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SEWER RATE AND CONNECTION
Unless the context specifically indicates otherwise, the meaning of terms used in this subchapter shall be as defined in § 50.01.
(Ord. 75-36, passed 11-5-1976)
(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
(A) Each industrial user, as defined above and in § 50.01, that discharges to the system will be subject to an industrial cost recovery charge equal to each industrial user’s allocable share of the federal construction grant received after March 1, 1973 based on pollutant loading, volume, and delivery flow rate.
(B) An industrial user for the purpose of the industrial cost recovery system shall be as defined in § 50.01.
(C) A non-industrial user is any user of the treatment works that is not an industrial user. Non-industrial users are not subject to the industrial cost recovery system.
(D) The industrial cost recovery period is the time period that is provided to allow industrial users to pay their total industrial cost recovery charge. The period of time shall be equal to 30 years or the useful life of the treatment works, whichever is less, as determined by the village.
(E) (1) The industrial cost recovery charge for each industrial user shall be a portion of the federal construction grant amount equal in proportion to the industrial share of the total capacity of the treatment works in terms of strength, volume, and delivery flow rate. Specifically, the industrial share of the total capacity shall be determined by one of the three following relationships, whichever produces the largest value.
(a)
Industrial volume contribution per unit of time |
Plan design volume per unit of time |
(b) Industrial B.O.D. contribution per unit of time |
Plant B.O.D. design capacity per unit of time |
(c) Industrial suspended solids contribution per unit of time |
Plant suspended solids design capacity per unit of time |
(2) Industrial cost recovery charges shall be calculated and paid annually in an amount equal to the total industrial cost recovery charge for any industrial user divided by the number of years in the cost recovery period.
(F) Costs recovered from industrial users shall be deposited by the village in a separate account identified as the industrial cost recovery account. Funds shall be distributed from the industrial cost recovery account in accordance with U.S. Environmental Protection Agency rules and in the following manner.
(1) The village shall retain 50% of the total recovered amount. The remainder together with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis.
(2) Eighty percent of the retained amount, together with interest earned thereon, shall be used solely for the eligible costs of expansion or reconstruction of the treatment works. The remainder of the retained amount may be used as the village sees fit.
(3) Pending use, the village shall invest the retained amounts for expansion and reconstruction in: obligations of the U.S. government; obligations guaranteed as to principal and interest by the U.S. government or any agency thereof; or shall deposit said amounts in accounts fully collateralized by obligations of the U.S. government or by obligations fully guaranteed as to principal and interest by the U.S. government or any agency thereof.
(G) The Village Council shall have the right to adjust the industrial cost recovery charges to any industrial user that makes a significant change in the volume, strength, or delivery flow rate. Industrial users will only be required to pay for those years of the cost recovery period that they use the system and only at an annual rate in proportion to the length of the entire recovery period.
(Ord. 75-36, passed 11-5-1976)
All premises connected directly or indirectly to the sanitary sewers of the village shall be charged a $2,100 tap-in fee for each residential equivalent according to the residential equivalence table in § 50.26. The Village Council may for sufficient reasons make exceptions to or change any of such residential equivalents for types of premises not listed.
(Ord. passed 5-7-2012)
(A) Bills for sewage disposal service are due and payable at the business office of the village, or to any designated agent, on their date of issue, and if not paid by the fifteenth day thereafter, shall be deemed delinquent and shall be subject to a penalty as determined from time to time by the Village Council. Bills shall be dated and mailed monthly and shall cover one month’s service. If a bill is not paid within 30 days after its date of issuance, the village shall serve upon the customer a written notice of delinquency and, if it is not paid within 60 days after the date of issuance, the village may discontinue sewer service to the premises and take such other measures as are permitted by state law.
(B) All bills and notices relating to the conduct of the business of the village and of the sewage works will be mailed to the customer at the address listed on the application for the connection permit, unless a change of address has been filed in writing at the business office of the village; and the village shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused from non-payment of a bill or from any performance required in said notice.
(C) Applications for connection permits may be cancelled and/or sewer service disconnected by the village for any violation of any rule, regulation, or condition of service, and especially for any of the following reasons:
(1) Misrepresentation in the permit application as to the property or residential equivalents to be serviced by the sewage works;
(2) Non-payment of bills; and/or
(3) Improper or imperfect service pipes and fixtures or failure to keep the same in a suitable state of repair.
(D) Where the water or sewer service supplied to a customer has been discontinued for non-payment of delinquent bill, the village reserves the right to request a nominal sum be placed on deposit with the village for the purpose of establishing or maintaining any customer’s credit. The reconnection will not be made until after all delinquent bills and other charges, if any, owed by the customer to the village have been paid.
(E) The Village shall make all reasonable efforts to eliminate interruptions of service, and when such interruptions occur, will endeavor to re-establish service with the shortest possible delay. Whenever service is interrupted for purpose of working on the Sewage Works, all customers affected by such interruption will be notified in advance whenever it is possible to do so.
(F) (1) Owners of premises no longer being used for human occupancy may make a request in writing to the Village Clerk for a discontinuance of sewer service.
(2) Said premises shall not be re-occupied within one year of discontinuance of service until all monthly service charges have been paid from the date of service discontinuance through the current month of proposed re-occupancy and resumption of sewer service.
(3) If resumption of sewer service and re-occupancy does not occur within one year of discontinuance, a new tap-in fee as provided by § 50.23(A) shall be paid.
(Ord. 75-36, passed 11-5-1976; Ord. passed 3-3-1980; Ord. 1 of 2003, passed 2-3-2003)
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