§ 50.02 CROSS CONNECTIONS WITH THE PUBLIC WATER SUPPLY.

   (A)   The village adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Public Health, being R 325.11401 through R 325.11407 of the Michigan Administrative Code.

   (B)   It shall be the duty of the Water Superintendent to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Water Department and as approved by the Michigan Department of Public Health.

   (C)   The representative of the Water Department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the village for the purpose of inspecting the piping system or systems thereof for cross connections. On request, the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.

   (D)   The Water Department is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this section.

   (E)   The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this section and by the State and Village Plumbing Code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as “WATER UNSAFE FOR DRINKING.”

   (F)   This section does not supersede the State Plumbing Code but is supplementary to it.

   (G)   Any person or customer found guilty of violating any of the provisions of this section, or any written order of the Water Department, in pursuance thereof, shall be punished as provided in § 10.99. Each day upon which a violation of the provisions of this section shall occur shall be deemed a separate and additional violation for the purpose of this section.

(Ord. 22, passed 9-14-81) Penalty, see § 50.99

§ 50.03 DISCONNECTION OF UTILITY SERVICES FOR LATE PAYMENTS.

   (A)   It is the policy of the village to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The village's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:

      (1)   That all bills are due and payable on or before the date set forth on the bill; and

      (2)   That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within three months of the original due date, service will be discontinued for nonpayment; and

      (3)   That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the village official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.

   (B)   Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least three months.

   (C)   When it becomes necessary for the village to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due plus penalties have been paid, along with a turn-on charge to be established by the Village Council.

Statutory reference:

   Termination of utility services for nonpayment of a bill authorized, see M.C.L.A. § 141.121

§ 50.04 OPERATION AND MAINTENANCE OF THE WATER SUPPLY SYSTEM.

   (A)   It is hereby determined to be desirable and necessary, for the public health, safety and welfare of the village, that the water supply system of the village be operated on a public utility rate basis.

   (B)   Definitions.

      (1)   Whenever the words THE SYSTEM are referred to in this section, they shall be understood to mean the complete water supply system of the village, including all water mains, pumps, wells, storage tanks, valves, hydrants, treatment facilities, and all other facilities used or useful in collection, treatment and distribution, including appurtenances thereto and including extensions and improvements thereto which may hereafter be acquired.

      (2)   Whenever the words REVENUES and NET REVENUES are used in this section, they shall be understood to have the meanings as defined in Public Act 94 of 1933, being M.C.L.A. §§141.103 et seq., as amended.

   (C)   The operation, maintenance, alteration, repair and management of the system shall be under the supervision and control of the Village Council. The Village Council may employ such person or persons in such capacity or capacities as it deems advisable to carry on the efficient management and operation of the system and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the system.

   (D)   Rates to be charged for service furnished by the system shall be as follows:

      (1)   Establishment of water rates. The rates for water service charges are to be established by resolution of the Village Council, and may be established separately from time to time as necessary to ensure sufficiency of revenues in meeting the expenses of the water system. Rates need not be uniform for separate water supply districts.

      (2)   Special rates. For miscellaneous or special services for which a special rate shall be established, such rates shall be fixed by the Village Council.

      (3)   Billing. Bills will be rendered quarterly at the same time as the village sewer billings and shall bear the same payment and penalty provisions as the sewer bills.

      (4)   Enforcement.

         (a)   The charges for services which are under the provisions of Public Act 94 of 1933, § 21, being M.C.L.A. § 141.121, as amended, are made a lien on all premises served thereby, unless notice is given that a tenant is responsible, are hereby recognized to constitute such lien, and whenever any such charge against any parcel of property shall be delinquent for six months, the village official or officials in charge of the collection thereof shall certify annually, on March 1 of each year, to the tax assessing officer of the village the facts of such delinquency whereupon such charge shall be by him or her entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the manner as general village taxes against such premises are collected and the lien thereof enforced. Where notice is given that a tenant is responsible for such charges and the service as provided by M.C.L.A. § 141.121, no further service shall be rendered to such premises until a cash deposit shall have been made as security for payment of such charges and service.

         (b)   In addition to the foregoing, the village shall have the right to shut off water service to any premises for which charges for water service are more than three months delinquent, and such service shall not be reestablished until all delinquent charges and penalties and a turn-on charge, to be specified by the Village Council, have been paid. Further, such charges and penalties may be recovered by the village by court action.

   (E)   No free service shall be furnished by the system to any person, firm or corporation, or other legal entity, public or private, or to any public agency or instrumentality.

   (F)   The rates hereby fixed shall be estimated to be sufficient to provide for the payment of the expenses of administration and operation, such expenses for maintenance of the system as are necessary to preserve the same in good repair and working order, to provide for the payment of bonds of the village issued to improve the system, and to provide for such other expenditures and funds for the system as this section may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts.

   (G)   The system shall be operated on the basis of a fiscal year corresponding with that of the village sewer system.

   (H)   The revenues of the system shall be set aside and collected and deposited in a separate depository account in a designated bank duly qualified to do business in Michigan, in an account to be designated Water System Receiving Fund (hereinafter, for brevity, referred to as the Receiving Fund), and the revenues so deposited shall be managed in a manner as deemed by the Village Council to be appropriate and in the best interest of the system.

   (I)   Moneys in any fund or account established by the provisions of this section may be invested in obligations of the United States of America, in the manner and subject to the limitations provided in Public Act 94 of 1933, being M.C.L.A. §§ 141.101 et seq., as amended. In the event such investments are made, the securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds from which such purchase was made. Income received from such investments shall be credited to the fund from which the investments were made.

(Ord. passed 3-12-07)

SEWER USE REGULATIONS

§ 50.15 OPERATION AND MAINTENANCE OF THE SANITARY SEWAGE DISPOSAL SYSTEM.

   (A)   It is hereby determined to be desirable and necessary, for the public health, safety and welfare of the village, that the sanitary sewage disposal system of the village be operated on a public utility rate basis, in accordance with the provisions of Public Act 94 of 1933, being M.C.L.A. §§ 141.101 et seq., as amended.

   (B)   (1)   Whenever the words “the system” are referred to in this section, they shall be understood to mean the complete sanitary sewage disposal system of the village, including all sewers, pumps, lift stations, treatment facilities, and all other facilities used or useful in the collection, treatment and disposal of domestic, commercial or industrial wastes, including all appurtenances thereto and including all extensions and improvements thereto which may hereafter be acquired.

      (2)   Whenever the words “revenues” and “net revenues” are used in this section, they shall be understood to have the meanings as defined in Public Act 94 of 1933, § 3, being M.C.L.A. § 141.103, as amended.

   (C)   The operation, maintenance, alteration, repair and management of the system shall be under the supervision and control of the Village Council. The Village Council may employ such person or persons in such capacity or capacities as it deems advisable to carry on the efficient management and operation of the system and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the system.

   (D)   Rates to be charged for service furnished by the system shall be as follows:

      (1)   Sewer use charges. Sewer use charges shall be billed at the rate of .70 times the quarterly water bill for the premises.

      (2)   Special rates. For miscellaneous or special services for which a special rate shall be established, such rates shall be fixed by the Village Council.

      (3)   Billing. Bills will be rendered quarterly at the same time as the village water billings and shall bear the same payment and penalty provisions as the water bills.

      (4)   Enforcement.

         (a)   The charges for services which are under the provisions of Public Act 94 of 1933, § 21, being M.C.L.A. § 141.121, as amended, make a lien on all premises served thereby, unless notice is given that a tenant is responsible, are hereby recognized to constitute such lien, and whenever any such charge against any piece of property shall be delinquent for six months, the village official or officials in charge of the collection thereof shall certify annually, on March 1st of each year, to the tax-assessing officer of the village the facts of such delinquency whereupon such charge shall be by him or her entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the manner as general village taxes against such premises are collected and the lien thereof enforced. Where notice is given that a tenant is responsible for such charges and service as provided by M.C.L.A. § 141.121, no further service shall be rendered to such premises until a cash deposit in the amount of $20 shall have been made as security for payment of such charges and service.

         (b)   In addition to the foregoing, the village shall have the right to shut off water and sewer service to any premises for which charges for sewer service are more than three months delinquent, and such service shall not be reestablished until all delinquent charges and penalties and a turn-on charge, to be specified by the Village Council, have been paid. Further, such charges and penalties may be recovered by the village by court action.

   (E)   No free service shall be furnished by the system to any person, firm or corporation, public or private, or to any public agency or instrumentality.

   (F)   The rates hereby fixed are estimated to be sufficient to provide for the payment of the expenses of administration and operation, such expenses for maintenance of the system as are necessary to preserve the same in good repair and working order, to provide for the payment of general obligation bonds of the village issued to improve the system, and to provide for such other expenditures and funds for the system as this section may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts.

   (G)   The system shall be operated on the basis of a fiscal year corresponding with that of the village water system.

   (H)   The revenues of the system shall be set aside and collected and deposited in a separate depositary account in a designated bank duly qualified to do business in Michigan, in an account to be designated “Sewage Disposal System Receiving Fund” (hereinafter, for brevity, referred to as the “Receiving Fund”), and the revenues so deposited shall be transferred from the Receiving Fund periodically in the manner and at the times hereinafter specified.

      (1)   Operation and Maintenance Fund. Out of the revenues in the Receiving Fund there shall be first set aside quarterly into a depositary account, designated “Operation and Maintenance Fund,” a sum sufficient to provide for the payment of the next quarter's current expenses of administration and operation of the system and such current expenses for the maintenance thereof as may be necessary to preserve the same in good repair and working order.

      (2)   General Obligation Debt Retirement Fund. There shall next be established and maintained a depositary account, to be designated “General Obligation Debt Retirement Fund,” which shall be used solely for the payment of the General Obligation Sewage Disposal System Bonds, dated April 1, 1970, of the village. There shall be deposited in the fund quarterly, after requirements of the Operation and Maintenance Fund have been met, such sums as shall be necessary to pay the principal and interest on the bonds when due. Should the revenues of the system prove insufficient for this purpose, such revenues may be supplemented by any other funds of the village legally available for such purpose.

      (3)   Replacement Fund. There shall next be established and maintained a depositary account, designated “Replacement Fund,” which shall be used solely for the purpose of making major repairs and replacements to the system if needed. There shall be set aside into the fund, after provision has been made for the Operation and Maintenance Fund and the General Obligation Debt Retirement Fund, such revenues as the Village Council shall deem necessary for this purpose.

      (4)   Improvement Fund. There shall next be established and maintained an “Improvement Fund” for the purpose of making improvements, extensions and enlargements to the system. There shall be deposited into the fund, after providing for the foregoing fund, such revenues as the Village Council shall determine.

      (5)   Surplus moneys. Moneys remaining in the Receiving Fund at the end of any operating year, after full satisfaction of the requirements of the foregoing funds, may, at the option of the Village Council, be transferred to the Improvement Fund or used in connection with any other project of the village reasonably related to purposes of the system.

      (6)   Bank accounts. All moneys belonging to any of the foregoing funds or accounts may be kept in one bank account, in which event the moneys shall be allocated on the books and records of the village within this single bank account, in the manner above set forth.

   (I)   In the event the moneys in the Receiving Fund are insufficient to provide for the current requirements of the Operation and Maintenance Fund, any moneys or securities in other funds of the system, except sums in the General Obligation Debt Retirement Fund derived from tax levies, shall be transferred to the Operation and Maintenance Fund to the extent of any deficit therein.

   (J)   Moneys in any fund or account established by the provisions of this section may be invested in obligations of the United States of America, in the manner and subject to the limitations provided in Public Act 94 of 1933, being M.C.L.A. §§ 141.101 et seq., as amended. In the event such investments are made, the securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds from which such purchase was made. Income received from such investments shall be credited to the fund from which the investments were made.

(Ord. 19, passed 9-14-81; Am. Ord. 19A, passed 3-9-98)

§ 50.16 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° Centigrade, expressed in parts by million by weight.

   BUILDING DRAIN. That part of the lowest horizontal piping of the drainage system which receives the discharge from soil, waste and other drain pipes inside the walls of the building and conveys it to the building sewer.

   BUILDING SEWER. The sewer that connects the building drain with the public sewer or other place of disposal and conveys the sewage of one building.

   COMBINED SEWER. A sewer receiving sewage.

   GARBAGE. Solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, processing and sale of produce.

   HEALTH DEPARTMENT. The official Health Department of Clinton County.

   INDUSTRIAL WASTE. Liquid wastes, solids or semi-solids from industrial processes as distinct from sanitary sewage.

   MAY. Is permissive.

   NATURAL OUTLET. Any water course, pond, ditch, lake, or any other body of water, either surface or ground.

   PERSON. Any individual, firm, company, association, society, corporation or group.

   pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

   PLUMBING BOARD. The appointed Board of Plumbing of the village.

   PRIVATE SEWAGE DISPOSAL SYSTEM. Any septic tank, cesspool or other facilities intended or used for the disposal of sanitary sewage, and which is not owned and operated by the village.

   PROPERLY SHREDDED GARBAGE. Garbage that has been cut or shredded to such a degree that all particles will be carried away freely under flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension.

   PUBLIC SEWER. A sewer in which all owners of abutting property have equal rights and which is controlled by public authority.

   S.W.R.C. The State Water Resources Commission.

   SANITARY SEWAGE. The liquid or water-carried waste discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions.

   SANITARY SEWER. A sewer which carries sanitary sewage and industrial waste or either of them and to which storm water is not intentionally admitted.

   SEWAGE. Any combination of sanitary sewage, storm water, industrial wastes and uncontaminated industrial wastes, or any of them.

   SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.

   SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.

   SEWER. Any pipe, tile, tube or conduit for carrying sewage.

   SHALL. Is mandatory.

   STORM SEWER or STORM DRAIN. A sewer which carries the storm water and uncontaminated industrial wastes, or either of them.

   STORM WATER. That part of the rainfall or melted snow which reaches the sewers as runoff from natural land surface, building roofs or pavements, or as ground water infiltration or uncontaminated industrial water.

   SUSPENDED SOLIDS. The solids that either float on the surface of or are suspended in water, sewage of other liquids, and which are removable by laboratory filtering.

   UNCONTAMINATED INDUSTRIAL WASTES. Waste water which has not come into contact with any substance used in or incidental to industrial processing operations.

   WATER COURSE. An open channel, either natural or artificial, in which a flow of water occurs, either continuously or intermittently.

(Ord. 17, passed 9-14-81)

§ 50.17 USE OF PUBLIC SEWERS REQUIRED.

   (A)   It shall be unlawful for any person to place or deposit or permit to be deposited in any unsanitary manner upon any public or private property within the village or in any area under the jurisdiction of the village any human or animal excrement, garbage, or other objectionable waste.

   (B)   It shall be unlawful to discharge into any watercourse within the village or any area under the jurisdiction of the village any sanitary sewage, industrial waste, or other polluted water except were suitable treatment has been provided in accordance with the provision of this chapter and the statutes and regulations of the state.

   (C)   Except as hereinafter provided, it shall be unlawful to construct or repair any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

   (D)   The owner of all dwellings, buildings, structures or properties used for human occupancy, employment, recreation or other purposes, situated within the village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the village is hereby required at his or her own expense to install suitable toilet facilities and other sanitary conveniences therein, and to connect such facilities directly to the proper public sewer in accordance with the provisions of this chapter. The Village Council may require any such owner, pursuant to the authority conferred upon it by law or ordinance, to make such installation or connection, the cost of which shall be defrayed by the owner, which installation must be completed within two years from the effective date of this section and provided no repairs may be made to existing facilities.

(Ord. 17, passed 9-14-81) Penalty, see § 50.99