[Amended 8-20-2012 by Ord. No. 2012-06; 12-15-2014 by Ord. No. 2014-15; 6-15-2015 by Ord. No. 2015-02; 8-2-2021 by Ord. No. 2021-08]
A. 
Sewer service charge. There is hereby levied and assessed upon each lot, parcel of land, building, premises, unit, or user having a connection with the wastewater facilities a sewer service charge pursuant to § 66.0821, Wis. Stats., as amended from time to time. A sewer service charge is imposed upon each user for the construction, reconstruction, improvement, extension, operation, maintenance, repair, and depreciation of the sewerage system, and for the payment of all or part of the principal and interest of any indebtedness incurred for those purposes, including the replacement of funds advanced by or paid from the Village's governmental funds or other enterprise funds.
B. 
Sewer service charge components. The total sewer service charge to users shall be composed of the following components:
(1) 
Fixed charge. A fixed amount, independent of volume of wastewater, included in each sewer bill to cover administrative costs and the costs of treating wastewater that is not attributable to individual users, such as infiltration of groundwater. The fixed charge cost allocation to outside users shall be in accordance with the methodology provided in § 400-89A of this chapter.
(2) 
Volumetric charge. An amount determined by multiplying the volume of water usage during the billing period by the applicable rate.
(3) 
High strength surcharge. Shall include surcharges for BOD5, TSS, total nitrogen, and/or total phosphorus in addition to the applicable fixed and volumetric sewer service charges.
C. 
Classes of service. Users shall be categorized into classes. Class 1 and Class 2 users are differentiated according to the strength of the wastewater discharged, and inside or outside users are differentiated by their locations. Users shall be reclassified where sampling, testing or other reliable means show that the strength of the wastewater discharged has fallen within other class parameters, or that the user is no longer inside or outside the Village limits.
(1) 
Class 1 inside. A Class 1 inside user is a user located within the Village of East Troy sewer service area that discharges wastewater with less than or equal to domestic strength as defined in § 400-2 of this chapter.
(2) 
Class 2 inside. A Class 2 inside user is a user located within the Village of East Troy sewer service area that discharges wastewater with greater than domestic strength as defined in § 400-2 of this chapter.
(3) 
Class 1 outside. A Class 1 outside user is a user located outside of the Village of East Troy sewer service area that discharges wastewater with less than or equal to domestic strength as defined in § 400-2 of this chapter.
(4) 
Class 2 outside. A Class 2 outside user is a user located outside of the Village of East Troy sewer service area that discharges wastewater with greater than domestic strength as defined in § 400-2 of this chapter.
(5) 
Hauled waste disposer. A hauled waste disposer is a user that discharges chemical toilet, holding tank, or septic tank waste to the system.
(6) 
Unmetered user. Users shall be metered. Users that may need unmetered service will only rely upon determination by the Water Utility or Department of Public Works.
A. 
It is the intent of the Village of East Troy to provide equitable distribution of sewer service charge costs to all users of the wastewater facilities. Rates, fixed charges, and strength surcharges shall be proposed by the Public Works Department to the Village Board and set by the Village Board. The following general methodology will be applied in determining the allocation of the fixed costs and the volumetric costs to the users within the Village of East Troy sewer service area and to all outside users:
(1) 
The total debt service cost associated with the wastewater treatment plant shall be distributed to inside users in both the fixed and volumetric charges. Said debt service cost allocation to outside users shall be in accordance with the methodology provided in § 400-89A of this chapter.
(2) 
The total debt service cost associated with the Village of East Troy wastewater collection system plant shall be distributed to inside users in both the fixed and volumetric charges. Said debt service cost allocation to outside users shall be in accordance with the methodology provided in § 400-89A of this chapter.
(3) 
The total operational and administrative costs associated with the wastewater treatment plant shall be allocated to the inside users, with the exception that the Village may allocate a portion of said costs to outside users in direct proportion to metered wastewater flow. Said cost allocation to outside users shall be in accordance with the methodology provided in § 400-89B of this chapter.
(4) 
The total operational and administrative costs associated with the Village of East Troy wastewater collection system shall be allocated to the inside users, with the exception that the Village may allocate a portion of said costs to outside users where the wastewater flow from an outside user is conveyed through any part of the Village of East Troy wastewater collection system in route to the wastewater treatment plant. Said cost allocation to outside users shall be in accordance with the methodology provided in § 400-89B of this chapter.
B. 
Section 400-88 of this chapter describes the methodology to be applied in calculating the sewer service charges for users located in the Village of East Troy sanitary sewer service area except for users classified as outside users by the Village. Section 400-89 of this chapter describes the methodology to be applied in calculating the sewer service charges for outside users.
A. 
Applicable users. This section applies to Class 1 inside and unmetered users.
B. 
Class 1 inside users. Class 1 inside users may have several configurations, and their charges are as follows:
(1) 
Where users procure all their water solely from the Water Utility, the fixed charge component of the sewer service charge shall be based on the size of the user's Water Utility water meter and the user charge component of the sewer service charge shall be based on the quantity of water usage as measured by the Water Utility water meter(s) installed on the user's premises.
(2) 
Users served by private wells.
(a) 
If any person discharging wastewater to the wastewater facilities procures part, or all, of his water from sources other than the Water Utility, all or part of which is discharged to the wastewater facilities, the person shall have water meters installed on all sources, by the Village, at the person's expense, for the purpose of determining the volume of water used for assessing the user charge component of the sewer service charge. Where required, for the purposes of determining the fixed charge component of service charge applicable to the user, the Village shall assign an equivalent meter factor to said user based on meter size.
(b) 
The Water Utility will charge for each meter a rental charge as set by the Public Service Commission of Wisconsin (PSC) to compensate for the cost of furnishing the meter and servicing the meter. See Schedule Am-1 of the Village of East Troy Municipal Water Utility Tariff available on the PSC's website or at Village Hall.
(3) 
Deduct meters.
(a) 
If a user believes that a significant volume of metered water is not discharged to the wastewater facilities, said user can, at its own expense, with approval from the Village, install such additional meters, metered services, or building sewer flow meters as required to establish the volume of metered water not discharged to the wastewater facilities or the actual volume of wastewater discharged to the wastewater facilities. Metered water that is not discharged to the wastewater facilities shall not be subject to sewer service charges.
(b) 
All requests to install additional water meters, meter services, or building sewer meters shall be made in writing to the Village. The request shall clearly state the reasons why the user believes these facilities are needed and shall include a detailed description of the facilities proposed. No water meters, meter services, or building sewer meters may be installed without written approval from the Village.
(c) 
All building sewer meters shall be installed by a licensed plumber while a representative of the Village is present to observe and inspect said installation. Only Village-approved building sewer meters will be allowed. All deduct water meters shall be furnished and installed by the Village. The user shall be charged for each deduct meter a rental charge as approved by the Public Service Commission to compensate for the cost of furnishing the meter and servicing the meter. All costs for the installation of the meters shall be at the expense of the user requiring the meter.
(4) 
Residential summer irrigation allowance. The user charge for all residential Class 1 users with metered water service shall be calculated to provide an allowance for metered water that is used for outside purposes (watering lawns, washing cars, etc.) and that is, consequently, not discharged to the sanitary sewer. This allowance will not be provided on a meter with sewer service to residential users with a separate water-only meter, residential users in a multiunit building with a separate water-only service for the building their unit is in, or seasonal meters with sewer service. The irrigation allowance will be applied for the second and third quarters of the year. The irrigation allowance will be calculated as follows:
(a) 
For each individual residential user, the metered water use for the fourth quarter of the previous year and the first quarter of the current year will be averaged ("first/fourth quarter average").
(b) 
For the second and third quarters of the year, the metered water usage, for the purposes of calculating the user charge, shall be based on the lesser of the actual metered water usage or 110% of the calculated first/fourth quarter average usage; the user charge will not apply to any metered water usage exceeding 110% of the calculated first/fourth quarter average usage.
(c) 
For the first and fourth quarters of each year, the user charge for each residential user shall be based on actual metered water usage.
C. 
Current sewer service charge rates, both fixed and volumetric, for the Class 1 inside users are published in the Schedule of Sewer Service Charge Rates. This schedule is on file, and available for public viewing, in the Village Clerk-Treasurer's office.
A. 
Fixed charge.
(1) 
All outside users shall be required to pay an equitable portion of the debt service cost. The Village may, at its discretion, require outside users to pay their allocation of any debt service cost as a single lump sum payable at the time the wastewater facilities upgrade or modifications, resulting in said debt service costs, are constructed, or at such time thereafter that said user connects to the wastewater facilities. Alternately, the Village may, at its discretion, finance the outside user's allocation of the debt service cost jointly with the Village's allocation of the debt service cost and bill the outside user on a monthly or quarterly basis for said outside user's share of the debt service cost, including any applicable finance charges and administration costs.
(2) 
The debt service cost associated with the wastewater treatment plant shall be allocated to each outside user in the direct proportion of the wastewater treatment plant flow capacity allocated to the outside user to the total wastewater treatment plant flow capacity. The flow allocation for each outside user shall be based on the maximum month flow allocation as stated in the current agreement between the Village and said outside user. The total flow capacity of the wastewater treatment plant shall be based on the maximum month design flow, as approved by the WDNR, for the most current wastewater treatment plant upgrade or modification.
(3) 
In cases where the wastewater flow from an outside user is conveyed through any part of the Village of East Troy wastewater collection system in route to the wastewater treatment plant, then the Village may allocate a portion of the debt service cost, associated with said portion of the wastewater collection system, to the outside user. The allocation of said debt service cost to the outside user shall be in the direct proportion of the outside user's allocated flow capacity, with a peaking factor applied, to the total design peak flow capacity of said part of the wastewater collection system. The design peak flow capacity of said part of the wastewater collection system shall be as stated in the design basis as approved by the WDNR; where a documented design basis is not available, the peak flow design capacity of said section of the wastewater collection system shall be calculated based on the Manning Formula method as published in Gravity Sanitary Sewer Design and Construction (ASCE Manual of Practice No. 60). The outside user's allocated flow capacity shall be the maximum month flow capacity, as stated in the current agreement between the Village and the outside user, with a peaking factor of 4.0 applied.
(4) 
With regard to the allocation of debt service costs associated with upgrade or modification of the wastewater treatment plant and/or the wastewater collection system, outside users shall be required to contribute to the cost of any such upgrades or modifications as associated with permit compliance, replacement of aging structures or equipment, or any other upgrades which the outside user, directly or indirectly, benefits from. Outside users shall not be required to contribute to any costs associated with those portions of wastewater treatment plant or wastewater collection system upgrades or modifications which are solely associated with provision of additional treatment capacity for users located in the Village of East Troy and from which said outside users receive no direct or indirect benefit.
B. 
Volumetric charge.
(1) 
All outside users shall be required to pay an equitable portion of the user charge cost. The user charge for outside users shall be based on a volume charge established by the Village and on the metered volume of wastewater discharged by said user to the wastewater facilities. The volume of metered wastewater flow for outside users shall be based on readings from Village-approved flow metering facilities.
(2) 
The Village shall establish the volume charge, in dollars per thousand gallons of wastewater, based on the total annual user charge costs for the wastewater treatment plant divided by total annual wastewater flow to the wastewater treatment plant in thousands of gallons.
(3) 
The volume charge for outside users is published in the Schedule of Sewer Service Charge Rates. This schedule is on file, and available for public viewing, in the Village Clerk-Treasurer's office. The Village may adjust the volume charge rate, from time to time, as required to generate sufficient revenue to cover the user charge costs. Such rate adjustment shall be consistent with the methodology described herein.
C. 
Outside user allocation.
(1) 
The Village may allocate a portion of the user charge costs for the Village of East Troy wastewater collection system to outside users when the wastewater flow from an outside user is conveyed through any part of the Village of East Troy wastewater collection system in route to the wastewater treatment plant. In such cases, the Village may allocate a portion of the collection system operation and maintenance cost to the outside user based on the length of the section of the wastewater collection system through which the outside user's wastewater flows in route to the wastewater treatment plant and based on the ratio of the outside user's allocated flow, with a peaking factor applied, to the total design peak flow capacity of said section of the wastewater collection system.
(2) 
The outside user's allocation of the collection system operation and maintenance costs shall be in the direct proportion of the total length-diameter value for the section of the wastewater collection system through which the outside user's flow is routed relative to the total length-diameter value for the entire Village of East Troy wastewater collection system. The length-diameter values shall be calculated as the pipe length, in miles, times the pipe diameter, in inches. The length-diameter value for the Village shall be calculated based on sewer mains only; building sewers shall not be included.
(3) 
Additionally, the outside user's allocation of the collection system operation and maintenance costs shall be in the direct proportion of the ratio of the outside user's total allocated flow capacity, with a peaking factor applied, to the total peak design capacity of said part of the wastewater collection system through which the outside user's wastewater is conveyed. The outside user's allocated flow capacity shall be the maximum month flow as stated in the current agreement between the Village and said outside user, with a peaking factor of 4.0 applied. The peak flow design capacity of the section of the wastewater collection system through which the outside user's wastewater flows shall be as stated in the design basis as approved by the WDNR; where a documented design basis is not available, the design capacity of said section of the wastewater collection system shall be calculated based on the Manning Formula method as published in Gravity Sanitary Sewer Design and Construction (ASCE Manual of Practice No. 60).
A. 
The sewer service charge for users discharging wastewater with BOD5, TSS, TKN, or total phosphorus concentrations in excess of the values for domestic wastewater (high-strength wastewater), as defined in § 400-2 of this chapter, shall include surcharges for BOD5, TSS, total nitrogen, and/or total phosphorus in addition to the applicable sewer service charges for Class 1 users.
B. 
Wastewater flows, for the purposes of calculating the wastewater loads discharged by the user, shall be based on wastewater flow meter readings if a flow meter is installed on the building sewer or on water meter readings if a wastewater flow meter is not installed. Wastewater concentrations, for the purposes of calculating the wastewater loads discharged by the user, shall be based on routine wastewater sample analysis as required by the Village in accordance with the provisions of this chapter.
C. 
The Village may apply surcharges to any residential, commercial, industrial, governmental, institutional, or outside user discharging high-strength wastewater to the wastewater facilities. The Village may apply surcharges to any user discharging high-strength wastewater for one or more days in any month.
D. 
The sewer service charge (SSC2) for users discharging high-strength wastewater shall be calculated as follows:
SSC2 = (SUC2) + (SDS2) + (SSR)
SSR =
[(B-220) x (VM/1,000) x (8.34) x (SCBOD)]+
[(T-220) x (VM/1,000) x (8.34) x (SCTSS)]+
[(N-40) x (VM/1,000) x (8.34) x (SCTN)]+
[(P-8) x (VM/1,000) x (8.34) x (SCPHO)]+
Where:
SSC2
=
Sewer service charge for users discharging high-strength wastewater, in dollars
SUC2
=
User charge, calculated per the methodologies described in § 400-88F or 400-89B as applicable, in dollars
SDS2
=
Debt service charge, calculated per the methodologies described in § 400-88F or 400-89A as applicable, in dollars
SSR
=
Surcharge for wastewater with BOD5, TSS, TKN, and total phosphorus concentrations in excess of domestic strength wastewater, dollars
VM
=
Volume of metered wastewater or water, in thousand gallons
B
=
Concentration of BOD5, in milligrams per liter (mg/l), in the wastewater
T
=
Concentration of TSS, in milligrams per liter (mg/l), in the wastewater
P
=
Concentration of total phosphorus, as phosphorus, in milligrams per liter (mg/l), in the wastewater
N
=
Concentration of total nitrogen, as nitrogen, in milligrams per liter (mg/l), in the wastewater
SCBOD
=
Surcharge per pound of BOD5 for wastewater with BOD5 concentrations above 220 mg/l, in dollars per pound
SCTSS
=
Surcharge per pound of TSS for wastewater with TSS concentrations above 220 mg/l, in dollars per pound
SCPHO
=
Surcharge per pound of total phosphorus for wastewater with total phosphorus concentrations above 8.0 mg/l, in dollars per pound
SCTN
=
Surcharge per pound of total nitrogen for wastewater with total nitrogen concentrations above 40 mg/l, in dollars per pound
E. 
The surcharge (SSR) shall be calculated based on concentrations determined from laboratory analysis of wastewater samples and on metered water or wastewater volumes. In the case where a single sample is collected in a given month, the surcharge shall be calculated based on the metered wastewater volume for that month and the analytical results of the single sample taken in that month. In the case where multiple samples are collected and analyzed in a given month, the concentration used in the surcharge calculation shall be based on the average value of each two successive samples and the volume of wastewater metered in the time interval between the collection of the two samples. The Village may modify the method of calculating the surcharge, at its discretion, on a case-by-case basis, as required to ensure the surcharges reasonably reflect the strength of the wastewater discharged.
F. 
The surcharge rates are published in the Schedule of Sewer Service Charge Rates. This schedule is on file, and available for public viewing, in the Village Clerk-Treasurer's office.
A. 
The charge levied on septage, holding tank wastes, or other hauled wastes (SSH) shall be determined using the following equation:
SSH =
[(RVC2) x (VSH)]+
[(B - 220) x (VSH/1,000) x (8.34) x (SCBOD)]+
[(T - 220) x (VSH/1,000) x (8.34) x (SCTSS)]+
[(N - 40) x (VSH/1,000) x (8.34) x (SCTN)]+
[(P - 8) x (VSH/1,000) x (8.34) x (SCPHO)]+
[CADM]
Where:
SSH
=
Charge for disposal of hauled wastes, in dollars
RVC2
=
Volume charge rate for hauled wastes, in dollars per thousand gallons of hauled wastes
VSH
=
Volume of hauled wastes, in thousands of gallons
B
=
Concentration of BOD5, in milligrams per liter (mg/l), in the hauled wastes
T
=
Concentration of TSS, in milligrams per liter (mg/l), in the hauled wastes
P
=
Concentration of total phosphorus, as phosphorus, in milligrams per liter (mg/l), in the hauled wastes
N
=
Concentration of total nitrogen, as nitrogen, in milligrams per liter (mg/l), in the hauled wastes
SCBOD
=
Surcharge per pound of BOD5 for wastewater with BOD5 concentrations above 220 mg/l, in dollars per pound
SCTSS
=
Surcharge per pound of TSS for wastewater with TSS concentrations above 220 mg/l, in dollars per pound
SCPHO
=
Surcharge per pound of total phosphorus for wastewater with total phosphorus concentrations above 8.0 mg/l, in dollars per pound
SCTN
=
Surcharge per pound of total nitrogen for wastewater with total nitrogen concentrations above 40 mg/l, in dollars per pound
CADM
=
Administrative charge, dollars per load
B. 
Surcharge rates for hauled waste BOD5, TSS, total nitrogen, and total phosphorus are published in the Schedule of Sewer Service Charge Rates. This schedule is on file, and available for public viewing, in the Village Clerk-Treasurer's office.
C. 
For hauled wastes charge determinations, it will be assumed that holding tank wastes have the following average characteristics:
(1) 
Biochemical oxygen demand (BOD5) concentration of 400 mg/l.
(2) 
Total suspended solids (TSS) concentration of 350 mg/l.
(3) 
Total phosphorus concentration of 15 mg/l.
(4) 
Total nitrogen concentration of 85 mg/l.
D. 
For hauled wastes charge determinations, it will be assumed that septage has the following average characteristics:
(1) 
Biochemical oxygen demand (BOD5) concentration of 4,000 mg/l.
(2) 
Total suspended solids (TSS) concentration of 9,500 mg/l.
(3) 
Total phosphorus concentration of 150 mg/l.
(4) 
Total nitrogen concentration of 400 mg/l.
E. 
Where required by the Village, or requested by the hauler with approval from the Village, composite samples of the hauled wastes may be collected and analyzed for the purposes of determining hauled wastes disposal charges. All costs for sample collection and analysis shall be paid by the hauler. Samples shall be analyzed at a laboratory certified by the State of Wisconsin. The number of samples and the method for collecting the samples shall be as directed by the Village. Where required by the Village, samples shall be collected in the presence of a representative of the Village.
F. 
The disposal costs for hauled wastes other than septage and holding tank wastes, if such hauled wastes are approved by the Village for discharge to the wastewater facilities, shall be determined on a case-by-case basis. Sampling and analysis of such wastes may be required by the Village in order to determine the characteristics of the wastes. All costs associated with sampling and analysis of the wastes shall be borne by the hauler.
All sewer service charge revenues collected for the annual contribution to the replacement fund shall be deposited in a separate and distinct fund. The annual revenue required to ensure an adequate replacement fund shall be determined by the Village based on estimated costs to furnish and install equipment, accessories, and appurtenances which are anticipated to have a service life less than the design life of the wastewater facilities.
A. 
Introduction.
(1) 
It shall be the general policy of the Village of East Troy that new users connecting to the wastewater collection system reasonably participate in the cost of the Village's existing wastewater facilities at the time their properties actually receive sanitary sewer service. In determining what constitutes reasonable participation toward such cost, the Village shall be guided by the principle that the area to be served shall bear its proportionate share of such costs. The costs of the wastewater facilities in which new users are required to participate are:
(a) 
Costs incurred that are reasonable and necessary to construct the wastewater facilities to serve the new areas; and
(b) 
Costs of providing excess capacity in the wastewater facilities until such time as the future users in the new areas connect to the sanitary sewer system.
(2) 
Wastewater facilities have a significant physical life. This requires that they be constructed with sufficient capacity to serve present users and future users. It is economical to construct wastewater facilities with excess capacity. Therefore, it is reasonable that future users, as well as present users, pay the total cost of the wastewater facilities that serve them. The investment in excess capacity is made for the future users' benefit and is not available for other uses by the Village. Because future users make no payment until they connect to the sanitary sewer, only a part of the total cost of the wastewater facilities can be collected when said facilities are first placed in service. Accordingly, the cost incurred at the time of initial construction of the wastewater facilities, associated with provision of capacity for future users, should be recovered from said users through a connection fee.
(3) 
This connection fee is enacted pursuant to § 66.0821(4) of the Wisconsin Statutes.
B. 
Amount of connection fee.
(1) 
The connection fee is published in the Schedule of Sewer Service Charge Rates. This schedule is on file, and available for public viewing, in the Village Clerk-Treasurer's office.
(2) 
The connection fee shall be calculated on an equivalent meter basis as follows:
SCC = (Ccc)*(FEM)
Where:
SCC
=
Connection fee, in dollars
CCC
=
Connection fee per equivalent meter, dollars per equivalent meter
FEM
=
Equivalent water meter factor in accordance with the schedule provided in § 400-88 of this chapter
(3) 
The equivalent meter factor shall be based on the size of the user's water meter and shall be determined in accordance with the equivalent water meter factor schedule provided in § 400-88F of this chapter. Payment of the connection fee is a condition precedent to the provision of sanitary sewer service to the property in question.
C. 
Annual adjustment to connection fees. Effective as of January 1, 2009, and each calendar year thereafter, the connection fee shall be increased by $50. The connection fee shall be in the amount so determined for the calendar year within which a sewer permit is issued.
D. 
Application of connection fee to existing users. The connection fee shall also be applicable to existing commercial, industrial, governmental, and institutional users which increase their wastewater discharges to the wastewater facilities. For said existing users, an additional connection fee is due when the average daily flow from such user increases by one residential user flow equivalent or more over an average twenty-four-month period, determined on a January 1 through December 31 period. At the end of the first twelve-month period, the Village shall reasonably notify the user, in writing, that the average daily flow from such existing user exceeds the foregoing baseline. If the flow is not subsequently reduced during the remaining 12 months, then the Village shall bill the user for the connection fee.
E. 
Special circumstances. The Village Board may but is not required to adjust any industrial sewer connection fees when special circumstances allow for fair and reasonable fees suggested by either the Director of Public Works or the Village Engineer.
F. 
Payment of connection fee.
(1) 
The connection fee shall be paid in full before the Village will issue a building permit for any building or structure. Occupancy of any building or structure prior to payment of the connection fee shall be a violation of this chapter.
(2) 
For existing users who are required to pay a connection fee, or an additional connection fee, based on increased flows, as described in Subsection D of this section, the connection fee shall be paid to the Village within 30 days of notification by the Village that said connection fee is due. A penalty of 3% per month shall be assessed on all connection fees not paid within the thirty-day period. If a connection fee remains delinquent for 90 days, the charges and penalties shall constitute a lien upon the property and shall be recorded on the tax roll and collected as other taxes are collected.
Additional charges shall be billed, as required, for the following:
A. 
Actual costs incurred for user-requested samplings and analyses.
B. 
Actual costs incurred for meter inspection requested by the user.
C. 
Actual costs incurred for special handling not provided for elsewhere in this article.
D. 
Actual costs incurred for handling a user's check returned because of insufficient funds.