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(A) Unlawful discharge. It shall be unlawful for any person to place, discharge, or permit to be discharged in any unsanitary manner on public or private property within the village, or in any area under the jurisdiction of said village, any human or animal excrement, garbage, or other waste or wastewater, unless licensed to do so by the village or as controlled by other ordinances.
(B) Discharge to natural outlet. It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of said village, or in any area covered by an agreement provided for in § 50.01, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and the standards of the State Department of Natural Resources.
(C) Private wastewater disposal. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(D) Mandatory connection.
(1) All property with primary structures, as defined Ch. 157, or, in the case of properties outside the boundaries of the village covered by an agreement referenced in § 50.01, all property with primary structures as defined in the zoning ordinance of the governmental entity having zoning jurisdiction over said property, shall connect to the village’s sewage disposal system, provided, a public sanitary sewer main is within 200 feet (61 meters) of the property from which sewage originates and there is sufficient capacity in the sewage disposal system. All expenses to plumb the structure for connection and to construct the building sewer line for connection to the public sanitary sewer main shall be borne by the property owner.
(2) Properties with primary structures not connected to a public sanitary sewer main and meeting the criteria for connection shall connect to one within 90 days of receipt of a notice from the Village Council to do so. Property owners have 21 days from receipt of the notice to request a waiver from the Village Council from the requirement to connect.
(3) Upon an application from the property owner, the Village Council may waive the mandatory connection requirement on the basis of unique circumstances when an alternative sewage disposal system provided for in this chapter is used. The Council may limit the time period or attach any reasonable conditions to the granted waiver. Council will enter into the record the reasons for approving or denying the waiver with any applicable time limitations and conditions.
(E) Unlawful use. No person shall discharge any waste or other substance directly into a manhole, catch basin, or sewer inlet. All discharges to the sewer shall be through a sewer connection. Nothing in this provision shall restrict the use of a catch basin for stormwater in the storm sewer system.
(F) Private treatment permit. Where treatment is provided prior to discharge into any natural outlet, a permit for such discharge shall be obtained from the Director and shall be renewed each year. The fees charged for issuance and renewal of the permit shall be set by the Village Council. The person receiving the permit shall show the character of the discharge by type and quantity of all compatible and incompatible pollutants. Provisions shall be made for observing treatment facilities and testing discharge for the use of the Director.
(G) Stormwater discharge permit. A permit shall be required for all stormwater and uncontaminated wastewater connections to any natural outlet in the village or any area under the jurisdiction of the village. Adequate provisions shall be made for observing and testing at each such connection.
(1984 Code. § 7-01-03-030) (Ord. 98, passed 9-30-1980; Ord. 221, passed 2-25-1992; Ord. 227, passed 1-26-1993; Ord. 352, passed 11-10-2002) Penalty, see § 52.99
(A) Allowed use of private sewage disposal. Where a public sanitary or combined sewer is not available or when the Village Council has waived connection to such system under the provisions of this chapter, the building sewer shall be connected to a private sewage disposal system in accordance with the provisions of this chapter, other ordinances of the village, or the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. § 338.3511, currently administered by the village, as appropriate.
(B) Private disposal permit. No person shall construct or install a private sewage disposal system without first applying to the County Health Department for and obtaining a permit to construct and operate the system.
(C) Inspections required. A permit to operate a private sewage disposal system shall not become effective until such installation is approved by the County Health Department, which shall be allowed to inspect such system at any state of construction. The applicant for the permit shall notify the Director and the County Health Department when the system is completed and ready for final inspection, but before any underground portions are covered.
(D) Health requirements. The type, capacity, location, and layout of any private sewage disposal system shall comply with the rules and regulations of the State Department of Health and the County Department of Public Health.
(E) Illegal discharge. No septic tank or cesspool shall be permitted to discharge into any impoundment, stream, surface water, or other watercourse.
(F) Required abandonment of private facilities. At such time as the public sewer becomes available to a property served by a private sewage disposal system, as provided in this chapter, a direct connection shall be made to the public sewer in accordance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, pumped dry, and filled with suitable material such as sand, gravel, or concrete.
(G) Continual operation. The owner of a private sewage disposal facility shall maintain and operate such facility in a sanitary manner at all times.
(1984 Code. § 7-01-03-040) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993)
Before any sanitary sewer system constructed by private, as distinguished from public funding (hereinafter referred to as the “private sanitary sewer”), shall be permitted to connect to the system, the owner of said system (hereinafter referred to as “developer”), shall do and provide the village with the following:
(A) Provide the village with the developer’s plans and specifications for construction, an estimate of the cost of construction, a performance bond and deposit with the village the estimated cost of review of the construction plan, to cover the cost of hiring a registered professional engineer to review plans and specifications, which monies shall be placed by the village in an escrow account in the name of said developer;
(B) Obtain approval of the village of the plans and specifications;
(C) Secure all necessary permits for construction;
(D) Upon commencement of construction of the private sanitary sewer, deposit with the village in the escrow account referred to in division (A) above, a sum of 4% of the cost of construction of the wastewater system improvements to cover the anticipated cost of inspection of construction and payment of connection charges; and
(E) Upon completion of connection of the private sanitary sewer to the system, the performance bond, upon recommendation of the Villages Engineer and approval of the Village Council, shall be released and any monies remaining in the developer’s escrow account shall be returned to the developer. Any additional expenses incurred by the village in assuring the village that the private sanitary sewer is properly operating shall be deducted therefrom or charged directly to the developer, at the option of the village.
(1984 Code. § 7-01-03-050) (Ord. 98, passed 9-30-1980)
Any industry or structure discharging or desiring to discharge industrial waste to the system shall provide the village with the following information or material and do the following:
(A) A written statement setting forth the nature of the enterprise, the source and amount of water used; the amount of water to be discharged, with its present or expected bacterial, physical, chemical, radioactive; or other pertinent characteristics of the wastes;
(B) A plan map of the building, works, or complex, with each outfall to the surface waters, sanitary sewer, storm sewer, natural watercourse, or groundwater noted, described and the waste stream identified;
(C) A test sample, and shall file reports with the village and the appropriate state agencies on appropriate characteristics of wastes on a schedule, at locations and according to methods approved by the village;
(D) Place waste treatment facilities, process faculties, waste streams, or other potential waste problems under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities;
(E) A report on raw materials entering the process or support systems, intermediate materials, final products, and waste by-products, as these factors may pertain to waste control;
(F) Maintain records and file reports on the final disposal of specific liquid, solid, sludge, oils, radioactive materials, solvents, or other waste; and
(G) If any industrial process is to be altered as to include or negate a process waste or potential waste, written notification shall be given to the village, subject to approval of the waste product.
(1984 Code. § 7-01-03-060) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993)
(A) Connection permit required. No person may construct a building sewer and connect it to the village’s sewage disposal system without first receiving permission from the village. Application shall be made to the village on its forms at least seven days before the requested connection date. No application shall be accepted unless accompanied by the required fee. Failure to submit the application timely may result in delays, but may not be the basis for rejection of the application.
(B) Responsibility.
(1) The property owner is responsible for maintaining and preserving the good working conditions of the building sewer line up to and including the connection to the public sanitary sewer main or other proper sewage disposal point.
(2) If any building sewer line, or any portion thereof passes over or through premises which at the time of installation are the property of persons other than the owner of the premises to be served by the building sewer line, evidence of an easement acceptable to the village must be presented to the village before a connection permit may be issued for such line. The easement shall be recorded with the County Register of Deeds at the expense of the owner being served.
(C) Sewer requirements.
(1) All sewer connections shall be made with approved sewer pipe, not less than six inches in diameter, and at such locations in the public sewers where branches, wyes, or tees were placed for that purpose, if any. Where there are no branches, wyes, or tees, the sewer may, for the purpose of making connections, be tapped under the direction and supervision of the Director and the connection shall be made by a saddle device approved by the Director.
(2) All work for the purpose of making sewer and water connections shall be done in compliance with the rules and regulations adopted by the village and the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. § 338.3511, enforced by the village. The materials of construction and construction methods must meet the requirements of the village.
(3) Whenever any existing sewer connections have been made with pipe smaller than six inches in internal diameter, then a stub connection not less than six inches in internal diameter shall be constructed from the main to the property line to serve such premises; however, the owner of any lot or parcel of land having a sewer connection of less than six inches internal diameter shall not be required to connect to the new stub connection until such time as existing connection is inadequate or requires repairing in public property.
(4) In no case shall the village issue a permit to repair an existing connection less than six inches in diameter under a pavement or gravel street where a six-inch stub line has been constructed, and if there is no six-inch stub line constructed, then the connection of less than six inches in diameter shall be replaced with a six-inch tile at the time when replacements or repair become necessary.
(D) Failure to connect. In the event the owner of a parcel of land fails to connect within the time permitted by the State Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq. the village shall proceed to take such action as is authorized by the said Public Health Code to require the connection.
(E) Deferment of connection fee. Property owners, by reason of financial hardship, who are unable to pay the connection fee, may request to have the fee deferred until a later time under the following conditions and according to policies adopted by Council from time to time:
(1) Paying such fee would, by reason of age, indigency, or any other factor affecting ability to pay, tend to cause the property owner to become a public charge, or would otherwise work undue hardship upon the property owner;
(2) Deferring the connection fee from collection would not impair the financial standing of the village or the village’s sewage disposal system;
(3) Deferring the collection of the connection fee is in the best interest of the village; and
(4) No connection fee shall be deferred unless the property owners execute a note to the village secured by a real estate mortgage of the property being connected in order to ensure the eventual payment of the fee with the following conditions:
(a) The balance(s) due upon any other mortgages that are liens on the property to be connected and that have precedence over the village’s mortgages are such as to leave a sufficient equity in the property as to provide adequate protection and security to the village for the eventual payment;
(b) The note and mortgage may provide for an extension beyond the death of the mortgagor if necessary to protect the homestead of a surviving spouse or other dependent of the mortgagor;
(c) The note may bear interest at a rate determined by the Village Council;
(d) The note shall be payable in such number of years as the Village Council may determine, but in any event, shall be due and payable in full upon the death of the mortgagors or the sale of the property;
(e) The note shall provide that failure to pay real property taxes upon or personal property taxes in connection with the mortgaged property may be grounds for acceleration of the due date of such note and mortgage; and
(f) The note shall require the mortgagor to keep the real property insured with companies and in amounts acceptable to the village.
(F) Permit information. The Director shall keep a record of all permits granted under the authority of this chapter which shall include the name of the applicant and contractor, the location of the work, and the place in the street where the connection is to be made.
(G) Transferability of connection permits. Connection permits are issued for a specific property and are not transferable from one property to another. A permit runs with the land and stays with the property for which the permit was issued.
(H) Issuing connection permits to applicants outside village limits. Except as may be otherwise provided in a separate written agreement approved by no less than five of seven members of the Village Council, as provided for in section §§ 50.01 and 51.02, when application is made for permission to connect premises located outside of the village limits to the village’s sanitary sewer system, the Village Council may authorize the Village Manager to giant a permit for said connection upon the following terms and conditions:
(1) The premises for which the connection application is made abuts or is adjacent to a public right-of-way where a properly sized sanitary sewer main exists;
(2) The owner of the premises for which connection is sought submits with the application written permission from the governmental unit in which the premises are located to make the connection and an agreement from the governmental unit that it will place any delinquent sewage disposal charges, plus interest and penalties on the real property taxes of this property according to the procedures contained in Public Acts 94 of 1933, being M.C.L.A. §§ 141.101 et seq., as amended;
(3) The owner of the premises for which connection is sought acknowledges that all plumbing facilities within the building to be connected are installed according to the Plumbing Code, Public Act 733 of 2002, being M.C.L.A. 338.3511, currently enforced by the village;
(4) The owner of the premises for which connection is sought agrees to place a water meter in a location that meets village requirements;
(5) The owner of the premises for which connection is sought agrees to install in the building sewer line at or near the public right-of-way line an approved mechanism that can be accessed only by the village and that, when accessed, will stop the flow of waste to the sanitary sewer main;
(6) The owner of the premises for which connection is sought agrees to be bound by the rules and regulations of the village for the furnishing of sewage disposal service to the connected building, including rates, fees, and charges; and
(7) The owner of the premises for which connection is sought shall pay at the time of application a connection fee equal to 200% of the connection permit fee charged to premises situated within the village limits.
(I) Separate sewers. A separate and independent building sewer line shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, easement, or driveway, the building sewer from the front building may be extended to the rear building, and the whole shall be considered as one building sewer. No privately-owned sewer line, whether said line is located on the property being connected to the sewage disposal system, on the property of another as provided for in an easement, or in a public right-of-way shall be used to connect more than one premises.
(J) Work on private property. Excavation and backfill for building sewers on private property may be made by the owner. Connections and installation of the building sewer on private property shall be made by a licensed plumbing contractor or licensed sewer contractor.
(K) New use of existing sewers. Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the village, to meet all requirements of this chapter.
(L) Elevation of connection. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Director and discharged to the building sewer.
(M) Prohibited surface runoff connections. No person or owner shall make connection of roof downspouts, areaway drains, or other sources of surface runoff to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(N) Prohibited groundwater connections. Exterior foundation drain or other sources of groundwater shall not be connected to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(1984 Code. § 7-01-03-070) (Ord. 277, passed 6-10-1997; Ord. 352, passed 11-10-2002)
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