of Public Sewers Required

Section 301. 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 City, or in any area under jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.

Section 302. it shall be unlawful to discharge to any Natural Outlet or Watercourse within the City, or in any area under the jurisdiction of said City, any Sewage, Industrial Wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance or unless specifically permitted by the County Health Department or Water Resource Commission.

Section 303. Except as provided in this Ordinance, no person shall construct or maintain in the City any Sewage Disposal Facilities.

Section 304. The owner if all improved Premises in the City which are used for human occupancy, employment, recreation, or other purposes and which abut on any right-of-way, easement, highway, street, or public way in which there is now located or may in the future be located a Public Sewer of the City that is not more than three hundred (300) feet at the nearest point from a structure on the Premises in which Sewage originates, are hereby required at his or her expense to install suitable Toilet Devices and connect such facilities directly with the Public Sewer in accordance with the provisions of this Ordinance. For purposes of mandatory connection to the Public Sewer required by this Article III, Premises shall be deemed to include all contiguous parcels or platted lots under common ownership, regardless of description of ad valorem tax purposes. The City may require any such owners, pursuant to the authority conferred upon it by law or ordinance, to make such installations or connections.

Section 305. As a matter of public health, all connections to the Public Sewer required hereunder, shall be completed no later than sixty (60) days after the last to occur of the date of official notice by the City to make said connections or the modifications of a structure in which Sewage originates. In addition to other remedies available to the City pursuant to Section 1104 of this Ordinance, Persons who fail to complete a required connection to the Public Sewer within such sixty (60) day period upon reasonable written notice from the City shall be liable for a civil penalty equal in amount to the User Charges and Debt Service Fees that would have accrued and been payable had the connection been made as required. Notwithstanding the preceding, if the City by resolution or the County Health Department by rule requires completion of a connection within a shorter period of time for reasons of public health, such connection shall be so completed.

Section 306. Plats for Premises located in the City and subdivided into four or more lots or parcels shall not be approved by the City after the effective date of this Ordinance unless, without regard to the three hundred (300) foot requirement of Section 303, an extension to a reasonably available Public Sewer is constructed to serve all lots in the plat in compliance with the construction and capacity requirements of the City as reviewed by the City Superintendent, all at the cost of the owner of the Premises to be subdivided or platted. The System shall be deemed to be reasonably available to such Premises if the Premises can be reached by an extension of the Public Sewer from a point outside the Premises which in lineal feet is equal to the length of sewer main in lineal feet required to be installed within the Premises, taking into account all subdivision of the Premises proposed for presently and reasonably anticipated for the future. The City shall determine the exact location and method of cutting into the Public Sewer and the materials to be used. The owner(s) of the parcel shall obtain al necessary permission to work in the public right-of-way from the City and the County Road Commission and shall be responsible for payment of all costs related to construction of the Building Drain, Building Sewer, and connection of the Building Drain, Building Sewer to the Lateral including, but not limited to, actual construction costs, backfill, restoration, and replacement costs; and all applicable permit, Inspection Fees, Readiness to Serve Fees and Trunkage Connection Charges.

Section 307. No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, water from footing drains, roof runoff, sub-surface drainage, cooling water, unpolluted air conditioning water or unpolluted industrial process waters to any sanitary sewer. Not footing drains shall be connected to sanitary sewers. All footing drain water shall be discharged to storm sewers or dry wells. Any Premises connected to a Storm Sewer shall comply with applicable City, County, State and Federal requirements.

Section 308. Storm water and all other unpolluted drainage shall be discharged to sewers specifically designated as storm sewers, or to a natural outlet approved by the Superintendent, Montcalm County Drain Commissioner, the Water Resources Commission, and/or other interested governmental agencies. Unpolluted industrial cooling water, unpolluted air-conditioning water, or unpolluted process waters may be discharged to a storm sewer or natural outlet upon approval of the Montcalm County Road Commission and, where appropriate, upon approval of the Montcalm County Road Commissioner, the Water Resources agencies. Industrial cooling water containing such solids shall be pretreated for removal of the pollutants and then discharged to a Department of Natural Resources approved drainage outlet.

ARTICLE IV – Private Sewage Disposal

Section 401. Where a Public Sewer is not available so that the provisions of Article III do not apply, the Building Sewer shall be connected to private Sewage Disposal Facilities.

Section 402. Before commencement of construction of a private sewage disposal system the owner or his agent shall first obtain a written permit signed by the City Superintendent. The application for such permit shall be made on a form furnished by the City which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $_____ shall be paid to the Superintendent at the time the application is filed.

Section 403. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the Superintendent.

Section 404. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than ten thousand (10,000) square feet.

Section 405. No private septic tank, cesspool or subsurface disposal field tile shall be permitted to discharge directly or indirectly to any Public Sewer or Natural Outlet, provided that System Tanks shall be connected to the Public Sewer.

Section 406. At such time as a Public Sewer becomes available to a Premises previously served by private Sewage Disposal Facilities, a direct connection shall be made to such Public Sewer in compliance with Article III of this Ordinance, and any private Septic Tank, Seepage Pit or Cesspool shall be filled, be cleared of sludge, any kind of covers removed and be abandoned for sanitary use by filling with suitable material.

Section 407. The owner shall operate and maintain such private Sewage Disposal Facilities in a sanitary manner at all times with no expense to the City.

Section 408. The Superintendent, in order to protect the health and safety of the people of the City and of the general public, is authorized and directed to promulgate and amend, from time to time, regulations establishing minimum standards governing the design, construction, installation, and operation of individual sewage disposal facilities. Said regulations shall establish such minimum standards as, in the judgement of the Superintendent, will insure that the wastes discharged to various individual sewage disposal facilities.

1. Do no contaminate any drinking water supply.
2. Are not accessible to insects, rodents, or other possible carriers of disease which may come into contact with food and drinking water.
3. Are not a health hazard by being accessible to children.
4. Do not give rise to a nuisance due to odor or unsightly appearance.
5. Will not violate any other laws or regulations governing water pollution or sewage disposal.

Section 409. The Superintendent is authorized to promulgate such additional regulations as are necessary in his judgement to carry out the provisions of this Ordinance. No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Superintendent, the County Health Department, or by any other governmental unit or body having jurisdiction or to which the City Council has delegated such jurisdiction.

ARTICLE V – Building Sewers, Laterals and Connections

Section 501. Laterals shall be installed only by a qualified plumber or contractor (as determined by the City) at the User’s expense in a manner approved by the City and only after approval of the permit application by the City. Prior to the installations of a new Lateral or construction in the public right-of-way, a certificate of liability insurance shall be filed with the City in form acceptable to the City in the amount of $250,000 which insures the City and its authorized representatives from any loss resulting from the said installation of the Lateral shall be paid by the Owner of the Premises to be served, with the exception of the cost of restoring the sidewalk, curb and street which shall be paid by the City, subject to payment of the Lateral Restoration Fee by the Owner.

Section 502. There shall be two (2) classes of building sewer-permits: (a) for residential service and Commercial Users, and (b) for Industrial Users. In either case, the owner or his agent shall make application on a special form furnished by the City which shall be accompanied by any plans, specifications or other information considered pertinent by the Superintendent and by payment in full of the Readiness to Serve Fee, Lateral Restoration Fee and Connection Fee, any civil penalty which has accrued pursuant to Section 305, above, and such plans, specifications and other information reviewed by City staff, the City Engineer or any outside consultant, then the Owner shall reimburse the City for the actual expense incurred in said review as a Miscellaneous User Fee.

Section 503. The approval of a permit application shall be subject to (a) compliance with all terms of this Ordinance, (b) the availability of capacity in the System, (c) compliance of the plans and specifications with the standards for construction required by this ordinance, and (d) compliance with all applicable administrative and regulatory requirements. No sewer connection will be permitted unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for treatment of BOD and suspended solids.

Sections 504. All costs and expenses incident to the installation and connection of the Building Sewer shall be borne by the owner. The owner shall indemnify the City and its authorized representatives against any loss or damage that may directly or indirectly result from the installation and connection of the Building Sewer to the Public Sewer.

Section 505. A separate and independent Building Sewer shall be provided for each building except that, where one building stands at the rear of another on an interior lot and no private sewer is available nor can one be constructed to the rear building through an adjoining alley, courtyard or driveway and subject to the prior written approval of the City, the Building Sewer from the front building may be extended to the rear building and the whole considered as one Building Sewer. In areas where Laterals have not been constructed to the Premises and complete street improvements have been made or where unusual lot splits have occurred leaving only one Lateral may be approved in writing by the City with the connection being made to the system. Approval by the City under this Section 505 shall not be made if the public health would be adversely affected. Compliance with pretreatment standards or local discharge limits prescribed by this Ordinance, shall be determined within each tributary to the common lateral prior to commingling with other wastewater.

Section 506. Old Building Sewers may be used in connection with new buildings only when, on examination and test by the Superintendent, they are found to meet all requirements of this Ordinance.

Section 507. The Building Sewer shall consist of one of the following types of materials:

1. Schedule 40PVC Sewer pipe;
2. ASTM D3034, SDR 35 PVC Sewer pipe with push-on type joints; or
3. ANSI A21.51 ductile iron pipe with push-on or mechanical joints.

In filled or unstable ground the pipe shall be Class 4 ductile iron, except that the non-metallic material may be accepted if laid in a suitable crushed angular stone embedment as approved by the Superintendent.

Section 508. The size and slope of the Building Sewer shall be subject to the approval of the Superintendent, but in no event shall the diameter of the pipe be less than four (4) inches. The slope of the Building Sewer shall not be less than one-eighth (1/8) inch per foot if six (6) inch or larger diameter pipe is used, and one-quarter (1/4) inch slope per foot if four (4) inch diameter pipe is used.

Section 509. Whenever possible the Building Sewer shall be brought to the building at an elevation below the basement floor. No Building Sewer shall be laid parallel to and within three (3) feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The Building Sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe or long-radius fittings. Each bend of 45° or over shall have a cleanout.

Section 510. In all buildings in which any Building Drain is too low to permit gravity flow to the Building Sewer, the Sewage carried by the Building Drain shall be lifted by approved means and discharged to the Building Sewer.

Section 511. All excavations which are made for the installation of Building Sewers shall be open trench work (unless otherwise approved by the Superintendent) and shall be otherwise done in complete conformance with the requirements and standards of the Superintendent. Pipe laying and backfill shall be performed in accordance with the applicable provisions of ASTM designated C-12, except that not backfill shall be placed until the work has been inspected and approved by the Superintendent or his representative. Backfill shall be performed in accordance with good practice to 95% density. Cinders shall not be used for backfill.

Section 512. All joints shall be gastight and watertight and sealed with neoprene gasket of a type approved by the Superintendent. All joints shall be approved by the Superintendent.

Section 513. All Building Sewers shall be tested by exfiltration. The test shall be made with a minimum head of six (6) feet. The exfiltration rate shall not exceed one hundred fifty (150) gallons per inch of pipe diameter per mile of pipe per day. The test will be made by the installer in the presence of the Superintendent. Certification of the test shall be a requirement for approval of the installation.

Section 514. The applicant for the Building Sewer permit shall notify the Superintendent when the Building Sewer is ready for inspection and connection to the Public Sewer.

Section 515. Connections shall consist of wye branches installed in the Public Sewer at the time of construction. Connections to existing wye branches shall be made with an approved type of joint material or an approved compression coupling. The Connection shall be allowed to completely watertight. No connection shall be allowed to any damaged wye. If damage occurs during the making of the connection, the wye shall be taken out of the Public Sewer and replaced either by another undamaged wye or by straight pipe. If straight pipe is used in the replacement, other approved connection methods shall be used. Concrete encasement of the wye, connection joint, or any other part of the connection shall not be deemed watertight and shall not be allowed as a method of repairing a damaged joint. All connections shall be subject to the specifications of the Superintendent.

Section 516. Connections may be used in existing Public Sewers when wye branches previously installed are readily and conveniently available.

Section 517. When new Public Sewers are constructed, connections may be made in cases where the connection to the lot line is made during construction and before backfilling of the sanitary main sewer trench.

Section 518. All excavations for Lateral installation and connection to the Public Sewer shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored at the cost of the property owner in a manner satisfactory to the City. No such work shall be commenced before such owner obtains the necessary permission to work in the public right-of-way from the City and the County Road Commission.

Section 519. Whenever any examination determines that an existing Building Sewer does not meet the requirements of this Ordinance and the City determines that the connection is creating a health hazard, odor or public nuisance, or environmental hazard the Building Sewer shall be reconstructed to meet all requirements of this Ordinance at the Owner’s expense.

Section 520. No Person shall make connection of roof downspouts, footing drain, areaway drains or other sources of surface runoff or ground water to a Building Sewer or Building Drain which in turn is connected directly or indirectly to a public sanitary sewer. Downspouts, footing drains and roof leaders shall be disconnected from sanitary sewers within six (6) months of the effective date of this Ordinance. If this is not done, the City shall perform this work and bill the User for the cost as a Miscellaneous User Charge. Floor drains which are connected to the Building Sewer shall be required for all basements or cellars if the elevation of the Public Sewer will service the building. 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.

Section 521. All sewers shall be constructed in accordance with the latest edition of the “Ten State Standards”.

Section 522. All newly constructed Building Sewers shall have a properly sized cleanout at the head of the Building Sewer that is accessible at all times. This cleanout shall allow access of sewer cleaning equipment of a size equivalent to the size of the Building Sewer. One additional cleanout shall be installed for every 50 feet in length of a Building Sewer.

Section 523. The duty to maintain, clean and repair Sewer located in the City shall be as follows:

1. It shall be the duty of each owner of a Premises to maintain, clean, repair and replace the Building Drain and Building Sewer on his Premises, and, in all areas of the City located outside Special Assessment District No. 1, the Lateral servicing said Premises, at Owner’s expense as necessary to keep such lines free and clear of obstructions and in good working order and to maintain and keep clear of obstructions the Lateral servicing his Premises. Owners whose premises are located in Special Assessment District No. 1 shall not be responsible for the maintenance, cleaning, repair and replacement of the Lateral.
2. It shall be the duty of the City to maintain, clean and repair as necessary and at its expense the sewer trunk lines. The City shall not be responsible for cleaning or maintenance or the repair and replacement of Laterals, except for Laterals located in Special Assessment District No. 1.
3. In the case of bona fide dispute as to whether needed maintenance, cleaning or repair of a portion of sewer line is the responsibility of the owner of a Premises or the City under the provisions of this Ordinance, it shall be the duty of said owner to establish that the obstruction, disrepair or defect has occurred in that portion of the line for which the City is responsible. If the owner fails to establish the City’s responsibility, it shall be the owner’s responsibility to perform the necessary maintenance as provided in this Ordinance. If the City’s responsibility is established the City shall perform the necessary maintenance and shall reimburse the owner of a Premises for reasonable expenses incurred in locating the defect in the line or in otherwise establishing the City’s responsibility.
4. If any owner of a Premises fails to maintain a sewer line as required by this Ordinance, in addition to the remedies prescribed in Section 1104 of this Ordinance, the Sewer may be declared a public nuisance by the Superintendent and the defect may be corrected by the City. Any costs so incurred shall be assessed against the property as a Miscellaneous User Fee.

Section 524. As a matter of public health, all installation of Building Drains, Building Sewers and connections of Building Sewers to the Public Sewer shall be made in compliance with all applicable requirements and specifications of the Superintendent as said requirements and specifications may from time to time be updated or revised. Any deviation from the procedure and materials prescribed in this Article must be approved by the Superintendent as said requirements and specifications may from time to time be updated or revised. Any deviation from the procedure and materials prescribed in this Article must be approved by the Superintendent before installation.

ARTICLE VI – Use of the Public Sewers

Section 601. General Discharge Prohibitions

No Person shall contribute or cause to be contributed, directly or indirectly, any Sewage which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the Person is subject to the National Categorical Pretreatment Standards or any other national, state local Pretreatment Standards or requirements. The City may refuse to accept any Sewage which will cause the POTW to violate its NPDES discharge limits. A Person may not contribute the following substances to any POTW:

1. Any liquids, solids or gases which by reason of their nature and quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or the operation of the POTW. Prohibited materials include, but are not limited to, gasoline, kerosene, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
2. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW such as, but not limited to: grease, garbage with particles greater than one-half inch (1/2”) in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, features, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
3. Any Sewage having a Ph less than 6.5 or greater than 9.5, or Sewage having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW.
4. Any Sewage containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or exceed the limitation set forth in a Categorical Pretreatment Standard. This prohibition of toxic pollutants will conform to Section 307 (a) of the Act.
5. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into Sewers for maintenance and repair.
6. Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sledges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
7. Any substance which will cause the POTW to violate its NPDES Permit or the receiving water quality standards.
8. Any sewage with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solution.
9. Any Sewage having a temperature which will inhibit biological activity in the POTW resulting in Interference, but in no case Sewage with the temperature at the introduction into the POTW which exceeds 40° C (104°F).
10. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause Interference to the POTW.
11. Any Sewage containing 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.
12. Any Sewage which causes a hazard to human life or creates a public nuisance.
13. Any unpolluted water including, but not limited to non-contact cooling water, unless separately metered by a meter installed at the Owner’s expense in accordance with specifications established by the City, or storm water, ground-water or roof water.
14. Any waters or Sewage containing suspended solids or any constituent of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
15. Any wastes from individual sewage disposal systems except at the POTW Treatment Plant as provided in Section 625 except that waste from any individual sewage disposal system may be disposed of directly into a sanitary sewer upon entering into an agreement with the City, which agreement shall specify the site of disposal, sewage disposal charge and such other conditions as may be required to satisfy the sanitation and health requirements of the City. For the purpose of this subsection, “individual sewage disposal system” is defined to include every means of disposing of industrial, commercial, household, domestic or other water carried sanitary waste or sewage other than a public sanitary sewer.
16. Any sludge, precipitate or congealed substances resulting from an industrial or commercial process, or resulting from the pretreatment of wastewater or air pollutants.
17. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 HP metric) or greater shall be subject to the review and approval of the Superintendent.

Section 602. Specific Pollutant Limitations

On the date of adoption of this Ordinance, the City had no Industrial Users. Specific Pollution limitations for the following substances shall be established by City permit on a case by case basis in accordance with Section 603:

1. _____mg/l arsenic
2. _____mg/l cadmium
3. _____mg/l copper
4. _____mg/l cyanide
5. _____mg/l lead
6. _____mg/l mercury
7. _____mg/l nickel
8. _____mg/l silver
9. _____mg/l total chromium
10. _____mg/l zinc
11. _____mg/l total Kjeldahl nitrogen
12. _____mg/l phenolic compounds which cannot be removed by the POTW wastewater treatment process
13. _____mg/l COD
14. _____mg/l by weight of fat, oil or grease
15. _____mg/l iron
16. _____mg/l chlorine demand at 30 minutes
17. _____mg/l tin

Section 603. If any waters are discharged or are proposed to be discharged to the public sewers, which waters contain the substance enumerated in Section 602 above, and which in the judgement 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 City may:

1. Reject the wastes
2. Require pretreatment to the level defined as “Normal Domestic Sewage”.
3. Require control over the quantities and rates of discharge.
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing Sewer Rates and Charges.
5. Require new Industrial Users or industries with significant changes in strength or flow to submit prior information to the City concerning the proposed flows.
6. Establish by permit discharge limits expressed in milligrams per liter for any or all of the substances enumerated in Section 602 above.

If the City permits the pretreatment or equalization or waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Superintendent and shall be subject to the requirements of all applicable codes, ordinances and laws. No construction of such facility shall be commenced until approval is obtained in writing.

Section 604. Wastewater Contribution Information

Each industry or structure discharging process flow to the sanitary sewer, storm sewer or receiving stream shall file the material listed below with the Superintendent. Any industry which does not normally discharge to the sanitary sewer, storm sewer or receiving stream, but has the potential to do so from accidental spills or similar circumstances, shall also file the material listed below.

The Superintendent may require each person who applies for or receives sewer service, or through the nature of the enterprise creates a potential environmental problem, to file the material listed below on disclosure form prescribes by the City:

1. Name, address and location (if different from the address)
2. Standard Industrial Classification (SIC) Number
3. Wastewater constituents and characteristics including but not limited to those mentioned in Section 601 of this Ordinance as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with the procedures and methods detailed in:
   1. “Standard Methods for the Examination of Water and Wastewater,” American Public Health Association, current edition.
   2. “Manual of Methods for Chemical Analysis of Water and Wastes,” United States Environmental Protection Agency, current edition.
   3. “Annual Book of Standards, Part 131, Water, Atmospheric Analysis,” American Society of Testing Materials, current edition.
4. Time and duration of contribution.
5. Average daily wastewater flow rates, including daily, monthly and seasonal variations, if any
6. Industries identified as Significant Industrial Users or subject to the National Categorical Pretreatment Standards or those required by the City Must submit site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged.
8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance and/or additional pretreatment is required by the Industrial User to meet applicable Pretreatment Standards.
9. If additional pretreatment and/or operation and maintenance will be required to meet the Pretreatment Standards; the shortest schedule by which the User will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The following conditions shall apply to this schedule:
   1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards.
   2. No increment referred to in paragraph (1) shall exceed 9 months.
   3. Not later than 14 days following each date in the schedule and the final date for compliance, the User shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to the met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the User to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Superintendent.
10. Each project produced by type, amount, process or processes and rate of production.
11. Type and amount of raw materials processed, average and maximum per day.
12. Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system.
13. Any other information as may be deemed by the City to be necessary to evaluate the impact of the discharge on the POTW.
14. The discharge from shall be signed by a principal executive officer of the User and qualified Superintendent.
15. The City will evaluate the complete disclosure form and data furnished and may require additional information. Within 90 days after full evaluation and acceptance of the data furnished, the City shall notify the User of the acceptance thereof.

Section 605. Discharge Modifications

Within none (9) months of the promulgation or revisions of a National Categorical Pretreatment Standard, all affected Users must submit to the City the information required by the City. The City may:

1. Set unit charges or a schedule of users charges and fees for the wastewater to be discharged to the POTW;
2. Limit the average and maximum wastewater constituents and characterizes;
3. Limit the average and maximum rate and time of discharge or make requirements for flow regulations and equalization;
4. Require the installation and maintenance of inspection and sampling facilities;
5. Establish specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
6. Establish compliance schedules;
7. Require submission of technical reports or discharge reports;
8. Require the maintaining, retaining and furnishing of plant records relating to wastewater discharge as specified by the City, and affording City, the Superintendent and their authorized representative access thereto, and copying thereof;
9. Require notification of the City for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
10. Require notification of slug discharges;
11. Require other conditions are deemed appropriate by the City to ensure compliance with this Ordinance.
12. Require waste treatment facilities, process facilities, waste streams, or other potential waste problems to be placed under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities.
13. Require records and file reports to be maintained on the final disposal of specific liquids, solids, sludge, oils, radioactive materials, solvents, or other wastes.

Section 607. Compliance Date Report

Within 90 days following the date for final compliance with applicable Pretreatment Standards or, in the case of a New Source, following commencement of the introduction of wastewater into the POTW, any User subject to Pretreatment Standards and Requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the User facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the User into compliance with the applicable Pretreatment Standards or Requirements. This statement will be signed by an authorized representative of the Industrial User, and certified to by a qualified representative.

Section 608. Periodic Compliance Reports

1. Any User or New Source discharging into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in Pretreatment Standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards or this Ordinance. In addition, this report shall include a report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in subsection 606(c). At the discretion of the Superintendent and in consideration of such factors as local high or low rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
2. The Superintendent may also impose mass limitations on Users which are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases which the imposition of mass limitations are appropriate. In such cases, the report required b subsection 608(a) shall also indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User.

Section 609. Monitoring Facilities

The City may require to be provided and operated at the User’s own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the User’s premises, but the City may, when such a location would be impractical or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. Whether construction on public or private property, the sampling and monitoring facilities shall be provided in accordance with plans and specifications submitted to and approved by the City and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the City.

Section 610. Inspection and Sampling

The City shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, measuring, sampling, records examination, records copying or in the performance of any of their duties. The City, County Health Department, Michigan Department of Natural Resources and EPA shall have the right to set up on the User’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, Michigan Department of Natural Resources and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. All records relating to compliance with Pretreatment Standards shall be made available to officials of the EPA or Michigan Department of Natural Resources upon request.

Section 611. Pretreatment

Industrial Users shall provide necessary wastewater pretreatment as required to comply with this Ordinance and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations and as required by the City. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the User’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review; and shall be approved by the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the User’s initiation of the changes.

Section 612. The City shall annually publish in the major local newspaper a list of the Users which were not in compliance with any Pretreatment Requirements or Standards at least once during the twelve previous months. The notification shall also summarize any enforcement actions taken against the User(s) during the same twelve months.

Section 613. Confidential Information

Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the User. When requested by the person furnishing a report, the portion of a report which might disclose trade secrets or secret processes shall not be made available upon written request to governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES) Permit, or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the User.

Section 614. National Categorical Pretreatment Standards

Upon the promulgation of the National Categorical Pretreatment Standards for a particular subcategory, the Pretreatment Standard, if more stringent than limitations imposed under this Ordinance and shall be considered part of this Ordinance. The Superintendent shall notify all affected Users of the applicable reporting requirements.

Section 615. State Requirements

State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Ordinance.

Section 616. City’s Right of Revision

The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 102 of this Ordinance.

Section 617. 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 and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. For purposes of this Section 617:

1. Grease and oil interceptors shall be deemed necessary upon construction or remodeling of restaurants and other food preparation facilities, as required by State health regulations and
2. Oil and sand interceptors shall be deemed necessary for all garages, gasoline filling stations and similar facilities.

All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be substantial construction, water-tight and equipped with easily removable covers, which when bolted in place shall be gastight and water-tight. Where installed, all grease, oil and sand interceptors or flow equalizing facilities shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

Section 618. A user having an average daily flow greater than two 2% of the average daily sewage flow of the City, or having a rate of flow (gallons per day) greater than ten percent (10%) of the average daily City flow for a period of one hour or more, shall be subject to review and approval of the Superintendent.

Section 619. Where the strength of sewage from a User exceeds the strength of Normal Domestic Sewage and where such wastes are permitted to be discharged to the Sewer System by the Superintendent, a User Surcharge Fee shall be charged against the User according to the strength of such wastes. The strength shall be sampled over a reasonable period of time to insure a representative sample. The cost of taking and making the first of these samples shall be borne by the City. The cost of any subsequent sampling and testing shall be borne by the User, whether owner or lessee. Tests shall be made by an independent laboratory or at the City’s wastewater treatment plant.

Section 620. When required by the City, the owner of any property serviced by a Building Sewer 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 accessibly and safely located 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.

Section 621. All measurements, tests and analyses of the characteristics of wastewater to which reference is made in this Ordinance, shall be determined in accordance with the latest edition at the time of “Standard Methods for Examination of Water and Sewage,” and shall be determined at the control manhole or upon suitable samples taken at said control manhole. In the event that no special manhole has be required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods of reflect the effect of constituents upon the sewage works and determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether grab samples should be taken. The responsibilities of Industrial Users are further defined below:

1. One person from each Industrial User shall be delegated the authority to be responsible for Industrial Wastes admitted to the system. Such person would be involved with maintain the continual high level of performance. In case no pretreatment is provided. Such person would be involved with the prevention of accidental discharges of process wastes admitted to the system. Such person must become aware of all potential and routine toxic wastes generated by their Industry. Such person must also be informed of all process alternations which could, in any manner, increase or decrease normal daily flow or waste strength discharged to the system.
2. This industrial representative must catalog all chemicals stored, used, or manufactured by their industry. Such a listing should include specific chemical names, not manufacturer’s codes. Those wastes admitted to the sanitary sewer are a prime concern; however, all discharges should be cataloged. As estimate of daily average flows and strengths must be made including process, cooling, sanitary, etc. Such determination should separate the flows according to appropriate categories. The aforementioned flow and chemical listing is to be sent to the Superintendent.
3. The industrial representative shall determine whether or not large process alternations will occur during the next five years. Management should be consulted to determine if such alternations are scheduled and forthcoming.
4. A sketch of the plant building(s) must be made, including a diagram of process and chemical storage areas. Location of any pretreatment equipment should be indicated and floor drains located near process and storage areas should be noted. Manhole and sewer locations at the industry’s point of discharge into the municipal collection system should be included on the plant layout sketch.
5. There must be separation of spent concentrations from the sanitary sewer to prevent toxic wastes from upsetting the municipal biological treatment plant. Supervision and operation of the pretreatment equipment for spent concentrations as well as all toxic wastes and high strength organic wastes to an acceptable level as detailed in this Ordinance is the responsibility of the industrial representative. All sludge generated by such treatment must be handled in acceptable manner, such as designated areas of a sanitary landfill or by a licensed waste hauler. Adequate segregation of those waters and wastes to be pretreated to meet discharge limits is a vital portion of the industrial effort to prevent operational problems at the wastewater treatment plant.
6. Throughout the industry, adequate secondary containment or curbing must be provided to protect all floor drains from accidental spills and discharges to the receiving sewers. Such curbing should be sufficient to hold 150% of the total process area tank volume. All floor drains found within the containment area must be plugged and sealed. Spill through and sumps within process areas must be discharge to appropriate pretreatment tanks. Secondary containment should be provided for storage tanks which may be serviced by commercial haulers and for chemical storage areas.
7. If required by Section 620, an adequate sampling vault or manhole must be provided in an accessible place for municipal treatment plant personnel to obtain samples and flow measurement data. The complexity of the vault will vary with the sampling requirements the City determines necessary to protect the treatment plant and receiving stream. Should the City desire continual flow recording and long duration, 24-hour composite sampling, then a more complex manhole would be mandatory- compete with 110 volt AC. Samples collected could be divided between the Industrial User and City for analysis if so desired by the Industrial User. The sampling vault should be located so as to give access by City personnel without entering the industrial property.

Section 622. To determine the sewage flow from any Premises, the Superintendent may use one of the following methods:

1. The amount of water supplied to the premises by the City as shown upon the water meter if the premises are metered, or
2. The number of gallons of sewage discharged into the sewer system as determined by measurements and samples taken at a contract manhole installed by the owner of the premises served by the Sewer System a his own expense in accordance with the terms and conditions of the permit issued by the City pursuant to Article V, or C.A. figure determined by the Superintendent by any combination of the foregoing or by any other equitable method.

Section 623. Excessive Discharges

No user shall ever increase the use of process water or in any way; attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the City or State. Dilution may be an acceptable means of complying with some of the prohibitions set forth in Section 601, upon prior written approval of the Superintendent.

Section 624. Accidental Discharge

Where required a User shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City before construction of a new facility. All existing Industrial Users shall complete such a plan within 180 days after the adoption of this Ordinance. If required by the City a User who commences contribution to the POTW after the effective date of this ordinance shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the User’s facility as necessary to meet the requirements of this Ordinance. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions. In addition, the User shall provide written notice to the City and the User’s employees, as follows:

1. Written Notice. Within five (5) days following an accidental discharge, the User shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
2. Notice to Employees. A written notice shall be permanently posted on the User’s bulletin board or other prominent place advising employees of whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

Section 625. Disposal at POTW Treatment Plant

Wastes from individual sewage system may be accepted with permission of the Superintendent at the POTW Treatment Plant. No waters or wastes described in Section 601 of this ordinance shall be disposed at the POTW Treatment Plant shall be determined by the Superintendent at the time of acceptance.

Section 626. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any person whereby waste of unusual strength or character may be accepted by the City, subject to payment such waste will not damage the sanitary sewer or storm sewer or sewage treatment plant or the receiving waters.

Section 627. All users subject to this Ordinance shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereto, relating to monitoring, sampling and chemical analyses made by or in behalf of a User in connection with its discharge. All records which pertain to matters which are subject of Administrative Adjustments or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the User until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

Section 628. Should the City deem it reasonably necessary to have plans, specifications or other information reviewed by City staff, the City engineer or any outside consultant with respect to any User or the quality or quantity of Sewage discharged or proposed to be discharged, including without limitation, considerations of pretreatment, sampling and testing, to the Public Sewer under this Article VI, then the User shall reimburse the City for the actual expenses incurred in said review as a Miscellaneous User fee.

ARTICLE VII – Operation, Maintenance and Enforcement

Section 701. The Superintendent shall be responsible for investigating, preventing and abating violations of this Ordinance and enforcing the provisions of this Ordinance. In addition, the Superintendent shall be responsible for all other matters related to the operation, maintenance, alteration, repair, and management of the wastewater collection and treatment system including connections. The City may employ such additional person or persons in such capacity or capacities as advisable to carry out the efficient management and operations of the system and may make such necessary or recommended rules, orders and regulations to assure the efficient management and operation of the System.

Section 702. The Superintendent is hereby empowered to:

1. Supervise the implementation of this Ordinance.
2. Institute actions against all Users violating this Ordinance and institute legal proceedings in the name of the City in a court of competent jurisdiction for the abatement or prevention of any nuisance, injunction relief, damages, or other relief with respect to violations of this Ordinance.
3. Review the plans for pretreatment equipment submitted by Users.
4. Make periodic inspections and tests of existing and newly installed, constructed, reconstructed, or altered sampling, metering, or pretreatment equipment to determine compliance with the provisions of these sections.
5. Investigate complaints of violations and make inspections and observations of discharges. Record such investigations, complaints, and observations.
6. Issue orders requiring compliance with this ordinance in accordance with Section 703.
7. Propose the imposition of civil penalties for violations of these sections.
8. Make recommendations to the City of amendments to the Ordinance.
9. Encourage voluntary cooperation in water pollution control.
10. Collect and disseminate information on water pollution control.
11. Coordinate activities under this ordinance with planning and zoning agencies to promote conservation and management of the water resources of the City.
12. Cooperate with federal, interstate, state, county, district, municipal, or other agencies concerned with water pollution with respect to studies, abatement programs, public complaints, and other matters to conserve and improve the natural resources of the City.
13. Institute legal proceedings in the name of the City in a court of competent jurisdiction to compel compliance with provisions of this Ordinance or any determination or order which may be promulgated or issued pursuant to these sections.

Section 703. If the Superintendent determines that a User has violated any provision of this Ordinance, the Superintendent may issue an Order to take action deemed appropriate under the circumstances, including but not limited to the following:

1. Immediate Cease and Desist Order. The Superintendent may issue an Order to Cease and Desist from discharging any wastewater, incompatible pollutant, or illegal discharge. Such order shall have immediate effect where the actual or threatened discharge of pollutants to the System presents, or may present, imminent or substantial endangerments to the health or welfare of persons, to the environment, or causes interference with the operation of the public sewers or treatment plant. If action is not taken immediately to correct illegal discharge, the Superintendent will implement whatever action is necessary to halt said discharge, including without way of limitation, shutoff of public water to the Premises.
2. Order to Cease Discharge within a Time Certain. In cases other than those defined in Section 703(1), the Superintendent may issue an Order to Show Cause why an Order to Cease and Desist by a certain time and date should not be issued. The proposed time for remedial action shall be specified in the Order to Show Cause. Such order may also contain such conditions deemed appropriate by the Superintendent.
3. Order to effect Pretreatment. The Superintendent may issue an Order to Show Cause why a User should not be required to pretreat in accordance with this section.
   1. A User subject to an order to pretreat shall prepare a plan to effect and achieve the pretreatment of its wastewater so that the same shall comply with the requirements of this Ordinance. Such plan shall be submitted to the Superintendent within a reasonable period specified in the pretreatment order. The plan shall be prepared in accordance with good engineering practice and shall state whether construction is necessary as well as identify the measure which may be implemented without necessitating construction. The plan shall contain a schedule of compliance for the completion of each of the various phases necessary to implement full pretreatment, which schedule shall be approved by an order of the Superintendent.
   2. A pretreatment plan shall include a schedule of compliance consisting of one of more remedial measures, including enforceable timetables for a sequence of actions or operations leading to compliance with an effluent standard, or other prohibition or standard.
   3. The following steps or phases shall be included in the schedule of compliance where applicable and appropriate:
      1. Retain a qualified engineer and/or consultant.
      2. Obtain any engineering or scientific investigations or surveys deemed necessary.
      3. Prepare and submit a preliminary plan to achieve pretreatment.
      4. Prepare plans and specifications, working drawings, or other engineering or architectural documents which may be necessary to effect pretreatment.
      5. Establish a time to let any contract necessary for any construction.
      6. Establish completion times for any construction necessary.
      7. Establish a time limit to complete full pretreatment pursuant to the final order.
      8. In the event a phase or unit of construction or implementation may be effected independently of another phase or unit, establish separate timetables for such phase or unit.
4. Order to Preform Affirmative Action. The Superintendent may also issue an Order requiring a user to perform any action required under these regulations, and/or to submit samples install sampling, metering, and monitoring equipment; submit reports; and permit access for inspection, sampling, testing, monitoring and investigation. An Order issued by the Superintendent shall contain the facts and grounds for its issuance and the remedial action ordered, together with the time within such action shall be taken. No such Order shall be deemed insufficient, however, for inconsequential errors and omissions in the facts and grounds for the order. If any user deems the content of the Order to contain insufficient information, it may request additional information from the Superintendent; however, no request shall extend any time limit or defer any payment, except as hereinafter set forth. In the event noncompliance with an order is due to factors beyond the reasonable control of the user, as determined by the Superintendent, such noncompliance shall not be in violation and such Order shall be modified to take account of these factors.An Order shall be subject to amendment, change or revocation, provided notice of such action is served upon the user in the same manner as the original order and is subject to review and appeal in accordance with Article IX.

Section 704. The City shall not be responsible for interruptions of service due to natural calamities, equipment failures, or actions of the system users. It shall be the responsibility of the user that all connected equipment remain in good working order so as not to cause disruption of service of any Sewer or treatment plan equipment.

Section 705. The City will maintain and carry insurance on all physical properties of the System, of the kinds and in the amount normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All monies received for losses under any such insurance and restoration of the property damaged or destroyed.

ARTICLE VIII – User Rates and Charges

Section 801. The system shall, as far as possible, be operated and maintained by the City on a public utility basis as authorized by state law, including Act 94 of the Public Acts of Michigan 1933, as amended. The system shall be operated on the same fiscal year as that of the City. The City will maintain and keep proper books of records and accounts, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the system. The Sewer Rates and Charges other than Debt Service Fee, are user charges to pay for the operation, maintenance and replacement of the System and they are the same for Users located inside or outside the City and the equality of rates shall exist in any future modifications. The Sewer Rates and Charges hereby fixed by this Ordinance are estimated to be sufficient to provide for the expenses of operation, maintenance and replacement of the system as necessary to preserve the same in good repair and working order. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts. An annual audit shall be prepared by a recognized independent certified public accountant. Based on said audit, Sewer Rates and Charges shall be reviewed annually and revised as necessary by the City to meet system expenses and to insure that all Users classes pay their proportionate share of operation, maintenance and equipment replacement cost.

Section 802. Sewer Use Fee.

Users shall be charged a Sewer Use Fee computed as follows:

1. Users Connected to the City’s Public Water System the Sewer Use Fee shall be computed as follows:
   1. $1.56/1,000 gallons of metered public water usage in each calendar quarter.
   2. The volume of public water used for lawn sprinkling, irrigation and similar outdoor uses, as recorded by a separate meter installed by the Owner of the Premises at the owner’s cost on the external faucet of a building (provided that the meter type and installation shall be subject to approval and inspection by the City), shall be subtracted from the total metered public water usage used in calculating the Sewer Use Fee.
2. Residential Users Not Connected to the City’s Public Water System. The Sewer Use Fee shall be the flat rate amount of $23.40 per unit per calendar quarter.

Section 803. Debt Service Fee.

Users shall be charged a Debt Service Fee computed as follows:

1. Users connected to the City’s Public Water System. The debt service fee shall be determined on the basis of metered public water usage as follows:
   1. Minimum Rate for first 15,000 gallons use per quarter is $40.00 per Unit; plus $1.15 each 1,000 gallons used in excess of 15,000 gallons per quarter
   2. The volume of public water used for lawn sprinkling, irrigation and similar outdoor uses, as recorded by a separate outdoor uses, as recorded by a separate meter installed by the Owner of the Premises at the Owner’s cost on the external faucet of a building (providing that the meter type and installation shall be subject to approval and inspection by the City), shall be subtracted from the total metered public water usage used in calculating the debt service fee.
2. Residential users not connected to the City’s Public Water System. The debt service fee shall be a flat rate amount of $63.40 per unit per calendar quarter.

Section 804. User Surcharge Fee

A User Surcharge Fee shall be charged to the Users for wastewater exceeding specified limits, as follows:

1. BOD in excess of 200 mg/l as follows:
   User Surcharge Fee of $.298 per pound of BOD.
2. Suspended Solids in excess of 240 mg/l as follows:
   User Surcharge Fee of .249 per pound of SS.
3. Phosphorus in excess of 10 mg/l as follows:
   User Surcharge Fee of 1.99 per pound of Phosphorus.
4. The User Surcharge Fee determined in accordance with (a) through (c) above shall be increased to include the costs incurred by the City for laboratory testing of wastewater samples. The laboratory charge shall be for the cost thereof and will be determined for each User on a case-by-case basis.

Section 805. The owner of a Premises who applies for connection of the Building Sewer to the System shall pay the following at the time of application:

1. Connection Fee. The connection fee shall be $750 for application made in calendar year 1989, which shall cover the City’s cost of supervising and inspecting the connection to the system. To the extent that said fee was included in the form of a special assessment against said Premises on Special Assessment Roll No. 1-1, the Owner of the Premises shall receive full credit towards payment of said fee (but under no circumstance shall the credit result in a refund to the Owner).
2. Readiness to Serve Fee. For Premises located in Special Assessment District No. 1, a Readiness to Serve Fee in the amount of $250 shall be paid. To the extent said fee was included in the form of a special assessment against said Premises on Special Assessment Roll No. 1-1 the Owner of the Premises shall receive full credit towards payment of said fee (but under no circumstance shall the credit result in a refund to the Owner).
3. Lateral Restoration Fee. The Owner of a Premises shall pay a Lateral Restoration Fee to the City at the time of application for a connection permit for the restoration of street, sidewalk and curb accordance with the schedule established from time to time by resolution of the City Council and filed with the City Clerk.
4. For connection applications made after calendar year 1989, the Connection Fee and Lateral Restoration Fee shall be increased by 5% for each subsequent calendar year and rounded to the nearest whole dollar.
5. For applications made prior to January 1, 1990, the Connection Fee and Readiness to Serve Fee shall be payable in ten (10) equal annual installments with interest on the unpaid balance accrued beginning January 1, 1990 at a rate of seven (7%) per annum. The first installment shall be due and payable on February 15, 1990 and subsequent installments shall be due and payable on each February 15 thereafter. The unpaid balance of each said Connection Fee and Readiness to Serve Fee may be prepaid in part or in whole at any time.

Section 806. Premises located in a special assessment district established by the City to finance a portion of the System and subject to a “full special assessment” on the respective special assessment roll shall receive full credit towards payment of the Readiness to Serve Fee, Connection Fee and Lateral Restoration Fee as determined by the Superintendent provided, however, that such credit shall not result in a full or partial refund of the special assessment paid or payable pursuant to the special assessment roll. For purposes of this section 806, a “full special assessment” shall be deemed to be a special assessment levied by the City and comprised of components related to the costs which are intended to be offset by the Readiness to Serve, Connection Fee, and Lateral Restoration Fee. The City reserves the right to charge an additional Readiness to Serve Fee, Connection Fee and Lateral Restoration Fee for Premises for which there has been a lot split, a change in use of all or part of the Premises to a more intensive use of for which a Readiness to Serve Fee was not charged, regardless of the reasons, for the entire eligible frontage of the Premises.

Section 807. Miscellaneous User Fee.

The City shall, from time to time, establish and impose on one or more Users a Miscellaneous User fee, as necessary, for miscellaneous services, repairs and related administrative costs associated with the System and not covered by the Sewer User Fee, including without limitation repair to the System User Fee, including without limitation repair to the System or components thereof caused by the negligent or intentional acts of a User, shut-off and turn-on charges and review of plans, specifications and other information for connection, pretreatment and other proposed uses of the System.

Section 808. It shall be the duty of the City Clerk to bill and collect all Sewer Rates and
Charges. The City Clerk shall mail each user a quarterly bill on or before the 1^st day of January, April, July and October in each year. The bill shall separate itemize the Sewer Rates and Charges payable. Payment of the bill is due and payable on or before the 20^th day of the month in which it is rendered. Payments of said bill shall be made at a location designated by the City Council.

Section 809. If Sewer Rates and Charges are not paid on or before the due date then a fee of 10% shall be added thereto as a late charge and in addition a time price differential of 3.0% per quarter or fraction of a quarter shall be charged on the unpaid balance.

Section 810. If Sewer Rates and Charges are not paid on or before the due date, the City, pursuant to Act 178 of the Public Acts of Michigan of 1939, as amended, may:

1. Discontinue the service provided by the System by disconnecting the Building Sewer from the Lateral or inserting a shutoff valve in the Lateral or, in the alternative, for Premises served by City water, water service may be shut off to the Premises, and the service so discontinued in either event shall not be re-instated until all sums then due and owing, including time price differential, penalties, interest, a shut off charge and turn on charge in the amount established by the resolution of the City Council shall be paid to the City;
2. Institute an action in any court of competent jurisdiction of the collection of the amounts unpaid, including time price differential, penalties, interest and reasonable attorney fees; or
3. Enforce the lien created in Section 813 below. These remedies shall be cumulative and shall be in addition to any other remedy provided in this ordinance or now or hereafter existing at law or in equity. Under no circumstances shall action taken by the City to collect unpaid Sewer Rates and Charges, time price differential, penalties and interest, invalidate or waive the lien created by Section 812 below.

Section 811. The Sewer Rates and Charges shall be a lien on the respective Premises served by the system. Whenever Sewer Rates and Charges shall be unpaid for ninety (90) days or more, they shall be considered delinquent. The Treasurer shall certify annually all delinquent Sewer Rates and Charges and time price differential thereon, together with an additional amount equal to 6% of the aggregate amount delinquent, on or before ________ 1, of each year, to the tax-assessing officer of the City, who shall enter the delinquent Sewer Rates and Charges, time price differential, interest and penalties upon the next tax roll as a charge against the Premises affected and such charge shall be collected and the lien thereon enforced in the same manner as ad valorem property taxes levied against such Premises.

Section 812. A lien shall not attach for Sewer Rates and Charges to a Premises which is subject to a legally executed lease that expressly provides that the tenant (and shall not landlord) of the Premises or a dwelling unit thereon shall be liable for payment of Sewer Rates and Charges, effective for services which accrue after the date an affidavit is filed by the landlord with the City. This affidavit is filed by the landlord to give the City 20 days written notice of any cancellation, change in or termination of the lease. The filing of the affidavit by the landlord shall be accompanied by a true copy of the lease and a security deposit in the amount of $20.00 per unit. Upon the failure of the tenant to pay the Sewer Rates and Charges when due, the security deposit shall be applied by the City against the unpaid balance, including time price differential, interest and penalties. Upon notification from the City, the tenant shall immediately make sufficient payment to the City to cover the amount of the security deposit so advanced. Upon the failure of the tenant to do so within ten (10) days of said notification, the penalties, rights and remedies set forth in Section 811 and 812 of this Article shall be applicable with respect to the unpaid Sewer Rates and Charges, including time price differential, interest and penalties. The security deposit shall be held by the City without interest and shall be returned to the landlord upon proof of termination of the lease.

Section 813. No free service shall be furnished by the System to any Person, public or private, or to any public agency or instrumentality.

Section 814. Applications for connection permits may be canceled and/or Sewer service disconnected by the City for any violation of any part of this Ordinance, including, without limitation, any of the following reasons:

1. Misrepresentation in the permit application as to the nature or extent of the property to be serviced by the System.
2. Nonpayment of Sewer Rates and Charges.
3. Improper or imperfect and/or failure to keep Building Sewers in a suitable state of repair.
4. Discharges in violation of this Ordinance.
5. Damage to any part of the System.

Section 815. Where the sewer service supplied to a User has been discontinued for nonpayment of Sewer Rates and Charges, service shall not be reestablished until all delinquent Sewer Rates and Charges and penalties, and the turn-on charge has been paid. The City reserves the right as a condition to reconnect said service to request that a nominal sum of $100 per unit be placed on deposit with the City for the purpose of establishing or maintaining any User’s credit. Said deposit shall not be considered in lieu of any future billing for Sewer Rates and Charges. Upon the failure of the User to pay the Sewer Rates and Charges when due, the security deposit shall be applied by the City against the unpaid balance, including time price differential, interest and penalties. Upon notification by the City, the User shall immediately make sufficient payment to the City to cover the amount of the security deposit so advanced. Upon the failure of the User to do so within (10) days of said notification, the penalties, rights and remedies set forth in Sections 811 and 812 of this Article shall be applicable with respect to the unpaid Sewer Rates and Charges, including time price differential, interest and penalties. The security deposit shall be held by the City without continued timely payments by the Users of all Sewer Rates and Charges as when due, for a minimum of 4 successive quarterly billing periods.

Sections 816. All revenue and monies derived from the operation of the Sewer System shall be paid to and held by the Treasurer separate and apart from all other funds of the municipality and all said sums and all other funds and monies incident to the operation of said System, as may be delivered to the Treasurer, shall be deposited in a separate fund designated the “Sewer System Receiving Fund” and said Treasurer shall administer said Fund on every respect in a manner provided by the Statutes of Michigan pertaining thereto.

Section 817. The Clerk shall establish a proper system of accounts and shall keep proper records, books and accounts in which complete and correct entries shall be made of all transactions relative to the Sewer System.

Section 818. All users of the System will receive an annual notification, either printed on the bill or enclosed in a separate letter, which will show the breakdown of the Sewer Rates and Charges into the components.

ARTICLE IX – Administrative Appeals and Variance

Section 901. In order that the provision of this Ordinance may be reasonably applied and substantial justice done in instances where unnecessary hardship would result from carrying out the strict letter of this Ordinance, the City Council shall serve as a Wastewater Board of Appeals. The duty of such Board shall be to consider appeals from the decision of the Superintendent and to determine, in particular cases, whether any deviation from strict enforcement will violate the intent of the Order or jeopardize the public health or safety.

Section 902. An informal hearing before the Superintendent may be requested in writing by any user or contractee deeming itself aggrieved by any citation, Order, charge, fee, surcharge, penalty or action within ten days after the date thereof, stating the reasons therefore with supporting documents and data. The informal hearing shall be scheduled at the earliest practicable date, but not later than five (5) days after receipt of the request, unless extended by mutual written agreement. The hearing shall be conducted on an informal basis at the Superintendent or at such place designated by the Superintendent.

Section 903. Appeals from Orders of the Superintendent may be made to the City Council, acting as a Board of Appeals, within thirty (30) days from the date of any citation, Order, charge, fee, surcharge, penalty or other action. Such appeal may be taken by any person aggrieved. The appellant shall file a Notice of Appeal with the Superintendent and with the Board, specifying the ground therefor. Prior to a hearing, the Superintendent shall transmit to the Board a summary report of all previous action taken. The Board may, at its discretion, call upon the Superintendent to explain the action. The final disposition of the appeal shall be in the form of a resolution, either reversing, modifying, or affirming, in whole or in part, the appealed decision or determination. In order to find for the appellant, a majority of the Board must concur. The Board of Appeals shall fic a reasonable time for the hearing of the appeal, give due notice thereof to interested parties, and decide the same within a reasonable time. Within the limits of its jurisdiction, the said Board of Appeals may reverse or affirm, in whole or in part, or may make such order, requirements, decision or determination as, in its consideration, and to that end have all the powers of the official from whom said appeal is taken. The decision of said Board shall be final. The Board of Appeals shall meet at such times as the Board may determine. There shall be a fixed place of meeting and all meetings shall be open to the public in accordance with applicable laws. The Board shall adopt its own rules of procedure and keep each question considered. The Board of Appeals may prescribe the sending of notice to such persons as it deems to be interested in any hearing by the Board.

Section 904. All Sewer Rates and Charges outstanding during any appeal process, including any time price differential, interest and penalties shall be due and payable to the City. Upon resolution of any appeal, the City shall adjust such amounts accordingly; however, such adjustments shall be limited to the previous one year’s billing unless otherwise directed by court order.

Section 905. If an informal or formal hearing is not demanded within periods specified herein, such administrative action shall be deemed final. In the event either or both such hearings are demanded, the action shall be suspended until final determination has been made except for Immediate Cease and Desist Orders issued pursuant to Article VII.

Section 906. Appeals from the determinations of the Board of Appeals may be made to the Circuit Court for the County of Montcalm within twenty (20) days as provided by law. Such appeals shall be governed procedurally by the Administrative Procedures Act of the State of Michigan (1979 P.A. No. 306, MCLA 24.201 et. Seq.). All findings of fact, if by the evidence, made by the Board shall be conclusive upon the Court.

Section 907. Any person, upon written application to the Superintendent within ninety (90) days after the effective date of this Ordinance, as amended, who shows, in the case of activity being conducted or operated, that compliance with Article VI of this Ordinance would either be impossible or constitute an undue hardship because of time limitations, may be granted a variance by the Superintendent for a reasonable time, not to extend beyond two (2) years from the effective date of this Ordinance, as amended, at which date all variances will be granted. After the date of the granting of the variance, the recipient thereof shall make written reports every six (6) months to the Superintendent periodically as to the progress being made toward compliance with Article VI of this Ordinance. A variance shall not be granted under the provisions of this Section where person applying therefor causing a public nuisance or other injury to the general public, or is subject to National Categorical Standard, and any such variances shown to have been granted under these circumstances shall be immediately terminated. Any variance granted under the provisions of this Section shall not be construed to relieve the person who shall receive it from any liability or penalties imposed by other law for the commission or maintenance of a nuisance.

ARTICLE X – Power and Authority of City Employees or Representatives

Section 1001. The Supervisor and duly authorized employees or representatives of the City bearing proper credentials and identification shall be permitted at all reasonable hours to enter upon all Premises in the City for the purpose of inspection, observation, measurement, sampling, testing, and emergency repairs in accordance with the provisions of this Ordinance.

Section 1002. While performing the duties in Section 1001 above, the duly authorized employees or representatives of the City shall observe all reasonable safety rules applicable to the Premises established by the User.

ARTICLE XI – Penalties

Section 1101. No unauthorized Person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with, climb upon, or enter into any structure, appurtenance, or equipment of the System or connect or disconnect any Building Sewer to any Lateral. Any person found violating this Section 1101 shall be subject to immediate arrest and charged with disorderly conduct.

Section 1102. Except as provided in Section 1101 hereof, any Person found to be violating any provisions of this Ordinance shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Notwithstanding the foregoing, in case of serious danger to public health, or potential damage to the Sewer System, a forthwith notice to cease the violation may be served, which notice shall have immediate effect.

Section 1103. Any person who violates Section 1101 or who shall continue any violating beyond the time limit provided for in Section 1102 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined for each violation or shall be imprisoned in the County jail for a maximum of 90 days or shall be subject to both such fine and imprisonment. Each day in which any such violation shall continue shall be deemed a separate offense.

Section 1104. Any Nuisance or any violation of this Ordinance is deemed to be a nuisance per se. The City, in the furtherance of the public health is hereby empowered to:

1. Make all necessary repairs or take other corrective action necessitated by such Nuisance or violation;
2. Discontinue the service provided by the System by disconnecting the Building Sewer from the Lateral or inserting a shutoff valve in the Lateral or, in the alternative, for premises served by City water, water service may be shut off to the Premises, and the service so discontinued in either event shall not be reinstated until abatement of the nuisance or remedy of the ordinance violation and payment in full of all sums then due and owning, including fees and charges imposed under Article VIII, a shut off charge and turn on charge in the amount established by resolution of the City Council and all other costs and expenses incurred by the City in connection with this discontinuation of such service; or (iii) institute an action in any court of competent jurisdiction to enjoin the abatement of the nuisance or the remedy of the Ordinance violation or for damages and any other amounts unpaid under this Ordinance, including reasonable attorney fees and costs. These remedies shall be cumulative and shall be in addition to any other remedy provided in this Ordinance, including reasonable attorney fees and costs. Theses remedies shall be cumulative and shall be in addition to any other remedy provided in this ordinance or now or hereafter existing at law or inequity. This Ordinance shall not be construed to limit the power of the City 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. The Person who violated the Ordinance or permitted such Nuisance or violation to occur shall be responsible to the City for the costs and repairs or taking such action, as a Miscellaneous User Fee.

Section 1105. Any Person violating any of the provisions of this Ordinance shall become liable to the City and its representatives for any expense, including reasonable attorney’s fees, loss, or damage incurred by the City by reason of such violation, as a Miscellaneous User Fee.

Section 1106. The remedies provided by this Ordinance shall be deemed to be cumulative and not mutually exclusive.

ARTICLE X11 – Validity

Section 1201. This Ordinance is intended to replace and supersede all currently existing City ordinances pertaining to the administration, use, connection and related matters pertaining to the System, including the setting of rates and fees. Accordingly, all ordinances or parts of the ordinances in conflict herewith and relating to the System are hereby repealed.

Section 1202. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts.

Section 1203. If any provision of applicable state or federal law imposes greater restrictions than are set forth in this Ordinance then the provisions of such state or federal law shall control.

ARTICLE XIII – Publication and Effective Date

Section 1301. A true copy of this Ordinance shall be published in the Greenville Daily News with thirty (30) days after the adoption of the Ordinance by the City.

Section 1302. This Ordinance shall be in full force and effect on ______1, 1989.

ARTICLE XIV – Amendment

Section 1401. The City specifically reserves the right to amend this ordinance in whole or in part, at one or more times hereafter, or to repeal the same, and by such amendment to repeal, abandon, increase, decrease or otherwise modify any of the fees, charges or rates herein.

APPENDIX I – Calculation of Units

The City shall assign one (1) or more Units to each User based upon the greater of the Units determined below under I (based upon categories of use) or II (based on size of water meter).

I. CATEGORIES OF USE

	USER		UNIT
	Residential Users
		Single Family Residence	1
		Apartment	1
		Condominium Unit	1

Industrial Users, Commercial Users, Institutional Users, Governmental Users

A minimum of 1 unit shall be assigned to each such User regardless of how many Users occupy a single Premises and without regard to whether a single Premises is served by a single water meter or multiple water meters.

All Users

If a business is located in a Premises used as a dwelling unit and (a) occupies more than     twenty-five percent (25%) of the living space, or (b) employs persons other than those     who reside in said dwelling unit, a minimum of two (2) Units shall be assigned to the         Premises, one (1) Unit as a Residential User and one (1) Unit as a Commercial, Institutional User, Industrial or Governmental Users, as the case may be.

If a Premises is used by separate business entities operating under separate licenses or Federal tax identification numbers, the Premises will be assigned a minimum of one (1) Unit for each such business, unless the business entities are commonly owned and are operated within the same suite or leasehold.

II. WATER METERS

	Size of Meters	Units
	3/4 inch or 5/8 inch	1 Unit
	1 inch	2 Units
	1-1/4 inch	3 Units
	1-1/2 inch	4 Units
	2 inches	6 Units
	2-1/2 inches	8 Units
	3 inches	10 Units
	4 inches	15 Units
	6 inches	20 Units

Examples:

1. A single family home with a ¾’’ meter will be charged one (1) Unit based upon use and meter size.
2. A single family home with a ¾’’ meter that includes a beauty parlor that occupies 30% of the home will be charged tow (2) Units based upon use.
3. A six (6) Unit apartment building with a 1’’ meter will be charged six (6) Units based upon use.
4. A six (6) Unit apartment building with a 2-1/2’’ meter will be charged eight (8) Units based upon meter size.
5. A building with a ¾’’ meter with a retail store in the first floor will be charged three (3) Units based upon use.
6. The number of Units charged in 5, above, would decrease to two (2) if the second floor instead had two (2) rooms for rent which had no kitchen facilities and shared a common bath off the hall.
7. A building with a 1-1/4’’ meter that is entirely lased out to five (5) separately owned tenants (a restaurant, travel agency, hardware store, gift shop and insurance agency) will be charged five (5) Units based upon use.
8. The number of Units charged in 7, above, will not change if the owner of the insurance agency also runs a real estate business out of the same office (each business is run by a separate corporation with separate Federal tax identification numbers and business licenses; both corporations are owned by the same individual).
9. The number of Units charged in 7, above, will not change is the owner of the gift shop and travel agency is the same individual (separate portions of the building are leased for each business).
10. The number of Units charged in 7, above, will increase to six (6) if the building has a 2’’ meter.

 

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ORDINANCE NO. 219 – AMENDMENT TO ORDINANCE NO. 141 (WATER SUPPLY SYSTEMS) & NO. 173 (SEWER)

CITY COUNCIL
CITY OF STANTON

AN ORDINANCE TO AMEND SECTIONS 1.01, 4.01, 4.03 AND 6.04 OF ORDINANCE NO. 141, TO ADD A DEFINITION FOR “READINESS TO SERVE FEE,” TO IDENTIFY CHARGES AND FEES FOR THE USE OF THE CITY’S WATER SUPPLY SYSTEM AND TO REMOVE REFERENCES TO QUARTERLY BILLINGS; TO REPEAL SECTION 6.01 OF ORDINANCE NO. 141 TO DELETE REFERENCES TO QUARTERLY BILLINGS; TO AMEND SECTION 802 OF ORDINANCE NO. 173 TO IDENTIFY SEWER USER FEES FOR THE CITY’S ORDINANCE NO. 173 TO IDENTIFY SEWER USER FEES FOR THE CITY’S SEWER SYSTEM; AND, TO REPEAL SECTION 808 OF ORDINANCE NO. 173 DELETING REFERENCES TO QUARTERLY BILLINGS.

THE CITY OF STANTON ORDAINS:

1. Amendment of Section 1.01 of Ordinance No. 141. That Section of 1.01 of Ordinance No. 141 is amended to read in its entirety as follows:

Section 1.01: Whenever used in this ordinance, except when otherwise indicated by the context:

1. The term “Charges for Water Services” shall be deemed to mean the amount charged to each Premises connected to the system for water services which may include factors for operation and maintenance and debt service.
2. The term “City” shall be construed to mean the City of Stanton.
3. The term “Connection Fee” shall be deemed to mean the amount charged at the time and in the amount hereinafter provided to a Premises connecting or being connected to the System and represents the proportionate cost allocable to such Premises for the facilities by which water services are immediately provided to the Premises and in addition, the cost of inspecting and approving the physical connection to the System and the issuance of a connection permit.
4. The term “Council” shall be construed to mean the Council of said City of Stanton, the legislative and governing body thereof.
5. The term “Department” shall be deemed to mean the City’s Department of Public Works or its successor.
6. The term “Disconnection Fee” shall be deemed to mean the amount charged by the City to the owner of a Premises to offset the actual cost of disconnection said Premises from the System and the administrative procedures necessitated thereby.
7. The term “Fire Protection Fee” shall be deemed to mean the amount charged to each Premises for fire protection afforded to said Premises by the System.
8. The term “Hydrant Rental Charge” shall be deemed to mean the amount charged to the City for general fire protection of the public.
9. The term “Premises” shall be deemed to mean the lands included within the boundaries of a single description as set forth, from time to time, on the general tax rolls of the City as a single taxable item in the name of the taxpayer or taxpayers at one address but in the case of platted lots shall be limited to a single platted lot unless an existing building or structure is so located on more than one lot as to make the same a single description for purposes of assessment or conveyance now or hereafter.
10. The term “Readiness to Serve Fee” shall be deemed to mean the amount charged for the availability of the Water Supply System to each Premises.
11. The term “Water Services” shall be deemed to refer to the provision of water by the Water Supply System to Premises, now or hereafter.
12. The term “Water Supply System” shall be construed to include all wells, pumps, pumphouses, water mains, storage facilities, treatment facilities, and all other facilities used or useful in connection with the obtaining of a water supply, the treatment of water, and for the distribution of water for domestic, commercial or industrial uses and for fire protection purposes, including all appurtenances thereto now owned by the City or hereafter acquired and all extensions and improvements thereto hereafter made, located in the City. The term “System” when used alone shall be construed to refer to such water supply system.

2. Amendment of Section 4.01 of Ordinance 141. That Section 4.01 of Ordinance No. 141 is amended to read in its entirety as follows:

Section 4.01: The following monthly charges and fees shall apply to the provision of water service:

1. A Readiness to Serve Fee for all Premises for which water service is available at the following rates:
   Metered systems: $16.24 per month or any portion thereof. Additional units for   residential owner occupied $7.74, and a non-owner occupied $11.18.
2. Charges for water services shall include a commodity charge per $3.15 per thousand gallons per month.
3. On July 1^st of each year after the effective date of this Ordinance, the readiness to serve fee and commodity charge shall be increase by the amount of two percent or the consumer general price level, whichever is greater. The adjustments to the readiness to serve fee and commodity charge shall thereafter constitute the readiness to serve fee and commodity charge for purposes of administering Ordinance No. 141, as amended. For purposes of Ordinance No. 141, amended, consumer general price level shall mean the annual averages of the 12 monthly values of the preceding calendar year for the United States consumer price index for all urban consumers as developed and officially reported by the United State Department of Labor, Bureau of Labor Statistics.

3. Amendment of Section 4.03 of Ordinance 141. That Section 4.03 of Ordinance No. 141 is amended to read in its entirety as follows:

Section 4.03: The minimum charge shall be due and payable for each Premises without      regard to the use of any such Premises on a part-time or seasonal basis.

4. Repeal of Section 6.01 of Ordinance 141. That Section 6.01 of Ordinance No. 141 is deleted in its entirety.

5. Amendment of Section 6.04 of Ordinance 141. That Section 6.04 of Ordinance No. 141 is amended to read in its entirety as follows:

Section 6.04: At the discretion of the City, an estimated bill based upon the prior billing    period may be prepared in lieu of a bill based upon actual meter readings. Except in the case of an inoperative or malfunctioning water meter, however, estimated bills may not     be utilized for more than two consecutive billing periods.

6. Amendment of Section 802 of Ordinance 173. That Section 802 of Ordinance No. 173 is amended to read in its entirety as follows:

Section 802. Sewer Use Fee.

Users shall be charged monthly fee for use if the public sewer as follows:

1. Users Connected to the City’s Public Water System. The fee shall be computed as follows:
   1. A Readiness to Serve Fee and Sewer User Fee for all Premises for which sewer service is available at the following rates:
      1. Metered systems: $17.64 per unit per month or any portion thereof. Additional units for residential owner occupied $9.74, and non-owner occupied $12.18
      2. Non-metered systems: $24.05 per unit per month or any portion thereof.
   2. Commodity charge shall be $2.89 per thousand gallons of metered public water usage per billing period.
   3. The volume of public water used for lawn sprinkling, irrigation and similar outdoor uses, as recorded by a separate meter installed by the Owner of the Premises at the Owner’s cost on the external faucet of a building (provided that the meter type and installation shall be subject to approval an inspection by the City), shall be subtracted from the total metered public water usage in calculating the Sewer User Fee.
2. On July 1^st of each year after the effective date of this Ordinance, the readiness to serve fee, sewer use fee, and commodity charge shall be increased by the amount of two percent or the consumer general price level, whichever is greater. The adjustments to these fees shall thereafter constitute the readiness to serve fee, sewer use fee, and commodity charge for purposes of administering Ordinance No. 173, as amended. For purposes of Ordinance No. 173, amended, consumer general price level shall mean the annual averages of the 12 monthly values of the preceding calendar year for the United States consumer price index for all urban consumers as developed and officially reported by the United States Department of Labor, Bureau of Labor Statistics.

7. Repeal of Section 808 of Ordinance 173. That Section 808 of Ordinance No. 173 is deleted in its entirety.

8. Effective Date: This Ordinance shall become effective upon it publication but not less than ten days after its adoption as provided by law.

Adopted: June 28, 2011
Effective: July 1, 2011

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