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Sewer system legal agreements & lawsuits


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These are the various legal agreements between Green Oak Township, Northfield Township, and Hamburg Township which prescribe the Wastewater Treatment Plant. Also included is documentation of the various local and regional lawsuits about wastewater treatment.

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Sewer system legal agreements & lawsuits

  1. 1. N RTH FIELD TOW’ N SHIP . ll. *]. I() To: Northfield Township Board From: Howard Fink Date: ‘l 1/6/2014 Re: Sewer Capacity Legal lnformation Dear Township Board, Attached you will find legal documents on the sewer capacity regarding Green Oak Township. Paul Burns will be on hand at the meeting for any question in that regard. m Regards, /44: , Howard Fink , Township Manager
  2. 2. STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF LIVINGSTON LAKELAND PROPERTY OWNERS ASSOCIATION. a Michigan unincorporated voluntary association, and TOWNSHIP OF HAMBURG, a Michigan body corporate, jointly and severally, Civil Action Ng_ 7o-1453-cE I-ION. DANIEL A. BURRESS Plaintiffs, AND PORTAGE, BASE, AND WIIITEWOOD OWNERS ASSOCIATION, INC. , a Michigan non-profit corporation, formerly known as PORTAGE AND BASE LAKE ASSOCIATION, lNC. . a Michigan non-profit corporation, Intervening Plaintiff, ,. ‘TOWNSHIP OF NORTHFIELD. a Michigan body corporate, Defendant, AND TOWNSHIP OF GREEN OAK, a Michigan body corporate, Intervening Defendant. Lakeland Property Owners Assoc. HOOPER, I-IATI-IAWAY, PRICE. A Michigan Unincorporated BEUCHE & WALLACE Voluntary Association Attorneys for Plaintiff In Pro Per Township of Hamburg BY: BRUCE T. WALLACE (P24l48) Portage, Base and Whitewood BY: WILLIAM J. STAPLETON (P3 8339) Owners Association, Inc. 126 South Main Street In Pro Per Ann Arbor, Michigan 48104 (734) 662-4426 PAUL BURNS (P3 I596) CONNELLY, CROWLEY. GROTH Attorney for Defendant & SEGLUND Township of Northfteld BY: BRUCE R. SEGLUND (P32-I46) I33 W. Grand River . -Xttorneys for Intervening Defendant Brighton. MI 481 l6- I600 Green Oak Township (810) 229-676l 2410 S. Commerce Road Walled Lake, Michigan 48390 (248) 624-4505 . :. MENDED CONSENT JUDGMENT
  3. 3. THIS CONSENT JUDGMENT made this day of April 2002, by and between TOWNSHIP OF HAMBURG, a general law township, whose address is 10405 Merrill Road, Post Office Box l57, Hamburg, Michigan, 48139 (“HAMBURG”), TOWNSHIP OF NORTHFIELD, a general law township, whose address is 75 Barker Road, Post Office Box 576, Whitmore Lake, Michigan 48189 (“NORTHFIELD”), and TOWNSHIP OF GREEN OAK, a general law township, whose address is 10001 Silver Lake Road, Brighton, Michigan 48116 (“GREEN OAK”). WITNESSETH: WHEREAS, NORTHFIELD, GREEN OAK and HAMBURG own and operate wastewater treatment works (hereinafter “plants”), the NORTHFIELD and GREEN OAK plants being located in Green Oak Township in the County of Livingston, and the HAMBURG plant being located in Hamburg Township, County of Livingston, State of Michigan; and WHEREAS, NORTHFIELD, GREEN OAK and HAMBURG are desirous of settling pending litigation between them in the case of “Lakeland Property Owners, et. al. and Hamburg Township vs. Northfield Township and Green Oak Township, ” Case No. 70-I453-CE in the Livingston County Circuit Court, and creating a mechanism to ensure monitoring of the plants, cooperation among the respective Townships and speedy resolution of disputes which arise as a result of the operation of the plants, their effects upon the respective townships, and overall environmental protection; and WHEREAS, Act Number 200 of Public Acts of 1957, as amended, (MCLA l23.63l to 123.637) provides for the creation by 2 or more municipalities of an interrnunicipal committee for the purpose of studying area problems; and
  4. 4. WHEREAS, NORTHFIELD, GREEN OAK and HAMBURG are desirous of creating such a intennunicipal committee to avoid further litigation regarding wastewater disposal services in each township, and WHEREAS, NORTHFIELD, GREEN OAK and HAMBURG agree that the resolution of wastewater disposal service and environmental issues in a swift, effective, and conclusive manner is of paramount concem in each township; and WHEREAS, NORTHFIELD, GREEN OAK and HAMBURG are desirous of entering into an agreement whereby future disputes regarding sewage disposal services and watershed protection in each township that may arise would be transmitted to and reviewed by the intermunicipal committee for orderly resolution of the matter; and WHEREAS, NORTHFIELD, GREEN OAK and HAMBURG agree that because of the proximity of the respective plants to each township and the environmentally sensitive nature of the service area, it is in the best interests of NORTHFIELD, GREEN OAK and HAMBURG to create such an interrnunicipal committee to review issues and make recommendations regarding sewage disposal services and related environmental issues in each township; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. GRANT OF EXPANSION OF NORTHFIELD’S WASTEWATER TREATMENT PLANT In further consideration of the mutual promises herein, HAMBURG and GREEN OAK agree that the existing NORTHFIELD wastewater treatment plant can be immediately expanded and operated, in accordance with MDEQ Permit No. Ml0023710, issued November 14, 1997, at 2.25 million gallons per day (mgd) by duplicating the current technology utilized at NORTHFlELD’s wastewater treatment plant which would also include the construction of an equalization basin, as more particularly defined in Exhibit A. The design and construction as set forth in Exhibit A are approved by the parties and are not subject to the review provisions of the Consent Judgment.
  5. 5. 2.: REATION OF INTERMUNICIPAL SEWER COMMITTEE ISC A. The goveming bodies of NORTHFIELD, GREEN OAK and HAMBURG shall, by resolution in each respective body, establish and organize an intermunicipal committee, to be known as the Intermunicipal Sewer Committee (“ISC”). The ISC shall consist of six (6) members, two (2) from each township NORTHFIELD, GREEN OAK and HAMBURG. Each township board shall appoint two (2) committee members (“appointee”) within 60 days of the execution of this Consent Judgment and thereafter every two (2) years at each township’s first regularly scheduled township board meeting of the year. No appointee shall be a member of any member township's board of trustees. It is mutually understood that given the technical nature of issues that will be facing the ISC in the future, it is prudent that the ISC be made up of individuals familiar with environmental issues. In the event an ISC committee member resigns, his or her appointing township board shall appoint a new representative within 45 days of said resignation. The new appointee shall fill the vacancy for the unexpired term. The board of each member township may remove any or all of its appointed representatives at any time if it is deemed by a majority of members of the township board that such removal is in the best interest of the township. Resignations and/ or removal of appointments shall not inhibit the actions of the ISC and the ISC shall be empowered to perform as if the appointee were never appointed and the ISC were fully staffed. Each appointee shall qualify by taking the constitutional oath of office and filing it with the appropriate clerk of the municipality. The volunteer ISC members shall serve without compensation from ISC funds. The respective member townships, at their option, may compensate
  6. 6. their representatives consistent with compensation policies for other citizen boards of the respective municipality. C. The ISC shall meet at least quarterly and at such other times and places as shall be determined by the ISC or as compelled by member township requests for review of disagreements. The ISC shall maintain minutes of its meetings and hold them open for review. D. The ISC may establish By-Laws and Procedures not inconsistent with this Consent Judgment and subject to the approval of the member townships’ legislative bodies. 3. PURPOSE OF INTERMUNICIPAL SEWER COMMITTEE (ISC) The ISC shall study currently existing, publicly owned treatment plants located within HAMBURG, NORTHFIELD and GREEN OAK and shall study wastewater effluent to formulate written recommendations for the best available technology that is practical. economically feasible and effective for each community’s treatment plant. 4. DUTIES AND POWERS or INTERMUNICIPAL SEWER COMMITTEE rsc ___: ______: ______. ._____. ___. _______(___l A. The ISC shall have general authority to monitor the member townships‘ existing sewage plants and make recommendations thereto. The existing sewage treatment plants shall mean (i) the Northfield Township Waste Water Treatment Plant on Leman Road in Green Oak Township, (ii) the Hidden Lake Waste Water Treatment Plant located on Silver Lake Road in Green Oak Township, and (iii) the Hamburg Township Waste Water Treatment Plant located on M-36 in Hamburg Township. B. The ISC shall monitor the member townships’ existing sewage plants for compliance with effluent levels to be established by the Michigan Department of Environmental Quality and for best efforts to achieve effluent goals recommended
  7. 7. by the experts described in paragraph 4(F) below. In addition, the ISC shall monitor the member townships for sewage plant spills. The ISC shall compile and report these statistics to the member townships quarterly. The ISC shall review any proposed wastewater treatment plant expansions or modifications except as set forth herein. The ISC shall in the first year of this Consent Judgment commission a Wastewater Treatment Plant Technology Study and commence a Watershed Study in accordance with the criteria described in Exhibits B and C. The ISC shall review any studies performed at the direction of this ISC. Each member of the ISC shall appoint an expert to conduct the studies set forth in paragraph 4(D) and serve the ISC. The ISC may employ any other personnel deemed necessary to coordinate and conduct all types of surveys and studies relating to the watershed issues and make individual or joint written recommendations as to the best available and economically feasible technological solution to such issues. However, in the event a dispute proceeds to Arbitration pursuant to Paragraph 6 of this Agreement, the disputing parties shall each select one expert. The two selected experts shall select a third expert. Time deadlines for the selection of experts for the purposes of Arbitration shall be determined by the Arbitration panel. The ISC shall adopt, by resolution of a majority of its full membership, any expert recommendation for submission to each member township's goveming body. The ISC may publicize its purposes. objectives and findings, and may distribute reports thereon. The ISC shall make an annual report of its activities to each member township's governing body.
  8. 8. J. Unless otherwise specified in this agreement, the ISC shall act upon a majority vote of all of its members at any regular or special meeting. 5. FUNDING OF INTERMUNICIPAL SEWER COMMITTEE (ISC) For the purpose of providing funds to meet the expenses of the ISC, the member townships’ goveming bodies shall, by resolution, authorize the allocation of municipal funds for such purpose. Each member township shall make a minimum contribution of fifteen thousand dollars ($15,000.00) per annum commencing with entry of this Consent Judgment and thereafier on the anniversary thereof, ending five (5) years hence. Additional funding shall be based on the recommendation of the ISC and approved by a majority vote of each member township's board of trustees, with each member township bearing 33.34% proportion of the total additional funds approved. Funding of the ISC shall not be subject to Arbitration. Each Township shall establish a fund within their respective budgets to be monitored by the Treasurer for each Township. The ISC shall submit proportionate costs to each Township quarterly for payment. A. The ISC may accept gifts and grants from the federal govemment, state govemment and local govemments, also from private individuals, foundations or agencies, if the grants are made for furtherance of the objectives for which the committee is established. Any funds received by the ISC shall be divided by 33.34% and deposited into each Township’s ISC fund. B. The ISC shall maintain records relative to its operation and hold them open for review. 6. PROCEDURE OF BINDING ARBITRATION In the event that a recommendation of the ISC is not unanimous, the dissenting township's goveming body may demand that the dispute be submitted to binding arbitration by a three-person arbitration panel. Such dispute and any other claims or disputes regarding
  9. 9. wastewater treatment or watershed protection shall be subject to binding arbitration in accordance with the following procedures: A. The aggrieved township may give notice of its intent to arbitrate any environmental dispute within thirty (30) days of any recommendation or action giving rise to the claim or dispute. B. The disputing parties shall each have fifteen (15) days from the date of the notice described in paragraph 6(A) to select and name one arbitrator to the arbitration panel. The two selected arbitrators shall have fifteen (15) days to name the third arbitrator. C. Arbitrators cannot be appointed from the legislative bodies of the member townships’ goveming bodies. The arbitration panel shall determine the procedure for arbitration other than the timeline set forth herein. D. The arbitration panel shall report its findings on the claim or dispute to each member legislative body within sixty (60) days of being constituted or such other reasonable time period as the arbitrators deem appropriate and issue a binding decision regarding the grievance. E. HAMBURG, NORTHFIELD and GREEN OAK each agrees to consider itself bound and to be bound by any decision made by the arbitrators pursuant to this agreement. The parties further agree that the binding decision is in lieu of any and all statutory or common law remedies and there shall be no review or appeal, e. g. judicial, administrative, or otherwise. F. The Arbitrators shall have discretion to award costs and fees upon a finding that any parties‘ objections were improvidently made. G. The parties agree that a judgment of the Livingston County Circuit Court may be rendered upon the arbitration award made pursuant to this Consent Judgment.
  10. 10. .4 7.» TERM The tenn of this Consent Judgment shall commence on the date hereto and terminate five (5) years hence. HAMBURG, NORTHFIELD, and GREEN OAK agree that this Consent Judgment may be extended if mutually agreeable terms are agreed upon by HAMBURG, NORTHFIELD, and GREEN OAK at the time of the expiration of this Consent Judgment. 8. TERMINATION Termination of this Consent Judgment shall be by Petition for Tennination to the Livingston County Circuit Court for good cause shown. 9. BOUND BY THIS CONSENT JUDGMENT Each party agrees to adopt ordinances effectuating this Consent Judgment and binding them to all rules, processes and conditions of this Consent Judgment to the same extent that the other parties to this Consent Judgment are so bound. 10. DEFAULT The parties pledge their full faith and credit for all duties set forth in this Consent Judgment. 1 l. FAILURE OF PERFORMANCE No failure or delay in the performance of the executed Consent Judgment by the parties shall be deemed to be a breach thereof when such failure or delay is occasioned by or due to any Act of God, strikes or lockouts, wars, riots, epidemics, or other similar cause, whether of the kind herein enumerated or otherwise not in the control of the party claiming suspension. 12. NON-ASSIGNABILITY It is hereby agreed that this Consent Judgment shall be binding upon all successor govemmental units which may assume jurisdiction over all or part of the areas now govemed by the parties.
  11. 11. 1 SEVERABILITY Should any provision of this Consent Judgment be found by a court of law to be unconstitutional it shall be severed from the Consent Judgment and the remaining provisions shall remain in full force and effect. 14. CONFLICTS WITH OTIIER JUDGMENTS NORTHFIELD, GREEN OAK and HAMBURG all acknowledge that the Hidden Lake Waste Water Treatment Plant is subject to the terms and conditions of a certain Judgment and Amended Judgment in the case of “Beck Development, et. al. vs. Green Oak Township. et. al. ." Case Number 95-14297-Cl-I in the Livingston County Circuit Court. NORTHFIELD, GREEN OAK and HAMBURG agree that. in case of conflict between this Consent Judgment and the terms and conditions of the Judgments in Case No. 95-14297-CH. the terms and conditions of the Judgments in Case No. 95-l4297—CH shall control and nothing in this Consent Judgment shall be interpreted or construed to negate or modify in any way the terms and conditions of the Judgments in Case No. 95-14297-CK. IN WITNESS WHEREOF. the parties have set their hands and seals the day and year first above written. HON. DANIEL A. BURRESS DANIEL A. BURRESS / CIRCUIT COURT JUDGE gs“; : »,/ ’,,4 57 . .}7 -’ I , "‘- "‘
  12. 12. APPROVED AS TO FORM AND CONTENT: HOOPER, I“lA'I‘HAWAY, PRICE. BEUCHE & WALLACE Attomeys for Plaintiff Township of I-Iamburg ‘x _; BRUCE T. WALLACE (1924148) 126 South Main Street Ann Arbor. Michigan 48104 HAMBURG TOWNSHIP :1 general law township By: Howard Dillman Its: Supervisor anna G. Hardesty erk ll
  13. 13. FROM 2P! -‘IIJL E BURNS FPIX NO. 281232235895 Rpr. 26 2392 92:51PM P14 CCJNl‘El. LY. CROWLEY. GROTH Isl SEGLLND Attorneys for [ntervening Defendant Cirecn Oak Township Edi! ) Commerce. cad Walled Lake. Michigan 48390 GREEN OAK TOWNSHIP a general law township : Mark St. Charles lts: Supervisor By: Michael Scdlnk Its: Clerk
  14. 14. LAW OFFICE OF PAUL BURNS " Attorneys for Defendant Northli? » Township / PAUL E. BURNS (P3 1596) 133 West Grand River Brighton. Michigan 481 lo NORTHFIELD TOWNSHIP a general law township By: Mike McFarlan Its: Supervisor fj/ iii/ z,4/{L Qty tU~/ Lie: _, : Michele K. Manning Its: Clerk
  15. 15. EXHIBIT A EQUALIZATION BASIN These improvements would include the construction of a concrete basin to dampen the peak flow entering the WWTP. Related appurtenances would include: How metering, aeration/ mixing equipment, revisions to the grit/ screening facilities, related electrical/ instrumentation work. piping modifications and necessary site improvements. WVVTP EXPANSION TO 2.25 MGD These improvements would duplicate existing treatment technology at the WWTP including the addition of: flow splitting structures, primary settling tank(s), aeration tank(s)/ equipment. final settling tanI<(s). RAS pumping facilities. aeration blowers/ ‘piping, tertiary flterts). sludge storage, digester improvements, standby power improvements, electrical/ instrumentation and necessary site improvements. REFERENCE TO PLANS AND SPECIFICATIONS This Exhibit A references and incorporates by such reference the plans, documents. drawings, concepts and specifications ("the current Design and Construction Plans") provided by l. *'orthfield Township and reviewed by Hamburg Township and the same are made a part of this Exhibit A as though fully set forth herein: P/ /fa‘) / " The parties understand and agree that the Current Design and Construction Plans may he 'neneeforth from time to time amended or modified and that any such amendments and modifications. insofar as the technology remains consistent with the concepts and standards contemplated in the Current Design and Construction Plans. shall be deemed approved by Hamburg Township as though fully set forth herein.
  16. 16. EXHIBIT B Wastewater Treatment Plant Technology Study Criteria: Review current available wastewater treatment technology suitable to the member townships‘ respective treatment plants. Review existing plant specifications, engineering, and operations and current plans, specifications and engineering drawings and information relating to any proposed plant expansions except 2.25 MGD. HAMBURG and GREEN OAK agree that the existing NORTHFIELD wastewater treatment plant can be immediately expanded and operated, in accordance with MDEQ Pennit No. Ml0023710, issued November 14, 1997, at 2.25 million gallons per day (mgd) by duplicating the current technology utilized at NORTHFlELD’s wastewater treatment plant which would also include the construction of an equalization basin, as more particularly defined in Exhibit A. The design and construction set forth in Exhibit A are approved by the parties and are not subject to the review provisions of the Consent Judgment. Propose recommendations for specific technology applicable to any proposed plant expansions. Recommend specific effluent goals for each plant including but not limited to recommendations regarding nitrogen and phosphonis.
  17. 17. EXHIBIT C Watershed Study Criteria Define goals, methodologies, and protocols for long tenn study of watershed area. Define sampling plan and specify activities and schedules for implementation of proposed plan. Propose implementation of this study within an initial $22,500 budget in year one and up to approximately $30,000 in each of years two through five, subject to adjustment based upon additional funding requirements for Wastewater Treatment Plant study during the term of this Consent Judgment.
  18. 18. TOWNSHIP OF NORTHFIELD - TOWNSHIP OF HAMBURG This Agreement is made this /7x5 day of March 1991 between the Township of Northfield, a general law township with offices at 75 Barker Road, P.0. Box 576, whitmore Lake Michigan 48189 (hereinafter "Northfield"), and the Township’ of Hamburg, a general law township, with offices at 10405 Merrill Road, P.0. Box 157, Hamburg, Michigan 48189 (hereinafter "Hamburg"). RECITALS WHEREAS, NORTHFIELD is the owner and operator of a wastewater treatment plant (hereinafter "P1ant") located in the Township of Green Oak, County of Livingston, State of Michigan; and WHEREAS, on December 5, 1989, Northfield filed a Verified Petition for Amendment of an Order of the Livingston County Circuit Court entered on May 4, 1972 and a Supplemental Order entered on September 11, 1978 in the case of Lakeland Property Owner's Association, et al. v Northfield Township, et al. , Case No. 1453; and WHEREAS, the Verified Petition filed by NORTHFIELD sought to obtain the Livingston County Circuit Court's permission to increase the Plant's capacity from 750,000 gallons per day to one Million Five Hundred Thousand (1,500,000) gallons per day; and WHEREAS, Act 129 of Public Acts of 1943, as amended, provides that any two or more political subdivisions may contract relative to the furnishing of sewage disposal services by one political subdivision to another political subdivision; and WHEREAS, NORTHFIELD and HAMBURG are desirous of entering into an agreement whereby sanitary sewage generated by certain residential and commercial users in HAMBURG Township would be transmitted to and treated in NORTHFlELD’s Plant; NOW, THEREFORE, in consideration of the promises and covenants of each other, the parties agree as follows: I. CAPACITY A. NORTHFIELD shall be permitted to increase the capacity of its wastewater disposal plant to One Million Five Hundred Thousand (1,500,000) gallons per day based upon an annual average under the terms and conditions set forth in this Agreement and the Supplemental Order dated March / ??%, 1991 1
  19. 19. and entered by the Livingston County Circuit Court in the case of Lakeland Pro ert owners Association et al. v Northfield Township, et al. , case No. 1453; and B. The expansion is expected to occur in phases. Phase 1 is expected to increase the capacity of the Plant to one Million one Hundred Thousand (1,100,000) gallons per day. Phase 2 is expected to increase the capacity of the Plant to one Million Three Hundred Thousand (1,300,000) gallons per day. Phase 3 is expected to increase the capacity of the Plant to one Million Five Hundred Thousand (1,500,000) gallons per day. NORTHFIELD, in its discretion, may combine the phases and determine the timing of phases. NORTHFIELD agrees to exercise due diligence in the construction of its expanded Plant so as to provide service to HAMBURG pursuant to the terms of this Agreement. This provision is not intended to modify paragraph V(B) of this Agreement. II. SEWAGE DISPOSAL SERVICE BY NORTHFIELD A. NORTHFIELD agrees to receive and treat sanitary sewage from HAMBURG provided that the flow does not exceed Two Hundred Fifty Thousand (250,000) gallons per day based upon an annual average, within eighteen (18) months after NORTHFIELD receives payment pursuant to paragraph IV(A) of this Agreement; and B. The effluent from HAMBURG shall emanate only from an area of HAMBURG outlined in Attachment "A" attached hereto, dated March gggj , 1991 and signed by the Supervisor and Clerk for each Township. said effluent shall emanate only from residential homes and commercial establishments. No industrial effluent shall be permitted. The map may be altered with the written agreement of NORTHFIELD which may not be unreasonably withheld. It is the intent of the parties that the properties abutting Strawberry Lake, excluding the properties commonly referred to as the "Bluffs", be provided with sanitary sewage disposal service. HAMBURG agrees to use its best efforts to provide service to said properties. III. PURCHASE OF SEWAGE DISPOSAL A. No free service shall be furnished to any person, firm or corporation, public or private, or to any public agency or . instrumentality; B. Prior to connection HAMBURG agrees to have its users submit to NORTHFIELD a "Sewer Tap-in Permit Eligibility Application" for each proposed connection to the NORTHFIELD system, a copy of which is attached as Attachment "B", dated March / jgjt , 1991 and signed by the Supervisor and Clerk for each Township;
  20. 20. C. Additional statistical information shall be supplied to NORTHFIELD by HAMBURG or its users on all nonresidential establishments to calculate sewage capacity and/ or appropriate pretreatment facilities in accordance with NORTHFlELD’s ordinance prior to any connection to the NORTHFIELD system. Such statistical information may include, but not be limited to, square footage, seating capacity, number of employees, anticipated water usage, number of rooms, type of facility and proposed uses; and D. HAMURG consents to the use by NORTHFIELD of the public streets, alleys, lands and rights-of—way in HAMBURG for the purpose of operating, maintaining and repairing the sewage disposal service supplied by NORTHFIELD to individual users in HAMBURG. HAMBURG further consents to the furnishing of sewage disposal service to the individual users situated in HAMBURG. In consideration of the furnishing by NORTHFIELD of sewage disposal service to individual users in HAMBURG, HAMBURG agrees that such performance by NORTHFIELD shall be in lieu of all licenses, fees, rentals, taxes or charges which HAMBURG or other assessment district or governmental unit might otherwise levy and impose upon NORTHFIELD for the furnishing of sewage disposal service in HAMBURG. IV. COMBENSATION A. CAPACITY RESERVATION CHARGE (1) HAMBURG agrees to share all of the design, engineering, inspection, construction, legal and other associated costs of the expansion of the Plant from seven Hundred Fifty Thousand (750,000) gallons per day to one Million Five Hundred Thousand (1,500,000) gallons per day on a pro-rata basis. The formula to be employed for calculating HAMBURG's payment shall be as follows: 1/3 the Total Plant Expansion Project Cost + one Thousand Five Hundred ($1,500.00) Dollars per Residential Equivalent Unit (which represents the current connection permit charge) = Total amount owed by Hamburg (2) NORTHFIELD shall supply HAMBURG with the cost of phase 1 after contracts have been let, and an estimate of the design and construction cost of all remaining construction phases; (3) Residential equivalent unit(s), to be assigned to properties within the territory set forth in 3
  21. 21. Exhibit "A", shall be defined and determined in accordance with NORTHFlELD’s ordinances which may be modified from time to time; (4) Both parties acknowledge that bids have not been received nor awarded for the Plant expansion. Unforeseen construction problems may cause increases in the estimated total project cost, therefore, HAMBURG agrees to pay, when billed within thirty (30) days, the difference between the projected cost estimate and actual cost incurred in accordance with the formula established above. Conversely, the cost may result in an overpayment by HAMBURG; therefore, HAMBURG shall be entitled to a proportionate reimbursement plus interest at the rate the funds from HAMBURG were previously invested by NORTHFIELD which is to be paid within thirty (30) days of completion of the project; (5) The capacity reservation charge shall be paid by HAMBURG to NORTHFIELD prior to NORTHFIELD providing any services under this Agreement, but in no event later than twenty—four (24) months from the date of execution of this Agreement; and (6) HAMBURG agrees to exercise due diligence in the establishment of its special assessment districts, construction of sewer lines and connection therewith. CONNECTION PERMIT CHARGE - SEWAGE DISPOSAL SERVICE (1) HAMBURG agrees to require each person having control of a structure in which sanitary sewage originates, and each owner and each occupant of such a structure to be connected to an available public sanitary sewer. such connection shall be completed promptly, but in no case later than ninety (90) days from the date of publication of a notice by the HAMBURG Township Clerk of the availability of the public sanitary system in a newspaper of general circulation in the Township of HAMBURG. If a REU(s) was assigned the property and paid by HAMBURG and the property is connected to the system within ninety (90) days, no additional connection charges shall be due unless HAMBURG failed to assign a sufficient number of REU(s) to the property. NORTHFIELD shall provide a procedure for the extension of the ninety (90) day connection requirement set forth above for hardship cases;
  22. 22. (2) In the event that the property is not connected within the time parameters set forth above, HAMBURG agrees that the sewer connection charge for each residential equivalent unit shall be the current sewer connection permit charge established by NORTHFIELD by ordinance. In the event that a residential equivalent unit(s) was previously assigned to the property pursuant to this Agreement and paid for by HAMBURG, the landowner will receive credit for that payment. The sewer connection permit charge shall be paid prior to permitting the property owner to connect to the system. The sewer connection permit charge may be modified from time to time at NORTHFlELD’s option, by ordinance; and (3) If a connection permit is purchased and the permitee does not connect within one (1) year of the date of purchase of said permit, NORTHFIELD shall notify HAMURG, and HAMURG shall have the option to revoke said permit and notify NORTHFIELD of such revocation, upon which NORTHFIELD shall return payment to HAMURG. HAMBURG shall revoke any permit(s) not utilized within two (2) years from the date of purchase. NORTHFIELD and HAMBURG agree that no interest shall be paid on any repayment by NORTHFIELD. OPERATION, MAINTENANCE, AND EQUIPMENT REPLACEMENT CHARGE - SEWAGE DISPOSAL SYSTEM (1) NORTHFIELD shall provide services to HAMBURG users at the rates, charges, and fees established for similar users of the NORTHFIELD system by ordinances of NORTHFIELD. NORTHFIELD shall give ninety (90) days notice of any change in said rates, charges, and fees to HAMBURG in writing, delivered in person or by mail. NORTHFIELD shall have the right to amend its ordinances, to change the rates, charges, and fees from time to time; (2) NORTHFIELD agrees to bill and collect sewer service charges on a quarterly basis to be billed in June, September, December and March for all nonmetered customers. Metered customers may be billed upon a monthly, bi-monthly, or quarterly basis. Billings are paid in arrears; (3) Sewer service charges shall begin on the date of connection to the public sewer system for existing or occupied residences or nonresidential establishments or upon the issuance of a temporary/ permanent certificate of occupancy for S
  23. 23. property under construction. HAMBURG shall notify NORTHFIELD of such information necessary to begin billing; and (4) Annually, prior to September 1, NORTHFIELD shall certify to the HAMBURG Township Assessing Officer all the rates, charges, and fees, together with interest and penalties, owing by HAMURG users delinquent as of the end of the March billing period (the end of NORTHFlELD’s sewer department fiscal year), and such Assessing Officer shall enter the same on the appropriate tax roll as a lien against the premises to which the services had been rendered, and HAMURG shall enforce the lien and shall collect said sums as provided by law. HAMBURG shall promptly remit to NORTHFIELD all sums so collected. If HAMBURG fails or neglects to so enter such delinquent charges on its next tax roll, HAMBURG shall pay to NORTHFIELD such charges not later than December 1, of the year of such certification. V. TERMINATION OF AGREEMENT A. HAMURG shall have: (1) Fifteen (15) months from the date of the execution of this Agreement to inform NORTHFIELD, in writing, that its special assessment districts have been confirmed and a copy of the special assessment district(s) roll shall be provided to NORTHFIELD. However, it is the intent that HAMBURG confirm the special assessment district(s) roll within twelve (12) months; and (2) Twenty-four (24) months from the date of the execution of this Agreement to pay NORTHFIELD the funds more particularly set forth in paragraph IV(A) of this Agreement. B. If HAMBURG does not perform the obligations set forth in paragraphs 1 or 2 above within the time parameters herein described, neither HAMBURG nor NORTHFIELD shall have any rights or obligations under this Agreement, except NORTHFIELD shall be permitted to expand its Plant's capacity to discharge One Million Three Hundred Thousand (1,300,000) gallons per day based on an annual average i accordance with the Supplemental Order entered on March :2& , 1991 in the case of Lakeland Pro ert Owners Association et al. v Township of Northfield, et al. (Civil Action No. 1453); and
  24. 24. C. This Agreement is specifically conditional upon the entry of a Supplemental Order acceptable to the attorneys for NORTHFIELD and HAMBURG by the Livingston County Circuit Court permitting NORTHFIELD to expand its Plant to One Million Five Hundred Thousand (1,500,000) gallons per day based upon an annual average. In the event such a Supplemental Order is not entered by the Court, this Agreement is terminated. VI. NORTHIELD FINANCIAL CONTRACTUAL OBLIGATIONS NORTHFIELD having ownership of and cause to operate, maintain, replace, modify, or expand the NORTHFIELD Plant for the purposes of serving HAMBURG under the provisions of this Agreement, may finance by borrowing money or otherwise any or all costs of such operation, maintenance, replacement, modification, or expansion. The parties recognize that the possibility of revenues, including revenues received from the users in HAMBURG, may from time to time be insufficient to meet the obligations of NORTHFIELD under any bonds, contracts or other contractual undertakings of NORTHFIELD now outstanding or hereafter issued or entered into for financing such costs of the Plant and related facilities which are necessary to provide service to HAMBURG. It is understood that to the extent NORTHFIELD has pledged its full faith and credit under said bonds, contracts, or other contractual undertakings, NORTHFIELD may adjust its rates so as to provide funds to meet future payments under said bonds, contracts, or other contractual undertakings as they become due. VII. DEFAULT A. NORTHFIELD reserves the right to discontinue service to HAMURG in the event that HAMBURG is in default of this Agreement, as well as, any other additional remedies provided by law. NORTHFIELD may charge interest for any overdue payments. The interest rate charged shall be the prime rate plus one (1) percent. Payment shall be considered overdue if not paid pursuant to the times prescribed by this Agreement or by NORTHFlELD’s Ordinances, whichever may be applicable. Default includes, but is not limited to, either nonpayment or late payment. In the event of default NORTHFIELD shall give written notice of same to HAMBURG and permit HAMBURG thirty (30) days from the date of said notice to cure any default. HAMURG shall have any remedies available to it under the law for any default by NORTHFIELD; and B. "Prime rate" means the variable rate of interest announced from time to time by the Bank as its "prime rate". The prime rate may not be the lowest rate offered by the Bank to any of its customers. Any change in the prime rate shall take effect on the day of the change in the prime rate. "Bank" shall mean from time to time the financial institution in which NORTHFIELD has designated as its depository bank in 7
  25. 25. which NORTHFIELD maintains on deposit the largest amount of its sewer revenue money. VIII. CONSTRUCTION OF SEWERS TO SERVE HAMBURG A. HAMBURG shall have complete and full responsibility to pay for the cost of designing and constructing sewage lines, pump stations or any other appurtenances thereto for the purposes of HAMBURG connecting to the Plant. Conversely, NORTHFIELD shall not have any responsibility to pay for the cost of designing and constructing sewage lines, pump stations or any other appurtenances thereto for the purposes of HAMBURG connecting to the Plant; B. All design of sewage facilities in HAMBURG shall be approved by NORTHFIELD'S Engineer. NORTHFIELD‘S Engineer shall conduct a final inspection of said facilities. Design review, report review and final inspection costs incurred by NORTHFIELD of HAMBURG facilities shall be paid by HAMBURG to NORTHFIELD within thirty (30) days of billing. NORTHFIELD'S Engineer may review periodic construction progress reports, reports on compaction testing and pressure testing, and review televising of HAMBURG'S sewer lines, at HAMBURG'S expense, but not to exceed Four Thousand and No/100 ($4,000.00) Dollars. NORTHFIELD and HAMBURG agree that they will take reasonable steps to limit the duplication of engineering services and to minimize engineering costs; C. Detailed records including drawn plans of any construction, alteration, addition or relocation of sewage facilities located in HAMBURG shall be kept on file by HAMBURG and copies shall be delivered and retained by NORTHFIELD for review; D. HAMBURG, by ordinance, shall provide that all users shall install and maintain service leads, and bear the cost of connecting said service leads to sewage facilities located within HAMBURG. Users other than single family residences and duplexes shall install and maintain meters and valves, and bear the cost of connecting same; and E. HAMBURG shall own said sewer lines, pump stations and any other appurtenances constructed by them and NORTHFIELD agrees to operate and maintain said facilities during the term of this agreement as more particularly set forth in paragraph 9 below. IX. MAINTENANCE AND REPAIR OF SEWER FACILITIES TO SERVE HAMBURG All ordinary and necessary maintenance and repair costs associated with the sewage facilities located within HAMURG shall be borne by NORTHFIELD. NORTHFIELD shall perform such maintenance and repairs as shall be necessary to HAMBURG'S 8
  26. 26. system to the extent possible from the revenues generated from the sewer use charges. NORTHFIELD shall not be obligated to reconstruct or repair parts of the HAMBURG system damaged or destroyed by natural disaster, war or insurrection or similar unusual happenings beyond NORTHFIELD'S control. NORTHFIELD shall maintain and operate the HAMURG system in the same manner as it maintains and operates the NORTHFIELD system. All NORTHFIELD books and records pertaining to the sanitary sewage disposal system shall be available to HAMBURG for inspection. X. MASTER METER Master metering facilities, which shall measure only flow from HAMURG, shall be purchased and installed by HAMBURG. The location of the master metering facilities shall be mutually agreed upon by HAMURG and NORTHFIELD. HAMBURG agrees to convey ownership to NORTHFIELD of the master meter and NORTHFIELD agrees to own and maintain such meter. HAMBURG reserves the right to install a computer data link from the master metering facility to HAMBURG Township at HAMBURG'S expense. XI. TOXIC OR UNACCEPTABLE WASTES In cases where the character of sanitary sewage emanating from HAMBURG is such that it imposes an unreasonable or additional burden upon NORTHFIELD's sewage disposal system above that imposed by the average domestic sewage entering NORTHFIELD'S sewage disposal system, as determined by NORTHFIELD, HAMBURG shall cause such entity to treat such sanitary sewage in a manner accepted by the United States Environmental Protection Agency (U. S.E. P.A. ) and the State of Michigan Department of Natural Resources or their successors. The average domestic sewage standard shall be defined as effluent which shall not exceed the following parameters: BOD 250 MG/ L SUSPENDED SOLIDS 250 MG/ L NITROGEN 20 MG/ L PHOSPHOROUS 5 MG/ L PH 9 It is understood that the above standards may be modified from time to time. XII. EXCLUSIVE SERVICE During the term of this Agreement, NORTHFIELD shall have the exclusive right to treat sanitary sewage originating in the service area as outlined in Attachment "A", providing capacity is available from NORTHFIELD.
  27. 27. XIII. INTERRUPTION OF SERVICE In the event service is interrupted, either accidentally or intentionally, no claims for damages for such discontinuance shall be made by HAMURG or its users against NORTHFIELD. NORTHFIELD shall immediately notify HAMBURG by telephone upon learning of any interruptions of service. whenever service will be intentionally interrupted temporarily by NORTHFIELD to facilitate repair, modification or connection to NORTHFIELD'S sewage disposal system, NORTHFIELD, prior to such interruption, shall give HAMBURG reasonable notice of the time, duration and area affected by the interruption of service, including immediate telephonic notification. XIV. FAILURE OF PERFORMANCE No failure or delay in the performance of this Agreement shall be deemed to be a breach thereof when such failure or delay is occasioned by or due to any act of God, strikes or lockouts, wars, riots, epidemics, explosions, sabotage, breakage, or accidents to machinery or lines of pipe, the binding order of any court or governmental authority, or any other cause, whether of the kind herein enumerated or otherwise not in the control of the party claiming suspension. XV . INSURANCE During the term of this Agreement, all parties shall maintain insurance in the amount of not less than Two Million and No/100 ($2,000,000.00) Dollars for a comprehensive general liability policy. Insurances shall be reviewed annually by NORTHFIELD and HAMBURG to insure proper coverage. Evidence of such insurance shall be provided by NORTHFIELD and HAMBURG to each other prior to the treatment of sewage from HAMBURG and annually thereafter. Each party shall cause the other party to be a named insured on its policy. XVI. TAXES HAMBURG agrees not to assess any taxes on any sewage disposal facilities situated within HAMBURG and owned by NORTHFIELD. XVII. BOUND BY NORTHFIELD ORDINANCES HAMBURG agrees to adopt ordinances which require all sewage disposal facility users situated within the area outlined in Attachment "A", to be bound by all rules, regulations and ordinances of NORTHFIELD to the same extent that users within the corporate limits of NORTHFIELD are so bound. HAMBURG agrees to adopt new ordinances or modify ordinances within ninety (90) days of notification of said ordinances by NORTHFIELD. NORTHFIELD agrees to give HAMBURG ninety (90) days written notice of its intent to adopt new ordinances or to modify ordinances relating to the Plant. 10
  28. 28. XVIII. JOINT UTILITY BOARD A. The purpose of the Joint Utility Board is to serve as a recommending body to the NORTHFIELD Township Board as to the operation of the Plant. The board may investigate future operational changes, ordinance revisions or recommendations, and may review requests for unallocated capacity needs, plans for Plant expansion and financial reports; B. The Board shall be made up of two (2) representatives from each Township board and one (1) alternate and shall be appointed by the respective legislative bodies for the term of office. The respective legislative body may remove any or all of its appointed representatives at any time if it is deemed that such a removal is in the best interest of the Township; C. The Board shall meet quarterly at the NORTHFIELD Township offices or a place to be mutually agreed upon. other meetings may be called by reasonable notification to a NORTHFIELD representative with indication of the purpose or agenda of such a meeting; D. The Board members shall serve with compensation from Plant funds at the rate of Forty and No/100 ($40.00) Dollars per meeting; and E. officers to be selected annually in May shall be a Chairman and a secretary. The Chairman shall conduct the meeting. The Secretary shall take and transcribe minutes of the meeting to be distributed to all members. Recommend- ations shall be sent to the NORTHFIELD Clerk for Township board action. XIX. NON-ASSIGNABILITY This Agreement is not assignable by HAMBURG without prior written consent of NORTHFIELD. XX. SUCCESSORS It is hereby agreed that this Agreement shall be binding upon all successor governmental units which may assume jurisdiction over all or part of the areas now governed by the parties. XXI. TERM OF THE AGREEMENT The provisions of this agreement shall commence on the date hereof and shall be in effect for the next twenty (20) years and shall be automatically renewed for ten (10) year increments unless notification of termination shall be received in writing by either party within three (3) years prior to its termination. 11
  29. 29. In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first above written. Towusyrr o £fiELD , /i/ By A/ /,/ :.; zf "wi11iam Dieskridge Its Supervisor , g" . , v / /I ‘igx/ ’ if / / / , , . ‘ ‘; .~. l. ... / '” ,4‘ / /"”’r’ / ’ I . —}"7/4/, »¢x7, . , Diane mrifiomorski Its Clerk TOWNSHIP OF HAMBURG gfzf" Harry water Its supervisor By . ~]‘ 1» Ma tha Parrish Its Clerk STATE or MICHIGAN ) in B pp, )ss COUNTY or/ Ax¢%%£u%z7L4 On this 1?? ?? day of March, 1991, before me, a Notary Public, in and for said County and State, personally appeared William D. Eskridge, Supervisor of Northfield Township, and Diane M. Pomorski, Clerk of Northfield Township, who acknowledged said instrument to be the free act and deed of Northfield Township. Mflwdflffiwmmmuymmuc ”” f~—, County, MI n Expires: £g}5%§¢ l2
  30. 30. On this [Z; ~,@ZZ9 day of March, 1991, Public, in and for said County and State Harry Bater, Supervisor of Hamburg Towns Parrish, Clerk of Hamburg Township, instrument to be the free act and de before me, a Notary , personally appeared hip, and Martha who acknowledged said ed of Hamburg Township. , .//7 ‘*. ,7 L ' I 7 I ,4/azaz/ :»c. .« 7¢w*%fiflWé#? fiWM7 Notary Public “ vkvua , County, MI ~ My Commission Expires:5§éJJg¢Q wp/ n—field. l9 13
  31. 31. ,£a? _. 7'33.‘ i _ ‘I . __ ; ‘_. ‘_, _, ‘ I. .. .. «I -“ , .."x»' _. . -.. . : i ‘ _- 0,. Gum F; ¢§§'7=_? fa’-: .?! _y' '-TTACHMENT "A" f :3-'g‘j: :' .5 ‘ '- ‘rvw _T”I. .
  32. 32. SEWER TAP—IN PERMIT ELIGIBILITV APPLICATION APPLICANT: (Please coeplete the following intonation. ) NAKI ' __ _. ___________. _:_______. _______. Hailing _. _ _____. _______. ______. _______ Address: _ , __. _______. __. __ , ______ 4 telephone: ___________. ____: ___. _:. ____j. _. Property _. _ ________. _________ _. _ _, _ _. _ . Address. _. ... .__. .—. ..—. .___. _.——. _._. _:. _.. __. Legal Description. Lot Subdivision __. ___. _:_. or notes and Bounds, Section _____ Tex Parcel ID Nuebes: _______________ Purpose of ‘rep-In: Residential Hose __ Duplex ___ . coeeerciel latablieheent (ti coeeercial: Type of Business ________________________ square tootage (inside) _______ I of I1’! laployees __ Anticipated Hater Usage _______ (I of gallons per day)‘ He may contact you (or additional Intonation. ) : - IIIIIIIIIICIIIIIIUIUIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUII The property is located in the ________ sewer District and (HA8) (HA8 N01’) been assessed for the initial Capacity Reservation Charge of 51,500. TTIIIIIBOI Residence Duplex Coseercial Building (type: ______________). Iuilding Pei-eit 0 ______ is pending issuance of sewer ‘rap-ln result. A copy of the certificate of coepliance (feeporery/ Pereanant) will be supplied upon ‘I coepletlon of the structure. . j—_ luilding olficial II[IIIIIIIIIIIIIICIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIUI the above application has been reviewed by no and appears to contore to all requireeente agreed to by IMHIUIG TOIMSKXP and uosfunun TOWNSHIP in accordance to the Intergovernmental Agreement and the provisions of the Circuit Court of Livingston County. I recommend issuance of the Sewer ‘rap-In Paul: by NOITIIHILD TOWNSHIP. ——_————‘—_—_———_ supervisor IIIIIIIIIIIIIIllIllllllllllllllllllllllllIIIIIIIIIIIIIIIIIII ACTION BY NOITHIXELD TOVNSIHP: Pu-eit Number issued this Date [trait Denied this Date for the tollouing reason: . 5!‘ . Ollicial fir -(CO issued: Date sever billing entered )----- an ATTACHMENT "B" 3// ¥J? /
  33. 33. STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF LIVINGSTON LAKELAND PROPERTY OWNERS ASSOCIATION, a Michigan unincorporated voluntary association, and TOWNSHIP OF HAMBURG, a Michigan body corporate, jointly and severally, Plaintiffs, Civil Action No. 1453 AND Hon. Stanley J. Latreille PORTAGE, BASE, AND WHITEWOD OWNERS ASSOCIATION, INC. , a Michigan non-profit corporation, formerly known as PORTAGE AND BASE LAKE ASSOCIATION, INC. , a Michigan non-profit corporation, Intervening Plaintiff, v TOWNSHIP OF NORTHFIELD, a Michigan body corporate, Defendant, AND . . ; F pr, COP TOWNSHIP or GREEN OAK, a Michigan )'§, -‘,1~, ,). _?f¢;5§"'| ,_ LATHE, Y body corporate. 44m circus: cou Intervening Defendant. MICHAEL F. MERRIT (P17642) BRUCE T. WALLACE (P24148) Attorney for Plaintiff ROBERT W. SOUTHARD (P37203) Lakeland Property Owners Attorneys for Intervening 3075 E. Grand River Plaintiff, Hamburg Township Howell, MI 48843 126 South Main Street (517) 548-4100 Ann Arbor, MI 48104 (313) 662-4426 BRENNAN & BURNS RAYMOND F. CLEVENGER (P11972) Attorneys for Defendant Attorney for Intervening Township of Northfield Defendant, Green Oak Township Paul E. Burns (P31S96) 427 N. Main Street 133 W. Grand River Ann Arbor, MI 48104 Brighton, MI 48116 (313) 663-1001 (313) 229-6761 __________. _________________________________________. _.. ____
  34. 34. -3‘ SUPPLEMENTAL ORDER At a session of said Court, held in the City of Howell, County ' ‘n ton, state of Michigan, on , 1991. PRESENT: THE HONORABLE STANLEY J. LATREILLE Circuit Judge This action was originally filed on August 27, 1970. The Court entered an Order pursuant to its Opinion dated May 4, 1972. The Court entered a Supplemental Order on September 11, 1973. On December 5, 1989, Northfield Township filed a Verified Petition for Amendment of the above-referenced order. Northfield's Petition requested that an Order to Show Cause be entered. On December 10, 1989, the Court entered an Order to Show Cause. A hearing was originally scheduled for February 26, 1991. The hearing was adjourned to February 28, 1991. On February 28, 1991, the attorneys for all of the parties appeared before this Court. This Court commenced the trial. All parties being represented and having had full opportunity to present evidence and witnesses, and Hamburg Township, Northfield Township and Green Oak Township having agreed to the substance of this Order on March 14, 1991 and Lakeland Property Owners Association expressing opposition, but choosing to present no evidence, IT IS HEREBY ORDERED AS FOLLOWS: 1. NORTHFIELD shall be permitted to increase the capacity of its Wastewater Treatment Plant to One Million Five Hundred Thousand (1,500,000) gallons per day based upon an annual
  35. 35. ,-M A / ‘H average. The Wastewater Treatment Plant with said increased capacity is hereinafter referred to as the "EXPANDED PLANT", and is subject to the following provisions of this Supplemental Order. 2. NORTHFIELD may discharge treated municipal wastewaters from the EXPANDED PLANT through outfall 001 to the Horseshoe Lake drain. such discharges shall be limited and monitored by NORTHFIELD as follows: (See page 4 of this Supplemental Order. )
  36. 36. Effluent Daily Characteristic Effect Minimum Flow (in HGD) All Year - carbonaceous Biochemical Oxygen Demand (C8005) All Year -- Total Suspended Solids All Year -- Ammonia 4/I-4/30 -- Nitrogen (as H) 5/I-10/31 -- ll/1-ll/30 -- 12/1-3/31 -- Total Phosphorus (as P) All Year - Dissolved Oxygen 5/1-10/31 6 mg/1 ll/1-6/30 5 mg/1 Fecal Caliform All Year -- Bacteria ‘ Total All Year - Residual Chlorine All Year - beginning 1/1/92 pH (standard units) All Year 6.5 Maximum 10 mall 12 mg/1 2 mg/1 12 mg/1 Average Monitoring Onlyg. 4 mg/ l 50 lb/ d 10 mg/1 125 lb/ d 6.4 mg/1 50 lb/ d 0.5 mg/1 6 lb/ d 6 mg/1 75 lb/ d 7.6 mg/ l 93 lb/ d _ Dc ; ;1'7'l‘. lIS/1 Monitoring only 0.036 mg/1 9.0 Discharge Limitations Date: In Daily 30-Day 7-Day Average . -¢ . : zs‘I§/ a 15 mg/1 188 lb/ d 150 lb/ d 25-1»/ a 150 lb/ d can 100/100ml
  37. 37. P‘ “N 3. NORTHFIELD and HAMURG acknowledge that the NORTHFIELD wastewater treatment plant currently discharges less phosphorus than the limitation for phosphorus set forth on page 4. NORTHFIELD pledges its best efforts to seek comparable performance in the operations of its EXPANDED PLANT. NORTHFIELD acknowledges that the current level of performance approximates 0.3 mg/1 and pledges its best efforts to seek comparable performance in the operations of the EXPANDED PLANT but does not warrant that the discharge of phosphorus from the EXPANDED PLANT will be limited to 0.3 mg/1. IT IS SO ORDERED. 4. For purposes of monitoring the performance of the EXPANDED PLANT pursuant to Paragraphs 2 and 3 above, NORTHFIELD shall submit to HAMBURG copies of the final effluent reports submitted monthly to the Michigan Department of Natural Resources. 5. If HAMBURG TOWNSHIP does not purchase 250,000 gallons per day of the capacity of the EXPANDED PLANT from NORTHFIELD, then, the capacity of the EXPANDED PLANT may only be increased to one Million Three Hundred Thousand (1,300,000) gallons per day on an annual average. In such event, all other provisions of this Supplemental order shall remain in full force and effect. 6. The jurisdiction of this Court in this matter is retained and continued. snuxiunnmu HON. STANLEY LATREILLE Circuit Judge WP/ n-field.20
  38. 38. STATE OF‘ MICHIGAN 214' ‘X113 CIRCBI? COURT FOR "£'I{I‘2 CO11"NTY OF LIVINGSTOR . .--omu. .«~«-. u.. ... ... o~-«. ... an-. .p. .-. «ua~. .._. . tl~; «uun— _-_. .. ‘V , KAXEIAND vmprm OWNERS ASSOCIATION, a liichigan unincorporated voluntary association, and frowxsnxp OF rmaxmmc, 3 mchignx body corporate, jointly and severally, Plaintiffs, Civil Act ion V Mil} No. I-$511 . PORTAGE MID BASE LAKE Association, I Richigan non-profit corporation, Intervening Plxinti I2: , iF*"“$W mass! » 0!‘ nmrmrmw. a siemgan , _ body corporate», 3. » ~. 5£B_29v an 1 ' ~' ' ,7 . » 1.- . 2; Intaxgfgning Defendant . ax‘! -I! u_£a"'. ‘*" ; *x . » Fknul. IId1 5 — — -- u. ,,. ,.. ... ... .. .._g; ma 102321219 01!‘ 69.821! Dist, 3 an I y , body corporate, ‘ “ » I » « ‘, I * ” Dctaaxdant. s-—». ~.. ..~. ... .-an-u. ou. ... .a. .._. .-. .._a-. ... ... ~.. m.o ,1 09131014 0? '1“! !! (2038? This cums of action was initially instituted botvoon un- land Property Dunn association, 1; anctxinn . e.n. .-«.4 2' , . voluntux utocianon. and ‘township oz nuburg. 0 menu: body currporatt, .3oiM;1y and uwrslly as aiaintxfffi Intact the Township or zioruxxinid by tho tiling or the co‘-olnnt urn nu court on August 27, 1970, in and coau: <la1u't pntniuttugconontn or activities of dalondnnt, Totmhlp 0! no: -tntaiuxc, tn, the operation at 1 cerium note inter t1-sitcom p1snt—1ocnto¢ lint: Green 0:): ‘township. Northfield Township is Located in i, l’unt. a;§av I Count)», Eluaburg and Green 0:): Township: are both located in I Livingston county. ” The allegations, in short, in pluintifis Complaint are to I
  39. 39. ‘“ -2- thu effect that they are suffering damages both directly and by way at pollution of the water course that they are located on due to the operations of defendants waste water treatment plant. And further, plaintifls complain of and soak a Restraining Order against the expansion 0: such operations. Inturim aelief was sought by plaintirrs herein in the form or a Praiiainary SnJunct1on to restrain daiadant, xurthtiald Township, from beginning construction on at physical exgaransion — at such plant and from restraining defendant trot: increasing no .1 daily discharge over and above the lava! tor which can that was coast: -w. -tad. such Evatraming order was altinataxy uauad ray this court. § mundane Rex-thfiaxd Tmmahip tiled its answer to‘. plaintxttaz Complaint in 2 via aattatr and aatout tixaraia sax-tam atnraativa I dafaaaaa. Detazdant lknrthiioia Township also filed. a lotion for change 4»: Vanna alleging that Vanda was lnproyorly ma; Aftir Albskw ‘argmaaats on were ‘action said tuition was denied. ‘flu above rotarrod to Interns Prcllalaary lajuacttoa vol iaauad by this court on October 7, 19:0. ‘ arm: uuzaaa Props-rs: Oahu tasoeiattoa aaa Iaatura Tacaaistp fun: than rap}; to ma tiataisxaata Aanar «Ma ooani I racaivod an awiieatioa or Portage has up Aaaoctauoa, both. being Biclsigaa non: -profit earporationa, “ (or tutu-vauuoa u put: pxuunsta and such applicatioui m and on lovaafiaz-' 35, mm. as wwabar 3%), R10 this chat: racbivad alouoa to xntarvana, as a party daxmdant, zroataa ‘fannahip at ouaaoat. / % E as Dacaaahar 4. 1910 this court aigmdgaa ordar allowing the iataruutmn, as paruaa plaintiff, portage and has: Lara association incorporated. on nacaaabar 9. 1970 this court entered; , g its order granting incarnation, an a party attendant. or we 7 ‘raanaaip or Gran oak baud upon a stimulation at the pattxat: «um: saunas: 1. mm and tilted with this court on Incoubor 10, I970.
  40. 40. fiefendnnt Green Oak Township, an December 28, 1970. ! :led its Antwsr to the ¢r1g1na1 Complaint aha the Complnint of the Intervening Plaintiffs. Green Oak Tovnxnip tiled 3 Ration for Reierence to the Btchigan inter Resources commission (herein after rctarred ta is int) and fur Radiricntion of the Preliminary Injunction on Dacsnhor 28, 19?0 together wsth a Srlef in support 0: said action ior Ectarenca. such nation was ultimately deniad by thin Court. Thu nutter sum ultinmtalx trtcd by the (tour: aim: taut . having rilad itch it lorthtinlé township‘; jasvvr to tan conplnxnfi at tau tntervining pixtntitta. I supp1ouont:§v¢r at dulonénnf Northtzoid ? a:nh1p. amply ta A:21rxattv¢ ne£¢unes of defendant fuuahxp at ncrthtzoid, Intqrrognxoriaa ta plaintitrn by dqfauants. u Prttrlul conioranao. Plninttzlu 9h}0et3oaw to intcrraqntdrtug ¢f the thtxd~pxxy dctoadant. Annlors to eertxtu Intstrugutariu by plnxatxtln, I secaad Frntt131'C§g£nrcnco, savplanontnl Annvuru to Interrouutowxas at antoivoulnfl dolauauntn; plaintiff: aaqucst tar anssusans tron nn£ondnn¢n‘und'oh3octi¢nu‘ ta mama tar Ammxam arm gamma. and {rally} tau- Couxt neuwc for taxing. xicxaadnax rwmkxwn suofiinoaé ta Jmmr. xolama by sun: tea Aundunt to cauplutut. M Ptatuttftn nllngo, in that: Complaint. that éoxaudnat Tovuhtp heroin calluct nausea Iron around thttr gun 1:30 and tavnhia and an»; the etllucnt from such colznctions govern: misc: away Lara 25¢ near: at aaabuxg 1ouanhtp, theta it golintou f tho Inks sud tater caursaa upnn vbiah plazntixfu attain rcaidn. ‘ Plaintiff: lack a unndntcry ingunetzon cloutng down or ruroutxng dczauuuts out 3:11, or, in the alxexnativa, In3unct1vo R3139: ngnisst dofundnntu expanding ante operation together with in order canpoiltn dtfcndnnts to butter trcat tha effluent diochsrgfi rxcn their plant. It uhnuld be acted tbs: datandnnt Xcrtbtsszfi. W; ,. «“M. mm: x~. %W. )~ <
  41. 41. Q -4« ‘favnzhip muss and apcrates the and Sewage aiapmsnl Punt which is located in defendant Graen Oak Township and such plant ssrves homes ind business opor¢ti0n5 1GClf0d around Whizmora Lake. Vhitmore {aka lsgmyntcnily situxtad in both Livingston and Xnahtauaw Caunty. The out fall {row the sewage disposal plan! in question is Iocutad An Hamburg Township and is rnachod by 1 pipe (mm and plant which is xpproxiutely 7,200 reset in langth. The out {:11 pipe dischntges into 3 until rater ccurse vhtch flan into the Huron Riva: Just up stun: from strawberry Lake um othar inks: wanted in Pitintit! Hnnburg ‘rovnnbip upon which ; ether piuintitrl mnide. Dotendgntn current dlnchaxgn gar city in apt1rax1na§. tz1y ed; quarter zillion nllonc. muauun anus that chm cantstqixts at numb discharge are poilutxnq the 1:39; and otbmr Wit! !!‘ conrnn upon which they raids. It in furtbcr 3.1%-g¢d, v. wxthaut aisputs from dotanduztu hernia. that plunutts are Iocltud utproxi-Imtczy tour :11»: suszust from thin: -axe Like watch $3 uxticod by dotuudnnts vlaat . V was the vrasto stator dupe“! 33111:! was an dtngcutufortgtnuily coutructafl by :25: stun at annum: in 19453 amt WM 24: urn gnu «rue» the 1.1. may flora ‘training scaool. Iacstoé in atoms on ‘township . In £966 15! state scum tho won amzuoaul swan plant to liorthflulfi ‘humbly. tar cnuhsontiun. weather with all of its right. mm mid intorut in the then unnamed punt ‘nndV9&1a- 1:». It is mrxhur singed, uitbaut annum. tau: sorxhncld ‘ Tovmhxp Intent: 1:: usage: the operation: as such plant and in- crouau the discharge at and plnnvs Guinea: to 150,000 saunas par day snd further mmndu on using tin existing (or: of disaaul of the product or said plant. ». .. ~.m‘. » . ..; .,, ~.. .»z. w.. /J, . /,. .m, v<. . . .
  42. 42. ~5- Plxintiffa have raised the {allowing legal issues durxng tba litigation 0: this matter: 3. Korthfield Township is constitutionslly prohibited in tha oparnting or maxntnlning of said plant ad its antral: ant» aide of its corporste limits; B. Horthfiold Township {nixed to obtain the conaant or Ennburg Township to the location at such antral: and is required f to do as: C. Plaintiffs have 3 cansfttutionnl right tu clean vntfir; D. The present at suxd aemat pipaiino and outfall 1! n txaapasu upon flnnburi ? avnsh£p; 8. Dnienssuatn diuztlzargu of effluent into tun uterus iocuted in uaubu: -2 fofimaip constitute 3 public and yrzutc ta-» Jonah}: «nuance; r. fin aucnugn or aaremncn oitmnmu into pimmus rarer; are diuchnrgts by I wmrxparsna tad ma-Intuit: part; and 13 am anrsuauinlt an at than water: ranch is riclutsvo ot ‘ plaintiff: riwriu rights; 6. ! tortt_xti91d -rmump in bound by all :2» mmgazmna cf the stato ox mc'hixm aria ymntmn and: by tbs state ta tuber; running; 3. Fuintiria pmpnrty in bum takes: utiusut cmrpuurxinn and without amp px-neat cut‘ in unfit: both tho nnxtod ant»: mm ltlchiguu oomtxtutiosalx I. pxuausu am «entitled to dtclantory aunt equuuklc N110: nadir tin Knviromuutal Frotoctiua jet or 1970. 9; 127. J. Defendant: have m uritcrxaua nxuruuvo unions” to pumurtn <: oIp1unt: . To tron shave dofenduntu heroin tcngsond as toxin“: 1. That tho dciendsnt tovmhtu have statntury sutharity tor ownership and oparatim: outuda of towauhtp Mas: ts; : ,.; a.; ‘u‘. g«; ;.», .r; ,;. ‘,,14.r; . . . >r‘fy4;f‘%/ >3.‘-«V.
  43. 43. ~6- 3. B: nburg'a consant to the operatton at the said pipeline is nut required: 3. Tnnt the wording of Hamburg Tnvuniw Nuisance Ordinance No. 10 does not aetlorth provisions that ‘prescribe a nuizansze; 4. Tbnt a certnin Enter Resource: Comhtsaton Order tuthorizes deiendants activities. In xddition tn tn: nbovo defendants 311636 that there in no feasible and prudent nzternntiva ta defendants tontinuing to maintain and opernte their tranttant xacility or the expaion or snag, ind iurthar, that yxsintlfiu are eatoppan from asking soma or :11 at its complxints at this tint. Deiandnntn xurthor clings that plutnzific hats! » are nut antltlcfl ta aguituhia relxct tnnsnnch as thuy CEO to Court with uncioan hxadn in that &a! ond: nts aliegv much or : h¢ pollution pxintifta couylnin of is caused by satlvttics of plaintiff: Inactive: or the citizenry living iéthin the aonfxnou of plntntift Totuuhsp at E Hamburg. i I Testimony us: nun in this mutter in opts: (mun nu‘ July 86, 21, 2.‘I, .aufi 13.191: mm mm emu cu axzoamd nu umxt M‘ tan tsitinaay at IQV§fil vitamins sad the uttering and xgcoxviag L at nnoroas ixhxbits bath in iuwport of plaiutifiu ciao «A L aomsuazs can an: rvimitni thflrdta. ram Cantt mm 1: : aououury I! this tin: xa review, hiroiu, atttrssi porttnns of 5 inch testimony. A pant gnu prune»! axxhurg Tusship éltictr tontszsgg tat axny canylnintn are rtcotvod by th¢u Iron Kanburz taildugtt ro- gsrdxng the condition of cat «:19: in tn: vtrious lakes. odor: aixtting 1:: Inch intors, 1:1» 2:11: and othar conplaintn and such complaints roxchod thair peak 30:: {our to Iiva yenxs ago and huva continued up to the yreucut at that IGVII. firnncia sehan, 3 fianburg Township Official, testiiicd thtt éurtng 31: tenure in atfxce, which covcrs tn: past tualve years. no, attxcxsily, tcststad dutsadsutu nut £111 nlpc being located W%ww&%&mm&éN%%*m%%M»%%%&wwuaw » ¢*xM « ». »s*. «._‘w'; ,,, m aux
  44. 44. -7- in Htlburg Township but further tnstitied that his resistance came somewhat late inasmuch as the State of Bichigan had already ucda that deciaion. During maetings with officials from the 8033 Training School and the State or mchigan this witness learned of the intended expansion of defendants waste water treatment facility but hné not been cantacted in his official cayscity re- gnrding such proposed expansion until 3 few mantbs prior to trial. 112'. Francis 8. Hcuughlin, Director of laboratories, Anniytic and Bialogicnl ubornmrmrs, Inc“ testified ta ta his ptoressiéwgl personal contact «tn the new in quasticm. air. slcuughltn holds a Excixalor ox .5cio;1cn negro», in Hlcrohislagy from ‘H16 Detroit. Institute of Technology and has tummy years of experience In such work in addition ta having ran the about uanuemd laborataty aim: V1956. in lciausphixafis crodcntiuln includu astaxmivq bio- chtnical tax}: for prints and public concarm nanny in thy area or evalustion ox tut rnults to cm pmmm at hams. fir». Icwughiia. was quite zuiltax with tho dntumdauxtn plant, in autlmu, and than total area dntmtrun tmntmq. xx. Iclaughlm; was 4:30 Author or 3 certain atmg at £32: Ito: -thtxold Township fitment, Karon £1“: and ixrxurbcrry 131:3 yhmzphsnzc gnelu ad» 1:: 1910. K1. Uchauzhitn in slot: the author at a ntudy :1! tin urlmszcu {ran the: Io: -tbxism tnwuhia ‘lamp nut Tnatnuat Finn and their attire: on than ‘Inna luvs: theology nub in 1970. The than two n, -attuned studios an rtcuitan an ttislkita so. It mi :50. 12 rccpasctxvtly. It In :2» testimony or IE1‘. Icumgisnn, vi; tho vita-an sum: am an above uontmnsd studies. that detendaura duscbargc onto tad Into the weaving ‘nuts contains am axcaaun biuchtnicalg oxygen dennsd (tzeminnttar referred to non). Such excuu 80!) load was dctomzned to be, 1n the cpinxon or Ir. Hcumghlln, 40 parts par zillion. rarthar antimony iron and fitness indicated that l E V; é 3 E E 2 M MW. WM «hm m. w;‘, m~. Mm¢, /.. .r a4L«m)yv<¢>u»
  45. 45. i -8- the BOD load on the Enron Riva: Chain at Kenalngtan Lake and Park is 2 ta 4 parts per million. Exhibit No. 14 above reflects that the BBB load at the tima such repart and study wafi made were at 24 pnrta per million with htgh concentrations 01 phoaphntes. In the opinion of said expert witness I clean lxke, or vntar course, is defined as one with a Bob load below 5 parts par million. In additinn to the above said expert testified that tbs dxacharge tron defendants autrall pipe had u Inner level of distnlved oxygen (hereinafter rotaxred an ax D0) thxn the recasvtn utters. ‘ Xifruit lands tern determined ta be. by said witness's atudxas mud tutti: many, ta he 33 9:31‘! put million at the outfall and .3 ya: -ts pot utllion upctranh at «mid outiuil. rurthcr tastiuouy Iron utid titans: indlcntea {hut snything over .1 port: yo: 351119: nxtrntu cannot bi talarasod far any xtrexo at rivnr in th& stitn. it can that «saw: win»: at uni utnmu that dctoaéxnu baron: coutrnmtu camiaacnzzlnr palhaninu to than water chain nxsdm‘ atountearatma. ma rm-than that st: -abort} mm “man: aunt! ¢n£ay*o input fir dotcaunts int aioao th# pncaxhxtixr of tripling mu: xapuz. I2. Iatanaialiu unused in detail rennin: ma okguctinnb ii: an bemrumut or natural swans: -1:“ uondud nu; aid» 91' dakaranxagioa nscwmaaxtiau with rand to acfewtxstq um» um: plant agmrntoa. kt. Scuughkm named with am: one provision at uni mchaical xuonamatlom use use bun; 1.4:. and on rcmuuaadnuom may by mum in curtail at ihtsuadusu exhibit lo. ZI. ho sttcnmma ofijlctlom an nude by Hr. Kcuughnu to raconrnondatmm ccmuumd in that ‘me Omar or Dotsmination. Th: raconn¢a¢at1onu heratctoro rcterrnd to atrannxy obgected ta by Ir. lchcuxhizu are loud at 1.d and 1.0. I. d roads as follows: "contun not more thus one Thounud (1,000) total cauioua per one mmsrh-ed (I00) ntlluiters. " The vituesu teutlrted that this Ito: snuld be I reconn4n&x- tion at no nctivu celitorma. Hts utr§nuou: objactions in his
  46. 46. €fi Ava _ _ »g_ optuian ind tutimny was to the effect thu the recommended law! is not ncloquxte to present may anvironnont 3:; that the racaivlng vatarn have 1 count upstrsum from the outfall pipe unknown but opincs it in fur halo! One Thousand (1,600) coixforu per Hundred (100) milliliters. with regard to item: 1.1:. winch rsada as falling: "Contain not wore: this ‘twenty pattern: (20%) as aw phospnumn cotxtuinud tn the influent m the waste user trauma! !aciI1.ty. " and mums: assumed mu mu swans 80% 1-«mews! ct puos- ' phat: but all othtr {Actors are unknown. my vttmu did mmede that 801. removal 23 about as gazed as grown: tachaamgy 3115“. E It an that tszrthnr tuunony at 21'. xéuuchlin Hut the abundant is currently not romovinu vlmlivhttn, ind lust nor, as not us: titans’: csiauhuunc, dctudausts dtscisax-nu: 14.0316) pauudt at pixmphxtcc into tho nut wars: in quuncn. It was :5: ccnclnaa mg export tutiansuy en! Ir. lclmxghlxa that 1! the flu: ants-rain-v tioas an: -9 cbnvlitd with uutrxuau would but lacrusoa in an unknma éqgrn grznrily hocasau of tho fitufib at in 1.4 tin‘: -Q13. at that point pxniatflfa tutu than can anal vita-don their mist: and on»: 11:31 Anus-vats cantainod tharcsn. ‘Encro- zxpox: don-admit «sand to disailt team an in 3:-gtnuut that tho we order an cancluslvo and not am-nine tron. 32:03: flung» flu dented but than cans: am that but: that vluunxzs mm and soda a Fun fact: can and that tho burden of our comm: mm: min ‘ ncio cut but shtitnd to dutondcnts. it. Join: Boobs, supcrmtozdnut or «fondant: plant, kestuéwd» that he in n ncormcd punt opcrator by the Dc-nrtnnt of saith. state at Iicbiflb and that auch plant it 1 «county trutunt plant of the trickling tutu: typo. flnntbiy reports are made an an cxtractiom nad pnrtorunnce: of tho plant ind mach repfirtn arc tiles: with the Stats Dapu-tntnt at Knuth which suparuua the ope: -atxons, reviews such report: and makes recomandntims.
  47. 47. §@A qfig . . )0. '5 {£213 tbs turthar testimony of Mr. Beebe that the P18“! in question opsrntes within the e§pectations of the Department of Benlth at n present volume of Two Hundred Twenty Thousand (230,000) gallons per day which has kncrensed steadily since 1964. The current treatment efficiency of tha plant In question has remained constuat since fits inception. Said plant services 1,400 (units) users. It was the further testimony 01 said witness that At present efficiency leveis this plant could handle 246 adéitaonnl units or usars and still be within its planned capacity or Two Eundred Pitt: Thousand (250,960) gnllona per day. It Via tho concluding totiuauy at this vitnesa that thaxa have baan normal uachanicax problems. within levels of expectation. and that said plant employ: 4:313 nanbrcno tiltering for coliforn county ad 1n. addtt1on chlorination is ued. Xr. John ullnnd, tn: holdar or a Univorwxxy of Bichizun _ aagrtn in engincaring xastifiad that he has uuch exparinnce an H tiara Inks: ttnttuni pinata in bath their cauatructsan and Savtlnnzioc ox aporntnonu. Thin u11¢nt‘I cenpany dctiznad dcisaacutn plat and racomucdnd tho location of 351$ plant at ' nubuxc Taxnhip an 1 rations} facility. It ran tkin ¥1£utll'l tutthor testimony zhxt a yznat, tank as dstnndnntt, as danixnq to da 1 reasonable job based an ch: tsnanaisl 18111:: at the caununxty, and iurthnr. {but tax: plan: doc: me: read? » yhuzvhatna and us: not originally aentgnod to revert paoxphntec as the an aid at require such removal 3: the tin: of the ¢¢nstruct§aa at thit plant. it via tn: further cpsnxon unfi tattiuony o: thin attains that coapliancu vita the tncndod tins} order at detorniann txon (datandnnta exhibtt so. 3) would cost Ivproxsastoly Onc Kiliion Iivomuuadrad Thousand 0111:; {$1,500,000.00} and that the :10 is 3 strong order to the extent that compliant: “avid E require state and federal aid which defendaatn herein hgva applied tax but inch aid has been withdrawn by the fitter aauources
  48. 48. "' 1 3" Ccunasnicn (36) vfio adniniszcr such funds. Kr. Boilnnd further teatiiiad that :11 uaers at defendants Inate water treatment pknnt xre Iucated in the horseshoe drainage area and that such users are almost completeiy domestic. Such witness further test1{icd that if the size of this plant is increased that dutvndants would continue to discharge into fiorse~ shoe Crcak. Altarnstxvea to such discharging were studied and 3 daterminntion was made that the present method is the most ‘ reasonable and feasible, in his op£n10u. it was finch witnexI’a further testimony tnxt the above menttanad 7,000 {oat autiall pipe originnlky coat upvroxiuately Oas~hundrad Thouusnd Do{1ars ($100,000.90) . on exams mmuinstion In-. zmuum did gum: um; phosphates «So ponutc but «ms not admit that detandantx altar harem émt 1:: ac: pollute {M aura tn annum: with the turn»? Itttauont tbs: in his amnion lacs: units ma: pmzuzaziou us amine thu pifliuttnx. flit iuxthaar tntxumxy uru tut mu» buxxdiag tun» plant has ongimnrxng. {in am ‘not turn into azmausdnuion no law! of popaulnytina axon: than nut maria; 52o 3» GI! !! as Q in- wocl nut um nuvr M991» ulna» {man an; 6! than lawn or f utnr nova-sea actors ma yum: an bunt. sum titans; dis: 7[ concur that taxis plant amt menu: 39*! ahucpuies sum 1: mt axtoausod M 911' mo terms at diftudlllil «smut no. 3 sat out ‘m7. ¢ 31-. Paul Maniac. A 89:10:11) ? ro1'4n: .cuul Sngimor with a specialty in suxtary engineering and a holder cf 1 83 and ass Degree tcstilied regarding nunicipal tutu taut ayauans land this fact nu: than we rsvtew plan: mad datum with ma ‘xichignn Dopartasenz or vublxc Health issuing contraction panuxts. rm-(nay, the luchignn Dztpartunt of fiublic Knuth, as par I324!‘ testimony 0! yr. 81akn1ee, ,tninip1:nt operation P'Monnva}, receisms reports ragxrding operating dntg such as 120$, vulva, weather infatuation. iniluont and exrluent qualities, and cttempta to central fucility
  49. 49. -32» ogsontmns at we big-best deg: -cc such facility is cnpnble of aparnunx it overall. It «ta further testlxied to thxt the lilcnigun Depgrtment of Public Health impacts such plants every six months and scams thexr reports. 8:. Blnkeslee testified that defendants plant 13 operated extremely good and is at In efficiency level in the 65% range: and is operating within its designed linizs and further that such punt was not designed to consider pizozsgxhnms but more £390:-txntly that dafeusvlaxxta 11131:: is not capable: of meeting the standards set out in the final ancnniod order oi the Inter Resources Commission and inrthor that in order 29 cszmply with luck final ordar the punt in quvutma 101316 narcoaaxtnta the uddiuon at an Additional trcamnnt auto. : rurussr taattnonr was to tha extract that 1:! » load ox we dtinndutn plan! has mcrumosi stung. its z: onsstnx: .-£102: and that Click spun: an 1:131 Sllitktn than oatpductsuann an utterance shun aomttuatod. mxurapa (an at ; a.! s£ut1l£n oxluhi! no. :3, was an man; at L latter but Dzzam Ii. Para. ch»: tutu “tar Simian iitiurhsiun at uaiuutim, Jnahignn Dwsrtnaut at Bmonh. {Stud Jnmatr S. 1984 to Kr. IA. Iney, Jr. .. £m1nunt savuriutvufiaat. any; ‘fuming sctanoi. Ihstnon Lake, nutty: rash :5 ¥¢, Z£ — “It in zwurnttn that you and «Mr: :1: van at am: latter are dz: -wand rgeotuisc that the point at diuurgc of an tx-outed «flan: vmxld kart nltqrod 1: nuisance condttsoau. Mina hoalth hltlfflfl; damp ten was 111; or czar mzxuvtuu can-anitiaaa amm be eratad. anrwsuhacc will has uiyatntmfi at tho “rum below the point of effluent disczhxrgt and in 31.11 tdviao you and others 1.: condition: exist or has an: chance requiring an sztcratxan in tho point cs: fiiachargt. ” I mugrapu three at gsiauxutn annum no. 9. me an bum; ;‘ a lunar {laud hbrnnry 37. 196! Iron use than uxoartad to Donald it. Marco to Rt. francs; shchan. 7209 Storm strut, luburfi ilichigm mad: as renown: "Ye with to want: yam and 2120 other: to that copies of this lotto: an being sent that xrrespcctivu at
  50. 50. i 1' ~13» visa mm; or operates the» present traataant pint tu expansion will not be permitted until :1 tharcugh and complete evahnticm and study in nude and the matter is discusnmi with your Than- ahip Board and the County of Livingston with spacitic considaration being given to tfio point at discharge of this treated effluent from the expanded phat. " Paragraph 2.c of plsiutxffs oxhihit No. 10. the same being a letter Irma 31:. Donald H. Iiierce dated April 6, 1964 to Hr. Donald IL. noun, 328 W. min. Brighton, Michigan 2-ems as folxmma "fie 1.11:1 require that the paint of discharge be relccttod it it creates a nuisance, becomes ll health huard or damage: Huh life in Hmburg C: -uh, Karon Rivet or any of the chain of ukss located in Kuxburz Tovnxhip. " it was ma totulony of 1:2. 31:3-ulna, u asg1onn1‘Pra. §¢ct Engineer at the luchignn Depsrtswnt of Fauna nsalth, utter raviwinq tun abovc 938111260 cittd Ezorexn from plnintiift txhibifis that plant expanuna of datswmata plant was now: discuuod with Bmuburg fcwmhip. Ix. Jobs: 1!. Botmnaky, 1 tater Raauron 0;»: -lmtcnx negmzul xugxmr and Inner or q as and as Mgr” um 11 pom axporluuwfi with said causation tosutxnd tan in was that vac not-at gum: 11 ctxuumtiu ta rumour: gbnqphntn uni tut two web commnxtus 9116 not coup-17, attendant fiarthtzcm ‘rnvnsiup Mr“: bung an 0: than two communities 31:. Bctxuuaky testitxod that the auto: com-It in qucazttou, it highly polluted. with mztrirnta. hath ahovm ‘ tad tailor ‘tho outfall pig; and u-amttud turthcr that 11! judged the «want: at the rocnavtnc tutor: by 5: visual oburuuen anaée anus It-oat! » prmr to ms tntxnoay. This vutncavss tmtinsony was further that he did not knot it mtoyping :11 pbooyhstau from dnrondmtn plant would mks my nwreciahla dirrannco with regard to Strawberry Luau. Such witness tazr: h;: testified that he 11: in tots! tgreemant Ilth 112 um stxndurds not cut £3: datandnnta exixihzt No. 3 above sud rurtlmr (spines that that ran ceiving watara yeah: be enhanced if the final order is complied AV __ V. ., ._. ..__ __ . ._. ... ».. ~:. «.. ... ¢.. ... w.. ..-. ... _y. ».m. ... . . .,. ., .-. V ‘.
  51. 51. «E4- vlth. fir. Sohunaky further testified that defendants herein htva two optxons, 1. Remove nhosphatea. 2. expand plant and remove phoaphates. To this witness defendant has, apparently. alected to follow No. 2 and thxs witness does not know whcthur or not Hxmburg Tawnship was ever consulted with regard to these two optiona being offered defendant (see excerpts from plnintiffs exhibits 2,9 and 10 set out above). It was the further testimcny of this witness thnt it the defendants herein comp1y with the amandad xinal ordar of determ1«y nstion a& damage in still baing done to the receiving waters hecauoe or nutrients the lava}: in the ordar couid ha ofdafad "ldjumted" at tho complaint ignored ev«n though the "stan6ur&u“ urn being abused. see exhibit Ho. 15 "Inter Qaality standards ? er Hachtgnn Ixzura". Francis 8. Fraat, holder at 3 as in Ctvix Engznaarang, slniznry Kngiear with in: Ister Btsuurces Cnnuiufllan tax 35 years, Onto! Kngtuoor and chin: at later annagrch D1v&I:9n and lntnrcauont at Inter nnacurcnu Luvs via tho next vituoni 0! dotanduxsts haruén who tutinad that the Inc» was way: nun the ettlnunt nil sustaining 1!’ wet: arch: in cmynad with and furtzmr that 11;}: maid 0:33: in such uuxuout nné tzzrthur ‘ ioutttiad that 1314 ordar it axtreoly zoatrictxva and his hat ttoun, such an 1.¢. that no 1901: onaiaaru sight I111 not ho this to cmuintsntly cm-ply with. It was the further tuttnony at this witness that tum water couxac in quegtxan is so aver loaded vita nutrxontn not that the complete rcuoval oi de: endnniu glint or the iacrense of its output to 750,000 gallons per day would ants no ditfarenca. It as: the further tontxyoay of this witaeas that that: in; no feasible alternate outfall 11:5. Hr. Front furthar testirixa thxt the current ordar of tun WC calls for 3 stable affluent thith nouns th1t the influuni does not docompaae after leaving . .. -- <’V; ’VV«$v'; ‘vVV; V _. _./ .'. .. ..‘V. >.». ... ... .v. ... .». .«». ,m, w,
  52. 52. -15. the outfall an further that no intense to 250,900 gallnns oer dty from 225,000 g;11ons per day of such atablo axtluent would ha 3 non measurable impact on the receiving waters. It was Kr. trust‘: further testimony that he does not recommend stxbie ettluonts bexng discharged inta any empounded lake. Joseph K. Prxca, sanitary vublic flealth fingiuaer, Wnahtenut County, 83, KS. 20 years experience, testified that there are ‘ about 2,000 dwellings in the urea in question empluying thé use of spetic tank: sud taut such snpttc tank purpose in a settiewsnt process and not 3 trestmant procesa with the idea thgt sucfi ttste in to be abaorbod in a £110 $1014. 3:. Fries turthar testifiad that many 0! the cottage: in the urea Sn queatfion 3:9 Iran one to three :00: that ground mute: and that nun: are scxnonably within tut ground «star. Ir. vrtcc manages the latest SEC stununrds at proper for cxpaanxon oz dstcndnnts vita: ta acct pupuznttofi gotta. Br. Jack 1. Bcrchcrdt. Prazcnnar at snnxsnry sné fiutar asaurcea fingtnoorinw n3v: rs1ty of Hxchigus zaatzttoa that in 195$ ht ntuniod the fiuron River for in City of tauzxpnti by the taking at 30,566 1:91;: at 33 gaaats awn; 30 atxa at the viva! to study xigan. such otuuina aura out computed to, in ta: tuatsunny at Ir, norchardg yroaent 10:02: in tha vutaru Sn qucmtton. tat¢r grab ssnvllau to nbow autrlcntl gbnvg gun bclor éatnudnnts pita: on tn: Huron River Iurc nova uitbtn the 3;st year at Earnoaoo creek and u: ta arc Lax» through attuuhorry uzkw. nigh concentrations were dotectad at Ora Lax: and such concantrations rouo and tell to florauxhaa Crauk. This witness further teutitxed thgt tan antgtc watershed in question ans a super thunduncu at ybonpuston and that there is no reason to doiundants beltcve nor zaala/ cuntributson of phanphnten has 3 mnrkad effect on the algae ‘trendy prenlnt wxth the recoannndution thnt those lakss aunt no tenured iulsmuch as septic tunk nae is 1 gerioua . _~__ . .g. ... ._. ..__ m .
  53. 53. M ‘l i‘ , ., 3?» ‘:6. @ y s¢urce of coutaninnttan in the area in questxon. Prafeauor Borch: rdt was 0! the opinion that the latest Inter neaourca Commission recommendations were the most strict of any one vnuld find in the country and would be productive of a high quality discharge and that such discharge would support fish. Professor Bernhardt furtlwr testified that the expansion of de! end: nts plant us planned woulfl have Kittie if any impnct with regard to flow 110a? and that the important connideraticn is the poundaga of nutrients and further that the quality of the racomaonded effluent is far sunerior to the prelent effluent tron inch plant and fxnaily that 1: such plant were closed down caupiotoly it ycuid unfit no dtfferanco in nutrient: nirandy 1n ¢X5ltlhCO III 1130 Ifilo In Iuppor: of dtfnndanxu above rotdrrad ta tantsnoay ran gatdlag ti cxtcnuiva use of suytic tanks in tut 12¢: in qasxioh and their cmxtritmtion to 11:! coatluinquoxi mmzaxm ct. dotondgnto xutrofincad tutu svxdauta exhibit! lo. 18 thxaugb and inciauig Sn. 2? which nerd potosrsyhtc slidaa of the arts in gunman. snag son. 13 nurpcrtu to ho g p-sewn at I annum A2 0:! £41» pumping tutu: &1rtctXy onto {ac surface Q! the gronad. sud: iv. 33 purports to be 3 pxmun at annum: cpungc «path 5 drunfula undo: ccmutrucitou ut ex-mad «mar icvdl. 311$: lie. ‘ I 28 vaopictt mm mm: man at atraahoxry an nhwtazxs higfi concentration or cottage‘, the Inc luvs} Man, and a retaining 1311 through match thorn Ingmar: to on 3 druin 9290 ruanig dttnctzy auto ta Inks. 8216:: o. 26 ; nd 21 ayonr to by cumulative at the cortant of Sa. 35. Rebuttal tostlnony indicnted that dyu tests have baan tho. it strsvhnrry laka resulting in only two traces being nppcrnnt, on» tauodtxttly and the other within 1 2£ hour surveillance. 3 47 year resident on Bob white Hench testified, in raburtal, that
  54. 54. ,@%» A% .17. in his upxnion, based on n15 obsérvaxiona, the mate: cuurse in qucstion has never been as bad in the past 35 defegéantx uuuld xndicnfe but that such water course }s currently in pour physical shape and has become so aver the pgét several ycnrs. Further rebuttal testimony was received from a party who has lived {or the past 27 years on Mill Creek which runs through her praperty. Such testimony indicated that before 1963 M11} Creek was used for general recreational purposas which included Iifihsng and swimming approximately 1506 feet from the outfall pipe; Said wltnaas further testified that said crack is not useless for! swimming and [taking purposes and lhtt she receives a hiyhly attentive odor fro: sn$d waters. This Court (finds, as t Iattar of law. that the state of Kichlgtu vi; it: pxrzauunt powarn. bad 1 rignt tn osttbliah the wants rater dxspoaal plnnt heroin 1a qusatlon in Grean Oak Tawn- thip with the d1:chu: ;¢ pipe §o¢ated is aauhurfi Tnvnmhxp and 11:0 had tau tsght to. us it 61%. éisyoao uf nucfi plan: gs 1 State futility uné :93} tho tune to a Ietnar municipality but uuh1o¢t to promise: and condxtiuua lnfio :3 or htid out ta othtr parttun or nuascipxzatsav affected by (an oporitxan or jaaé agate watt: treatment grant or rat Iacntxun or saxé giant's discharge plpaa ? h1a coat: of equity hula: tbtt as I watts? 0! int plxintttfs herein hr; vntltied to 2:13 ca these partisan of thir exhibits xo, 2, § Ind 10 herein not eat st pagan I2 aad 13. such prontnax. to be enturcud, urn hereby held ta he nub3act to a nhowsng that tha dazaraentnl condtttons set nut therein dn in tact exist, which thiu Court an Izndu as u iaci. Thts Court finds. as I matter of fact. blxed on the touti- mony reculvad from both plaintiff and dstensc illnesses unoer onth in open Court abut the State of Iichxgan has not livad up 19 the proalsos cantainnd in the sxhlbita above referred to. This Court further finds, as a matter of ruck, based on ~ W. .W. ... MmMJ A. ... »., ,.. M. M. ..-, M K! .1. M. ‘M; F.»wxv. wr, «w«»«Lu»«, a¢v~a: ~.: «y. vm»i; :«‘7A»‘&«(¢9Ammi&}-§i¥xkE. «§isafi£s5.
  55. 55. $& gm ’i&‘ ‘ $3 tba evidanco and exhibit: presented to it, that detendants herein have in the past and are currently discharging an efiluv en! that pollutea the receiving waters. This Court further f1nds that the quality and quantity of éafendants erfluent can be and will he ordered adjusted. And further, this Court finds, as a matter or fact, based upon the évidence and testimony presented to it. that not unly is the existing quality of defendants effluent ohJectionsbJe but that the proposed standarfia of quality and quantity set out in defeadants oxhfibit No. 3 above are unreasonable and deficient when taking Into account the designated was of the receiving waters. Estate adapting and apacitying any partiguiax standarda in this cage (be Court will not address izaalt to zhu question at juritdlctioa in thin cast at xakeland, £3 33 v. rouaahig 21 Northfield, £3 3}. Dcrundaata heraln aartoualy contest the gursadlctiou not only of chi; Court in this case but of tn: Circa}! Court in ganatal Sn any particular lszxgaziaa «attain fhfltfl haayfioen activity o! 2: veuarlaaat of Hatuial Raaourcac and/ at thy tater saaourcaa catalysis» and such activity of such xgaaay has bean proéucztva at an grdar vncrata a ataufiata has been tixad. fiublic Act 237. £970. alto knavn as tha‘? honuI J. ifidC? U¢hy Gordon Rockwell xnvironacntal Frotoctscn ac: or 1970", provide: in section 2 tharool that any person, natural ¢r otnorviae, "any maintain an actlan in the Circuit Court havtg jurtadietxoa whats the alleged violation accurrod o: ta lzkely to occur for doclaratory and aqutzahle rai| a£. ..ror thn protection 9! the air, water and ether natural raaources ad the pubiic trust theratn from pollution, impaxruont or destruction. ” as; 14,528 (202) sec. 2.(z) raads as zoxxovs: (2) In granting rails! provldofl by subsection (1}vhero there is involved a standard (or pol- lution or for an anti-poliution davica or pro» cedars, lixed by rule at otherwise. by an 3 a , * . ... «.. -»_. «,. ... ,.. ... ... ... ..—. «. W.. ... ‘V . . , _ , -. ... ... ..m. .4.. ... «~. s.~. ... ,r. .. . ,,, ,., ,w; .). ... .y, .s-. ,»«. MsW«. ».. p.»; ,}.4,. 'r 45.‘, ;. .,M, ,W, - my “, MMW__,
  56. 56. -}£}. instrumonlnlity or agency 0! thé atate er 3 political subdivision thereof, the Court may: (a) determine the validity, appiicabilzty and reasonableness of the standard. (b) when a Ccurt finds the standard to be deficient, direct the adoption of a standard approved and specified by tha Court. " This Court finds that the abnve language is not mandatory. also in this regard see sackicn 4(2) of the Act which reads as follows: "1! administrative, licensing or other pro» ceedxnge are required or nvxilable to determine the Iegtllty of the defendtnta conduct. the Court may remit the parties to aucn proceedfings. .." section 6 of the Act recites: "Thin kc: shall he supvlenentnry to «stating aduxnistrntsve and rvgulttory pracadurcs provided by 131.” This Caurt xxndn, an 1 flatter of 1:1. th3t It fines hnvi origins! jarinaécrzon in litigutxon uuch 16 in prcnnntiy boxer: the Cnut¥. 1&1: caurt further finds. an a matter or Inn, that my Itzigartoa was bclort was Econ 11 original {Migration axmzorimd by van/ Ne tat 13?, 1970 ma not juimxnl rune: of zéuiaiuttutiva procaadings or oraars at not out In auction 4 at uni Act. one wow logxitutolr caznfuac lnigxuasn that ha- ton this Conn :3 man being an tho 3:11;“ at jnnitctnl mum: or an order at an téistnitwtiivd body in that dttoranbats heroin attempt to justify their present and tater» uszziritiivs an bvbratofare natured nomad nu} ordcr at dauminuiiisu Iran thff. later mvsourcea couniuicn. Plstmtffn horaia in Mt apgosuu: tron nub ardor but nru uorsly, in the procwat 3? their aigsuax lltigxtion. strutting tha yropcnud future aonut cf dcrondsats hareln based on much ISC Order or notcrnxnttion. Dvtednnt, in its 816:, relies heavily on the oplniou of Juégv Iurran. Inghan County Circuit Judge, in the matter at Rnhcrts v. glggg _3 uichiggn, 33 33. Incas: County Circuit Court, F11» flu. 12428~C. This Court In of tha opinion that it is not controlled by the opinion set out in ncbarta by tho lenrnad Ixsclsu Gaunt: circuu court Judge and iutthtr finds that any a 3 i S
  57. 57. ~2u— §$% fiiflhutc between circuits must be resolved by 2 higher trzbunai. This Court does not believe Act 127, 1976, is unc0nstitu- tionai by virtue of it having contained therein a prahihiicd delegation sf powers. Said kct simyly states that when a Court finds a standard to be uureaaanable or deficient the Court may set an acceptable standard which the Court may enforce directly fir otéer the agancv invo}vud to enforce such standard. This Court is further or the opinion that it can diract ins Water Resouicos Commission in fldopt a different nallution standard withaut 3 Judiciak revinx of Commission procaadings wherein standards were adopted and by virtue of said fiat 12? can direct tba Cosaiasion to adopt aiffarent stundnrda via gudininl review of thc Cnmnission's pracacuzngs. Such 901%: 9: this Caurt is J not inconsistent with the authority out out in mxifi hat ii? in this rcglrd saa aiuo Act 2&5, 1929 an tadnued by vuuxxc An: a 1570, an. 200. and Public 3:10 or 1969, In. 356. in udaitinu to me than, this tau: -i 2:: mt isxenindtui of tn: 1:: net nut in Ihigg iafis xsnocinzioa r. tuitenaii. 32 fltcb am: 363. ‘min camp: in of use agmian uni §_§i__’g_§_g ! __£_i§__g>§ mad tin turn us: out tiwruu. is ac: lancer cmxtroiiiixe in than sci :3? at I9?o. uaoci? ica33y auction 2 tburawt. doniow aha iaiur Rauousacn €¢uiuai9x priaarg iuriadiciicn in aut£¢ru act as art ant betort ihc Cauwt. rho priory gurisnittion Gnctrina qua tho controlling factor Cfiutuysu -; the Cuurt at A§gca1n in its uiinomltica of 33353 gggg but yuan éoctzinm has caugton with conuifiurniiaus or Khfi luck of aavnncu gudzcitl pxocaedingn «has such doctrine was tamarind and in» fairosu or unrairoeu: at xouatting piaintiif zharoin in unother vrocaoding, And further. nu¢b doctrine was employed in the absence of the !3n: v3ge_n9§ round in Act 127 or 1970. it shnulu he understand bardin that this Cuurt dous not dintgree with inn rations! for nor the necessity at the primary jurisdiction doctrine but merely paints out that the anus it not nbao1u: ¢1y cantrolling herein.
  58. 58. y a2}- ¢%% ygk Thxa Cour: (urine: finds. based an xhe ev: d0n-¢ ana teats- many presented to it. that defendants prencnt effluent discharge as a matter 0! fan! and inn is a roliutant and that the same 4005 constitute a nuzsancc whack IS nbatnblc van equitable and or dccinrntary relief. And further, this Court finds as a matter at fact and as a matter of law that auch discharge by defendants of a polluted effluent is an unreasonable vse mf these wnters and is Viulative oi plaintiffs riparian rights. This Cour: further finds that the ofrcns1ve quality or de£en&- ant’s effluent can be ccrrectcd by the xdjustmant of stnndnrds, heretotoru set out, to improve the quality of such effluent to n stnte acceptable by this Court. Sectiun 3(1) of the Act aatsiortb the standards of avid» antinry showings in finch matters nna betate the Court. without taking leans as to the legislature’; paint to set rules of evid- ence in caurt thin caurt viii accept, nrguvnda, the standnrdn set out in amid section Jti) which tends an foxlowu: "Khan the p3n1nt1fr in the action ha: Iadc 1 prim: Iucie showing that aha couéuct at thu defondtnt ham, at is Iikoiy to pollntu, impair at deutrey Ina air. vnznr or atber naturnl research: at the: public firm! thcro-« in, {nu dexendznt way rebut the prxnn fncie ahowtng by the nahnxnaicn at evtdanca ta tho contrary. The defendant may alto aha‘. by any of an Attirnativa datouno, that thorn in no feasible and prudent nxterngtivs ta def0ndsnt's candu¢! sad that such conduct is cannlntent with tha promotion at the yublic honizh, nalcty sud «allure in light at can Its¢¢'s pgrauount cencern tor tho yrotncttan of its naturnl reaourcca tron pollution, iapnirment or deutruction. ” This Court Kids on a matter at Inc: and as a matter at law that the plalntifl herein has established 3 Przms Fncie showing that the conduct of the dafendnnts herein nus polluted and is likely to continue to pollute the natutal resources in quuatinn. It is the further finding 0! this Court as a matter of fact mad as a matter of law that although the defendant has submtt$cd its case and evidence that such Prim: Fncie case of 'm4m. ~.. ..<. .,, .,. ., _-4.. .. ; . ‘ K“ , r.