[Adopted as Sec. 8-1-7 of the 1994 Code]
Whenever public sewer service has become available to any building
used for human habitation or human occupancy, the Village Board shall
notify in writing the owner, agent or occupant thereof to connect
such facilities thereto. If such persons to whom the notice has been
given shall fail to comply for more than 90 days after notice, the
Village Board shall cause the necessary connections to be made and
the expenses thereof to be assessed as a special tax against the property
pursuant to § 281.45, Wis. Stats.
The Village Board may extend the time for connection hereunder
or may grant other temporary relief where strict enforcement would
work an unnecessary hardship without corresponding public or private
benefit.
This article is enacted pursuant to § 281.45, Wis.
Stats.
After connection to a public sewer, no privy, privy vault, private
septic systems or cesspool shall be constructed or maintained upon
such lot or parcel. After such connection, any existing privy, privy
vault, private septic system or cesspool shall be filled or removed.
[Adopted as Title 9, Ch. 2, of the 1994 Code]
This article is adopted under the authority granted by Ch. 61,
Wis. Stats.
This article shall be known and referred to and cited as the
"User Charges and Sewer Use Ordinance for the Village of Belleville,
State of Wisconsin" and hereinafter referred to as "this article."
The Village Board of the Village of Belleville, Dane and Green
Counties, Wisconsin, hereby finds that the requirements for the issuance
of state grants and the acceptance of such grants by the Village of
Belleville under the Wisconsin Grant Fund Program, § 281.57,
Wis. Stats., and the regulations of the Wisconsin Department of Natural
Resources as set forth in Ch. NR 128, Wis. Adm. Code, for the construction
of waste treatment works to improve the quality of effluent discharges
from the Village of Belleville establish:
A. The necessity of adopting a user charge system that would be proportionate
to all classes of users and produce the revenue required to sustain
the sewage collection and waste treatment system.
B. The necessity of enacting regulations that control the use and inflow
into wastewater treatment works.
The purpose of this article is to promote the public health,
safety, prosperity, aesthetics and general welfare of the citizens
of the Village of Belleville, Dane and Green Counties, Wisconsin,
and it is designed to provide the legislative enactments required
under § 281.57, Wis. Stats., § NR 128.20(5), Wis.
Adm. Code, and applicable (state) regulations for the acceptance of
construction grants to improve the quality of effluent discharges
from the wastewater treatment works. It is further intended to provide
for administration and enforcement of this article and to provide
penalties for its violation.
It is not intended by this article to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, rules, regulations, ordinances or permits
previously adopted or issued pursuant to law. However, wherever this
article imposes greater restrictions, the provisions of this article
shall govern.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the Village and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
For the purpose of this article, the following definitions shall
be used. Words used in the present tense include the future; the singular
number includes the plural number, and the plural number includes
the singular number. The word "shall" is mandatory and not directory,
while the word "may" is permissive.
ACCRUED RESERVES
A method of keeping accounts of the segregated resources
over several years to determine the funds available to offset capital
expenditures to maintain an ongoing, online waste treatment facility.
AUDIT
A separate report from other funds and shall cover the following:
A.
To determine that financial operations are properly conducted;
B.
Financial reports are presented fairly, and applicable laws
and regulations have been complied with;
C.
Resources are managed and used in an economical and efficient
manner; and
D.
Desired results and objectives are being achieved in a financially
effective manner.
AUTHORIZED EXPENDITURES
Those expenditures authorized by the Village Board of the
Village and made payable from the accounts kept for the expenditures
of the user charge. Expenditures from the reserve funds shall be limited
to those for which the fund was created.
BILLABLE BIOCHEMICAL OXYGEN DEMAND (BOD)
A user's loading in pounds of BOD calculated using the
billable flow and concentration of BOD in the waste as determined
by the Village Engineer. Minimum waste strength of BOD shall be the
domestic waste concentration of 200 milligrams per liter for the purpose
of billing for user charges.
BILLABLE FLOW
A user's recorded quarterly water usage as metered by
the appropriate water utility, plus metered water from wells and other
sources, and less any sewer-exempt metered data, times the Village
approved percentage factor for wastewater entering the sewer system
outside of the metered water. Residential users on unmetered wells
and users with no history of billable flow shall have their billable
flow estimated by averaging the billable flow of other residential
users of the same class.
BILLABLE TOTAL SUSPENDED SOLIDS (TSS)
A user's loading in pounds of TSS calculated using the
billable flow and concentrations of TSS in the waste as determined
by the Village Engineer. Minimum waste strength of TSS shall be the
domestic waste concentration of 250 milligrams per liter for the purpose
of billing for user charges.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedures in five days at 20° C.
BUILDING DRAIN
A.
SANITARYThat part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only and is located inside the walls of a building and conveys the sewage to the building sewer, which begins three feet outside the building wall.
B.
STORMThat part of the lowest horizontal piping of a drainage system which receives stormwater or other clear water discharge, but receives no wastewater from sewage or other drainage pipes, and is located inside the walls of a building and conveys sewage to the building sewer, which begins three feet outside the building wall.
BUILDING SEWER
A.
SANITARYThe extension from the building drain to the public sewer or other place of disposal and conveys only sanitary or industrial sewage. This is also known as a "house connection."
B.
STORMThe extension from the building drain to the public sewer or other place of disposal and conveys stormwater or other clear water drainage but no sanitary or industrial sewage. This is also known as a "house connection."
CLASS OF USERS
The division of wastewater treatment customers by waste characteristics
and process discharge similarities or function, such as residential,
commercial, institutional, industrial or governmental.
COLLECTION SEWER
A sewer whose primary purpose is to collect wastewaters from
individual point source discharges.
COMBINED SEWAGE
A combination of both wastewater and stormwater or surface
water.
COMBINED SEWER
A sewer intended to receive both wastewater and stormwater
or surface water.
COMMERCIAL USER
For the purpose of the user charge system, a user engaged
in the purchase or sale of goods, or in a transaction or business,
or who otherwise renders a service.
COMPATIBLE POLLUTANT
Biochemical oxygen demand (BOD), suspended solids (SS), pH,
and fecal coliform bacteria, plus additional pollutants identified
in the National Pollutant Discharge Elimination System (NPDES) permit,
if the publicly owned treatment works was designed to treat such pollutants
and, in fact, does remove them to a substantial degree.
DEPOSITED
Placing funds in control of the Village, and if said deposit
is in the form of a bank check, deposit shall not be deemed collected
within this definition until the applicable rules of the bank's
collection procedures are fulfilled.
DEPRECIATION
An annual operating cost reflecting capital consumption and
obsolescence (reduction of future service potential) of real and personal
properties.
DISSOLVED SOLIDS
That concentration of matter in the sewage consisting of
colloidal particulate matter one micron in diameter or less and both
organic and inorganic molecules and ions present in solution.
DOMESTIC LEVEL USER or RESIDENTIAL USER
For the purpose of the user charge system, a user whose premises
or building is used primarily as a domicile for one or more persons
and whose wastes originate from the normal living activities of its
inhabitants.
EASEMENT
An acquired legal right, less than fee simple, for the specific
use of land owned by others.
FECAL COLIFORM
Any number of organisms common to the intestinal tract of
man and animals whose presence in sanitary sewage is an indicator
of pollution.
FLOATABLE OIL
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in a pretreatment
facility approved by the Village.
FORCE MAIN
A pipe in which wastewater is carried under pressure.
FUNCTIONAL BETTERMENT
A process improvement in the increased size facilities or
a process improvement in existing facilities that is directly anticipated
to preclude physical betterments or is an indirect improvement to
the process as a result of renewal on a cost-effective basis.
FUNCTIONAL OBSOLESCENCE
The process deficiency of a functional element of a plant
beyond the capacity of a preventive maintenance program to such extent
that a new process device or piece of equipment would be more cost-effective.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and from the commercial handling,
storage and sale of produce.
INDUSTRIAL USER
Includes manufacturing activities involving the mechanical
or chemical transformation of materials or substances into other products.
These activities occur in establishments usually described as plants,
factories, or mills characteristically using power-driven machines
or material handling equipment.
INFILTRATION
The water unintentionally entering the public sewer system,
including sanitary building drains and sewers, from the ground through
such means as, but not limited to, defective pipes, pipe joints, connections,
or manhole walls. "Infiltration" does not include, and is distinguished
from, inflow.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow
without distinguishing the source.
INFLOW
The water discharged into a sanitary sewer system, including
building drains and sewers, from such sources as, but not limited
to, roof leaders; cellar, yard and area drains; foundation drains;
unpolluted cooling water discharges; drains from springs and swampy
areas; manhole covers; cross-connections from storm sewers and/or
combined sewers; catch basins; stormwater; surface runoff; street
wash waters; or drainage. "Inflow" does not include, and is distinguishable
from, infiltration.
INTERCEPTOR SEWER
A sewer whose primary purpose is to transport wastewater
from collection sewers to a treatment facility.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
NORMAL DOMESTIC STRENGTH SEWAGE
Wastewater or sewage having an average daily suspended solids
(SS) concentration of not more than 250 milligrams per liter and an
average daily BOD of not more than 200 milligrams per liter.
OPERATION AND MAINTENANCE COSTS
Includes all costs, direct and indirect, not including debt
service, but inclusive of expenditures attributable to administration,
replacement of equipment, and treatment and collection of wastewaters,
necessary to ensure adequate wastewater collection and treatment on
a continuing basis which conforms to applicable regulations and assures
optimal long-term facility management.
PERSON
Any individual, firm, company, association, society, corporation,
or group discharging any wastewater to the wastewater treatment facility.
PERSONAL PROPERTY
For the purpose of the user charge system, all equipment
owned by the Village and used in the transport and treatment of sewage.
Such equipment must be mechanical, electronic, or electrical or have
movable parts.
pH
The term used to express the intensity of the acid or base
condition of a solution, calculated by taking the logarithm of the
reciprocal of the hydrogen ion concentration. The concentration is
the weight of hydrogen ions in grams per liter of solution.
PHYSICAL BETTERMENT
The expansion of a physical facility to increase capacity
of the treatment works.
PHYSICAL OBSOLESCENCE
The material deficiency of a functional element of a treatment
plant to a point that repair as normal or preventive maintenance is
not cost-benefit effective.
PRETREATMENT
The treatment of industrial sewage from privately owned industrial
sources by the generator of that source prior to introduction of the
waste effluent into a publicly owned treatment works.
PUBLIC SEWER
A sewer which is owned and controlled by the Village and
is separate from and does not include sewers owned by other governmental
units.
PUMPING STATION
A station positioned in the public sewer system at which
wastewater is pumped to a higher level.
REAL PROPERTY
For the purpose of the user charge, all fixed physical facilities
owned by the Village and used in the transport and treatment of sewage
which do not have movable parts, such as buildings, tanks, sewers,
structures and the like.
RENEWAL COSTS
The expenditures from reserve funds or other funds to overcome
physical and/or functional consumption of plant capacity or function
or obsolescence of the same, in order that the equivalent in function
of plant is present at the end of the anticipated useful life.
REPLACEMENT COSTS
The expenditures for obtaining and installing equipment,
accessories, or appurtenances necessary during the service life of
the treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation and
maintenance costs," as defined in this section, includes replacement
costs.
REPLACEMENT RESERVE
An account for the segregation of resources to meet capital
consumption of personal or real property.
SANITARY SEWER
A sewer which carries only sanitary or sanitary and industrial
wastewaters from residences, commercial buildings, industrial plants,
and institutions and to which stormwater, surface water, and groundwater
are not intentionally admitted.
SEWAGE
The combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
including polluted cooling water and unintentionally admitted infiltration/inflow.
A.
SANITARY SEWAGEThe combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
B.
INDUSTRIAL SEWAGEA combination of liquid and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment and shall include the wastes from pretreatment facilities and polluted cooling water.
C.
COMBINED SEWAGEWastes, including sanitary sewage, industrial sewage, stormwater, infiltration, and inflow, carried to the wastewater treatment facilities by a combined sewer.
SHREDDED GARBAGE
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
(1.25 centimeters) in any dimension.
SIGNIFICANT INDUSTRY
Any industry that will contribute greater than 10% of the
design flow and/or design pollutant loading of the treatment works.
SLUG
Any discharge of water or wastewater in concentration of
any given constituent or in any quantity of flow which exceeds for
any period of duration longer than 15 minutes more than five times
the allowable concentration or flows during a normal working day (i.e.,
one-, two- or three-shift operational) and shall adversely affect
the collection system and/or performance of the wastewater treatment
works.
STANDARD METHODS
The laboratory procedures set forth in the following sources:
Standard Methods for the Examination of Water and Wastewater, 14th
Edition, as amended, prepared and published jointly by the American
Public Health Association, American Water Works Association, and Water
Environment Federation; Methods for Chemical Analysis of Water and
Wastes, 1975, prepared and published by the Analytical Quality Control
Laboratory, United States Environmental Protection Agency; Guidelines
Establishing Test Procedures for the Analysis of Pollutants, enumerated
in 40 CFR 136.1 et seq. (1975), as amended; and/or any other procedures
recognized by the United States Environmental Protection Agency and
the State of Wisconsin Department of Natural Resources.
STORM SEWER
A sewer that carries only stormwater, surface runoff, street
wash and drainage and to which sanitary and/or industrial wastes are
not intentionally admitted.
SUMMER QUARTER
The user's quarter starting in June, July, or August
and ending accordingly in August, September or October.
SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSS)
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater, or other liquids and
is removable by laboratory filtration as prescribed in the Standard
Methods enumerated in this section.
TOXIC AMOUNT
Concentration of any pollutant or combination of pollutants
which upon exposure to or assimilation into any organism will cause
adverse effects, such as cancer, genetic mutations, and physiological
manifestations, as defined in standards issued pursuant to Section
307(a) of Public Law 92-500, as amended.
UNPOLLUTED WATER
Water of a quality equal to or better than the effluent criteria
in effect or water that is of sufficient quality that it would not
be in violation of federal or state water quality standards if such
water were discharged into navigable waters of the state. Unpolluted
water would not be benefited by discharge to the sanitary sewers and
wastewater treatment facilities provided.
USEFUL LIFE
The anticipated term in years of physical and/or functional
productivity of elements and/or the whole of the wastewater treatment
system which can be reevaluated as a result of preventive maintenance,
renewal which offsets physical and/or functional obsolescence, renewal
of capital elements due to consumption, and physical and/or functional
betterments, direct or indirect.
USER CHARGE SYSTEM
The system of charges levied on users for the cost of operation
and maintenance, including replacement reserve requirements on new
and old wastewater collection and treatment facilities.
VOLATILE ORGANIC MATTER
The material in the sewage solids transformed to gases or
vapors when heated at 500° C. for 15 minutes.
WASTEWATER TREATMENT WORKS
The structures, equipment, and processes required to collect,
transport, and treat domestic and industrial wastes and to dispose
of the effluent and accumulated residual solids.
WATERCOURSE
A natural or artificial channel for the passage of water,
either continuously or intermittently.
WATERWORKS
All facilities for water supply treatment, storage reservoirs,
waterlines, and services and booster stations for obtaining, treating
and distributing potable water.
A user charge shall be assessed to all users by the Village
in accordance with the provisions of this article.
Revenues to pay for debt service shall be collected as required for revenue bond amortization. (See §
538-18.)
The Village Engineer or any duly designated agent of the Village
Engineer bearing proper credentials and identification shall be permitted
at any time to enter upon all properties within the corporate limits
of the Village, or outside the Village, that have contracted for wastewater
treatment service for the purpose of inspecting, observing, measuring,
sampling and testing, as may be required, in pursuance of the implementation
and enforcement of the terms and provisions of this article.
While performing the necessary work on private properties referred to in §
538-28, the duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the commercial or industrial user, and the user shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the user against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions.
[Amended by Ord. No. 2004-06-02]
When any person violates any provision of this article and in particular §
538-20, Limitations on discharge, for any three successive days, the violator shall be assessed a forfeiture as provided in §
1-4 of this Code per day for each day the violation occurs. If the above payments are not made, the Village will add the amount to the next monthly bill. If not paid at that time, the Village will prosecute the violator in court to recover the forfeiture plus the costs of prosecution.