[HISTORY: Adopted by the Village Board of the Village of
Athens 11-22-2004 as Title 9,
Ch. 2, of the 2004 Code. Amendments noted where applicable.]
All persons now receiving sanitary sewer service from the Village
of Athens or who may hereafter make application therefor are deemed
to be bound by the rules and regulations of this article and such
state and federal statutes and administrative rules as are applicable.
Unless the context specifically indicates otherwise, the following
terms as used in this article shall have the meanings hereinafter
designated. "May" is permissible; "shall" is mandatory.
The board, commission or committee that manages the Wastewater
Department.[1]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C, expressed in terms of weight and volume (milligrams
per liter). Quantitative determination of BOD shall be made in accordance
with procedures set forth below in Standard Methods.
That part of the lowest 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 lateral sewer.
The water discharged from any use such as air conditioning,
cooling or refrigeration whose character undergoes no chemical change
during such use.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria and such additional pollutants as are now or may
be in the future specified and controlled in that WPDES permit issued
to the Village of Athens.
Liquid wastes:
Solid wastes from the handling, preparation, cooking, dispensing
or storage of food.
The residue from the preparation, cooking or dispensing of
food that has been shredded to such degree that all particles will
be carried freely in suspension under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2 inch
in any dimension.
Any property upon which there is erected a structure intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sanitary sewage and/or industrial
wastes are or may be discharged.
Any pollutant which is not a compatible pollutant as defined
in this section.
The liquid wastes resulting from the processes employed in
industrial, manufacturing, trade or business establishments, as distinct
from domestic wastes.
That part of the sewer system extending from a street sewer
to the curbline or, if there shall be no curbline, to the property
line or, if no such lateral shall be provided, then "lateral" shall
mean that portion of, or place in, a sewer which is provided for connection
of any building sewer.
A BOD content of not more than 300 milligrams per liter and
a suspended solids content of not more than 300 milligrams per liter
and an ammonia-nitrogen content of not more than 45 milligrams per
liter.
Activities required to assure the dependable and economical
functions of treatment works.
OPERATIONControl of the unit processes and equipment which make up the treatment works. This includes financial and personnel management, records, laboratory control, process control, safety and emergency operation planning.
MAINTENANCEPreservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance and replacement of equipment as needed.
A weight ratio as the parts per million value multiplied
by the factor of 8.345 shall be equivalent to pounds per million gallons
of water.
Any human, firm, company, partnership, corporation, association,
group or society and includes the State of Wisconsin and agencies,
districts, commissions and political subdivisions created by or pursuant
to state law.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution.
Application of physical, chemical or biological processes
to reduce the amount of pollutants in or alter the nature of the pollutant
properties in a wastewater prior to discharging such wastewater into
the publicly owned wastewater treatment system.
All applicable federal, state and local statutes, laws, ordinances,
rules and regulations. In cases of conflicting standards or regulations,
the more stringent thereof shall control.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation and
maintenance" includes replacement.
A combination of water-carried wastes from residences, business
buildings, institutions and industrial plants (other than industrial
wastes from such plants) together with such groundwater, surface water
or stormwater as may be present.
A sewer which carries wastewater and to which stormwater,
surface water and groundwater are not intentionally admitted.
Any industrial user of the wastewater treatment system whose
flow exceeds 10,000 gallons per day or 5% of the daily capacity of
the treatment system or contains greater than normal wastewater concentrations
or toxic pollutants.
Any discharge of sewage or industrial waste which in concentration
of any given constituent exceeds more than five times the average
twenty-four-hour concentration during normal operation.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater, published by the American Public Health Association,
the American Water Works Association and the Water Environment Federation.[2]
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The Wastewater/Water Operator in charge or his duly appointed
deputy, agent or representative.[3]
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, a high percentage
of which is removable by laboratory filtering. Measurements of quantities
of suspended solids shall be made in accordance with procedures set
forth in Standard Methods.
Water free from pollutants in excess of the quantities limited
or prohibited by the federal, state or local effluent standards in
effect, or water whose discharge will not cause any violation of federal,
state or local receiving water quality standards.
Any person who discharges or causes or permits the discharge
of wastewater into the wastewater treatment system.
A charge levied on users of a treatment works, or that portion
of the ad valorem taxes paid by a user, for the user's proportionate
share of the cost of operation and maintenance (including replacement)
of such works.
A classification of user based on the 1972 (or subsequent)
edition of the Standard Industrial Classification (SIC) Manual prepared
by the United States Office of Management and Budget.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is discharged into
or permitted to enter the system.
Any publicly owned devices, facilities, structures, equipment
or works used for the purpose of the transmission, storage, treatment,
recycling and reclamation of industrial and domestic wastewaters.
The program established by Ch. 283, Wis. Stats., for issuing,
conditioning and denying permits for the discharge of pollutants from
point sources into the waters of the state.
[Amended 3-24-2014[1]]
A.
It shall be unlawful to discharge to any natural outlet or stream
in any area under the jurisdiction of the Village any wastewater or
other polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this article, as well
as with applicable regulations of the United States Environmental
Protection Agency and the State of Wisconsin Department of Natural
Resources.
B.
The owners of all houses, buildings or properties intended or used
for human occupancy, employment, recreation or other purposes situated
within the Village and abutting on any street, alley, right-of-way
or easement in which there is now located or may in the immediate
future be located a public sanitary sewer of the Village are hereby
required at the owner's expense to install suitable toilet facilities
therein and to connect such facilities directly with the proper sanitary
sewer in accordance with the provisions of this article within 90
days after the date of official notice to do so. All sanitary sewage
and industrial wastes from any improved property, after connection
of such improved property with a sewer, shall be subject to such limitations
and restrictions as are established herein or otherwise shall be established
by the Village from time to time.
C.
Except as hereinafter provided, it shall be unlawful to construct
or maintain a privy, privy vault, septic tank, cesspool or other facility
intended or used for the disposal of wastewater from any property
served by a sanitary sewer in the Village.
D.
Where a public sanitary sewer is not available, the building sewer
shall be connected to a private sewage disposal system. Before commencement
of construction of a private sewage disposal system, the owner shall
first obtain a written permit from the Village. The application for
such permit shall be made on a form furnished by the Village Clerk
which the applicant shall supplement with any plans, specifications
and other information as are deemed necessary by the Village Board.
(1)
A permit
for a private sewage disposal system shall not become effective until
the installation is completed to the satisfaction of the Superintendent.
The Superintendent shall be allowed to inspect the work at any stage
of construction, and, in any event, the applicant for the permit shall
notify the Superintendent when the work is ready for final inspection
and before any underground portions are covered. The inspection shall
be made within 72 hours of the receipt of notice by the Superintendent.
(2)
The
type, capacities, location and layout of a private sewage disposal
system shall comply with all regulations and recommendations of the
Wisconsin Department of Safety and Professional Services. No permit
shall be issued for any private sewage disposal system employing subsurface
soil absorption facilities where the area of the lot is less than
12,000 square feet. No septic tank or cesspool shall be permitted
to discharge to any natural outlet.
(3)
The
owner shall operate and maintain the private sewage disposal facilities
in a sanitary manner at all times at no expense to the Village.
(4)
No
statement contained in this article shall be construed to interfere
with any additional requirements that may be imposed by the county
or state public health officials.
(5)
Private
sewage disposal systems shall be properly abandoned within 60 days
from the date of connection to the public sewer by cleaning and completely
filling septic tanks, privy vaults, cesspools or similar receptacles
with clean bank-run gravel or dirt.
E.
Cost of sewer connection. All costs and expenses incident to the
installation and connection of the building sewer, including street
repair and site restoration incident thereto, shall be borne by the
person making the connection. These costs and expenses are in addition
to the required connection fee.
F.
No sewer service shall be extended to any person or premises outside
of the municipal limits of the Village. Properties requesting sewer
service must be contiguous to the Village limits and must be annexed
and must abide by all existing ordinances for assessments and rates.
A.
No person shall connect any improved property with any part of the
wastewater treatment system without first making application for and
securing a permit, in writing, from the Village Clerk as provided
for herein. The permit application shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment
of the Superintendent.
B.
Application for permit.
(1)
A written application for a sewer connection permit shall be made
to the Village Clerk on official forms provided by the Village by
all property owners who are required to connect with the sewer systems
or who desire to connect their properties to the sewer system. The
application for a sewer connection must be completely filled out and
must include the following information:
(a)
A description of the property, including street address.
(b)
The location of the desired sewer connection.
(c)
The name of the property owner.
(d)
The size, location and usage of the structure for which the
sewer connection is requested.
(e)
Contractor's name and telephone number.
(f)
Building permit number.
(2)
An application for a sewer connection permit for disposal of industrial
waste shall include, in addition to the above, the following:
C.
Each application for a sewer connection permit shall be accompanied
by the proper fees unless theretofore paid. The fee for a sewer connection
permit shall be as prescribed in the Village Fee Schedule.[1]
D.
Applications will be entertained for a period of one year and only
for improved properties and for properties on which bona fide construction
has begun for a structure requiring sewer service.
E.
Upon receipt of a properly prepared application for connection to
the sewer system, together with the required fees and the other supplementary
material, the Village Clerk shall issue a sewer connection permit
to the owner of the property, or to his authorized representative.
Neither the owner nor any subsequent owner or tenant shall allow any
other property to be attached to or connected with the sewer lines
authorized under the original permit.[2]
F.
The Village Board may prohibit or limit new connection permits to
the existing sanitary sewer when the existing downstream sewers or
pumping stations experience flows in excess of design capacity.
A.
The provisions and regulations of Ch. 145, Wis. Stats., and Ch. SPS
382, Wis. Adm. Code, adopted by the Wisconsin Department of Safety
and Professional Services are hereby made a part of this article by
reference and shall extend over and govern the installation of all
building sewers installed, altered or repaired in the Village.
B.
The Superintendent or his duly appointed agent shall inspect the
building sewer. It shall be the duty of the plumber in charge to notify
the Superintendent whenever any work is ready for inspection. All
work shall be left exposed until such time as the Superintendent has
completed his examination and inspection. When, in the opinion of
the Superintendent, a test in addition to requisites of § SPS
382.21, Wis. Adm. Code, is necessary, he may require a water or air
test on any part of or the entire installation.
C.
The building sewer shall be connected to the lateral at the place
designated by the Superintendent. The connection of the building sewer
into the lateral shall conform to the Standard Specifications for
Sewer and Water Construction in Wisconsin, latest edition. A smooth,
neat joint shall be made and the connection of a building sewer to
the lateral shall be made secure and watertight through the use of
an approved manufactured adapter specifically designed for such installation.
D.
Each improved property shall be connected separately and independently.
Grouping of more than one improved property on one building sewer
shall not be permitted except under special circumstances and for
good sanitary reasons or other good cause shown and then only after
special permission of the Superintendent as may be prescribed by the
Village Board. However, a single service line shall be permitted to
serve a school, mobile home park, apartment house or other permanent
multiple-unit property whose individual units are not subject to separate
ownership.
E.
The size, slope, alignment and materials of construction of the building
sewer and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench shall all conform to
the requirements of the Standard Specifications for Sewer and Water
Construction in Wisconsin, latest edition. Whenever possible, the
building sewer shall be brought to the building at an elevation below
the basement floor. In all buildings in which any building drain is
too low to permit gravity flow to the public sewer, sanitary sewage
carried by such building drain shall be lifted by an approved means
and discharged to the building sewer.
F.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent,
to meet all requirements of this article.
G.
Any materials approved by the State Department of Safety and Professional
Services may be installed. However, the Superintendent may demand
use of specific approved material consistent with soil conditions.
All sewer piping shall be protected from injury, frost or settling
to the satisfaction of the Superintendent.
H.
Whenever necessary to disturb a drain or sewer in actual use, the
same shall not be obstructed or disturbed without special permission
of the Superintendent, and it shall be unlawful to make new connections
with or extension to an old drain without permission of the Superintendent.
I.
A permit shall be applied for and received before excavating in any
street, alley or other public way to repair, alter or install plumbing.
Before the permit may be issued for excavating for plumbing in any
public street, way or alley, the person applying for such permit shall
have executed unto the Village and deposited with the Village Clerk
a corporate surety to be approved by the Village Board in the sum
of $1,000 conditioned that he will perform faithfully all work with
due care and skill and in accordance with the laws, rules and regulations
of this article and the hereinbefore mentioned state codes. The bond
shall state that the person will indemnify and save harmless the Village
and the owner of the premises against all damages, costs, expenses,
outlays and claims of every nature and kind arising out of unskillfulness
or negligence on his part in connection with plumbing or excavating
for plumbing as prescribed in this article. Such bond shall remain
in force as to all penalties, claims and demands that may have occurred
thereunder prior to such expiration.
J.
No openings in streets, alleys or other public ways to install plumbing
will be permitted when the ground is frozen, except with special permission
of the Superintendent. In opening any street or other public way,
all materials for paving or ballasting shall be removed with the least
possible injury or loss and together with the excavated material from
the trenches shall be placed where the least practicable inconvenience
to the public will be caused and to allow the free passage of water
along the gutters.
K.
All openings made in the public streets or alleys in accordance with
permission given pursuant hereto shall be enclosed with sufficient
barriers and lamps (which shall be maintained at night), and all other
necessary precautions shall be taken to guard the public against accidents
from the beginning to the completion of the work. Sewers and drains
may be laid only on condition that the excavator or plumber is bonded
as hereinbefore mentioned for all damages that may result from his
neglect of necessary precaution against all accidents to persons or
property of others.
L.
In opening a trench on any street or lot, the sidewalk materials,
sand, gravel and earth or whatever material is removed or penetrated
must be replaced in precisely the same condition and relation to the
remainder as it was before. All rubbish must be removed at once, leaving
the street or sidewalk in perfect repair, and the street or sidewalk
must be so maintained for a period of one year thereafter. All gas,
water and electric lines or conduits must be protected from injury
or settling in a manner approved by the Superintendent.
M.
When any excavation is made in a permanently paved road or street
or in any road or street which is to be permanently paved, all clay
or hard pan must be removed and the excavation entirely backfilled
with sand or gravel thoroughly wetted and consolidated. Any tunnel
dug in such road or street shall be backfilled with concrete all in
a manner approved by the Superintendent.
A.
Sanitary sewers. No person shall cause to be discharged any stormwater,
surface drainage, subsurface drainage, groundwater, roof runoff, cooling
water or unpolluted water into any sanitary sewer.
B.
Prohibitions on wastewater discharges. No person shall discharge
or deposit into the wastewater treatment system any of the following:
(1)
Oils and grease. Any water or waste containing fats, wax, grease
or oils, whether emulsified or not, in excess of 100 milligrams per
liter or containing substances which may solidify or become viscous
at temperatures prevailing in the sewage system.
(2)
Explosive mixtures. Liquids, solids or gases which, by reason of
their nature or quantity, are, or may be, sufficient either alone
or by interaction with other substances to cause fire or explosion
or be injurious in any other way to the wastewater treatment facilities
or to the operation of the system. At no time shall two successive
readings on any explosion hazard meter, at the point of discharge
into the sewer system, be more than 5% nor any single reading over
10% of the lower explosive limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(3)
Noxious material. Noxious or malodorous solids, liquids or gases
which, either singularly or by interaction with other wastes, are
capable of creating a public nuisance or hazard to life or are or
may be sufficient to prevent entry by humans into a sewer for its
maintenance and repair.
(4)
Improperly shredded garbage. Garbage that has not been ground or
comminuted to such a degree that all particles will be carried freely
in suspension under flow conditions normally prevailing in the public
sewers, with no particle greater than 1/2 inch in any dimension.
(5)
Radioactive wastes. Radioactive wastes or isotopes of such half-life
or concentration that they do not comply with regulations or orders
issued by the appropriate authority having control over their use
and which will or may cause damage or hazards to the sewerage facilities
or personnel operating the system.
(6)
Solid or viscous wastes. Solid or viscous wastes which will or may
cause obstruction to the flow in a sewer or otherwise interfere with
the proper operation of the wastewater treatment system. Prohibited
materials include, but are not limited to, grease, uncomminuted garbage,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil and similar substances.
(7)
Excessive discharge rate. Wastewater at a flow rate or containing
such concentrations or quantities of pollutants that exceeds for any
time period longer than 15 minutes more than five times the average
twenty-four-hour concentration, quantities or flow during normal operation
and that would cause a treatment process upset and subsequent loss
of treatment efficiency.
(8)
Toxic substances. Any toxic substances in amounts exceeding standards
promulgated by the Administrator of the United States Environmental
Protection Agency pursuant to Section 307(a) of the Clean Water Act,
or exceeding standards as listed herein, and chemical elements or
compounds, phenols or other taste- or odor-producing substances, or
any other substances which are not susceptible to treatment or which
may interfere with the biological processes or efficiency of the treatment
system or that will pass through the system.
(9)
Unpolluted waters. Any unpolluted water, including but not limited
to water from cooling systems or of stormwater origin, which will
increase the hydraulic load on the treatment system.
(10)
Discolored material. Wastes with objectionable color not removable
by the treatment system.
(11)
Corrosive wastes. Any waste which will cause corrosion or deterioration
of the treatment system. All wastes discharged to the public sewer
system must have a pH value in the range of six to nine standard units.
Prohibited materials include, but are not limited to, acids, sulfides,
concentrated chloride and fluoride compounds and substances which
will react with water to form acidic products.
C.
Limitations on wastewater discharges. No person shall discharge or
convey or permit or allow to be discharged or conveyed to a public
sewer any wastewater containing pollutants of such character or quantity
that will:
(1)
Not be susceptible to treatment or interfere with the process or
efficiency of the treatment system.
(2)
Have concentrations greater than normal wastewater concentrations,
as defined, when averaged proportional to flow during the discharge
period of 24 hours or less.
(3)
Constitute a hazard to human or animal life or to the stream or watercourse
receiving the treatment plant effluent.
(4)
Violate pretreatment standards.
(5)
Cause a violation of the discharge permit held by the Village or
applicable receiving water standards.
(6)
Exceed the following maximum concentrations of pollutants in wastewater
discharges to the system:
|
Pollutant
|
Maximum Permissible Concentration
(milligrams per liter)
| |
|---|---|---|
|
Aldrin
|
0.001
| |
|
Arsenic
|
0.05
| |
|
Barium
|
1.0
| |
|
Beryllium
|
0.1
| |
|
Boron
|
1.0
| |
|
Cadmium
|
0.2
| |
|
Chloride
|
250.0
| |
|
Chlorine
|
1.0
| |
|
Chromium
|
2.0
| |
|
Cobalt
|
2.0
| |
|
Copper
|
0.5
| |
|
Cyanide
|
0.025
| |
|
Dieldrin
|
0.0005
| |
|
Fluoride
|
2.0
| |
|
Heptachlor
|
0.0005
| |
|
Hexavalent chromium
|
0.1
| |
|
Iron
|
5.0
| |
|
Lead
|
0.1
| |
|
Manganese
|
5.0
| |
|
Mercury
|
0.002
| |
|
Nickel
|
0.2
| |
|
Phenols
|
0.2
| |
|
Polychlorinated biphenyls
|
0.005
| |
|
Selenium
|
0.05
| |
|
Silver
|
0.1
| |
|
Sulfate
|
250.0
| |
|
Sulfide
|
1.0
| |
|
Sulfite
|
2.0
| |
|
Thallium
|
0.05
| |
|
Zinc
|
0.01
|
D.
Special agreements. The Village Board may issue a written permit
allowing discharges of higher strengths or other unusual characteristics
into the system, and the discharger shall pay any additional fees
as determined by the Village Board.
A.
Regulatory action. If wastewaters containing any substances described in § 367-6 are discharged or proposed to be discharged into any system subject to this article, the Superintendent shall issue an order to provide for one or more of the following:
(1)
Prohibit the discharge of such wastewater.
(2)
Require a user to demonstrate that in-plant modifications will reduce
or eliminate the discharge of such substances in conformity with this
article.
(3)
Require pretreatment, including storage facilities, or flow equalization
necessary to reduce or eliminate the objectionable characteristics
or substances so that the discharge will not violate these rules and
regulations.
(4)
Require the person making, causing or allowing the discharge to pay
any additional cost or expense incurred by the system or sanitary
district for handling and treating excess loads imposed on the treatment
plant.
(5)
Take such other remedial action as the Superintendent deems necessary
to achieve the purposes of this article.
B.
Submission of plans. Where pretreatment or equalization of wastewater
flows prior to discharge into any part of the system is required,
plans, specifications and other pertinent data or information relating
to such pretreatment or flow-control facilities shall first be submitted
to the Superintendent for review and approval. Such approval shall
not exempt the discharge or such facilities from compliance with any
applicable code, ordinance, rule, regulation or order of any governmental
authority. Any subsequent alterations or additions to such pretreatment
or flow-control facilities shall not be made without due notice and
prior approval of the Superintendent.
C.
Pretreatment facility operations. If pretreatment or control of waste
flows is required, such facilities shall be maintained in good working
order and operated as efficiently as possible at the cost and expense
of the user, subject to the requirements of these rules and regulations
and all other applicable codes, ordinances and laws.
D.
Grease, oil and sand interceptors. Grease, oil and sand interceptors
shall be provided as required by Ch. SPS 382, Wis. Adm. Code, 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.
E.
Admission to property.
(1)
The Superintendent or his representative shall be permitted to enter
all properties for the purposes of inspection, observation, measurement,
sampling and testing, in accordance with the provisions of this article.
The aforesaid inspectors shall not inquire into any industrial processes,
including metallurgical, chemical, oil refining, ceramic, paper or
other processes, except as they affect the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
(2)
While performing the necessary work on private properties referred to in Subsection E(1) above, the Superintendent shall observe all safety rules applicable to the premises established by the user, not inconsistent with the inspection process.
(3)
Specific easements for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the sewage works lying within said easement may be required.
All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
F.
Protection from accidental discharge. Each industrial user shall
provide protection from accidental discharge of prohibited materials
or other wastes regulated by this article. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at said user's cost or expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the Superintendent for review and approval before construction
of the facility. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
such facility as necessary to meet the requirements of this article.
G.
Reporting of accidental discharge. If, for any reason, a facility
does not comply with or will be unable to comply with any prohibition
or limitations in this article, the facility responsible for such
discharge shall immediately, by the fastest and most effective means
possible, at any hour of the day or night, notify the Superintendent
so that corrective action to protect the system may be taken. In addition,
a written report addressed to the Superintendent, detailing the date,
time and cause of the accidental discharge and corrective action taken
to prevent future discharges, shall be filed by the responsible industrial
facility within five days of the occurrence of the noncomplying discharge.
A.
Monitoring.
(1)
All industrial wastes discharged into the system shall be subject
to periodic inspection and a determination of volume, character and
concentration by the Superintendent or his representative as often
as deemed necessary. The volume of flow shall be determined from the
metered water consumption of the industry or from a wastewater metering
survey. Sampling may consist of either instantaneous grab samples
or composite samples of wastewater. The costs of such testing and
flow determination shall be charged to the industrial waste discharger.
(2)
The industrial user discharging industrial wastes into the system
shall install and pay for a suitable control manhole or access facilities
to facilitate the accurate observation, sampling and measurement of
wastes. Such equipment shall be maintained in proper working order
and kept safe and accessible at all times.
(3)
The control manhole or access facilities shall be located and maintained
on the industrial user's premises outside of the building. When
such a location would be impractical or cause undue hardship on the
user, the Superintendent may allow such access to be constructed in
the public street or sidewalk area, with the approval of the local
governing body, and located so that it will not be obstructed by public
utilities, landscaping or parked vehicles.
(4)
When more than one local user can discharge into a common lateral,
the Superintendent may require installation of separate control manholes
or access facilities for each user. When there is a significant difference
in wastewater constituents and characteristics produced by different
operations of a single user, the Superintendent may require that separate
control manholes or access facilities be installed for each separate
discharge.
(5)
Whether constructed on public or private property, the control manhole
or access facilities shall be constructed in accordance with the Superintendent's
requirements and all applicable standards and specifications. A location
plan and construction details of the control manhole or access facilities
shall be submitted to the Superintendent for review and approval prior
to construction.
(6)
Devices for measuring the volume of waste discharged may be required
by the Superintendent, if this volume cannot otherwise be determined
from metered water consumption records. Metering devices for determining
the volume of waste shall be installed, owned and maintained by the
user. Following approval and installation, such meters may not be
removed without the consent of the ordering Superintendent.
B.
Discharge reports.
(1)
Every significant industrial user shall file a periodic discharge
report (the NR 101 Report is acceptable in lieu of that report required
herein) at such intervals as are designated by the Superintendent.
The Superintendent may require any other industrial users discharging
or proposing to discharge into the treatment system to file such periodic
reports.
(2)
The discharge report shall include but, in the discretion of the
Superintendent, shall not be limited to nature of process, volume,
rates of flow, mass emission rate, production quantities, hours of
operation, concentrations of controlled pollutants or other information
which relates to the generation of waste. Such reports may also include
the chemical constituents and quantity of liquid materials stored
on site even though they are not normally discharged. In addition
to discharge reports, the Superintendent may require information in
the form of self-monitoring reports.
(3)
Such records shall be made available upon request by the Superintendent.
A summary of such data indicating the industrial user's compliance
with this article shall be prepared quarterly and submitted to the
Superintendent.
C.
Inspection, sampling and analysis.
(1)
Compliance determination. Compliance determinations with respect
to prohibitions and limitations may be made on the basis of either
instantaneous grab samples or composite samples of wastewater. Composite
samples may be taken over a twenty-four-hour period or over a longer
or shorter time span as determined by the Superintendent.
(2)
Analysis of industrial wastewaters. Laboratory analysis of industrial
wastewater samples shall be performed in accordance with the current
edition of Standard Methods, Methods for Chemical Analysis of Water
and Waste published by the United States Environmental Protection
Agency or the Annual Book of Standards, Part 23, Water, Atmospheric
Analysis, published by the American Society for Testing and Materials.
Analysis of those pollutants not covered by these publications shall
be performed in accordance with procedures established by the State
of Wisconsin.
A.
Notification of violation. Whenever the Superintendent finds that
any person has or is violating this article or any prohibition, limitation
or requirement contained herein, an order shall be served upon such
violator stating the nature of the violation and providing a reasonable
time, not to exceed 30 days, for the satisfactory correction thereof.
B.
Show cause hearing.
(1)
If the violation is not corrected by timely compliance, the Superintendent
may order any alleged violator to show cause before the local approving
authority why sewer service should not be terminated. A notice shall
be served on the alleged violator specifying the charges and the time
and place of the hearing thereon. The notice shall be served personally
or by certified mail, return receipt requested, at least eight days
before the hearing. Service may be made on any agent or officer of
a corporation.
(2)
The Village Board may itself conduct the hearing and take the evidence
or may designate some person, excluding a member, to be the hearing
examiner to:
(3)
At any public hearing, testimony taken before the Village Board or
hearing examiner shall be under oath and recorded stenographically
or electronically. The transcript shall be made available to any person
upon payment of the charges therefor.
(4)
After the Village Board has reviewed the evidence, it may issue an
order to the violator directing that, following a specified time period,
the sewer service be discontinued unless adequate treatment facilities,
devices or other related appurtenances shall have been installed or
existing treatment facilities, devices or other related appurtenances
are properly operated and such further orders and directives as are
necessary and appropriate.
C.
Enforcement. Any discharge in violation of this article shall be
considered a public nuisance. The Village Board shall bring an action
for appropriate legal and/or equitable relief to abate the nuisance
and enforce this article.
A.
Any person who is found to have violated any order or provision of this article and the orders, rules and regulations issued hereunder shall be subject to a forfeiture under Chapter 1, Article I, of this Code. Each day of violation shall be deemed a separate offense and subject to a separate forfeiture.
B.
Any person found to be responsible for a deleterious discharge into
the system which causes damage to the system, receiving body of water
and/or downstream waters shall pay the cost of such damages to the
Village and each affected authority.
C.
In addition to the penalties provided herein, the Village may recover
reasonable attorney fees, court costs, court reporter fees and other
expenses of litigation by appropriate suit at law against the person
found to have violated this article or the orders, rules and regulations
issued hereunder.
A.
All persons now receiving sanitary sewer service from the Village
of Athens or who may hereafter make application therefor are deemed
to be bound by this article, which shall be known as, referred to
or cited as the "Sewer User Charge System for the Village of Athens,
State of Wisconsin," and hereinafter referred to as "this article."
B.
The Village Board hereby finds that the requirements for the issuance
of federal grants and the acceptance of such grants by the Village
under Title II of the Federal Water Pollution Control Act, Amendments
of 1972, as amended (Public Law 92-500, as amended), and the regulations
of the United States Environmental Protection Agency as promulgated
in the September 27, 1978, Federal Register, Volume 43, Number 188,
Part III, for the construction of wastewater treatment facilities
to improve the quality of effluent discharges from the Village establish
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 wastewater treatment facilities.
C.
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 statutes of the State of Wisconsin.
A.
User charge assessment. A user charge shall be assessed to all users
by the Village of Athens in accordance with the provisions of this
article.
B.
Ad valorem taxes. The Village Board may, under applicable statutes
of the State of Wisconsin and local Village ordinances, levy ad valorem
taxes for general obligation bond principal and interest payments
and any other purpose provided by law not related to the operation,
maintenance and replacement of the wastewater treatment facilities.
All remaining principal and interest payments not collected from ad
valorem taxes shall be recovered through user charges.
C.
User charge system.
(1)
Budget. The Village Clerk shall annually prepare an estimate of anticipated
costs for the forthcoming fiscal year. The estimates shall be proposed
to the Village Board for approval by November 1 of each year.
(2)
Operation and maintenance charges. Operation and maintenance costs
shall be recovered through user charges. The costs shall be distributed
in accordance with wastewater volume discharged to the facilities.
(3)
Replacement charge. The replacement charge shall be sufficient to
replace any equipment in the wastewater treatment facilities owned
by the Village, as required, in order to assume the continued peak
performance of the equipment and to maintain the capacity for which
the facilities were designed and constructed. The service life for
each piece of equipment shall be established by the Superintendent,
in cooperation with the Village's consulting engineer and auditor,
in accordance with federal guidelines and accepted accounting procedures.
Each piece of equipment shall be evaluated annually to determine if
its useful life has been extended as a result of preventative maintenance
programs or repairs. The replacement costs shall be recovered through
user charges and shall be distributed in accordance with wastewater
volume discharged to the facilities.
(4)
Administrative charges. A unit administrative charge per bill to
cover the cost of the billing and collection shall be assessed against
each user. The total administrative and overhead costs associated
with billing and collection shall be determined by the Village Clerk.
To determine the charge to be assessed against each user, the Village
Clerk will divide the total administrative and overhead costs by the
forthcoming year's estimated total number of bills to be issued.
(5)
Debt retirement charges. All debt retirement costs for general obligation
bond principal and interest payments not recovered from ad valorem
taxes shall be recovered through user charges. The cost shall be distributed
on the basis of water meter size utilizing user charge factors as
follows:
|
Meter Size
(inches)
|
Factor
| |
|---|---|---|
|
3/4
|
1
| |
|
1
|
2.5
| |
|
1 1/2
|
4
| |
|
2
|
6
| |
|
3
|
10
| |
|
4
|
16
| |
|
6
|
30
|
D.
Revenue. Revenues shall be collected through user charges from each
user and shall consist of a minimum quarterly billing, including the
debt retirement charges and administrative charges, and a unit price
per volume of water utilized, including the operation and maintenance
charges and the replacement charges. The Village must generate sufficient
revenue to pay total operation and maintenance costs.
E.
Metering. Water meter readings shall be used to determine the actual
volume for sewer use.
F.
Unmetered billings. Sewer users with an unmetered water supply and
users with no history of billable flow shall have their billable flow
estimated by averaging the billable flow of other users in the same
class. The flow for residential users shall be not less than 12,000
gallons per quarter. The minimum quarterly billing shall be based
on a meter sized in accordance with connected fixture units per Ch.
SPS 382, Wis. Adm. Code. The determination for meter size and estimated
flow shall be made by the Superintendent with concurrence by the Village
Board.
G.
User charge methodology. The methodology of determining the user
charges shall be as adopted by the Village. The Village will maintain
the proportionate distribution of operation, maintenance and replacement
costs among users and user classes.
H.
Review of charges. The user charges and this article shall be reviewed
not less than biennially. Such review shall be performed by the Village
Clerk and Board and the certified public accountant. User charges
shall be adjusted, as required, to reflect actual volumes of billable
flow and actual costs. The budget costs as approved by the Village
Board shall be the basis for establishing new rates for the forthcoming
year. Any excess revenues collected from a user class in the previous
year will be applied to operation and maintenance costs attributable
to that class for the next year.
I.
Notice of revenue proportionment. The Village shall annually notify
all users of the portion of the user charges which are necessary for
debt retirement and operation, maintenance and replacement.
A.
A bill shall be produced and submitted to each user once every month
on a billing cycle established by the Village Clerk.
B.
Bills shall become due and payable on the first of the month following
the period for which service is rendered. A late payment charge of
1% will be added to bills not paid within 20 days of issuance.
C.
The user may be given a written notice that the bill is overdue no
sooner than 20 days after the bill is issued, and, unless payment
or satisfactory arrangements for payment are made within the next
10 days, the water service may be disconnected pursuant to Ch. PSC
185, Wis. Adm. Code.
D.
The owner of any premises in which sewer service is provided shall
be charged for all sewer use thereon and shall be liable for the payment
thereof, regardless of who may occupy such premises or use such sewer.
Upon request, sewer use bills may be made out in the name of a tenant,
but in such case the owner of the premises is not relieved of any
liability for the payment of such sewer use bills. All delinquent
sewer use bills will be placed on the tax roll at the year end. A
ten-percent penalty charge will be added to all sewer use bills placed
on the tax roll.
A.
Moneys. All user charge moneys and ad valorem tax receipts shall
be placed in the general fund throughout the year. At the end of each
year, the moneys collected as replacement charges shall be placed
in an accrued replacement reserve account.
B.
Expenditures. Expenditures shall be made from the user charge moneys
by the Village Clerk in accordance with the detailed annual budget
and ordinances authorized by the Village Board.
C.
Replacement reserve expenditures. Expenditures from the accrued replacement
reserve on facilities shall be for making renewals to accommodate
wear of physical elements and/or moveable property that would result
in an extended useful life or meet the anticipated useful life.
D.
Renewals. Renewals to accommodate wear of physical elements and/or
moveable property shall be capital expenditures that cause the annual
estimate for accrued reserves from depreciation and replacement to
be evaluated in terms of extended useful life as a result of preventative
maintenance programs or of such renewals. The expenditures to overcome
physical and/or functional obsolescence shall be capitalized against
the element of the facility and charged to the fixed assets groups
of accounts as an improvement to such element. Future estimates of
accrued reserve requirements shall be evaluated and reflected in the
replacement reserve requirements.
E.
Audit. An audit shall be performed annually by a certified public
accountant selected by the Village Board.
A.
This article has been developed based on the fact that all present
sewer users discharge wastewaters of domestic nature only. The wastewater
treatment facilities have been designed to accept wastewaters during
dry weather flow conditions with organic load concentrations at the
facilities as follows:
B.
This article shall be revised if an industrial user is authorized to discharge to the facilities or any user is found to be discharging wastewaters containing concentrations of BOD, TSS and ammonia-nitrogen greater than those concentrations given in Subsection A above, or any other materials which are compatible with the treatment facilities but which increase operation and maintenance costs.
