§ 51.126 SANITARY SEWER BOARD OF APPEALS.

   (A)   Creation of Board. A Sanitary Sewer Board of Appeals is hereby created to hear and consider all properly submitted appeals.

   (B)   Meetings and membership of Board. The Sanitary Sewer Board of Appeals shall meet as frequently as is necessary to hear all appeals properly submitted to it. All other matters relating to the meetings, qualifications for membership, appointment to office, term of office, and all other organizational matters of said Board shall be determined by resolution of the Commission.

   (C)   Authority of Board. The Sanitary Sewer Board of Appeals shall hear, consider, and make recommendations to the city of the following matters:

      (1)   Appeals pursuant to § 51.060(B) of this chapter to allow the property owner additional time in which to connect to the system, without penalty or legal action, because of adverse weather conditions;

      (2)   Appeals pursuant to § 51.101(C) of this chapter to review the equivalent unit factor assigned a property owner; and

      (3)   Applications for deferring partial or total payment of connection charges in the cases of undue hardship pursuant to § 51.102 of this chapter.

   (D)   Final action. After hearing and considering an appeal, the Sanitary Sewer Board of Appeals shall submit its recommendations as to the granting, denying, or modification of the decision appealed or relief being sought to the Commission, and the decision of the Commission on the matter shall be final.

(Ord. 622, passed 3-4-85; Am. Ord. 1019, passed 11-14-16; Am. Ord. 1074, passed 9-27-21)

§ 51.127 RIGHT OF ENTRY OF INSPECTORS.

   (A)   Right of entry. Agents of the city, the Michigan Department Environment, Great Lakes, and Energy or the U.S. Environmental Protection Agency shall have the right to enter all properties for the purpose of inspecting, measuring, sampling and testing the wastewater discharge as well as reviewing and copying all relevant records, and the performance of any additional duties.

      (1)   Where a user has security measures in force, which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Plant Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.

      (2)   The Plant Superintendent shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

      (3)   The Plant Superintendent may require the user to install, monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its owner expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

      (4)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Plant Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.

      (5)   Unreasonable delays in allowing the Plant Superintendent access to the user's premises shall be a violation of this chapter.

   (B)   Power and authority of inspectors.

      (1)   Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observations, measurement, sampling and testing in accordance with the provisions of this chapter. Inspectors shall be allowed to inspect and copy all relevant records.

      (2)   Duly authorized employees of the city may enter at all reasonable times in or upon private or public property for the purpose of inspecting and investigating conditions or practices which may be in violation of this chapter or detrimental to the system.

      (3)   Duly authorized employees of the city shall inspect the on-site work occurring by reason of any system permit. Such person shall have the right to issue a cease and desist order on the site upon finding a violation of said permit or this chapter. The order shall contain a statement of the specific violation and the appropriate means of correcting the same and the time within which correction shall be made.

   (C)   Search warrants. If the Plant Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, state statutes, or regulations, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City Manager may seek issuance of a search warrant from the Circuit Court for the County of Isabella.

(Ord. 622, passed 3-4-85; Am. Ord. 1074, passed 9-27-21)

§ 51.128 SUSPENSION OF SERVICE.

   The city reserves the right to immediately and effectively halt or prevent any discharge to the POTW (after informal notice to the discharger) which reasonably appears to present an imminent endangerment to the health or welfare of persons.

(Ord. 622, passed 3-4-85; Am. Ord. 689, passed 4-10-89; Am. Ord. 704, passed 4-11-91; Am. Ord. 727, passed 6-27-91; Am. Ord. 1074, passed 9-27-21)

§ 51.129 FISCAL YEAR, RECORDS AND FUNDS.

   (A)   Fiscal year. The fiscal year of the system shall commence on January 1 and end on December 31 in each year.

   (B)   Records and accounts. The city shall keep and maintain proper books and records and accounts separate from all other records and accounts of the city in which shall be made full and correct entries of all transactions relating to the system. The city shall cause an annual audit of such books and records and accounts of the preceding operating year to be made by a recognized independent certified public accountant and will supply such audit to authorized public officials upon proper request. The city shall use the results of the audit to make adjustments in funds, with deficiencies or surpluses. Any adjustments necessary for operation and maintenance costs shall be passed on to users of the systems

   (C)   Establishment of funds.

      (1)   Receiving funds. The revenues of the system shall be set aside as collected and deposited in a separate depository account at a bank qualified to do business in the state and designated by resolution of the Commission. Said account shall be designated 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.

      (2)   Operation and maintenance funds (O & M Funds). Out of the revenues of the Receiving Fund there shall be first set aside a fund designated as the "Operation and Maintenance Fund" a sum sufficient to provide for the next succeeding period of all current expenses for maintenance thereof as may be necessary to preserve the system in good repair and working order.

      (3)   Debt Retirement Fund. Revenues from the system are not generally to debt retirement since the improvements are being financed from general obligation bonds. Due, however, to the inclusion of a debt retirement component on the charges to non-taxpaying users, there shall be established a Debt Retirement Fund. There shall be deposited into this Fund sufficient revenues to cover the pro-rata share of debt retirement allocated to non-taxpaying customers.

      (4)   Replacement Fund. There shall be established and maintained a fund designated as "Water Resource Recovery Fund" which shall be used solely for replacement of equipment at the water resource recovery facility and pumping stations. The amount set aside each year shall conform to the established schedule. The Replacement Fund shall be collected and deposited in a depository bank account separate from the Receiving Fund account.

      (5)   Improvement Fund. There shall be next established and maintained a fund designated as the "Improvement Fund" which shall be used solely for the purpose of making improvements, extensions and enlargements to the system. There shall be deposited into said Fund such revenues as collected from the Improvement Fund charges. Such charges shall be determined by the Commission.

      (6)   Surplus Fund. Monies remaining in the Receiving Fund at the end of any operating year after full satisfaction of the foregoing funds, shall be hereafter used in connection with any other project of the city directly related to the purposes of the system. This shall not apply to all excess revenues collected from a class of users for operation and maintenance. Such excess revenues shall be applied to the cost of operation and maintenance attributable to that class for the next year, and that user class rate shall be adjusted accordingly.

      (7)   Bank accounts. All monies belonging to any of the foregoing funds or accounts may be kept in one bank account in which event the money shall be allocated on the books and records of the city within the single bank account in the manner set forth above.

      (8)   Deficiencies in funds. In the event the monies in the receiving fund are insufficient to provide the current requirements of the Operation and Maintenance Fund or Contract Payment Fund, any monies and/or securities or other funds of the system may be transferred to such fund, to the extent of any deficiency therein. All borrowed (transferred) funds shall be paid back to the funds or securities from which it was borrowed by raising the rates of that class, or classes, for which monies received were insufficient to provide for the current requirements of operation and maintenance.

      (9)   Investment of funds. Monies in any fund or account established by the provisions of this chapter may be invested or deposited in any lawful investments or deposits and may be invested in obligations of the United States of America in a manner and subject to any limitations set forth in the laws of the state. Income received from such investments shall be credited to the fund from which said investments were made, or pro rata in the case of a single bank account.

      (10)   Insurance. The city shall maintain and carry insurance on all physical properties of the system, of a kind and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sanitary sewage disposal systems. All monies received from losses under such insurance policy shall be applied solely to the replacement and restoration of the property damaged or destroyed.

   (D)   Signatures. All reports and documents required of the user by the POTW must be signed by an authorized representative of the user and are subject to federal and state regulations governing fraud and false statements.

(Ord. 622, passed 3-4-85; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)

§ 51.130 VIOLATIONS; CIVIL PROCEDURES.

   (A)   What constitutes a violation. Whenever, by the provisions of this chapter, the performance of any act is required or the performance of any act is prohibited, a failure to comply with such provisions shall constitute a violation of this chapter. In addition, the failure, neglect or refusal to comply with a cease and desist order of the enforcing agency shall constitute a violation of this chapter.

   (B)   Civil proceedings to compel compliance. When any violation of this chapter shall be deemed to be a nuisance per se, the city may bring a civil proceeding for a mandatory injunction or injunctive order or for such other remedial relief as will correct or remedy the violation, including damages for the costs or expenses thereof. The city may join in such action or actions any number of property owners or users of the system. The provision of such civil procedures shall be in addition to any criminal penalties provided herein above.

      (1)   Notification of violation. When the Plant Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Plant Superintendent may serve upon that user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Plant Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Plant Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

      (2)   Consent orders. The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document.

      (3)   Show cause hearing. The Superintendent may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

      (4)   Compliance orders. When the city finds that a user has violated, or continues to violate, any provision of this chapter a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

      (5)   Cease and desist orders.

         (a)   When the city finds that a user has violated, or continues to violate, any provision of this chapter a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to:

            1.    Immediately comply with all requirements; and

            2.    Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

         (b)   Issuance of a cease and desist order shall not be a bar against or a prerequisite for, taking any other action against the user.

      (6)   Emergency suspensions.

         (a)   The Plant Superintendent may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Plant Superintendent may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

            1.   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Plant Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Plant Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Plant Superintendent that the period of endangerment has passed, unless termination proceedings are initiated against the user.

            2.   A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Plant Superintendent prior to the date of any show cause or termination hearing.

         (b)   Nothing in this section shall be interpreted as requiring hearing prior to any emergency suspension under this section.

      (7)   Termination of discharge.

         (a)   In addition to the provisions in § 51.084(J) of this chapter, any user who violates the following conditions is subject to discharge termination:

            1.    Violation of wastewater discharge permit conditions;

            2.   Failure to accurately report the wastewater constituents and characteristics of its discharge;

            3.   Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

            4.   Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

            5.    Violation of the pretreatment standards in § 51.062 of this chapter.

         (b)   Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the Plant Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 622, passed 3-4-85; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)

§ 51.997 CIVIL PENALTIES.

   (A)   A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

   (B)   The city may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

   (C)   In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

   (D)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. 622, passed 3-4-85; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)

Cross-reference:

   Municipal civil infractions, see Chapter 36