(A) The system shall, as much as possible, be operated and maintained by the township on a public utility basis as authorized by state law. The system shall be operated on the same fiscal year as that of the township. The Administrator shall annually, on or before February 15 of each year, submit a report to the Township Board on the revenues and expenditures of the system, including a projected budget for the ensuing fiscal year and recommendations for the user charges and user surcharges, if any, for such ensuing year.
(B) The owners of all premises required by §§ 51.20 through 51.25 of this chapter to connect to the system shall pay a connection fee. The connection fee shall be payable in the same amount as charged against similar parcels similarly situated in the district. The connection charge or fee shall include a fee, the amount of which shall be as set by the township from time to time, per customer unit for Algoma Township’s share of the existing facility and a fee, the amount of which shall be as set by the township from time to time, per customer unit for the village’s share of the existing facility. Connection fees for services to newly platted parcels may be negotiated between the Township Board and the developer of the plat, using the amount of the special assessment as a guide. However, in no event shall the connection fee be less than that amount assessed by Algoma Township against the township as provided in the wastewater treatment maintenance, management and service agreement between the township and Algoma Township dated 8-13-1991. If the installation of a new service connection or lateral is required for the connection, the owner of the premises shall be liable in addition to the connection fee for the costs and expenses of installing the service connection or lateral, as provided in division (C) below, the connection fee shall be paid in cash, or on terms as provided above if financed, to the extent not offset by payments made for special assessments, prior to the issuance by the township of a permit to connect to the sewer pursuant to division (E) below, the connection fee shall increase at a rate of 10% of the current connection fee per calendar year. The first such increase shall take effect 1-1-1992.
(C) (1) A user charge for each premises within the township connected to the sewer shall be charged as follows:
User | User Charge |
Commercial user | Amount as set by the township from time to time |
Governmental user | Amount as set by the township from time to time |
Industrial user | Amount as set by the township from time to time |
Institutional user | Amount as set by the township from time to time |
Residential user | Amount as set by the township from time to time |
NOTE TO TABLE: Units shall be determined in accordance with § 51.09 of this chapter. | |
(2) The user charges imposed pursuant to this section are applicable only to users who discharge normal strength domestic sewage. A user who discharges into the system toxic pollutants or sewage or wastes that do not qualify as normal strength domestic sewage shall also pay a user surcharge determined pursuant to division (D) below for each day such toxic pollutants or non-qualifying sewage or waste are discharged.
(3) As of the date of adoption of this chapter, it is determined that no users of the system are industrial users. Before the township permits any industrial user to connect to the system in the future, the township shall take the necessary action, including adoption of necessary ordinances, to comply with federal and state guidelines applicable to the collection and treatment of industrial wastes.
(4) User charges shall begin to accrue as of the first day of the first month following the date the connection fee is paid to the township in accordance with § 51.04 of this chapter.
(D) (1) Wastes with concentrations of compatible pollutants in excess of the limits otherwise provided herein may be allowed up to the upper limit indicated below, but shall be subject to a surcharge in accordance with that listed below:
Surcharge ($/lb.) | Maximum Upper Limit (mg/l) | |
BOD - 5 day | As set by the township | 200 |
Phosphorus | As set by the township | 8 |
Suspended solids | As set by the township | 250 |
(2) In the event of any violation of the provisions of this chapter, as amended, by a user, such user shall pay a surcharge fee which amount shall be at least equal to all expenses, losses or damages caused to the township or village by reason of any such violation.
(3) All industrial and non-domestic users shall pay a surcharge fee in addition to the above which shall be at least equal to all expenses or costs incurred by the township in the monitoring, inspection and surveillance procedures and in the set up or operation of pretreatment programs concerning such industrial or non-domestic user as indicated herein.
(E) It shall be the duty of the Clerk to bill and collect all user charges and user surcharges. The Clerk shall mail each user a bill on or before the tenth day of the first month in the quarterly billing period. The bill shall separately itemize the user charge and user surcharge, if any. Payment of the bill which is rendered by the Clerk is due and payable on or before the first day of the second month in the quarterly billing period. Payment of said bill shall be made at a location designated by the Township Board.
(F) If user charges or user surcharges are not paid on or before the due date then a penalty of 10% of the amount unpaid shall be added thereto.
(G) (1) If connection fees, user charges or user surcharges are not paid on or before the due date, the township, pursuant to Public Act 132 of 1981, as amended, may:
(a) Discontinue the services provided by the system by disconnecting the building sewer or inserting a shutoff valve in the service connection or lateral, and the service so discontinued shall not be reinstated until all sums then due and owing, including penalties, interest and all expenses incurred by the township for shutting off and turning on the service, shall be paid to the township;
(b) Institute an action in any court of competent jurisdiction for the collection of the amounts unpaid, including penalties, interest and reasonable attorney fees; or
(c) Enforce the lien created in division (H) below.
(2) These remedies shall be cumulative and shall be in addition to any other remedy provided in this chapter or now or hereafter existing at law or in equity. Under no circumstances shall action taken by the township to collect unpaid connection fees, user charges or user surcharges, penalties and interest, invalidate or waive the lien created by division (H) below.
(H) The connection fees, user charges and user surcharges, and all other fees required by this chapter shall be a lien on the respective premises served by the system. Whenever such fee, charge or surcharge shall be unpaid for 60 days or more, it shall be considered delinquent. The Treasurer shall certify all delinquent fees, charges or surcharges annually, on or before September 15 of each year, to the tax assessing officer of the township, who shall enter the delinquent fees, charges, surcharges, interest and penalties upon the next tax roll as a charge against the premises affected and such charge shall be collected and the lien thereof enforced in the same manner as ad valorem property taxes levied against such premises.
(I) No free service shall be furnished by the system to any person, public or private, or to any public agency or instrumentality.
(Prior Code, § 70.007) (Ord. 92-2, effective 4-23-1992)