CHAPTER 51: SEWERS

§ 51.01	TITLE.
	This chapter shall be known and may be cited as the "Sewer Usage and 
	Administration Ordinance."
(Ord. 130, passed 4-5-93)

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

	AUTHORITY. The Grand Haven-Spring Lake Sewer Authority.

	BOD5 (BIOCHEMICAL OXYGEN DEMAND).  The quantity of oxygen utilized in the
	biochemical oxidation of organic matter under standard laboratory procedure in
	five days at 20°C expressed in parts per million by weight or in milligrams per 
	liter.

	BUILDING DRAIN.  That part of the lowest horizontal piping of a drain system which
	receives discharge from drainage pipes inside the walls of a building and conveys
 	it to and is connected with the building sewer. The BUILDING DRAIN shall be deemed 
	to end five feet outside the inner face of the building wall.

	BUILDING SEWER.  The extension of the building drain which begins five feet
	outside	the inner face of the building wall and continues to the public sewer or 
	other place of disposal.

	COD (CHEMICAL OXYGEN DEMAND).  The quantity of oxygen utilized in the chemical
	oxidation of organic and inorganic matter under standard laboratory procedure at 
	20°C, expressed in parts per million by weight or in milligrams per liter.

	COMBINED SEWER.  A public sewer receiving both storm, surface and groundwaters and 
	wastewater.

	EPA.  The United States Environmental Protection Agency.

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

	INDUSTRIAL WASTE.  Liquid waste from industrial processes.

	NATURAL OUTLET.  Any outlet into a watercourse, pond, ditch or other body of
	surface or groundwater.

	NORMAL SANITARY SEWAGE.  Wastewater having a strength which is less than 200
	parts per million of biochemical oxygen demand or 250 parts per million by 
	weight of suspended solids.

	PUBLIC SEWER.  A sewer owned or controlled by the city as well as the portion of
	any sewer owned or controlled by any other public body corporate which is located
	within the city boundaries.

	SANITARY SEWER.  A public sewer which carries wastewater and in which storm, 
	surface and groundwaters are not intentionally admitted.

	SEWER.  A pipe or conduit carrying wastewater and/or storm, surface and 
	groundwater.
	
	STORM SEWER or STORM DRAIN.  A public sewer which carries storm, surface and 
	groundwaters but excludes wastewater.

	UNCONTAMINATED INDUSTRIAL PROCESS WATER.  Wastewater which does not come
	into contact with any substance used in or incidental to industrial processing
	operations and to which no chemical or other substance has been added.

	USER.  Any person who contributes, causes or permits the contribution of 
	wastewater into a public sewer.

	WASTEWATER.  Water-carried waste from residences, business buildings, industrial
	establishments and/or other premises together with such infiltration as may be 
	present.

	WASTEWATER SYSTEM.  The wastewater treatment plant, all facilities of the 
	Authority and the city for collecting, sampling, monitoring and pumping 
	wastewater, and all facilities for collecting, sampling, monitoring or pumping 
	wastewater that are owned or controlled by any other public body corporate whose 
	wastewater is treated by the wastewater treatment plant.

	WASTEWATER TREATMENT PLANT.  The Authority Wastewater Treatment Plant, 1525 
	Washington Street, Grand Haven, Michigan.

	WATERCOURSE.  A channel in which a flow of water occurs either continuously or 
	intermittently.
(Ord. 130, passed 4-5-93)

§ 51.03	PURPOSE AND POLICY.
	(A)	This chapter sets forth uniform requirements for users of the wastewater 
		system and enables the city and the Authority to protect public health in 
		conformity with all applicable local, state and federal laws relating 
		thereto.

	(B)	The objectives of this chapter are:

		(1)	To prevent the introduction of pollutants into the wastewater 	
			system which will interfere with its normal operation or 
			contaminate the resulting municipal sludge;

		(2)	To prevent the introduction of pollutants into the wastewater 
			system which do not receive adequate treatment in the wastewater 
			treatment plant, and which will pass through the wastewater system 
			into receiving waters or the atmosphere or otherwise be 
			incompatible with the wastewater system;

		(3)	To improve the opportunity to recycle and reclaim wastewater and
			sludge from the wastewater system; and

		(4)	To meet the requirements of the EPA and the Michigan Department 
			of Natural Resources.
(Ord. 130, passed 4-5-93)

§ 51.04	DISCHARGE OF WASTE AND WASTEWATER.
	The discharge or depositing of waste and wastewater shall be restricted and
	regulated as follows:

	(A)	No person shall place, deposit or discharge any waste or wastewater upon 
		any public or private property in the city.

	(B)	No person shall discharge to any natural outlet in the city any wastes or 
		wastewater unless such discharge is specifically permitted and approved in 
		writing by the state, county, or other governmental agency having 
		jurisdiction.

	(C)	No person shall construct, maintain or use any privy, privy vault, septic 
		tank, cesspool or other facility intended or used for the disposal of 
		wastewater unless the same is specifically permitted and approved in 	
		writing by the state, county or other governmental agency having 
		jurisdiction.

	(D)	For reasons of public health, any structure in which wastewater originates 
		lying within the city shall be connected to any available sanitary sewer 
		or combined sewer within 18 months after (1) written notice is given to 
		the owner by certified mail by the city of availability of a sanitary 
		sewer or combined sewer and (2) compliance with any notice or other 
		requirements specified by state law. For purposes of this subsection, a 
		sanitary sewer or combined sewer shall be considered to be available when 
		it is located in a right-of-way, easement, highway, street or public way 
		which crosses, adjoins, or abuts upon the property in question and passes 
		not more than 200 feet at the nearest point from a structure in which 
		wastewater originates. 
		For purposes of this subsection, the phrase STRUCTURE IN WHICH 
		WASTEWATER ORIGINATES shall mean a building in which toilet, kitchen, 
		laundry, bathing or other facilities that generate wastewater are used or 
		are available for use for household, commercial, industrial or other 
		purposes. If the structure in which wastewater originates has not been 
		connected to an available sanitary sewer or combined sewer within such 
		18-month period, then the city shall proceed in accordance with applicable 
		state law to require connection to be made forthwith. In so proceeding,
 		the city shall have the rights and remedies provided in the applicable 
		state law, as well as all rights and remedies provided by this chapter.
	
	(E)	All discharges of waste or wastewater and actions by or against a user in 
		relation thereto shall be subject to the requirements and provisions of 
		the authority's rules and regulations, as well as the provisions of this
		chapter.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.05	PRIVATE SEWAGE DISPOSAL.
	Private sewage disposal shall be restricted and regulated as follows:

	(A)	If a house, building or other premises used for human occupancy, 
		employment, recreation or other purposes is not connected to a sanitary 
		sewer or a combined sewer, then the building sewer shall be connected to a 
		private wastewater disposal system permitted and approved by the county 
		health department and, where appropriate, the State Health Department 
		and/or the State Department of Natural Resources.

	(B)	At such time as connection is made to a sanitary sewer or a combined 
		sewer, 	all septic tanks, cesspools and similar private wastewater 
		disposal facilities shall be disconnected and abandoned.

	(C)	All persons shall operate and maintain private wastewater disposal 
		facilities in a safe and sanitary manner at all times at no cost to the 
		city.

	(D)	This section shall not be construed to preclude additional requirements 
		that may be imposed by the Authority, or state or county government, or to 
		excuse compliance with such requirements.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.06	PROTECTION FROM DAMAGE.
	No unauthorized person shall enter or maliciously, willfully or negligently break, 
	damage, destroy, uncover, deface or tamper with any structure, appurtenance, 
	equipment or other part of the wastewater system.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.07	FALSIFICATION OF INFORMATION.
	Any person who knowingly makes any false representation, statements or certification 
	in any application, report, record, plan or other document filed or required to be 
	maintained pursuant to this chapter, or who falsifies, tampers with or knowingly 
	renders inaccurate any monitoring or sampling device shall be punished as set forth 
	in § 51.99.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99
CONNECTIONS TO PUBLIC SEWER

§ 51.20	CONNECTIONS REGULATED.
	All building sewers, building drains and connections to the public sewer shall be 
	restricted and regulated as set forth in this subchapter.
(Ord. 130, passed 4-5-93)

§ 51.21	PERMIT, AUTHORIZATION, AND INSPECTION REQUIREMENTS.
	No person shall uncover, make any connection with or opening into, use, alter or 
	disturb any public sewer or appurtenance thereof without first obtaining a written 
	permit therefor from the city. No connection shall be made to a public sewer which 
	will result in the discharge of industrial waste without the prior written approval 
	of the Authority. No building sewer shall be covered until after it has been 
	inspected and approved by the city as being adequate and having acceptable 
	construction, size and location.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.22	COST OF INSTALLATION AND MAINTENANCE.
	The owner shall be responsible, at his or her cost and expense, for the 
	installation, connection and maintenance of the building sewer to its connection 
	with the public sewer.
(Ord. 130, passed 4-5-93)

§ 51.23	APPLICATION FOR CONNECTION PERMIT; FEES.
	Application for a permit to connect to the public sewer shall be made on appropriate
	forms provided by the city. The application shall be supplemented by such plans, 
	specifications or other information as the city shall reasonably require. The City 
	Council shall establish permit and inspection fees by resolution. Such permit and 
	inspection fees shall be paid at the time the application is filed. The city may 
	refuse to grant a permit to connect if the city shall determine the public sewer 
	system, the wastewater treatment facilities or the treatment plant do not have 
	adequate capacity or capability to accommodate the proposed connection.
	(Ord. 130, passed 4-5-93)

§ 51.24	BUILDING SEWER REQUIREMENTS.
	(A)	A separate and independent building sewer shall be provided for each 
		building or premises, provided that where one building or premises stands
		at the rear of another on an interior lot and no private sewer is 
		available or can be constructed to the rear building or premises through 
		an adjoining alley, court, yard or driveway, the building sewer from the 
		front building may be extended to the rear buildings or premises.

	(B)	Old building sewers may be used in connection with new buildings and 
		premises only when they are found on inspection by the city to be of 
		adequate construction, size and location.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.25	DESIGN AND CONSTRUCTION REQUIREMENTS.
	(A)	The size, slope, alignment, materials of construction of buildings or 
		premises, and the methods to be used in excavating, placing of the pipe, 
		jointing, testing, and backfilling the trench, shall conform to the 
		requirements of the city building and plumbing codes.

	(B)	Whenever possible, the building sewer shall be brought to a 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 a building drain shall be lifted by a pump or other 
		suitable device provided by the city and discharged to the building sewer. 
		The cost of such pump or other suitable device shall be paid by the sewer 
		customer. Such pump or other suitable device shall be maintained in good 
		condition and repair by the sewer customer and the sewer customer shall 
		pay all charges and expenses for the operation of the pump or other 
		suitable device.

	(C)	The connection of the building sewer into the sanitary sewer shall conform 
		to the requirements of the city building and plumbing codes or other 
		applicable rules and regulations of the city, and the procedures set forth 
		in appropriate specifications of the American Society for Testing and 
		Materials and the Water Pollution Control Federation Manual of Practice 
		No. 9, all as amended from time to time. All such connections shall be 
		made gastight and watertight. Any deviation from these prescribed 
		procedures and materials must be approved by the city before installation.

	(D)	The basement floor level of all new structures from which it is 
		anticipated that wastewater or industrial wastes shall emanate shall be at 
		such level that such wastewater and wastes can flow by gravity to any 
		sanitary sewer in the adjoining street connected with an invert eight feet 
		below the centerline of the street. In the alternative, a pump or other 
		suitable device shall be installed and maintained as provided in 
		subsection (B) of this section to lift the wastewater or industrial wastes 
		to the level of the sanitary sewer. An acceptable wastewater outlet facing 
		the street where a sanitary sewer is available, or is proposed to be made 
		available, shall be provided in all new structures.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99
Cross-reference:
	Building and plumbing codes, see Ch. 150

§ 51.26	INSPECTION OF WORK; CONNECTION TO SEWER.
	The applicant for a sewer construction permit shall notify the city when the 
	building sewer is ready for inspection and connection to the public sewer. The 
	connection shall be made under the supervision of the city. No backfill shall be 
	placed until the work has been inspected and approved by the city.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.27	EXCAVATIONS; RESTORATION OF PROPERTY.
	All excavations for building sewer installation shall be adequately guarded with 
	barricades and lights so as to protect the public from hazard. Streets, sidewalks, 
	parkways, and other public property disturbed in the course of the work shall be 
	restored to their prior condition.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.28	CITY AND ADMINISTRATIVE LIABILITY.
	The owner shall indemnify and hold the city and its employees, agents and 
	representatives free and harmless from any and all liability or responsibility for 
	all injury, loss or damage that may result directly or indirectly from the 
	installation, connection and maintenance of the building sewer.
(Ord. 130, passed 4-5-93)
USE OF PUBLIC SEWERS

§ 51.40	UNPOLLUTED AND OTHER RESTRICTED DISCHARGES.
	(A)	No person shall discharge or cause to be discharged to any sanitary sewer 
		any storm water, surface water, or groundwater. If an industry makes 
		adequate provision for the disposal of its industrial wastes other than by 
		discharging such wastes into the public sewer, and if such disposal is 
		approved by the Michigan Department of Natural Resources, the Authority 
		and all other governmental agencies having jurisdiction, then the city 
		may, by resolution, excuse such industry from depositing its industrial 
		wastes into the public sewer.

	(B)	Storm water, groundwater, surface water, and all other unpolluted drainage 
		shall be discharged only to combined sewers, storm sewers, dry wells or 
		natural outlets. The discharge of cooling water or uncontaminated 
		industrial process water to a natural outlet shall only be permitted when 
		permitted and approved in writing by the state, county or other 
		governmental agency having jurisdiction.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.41	PERMITTED DISCHARGES REGULATED.
	(A)	No person who is required by the Authority, pursuant to its rules and 
		regulations, as amended,  to have a discharge permit shall discharge or 
		cause to be discharged any wastewater or waste unless such permit is 
		currently in force and the discharge is in full compliance with all 
		conditions or restrictions which are contained in such permit. In 
		addition, no person shall discharge or cause to be discharged any 
		wastewater or waste which: prevents effective operation of the wastewater 
		system; will pass through the wastewater treatment plant or otherwise be 
		incompatible with the wastewater treatment plant; is prohibited by any 
		federal or state law, rule, regulation, permit requirement or standard 
		which is applicable to the Authority or the wastewater system; or is 
		prohibited by the Authority's rules and regulations. With respect to such 
		wastewater or waste, the city and/or the Authority shall have the option 
		to:

		(1)	Reject the waste or wastewater;

		(2)	Require  satisfactory  pretreatment as provided in the Authority's 
			rules and regulations; and/or

		(3)	Require, pursuant to the provisions of this chapter and/or the 
			Authority's rules and regulations, the payment of extra charges to 
			the city and/or the Authority to pay for the added costs of
			handling and treating the waste or wastewater.

	(B)	The city shall have the right, at any time, by resolution to exclude from 
		the wastewater treatment plant all or a portion of the industrial waste or 
		wastewater of city customers, provided, however, that no such action shall 
		be taken by the city until it shall have first determined that such action 
		is necessary in order to permit non-industrial waste or wastewater in the 
		city to be treated by the wastewater treatment plant.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.42	DILUTION OF DISCHARGE.
	Except as expressly authorized under applicable National Categorical Pretreatment 
	Standards promulgated by the EPA, no user shall increase the use of potable or 
	process water nor mix separate waste streams for the purpose of diluting a 
	discharge, or otherwise dilute a discharge in any way, as a partial or complete 
	substitute for adequate treatment to achieve compliance with the standards set
	forth in this chapter.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.43	NONDOMESTIC-USER DISCLOSURE REQUIREMENTS.
	All nondomestic users proposing to connect to or to contribute wastewater or waste 
	to the wastewater system shall submit such information as the city and/or the 
	Authority shall reasonably request on their processes and wastewater before 
	connecting to or contributing to the wastewater system. All existing nondomestic 
	users connected to or contributing to the wastewater system shall promptly submit 
	such information on their processes and wastewater as the city and/or the 
	Authority shall reasonably request. The information submitted shall be sufficient 
	for the city and the Authority to determine the impact of the user's discharge on 
	the wastewater system and the need for pretreatment and shall be signed by an 
	authorized representative of the user. Without limiting the generality of the 
	foregoing disclosure requirements, the information which may be required pursuant 
	to this section may include any or all of the information required pursuant to the 
	Authority's rules and regulations, or to applicable state or federal law.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.44	PRELIMINARY TREATMENT FACILITIES.
	(A)	Where the waste or wastewater is required to be pretreated by the 
		provisions of this chapter and/or the Authority's rules and regulations, 
		the user shall provide, at his or her expense, such preliminary treatment 
		as required pursuant to the Authority's rules and regulations and/or as 
		shall be necessary to reduce the objectionable characteristics or 
		constituents of the waste or wastewater or control the quantities and 
		rates of discharge of the waste or wastewater so that the wastewater 
		system can operate effectively and in conformance with all federal and/or 
		state laws, rules, regulations, permit requirements or standards which are 
		applicable to the wastewater system. Plans, specifications, and other 
		pertinent information relating to the proposed preliminary treatment 
		facilities shall be prepared and submitted by a registered engineer for 
		approval by the city and the Authority, and no construction of such 
		facilities shall be commenced until approval is given in writing by both 
		the city and the Authority. Review of the submitted plans, specifications 
		and other information shall be completed within a reasonable time. Where 
		preliminary treatment is required by this section, and the user is already 
		discharging waste or wastewater into the wastewater system, then the user 
		shall, at the request of the city and/or the Authority, agree to a 
		compliance schedule which shall specify by date those items which are to 
		be accomplished by the user to complete all necessary preliminary 
		treatment facilities and to bring the waste and wastewater being 
		discharged into compliance with all requirements of this chapter and the 
		Authority's rules and regulations.

	(B)	Where preliminary treatment facilities are provided for any wastewater or 
		waste, such facilities shall be maintained continuously in satisfactory
		and effective operation by the user at his or her cost. The person 
		operating and maintaining such facilities shall, at the request of the 
		Authority and/or the city, submit to the requesting party records or true 
		copies thereof of the samplings taken from wastewater and waste discharged 
		and such other 	reports and information as shall be necessary to assess 
		and assure compliance with this chapter.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.45	GREASE, OIL, AND SAND INTERCEPTORS.
	Grease, oil and sand interceptors shall be provided when, in the opinion of the 
	Authority or the city's engineer, they are necessary for the proper handling of 
	liquid wastes containing grease in excessive amounts or any flammable wastes, sand 
	or other harmful ingredients. Notwithstanding the foregoing, interceptors shall
 	not be required for private living quarters or dwelling units. All interceptors 
	shall be of a type and capacity approved by the Authority and/or the city and 
	shall be located so as to be readily accessible for cleaning and inspection. All 
	grease and oil interceptors shall be constructed of impervious materials capable 
	of withstanding abrupt and extreme changes in temperature. Such interceptors shall
	be of substantial construction, watertight, and equipped with easily removable 
	covers which, when bolted in place, shall be gastight and watertight. All grease, 
	oil and sand interceptors shall be maintained by the owner, at the owner's 
	expense, in continuously efficient operation at all times. Nothing contained in 
	this section shall limit the effect or excuse full compliance with other 
	provisions of this chapter or of the Authority's rules and regulations, including, 
	without limitation, any limitation on or prohibition against introduction of 
	wastes into the wastewater system, any pretreatment requirements and/or any 
	permitting requirements.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.46	SAMPLING FACILITIES.
	When required by the city and/or the Authority to assure adequate monitoring and 
	control of the waste or wastewater discharge, the user of any building or premises 
	served by a building sewer shall install a suitable control vault or station in 
	the building sewer to facilitate observation, sampling and measurement of the
	waste or wastewater being discharged. Such control vault or station shall be 
	equipped by the user with a suitable composite sampler and continuous flow 
	recorder. Such vault or station shall be accessible and safely located and shall 
	be constructed in accordance with plans approved in writing by the Authority. Such 
	vault or station shall be installed by the user at his or her cost and shall be 
	maintained by him or her so as to be safe and accessible at all times. The person 
	operating and maintaining such facilities shall, at the request of the Authority 
	or the city, submit to the requesting party records or true copies thereof of the 
	wastewater or waste discharged and such other reports and information as shall be 
	necessary to assess and assure compliance with this chapter and with the 
	Authority's rules and regulations.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.47	INDUSTRIAL SURVEILLANCE; CHARGES.
	(A)	With respect to all users that are required to maintain preliminary 
		treatment facilities or sampling facilities pursuant to the provisions of 
		this chapter and/or the Authority's rules and regulations, the city, 
		acting itself or through the Authority, shall institute a program pursuant 
		to which the city or Authority personnel, as the case may be, periodically 
		check and assess, through the taking of their own samplings, the accuracy 
		and completeness of the sampling records and other reports and information 
		provided to the city and the Authority. The cost and expense incurred by 
		the city in conducting this program of periodic review or having the 
		Authority conduct the program on its behalf shall be recovered from an 
		industrial surveillance charge to be established by the city or the 
		Authority from time to time by resolution. The amount of this charge shall 
		be determined for each sewer customer or class of sewer customers to which 
		it applies and shall be billed by the city as part of each affected sewer 
		customer's periodic sewer billing.

	(B)	If, based upon such review, the city or the Authority determines that the 
		sampling records or other reports and information provided to it/them by a 
		user are not substantially accurate, the city and/or the Authority may 
		institute such sampling, laboratory analysis and other procedures as are 
		determined necessary to accurately sample and measure the waste and 
		wastewater being discharged. All expenses and charges incurred by the city 
		itself or by the Authority for such sampling, review and analysis shall be 
		charged by the city or the Authority to the affected sewer customer.
(Ord. 130, passed 4-5-93)

§ 51.48	SURCHARGE FOR NONDOMESTIC USERS.
	(A)	All nondomestic users of the public sewers shall pay a surcharge for the 
		discharge of wastewater or waste containing more BOD5, COD, phosphorus or 
		suspended solids than the threshold amount,  with the exception that a 
		surcharge can be made for either BOD5 or COD, whichever is the greater 
		dollar cost, but not for both.

	(B)	The threshold for and amount of such surcharge shall be established 
		periodically by the Authority. The surcharge shall be calculated and
		billed quarterly by the city as part of the affected sewer customer's 
		periodic sewer billing.
(Ord. 130, passed 4-5-93)

§ 51.49	PRETREATMENT STANDARDS; COMPLIANCE REPORTING.
	(A)	Pretreatment standards.  Upon the promulgation of any final federal or
		state pretreatment standards or discharge limits for a particular 
		industrial category or subcategory, such standards or limits, if more 
		stringent than the requirements of this chapter or the Authority's rules 
		and regulations, shall be automatically incorporated as part of this 
		chapter, shall be considered to supersede the requirements thereof, and 
		shall become effective when specified by the promulgating agency. The 
		Authority, on behalf of the city, shall notify all affected users of the 
		applicable standards or limits.

	(B)	Pretreatment compliance reporting.  Users shall submit reports to the 
		Authority as required by or pursuant to its rules and regulations. Upon 
		request by the city, a user shall provide a copy of any such report to the 
		city.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.50	SPILL PREVENTION AND NOTICE; CONTAINMENT FACILITIES.
	(A)	When required by the city and/or the Authority to assure adequate 
		protection for the wastewater system from accidental spills of critical or 
		hazardous materials, the user shall develop and submit to the city and the 
		Authority an adequate spill prevention plan as required by and subject to 
		the provisions  of the Authority's rules and regulations. The adequacy of 
		such plan shall be determined by the Authority. The city and/or the 
		Authority may require, as part of such plan, that the user provide, at his 
		or her expense, suitable containment facilities within a time period 
		specified by the city and/or the Authority. Plans, specifications and 
		other pertinent information relating to the proposed containment 
		facilities shall be prepared and submitted for approval by the Authority, 
		and no construction of such facilities shall be commenced until approval 
		by the Authority is given in writing. Such containment facilities shall be 
		maintained continuously in satisfactory condition by the user at his or 
		her cost.

	(B)	In the case of an accidental spill, the user shall give such notice and 
		take such other actions as required by the Authority's rules and 
		regulations.
(Ord. 130, passed 4-5-93)  Penalty, see § 51.99

§ 51.51	PUBLICATION OF LIST OF NONCOMPLYING USERS.
	The city or the Authority shall annually publish in the Grand Haven Tribune a list 
	of the users which significantly violated any National Categorical Pretreatment 
	Standard promulgated by the EPA or which otherwise has been determined by the 
	Authority to be in significant noncompliance during the 12 previous months. This 
	notification shall also summarize any enforcement actions taken against the user 
	during the same 12 months. In addition, a list of all industrial users which were 
	the subject of enforcement proceedings pursuant to this chapter and/or the 
	Authority's rules and regulations during the 12 previous months shall be published 
	annually by the city and/or by the Authority in the Grand Haven Tribune. This 
	notification shall summarize the enforcement actions taken against those users 
	which during the previous 12 months had violations that remained uncorrected 45 or
 	more days after notification of noncompliance; or which have exhibited a pattern
 	of noncompliance over that 12-month period, or which involve failure to 
	accurately report noncompliance.
(Ord. 130, passed 4-5-93)
SEWER RATES AND BILLING

§ 51.65	TITLE.
	This subchapter shall be known and may be cited as the "Sewer Rate Ordinance."
(Ord. 65, passed 1-23-80)

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

	SYSTEM.	All sewer lines, lift stations, pumping facilities, sewer collection 
	facilities and their appurtenances which the city has or shall have possession of 
	and operating responsibility for (whether owned by the city or not), either now in 
	existence in the city or hereafter acquired or constructed in the city, together 
	with all works, plants, instrumentalities and properties used or useful in 
	connection therewith in collecting sewage and transmitting and conveying such 
	collected sewage to sewage disposal facilities, and all extensions, enlargements
	and improvements thereto in the city.
(Ord. 65, passed 1-23-80)

§ 51.67	CONNECTION TO SYSTEM.
	Connection to the system, directly or indirectly, and the discharge of sewage into 
	the system, shall only be in compliance with this chapter.
(Ord. 65, passed 1-23-80)

§ 51.68	CONNECTION CHARGES.
	(A)	The following connection charges and fees shall apply to all connections
		to the system:

		(1)	Stub charge.  If a sewer stub line has not already been installed,
 			a stub charge, in an amount to be established and adjusted from 
			time to time by City Council resolution, for the installation and 
			use of a sewer stub line from the sewer line to the property line,
 			shall be charged for connection to the system. Payment of the stub
			charge shall be made in cash at the time application is made for a 
			permit to connect to the system.

		(2)	Frontage charge.  Those premises adjacent to a system sewer line 
			which either (1) have not been included in a special assessment
			district to pay the cost of such line or (2) have been included in
 			a special assessment district but have not been assessed for the 
			frontage which will be provided with sewer service, shall pay a 
			frontage charge in cash at the time application for a permit to 
			connect to the system is made, provided that no frontage charge 
			shall be made where the system sewer line adjacent to the 
			connecting premises was constructed as part of a development or 
			project in which private parties or the city on behalf of and at
			the expense of private parties has constructed such sewer line.
			Such frontage charge shall be at a rate to be established and
			adjusted from time to time by City Council resolution. Frontage
			shall be determined by using the same procedure as is then 
			utilized for sewer special assessments.

		(3)	Trunkage charge.  Those premises which have not been included in a 
			special assessment district which included as part of the 
			assessment a trunkage charge shall pay a trunkage charge in cash
			at the time application for a permit to connect to the system is 
			made. Those premises which have previously paid a trunkage charge
			as part of a special assessment or on a cash basis as provided
			herein but which are later expanded or where the use thereof is 
			altered so as to increase the intensity of sewer use shall pay
			an additional trunkage charge in cash for such alterations or
			change of use at the time a building permit is issued for such 
			alterations, or if no building permit is required, at such time as
			the use is hanged. Those premises which were assessed for
			trunkage as an unimproved parcel but which are later improved 
			shall pay a trunkage charge for such improvements in cash at the 
			time the building permit is issued for such improvements. The 
			trunkage charge shall be established and adjusted from time to 	
			time by the City Council by resolution. The amount of the trunkage 
			charge shall be determined by multiplying the trunkage charge 
			times the number of units, determined on the basis of the schedule 
			ofunit factors referenced in subsection (B) hereinafter, for the 
			particular alteration, use or improvement.

	(B)	Unit determination.  The schedule of unit factors referenced in subsection 
		(A) hereinbefore shall be established and adjusted from time to time by 
		City Council resolution.
(Ord. 65, passed 1-23-80)
Cross-reference:
	Public improvements; special assessments, see §§ 33.01 et seq.
	Water connection charges, see §§ 52.35-52.36

§ 51.69	SEWER USE RATES.
	Rates for sewer service for each premises connected to the system shall be 
	established and adjusted from time to time by City Council resolution. No free 
	service shall be furnished by the system to the city or to any person, firm or 
	corporation, public or private, or to any public agency or instrumentality. The 
	city shall pay for sewer service supplied to it or any of its departments or 
	agencies at the rates established pursuant to this section from time to time.
(Ord. 65, passed 1-23-80)
Cross-reference:
	Water rates, see § 52.37

§ 51.70	BILLING PROCEDURES; DISCONTINUING SERVICE.
	Charges for sewer service shall be billed quarterly. Bills shall be mailed by the 
	fifteenth day of the month following the quarter for which the bills are rendered 
	and shall be due and payable on or before the fifteenth day of the next month. 
	Customers whose bills are not paid within five days after the due date shall be 
	mailed a reminder bill. If the reminder bill is not paid within ten days after the 
	date of mailing of such reminder bill, then if the premises are served by public 
	water, a 72-hour water shut-off notice shall be mailed. If the bill is not paid 
	within 72 hours after the date of mailing of the water shut-off notice, then if 
	the customer has public water service, the customer's public water service shall 
	be turned off immediately and without further notice. Water service shall not be 
	restored until the entire amount of the sewer service bill has been paid together 
	with a penalty charge of $10. Charges for sewer service shall constitute a lien on 
	the property served. On or before March 1 of each year, the City Treasurer shall 
	deliver to the City Clerk a certified statement of all sewer service and penalty 
	charges thereon then six months or more past due and unpaid. The City Clerk shall 
	then place such charges on the next tax roll and the same shall be collected and 
	such lien shall be enforced in the same manner as is provided for general city 
	taxes.
(Ord. 65, passed 1-23-80)
Cross-reference:
	Similar provisions regarding water service, see § 52.38
Statutory reference:
	Delinquent charges as a lien; enforcement and exceptions regarding service to 
	tenants, see M.C.L.A. § 141.121

§ 51.71	FISCAL YEAR.
	The system shall be operated on the basis of a fiscal year beginning July 1 of 
	each year and ending June 30 of the next year.
(Ord. 65, passed 1-23-80)
Cross-reference:
	Similar provision regarding water system, see § 52.39

§ 51.72	RECORDS AND REPORTS.
	The city shall cause to be maintained and kept proper books of record and account 
	in which shall be made full and correct entries of all transactions relating to 
	the operation of the system. Not less than six months after the close of each 
	fiscal year of the system, the city shall cause to be prepared a statement in 
	reasonable detail showing the cash income and disbursements of the system at the 
	beginning and the close of the operating year and such other information as shall 
	be necessary to enable any taxpayer of the city, user or beneficiary of the 
	service provided by the system to be fully informed as to all matters pertaining 
	to the financial operation of the system during such fiscal year. Such annual 
	statement shall be filed in the office of the City Clerk where it shall be open to 
	public inspection. These books of record and account shall be audited annually by 
	a certified public accountant to be designated by the City Council and a certified 
	copy of this audit shall be filed with the City Clerk. Such audit may be a part of 
	the general city audit.
(Ord. 65, passed 1-23-80)
Cross-reference:
	Similar provision regarding water system, see § 52.40

§ 51.73	CITY AND ADMINISTRATIVE LIABILITY.
	(A)	The city shall not be liable for any failure or deficiency in the 
		operation of the system whether occasioned by maintenance or repair of the 
		system or any other cause.

	(B)	No officer, agent or employee of the city shall render himself or herself 
		as personally liable for any damages that may accrue to any person as a 
		result of any act required or permitted in the discharge of his or her 
		duties under and in the enforcement of this subchapter.
(Ord. 65, passed 1-23-80)
ADMINISTRATION AND ENFORCEMENT

§ 51.85	RIGHT OF ENTRY.
	The city and its employees and agents, and the Authority and its employees and 
	agents, when bearing proper credentials and identification, shall be permitted, 
	with or without advance notice, to enter in and upon buildings and premises as may 
	be necessary for the purposes of inspection, surveillance, measurement, sampling 
	and testing to determine compliance with this chapter, or to take any actions 
	reasonably necessary to protect the wastewater system or the health, safety and 
	welfare of employees of the waste water treatment plant or the public.
(Ord. 130, passed 4-5-93)

§ 51.86	LEGAL ACTION.
	If any person discharges wastewater or waste into the wastewater system contrary 
	to the provisions of this chapter, the city, or the Authority on its behalf, may 
	commence an action for appropriate legal and/or equitable relief.
(Ord. 130, passed 4-5-93)

§ 51.87	SUSPENSION OF SERVICE.
	Notwithstanding any other provision of this chapter, the Authority and/or the city 
	may, for good cause shown, suspend the wastewater treatment service to a user when
	it appears to the Authority and/or the city, as the case may be, that an actual or 
	threatened discharge presents or threatens an imminent or substantial danger to 
	the health or welfare of persons, or a substantial danger to the environment, 
	interferes with the operation of the wastewater system, or violates any 
	pretreatment limits imposed by this chapter. Any user notified of a suspension of 
	wastewater treatment service shall, within a reasonable period of time, as 
	determined by the Authority and/or the city, whichever has given the notice, cease 
	all discharges. In the event of failure of the user to comply voluntarily with the 
	suspension order within the specified time, the city, or the Authority on its 
	behalf, may commence judicial proceedings immediately thereafter to compel the 
	user's compliance with such order. The city and the Authority shall reinstate the 
	wastewater treatment service and terminate judicial proceedings upon proof by the 
	user of the elimination of the noncomplying discharge or conditions creating the 
	threat of imminent or substantial danger as set forth above.
(Ord. 130, passed 4-5-93)

§ 51.88	VIOLATIONS AND PUBLIC NUISANCE; USER LIABILITY.
	(A)	Public nuisance. Any violation of this chapter is hereby declared to be a 
		public nuisance per se. Accordingly, the court shall, by injunction, order
 		such nuisance abated and the user shall be adjudged guilty of maintaining 
		a nuisance per se.

	(B)	Recovery of costs. Any user violating any of the provisions of this 
		chapter, or who discharges or causes a discharge producing a deposit or 
		obstruction, or causes damage to or impairs the wastewater system, shall 
		be liable to the city and/or the Authority for any expense, loss, or 
		damage caused by such violation or discharge. The city and/or the 
		Authority shall bill the user for the costs incurred by the city and/or 
		the Authority, as the case may be, for any cleaning, repair, or 
		replacement work caused by the violation or discharge. Refusal to pay the 
		assessed costs shall constitute a violation of this chapter, enforceable 
		as provided herein and also by appropriate legal action.
(Ord. 130, passed 4-5-93)

§ 51.89	CONFLICTS.
	Where provisions of any state or Authority law, rule or regulation, or any other 
	provision of this code impose greater restrictions or higher standards than 
	contained in this chapter, then the provisions of such law, rule, or regulation 
	shall control.
(Ord. 130, passed 4-5-93)

§ 51.90	REGULATORY AUTHORITY.
	The city may, from time to time, adopt by resolution rules and regulations 
	governing operational, maintenance and technical matters relating to the public 
	sewer system. Violation of any such rule or regulation shall constitute a 
	violation of this chapter and shall be subject to the penalties and other remedies 
	prescribed in this chapter.
(Ord. 130, passed 4-5-93)

§ 51.91	ADMINISTRATIVE LIABILITY.
	No officer, agent or employee of the city or the Authority or member of the City 
	Council or the Authority Board shall render himself or herself personally liable 
	for any damage that may accrue to any person as a result of any acts, decisions or 
	other consequences or occurrences arising out of the discharge of their duties and 
	responsibilities pursuant to this chapter.
(Ord. 130, passed 4-5-93)

§ 51.99	PENALTY.
	Violation of any provision of this chapter or failure to comply with any of its 
	requirements shall constitute a misdemeanor. Any person who violates this chapter 
	or fails to comply with any of its requirements shall, upon conviction thereof, be 
	punished as provided in § 10.99. The owner, tenant or any other person who 
	commits, participates in, assists in or maintains any violation of this chapter 
	may each be found guilty of a separate offense and suffer the penalties herein 
	provided. Nothing herein contained shall prevent the city or any other public 
	official or private citizen from taking such lawful action as is necessary to 
	restrain or prevent any violation of this chapter.
(Ord. 130, passed 4-5-93)