[HISTORY: Adopted by the Village Board of the Village of
Fremont 5-27-1986 by Ord. No. 86-1 as Ch. 13 of the 1986 Municipal Code.
Amendments noted where applicable.]
The Village Board shall manage, operate and control the Village
sewer system and shall exercise all the powers of a utility commission
as provided in § 66.0723, Wis. Stats.
Unless the content specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
A sewer receiving both surface runoff and sewage.
Normal strength 200 ppm BOD and 250 ppm SS. Allowable upper
limit strength 400 ppm BOD and 500 ppm SS.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
The pipe connected to the sewer main and extending to the
building sewer at the property line.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
food that have 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 in any dimension.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by the Village.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters, surface waters and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration of flows during normal
operation.
A sewer which carries stormwaters and surface waters and
drainage, but excludes sewage and industrial wastes, other than unpolluted
cooling water.
The Superintendent of Sewer System of the Village or his
authorized deputy, agent or representative.
Solids that either float on the surface of, or are in suspension
in, water, sewage or other liquids and which are removable by laboratory
filtering.
An owner or occupant of property connected to the Village
sewer system.
A channel in which a flow of water occurs, either continuously
or intermittently.
Every user of the Village sewer system shall be subject to the
provisions of this chapter, the rules and regulations and sewer service
charges established by the Village Board, and all applicable state
laws and administrative rules:
A.
Mandatory hookup. When sanitary sewer is available, the owners of
all habitable buildings shall connect to the sewer system within 30
days of occupancy.
B.
Application for service. Every person connecting to the sewer system
shall fill out an application with the Village on a form supplied
by the Clerk-Treasurer. Industrial users shall supply detailed information
regarding the volume, rate of discharge, character and strength of
the waste; upon review, the Village Board shall accept or reject the
application or require pretreatment.
C.
Sewer tapping.
(1)
Permit required. No person shall tap into a sewer main without a
permit issued by the Superintendent.
(2)
Applications. Applications for permits shall be filed with the Clerk-Treasurer
on forms supplied by the Clerk-Treasurer.
(4)
Licensed plumber required. Except for Village employees and contractors,
only licensed plumbers may tap into a sewer main.
(5)
Tap rules; inspection. All taps shall be made in accordance with
specifications established by the Superintendent, and no excavation
may be filled until the Superintendent has inspected the work.[1]
[1]
Editor's Note: Original Section 13.03(4), Lateral charge,
which immediately followed this subsection, was repealed 6-11-2013
by Ord. No. 13-1.
D.
Maintenance of service.
(1)
All sewer service within the corporate limits of the Village from
the sewer main to the location of the property line will be maintained
by the system without expense to the property owner, except when such
sewer main or lateral is damaged as a result of negligence on the
part of the property owner or occupant, in which case such repair
shall be made at the expense of the property owner. All sewer service
from the lateral to and throughout the premises must be maintained
free of defective conditions, by and at the expense of the owner or
occupant of the property. If the property owner does not repair any
break between the property line and the building allowing clear water
infiltration within 24 hours, the service may be repaired by the Village
and charged to the property owner, pursuant to § 66.0627,
Wis. Stats.
(2)
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.
E.
Vacating premises and discontinuance of service. Whenever premises
served by the system are to be razed, the system must be notified
in writing. The owner of the premises shall be liable for any damages
to the property of the system by reason of failure to notify the system
of a vacancy or any such damage which may be discovered having occurred
to the property of the system other than through the fault of the
system or its employees.
F.
Septic tanks prohibited. The maintenance and use septic tanks and
other private sewage disposal systems within the area of the Village
serviced by its sewer system are hereby declared to be a public nuisance
and a health hazard. The use of septic tanks or any private sewage
disposal system within the area of the Village serviced by the sewer
system shall be prohibited.
G.
Inspection. Every user shall permit the Superintendent or his duly
authorized agent, at all reasonable hours of the day, to enter his
premises or building to examine the pipes and fixtures, and the manner
in which the drains and sewer connections operate; and he must, at
all times, answer all questions put to him relative to its use accurately.
H.
Temporary service interruption. Whenever it shall become necessary
to shut off the sewer service within the Village, the Superintendent
shall, if practicable, give notice to each user within the Village
of the time when such service shall be so shut off. During such interruptions,
users shall curtail sewer use.
A.
Sewer service charges. Based upon current costs for operation and
maintenance, debt service and depreciation reserve, as applied to
each class of users, the current sewer service charges are as follows:
[Amended by Ord. No. 89-4; Ord. No. 90-4; Ord. No. 91-7; Ord. No. 93-3; Ord. No. 94-5; Ord. No. 97-1; Ord. No. 98-1; Ord. No. 99-4; Ord. No. 00-7; 4-14-2015 by Ord. No.
15-2]
(1)
Minimum quarterly residential and commercial charges shall be set
at a rate as determined by the Village of Fremont Board.
(2)
Industrial users. The minimum charge for the treatment of industrial
waste shall be established by the Village Board.
(3)
Users outside Village limits. The minimum charge for treatment of
waste to be established by individual contract.
(4)
Unit of service defined. A unit of service shall consist of any residential
or small commercial aggregation of space or area occupied for a distinct
purpose, such as a residence apartment, flat, store or office, which
is equipped with one or more fixtures for rendering sewer service,
separate and distinct from other users. Each unit of service shall
be regarded as one consumer and the surcharge for additional consumers
assessed accordingly. Suites in houses, or apartments with complete
housekeeping functions, such as cooking, shall be classed as suites
of one, two or more rooms with toilet facilities, but without a kitchen
for cooking, are classed as rooming houses. When a user's premises
has several buildings, each supplied with service, the full service
charge shall be billed for each service separately.
B.
Billing.
(1)
Payment dates and penalties. Charges for sewer service shall be billed
quarterly and shall become due and payable on the first day of the
month following the period for which service is rendered. A penalty
of 5% shall be added to bills not paid within 15 days from the date
of the bill.
(2)
Joint liability for sewer bills. The owner of the premises, the occupant
thereof and the user of the sewer service shall be jointly and severally
liable to pay for the service to such premises, and the service is
furnished to the premises by the Village only upon the condition that
the owner of the premises, occupant and user of the service are jointly
and severally liable therefor to the Village.
(3)
Collection of utility bills in arrears.
(a)
Authority. All sewer service charges unpaid and in arrears on
October 1 of each year shall be collected in accordance with the procedure
hereinafter provided pursuant to the authority granted under § 66.0821,
Wis. Stats.
(b)
Procedure.
[1]
On October 31 of each year the Clerk-Treasurer shall mail a
notice of such arrearages by first class mail to the occupant and
to the owner of the premises receiving such sewer service.
[2]
In the event any such sewer bill is not paid by November 14
thereafter, the Clerk-Treasurer shall add a penalty of 10%.
[3]
In the event any such sewer bill is not paid on or before November
14 thereafter, the Clerk-Treasurer, on November 15, shall place the
amount of such arrearages, together with penalty, on the tax roll
as a tax against the lot or parcel of real estate for which sewer
services were provided.
(4)
Failure to bill. Every reasonable care will be exercised in the proper
delivery of sewer bills. Failure to receive a sewer bill, however,
shall not relieve any person of the responsibility for payment of
sewer rates within the prescribed period, nor exempt any person from
any penalty imposed for delinquency in the payment thereof.
A.
Clear water discharge regulated.
(1)
No person shall discharge, or cause to be discharged, any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water or unpolluted industrial process waters to any sanitary
sewer.
(2)
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as combined sewers or
storm sewers, or to a natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process waters may be discharged,
on approval of the Superintendent, to a storm sewer, combined sewer
or natural outlet.
B.
Prohibited discharges. No person shall discharge, or cause to be
discharged, any of the following described waters or wastes to any
public sewer:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters of the sewage treatment
plant, including, but not limited to, cyanides in excess of 2 mg/l
as CN in the wastes as discharged to the public sewer.
(3)
Any waters or wastes having a pH lower than 5.5, or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage works.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, either whole or ground by garbage grinders.
C.
Discharge of certain substances regulated. No person shall discharge,
or cause to be discharged, the following described substances, materials,
waters or wastes if it appears likely, in the opinion of the Superintendent,
that such wastes can harm either the sewers, sewage treatment process
or equipment, have an adverse effect on the receiving stream or can
otherwise endanger life, limb, public property or constitute a nuisance.
In forming his opinion as to the acceptability of these wastes, the
Superintendent will give consideration to such factors as the quantities
of subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage treatment
process, capacity of the sewage treatment plant, degree of treatability
of wastes in the sewage treatment plant and other pertinent factors.
The substances prohibited are as follows:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(2)
Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances
which may solidify or become viscous at temperatures between 32°
and 150° F.
(3)
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of 3/4
horse power or greater shall be subject to the review and approval
of the Superintendent.
(4)
Any waters or wastes containing strong acid, iron, pickling wastes
or concentrated plating solutions, whether neutralized or not.
(5)
Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances; or wastes exerting an excessive
chlorine requirement, to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the Superintendent for such materials.
(6)
Any water or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Superintendent as necessary, after treatment of the composite
sewage, to meet the requirements of the state, federal or other public
agencies of jurisdiction for such discharge to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Superintendent in compliance
with applicable state or federal regulations.
(8)
Any waters or wastes having a pH in excess of 9.5.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids such as, but
not limited to, Fuller's earth, lime slurries and lime residues,
or of dissolved solids such as, but not limited to, sodium chloride
and sodium sulfate.
(b)
Excessive discoloration, such as, but not limited to, dye wastes
and vegetable tanning solutions.
(c)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting
"slugs" as defined herein.
(10)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed,
or are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
D.
Regulation of industrial wastes.
(1)
Requirements.
(a)
If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsections B and C above and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Village Board may:
[1]
Reject the wastes;
[2]
Require pretreatment to an acceptable condition for discharge
to the public sewers;
[3]
Require control over the quantities and rates of discharge;
and/or
[4]
Require payment to cover the added cost of handling and treating
the wastes not covered by existing sewer charges.
(b)
If the Village Board permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Superintendent
and subject to the requirements of all applicable codes, ordinances
and laws.
(2)
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Superintendent, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts, or any flammable
wastes, sand or other harmful ingredients; except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Superintendent
and shall be located as to be readily and easily accessible for cleaning
and inspection.
(3)
Where preliminary treatment or flow-equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
(4)
When required by the Superintendent, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control manhole together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manhole, when required, shall be accessibly and
safely located and shall be constructed in accordance with plans approved
by the Superintendent. The manhole shall be installed by the owner
at his expense and shall be maintained by him so as to be safe and
accessible at all times.
(5)
All measurements, tests and analyses of the characteristics of waters
and wastes to which reference is made in this chapter shall be determined
in accordance with the latest edition of "Standard Methods for the
Examination of Water and Wastewater," published by the American Public
Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect
the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb and property. The particular
analyses involved will determine whether a twenty-four-hour composite
of all outfalls of a premise is appropriate or whether a grab sample
or samples should be taken. Normally, but not always, BOD and suspended
solids analyses are obtained from twenty-four-hour composites of all
outfalls whereas pH's are determined from periodic grab samples.
(6)
No statement contained in this subsection shall be construed as preventing
any special agreement or arrangement between the Village and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the Village for treatment, subject to payment therefor,
by the industrial concern.
(7)
Whenever the Superintendent shall determine that any lot, parcel
of land, buildings or premises is discharging industrial wastes of
unusual volume, concentration or character, or of greatly variable
volume, he shall recommend the adoption of a special rate for such,
taking into consideration the volume BOD value, and suspended solids
content of the industrial wastes and the nature of the use made of
the sewer system; but nothing herein contained shall affect any of
such rates as heretofore might have been established unless and until
changed by action of the sewer utility.
(8)
If a user of the sewerage system discharges any substance therein
which is deemed injurious by the Superintendent to the operation of
the sewerage system, such user shall be required to discontinue the
discharge of such substance in the sewerage system. If, after 10 days'
notice, in writing, such user continues to discharge such injurious
substance into the sewerage system, such user shall be subject to
a forfeiture of not less than $10 or more than $100, together with
the costs of prosecution. Each day in which any such violation continues
to exist, after the effective date of the notice to discontinue such
discharge, shall be deemed a separate violation.
(9)
It shall be the responsibility of the Superintendent to give to each
user a card containing the restrictions on the use of the sewerage
system.
(10)
Any person violating any of the provisions of this section shall
become liable to the Village for any expense, loss or damage occasioned
the Village by reason of such violation.
A.
General. Any person who shall violate any provision of this chapter or any rule, regulation or order made hereunder shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code. Each violation and each day on which a violation occurs or continues shall be a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter or to collect for damage to the sewer system.
B.
For failure to make compulsory connections. Any person who fails
to make connection to Village sewer and who fails to make such connection
by the end of a written noticed time limit shall be served with final
written notice allowing another 30 days to make such connection or
thereafter be in violation of this chapter and shall, upon conviction
thereof, be subject to a forfeiture not to exceed $200 for each violation.
Each day that any such violation continues beyond such time limit
shall be deemed a separate offense.
