Genoa Township
Printed from http://www.genoa.org/government/ordinances/ordinance-sewerwater
on May 4, 2011 at 3:17am.

Genoa Sewer and Water Ordinance

Ordinance No. 960110: Genoa-Oceola Sewer & Water Authority Water Use and Rate Ordinance

The Genoa-Oceola Sewer & Water Authority Ordains:

Title

This Ordinance shall be known as the Genoa-Oceola Sewer & Water Authority Water Use and Rate Ordinance.

AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH BY OPERATION OF THE GENOA-OCEOLA SEWER & WATER AUTHORITY WATER SUPPLY SYSTEM ON A PUBLIC UTILITY BASIS UNDER THE PROVISIONS OF ACT 94, PUBLIC ACTS OF MICHIGAN 1933, AS AMENDED, AND TO PRESCRIBE THE CHARGE RATES FOR THE USE OF SAID FACILITIES AND TO PROVIDE FOR OTHER MATTERS PERTAINING TO SAID SYSTEM.

Purpose

The purpose of this Ordinance is to establish standards, rules and regulations concerning the use of the Genoa-Oceola Sewer & Water Authority Water System: to provide for the rates and charges for the connection to, and use of the System.

1. Definitions

1.1

For the purposes of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section unless the context in which they are used specifically indicates otherwise.

1.2 AWWA

"AWWA" - American Water Works Association

1.3 Commercial User

"Commercial User" shall mean any user of the System other than a residential user, or buildings used primarily as a domicile.

1.4 Commodity Charge

"Commodity Charge" shall mean a variable unit charge payable by a user based on the actual water consumption as determined in this Ordinance.

1.5 Consumer

"Consumer" - The person, or legal entity, served by or using water supplied by the Authority.

1.6 Consumer's Installation

"Consumer's installation" - All pipes, valves, stops, plumbing, and contrivances of every kind and nature used in connection with, or forming a part of, the consumer's installation for using water for any purpose, connected directly or indirectly with the corporation stop at the main.

1.7 Corporation Stop

"Corporation stop" - A valve which is inserted into the main for the connection of the water supply service pipes in sizes up to and including two inches in diameter.

1.8 Cross Connection

"Cross Connection" - Shall mean a connection or arrangement of piping or appurtenances through which water of questionable quality, wastes or other contaminants could possibly flow back into the Water Distribution System because of a reversal of flow.

1.9 Curb Box

"Curb Box" - A box or metal housing which encloses, protects and provides access to the curb stop.

1.10 Curb Stop

"Curb Stop" - A valve for insertion in the service pipes, in size of three-fourths inch (3/4") to two inches (2") in diameter, inclusive, at or near the curb line.

1.11. Department

"Department" - The division of water distribution of the Genoa-Oceola Sewer & Water Authority.

1.12. Director

"Director" - Shall mean the Director of Public Works or his authorized representative. The Director is the person designated by the Authority to supervise the operation of the Genoa-Oceola Sewer & Water Authority Water System.

1.13 Inspector

"Inspector" - The Livingston County Plumbing inspector or his designee or the inspector for the Genoa-Oceola Sewer & Water Authority.

1.14 Lot

"Lot" - Shall mean a parcel of land occupied or intended to be occupied by a main building. A lot may or may not be specifically designated as such on public records.

1.15 Meter Box

"Meter Box" - Any approved box or vault for the housing of water meter.

1.16 Permittee

"Permittee" - A consumer or his agent receiving a permit from the Authority allowing a connection to be made to the water system.

1.17 Person

"Person" - Shall mean any individual, firm, partnership, association, public or private corporation or public agency or instrumentality or any other entity receiving water service.

1.18 Premises

"Premises" - Shall mean each lot or parcel of land or building having any connection to the Water System.

1.19 Revenues

"Revenues" - Whenever the words "revenues" and "net revenues" are used in this ordinance, they shall be understood to have the meanings as defined in Section 3, Act 94, Public Acts of Michigan, 1933 as amended.

1.20 Service Cock

"Service Cock" - A valve for installation in water service pipes, located at or near the main.

1.21 Service Control Valve Box

"Service Control Valve Box" - A box or metal housing which encloses, protects and provides access to the service control valve.

1.22 Stop and Waste Valve

"Stop and Waste Valve" - A valve installed at the termination of the water supply service pipe of three fourths inch (3/4") and one inch (1") sizes, and at the beginning of the consumer's installation.

1.23 System

"System" - Shall mean Water System.

1.24 Tap

"Tap" - The drilling and threading of an opening in a main for insertion of a corporation stop.

1.25 Authority

"Authority" shall mean the Genoa-Oceola Sewer & Water Authority, a Michigan Municipal Corporation.

1.26 Authority Board

"Authority Board" - Shall mean the governing body of the Genoa-Oceola Sewer & Water Authority.

1.27 Water Connection

"Water Connection" - Shall mean that part of the Water Distribution System connecting the water main to a point terminating at a meter or meter pit or vault.

1.28 Water Service Pipe

"Water Service Pipe" - Shall mean that pipe connecting the water main with the premises served. This includes the connection to the water main or the corporation cock, the shutoff valve, and the valve on the inlet side of the meter.

1.29 Water Distribution System

"Water Distribution System" - Shall mean the entire system for distribution of potable water in the geographic area of the Authority's system.

1.30 Water Main

"Water Main" - Shall mean that part of the Water Distribution System located within easement lines or streets and designed to supply more than one water connection.

1.31 Water System

"Water System" - Shall be understood to mean the complete facilities of the Authority's Water Supply System including all wells, well houses, pumps, water storage facilities, and transmission lines, including all appurtenances thereto and including all extensions and improvements thereto, which may hereafter be acquired. It shall also consist of all plants, works, instrumentalities, lines and properties now or hereafter existing, used or useful in obtaining of a water supply, its treatment, distribution, and all other necessary functions, whether such installation is owned outright or used under lease or otherwise, by the consumer. The system may be comprised of separate facilities located in separate water supply districts.

2. Provisions Deemed Incorporated in all Contracts

2.1 Contract for Service

All provisions and sections of this ordinance about the Authority's Water System(s) and sale and use of water and/or amendments or additions which may be subsequently adopted, shall be considered a part of the contract with every person that is supplied with water through the water system of the Authority, and every person by taking water shall be considered to express his consent to be bound thereby, and whenever any provision or section of this ordinance about the water system is violated, the water may be cut off from the building or place of violation at the discretion of the Authority Board and shall not be turned on again except on correction of the violation and payment of the expenses of shutting off and turning on.

2.2 Save Harmless Clause

The consumer shall indemnify, save harmless and defend the Authority against all claims, demands, cost or expense for loss, damage or injury to persons or property in any manner, directly or indirectly, growing out of the transmission and use of water by the consumer from water service pipes installed by the consumer on the consumer's premises.

3. Administration / Management

3.1 Establishment of a Public Utility

It is hereby determined to be desirable and necessary for the public health, safety and welfare of the property owners in the Authority that the Authority's Water System be operated on a public utility rate basis.

3.2 Supervision and Control

The operation and management of the System, shall be under the immediate supervision and control of the Authority Board.

3.3 Rights

The Authority has the exclusive right to establish, maintain, and collect rates and charges for water supply service from the water system. The Authority Board may make such rules, orders or regulations as it deems advisable and necessary to assure the efficient management and operation of the System. The Authority may employ such person or persons in such capacity or capacities as it deems advisable to carry out the efficient management and operation of the system.

3.4 Operating Year

The system operation shall be based on an operating fiscal year commencing on October 1 and ending on the last day of September 30 the next following.

3.5 Compliance with State and Federal Standards and Regulations

Standards and regulations established in this Ordinance or pursuant hereto are deemed to be the minimum standards consistent with the preservation of the public health, safety and welfare and are necessary to fulfill the obligations of the Authority concerning State and Federal Law and the rules and regulations adopted pursuant thereto.

3.6 Additional Regulations

The Authority Board may by resolution make additional rules and regulations concerning the Water Distribution System, connections thereto, meter installation and maintenance, hydrants and water mains and appurtenances thereto, which are not inconsistent herewith.

3.7 Restricting Water Use

The Authority Board may regulate, limit or prohibit the use by a consumer of the authority's supplied water for any purpose. Such regulations may limit use of water by a consumer to the extent deemed necessary to assure an adequate supply for essential needs and for fire fighting.

4. Authority's Liability Exemption

4.1

The Authority shall not be responsible for interruptions of service because of natural calamities, equipment failures, or actions of the system users. It shall be the responsibility of the consumer that all connected equipment remain in good working order. No claim or cause of action may be asserted against the Authority by reason of the breaking away of any pipe, service cock, or for any other interruption of the water supply.

4.2

The Authority shall not be liable for any expense incurred by a permittee in locating mains, services, curb stops, and water records.

5. Access

5.1 Inspection

The Director and other duly authorized representatives of the Authority bearing proper credentials and identification shall be permitted to enter upon all properties served by the water system at reasonable times for the purpose of inspection, observation, measurement, sampling and testing to determine compliance with the provisions of this Ordinance. Any person who requests water supply and/or receives water from the Water System under this Ordinance shall be deemed to have consented to inspections pursuant to this section, including entrance upon such person's property at reasonable times to make inspections.

5.2 Meter Reader Access

Any duly authorized agent or employee of the Authority shall have access to the consumer's premises at all reasonable hours for the purpose of reading meters, inspections, doing repairs or installing or removing any or all Authority owned apparatus used for providing service to the consumer.

6. Use

6.1 Consumers Use of the Water System

Any person owning property within a water supply district established by the Authority and conforming to the standards, rules and regulations established in or under terms of this Ordinance shall be permitted to receive water, as long as it is available, from the water system provided necessary water supply lines are in existence and abutting the consumer's property.

6.2 Connection Permits Required; Applications; Deposits; Contents

6.3 Use on One Connection; Limitation

6.4 Existing Private Wells

7. System Prohibitions

No person in the Authority District shall:

7.1

Willfully, negligently, or maliciously break, damage, destroy, uncover, deface or tamper with or alter, any structure, property, appurtenance, equipment or any other item which is part of the Water System.

7.2

Remove any water meter, water pipe, other water equipment or tools.

7.3

Prevent or circumvent a water meter from measuring water supplied by the water system.

7.4

Fraudulently obtain water from the water system, or to waste water from the water system.

8. Enforcement

8.1 Penalties

Any person found to be violating any provision of this Ordinance shall be served with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Any person convicted of a violation of any provision of this Ordinance, shall be punished by a fine of not more than $500, or by imprisonment of not more than 90 days or both such fines and imprisonment in the discretion of the court.

8.2

A violation of this Ordinance is also declared to be a public nuisance and the Authority may enforce same by injunction or other civil remedy, including the right to correct the violation and recover the costs of obtaining the necessary correction from the owner or person in charge of the premises therefore.

9. Established of Rates

9.1 Purpose of Charges

10. Payment for Use of the System

10.1 Responsibility for Payment

10.2 Billing, Collections and Customers Payments

11. Meters

11.1 Meters Required: Use

11.2 Water Meters; Type; Size Determination

11.3 Water Meters; Installation; Location; Regulations

11.4 Failure to Register; Water Usage; Amount

11.5 Water Meters; Test, Inspections

11.6 Meter Repairs

11.7 Meters, Seals; Tempering, etc., Prohibitions

12. Connections

12.1 Water Connections

Water Connections shall not be made unless the water main extends across the total frontage of a lot to be served or across the total frontage of the lot facing one street in the case of a corner lot.

12.2 Tapping Mains; Applications, Requisites

12.3 Service Control Valves, and Curb Boxes

12.4 Water Service Pipe; Installation, Requirements

12.5 Completion of Work; Inspection Required

12.6 Repair

13. Hydrants and Use

13.1

All water mains on private property, 6" or larger with fire hydrants, shall be installed at the property owner's expense and shall be conveyed to the Authority by the property owner, and at his expense the property owner shall provide a recorded easement sufficient for maintenance and repair of the same.

13.2

No person shall open an Authority owned fire hydrant without the express permission of the Director, excepting a municipal fire department, who may at any time open a fire hydrant for the purpose of obtaining water for extinguishment of fires.

14. Cross-Connections Rules Adopted

14.1 Cross Connection; Prohibition

14.2 Inspections

That it shall be the duty of the Authority to cause inspections to be made of all properties served by the public water supply where a cross connection with the public water supply is deemed probable. The frequency of inspections and re-inspections based on potential health hazards involved shall be established by the Authority. The cost of inspection as determined by the Authority shall be borne and paid by the property owner upon which the inspection takes place.

14.3 Entry Rights

That the Director, or his designee shall have the right to enter at any reasonable time any property served by a connection to the public water supply of the Authority, for the purposes of inspecting the piping system or systems thereof for cross connections. On request the owner, lessees, or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed prima facie evidence of the presence of cross connections.

14.4 Cross Connection Shutoff

Where contamination of any water main is an immediate possibility or where contamination of any main occurs and a cross-connection, is found, the Authority may order the water to be immediately shut off without giving notice to the owner or occupant of land as prescribed herein.

14.5 Correction Required

Water service to such property shall not be restored until the cross connection(s) have been eliminated in compliance with the provisions of the ordinance.

14.6 Protection and Notification

That the potable water supply made available on the properties served by the Water Supply System shall be protected from possible contamination as specified by this ordinance and by the State and County Plumbing Code as adopted, amended and modified by Livingston County and the State of Michigan. 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 *
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14.7 Supplemental

That this ordinance does not supersede any State of Michigan or Livingston County Plumbing Code or ordinance, and it shall be supplementary to such other lawful regulations as may from time to time be adopted.

14.8

The Authority is authorized and directed to take such other precautionary measures as may be deemed necessary to eliminate any danger of contamination of the water system. Water service to the land in question shall not be restored until either the cross-connection has been eliminated, or evidence furnished and access permitted to enable the Authority to determine that no cross-connection prohibited by this Chapter exists.

15. Severability

15.1

If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance.

16. Conflicts or Repealer

16.1 Conflicts

All ordinances, or parts thereof, in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed.

16.2 Repealer

If part or parts of this ordinance are for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of remaining portion of this ordinance.

17. Publication

This ordinance shall be published once in full, in a newspaper of general circulation or a summary thereof within the boundaries of the Authority, promptly after its adoption, and the same shall be recorded in the Ordinance Book of the Authority Secretary and filed with the County Clerk, and such recording authenticated by the signatures of the Authority Chairman and Authority Secretary.

18. Effective Date

This ordinance shall become effective upon publication. Adopted at a Regular session of the Authority Board for the Genoa-Oceola Sewer & Water Authority On ________________________________________.

________________________________
ROBERT MURRAY
Chairman
Genoa-Oceola Sewer & Water Authority

________________________________
EVELYN CORNELL
Secretary
Genoa-Oceola Sewer & Water Authority

19. Certifications

CERTIFICATE OF ADOPTION

I, EVELYN CORNELL, Secretary of the Genoa-Oceola Sewer & Water Authority, hereby certify that the foregoing is a true, correct, and complete copy of Genoa-Oceola Sewer & Water Authority Water Use and Rate Ordinance adopted by Genoa-Oceola Sewer & Water Authority at a regular meeting held on the _____________________________ and that public notice of said meeting was given according to the requirements of law, as made and provided.

___________________________________
EVELYN CORNELL
Secretary
Genoa-Oceola Sewer & Water Authority

 

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