The purpose of this article is to provide for
the use of the publicly owned sewerage facilities located within the
area served by the City of Rice Lake, Barron County, Wisconsin, without
damage to the physical facilities and without impairment of their
normal function of collecting, transporting, treating and discharging
wastewaters from the area served by the City. This article is intended
to prevent the introduction of pollutants into the system which do
not receive adequate treatment and which will pass through the system
into receiving waters or otherwise be incompatible with the system
and to provide for the proper development and use of the user charge
system for the City and treatment facilities.
The City shall control the sewerage system and
shall administer and enforce this article. This article shall apply
to all dischargers to the City sewerage system.
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Clean Water Act (33 U.S.C. § 1251 et seq.),
as amended.
The City Council or its authorized deputy, agent, representative
or consulting engineer. "Approving authority" and "City" are used
interchangeably.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. and expressed in milligrams per liter.
The wastewater collection system of the City of Rice Lake,
including lift stations and force mains.
A sewer intended to receive both wastewater and stormwater
or surface water.
Those users of the publicly owned treatment works which are
not residential and are not classified as industrial users.
Those pollutants generally characterized as BOD, suspended
solids, pH and fecal coliform, together with any additional pollutants
defined in the WPDES permit issued for the treatment facilities, unless
the concentrations of any of these pollutants are such that they interfere
with the operation of the treatment works or exceed the limits established
under this article.
That charge to the users in the City service area which shall
defray the costs of retiring the debts incurred by the City in construction
of the sewage treatment facilities plus the existing debts on the
City sewerage facilities.
Waterborne wastes normally discharged from the sanitary conveniences
of dwellings, apartment houses, hotels, office buildings, factories
and institutions, free of industrial wastes, and in which the average
concentration of suspended solids is established at or below 290 milligrams
per liter and the BOD is established at or below 250 milligrams per
liter.
The charge made to unmetered users for use of the treatment
works.
All pollutants which are not compatible.
Industrial user, as defined for industrial user class, means
any user of the publicly owned treatment works that engages in the
processing, blending, assembling or in some way transforming of materials
or substances into new products and:
Discharges a wastewater having BOD concentration
in excess of 290 milligrams per liter and/or suspended solids concentration
in excess of 250 milligrams per liter or flows in excess of 25,000
gallons per day or has in its waste a toxic pollutant in toxic amounts
as defined in § 307 of the Act.
Is found by the City, state or the United States
Environmental Protection Agency (EPA) to have significant impact,
either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the system's
effluent quality or air emissions generated by the system.
Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade or business process or from the development,
recovery or processing of natural resources.
The amount charged to each user in the City, regardless of
use. This charge does not provide the user a minimum amount of use.
The treatment plant operation and maintenance costs plus
the operation and maintenance cost of the City sewerage system. These
costs shall include labor, energy, chemicals and equipment replacement
costs but do not include debt retirement.
Any individual, firm, company, association, society, corporation
or group.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration in gram moles per liter of solution as determined
by acceptable laboratory procedures.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary to maintain the capacity and
performance during the service life of the treatment works and City
sewerage system. The term "operation and maintenance" includes replacement.
The yearly replacement cost shall be calculated as follows:
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Present Replacement Cost
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a =
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Projected Service Life
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A user of the City-owned sewerage system that would occupy
an establishment considered a house or apartment and other facilities
in which people live.
A sewer that conveys domestic wastewater or industrial waste,
or a combination of both, and into which stormwater, surface water
and groundwater or unpolluted industrial wastewater is not intentionally
passed.
The sum of the minimum charge, user charge, debt service
charge and any applicable surcharge.
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 five times the
average twenty-four-hour concentration or flow during normal operation
and which adversely affects the collection system and/or performance
of the wastewater treatment plant.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water,
Sewage and Industrial Wastes, published jointly by the American Public
Health Association, the American Waterworks Association and the Federation
of Sewage and Industrial Wastes Association.
A sewer which carries stormwater and surface drainage but
excludes domestic wastewater and industrial wastes.
An additional charge related to industrial wastes being discharged
by any user having unusual characteristics, such as excessive BOD,
excessive suspended solids or other pollutants.
Total suspended matter that either floats on the surface
of or is in suspension in water, sewage or other liquids and which
is removable by a laboratory filtration device. Quantitative determination
of SS shall be made in accordance with procedures set forth in Standard
Methods.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards.
Any person discharging domestic wastewater or industrial
wastes into the collection system.
That charge to users of the City sewerage system which adequately
provides for proportionate recovery of the operation and maintenance
costs.
A group of users having similar wastewater flows and characteristics,
levels of BOD, suspended solids, etc.
The Commission appointed by the City of Rice Lake to supervise
the operation of the treatment facility. Commission duties shall include
supervision and control of plant operation and maintenance, determination
of plant expenses and revenue requirements and assessment of proportionate
share and expenses to the communities.[1]
A combination of the water-carried waste discharged into
the collection system from residences, commercial buildings, institutions
and industrial establishments, together with such groundwater, surface
water and stormwater as may be present.
The complete facilities for treating and disposing of the
domestic wastewater and industrial wastes from the City of Rice Lake.
The Wisconsin Pollutant Discharge Elimination System permit
issued for the Rice Lake wastewater treatment facilities.
It shall be unlawful to discharge to any natural
outlet within the City, or in any area under the jurisdiction of the
City, any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this article.
Except as provided in this article, it shall
be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for the disposal
of wastewater.
[Amended 1-25-2000 by Ord. No. 00-3]
The owner of any house, building or property
used for human occupancy, employment, recreation or other purposes
situated within the City and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the City is hereby required, at the owner's expense,
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this article within 30 days after date of official
notice to do so, provided that said public sewer is within 100 feet
(30.5 meters) of the property line. Where a public sanitary sewer
is not available under the provisions of this section, the building
sewer shall be connected to a private wastewater disposal system complying
with the provisions of this article.
A.
Inspection of installation. A permit for a private
wastewater disposal system shall not become effective until the installation
is completed to the satisfaction of the approving authority. The approving
authority shall be allowed to inspect the work at any stage of construction,
and, in any event, the applicant for the permit shall notify the approving
authority when the work is ready for final inspection and before any
underground portions are covered. The inspection shall be made within
48 hours of the receipt of notice by the approving authority.
B.
Compliance with certain state provisions required;
discharge to natural outlet prohibited. The type, capacities, location
and layout of a private wastewater disposal system shall comply with
all recommendations of the Department of Industry, Labor and Job Development
of the state. No septic tank or cesspool shall be permitted to discharge
to any natural outlet.
C.
When connection with public sewer is required. At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, as provided in § 239-11 above, a direct connection shall be made to the public sewer within 90 days, in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
D.
Sanitary operation required. The owner shall operate
and maintain the private wastewater disposal facility in a sanitary
manner at all times, at no expense to the City.
No statement contained in this article shall
be construed to interfere with any additional requirements that may
be imposed by the Health Officer.
A wastewater discharge permit shall be required
of any person desiring to discharge wastewater to the City sewerage
system and shall be of two classes:
A.
A domestic wastewater discharge permit shall be required
of any person desiring to discharge domestic waste and shall be considered
as part of the building permit required and issued by the City.
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner.
The size, slope, alignment and 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 all conform to
the requirements of the Building and Plumbing Code[1] or other applicable rules and regulations of the City
or state.
The City shall be permitted to have an authorized
representative inspect any new or old installations for compliance
with the regulations of this article.
New connections to the system shall not be allowed
unless all downstream components have a reserve capable of accepting
them.
The City reserves the right to require any user
of the system with flows in excess of 5,000 gallons per day to install
and maintain, at the user's expense, a control or monitoring manhole
on the user's discharge pipeline. The user shall provide the City
free and unobstructed access to the installed manhole.
All new sewers shall be designed by a professional
engineer. Sanitary sewer designs shall be approved by the Wisconsin
Department of Natural Resources. All sewers shall be constructed in
accordance with the approved plans and specifications.
All industrial users with flows in excess of
25,000 gallons per day shall install and maintain, at the user's expense,
a monitoring facility. This monitoring facility will be capable of
continuous flow measurement and composite sampling for all discharges
and accessible to City utility personnel at all times.
The City may inspect the monitoring facilities
of any discharger to determine compliance with the requirements of
this article. The discharger shall allow the City or its representatives
to enter upon the premises of the discharger at all reasonable hours
for the purposes of inspection, sampling or records examination. The
City shall have the right to set up on the discharger's property such
devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations.
A.
No person shall discharge or cause to be discharged
any unpolluted waters, such as stormwater, groundwater, roof runoff,
subsurface drainage or cooling water, to any sewer, except that stormwater
runoff from limited areas, which may be polluted at times, may be
discharged to the sanitary sewer by permission of the approving authority.
B.
Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the approving authority. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority, to a storm sewer or natural outlet.
C.
Except as provided in this article, no person shall
discharge or cause to be discharged any of the following described
water or wastes to any public sewer:
(1)
Gasoline, benzine, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(2)
Water or wastes containing toxic or poisonous solids,
liquids or gases in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any waste treatment
process, constitute a hazard to humans or animals or create a public
nuisance in the receiving waters of the wastewater treatment plant.
The toxins prohibited are those consistent with Section 307(a) of
the Clean Water Act of 1977.
(3)
Water or wastes having a pH lower than 6.0 or higher
than 9.0 or having any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel of the City
sewerage system.
(4)
Solid or viscous substances in quantities or of such
size as to be capable of causing obstruction to the flow in sewers
or other interference with the proper operation of the City sewerage
system, such as but not limited to ashes, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
The following described substances, materials,
waters or wastes shall be limited in discharges to the City sewer
system to concentrations or quantities which will not harm the sewers,
lift stations or the wastewater treatment facilities, will not have
an adverse effect on the receiving stream or will not otherwise endanger
life, limb or public property or constitute a nuisance. The approving
authority may set limitations lower than the limitations established
in the regulations below, if such limitations are necessary to meet
the above objectives. In forming an opinion as to acceptability, the
approving authority will give consideration to such factors as the
quantity of subject waste in relation to flows and velocities in the
sewers, materials of construction of the sewers, the wastewater treatment
process employed, the capacity of the wastewater treatment plant and
other pertinent factors. The limitations or restrictions on materials
or characteristics of waste or wastewaters discharged to the sanitary
sewer, which shall not be violated without approval of the approving
authority, are as follows:
A.
Wastewater having a temperature higher than 150°
F. (65° C.).
B.
Wastewater containing more than 25 milligrams per
liter of petroleum oil, nonbiodegradable cutting oils or products
of mineral oil origin.
C.
Wastewater from industrial plants containing floatable
oils, fats or grease.
D.
Garbage that has not been properly shredded. 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 the purpose of consumption on the premises or when served by caterers.
E.
Water or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances to such degree
that any such material at the point of discharge exceeds the limits
established by the approving authority in compliance with state and
federal regulations.
F.
Water or wastes containing odor-producing substances
exceeding limits which may be established by the approving authority
in compliance with state regulations.
G.
Radioactive wastes or isotopes of such half-life or
concentrations as may exceed limits established by the approving authority
in compliance with state regulations.
H.
Quantities of flow, concentrations, or both, which
constitute a slug.
I.
Water or wastes containing substances which are not
amenable to treatment or reduction by the wastewater treatment processes
employed or are amenable to treatment only to such degree that the
wastewater treatment plant effluent cannot meet the requirements of
the WPDES permit.
J.
Water or wastes which, by interaction with other water
or wastes in the City sewerage system, release obnoxious gases, form
suspended solids which interfere with the collection system or create
a condition deleterious to structures and treatment processes.
K.
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 plant.
(2)
Unusual volume of flow or concentration of wastes
constituting slugs.
(3)
Unusual concentrations of inert suspended solids,
such as fuller's earth, lime slurries and lime residues, or of dissolved
solids, such as sodium sulfate.
(4)
Excessive discoloration, such as dye wastes and vegetable
tanning solutions.
Each discharger shall provide protection from
accidental discharge of prohibited or regulated materials or substances
established by this article. Dischargers shall notify the authority
immediately upon occurrence of a slug load or accidental discharge
of substances prohibited by this article and shall follow up within
48 hours with a written report. The notification shall include location
of discharge, date and time thereof, type of waste, concentration
and volume and corrective actions. Any discharger which discharges
a slug load of prohibited materials shall be liable for any expense,
loss or damage to the publicly owned treatment works, in addition
to the amount of fines imposed on the authority on account thereof
under state or federal law. Signs shall be permanently posted in conspicuous
places on the discharger's premises advising employees whom to call
in the event of a slug or accidental discharge. Employers shall instruct
all employees who may cause or discover such a discharge with respect
to the emergency notification procedure.
A.
When pretreatment is required; cost. When, in the
opinion of the approving authority and in accordance with Title 40,
Part 128 of the Code of Federal Regulations and other applicable state
and federal regulations, pretreatment is required to modify or eliminate
wastes that are harmful to the structures, processes or operation
of the wastewater treatment facility, the person creating the waste
shall provide, at his expense, such preliminary treatment or processing
facilities as may be determined to be required to render his wastes
acceptable for admission to the City sewerage system.
B.
Interceptor requirements. Grease, oil and sand interceptors
shall be provided when, in the opinion of the approving authority,
they are necessary for the proper handling of such wastes, except
that such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the State Plumbing Code and shall be located so as to
be readily and easily accessible for cleaning and inspection. In the
maintaining of these interceptors, the owner 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.
Any removal and handling of the collected materials not performed
by the owner's personnel must be performed by currently licensed waste
disposal firms.
No statement contained in this article shall
be construed as prohibiting any special agreement between the City
and any person whereby an industrial waste of unusual strength or
character may be admitted to the City sewerage system, either before
or after pretreatment, provided that there is no impairment of the
functioning of the wastewater treatment facilities by reason of the
admission of such wastes or impairment of the quality of the sludge
in reuse or disposal and no extra costs are incurred by the City without
recompense by the person.
B.
In support of his application, the user shall submit
the following information:
(1)
Name, address and standard industrial classification
number of applicant.
(2)
Average volume of wastewater to be discharged.
(3)
Wastewater constituents and characteristics as determined
by examination according to Standard Methods.
(4)
Time and duration of discharge.
(5)
Average and peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers and appurtenances by size, location
and elevation.
(7)
Description of activities, facilities and plant processes
on the premises, including all materials and types of materials which
are, or could be, discharged.
(8)
Each product produced by type, amount and rate of
production.
(9)
Number and type of employees and hours of work.
(10)
Any other information as may be deemed by the
approving authority to be necessary to evaluate the permit application.
C.
The approving authority may use a consulting engineer
or attorney to evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the approving authority may issue a wastewater discharge
permit subject to appropriate terms and conditions.
The Common Council shall have the authority
to establish and collect a sewer service charge for the use of the
City sewerage system and the wastewater treatment facility.
A.
The Utilities Commission shall determine the yearly
cost of operation and maintenance of the wastewater treatment facility,
the total flow-BOD-suspended solids treated by the facility and resulting
flow-BOD-suspended solids unit rates.
B.
To these expenses, the City shall add its expenses
for debt, operation and maintenance of the City sewerage system and
the cost of billing and collecting and then determine the total sewer
service charge for each user of the system. The service charge shall
be based on water and wastewater meter readings, when available. When
such meter readings are unavailable, the service charge will be a
flat charge based on the estimate of usage for the unmetered users.
This estimate shall be 5,000 gallons per month. Where the flat charge
must be used, it will be paid for the full quarter and shall not be
prorated. If service should be interrupted for any full quarter, only
the minimum will be charged. The flat charge will be adopted by resolution/ordinance.
The total sewer service charge shall be the
sum of the minimum charge, the debt service charge, the user charge,
any applicable surcharges and industrial cost recovery charges. For
those unmetered services, the total sewer charge shall consist of
the minimum charge plus the flat charge.
A.
The debt charge, user charge and industrial surcharge
portions of the service charges provided in this article shall be
including as separate items by the City. The bill will be payable
in accordance with the schedule established by the City. These bills
are normally in monthly payments.
B.
Due date. All portions of the service charges shall
be payable at the time the bill for the same is issued.
Charges levied in accordance with this article
shall be a debt due to the City and shall be a lien upon the property.
If this debt is not paid within 20 days after it is due and payable,
it shall be deemed delinquent, and a penalty charge of 1 1/2%
monthly added. This debt may then be recovered by civil action in
the name of the City against the property owner, the person, or both.
If delinquent payments are not received by November 1 of the calendar
year, a ten-percent charge shall be added to delinquent bills. Thereafter,
if payment is not received prior to November 15, the delinquent bill
will be forwarded to the county for placement on the succeeding tax
roll.
A.
In the event of failure to pay sewer service charges
after they become delinquent, the City shall have the right to remove
or close sewer connections and enter upon the property for accomplishing
such purposes.
B.
The expense of such removal or closing, as well as
the expense of restoring service, shall likewise be a debt to the
City and a lien upon the property and may be recovered by civil action
in the name of the City against the property owner, the person, or
both.
C.
Sewer service shall not be restored until all charges,
including the expense of removal, closing and restoration, shall have
been paid.
D.
Change of ownership or occupancy of premises found
delinquent shall not be cause for reducing or eliminating these penalties.
The City shall conduct an annual audit, the
purpose of which shall be to maintain the proportionality and adequacy
of the sewer service charge relative to changing system operation,
maintenance and debt service costs. Any excess revenues collected
from a user class shall be attributed to that class when determining
the next year's charge system.
A.
The authority may, for good cause shown, suspend the
wastewater treatment service and the wastewater discharge permit of
a discharger when it appears to the authority that an actual or threatened
discharge presents or threatens an imminent or substantial danger
to the health or welfare of persons, substantial danger to the environment,
interference with the operation of the publicly owned treatment works
or violation of any pretreatment limits imposed by this article or
any wastewater discharge permit issued pursuant to this article.
B.
Any discharger notified of the suspension of the authority's
wastewater treatment service and/or the dischargee's wastewater discharge
permit shall, within a reasonable period of time, as determined by
the authority, cease all discharges. In the event of failure of the
discharger to comply voluntarily with the suspension order within
the specified time, the authority shall commence judicial proceedings
immediately thereafter to compel the discharger's compliance with
such order.
C.
The authority shall reinstate the wastewater discharge
permit and/or the wastewater treatment service and terminate judicial
proceedings pending proof by the discharger of the elimination of
the noncomplying discharge or conditions creating the threat of imminent
or substantial danger as set forth above.
The authority may revoke the permit of any discharger
which:
A.
Fails to factually report the wastewater constituents
and characteristics of its discharge;
B.
Fails to report significant changes in wastewater
constituents or characteristics;
C.
Refuses reasonable access to the discharger's premises
by representatives of the authority for the purpose of inspection
or monitoring; or
D.
Violates the conditions of its permit or this article
or any final judicial order entered with respect thereto.
Whenever the authority finds that any discharger has engaged in conduct which justifies revocation of a wastewater discharge permit, pursuant to § 239-37 hereof, the authority shall serve or cause to be served upon such discharger a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the discharger shall respond personally or in writing to the authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
A.
Where violation of § 239-37 hereof is not corrected by timely compliance by means of administrative adjustment, the authority may order any discharger which causes or allows conduct prohibited by § 239-37 hereof to show cause before the authority or its duly authorized representative why the proposed permit revocation action should not be taken. A written notice shall be served on the discharger by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the authority or its designee regarding the violation, the reasons why the enforcement action is to be taken and the proposed enforcement action and directing the discharger to show cause before the authority or its designee 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 discharger.
B.
The proceedings at the hearing shall be considered
by the authority, which shall then enter appropriate orders with respect
to the alleged improper activities of the discharger. Appeal of such
orders may be taken by the discharger in accordance with applicable
local or state law.
Following the entry of any order by the authority with respect to the conduct of a discharger contrary to the provisions of § 239-37 hereof, the attorney for the authority may, following the authorization of such action, apply for appropriate legal and/or equitable relief in the appropriate court.
A list of all significant dischargers which
were the subject of enforcement proceedings pursuant to this article
during the 12 previous months shall be annually published by the authority
in the official newspaper, summarizing the enforcement actions taken
against the dischargers during the same 12 months whose violations
remained uncorrected 45 or more days after notification of noncompliance
or which have exhibited a pattern of noncompliance over that twelve-month
period or which involve failure to accurately report noncompliance.
Any discharger or any interested party shall
have the right to request, in writing, an interpretation or ruling
by the authority on any matter covered by this article and shall be
entitled to a prompt written reply. In the event that such inquiry
is by a discharger and deals with matters of performance or compliance
with this article or deals with a wastewater discharge permit issued
pursuant hereto for which enforcement activity relating to an alleged
violation is the subject, receipt of a discharger's request shall
stay all enforcement proceedings pending receipt of the aforesaid
written reply. Appeal of any final judicial order entered pursuant
to this article may be taken in accordance with local and state law.
A.
Any discharger which experiences an upset in operations
which places the discharger in a temporary state of noncompliance
with this article or a wastewater discharge permit issued pursuant
hereto shall inform the authority thereof within 24 hours of first
awareness of the commencement of the upset. Where such information
is given orally, a written follow-up report thereof shall be filed
by the discharger with the authority within five days. The report
shall specify:
(1)
Description of the upset, the cause thereof and the
upset's impact on a discharger's compliance status.
(2)
Duration of noncompliance, including exact dates and
times of noncompliance, and if the noncompliance continues, the time
by which compliance is reasonably expected to occur.
(3)
All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset or other conditions of noncompliance.
B.
A documented and verified bona fide operating upset
shall be an affirmative defense to any enforcement action brought
by the authority against a discharger for any noncompliance with this
article or any wastewater discharge permit issued pursuant hereto
which arises out of violations alleged to have occurred during the
period of the upset.
Any discharger which is found to have violated
an order of the authority or which has failed to comply with any provision
of this article and the regulations or rules of the authority or orders
of any court of competent jurisdiction or permits issued hereunder
may be subjected to the imposition of a forfeiture of not more than
$500 or to imprisonment of not more than 30 days, or both. Each day
in which any violation is continued beyond the notice time limit shall
be deemed a separate offense.
Any discharger violating any of the provisions
of this article or which discharges or causes a discharge producing
a deposit or obstruction or causes damage to or impairs the authority's
wastewater disposal system shall be liable to the authority for any
expense, loss or damage caused by such violation or discharge. The
authority shall bill the discharger for the costs incurred by the
authority for any cleaning, repair or replacement work caused by the
violation or discharge. Refusal to pay the assessed costs shall constitute
a violation of this article enforceable under the provisions of this
article.
[Amended 1-25-2000 by Ord. No. 00-3]
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by the imposition of a civil penalty as set forth in § 239-44.
Any person violating any provisions of this
article shall become liable to the City for any expense, loss or damage
occasioned by reason of such violation which the City may suffer as
a result thereof.
When adopted by the Common Council of the City
of Rice Lake, this article and the user charge system shall take precedence
over any preexisting agreements, ordinances and charge systems which
are inconsistent with this article and/or the Federal Law PL 92-500
and subsequent amendments thereto.
