For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORITY. The Sister Lakes Area Utility Authority.
AVAILABLE PUBLIC SANITARY SEWER SYSTEM. A public gravity flow sanitary sewer system (tapped or untapped) located in a right-of-way, easement, highway, street, or public way which crosses, adjoins, or abuts upon waterfront properties and passes within 600 feet at the nearest point of a Structure in which Sanitary Sewer Originates and, with respect to properties which are not waterfront properties, passes not more than 250 feet at the nearest point from a Structure in which Sanitary Sewage Originates.
BENEFIT COMPONENT. A portion of the Connection Fee which is based upon Units.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge of Sewage inside of the walls of the building and conveys said discharge to the Building Sewer.
BUILDING SEWER. The extension from the Building Drain which conveys the discharge of Sewage to the Service Connection or other place of disposal.
CITY. The City of Dowagiac, Michigan.
CITY COLLECTION SYSTEM. The portion of the City of Dowagiac’s sanitary sewer system which collects Sewage from the M-51 Interceptor at the intersection of West Prairie Ronde Street and North Orchard Street in the City and transports the Sewage therefrom to the Wastewater Treatment Plant.
COMMON FUND. The fund established to receive collections of Sewer Rates and Charges and special assessments pursuant to paragraph ten of the Contract and held and administered by the Authority in accordance with the Contract.
CONNECTION FEE. The charge imposed by the Township to grant permission to connect a Building Sewer to the Public Sewer System. This FEE represents a portion of the cost attributable to a Premises for making the System available to service said premises and includes a Benefit Component and a Frontage Component. (See also DIRECT CONNECTION and INDIRECT CONNECTION).
CONTRACT. The Sister Lakes Sanitary Sewage Disposal System Contract, dated September 1, 2000, as amended by the First Amendment to Sister Lakes Sanitary Sewer Disposal System Contract dated as of March 1, 2001, by and between the County, the County of Cass, the Townships and the Authority.
COST OF OPERATION AND MAINTENANCE. All costs, direct and indirect, inclusive of all expenditures attributable to administration, Cost of Replacement, treatment (in accordance with the Wastewater Treatment Agreement) and collection of Sewage, necessary to ensure adequate collection, transportation, and treatment of Sewage on a continuing basis in conformance with the City’s discharge permit, and other applicable local, state, and federal regulations.
COST OF REPLACEMENT. Expenditures and costs for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the system to maintain the capacity and performance for which the System was designed and constructed.
COUNTY. The County of Van Buren, Michigan, acting by and through its Board of Public Works pursuant to Public Act 185 of 1957, as amended, being M.C.L.A. §§ 123.731 through 123.786.
DIRECT CONNECTION. The connection of the Building Sewer directly to the Public Sewer System.
DRAINAGE VIOLATION FEE. A drainage violation fee in an amount per month per unit determined from time to time by resolution of the Township Board shall be charged periodically to the owner of a premises connected to the Public Sewer System for the drainage service rendered to the premises:
(1) If the premises has a footing drain or drains connected to the Public Sewer System or there is a discharge from the premises of, or the owner or any occupant of the premises shall discharge or cause to be discharged, any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted air conditioning water, or unpolluted industrial process waters to the Public Sewer System, in violation of this chapter or the Sister Lakes Area Sanitary Sewage Disposal System; or
(2) In the event the owners or occupants of a premises shall deny access to the Township, the Authority, the County, or the City or an authorized representative thereof, including the Township Inspector, bearing proper credentials and identification, to the premises between the hours of 8:00 a.m. and 5:00 p.m. during any weekday or at such other time as may be reasonable, which access has been requested by mail or in person for the purpose of inspection of the premises for any such connections or discharges of the type set forth in division (1) above. For a premises with an unauthorized drainage connection, the DRAINAGE VIOLATION FEE shall accrue as of the date of the connection, provided that a drainage violation fee shall not be charged for more than one year past drainage service. When access to a premises is denied under this division (2), said drainage violation fee shall accrue 30 days after notice by certified mail is given to the owner of such failure to gain access. Any changes or corrections to eliminate any such connection or discharge must be approved by the Township and the drainage violation fee shall continue until such approval is given.
DWELLING UNIT. For purposes of assigning units, a DWELLING UNIT shall contain, at a minimum: sleeping facilities; a toilet, bath, or shower; and a kitchen.
FRONTAGE COMPONENT. A portion of the Connection Fee which is based upon assessable frontage of the lot adjacent to an Available Public Sanitary Sewer System.
HEALTH DEPARTMENT. Cass County Health Department.
INDIRECT CONNECTION. The connection of a Building Sewer to a sewage collection system which is installed to applicable Township specification and approval and paid for by special assessment or private funds, which Sewage collection system serves multiple Users and is, after construction, turned over to the Township and becomes part of the Public Sewer System (e.g., if a developer constructs sanitary sewers in a plat and connects the collection sewers to the Public Sewer System, the connection of each lot in the plat would be an Indirect Connection).
INSPECTION FEE. The amount charged to each applicant by the Township at the time an application is made to the Township for connection, disconnection, or reconnection to the Public Sewer System to cover the routine cost of inspecting and approving the physical connection of a Building Sewer and Service Connection to the Public Sewer System, and the issuance of a connection permit.
KEELER. The Township of Keeler, located in Van Buren County, Michigan.
M-51 INTERCEPTOR. The existing sanitary sewer interceptor which is located in Silver Creek Township and extends parallel to M-51 from Five Mile Corner to the City and consists of the 15-inch diameter gravity interceptor between Five Mile Corner and Dowagiac Creek, the lift station at Dowagiac Creek, and the ten-inch diameter force main interceptor from Dowagiac Creek to the City’s existing 18-inch diameter sanitary sewer located at the intersection of West Prairie Ronde Street and North Orchard Street in the City.
M-51 INTERCEPTOR SERVICE DISTRICT. That portion of the service district which is set fourth (by cross-batching) on Figure 2 in § 50.176.
MAY. The act referred to is both permissible and approved.
MDEQ. Michigan Department of Environmental Quality.
MISCELLANEOUS CUSTOMER FEE. The amount charged to Users for miscellaneous services and related administrative costs associated with the System.
NATURAL OUTLET. Any outlet into a Watercourse, pond, ditch, lake, or other body of surface or ground water.
NUISANCE. Without limitation, any condition where Sewage or the effluent from any Sewage disposal facility is exposed to the surface of the ground, or is permitted to drain on or to the surface of the ground or into any Natural Outlet.
OPERATION AND MAINTENANCE AGREEMENT. The Agreement for Billing/Monitoring/ Operation and Maintenance of Sanitary Sewer Collection System dated as of May 14, 2001, by and between the City and the Authority and consented to by the County and the Townships.
PUBLIC SEWER SYSTEM or SYSTEM. The sanitary sewer collection and interceptor system, known generally as the Sister Lakes Area Sanitary Sewage Disposal System, and the M-51 Interceptor, including all publicly-owned service connections, mains, lift stations, odor control facilities, and all appurtenances thereto.
SEPTIC TANK. A watertight tank or receptacle used to receive Normal Domestic Sewage and intended to provide for the separation of substantial portions of the Suspended Solids in such Sewage and the partial decomposition by bacterial action on solids so separated.
SERVICE CONNECTION. The portion of the Public Sewer System which extends either to or onto the parcel of land adjacent to the path of the Public Sewer System, and includes the tee/wye, the Sewer Lateral, and appurtenances. The SERVICE CONNECTION does not include the Building Sewer.
SERVICE DISTRICT. The lands located in the Township and served by the Public Sewer System, including the M-51 Interceptor Service District, as set forth in Figure 1 and Figure 2 in § 50.176.
SEWAGE DISPOSAL FACILITIES. Any Septic Tank, Subsurface Disposal System, or other devices used in the disposal of Sewage and which are not part of the Public Sewer System.
SEWER ADMINISTRATOR. Initially, the Township Supervisor or the person appointed in replacement thereof by resolution of the Township Board, who shall be responsible for the overall administration of the Public Sewer System.
SEWER LATERAL. That portion of the service connection which connects to the sewer main located in the public right-of-way and extends therefrom to the property line.
SEWER RATES AND CHARGES. The Connection Fee, Inspection Fee, User Charge, User Surcharge, Miscellaneous Customer Fee, Pretreatment Rates and Charges, drainage violation fee and the civil penalty imposed pursuant to § 50.025.
SEWER USE ORDINANCE. The Sister Lakes Sewer Use Ordinance as adopted by the Township.
SHALL. The act referred to is mandatory.
SPECIAL ASSESSMENT DISTRICT. All Special Assessment Districts determined at any time by the Township Board within the Service District for the provision of sanitary sewer service by the Public Sewer System, including, without limitation, Sanitary Sewer Special Assessment District No. 1 (Sister Lakes).
SPECIAL ASSESSMENT ROLL. All Special Assessment Rolls confirmed at any time for a Special Assessment District by the Township Board.
STRUCTURE IN WHICH SANITARY SEWAGE ORIGINATES. A building in which toilet, kitchen, laundry, bathing, or other facilities which generate Sewage or Industrial Wastes are used or are available for use for household, commercial, industrial, or other purposes.
SUBSURFACE DISPOSAL SYSTEM. An arrangement for distribution of septic tank effluent beneath the ground surface (also referred to as a “drainfield system”, “tile field”, or a “soil absorption system”).
TOWNSHIP. The Township of Silver Creek, located in Cass County, Michigan, and/or its duly authorized agent or representative.
TOWNSHIP INSPECTOR. The person responsible for inspecting connections of Building Sewers and Service Connections to the Public Sewer System as designated by the Township.
TOWNSHIPS. The Township of Silver Creek and the Township of Keeler.
UNIT or UNITS. A standard basis of measuring the relative quantity of Sewage, including the benefits derived from the disposal thereof, arising from the occupancy of a freestanding single-family residential dwelling (but such term shall not necessarily be related to actual use arising from any particular dwelling). A listing of the relative relationships between the various Users of the System is hereby determined by the Township and is set forth in § 50.175. The assignment of UNIT(S) to a particular User shall be determined from time to time by the Township, based upon the use to which the User’s property is put. Each User shall be assigned a minimum of one UNIT. A building containing multiple Users shall be assigned a minimum of one Unit for each User. The assignment of UNIT(S) for any use not enumerated in § 50.175 shall, in the sole discretion of the Township, be based upon the most similar use enumerated in § 50.175.
USER. A person who introduces into or discharges into, including both the owner and occupant of real estate from which is introduced or discharged into the Public Sewer System, any substance whatever.
USER CHARGE. A charge levied on Users of the System which represents that User’s share of the Cost of Operation and Maintenance (including Cost of Replacement) of the System and which may also include a share of the principal, interest, and administrative costs of retiring the debt incurred for construction of the Public Sewer System.
USER CLASS. The classification of Users connected to sanitary sewers including, but not limited to, residential, industrial, commercial, institutional, and governmental.
(1) COMMERCIAL USER. An establishment listed in the Office of the Management and Budget’s “Standard Industrial Classification Manual” (the “SICM”), involved in a commercial enterprise, business, or service which, based on a determination by the Township, discharges primarily segregated Normal Domestic Sewage and which is not a Residential User or an Industrial User.
(2) GOVERNMENTAL USER. Any federal, state, or local government user of the system.
(3) INDUSTRIAL USER. A User of the System which discharges Industrial Wastes, as distinct from its employees’ Normal Domestic Sewage.
(4) INSTITUTIONAL USER. Any establishment listed in the SICM involved in a social, charitable, religious, or educational function which, based on the determination by the Township, discharges primarily segregated Normal Domestic Sewage.
(5) RESIDENTIAL USER. A User of the system whose premises or buildings are used primarily as a domicile for one or more persons including Dwelling Units such as detached, semi-detached and row houses, mobile homes, apartments, or permanent multi-family dwellings (transit lodging is not included, it is considered a Commercial User).
USER SURCHARGE. A charge imposed on a User of the System for discharges of Sewage that are in excess of Normal Strength Sewage.
U.S. EPA. The United States Environmental Protection Agency.
WASTEWATER TREATMENT AGREEMENT. The agreement for Sanitary Sewage Disposal Service between the City, the Township, the Authority, and the County, and approved by Keeler, dated as of March 1, 2001, as amended, pursuant to which the City has agreed to treat at the Wastewater Treatment Plant the sanitary sewage collected by the Public Sewer System.
WASTEWATER TREATMENT PLANT. The publicly-owned physical plant and appurtenances designated to receive and treat the raw, untreated Sewage of the properties located in the Service District and served by the Public Sewer System, and owned by the City.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 01-03, passed 8-8-2001; Ord. 01-04, passed 12-12-2001; Ord. 09-07, passed 9-9-2009)