UTILITIES*
‑‑‑‑‑‑‑‑‑‑
*Cross reference(s)‑‑Buildings and building regulations, ch. 10; planning, ch. 62; solid waste, ch. 70; streets, sidewalks and other public places, ch. 74; subdivisions, ch. 78.
‑‑‑‑‑‑‑‑‑‑
Sec. 86-1. Definitions.
Sec. 86-2. Liens and enforcement.
Sec. 86-3. Other enforcement methods.
Secs. 86-4‑‑86-25. Reserved.
Division 1. Generally
Secs. 86-26‑‑86-35. Reserved.
Division 2. Rates
Sec. 86-36. Electric rate structure.
Secs. 86-37‑‑86-55. Reserved.
Article III. Water Service
Division 1. Generally
Sec. 86-56. Private water supply systems.
Sec. 86-57. Cross connections.
Secs. 86-58‑‑86-70. Reserved.
Division 2. Rates
Sec. 86-71. Standby charge.
Sec. 86-72. Water usage for city.
Sec. 86-73. Rural water usage rate, outside the city limits.
Secs. 86-74‑‑86-95. Reserved.
Article IV. Sewer Service
Division 1. Generally
Sec. 86-96. Treatment by city by special agreement.
Sec. 86-97. Protection from damage.
Sec. 86-98. Powers and authority of inspectors.
Sec. 86-99. Privies and septic tanks.
Secs. 86-100‑‑86-110. Reserved.
Division 2. Private Sewage Disposal
Sec. 86-111. Required where public sewer not available.
Sec. 86-112. Permit; application; fee.
Sec. 86-113. Inspections.
Sec. 86-114. Specifications.
Sec. 86-115. Installation of suitable toilet facilities and connection to public sewer upon notice.
Sec. 86-116. Connection of private system to public sewer.
Sec. 86-117. Maintenance.
Sec. 86-118. State regulations.
Secs. 86-119‑‑86-130. Reserved.
Division 3. Building Sewers
Sec. 86-131. Permit required.
Sec. 86-132. Classes of permits; application; fees.
Sec. 86-133. Cost of installation.
Sec. 86-134. Separate connection for each building.
Sec. 86-135. Old sewers, reuse.
Sec. 86-136. Construction standards.
Sec. 86-137. Elevation.
Sec. 86-138. Surface water drainage.
Sec. 86-139. Connection regulations.
Sec. 86-140. Approval of deviation from standard procedures and materials.
Sec. 86-141. Supervision of connection of building sewer to public sewer.
Sec. 86-142. Guarding of excavations.
Secs. 86-143‑‑86-155. Reserved.
Division 4. Sewer Use
Sec. 86-156. Stormwater disposition.
Sec. 86-157. Interceptors.
Sec. 86-158. Sewage flow determination.
Sec. 86-159. Inspection and sampling.
Sec. 86-160. Pretreatment standards.
Secs. 86-161‑‑86-170. Reserved.
Division 5. Rates
Sec. 86-171. Sewer standby service fees.
Sec. 86-172. Sewer usage rate.
Sec. 86-173. Township sewer use rates.
Sec. 86-174. Sewer only users.
Sec. 86-175. Violations.
Secs. 86-176‑‑86-195. Reserved.
Article V. Industrial Pretreatment
Division 1. Generally
Sec. 86-196. Purpose, policy and objectives of article.
Sec. 86-197. Administration and enforcement.
Sec. 86-198. Definitions.
Sec. 86-199. Abbreviations.
Secs. 86-200‑‑86-210. Reserved.
Division 2. Discharges
Sec. 86-211. General discharge prohibitions.
Sec. 86-212. Federal categorical pretreatment standards.
Sec. 86-213. Modification of federal categorical pretreatment standards.
Sec. 86-214. Specific pollutant limitations.
Sec. 86-215. State requirements.
Sec. 86-216. City’s right of revision.
Sec. 86-217. Dilution.
Sec. 86-218. Slug discharges.
Sec. 86-219. Discharge changes.
Sec. 86-220. Bypass.
Sec. 86-221. Hazardous waste.
Secs. 86-222‑‑86-230. Reserved.
Division 3. Fees
Sec. 86-231. Purpose of division.
Sec. 86-232. Charges and fees.
Secs. 86-233‑‑86-245. Reserved.
Division 4. Administration
Subdivision I. Generally
Sec. 86-246. Unpermitted wastewater discharge.
Sec. 86-247. Monitoring facilities.
Sec. 86-248. Inspection and sampling.
Sec. 86-249. Pretreatment.
Sec. 86-250. Confidential information.
Sec. 86-251. Records retention.
Sec. 86-252. Publication of significant noncompliance.
Secs. 86-253‑‑86-260. Reserved.
Subdivision II. Wastewater Discharge Permit
Sec. 86-261. Required.
Sec. 86-262. Application.
Sec. 86-263. Modifications.
Sec. 86-264. Conditions.
Sec. 86-265. Duration.
Sec. 86-266. Transfer.
Secs. 86-267‑‑86-275. Reserved.
Subdivision III. Reporting Requirements for Permittee
Sec. 86-276. Compliance date report.
Sec. 86-277. Periodic compliance reports.
Sec. 86-278. Non-significant industrial users.
Sec. 86-279. Reporting requirements for non-significant industrial users.
Sec. 86-280. Reporting of additional monitoring results.
Sec. 86-281. Reporting of violations.
Sec. 86-282. Resampling after violation.
Sec. 82-283. Additional report requirements.
Secs. 86-284‑‑86-290. Reserved.
Division 5. Enforcement
Subdivision I. Generally
Sec. 86-291. Right of appeal.
Sec. 86-292. Operating upsets.
Sec. 86-293. Affirmative defenses.
Sec. 86-294—86-295. Reserved.
Subdivision II. Administrative Enforcement Remedies
Sec. 86-296. Notification of violation.
Sec. 86-297. Consent orders.
Sec. 86-298. Show cause order.
Sec. 86-299. Compliance order.
Sec. 86-300. Cease and desist order.
Sec. 86-301. Administrative fines or penalties.
Sec. 86-302. Emergency suspensions.
Sec. 86-303. Termination of permit
Secs. 86-304—86-305. Reserved.
Subdivision III. Judicial Remedies
Sec. 86-306. Cause.
Sec. 86-307. Injunctive relief.
Sec. 86-308. Civil or criminal penalties.
Secs. 86-309‑‑86-310. Reserved.
Division 6. Penalty; Costs
Sec. 86-311. Municipal civil infractions.
Sec. 86-312. Criminal prosecution.
Sec. 86-313. Recovery of costs incurred by the authority.
Secs. 86-314—86-320. Reserved.
Division 7. Severability
Sec. 86-321. Generally.
Secs. 86-322—86-330. Reserved.
Division 8. Conflict.
Sec. 86-331. Generally.
This page intentionally left blank.
Secs. 86-1. Definitions.
Public Utilities shall mean all the utility services provided by the City of South Haven or a board or department of the City or by an authority of which the City is a constituent member including without limitation, public water service, public sanitary sewer service and treatment, electric service, power, light and heat
(Ord. No. 843, Sec. 1, 4-21-97)
Sec. 86-2. Liens and enforcement.
(a) Except as may be
prohibited by law or by subsection (6) of this section, all rates, fees and
charges for public utilities furnished to premises shall be a lien upon the
premises served which lien shall become
effective immediately upon supplying the public utility service to the
premises.
(b) If a tenant is occupying the
premises and the tenant is responsible for payment of the rates, fees or
charges relating to any public utility, then the owner/landlord of the premises
may give notice in writing to the City in the form of an affidavit stating the
following:
(1) The address or other appropriate description of the premises
or a specifically designated portion of the premises which is being leased.
(2) The name and address of the owner/landlord of the premises.
(3) The name and address of the tenant.
(4) The specific public utilities for which it is the
responsibility of the tenant to pay.
(5) The date when the lease will terminate, under its terms, if
established and shall include a copy of the lease, if there is a written lease.
(6) That the owner/landlord will give 20 days’ written notice
prior to the termination of the lease.
Upon receipt of such affidavit, the rates, fees and charges for the public utilities designated in the notice shall not become a lien against the premises after the date such notice is received. However, no further service of such public utilities shall be provided to the premises until the tenant pays a deposit, as may be established from time to time by the City for such public utility service.
(c) Rates, fees and charges
for any public utility which are delinquent in payment for a period of six (6)
months shall be certified by the City Manager to the City Assessor who shall
then enter the lien for such delinquent rates, fees and charges on the next tax
roll against the premises to which the public utility services were supplied.
The certification for delinquent charges shall identify the premises involved,
the public utility (e.g., sewer, water or electricity) for which payment is
delinquent, and the delinquent rates, fees and charges. Such certification may
be amended to reflect any additions to or reduction in the delinquent amount
until the confirmation of the final tax roll.
(d) Once the lien is placed
upon the tax roll, it shall be enforced and collected in the same manner as
real property taxes as provided by law for the collection of property taxes and
the enforcement of tax liens.
(Ord. No. 843, Sec. 1, 4-21-97)
Sec. 86-3. Other enforcement methods.
The provisions of
Section 86-2 shall be cumulative and shall not be deemed to preclude or
otherwise restrict other lawful enforcement methods relating to delinquent
utility service payments, including but not limited to, legal actions for
collection, the shut-off or discontinuance of utility services for nonpayment
in accordance with the policies and regulations from time to time established
by the City, and/or the requirement for and use of utility service deposits.
(Ord. No. 843, Sec. 1, 4-21-97)
Secs. 86-4‑‑86-25. Reserved.
ARTICLE II. ELECTRIC SERVICE
DIVISION 1. GENERALLY
Secs. 86-26‑‑86-35. Reserved.
DIVISION 2. RATES
Sec. 86-36. Electric rate structure.
The following are the electrical charges and rates for electrical service customers:
(1) Residential customers. Basic electric charge: $3.00/month; power usage rate: $0.063/kwh.
(2) Commercial customers. Basic electric charge: $6.00/month; power usage rate: $0.088/kwh.
(3) Commercial power customers. First 200 kwh, each .0365/kwh/kw; excess kwh, each .0340/kwh/kw; demand charge: $11.00/kw; minimum demand: 15 kw/month.
(4) Industrial and municipal customers. First 200 kwh, each .0365/kwh/kw; excess kwh each, .0300/kwh/kw; demand charge: $11.00/kw; minimum demand: 15 kw/month; primary metered customers: rebate of two percent of kwh usage.
(Res. of 10-21-90)
Charter reference(s)‑‑Establishment of utility rates, Sec. 13.4.
Secs. 86-37‑‑86-55. Reserved.
ARTICLE III. WATER SERVICE
DIVISION 1. GENERALLY
Sec. 86-56. Private water supply systems.
(a) Permit required. No person shall install or maintain any private water supply system within the city without first obtaining a permit therefore from the city council. Such permit will not be issued unless such water supply system meets the requirements of Act No. 98 of the Public Acts of Michigan of 1913 (MCL 325.201 et seq., MSA 14.411 et seq.), as amended, and the approval of the county health department.
(b) Interconnection of private and municipal water systems; permit required. There shall be no interconnection between any private water supply system and the municipal water system without first obtaining a permit therefore from the city council. Such permit shall not be issued unless such water supply system and the associated interconnection equipment meet the requirements of Act No. 98 of the Public Acts of Michigan of 1913 (MCL 325.201 et seq., MSA 14.411 et seq.), as amended, and the approval of the county health department.
(c) Installation of private wells. Construction of any well must meet the requirements of MCL 333.12701 et seq., MSA 14.15(12701) et seq., as amended.
(d) Penalty. Any person who violates, omits, neglects or refuses to comply with the provisions of this section shall be fined not to exceed $100.00 or imprisoned not to exceed 90 days, or both, in the discretion of the court for each offense.
(Code 1965, Sec. 7.03)
Sec. 86-57. Cross connections.
(a) Adoption of state department of public health rules. The city adopts by reference the water supply cross connection rules of the state department of public health, being R 325.11401 to R 325.11407 of the state administrative code, as amended.
(b) Inspections. It shall be the duty of the city to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the city and as approved by the state department of public health.
(c) Right of city to access for inspection; refusal deemed evidence of cross connections. The representative of the city shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the city for the purpose of inspecting the piping system thereof for cross connections. On request, the owner, lessee or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.
(d) Discontinuance of service until elimination of cross connection. The city is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this section.
(e) Protection of potable water supply. The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination, as specified by this section and by the state and city plumbing code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as: water unsafe for drinking.
(f) Section supplementary to state plumbing code. This section does not supersede the state plumbing code, but is supplementary to it.
(Code 1965, Sec. 7.04)
<