§ 50.21 SEWER USER CHARGE SYSTEM.
 
   (A)   All premises connected directly or indirectly to the sanitary sewers of the village, except as hereinafter provided, shall be charged and shall make monthly payments to the village in amounts computed on the basis of the number of residential equivalents assigned to such premises in accordance with the residential equivalence table in § 50.26, one residential equivalent representing the average quantity of sewage generated by and emanating from a single-family residence. The Village Council may, for sufficient reason, make exceptions to or change any of such residential equivalents or establish residential equivalents for types of premises not listed.
   (B)   The monthly sewer user charges shall consist of a user O and M charge and a user debt retirement charge.
   (C)   The monthly user O and M charge per residential equivalent shall be an amount established from time to time by resolution of the Village Council and shall consist of a basic charge for operation, replacement, and depreciation of the sewage works.
   (D)   The monthly user debt retirement charge per residential equivalent shall be an amount established from time to time by resolution of the Village Council and shall consist of a basic charge for bond indebtedness of the sewage works.
   (E)   The Village Council may enter into a contract with any incorporated resort association or other incorporated association, subdivider, or developer whereby such association, subdivider, or developer shall agree to pay to the village a user O and M charge and a user debt retirement charge as established in this subchapter and in amounts computed on the basis of the number of residential equivalents assigned to such association, subdivider, or developer in accordance with the residential equivalence table set forth in § 50.26.
   (F)   The charges and rates for sewer services imposed by divisions (C) and (D) above and authorized under the provisions of Public Act 94 of 1933, § 21, being M.C.L.A. § 141.121, as amended, shall constitute a lien on all premises served thereby whenever any such charges or rates shall be delinquent for six months or more, unless notice is given that a tenant is responsible for the payment of all such charges and rates. On April 1 of each year, the Village Clerk shall certify to the tax assessing officer for the village, the fact of such delinquency, whereupon such delinquent charges and rates shall be entered upon the next tax roll as charges against such premises and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by Public Act 94 of 1933, § 21, being M.C.L.A. § 141.121, as amended, no further service shall be rendered to such premises until a cash deposit in an amount established by resolution of the Village Council shall have been made as security for payment of such charges and service.
   (G)   The Village Council shall have the right to adjust the user O and M charge based on an annual audit review of the sewage works operation and maintenance costs. Such an audit review shall be conducted annually by the Harbor Springs Area Sewage Disposal Authority.
   (H)   It is anticipated that the user debt retirement charge will be discontinued when all obligations of the village for payment of the capital cost of the sewage works have been fully paid.
   (I)   All customers of the sewage works will be included in a user class and each user class will pay for its proportionate use of the sewage works in terms of volume and pollutant loading. Sewer user charges are levied to defray the cost of operation, maintenance (including replacement and depreciation), and debt retirement of the sewage works. The classes of users of the sewage works, for the purpose of determining the user charges, shall be as follows:
      (1)   Class I - Residential: shall include those customers which discharge only segregated domestic wastes or wastes from sanitary conveniences and are defined as residential users in § 50.01;
      (2)   Class II - Commercial: shall include those customers which discharge only segregated domestic wastes or wastes from sanitary conveniences and are defined as commercial users in § 50.01;
      (3)   Class III - Institutional: shall include those customers which discharge only segregated domestic wastes or wastes from sanitary conveniences and are defined as institutional users in § 50.01;
      (4)   Class IV - Governmental: shall include those customers which discharge only segregated domestic wastes or wastes from sanitary conveniences and are defined as governmental users in § 50.01; and
      (5)   Class V - Industrial: shall include those customers which discharge industrial sewage and are defined as industrial users in § 50.01.
   (J)   Each industrial user, as defined above, shall pay its share of the operation, maintenance, replacement, and depreciation costs for treatment of the industrial sewage, plus an amount that may be paid by industrial users for the recovery of the portion of federal grants allocable to the treatment of industrial sewage as defined in § 50.22.
   (K)   Each industrial sewer customer that discharges to the system process wastewater which does not exceed the limits of normal strength sewage shall be charged and shall make quarterly payments to the village in amounts based on the number of residential equivalents assigned to such premises. The number of residential equivalents shall be determined by dividing the average daily discharge in gallons per day (computed using the month of the year with the highest discharge) by 200 gallons. When less than 200 gallons per day are discharged to the system one equivalent will be assigned. Where fractional units above 1.00 are computed, the nearest whole number will be assigned.
   (L)   Each industrial user that proposes to discharge to the system process wastewater which exceeds the limits of normal strength sewage will be required to either: provide satisfactory pre-treatment to reduce the strength of the wastewater to normal strength sewage; or pay a surcharge expressed in additional residential equivalents determined by the relative concentration of B.O.D., suspended solids, or other pollutant as compared to normal strength sewage. The total number of residential equivalents, adjusted to include the surcharge, shall be determined by the following relationship, but in no case be less than the residential equivalents computed in division (K) above.
 
R t = Rf (.4 + .3 B + .3 S + P )
           200 mg/l      250 mg/l      Pn
 
   Rt: total number of residential equivalents
   Rf: number of residential equivalents based on flow as computed in division (K) above
   B: concentration of B.O.D discharged by user (mg/l) - value not to be less than 200 mg/l
   S: concentration of suspended solids discharged by user (mg/l) - value not to be less than 250 mg/l
   P: concentration of any pollutant discharged by user (mg/l)
   Pn: concentration of any pollutant determined to be acceptable as normal strength sewage
   X: factor to be determined on an individual basis
   (M)   Prior to discharging to the system process wastewater which exceeds the limits of normal strength sewage a permit must be obtained from the village and the Harbor Springs Area Sewage Disposal Authority.
(Ord. 75-36, passed 11-5-1976; Ord. 2 of 2002, passed 4-15-2002) Penalty, see § 50.99