[Adopted 3-14-2002 by Ord. No. 21K]
The following definitions are applicable to
this article:
The residue from the preparation, cooking and dispensing
of food, and from the handling, storage and sale of food products
and produce.
Wastewater or seepage with pollutants that will adversely
affect or disrupt the wastewater treatment processes or effluent quality
or sludge quality if discharged to a wastewater treatment facility.
The wastewater from industrial process, trade or business,
as distinct from sanitary sewage, including cooling water and the
discharge from sewage pretreatment facilities.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, governmental agency or other entity.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
Scum, liquid, sludge or other waste from a septic tank, soil
absorption field, holding tank, vault toilet or privy. This does not
include the waste from a grease trap.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions
together with any groundwater, surface water, and stormwater that
may be present but not intentionally admitted.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with waste
treatment.
A document issued by the Wisconsin State Department of Natural
Resources which establishes effluent limitations and monitoring requirements
for the municipal wastewater treatment facility.
A.
The management, operation, and control of the sewer
system for the Village of Superior is vested in the Village Board
of said Village of Superior; all records, minutes and all written
proceedings thereof shall be kept by the Clerk-Treasurer of the Village
of Superior, and all financial records shall be kept by the Clerk-Treasurer
of the Village of Superior.
B.
The Village of Superior shall have the power to construct
sewer lines for public use and shall have the power to lay sewer pipes
in and through the alleys, streets, and public grounds of the Village
of Superior and, generally, to do all such work as may be found necessary
or convenient in the management of the sewer system. The Village of
Superior shall have power by itself, its officers, agents and servants,
to enter upon any land for the purpose of making examination or supervise
in the performance of its duties under this article, without liability
therefor, and the Village Board shall have the power to purchase and
acquire all real and personal property which may be necessary for
construction of the sewer system or for any repair, remodeling or
additions thereto.[1]
The owner shall maintain sewer service from
the street main to the house, and including all controls between the
same, without expense to the Village. All sewer services must be maintained
free of defective conditions by and at the expense of the owner or
occupant of the property. When any sewer service is to be relaid and
there are two or more buildings on such service, each building shall
be disconnected from such service, and a new sewer service shall be
installed for each building.
A.
The rules, regulations and sewer rates of the Village
of Superior of Douglas County, Wisconsin, hereinafter set forth shall
be considered a part of the contract with every person, company or
corporation who is connected with the sewer system of the Village
of Superior, and every such person, company or corporation by connecting
with the sewer system shall be considered as expressing his or their
assent to be bound thereby. Whenever any of said rules and regulations,
or such others as the Village of Superior may hereafter adopt, are
violated, the service shall be shut off from the building or place
of such violation (even though two or more parties are receiving service
through the same connection) and shall not be reestablished except
by order of the Village Board and upon payment of all arrears, the
expenses and established charges of shutting off and putting on, and
such other terms as the Village Board may determine, and a satisfactory
understanding with the party that no further cause for complaint shall
arise. In case of such violation, the said Village Board, furthermore,
may declare any payment made for the service by the party or parties
committing such violation to be forfeited, and the same shall thereupon
be forfeited. The right is reserved to the Village Board to change
the said rules, regulations and sewer rates from time to time, as
it may deem advisable, and to make special rates and contracts in
all proper cases.
B.
This article regulates the use of public and private
sewers and drains, disposal of seepage wastes into the public sewers,
and the discharge of waters and wastes into the public sewerage systems
within the Village of Superior. It provides for and explains the method
used for levying and collecting wastewater treatment service charges,
sets uniform requirements for discharges into the wastewater collection
and treatment systems and enables the Village of Superior to comply
with administrative provisions, water quality requirements, toxic
and pretreatment effluent standards and other discharge criteria which
are required or authorized by the State of Wisconsin or federal law.
Its intent is to derive the maximum public benefit by regulating the
characteristics of wastewater discharged into the Village of Superior
sewerage system.[1]
C.
This article provides a means for determining wastewater
and seepage volumes, constituents and characteristics, the setting
of charges and fees, and the issuing of permits to certain users.
Revenues derived from the application of this article shall be used
to defray the capital and operational costs of operating and maintaining
adequate wastewater collection and treatment systems and to provide
sufficient funds for capital outlay, debt service costs and capital
improvements.
The following rules and regulations for the
government of licensed plumbers, sewer users, and others are hereby
adopted and established:
A.
Plumbers. No plumber, pipe fitter, or other person
will be permitted to do any plumbing or pipe-fitting work in connection
with the sewer system without first receiving a license from the State
of Wisconsin. All work performed by plumbers, including service connections
to the sewer main, shall comply with the state plumbing code.[1]
[1]
Editor's Note: See Chs. Comm 81 to 87 and Comm 25, Wis. Adm.
Code.
B.
Users.
(1)
Mandatory hookup. The owner of each parcel of land
adjacent to a sewer main on which there exists a building usable for
human habitation or in a block through which such system is extended
shall connect to such system within 10 days of notice in writing from
the Village. Upon failure to do so, the Village may cause such connection
to be made and bill the property owner for such costs. If such costs
are not paid within 30 days, such notice shall be assessed as a special
tax lien against the property; however, the owner may within 30 days
after the completion of the work file a written option with the Village
stating that he or she cannot pay such amount in one sum and asking
that there be levied not to exceed five equal installments and that
the amount shall be so collected with interest at the rate of 10%
per annum from the completion of the work, the unpaid balance being
a special tax lien, all pursuant to § 281.45, Wis. Stats.
C.
Operation and maintenance costs shall include all
costs associated with the operation and maintenance of the wastewater
collection and treatment facilities.
D.
Replacement costs shall include all costs necessary
to accumulate the resources to replace equipment as required to maintain
capacity and performance during the design life of the facility. A
separate segregated replacement fund shall be established and used
only for replacement of equipment.
E.
Sewer service charge is a service charge levied on
users of the sewerage system for payment of capital expenses as well
as the operation and maintenance costs, including replacement of said
facilities.
F.
Policy. It shall be the policy of the Village to obtain
sufficient revenues to pay the costs of the operation and maintenance
of the sewerage facilities, including a replacement fund (i.e., an
account to be used for future expenditures for obtaining or installing
equipment, accessories or appurtenances which are necessary to maintain
the capacity and performance of the sewerage system during the service
life for which such facilities were designed and constructed), through
a system of sewer service charges as defined in this section. The
system shall assure that each user of the sewerage system pays his
proportionate share of the cost of such facilities.
If any waters, wastes or seepage are discharged or proposed
to be discharged into the public sewerage system which contains substances
or possess the characteristics which, in the judgment of the Village,
may be detrimental to the sewerage system, the Village may:
A.
Reject the wastes.
B.
Require pretreatment to an acceptable condition for
discharge to the sewerage system.
C.
Require a control over the quantities and rates of
discharge.
D.
Require payment to cover the added cost of handling
and treating the waste not covered by existing taxes or sewer charges.
A.
Payment
and penalty.
[Amended 8-14-2008 by Ord. No. 21-N[1]]
(1)
Delinquent charges. All charges for sewerage service
provided by the Village shall be invoiced by the Village of Superior
quarterly and shall be payable to the Village Clerk-Treasurer not
later than 30 days after billing by the Village for each period. Failure
to receive a bill shall not excuse nonpayment. Any user having not
paid his sewage bill within 30 days after billing will incur a one-percent
cumulative interest rate per month (prorated from 30 days after the
date of the original billing).
(2)
Notice of delinquency.
(a)
The Village of Superior will give notice not
later than October 15 of each year to the owner/developer of such
lot(s) or subdivision in the Village to which the Village has furnished
services prior to October 1 of that year for which payment is owed
and in arrears at the time of giving the notice.
(b)
The notice shall state the amount in arrears,
including any penalty assessed pursuant to the article, and that unless
the amount is paid by November 1 an administrative charge as set by
the Village Board will be added. Unless the amount in arrears and
any added penalty are paid by November 15, the amount in arrears and
the added penalty will be levied on the tax roll as a special charge
against the lot or parcel of real estate to which service was furnished
and for which payment is delinquent.
(3)
Certificate of delinquency. On November 16, or as
soon thereafter as practicable, the Village Clerk-Treasurer will compile
a list of all lots or parcels of real estate (giving the legal description
of each) and/or developers or individuals for which notice of arrears
has been made and any added charges given with respect to any added
unpaid arrearages, stating the amount of arrearage and the added administrative
charge as set by the Village Board.
(4)
The
Village Clerk-Treasurer shall insert the total delinquent amount,
including the added administrative charge as set by the Village Board,
as a special charge against the lot or parcel of real estate.
B.
Charges a lien. All sewage charges shall be a lien
upon the property serviced pursuant to § 66.0821(4)(d),
Wis. Stats., and shall be collected in the manner therein provided.
C.
Annual audit. The Village shall have conducted an
independent annual audit, the purpose of which shall be to ensure
that adequate revenues are available relative to increasing operation,
maintenance and replacement costs and debt retirement. The findings
and recommendations of this audit can be seen at the Village Hall
by appointment with the Village Clerk-Treasurer.
A.
Damages. No unauthorized person shall maliciously,
willfully or negligently break, damage, destroy, uncover, deface or
tamper with any structure of pertinence or equipment which is a part
of the sewerage system. Any person violating this provision shall
be charged with violating § 943.01, Wis. Stats., Damage
to property.
B.
Written notice of violation.
(1)
Any person connected to the sewerage system found
to be violating a provision of this article shall be served by the
Village with a written notice stating the nature of the violation
and providing a reasonable time for the satisfactory correction thereof.
The offender shall, within the period of time stated in such notice,
permanently cease all violations.
(2)
Any licensed disposer discharging to the sewerage
system found to be violating a provision of this article or of any
conditions of the Village approval for sewage disposal may have his
approval immediately revoked. This revocation shall be done in writing
and state the reasons for revoking the sewage disposal approval.[1]
C.
Accidental discharge reporting. Any person responsible
for an accidental discharge that may have a detrimental impact on
the sewerage system shall immediately report the nature and amount
of the discharge to the Village Clerk.
D.
Continued violations. Any person, partnership or corporation, or any officer, agent, or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-4, General penalty, of this Code. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.[2]
E.
Liability to Village for losses. Any person violating
any provision of this article shall become liable to the Village for
any expense, loss or damage occurred by reason of such violation which
the Village may suffer as a result thereof.
Any user affected by any decision, action or
determination, including a cease and desist order, made by the interpreting
or implementing of provisions of this article may file with the Village
a written request for reconsideration within 10 days of the date of
such decision, action or determination, setting forth in detail the
facts supporting the user's request for reconsideration. The Village
upon receiving the request for reconsideration shall publish the request
in the official newspaper. The Board shall render a decision on the
request for reconsideration to the user in writing within 15 days
of receipt of the request.
The Village, through its duly qualified governing
body, may amend this article in part or in whole whenever it may deem
necessary.
A.
It shall be unlawful for any person to willfully injure
the sewer system or any building, machinery or fixture pertaining
thereto or to willfully and without authority of the Village Board
bore or otherwise cause to leak any tunnel, aqueduct, reservoir, pipe
or other thing used in the system for holding, conveying or collecting
sewage.
B.
No user shall discharge or cause to be discharged
any of the following described liquids or solid wastes to any sanitary
sewer.
(1)
Any stormwater, surface water, groundwater, footing
drains, sump pumps, roof runoff or surface. NOTE: Exception for sump
pumps during the month of November through April 15 may be discharged
into the sewer.
(2)
Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas.
(3)
Any ashes, tar, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch manure,
or any other solid or sticky substance capable of causing obstruction
of the flow in sewers or other interference with the proper operation
of the sewage works.
(4)
Any water or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any sewage
treatment process, constituting a hazard to humans and animals, or
creating any hazard in the receiving treatment facility.
(5)
Any water or wastes containing suspended solids of
such character and quantity that unusual attention or expense is required
to handle such material at the sewage treatment plant.
(6)
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
(7)
Any garbage that has not been properly shredded.
(8)
Any liquid or vapor having a temperature higher than
150° F.
(9)
Any water or wastes which may contain more than 100
parts per million by weight of fat, oil or grease.
In addition to any other penalty provided by
this article or other law, the Village of Superior shall have the
right of recovery from any responsible persons of any expense incurred
by the Village of Superior for penalties imposed on the Village due
to a violation of this article or other law, correction of conditions
impairing the proper operation of the sewer system and the repair
or replacement of any sewer pipe or other property of the sewer system
damaged in any manner by any negligent or intended act or omission
by such person or by others under their control.
Any person violating the provisions of this article or rules or regulations of the Village of Superior, or who shall connect a service pipe without first having obtained a permit therefor, or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-4, General penalty, of this Code. This, however, shall not bar the Village of Superior from enforcing the connection duties set out in § 315-32B(1) for mandatory hookup.
