City of Monroe, WI
Green County
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Table of Contents
Table of Contents

§ 8-5-1 Definitions.

[1-5-1999; 2016 Code]
In this chapter:
APPROVING AUTHORITY
Means the board of public works or its authorized representatives.
ASTM
Means the American society of testing materials.
BOD (denoting biochemical oxygen demand)
Means the quantity of oxygen used in the biochemical oxidation of organic material in five days at 20 degrees Celsius, expressed as milligrams per liter, (mg/l). Quantitative determination of BOD shall be made under procedures set forth in the latest edition of standard methods.
BUILDING DRAIN
Means that part of the lowest horizontal piping of a draining 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.
BUILDING SEWER
Means a sanitary sewer which begins immediately outside the foundation wall of any building or structure being served, and ends at its connection to the public sewer.
CATEGORY A
Means those sanitary sewer users who discharge normal domestic strength wastewater into the public sewers with concentrations of BOD no greater than 200 mg/l, and suspended solids no greater than 250 mg/l.
CATEGORY B
Means those sanitary sewer users who discharge normal domestic strength wastewater into the public sewers with concentrations of BOD no greater than 200 mg/l and suspended solids no greater than 250 mg/l from residential locations with three or more dwelling units and from nonresidential locations or operations.
CATEGORY C
Means those sanitary sewer users who discharge wastewater into the public sewers and those licensed septage disposers who discharge wastewaters into the public sewers or at the wastewater treatment plant with concentrations exceeding 200 mg/l of BOD and 250 mg/l of suspended solids.
CHLORINE REQUIREMENT
Means the amount of chlorine, in mg/l which must be added to sewage to produce a residual chlorine as specified in the Wisconsin pollutant discharge elimination system (WPDES) permit.
COD (denoting chemical oxygen demand)
Means the measure of oxygen equivalent of that portion of the organic material in a sample that is susceptible to oxidation by a strong chemical oxidant.
COMBINED SEWERS
Means are combined sanitary and storm sewers.
COMPATIBLE BOD
Means suspended solids, phosphorus, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the city's WPDES permit for its wastewater treatment facility; if such facility is designed to treat such additional pollutants, and, in fact, does remove such pollutants, to a substantial degree.
DEDUCT METER
Means a water meter whose consumption reading is subtracted from the account's primary consumption during a billing period in order to allow a credit for sewer charges.
DIRECTOR
Means the city's director of public works or his or her authorized representative.
EASEMENT
Means an acquired legal right for a specified use of land owned by others.
FLOATABLE OIL
Means oil, fat, or grease in a physical state, such that it will separate by gravity from wastewater. A wastewater or septage shall be considered free of floatable oil if it is properly pretreated and wastewater does not interfere with the collection system.
GARBAGE
Means the residue from the preparation, cooking, dispensing, handling, storage and sale of food products and produce.
GROUND GARBAGE
Means the residue from the preparation, cooking, dispensing, handling, storage, and sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in dimension.
INCOMPATIBLE POLLUTANTS
Means wastewater or septage with pollutants that will adversely affect the wastewater collection and treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater collection and treatment facilities.
LICENSED DISPOSER
Means a person holding a license under section 281.48(3) of the Wisconsin statutes.
NATURAL OUTLET
Means any outlet, including storm sewer outlets, into a watercourse, pond, ditch, lake, or other body of surface water or ground waters.
OPERATION AND MAINTENANCE COSTS
Includes all costs associated with the operation and maintenance of the wastewater collection and treatment facilities, including administration and replacement costs, all as determined from time to time by the city.
pH
Means the logarithm of the reciprocal of the hydrogen-ion activity in moles per liter.
PPM (denoting parts per million)
Means a weight to weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
PRETREATMENT
Means the reduction of the amount of pollutants, elimination of pollutants, or the alteration of the nature of pollutant property in wastewater to a less harmful state in addition to or in lieu of discharging or otherwise introducing such pollutants into a public owned treatment works. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means except as prohibited by 40 CFR, part 403.6(d), and acts supplementary and amendatory thereto.
PUBLIC SEWER
Means any publicly owned sewer, storm drain, or sanitary sewer whether within or outside the corporate boundaries of the city that serves one or more persons and ultimately discharges into the city sanitary sewer system, even though the sewer may not have been constructed with funding from the city.
RECEIVING STREAM
Means that body of water, stream, or watercourse receiving the discharge waters from the wastewater treatment plant.
REPLACEMENT COSTS
Means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance cost includes replacement costs.
SANITARY SEWAGE
Means a combination of liquid and water carried wastes discharged from toilets or sanitary plumbing facilities and such ground, surface, and storm water runoff as may be present.
SANITARY SEWER
Means a sewer that carries sewage or wastewater, liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions, and small quantities of ground, storm, and surface waters that are not admitted intentionally.
SEPTAGE
Means scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank, vault toilet or privy. This does not include the waste from a grease trap.
SEWAGE
Means the spent water of a person or community. The preferred term is "wastewater."
SEWER SERVICE CHARGE
Means a charge levied on users of the wastewater collection and treatment facilities for payment of operation and maintenance expenses, debt service costs, and other expenses or obligations of said facilities.
SLUG
Means any discharge of water or wastewater which in concentration of any given constituent, or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than three times the average 24 hour concentration of flows during normal operation, or adversely affects the wastewater collection system or performance of the wastewater treatment facility.
STANDARD METHODS
Means the examination and analytical procedures set forth in the most recent edition of "standard methods for the examination of water and wastewater," published jointly by the American public health association, the American water works association, and the water environment federation.
STORM SEWERS OR DRAIN
Means a drain, ditch or sewer which is used for the disposal and conveying of rain water, ground water, subsurface water or unpolluted water from any source.
STORM WATER RUNOFF
Means that portion of the rainfall that is normally intended to be drained into the storm sewers.
SUSPENDED SOLIDS
Means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, septage or other liquids, and that is removable by laboratory filtering as prescribed in "standard methods for the examination of water and wastewater," and referred to as nonfilterable residue.
UNPOLLUTED WATER
Means water of quality equal to or better than the effluent of the wastewater treatment facilities or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities.
WASTEWATER
Means the spent water of a community or person. From the standpoint of source, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions, and any ground water, surface water, and storm water that may be present.
WASTEWATER COLLECTION FACILITIES (or WASTEWATER COLLECTION SYSTEM)
Means the structures and equipment required to collect and carry wastewater.
WASTEWATER TREATMENT FACILITY (or WASTEWATER TREATMENT PLANT)
Means an arrangement of devices and structures for treating wastewater and sludge and disposing of the effluent.
WATERCOURSE
Means a natural or artificial channel for the passage of water, either continuously or intermittently.
WDNR
Means the Wisconsin department of natural resources.
WEF
Means the water environment federation.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (WPDES)
Means a document issued by the WDNR which establishes effluent limitations and monitoring requirements for the Municipal wastewater treatment facility. WPDES permit no. WI-0020362 and any amendments, modifications or subsequent changes thereof pertaining to the city's wastewater treatment facility.

§ 8-5-2 Sewer classifications.

[1-5-1999; 2016 Code]
The sewerage system of the city shall be divided into two classes of sewers, namely:
(A) 
Sanitary sewers. Sanitary sewers are those sewers which are designed and used for the disposal of all waste products discharged from plumbing fixtures located in buildings and structures along the line of such sewer; the term "plumbing fixtures," shall not include downspouts or any other fixture discharging rain water or refrigerating plant cooling water. All of the territory comprised within the corporate limits of the city shall be held to constitute one sanitary sewerage district to be known as sanitary district number one. The system of sanitary sewers shall, for the purposes of this chapter be considered as consisting of the following separate parts:
(1) 
Sewer main. A sewer main being the principal artery extending along the public street, alley or other public way or city held easement into which the laterals may feed.
(2) 
Sewer service laterals. A sewer service lateral being that part of the sewer lying between the street or curb line and the sewer main.
(3) 
House sewer (or drain). A house sewer (or drain) being that part of the sewer laid from the property to be served to the sewer service lateral.
(B) 
Storm sewers. Storm sewers, drains, or ditches are those sewers designed and used for the disposal and conveying of rain water, ground water, subsurface water or unpolluted water from any source. Combined sanitary and storm sewers are prohibited.

§ 8-5-3 Compliance with state laws.

[10-16-1990; 1-5-1999; 2016 Code]
Regulations governing plans, specifications, construction and costs regarding sanitary sewers, and provisions relating to special assessments for the same shall be as set forth in the Wisconsin statutes, and said rules and regulations are incorporated herein by reference.

§ 8-5-4 Records kept.

[10-16-1990; 1-5-1999; 2016 Code]
The city clerk or director of public works shall keep a complete record of the installation of all sewers, whether the same be sanitary sewers or storm sewers and also of all connections between sewer mains and service laterals and all provisions made for such connections and generally of all materials pertaining to the sewerage system of the city.

§ 8-5-5 Sewer construction and connection requirements.

[10-16-1990; 4-15-1997; 1-5-1999; 2016 Code]
(A) 
Construction. All sanitary sewers and house laterals shall be constructed under the latest edition of "standard specifications for sewer and water construction in Wisconsin," and any other specifications adopted by the approving authority, or as may be required by any other local, state or federal agencies.
(B) 
Cost of connection. No person or any agent or employee thereof shall connect or cause to be connected any building or buildings with any sanitary sewer within the city without first securing a permit from the board of public works. The fee for such permit shall be set by resolution of the council. No fee shall be charged for issuance of a permit where the property connected to said sewer has been assessed for the cost of said sewer. No plumbing contractor shall cause such connection to be made until such permit is issued.
(C) 
Laterals. The laying of all sewer service laterals from the sewer main to the property line shall only be performed by a licensed plumber or by the city. The entire expense thereof and any future expenses incurred to maintain or repair a sewer service lateral shall be paid for by the owner of the lot or parcel benefited thereby. No house sewer shall be laid or sewer main tapped unless an application therefor has been made to the city and filed with and approved by the plumbing inspector. Such applications must in all cases be accompanied by a fee set by resolution of the council, which shall be paid into the city treasurer.
(D) 
Connections with main sewer. All connections with a sewer main shall be made at a "Y" or "T" joint when possible. In the event no "Y" or "T" joint can be located, connection to the sewer main shall be made in such manner as is satisfactory to the plumbing inspector. No connection to the sewer shall be approved by the plumbing inspector where any part of the lateral shall extend into the sewer main.
(E) 
Laying of laterals. At the time of the laying of sewer mains, sewer service laterals shall be constructed and laid from the sewer main to the curb line of all adjoining parcels and lots abutting on that part of the street wherein said sewer main is laid and the cost of the construction of said sewer service lateral shall be charged to the owners of the abutting parcels and lots. Provided, that if the street in which said sewer main is placed is not to be permanently improved, then such laterals shall be constructed to those parcels and lots abutting on said sewer which are improved. All sanitary sewer laterals shall have G-425 rubber gasket joints, except where deviation is permitted by written authorization of the director of public works.
(F) 
Buildings to have individual connections. Unless by prior approval of the city, every building shall have its separate connection with the sewer main and no two or more buildings shall be connected with the sewer main through one pipe.
(G) 
Work authorized. No person shall uncover, make any connections with or openings into, use, alter, or disturb the public sewers or appurtenances thereof without first obtaining a written permit from the approving authority.
(H) 
Cost of sewer connection. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the person making the connection.
(I) 
Use of old building sewers. Old building sewers may be used with new buildings only when they are found on examination and test by the approving authority, to meet all requirements for this chapter.
(J) 
Materials and methods of construction. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the city's building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF manual of practice no. 9 shall apply.
(K) 
Building and sewer grade. 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.
(L) 
Storm and ground water drains. No persons shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer. All downspouts or ground water drains, etc., connected directly or indirectly to a sanitary sewer must be disconnected within 30 days of the date of an official written notice from the approving authority.
(M) 
Conformance to plumbing codes. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing codes, or other applicable rules and regulations of the city or the procedures set forth in appropriate specifications of the American society of testing materials and water pollution control federal manual of practice no. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.
(N) 
Inspection of connection. The person making a connection to a public sewer shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the approving authority.
(O) 
Barricades; restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the approving authority.
(P) 
Outside connections restricted. No property shall be served by the public sewer unless such property is located within the corporate boundaries of the city, or a contract for service is approved by the council and executed with the city.

§ 8-5-6 Use of the public sewers.

[10-16-1990; 12-17-1991; 1-5-1999; 2016 Code]
(A) 
Sanitary sewers. No person shall discharge or cause to be discharged any unpolluted waters such as storm water, ground water, roof runoff, subsurface drainage, or noncontact cooling water to any sanitary sewer.
(B) 
Storm sewers. Storm water and all other unpolluted water shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority or other regulatory agencies, to a storm sewer, or natural outlet.
(C) 
Prohibitions and limitations. Except as provided in this chapter, 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, that could injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment facility.
(3) 
Any waters or wastes having a pH lower than 5.5, or exceeding 9.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater collection and treatment facility.
(4) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater collection and treatment facilities, 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 or fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(5) 
The following described substances, materials, waters, or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process, or equipment; will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limbs, public property, or constitute a nuisance. The approving authority may set limitations more stringent than those established in this chapter as such more stringent limitations are necessary to meet the objectives of this chapter. The approving authority will consider the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sanitary sewers, the wastewater treatment facility and other pertinent factors. No person shall discharge any of the following waste materials into any city sewer:
A) 
Any liquid or vapor having a temperature higher than 140 degrees Fahrenheit or 60 degrees Celsius.
B) 
Any wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils, or products of mineral origin; wastewater containing more than 100 mg/l of nonpetroleum based oils such as animal or vegetable oil or fats. The method for determining grease and oil content shall be as stated in the current edition of standard methods.
C) 
Any unground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for consumption on the premises or when served by caterers.
D) 
Any waters or wastes containing the toxic and nonconventional pollutants specified in the United States environmental protection agency's list of priority pollutants to such degree that the concentration exceeds levels specified by federal, state, and local authorities.
E) 
Any water or wastes containing odor producing substances exceeding limits which may be established by the approving authority or limits established by any federal or state statute, rule, or regulations.
F) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state or federal regulations.
G) 
Any waters or wastes containing substances which are not amenable to treatment by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
H) 
Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release objectionable gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
I) 
Materials which exert or cause:
1) 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.
2) 
Unusual volume of flow or concentration of wastes constituting "slugs."
3) 
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 sulfate).
4) 
Excessive discoloration (such as, but not limited to, dye, wastes and vegetable tanning solutions).
J) 
Incompatible pollutants exceeding the allowed limits as determined by city, state, and federal laws and regulations in reference to pretreatment standards developed by the environmental protection agency, and as contained in 40 CFR 403, as amended from time to time.
(6) 
Septage disposal. No person or licensed disposer shall dispose of septage into any public sewer or at the wastewater treatment plant without written authorization of the approving authority.

§ 8-5-7 Use of the public storm sewers.

[1-5-1999; 2016 Code]
(A) 
Prohibited uses. No person shall discharge, dump, spill or deposit into, or cause to be discharged, dumped, spilled or deposited into or allow any of the materials set forth in this section to enter any public storm sewer.
(1) 
Any whole milk, cream, skim milk, buttermilk, whey, and all other wastes or by-products from the handling or processing of milk or any by-product thereof;
(2) 
Any oil, fats or waxes;
(3) 
Any petroleum products or dry cleaning fluids;
(4) 
Any garbage, grease, or rags;
(5) 
Any cement, liquid or solid concrete, gravel, sand, salt, ashes or cinders, except that sand, salt, ashes or cinders may be used for the abatement of ice and snow accumulations and for public safety;
(6) 
Any fertilizer, ammonias, herbicides, pesticides, agricultural limes, or liquid or solid manure.
(7) 
Any materials having a stabilized pH lower than 6.0 or higher than 8.0, or having any other corrosive property capable of causing damage or causing damage or hazards to structures, equipment or persons;
(8) 
Any liquids or vapors having a temperature greater than the maximum prescribed by section N.R. 102.02(3) of the Wisconsin administrative code, and acts supplementary and amendatory thereto;
(9) 
Any material having a biochemical oxygen demand (BOD) exceeding 10 mg/l, or suspended solids exceeding 10 mg/l, unless specific prior approval is granted in writing by the approving authority under subsection (B) of this section.
(10) 
Any other materials, not limited to those set forth in this section, the presence of which will be detrimental, harmful or may cause harm to the storm sewer or its receiving waters or streams, or obstruct the operation of the storm sewer.
(B) 
Permits. Any person may discharge or deposit into the public storm sewer system the materials prohibited in subsection (A) of this section, if such person:
(1) 
Obtains prior written approval from the approving authority and complies with all that body's requirements.
(2) 
Obtains prior written approval from the state when required by that body and complies with all their requirements.
(3) 
In the event either subsection (B)(1) or (B)(2) of this subsection requires a sampling manhole, weir, flow recorder or other device, all related costs will be borne by the person desiring usage at the storm sewer.
(C) 
Damages; repairs. Any damages which occur to the public storm sewer system or to the receiving waters downstream of the public storm sewer system which are caused by an accidental or intentional discharge, dumping, spilling or deposit from any person and which must be repaired or corrected by the city are the liability of that person. The approving authority shall assess all costs for any repairs or corrections, in time and materials, to the person violating the terms of this section. The approving authority may, in lieu of assessing all costs for any repairs or corrections, in time and materials, order the person violating any of the terms of this section to make any repairs or corrections under the supervision of the approving authority and in compliance with all their requirements.

§ 8-5-8 WPDES permit.

[1-5-1999; 2016 Code]
No person shall cause or permit a discharge into the public sanitary sewers that would cause a violation of the city's WPDES permit and any modifications thereof.

§ 8-5-9 Special arrangements.

[1-5-1999; 2016 Code]
No statement contained in this chapter shall be construed as prohibiting any special arrangement between the approving authority, with the concurrence of the council, and any person whereby a waste of unusual strength or character may be admitted to the wastewater collection and treatment facilities, either before or after pretreatment, if there is no impairment of the functioning of the wastewater collection and treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the city without recompense by the person; and, further provided, that all rates and provisions set forth in this chapter are recognized and adhered to.

§ 8-5-10 New connections.

[1-5-1999; 2016 Code]
New connections to the city's sanitary sewer system will be allowed only if there is available capacity in all of the downstream wastewater collection and treatment facilities.

§ 8-5-11 Industrial wastewater discharge permits.

[1-5-1999; 2016 Code]
(A) 
An industrial wastewater discharge permit is required under this section if a person's discharge into the sanitary sewer has any of the following characteristics:
(1) 
A BOD greater than 200 mg/l;
(2) 
A suspended solids concentration greater than 250 mg/l;
(3) 
A volume of 10,000 gallons per day or greater from one or more points of discharge;
(4) 
Any of the characteristics of prohibited discharges under subsection 8-5-6(C) of this chapter and the person is a category C sewer user; and
(5) 
Is an incompatible pollutant under N.R. 211 of the Wisconsin administrative code.
(B) 
Permit application. Persons seeking an industrial wastewater discharge permit shall complete and file with the approving authority an application on the form prescribed by the authority. In support of the application, the applicant shall submit the following information:
(1) 
Name, address, and standard industrial classification number according to the standard industrial classification manual, bureau of the budget, 1972, as amended;
(2) 
Average daily volume of wastewater to be discharged;
(3) 
Wastewater constituents and characteristics to be analyzed using U.S.E.P.A. recommended procedures;
(4) 
Time and duration of discharge;
(5) 
Average and peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;
(6) 
Site plans and details to show all sewers and appurtenances by size and location;
(7) 
Description of activities, facilities, and plant processes on the premises including all materials and types of materials which are or could be discharged; and
(8) 
The director shall evaluate the data furnished by the applicant and may require the applicant to furnish further information. After evaluation and acceptance of the application, based upon the wastewater treatment plant's ability to treat the proposed discharge, the approving authority, with the concurrence of the council, shall issue an industrial wastewater discharge permit subject to the terms and conditions provided therein.
(C) 
Permit conditions. Industrial wastewater discharge permits shall be subject to all provisions of this chapter and all other regulations, user charges, fees, and conditions of discharge established by the approving authority or the state and federal authorities responsible for the overseeing of the wastewater treatment plant operations. Permit conditions shall include the following:
(1) 
The daily average and maximum wastewater constituents and characteristics;
(2) 
Limits on the rate, time, and amount of discharge;
(3) 
Requirements for the installation of control manholes, flow measurement devices, and composite sampling devices;
(4) 
Pretreatment of wastes discharged as may be required for adequate treatment of wastewaters discharged to the wastewater treatment plant; and
(5) 
Any other special conditions considered appropriate by the approving authority. Such other special conditions shall be effective only after due notice and hearing for the permit holder or permit applicant.
(D) 
Emergency suspension of treatment service. When the director determines that by reason of the gravity of the potential consequences of a violation of this chapter an immediate order is necessary to protect the wastewater collection system or treatment plant from possible serious damages, he or she may issue a written order terminating service to the permit holder or requiring the permit holder to cease operations which could be contributing to the violation. The permit holder shall be entitled to have the council review the director's actions in proceedings meeting the requirements of chapter 68 of the Wisconsin statutes.
(1) 
Suspension of service under this section shall not prevent the city from seeking any other remedy that may be available to it for the continuance of proper operation of the wastewater treatment plant, nor shall it prevent the city from imposing penalties otherwise applicable to the permit holder violating any section of this chapter.
(E) 
Revocation of industrial wastewater discharge permits and treatment services. The city may seek to terminate the wastewater treatment services provided to any permit holder and revoke the permit holder's industrial wastewater discharge permit upon failure by the permit holder to:
(1) 
Factually report any information required by the application for the industrial wastewater discharge permit;
(2) 
Report significant changes in the wastewater constituents or characteristics;
(3) 
Allow access to the permit holder's premises by the director or the director's representatives for inspection of monitoring discharge under this chapter;
(4) 
Comply with the industrial wastewater discharge permit issued by the approving authority; and
(5) 
Allow the director or the director's representatives exclusive control of any control manhole serving the permit holder's premises whenever the director considers such control necessary. Such exclusive control of the manhole shall not preclude parallel monitoring.
(F) 
Notification of violation; administrative adjustment. Whenever the director finds that any permit holder has engaged in conduct that is grounds for revocation of the industrial wastewater discharge permit and treatment services under subsection (E) of this section, the director shall cause to be served upon the permit holder a written notice stating the nature of the alleged violation. Service of the notice shall be effective when made upon an agent or agents named by the permit holder. The city may require the permit holder to provide the name or names of such agents in such a number as to insure the reasonable availability of such agents to receive notice. Within five days of the service of the notice, the permit holder shall respond in writing to the authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to determine the veracity of the allegations, and, where necessary, establish a plan for the satisfactory correction of the problems.
(G) 
Show cause hearing. Where the violation giving rise to under subsection (E) of this section, is not corrected by timely compliance with the procedures of subsection (F) of this section the approving authority may order any permit holder causing or allowing conduct prohibited by subsection (E) of this section, to show cause why the proposed revocation of the industrial wastewater discharge permit and treatment service should not occur. A written notice shall be served on the permit holder, specifying the time and place of a hearing to be held by the council regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the permit holder to show cause before the council why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 10 days before the hearing. Service may be made on any agent, officer or authorized representative of a permit holder, as defined in subsection (F) of this section. The proceedings at the hearing shall be considered by the council which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeals of such orders shall be to the circuit court of Green County.
(H) 
Revocation of industrial wastewater discharge permits and termination of treatment services under subsection (E) of this section shall not prevent the city from seeking any other remedy that may be available to it for the continuance of proper operation of the wastewater treatment plant, nor shall it prevent the city from imposing penalties otherwise applicable to the permit holder violating any section of this chapter.
(I) 
Judicial proceedings. Following the entry of any order by the council with respect to the conduct of a permit holder contrary to the provisions of subsection (E) of this section, the city attorney may commence an action for enforcement of the order and any other appropriate legal or equitable relief.
(J) 
Transfer of industrial wastewater discharge permit. An industrial wastewater discharge permit will be issued to a specific user for a specific operation. Such permit will not be transferred to a new owner, user, location, or operation without the prior written approval of the approving authority.
(K) 
Duration of industrial wastewater discharge permits. Each industrial wastewater discharge permit shall expire on December 31 of each year. Renewal of the permit shall be automatic unless the director notifies the permit holder of nonrenewal in writing before October 2 of that year.
(1) 
If the director believes nonrenewal of a permit is justified or required for the proper operation of the wastewater treatment system, the director shall so inform the approving authority by October 1. The director shall not send a notice of nonrenewal of a permit unless the approving authority is satisfied that nonrenewal of the permit is justified or required for the proper operation of the wastewater treatment system. If the approving authority is so satisfied, it shall direct the director to notify the permit holder of nonrenewal and state the reasons therefor.
(2) 
A permit holder desiring a change in a permit may petition the approving authority at any time. The terms and conditions of the permit shall be subject to modification during the life of the permit. If any code, statute, rule or regulation of the approving authority or the state or federal authorities is amended and that amendment requires modification of a permit, the director may modify the permit at any time, with the concurrence of the council. The permit holder shall be notified in writing of any proposed changes in the industrial wastewater discharge permit at least 60 days before the effective date of the change. Any modification in the permit shall include a time schedule for compliance.

§ 8-5-12 Septage disposal permits.

[1-5-1999; 2016 Code]
(A) 
Septage shall only be discharged to the city's sewerage system by city approved and state of Wisconsin licensed disposers and at locations, times and conditions as specified by the approving authority or the director.
(B) 
Permit application. Between August 1 and September 1 of each year every licensed disposer wishing to discharge septage into the city's wastewater treatment plant shall file an application in writing to the approving authority on forms to be provided for such purpose. During the months of July and August forms for such application will be furnished at the office of the director. The application must state fully and truly the type, frequency, quantity, quality and location of generated septage to be disposed of at the city's wastewater treatment works. As part of the permit application, each licensed disposer shall provide to the approving authority proper proof of minimum liability insurance coverage for the licensed disposer's operation of a septage disposal business. The minimum liability insurance coverage shall be established before August 1st of every year by resolution of the approving authority.
(1) 
During the month of September, the approving authority will evaluate the applications and make a determination as to the amount and conditions of septage disposal at the city's wastewater treatment facility. The approving authority shall approve or reject all applications by October 1 of each year. If the approving authority cannot accept all the proposed septage for disposal, then consideration shall be given first to those generators of septage that are within the sewer service area. For purposes of this code, the sewer service area of the city shall be any location in the state of Wisconsin within a 20 mile radius of the city.
(2) 
All city approvals for septage disposal shall have the conditions that any time the wastewater treatment plant has operational problems, maintenance problems or threat of WPDES permit violations that are indirectly or directly related to septage disposal, the approving authority or director may immediately restrict septage disposal until such time as corrective action or mitigative measures have been taken.
(C) 
Permit conditions. Septage disposal permits shall be subject to all the provisions of this chapter and all other regulations, user charges, fees and conditions of discharge established by the approving authority or the state and federal authorities responsible for the overseeing of the wastewater treatment operations. Permit conditions shall include the following:
(1) 
The disposal or discharge of septage shall be at the wastewater treatment plant unless the approving authority or director gives express, written permission to discharge at a city specified manhole.
(2) 
Septage discharges to city specified manholes may, under special circumstances, be allowed, provided discharge rates are restricted as necessary to facilitate mixing, prevent backup in the receiving sewer and prevent a slug to the wastewater treatment facility.
(3) 
Disposal and discharge of septage shall be limited to the hours specified on the septage disposal permit and by other terms and conditions of discharge as considered necessary and appropriate by the approving authority or the director. Such terms and conditions shall be incorporated into the yearly application form provided by the approving authority for licensed disposers wishing to discharge septage into the city's wastewater treatment facility. By making application for a permit to discharge septage to the city's wastewater treatment plant, the licensed disposer agrees to abide by the terms and conditions of disposal as set forth in the application and by any other emergency or special conditions imposed thereafter by the approving authority or the director.
(4) 
Any other special or emergency conditions as considered appropriate by the approving authority. Notice of such conditions shall be provided to all licensed disposers granted a septage disposal permit by the approving authority. Such conditions shall be effective immediately upon actual notice to the permit holder or on the third working day after mailing by first class mail to the permit holder's address as listed on the application.
(5) 
Written documentation of all discharges shall be submitted by the permit holder to the director at the time of discharge to the public sewers or wastewater treatment facility. Blanks for documentation of each discharge will be furnished at the city's wastewater treatment plant and will include the following:
A) 
Name, address, telephone number and license number of the hauler;
B) 
Type of septage;
C) 
Quantity of septage;
D) 
Estimated quality of septage;
E) 
Location, date, time and feed rate of discharge to the sewerage system;
F) 
Source of septage;
G) 
Name and address of septage generator; and
H) 
Other information.
(6) 
The director may require a sample of each septage discharge to be submitted for testing to determine the applicable service charge assessment for that particular discharge. Failure to submit a sample for discharge will result in the imposition of the default formula as specified in subsection 8-5-15(E)(2) of this chapter. The director may require testing and sampling of any septage before its introduction and discharge into the public sewers or wastewater treatment plant.
(7) 
The permit holder shall submit to the director verification of the weight or volume by weight of the septage discharged into the public sewers or wastewater treatment plant at the time of discharge.
(D) 
Revocation of septage disposal permits. The city may seek to terminate the wastewater treatment services provided to any permit holder and revoke the septage discharge permit of any permit holder who fails to:
(1) 
Factually report any information required by the application for the septage disposal permit;
(2) 
Allow sampling or access to the permit holder's trucks, vehicles or holding facilities by the director or the director's representatives for inspection or monitoring of discharge under this chapter;
(3) 
Comply with the septage disposal permit issued by the approving authority;
(4) 
Submit a true and accurate report of the weight or volume of septage discharge or who intentionally submits a falsified report of the weight or volume of septage discharged for purposes of avoiding the sewer service charge imposed under subsection 8-5-15(E)(1) of this chapter, in whole or in part; and
(5) 
Submit a true and accurate documentation of the discharge or who intentionally submits a falsified documentation of the discharge for purposes of avoiding the sewer service charge imposed under subsection 8-5-15(E)(1) of this chapter, in whole or in part.
(E) 
Notification of violation; administrative adjustment. Whenever the director finds that any permit holder has engaged in conduct that is grounds for revocation of the septage disposal permit and treatment services under subsection (D) of this section, the director shall cause to be served upon the permit holder a written notice stating the nature of the alleged violation. Service of the notice shall be effective when made upon the permit holder or any agent or agents named by the permit holder in the yearly application submitted to the approving authority for septage disposal. Within five days of the service of such notice, the permit holder shall respond in writing to the authority, advising of its position with respect to the allegations. The permit holder may request a meeting with the director and the approving authority to determine the veracity of the allegations, and, where necessary, establish a plan for the satisfactory correction of the problems.
(F) 
Show of cause hearing. Where the violation giving rise to under subsection (D) of this section, is not corrected by timely compliance with the procedures of subsection (E) of this section, administrative adjustment, the approving authority may order any permit holder causing or allowing conduct prohibited by subsection (D) of this section, to show cause why the proposed revocation of the septage discharge permit and treatment services should not occur. A written notice shall be served on the permit holder, specifying the time and place of a hearing to be held by the council regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the permit holder to show cause before the council why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 10 days before the hearing. Service may be made on the permit holder, or on any agent, officer or authorized representative of a permit holder, as defined in subsection (E) of this section. The proceedings at the hearing shall be considered by the council which shall then enter appropriate orders with respect to the alleged improper activities of the permit holder. Appeals of such order shall be to the circuit court of Green County.
(G) 
Revocation of septage disposal permits and termination of treatment services under subsection (D) of this section shall not prevent the city from seeking any other remedy that may be available to it for the continuance of proper operation of the wastewater treatment plant, nor shall it prevent the city from imposing penalties otherwise applicable to the permit holder violating any section of this chapter.
(H) 
Judicial proceedings. Following the entry of any order by the council with respect to the conduct of a permit holder contrary to the provisions of subsection (D) of this section, the city attorney may commence an action for enforcement of the order and any other appropriate legal or equitable relief.

§ 8-5-13 General regulations.

[1-5-1999; 2016 Code]
(A) 
Submission of basic data. The approving authority may require each person who discharges or seeks to discharge industrial wastes or septage into a public sewer or at the wastewater treatment plant to prepare and file with the approving authority, at such times as it determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater collection and treatment facilities. In the case of a new connection, the approving authority shall require that this report be prepared before making the connection to the public sewer.
(B) 
Industrial discharges and septage. If any water or wastes are discharged or are proposed to be discharged to the public sewers or at the wastewater treatment plant, which waters or wastes contain substances or possess the characteristics enumerated in subsection 8-5-6(C) of this chapter, and which in the judgment of the approving authority have a deleterious effect upon the wastewater collection and treatment facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the approving authority may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge into the public sewers or at the wastewater treatment plant;
(3) 
Require control over the quantities and rates of discharge; or
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by sewer use charges under this chapter.
(C) 
Control manholes. Each person discharging industrial wastes into the public sewer shall, at the discretion of the approving authority construct and maintain one or more control manholes or access points to facilitate observation, measurement, and sampling of wastes, including sanitary sewage. Control manholes or access facilities shall be located on property owned or controlled by the city and built in a manner acceptable to the approving authority. If measuring or sampling devices are to be permanently installed, they shall be of a type acceptable to the approving authority. Control manholes, access facilities, and related equipment shall be installed by the person discharging the waste, at the person's expense, and shall be maintained by the person in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the approving authority before the beginning of construction.
(D) 
Measurement of flow. The volume of flow used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the water utility.
(E) 
Metering of waste. Devices for measuring the volume of waste discharged by any category user may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person discharging the wastewater. Following approval and installation such meters may not be removed without the consent of the approving authority.
(F) 
Waste samples. Industrial wastes and septage discharged into the public sewers or at the wastewater treatment plant shall be subject to inspection and determination on character and concentration of such wastes. The determination shall be made by the approving authority.
(1) 
Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment.
(2) 
Industrial wastes and septage shall be tested periodically for BOD and suspended solids by the city's wastewater treatment plant laboratory. All costs associated with such tests shall be billed directly to the permit holder. Special tests such as, but not limited to, heavy metals PCB's, phenols, etc., which the city waste water treatment plant is not equipped to perform, shall be sent to an outside lab and all costs associated with the tests shall be billed to the permit holder.
(3) 
Installation, operation, and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the approving authority. Access to, and exclusive control of sampling locations shall be granted to the approving authority or its authorized representative at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that existing when the sample was taken. All sampling and testing shall be determined under the latest edition of standard methods for the examination of water and wastewater.
(G) 
Pretreatment. Persons discharging industrial wastes or septage into any public sewer may be required to pretreat such wastes, if the approving authority determines pretreatment is necessary to protect the wastewater collection land treatment facilities or prevent the discharge of incompatible pollutants. In that event, such person shall provide at his or her expense such pretreatment or processing facilities as may be determined necessary to render wastes acceptable for admission to the wastewater collection and treatment facilities.
(H) 
Grease, oil and sand traps (interceptors). Grease, oil, and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in amounts exceeding those specified in this chapter, 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 the interceptors shall be of a type and capacity as required by SPS 382.32(3) of the Wisconsin administrative code, and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the permit holder shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Disposal of the collected materials performed by permit holder's personnel or licensed waste disposal firms must be under WDNR rules and regulations.
(I) 
Analyses. All measurements, tests, and analyses of the characteristics of waters to which reference is made in this chapter shall be determined under the latest edition of "standard methods" and with the federal regulations 40 CFR 136, "guidelines establishing test procedures for analysis of pollutants," as amended from time to time. Sampling methods, location, time, durations, and frequencies are to be determined on an individual basis by the director. Determination of the character and concentration of the industrial wastes or septage shall be made by the approving authority, and these determinations shall be binding as a basis for sewer service charges. The permit holder may have a portion of any sample collected by the approving authority, provided, the permit holder makes a written request to the director in advance of the collection of the sample.
(J) 
Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or grease or sand interceptor facilities shall be submitted for review and approval of the approving authority before the start of their construction if the effluent from such facilities is to be discharged into the public sewers. No construction of such facilities shall commence until approval has been granted.

§ 8-5-14 Basis for sewer service charges.

[10-16-1990; 1-5-1999; 7-6-2004; 6-17-2008; 2016 Code]
(A) 
Sewer users served by water utility water meters. There is hereby levied and assessed upon each lot, parcel of land, building, or premises having a connection with the wastewater collection system and being served with water solely by the water utility, a sewer service charge based, in part, on the quantity of water used, as measured by the water utility water meter used upon the premises.
(B) 
Sewer users served by private wells. If any person discharging wastewater into the sanitary sewers procures any part or all of his or her water from sources other than the water utility, all or part of which is discharged into the sanitary sewers, the person shall have a deduct meter installed by the water utility at the person's expense for measuring the volume of water obtained from these sources. Where sewer meters are already installed, deduct meters may not be required. The deduct meters shall be furnished by the water utility and installed under its supervision, all costs being at the expense of the person requiring the deduct meter. The water utility will charge for each deduct meter a rental charge set by the water utility to compensate for the cost of furnishing and serving the deduct meter. The rental charge shall be billed when the sewer service charge is billed.
(C) 
Premises not connected to water system or metered rates. If a lot, parcel of land, building or premises, being connected onto the municipal sewerage system and discharging sewage, wastewater or other liquids into the sanitary sewer or into the industrial sewer directly or indirectly, which is not a user of the city water supplied by the city water utility, and the water used is not measured by a water meter or is measured by a water meter not approved by the city water utility, then the amount of water used shall be otherwise measured or determined by the approving authority to determine the sewer service charge or rental provided in this chapter, or the owner or interested parties, at their own expense, may install and maintain a meter acceptable to the approving authority for such purpose in which case the foregoing rates shall apply. In the case of a lot, parcel of land, building or premises discharging sewage or industrial waste into a sanitary or industrial sewer, either directly or indirectly when the water is not metered, and the approving authority finds that it is not practical to attempt to measure such by meter, the board of public works shall measure such waste in such manner and by such methods as they find it practical in light of the conditions and attendant circumstances of the case taking into consideration the volume and character of the waste and use made of the sewer system to determine the sewer service charge or rental according to the corresponding rates per 1,000 gallons provided in this chapter.
(D) 
Deduct meters. If a person feels that a significant amount of metered water does not reach the sanitary sewer, he or she can at his or her own expense, with approval of the approving authority, install such deduct meters as are necessary to calculate the volume of water not discharged to the sanitary sewer. Metered water not discharged to the sanitary sewers shall not be subject to sewer service charges. Requests to install deduct meters must be made in writing to the approving authority.
(E) 
Billings. The services provided for by this chapter shall be billed each calendar quarter and the water utility billing procedures shall apply to such bills.
(F) 
Delinquent payment; disconnection. If a person discharging wastes into the city's sanitary sewer system does not procure his or her sewer service supply from the city and becomes delinquent in payment of sewer service charges, his or her connection with the city sewer system will be severed and will only be reconnected at his or her expense.
(G) 
Adjustments. The approving authority may recommend to the council uniform rates for users where metered water is discharged in part into the storm sewer and in part into the sanitary system; to interpret and apply this chapter and to adjust charges and surcharges where a literal application of the rules, rates and regulations of this chapter would be inequitable, and to make and publicize such rules as may be necessary and advisable to the more efficient operation of this chapter.

§ 8-5-15 Amount of sewer service charges.

[10-16-1990; 9-15-1992; 1-5-1999; 2016 Code]
(A) 
Sewer service charges are computed on the basis of sewer service rates as may be set by resolution of the council from time to time.
(B) 
Measurement of flow; category A and B users.
(1) 
Category A users. The volume of flow used for computing sewer service charges for this category of users shall be the metered water consumption of the user as shown in the records of meter readings maintained by the water utility, within a 1,000 cubic foot annual credit for non-consumptive uses including summer lawn watering computed against the fixed customer charge.
(2) 
Category B users. The volume of flow used for computing sewer service charges for this category of users shall be the metered water consumption of the user as shown in the records of meter readings maintained by the water utility.
(C) 
Quarterly billing; category A and B users. All persons discharging wastewater into the city sanitary sewer system under these categories will be billed quarterly based on volume of flow used each quarter, plus a fixed quarterly charge.
(D) 
Category C industrial wastewater discharge permit holders. All permit holders discharging wastewater into the city sanitary sewer system under this category will be billed quarterly based on volume of flow discharged each quarter, in addition to a surcharge for treatment of BOD exceeding 200 mg/l and suspended solids exceeding 250 mg/l, plus a fixed quarterly charge.
(1) 
The Category C industrial sewer service charge shall be computed under the following formula:
T = (V x CV) + .00834 V (B x CB + S x CS) + FQC + ALC
Where:
T
=
Total sewer service charge
B
=
Concentration of BOD in mg/l in the wastewater minus 200 mg/l but not less than zero
S
=
Concentration of suspended solids in mg/l in the wastewater minus 250 mg/l, but not less than zero
V
=
Wastewater volume in 1,000 gallons
CV
=
Volume charge per 1,000 gallons
CB
=
Surcharge per pound of BOD
FQC
=
Fixed quarterly charge
CS
=
Surcharge per pound of suspended solids
ALC
=
Additional laboratory charges, where applicable
0.00834
=
Conversion factor
(E) 
Category C septage discharge permit holders. All permit holders discharging septage into the city sanitary sewer system under this category will be billed monthly based on volume of flow discharged in each disposal, in addition to a surcharge for treatment of BOD exceeding 200 mg/l and suspended solids exceeding 250 mg/l plus a fixed charge or fee for each discharge into the public sewers or at the wastewater treatment plant.
(1) 
The category C septage sewer service charge shall be computed under the following formula:
T = (V x CV) + .00834 V (B x CB + S x CS) + FC + ALC
Where:
T
=
Total sewer service charge
B
=
Concentration of BOD in mg/l in the wastewater minus 200 mg/l but not less than zero
S
=
Concentration of suspended solids in mg/l in the wastewater minus 250 mg/l, but not less than zero
V
=
Wastewater volume in 1,000 gallons
CV
=
Volume charge per 1,000 gallons
CB
=
Surcharge per pound of BOD
FC
=
Fixed charge per 1,000 gallons of septage discharged Surcharge per pound of suspended solids
CS
=
Surcharge per pound of suspended solids
ALC
=
Additional laboratory charges, where applicable
0.00834
=
Conversion factor
(2) 
The default category C septage sewer service charge shall be computed under the same formula set forth in subsection (E)(1) of this section, however, the value of category B shall be presumed to be 7,000, if there is no other applicable data available or submitted by the permit holder and the value of "S" shall be presumed to be 40,000, if there is no other applicable data available or submitted by the permit holder.
(F) 
Reassignment of sewer users. The approving authority will reassign category A, B and C sewer users into appropriate sewer service charge categories if wastewater flow monitoring and sampling programs or other related information indicate a change of categories is necessary.
(G) 
Operation, maintenance, and replacement fund accounts.
(1) 
All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in section 8-5-1 of this chapter.
(2) 
All sewer charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund.
(3) 
All revenues for the replacement fund and for operation and maintenance of the wastewater collection and treatment facilities must be used solely for the replacement fund and operation and maintenance of the wastewater collection and treatment facilities.
(4) 
Sufficient revenues to cover all capital costs, including clean water fund loan principal and interest, will be generated through user charges.
(H) 
Disposal of septic tank sludge and holding tank sewage. Except as otherwise authorized by section 8-5-12 of this chapter, no person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into the wastewater treatment plant or any public sewer without first making application and obtaining a permit for disposal of septage from the approving authority. Permits shall be nontransferable and expire on April 15 following their approval by the approving authority. The person disposing of and discharging septage into the city's wastewater treatment plant or public sewers shall indemnify and hold harmless the city from liability and claims for damages arising out of or resulting from work and labor performed.
(1) 
No person may dispose of septage, transfer or introduce such material into any disposal area or public sewer in the city without first having been issued a license from the WDNR under chapter NR 113 of the Wisconsin administrative code.
(2) 
Exception for owner operated motor home and motor bus. The owner, lessee or licensed operator of a motor home, motor bus or similar vehicle having a toilet or holding tank for septage may discharge such septage from the vehicle into the city's wastewater treatment plant during normal working hours and under the supervision and direction of the director upon payment, in advance, of a fixed charge for each vehicle to be discharged. No owner, lessee or licensed operator of a motor home, motor bus or similar vehicle may discharge any prohibited waste materials enumerated in section 8-5-6 of this chapter. The penalty for discharge of any prohibited substances by a lessee, owner or licensed operator of a motor home, motor bus or similar vehicle shall be as set forth in section 8-5-21 of this chapter. The fixed charge for disposal of septage from a motor home, motor bus or similar vehicle as allowed by this subsection shall be established by resolution of the council.
(I) 
Charge for excessive or toxic pollutants. Any person discharging excessive or toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the city's wastewater treatment facility shall pay for such increased costs, as may be determined by the approving authority.
(J) 
Cesspools, privies prohibited. Where there is access to a municipal sewer within reasonable distance, as determined by the board of public works, no privies, cesspools or septic tanks shall be permitted or built.
(K) 
Outside connections. Any person owning or controlling premises located beyond the corporate limits of the city and desiring to install a plumbing system for discharging domestic sewage or industrial waste into the sanitary sewers of the city must obtain permission from the council. If permission is granted, the user must comply with all of the requirements of this chapter and will be required to pay a permit fee in an amount set by resolution of the council. Each service connected must include a meter, approved by the approving authority, for flow measurement. Any construction costs for sewer main, laterals, manholes or other related sanitary sewer facilities required for the proper sanitary sewer service to a person outside the corporate limits of the city shall be borne by the person desiring sanitary sewer service.

§ 8-5-16 Billing practice.

[1-5-1999; 2016 Code]
(A) 
Calculation of sewer service charges. Sewer service charges shall be computed according to the rates established by resolution of the council and the formulas presented in this chapter.
(B) 
Sewer service charge billing period. Sewer service charges shall be billed by the city to sewer users on a quarterly basis and to septage disposers on a monthly basis.
(C) 
Payment of sewer service charges. Except as requested by subsection (E) of this section, those persons billed by the city for sewer service charges shall pay such charges at the city hall within 20 days after the billing date.
(D) 
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating those penalties of subsection 8-5-14(F) of this chapter.
(E) 
The director may, in his or her discretion, require a person discharging septage into the wastewater treatment plant or the public sewers to make an advance payment of the estimated cost of sewer service charge before discharge of septage into the city's public sewers or wastewater treatment plant. The approving authority may provide written guidelines to the director for requiring advance payment of sewer service fees.

§ 8-5-17 Right of entry; safety and identification.

[1-5-1999; 2016 Code]
(A) 
Right of entry. The approving authority or other authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties for inspection, observation, or testing that may be necessary under this chapter, at any reasonable time and with due regard for industrial health, safety, and security rules, and the reasonable expectations of individual privacy.
(B) 
Safety. While performing the necessary work on private premises referred to in subsection (A) of this section, the authorized city employees shall observe all safety rules applicable to the premises.
(C) 
Identification; right to enter easements. The approving authority or other authorized employees of the city bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds an easement for inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement.

§ 8-5-18 Validity.

[1-5-1999; 2016 Code]
(A) 
Superseding previous codes. This chapter governing sewer use, industrial wastewater discharges, septage disposal, sewer service charges, and sewer connections and construction shall supersede all previous codes of the city.
(B) 
Invalidation/severability clause. Invalidity of any section, clause, sentence or provision in this chapter shall not affect the validity of any other section, clause, sentence or provision of this chapter which can give effect without such invalid part or parts.
(C) 
Amendments. The city, through its authorized officers, reserves the right to amend this chapter in part or in whole whenever it may consider necessary.

§ 8-5-19 Audit, notification, and records.

[1-5-1999; 2016 Code]
(A) 
Annual audit. The city shall review annually the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater collection and treatment facilities, and the sewer service charge system. based on this review, the city shall revise the sewer service charge system, if necessary, to accomplish the following:
(1) 
Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the waste water volume and pollutant loadings discharged by the users;
(2) 
Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater collection and treatment facilities;
(3) 
Apply excess revenues collected from class of users to the operation and maintenance expenses attributable to that class of users for the next year and adjust the sewer service charge rates accordingly.
(B) 
Annual notification. The city shall notify its sewer users annually about the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses and debt service costs of the wastewater collection and treatment facilities.
(C) 
Records. The city shall maintain records regarding wastewater flow and loadings, costs of the wastewater collection and treatment facilities, sampling programs, and other information which is necessary to document compliance with 40 CFR 35, Subpart E of the clean water act.

§ 8-5-20 Damages to equipment.

[10-16-1990; 1-5-1999; 2016 Code]
No person may damage, tamper with, or uncover any equipment or materials belonging to the city used for making tests or examination of the sewers or wastewaters discharged into the sewers.

§ 8-5-21 Discharges causing damage.

[1-5-1999; 2016 Code]
(A) 
Any damages which occur to the wastewater collection or treatment facilities, or to the receiving waters downstream of the wastewater treatment facilities, which are caused by a discharge from a person and which must be repaired or corrected by the city are the liability of the person causing the discharge. The approving authority will assess all costs for such repair and correction to the person responsible for the discharge.
(B) 
A person who violates any provision of this section shall upon conviction be subject to a Class 1 forfeiture. A separate offense exists each calendar day during which a discharge causing damage occurs or continues.

§ 8-5-22 Penalty.

[12-17-1991; 1-5-1999; 2016 Code]
(A) 
A person who violates any provision of sections 8-5-6, 8-5-7 or 8-5-8 of this chapter shall upon conviction be subject to a Class 1 forfeiture.
(1) 
In addition to that penalty set forth in subsection (A) of this section, a person who violates any provision of sections 8-5-6, 8-5-7 or 8-5-8 of this chapter shall be liable for all costs of repairs and corrections to remedy the circumstances caused by such violation. Such costs may be imposed by the court as part of the penalty for violation, or may be recovered through a separate civil suit by the city.
(2) 
Such costs may be imposed by the court as part of the penalty for violation, or may be recovered through a separate civil suit by the city.
(3) 
A separate offense exists each calendar day during which a violation occurs or continues.
(B) 
A person who violates section 8-5-20 of this chapter shall upon conviction be subject to a Class 2 forfeiture.
(C) 
A person who violates any provision of this chapter for which no specific penalty is provided shall upon conviction be subject to a Class 1 forfeiture.

§ 8-5-23 Liability to the city for losses.

[10-16-1990; 1-5-1999; 2016 Code]
Any person violating any provision of this chapter shall be liable to the city for any expense, loss, or damage suffered by the city that results from such violation.