As used in this chapter, the following terms shall
have the meanings indicated:
ACCIDENTAL DISCHARGE
A user's unintentional discharge of wastewater containing
pollutants not normally discharged by that user resulting from a spill,
mechanical malfunction, human error or other similar occurrence typically
not part of the normal operating procedures of the user.
ACT
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., as amended, also known as the "Clean Water Act," as well
as:
(1)
Any applicable guideline, limitation or standard
promulgated by the EPA pursuant to that federal law; and
(2)
Any law or rule adopted by the State of Wisconsin,
including Ch. 281, Wis. Stats., and its corresponding rules, to implement
the federal law and EPA adopted rules.
AMMONIA NITROGEN (NH3-N)
One of the oxidation states of nitrogen in which nitrogen
is combined with hydrogen in molecular form as NH4. Quantitative determination
of ammonia nitrogen shall be made in accordance with the procedures
set forth in Standard Methods, unless a different test procedure is
required by either state or federal law or regulations.
BOD (biochemical oxygen demand)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20º C., expressed as milligram
per liter (mg/l). Quantitative determination of BOD shall be made
in accordance with the procedures set forth in Standard Methods, unless
a different test procedure is required by either federal or state
law or regulation.
BROWN'S LAKE
Brown's Lake Sanitary District in Racine County, Wisconsin.
BUILDING
Any building, structure, facility, or installation used for
either residential, commercial, public, institutional or industrial
purposes.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of a building and conveys it to the connection sewer,
beginning four feet outside the foundation walls of any building.
CAPITAL COST CHARGE
The part of charges levied against users of the City's sewerage
system that recovers the cost of construction, reconstruction, improvement,
or extension of the system.
CATEGORICAL PRETREATMENT STANDARD
Any standard established by the EPA or the DNR specifying
quantities or concentrations of pollutants or pollutant properties
that may be discharged to the City's sewerage system by existing or
new industrial users in specific industrial categories or subcategories.
CITY
The City of Burlington, Wisconsin, or the Common Council
or its delegated representative.
CITY'S PLANNING AREA
The area delineated in map form by the City's October 2005
Wastewater Facilities Plan, prepared by Applied Technologies, Inc.,
as the planning area of the City. The City's planning area may, as
needed, be modified from time to time.
[Amended 11-19-2013 by Ord. No. 1973(7)]
CITY'S SEWER SERVICE AREA
The most recent Burlington Sanitary Sewer Service Area approved
by the Southeastern Wisconsin Regional Planning Commission, on file
in the Clerk's office.
[Amended 11-18-2003 by Ord. No. 1740(20)]
COMBINED SEWER
A sewer designed to receive or receiving both wastewater
and storm or surface water.
COMPATIBLE POLLUTANTS
BOD, TSS, Total-P, pH, ammonia nitrogen, or fecal coliform
bacteria, plus any other pollutant identified in the WPDES permit
issued by the DNR to the City for its wastewater treatment plant.
CONNECTION FEE
A charge levied on all new users of the sewage system or
current users who expand their use of the sewer service system. This
charge is intended to ensure the fair apportionment of sewer system
facility capital costs between current and future users.
CONNECTION LATERAL
A sewer line within the public right-of-way running from
a connection sewer to a wye fitting of a public sewer main.
CONNECTION SEWER
A sewer service line extending from the building drain of
a building to the lot line of the user's property. This service line
may connect either to a connection lateral or directly to a wye fitting
of a public sewer main.
COOLING WATER
Water that has been used primarily for cooling but which
may be contaminated with process waste or airborne material.
CUSTOMER SERVICE CHARGE
A fixed monthly or quarterly charge payable by all users
of the system (except for Brown's Lake, licensed disposers, and any
other entity/person that has a separate payment arrangement with the
City) for certain administration costs and inflow/infiltration associated
costs.
[Amended 11-19-2013 by Ord. No. 1973(7)]
DISCHARGE
The introduction of pollutants into the City's sewerage system.
DNR
The Wisconsin Department of Natural Resources or its successor.
DOMESTIC WASTEWATER
A combination of liquid water and water-carried wastes and
wastewater discharged from plumbing facilities (e.g., toilets, showers
and sinks) in residential dwellings, institutional or commercial facilities
or establishments, such as business offices, retail establishments,
mobile home parks, and motels and public facilities. No wastewater
shall be deemed domestic wastewater if:
(1)
Any of its organic concentrations exceed any
of the specified organic concentrations for normal domestic strength
wastewater as defined in this section; or
(2)
It contains any substance prohibited by the
terms of this chapter.
ECHO LAKE
Echo Lake Farm Produce, a significant industrial user of
the City's sewerage system located in the City of Burlington, Wisconsin.
EPA
The United States Environmental Protection Agency or its
successor.
EXTRATERRITORIAL USER
Any user located outside of the City with which the City
has a contract to provide sewer service.
FLOATABLE OIL
Oil, fat, or grease in a physical state separable by gravity
from wastewater by treatment in a pretreatment facility approved by
the City. Wastewater or septage shall be considered free of floatable
oil if it is properly pretreated and does not interfere with the City's
collection or treatment system.
GARBAGE
The residue from the domestic and commercial preparation,
cooking and dispensing of food and from the commercial handling, storage
and sale of food products and produce.
GROUND GARBAGE
The residue from the domestic and commercial preparation,
cooking and dispensing of food which has been shredded to such a degree
that all particles are no greater than 1/2 inch in any dimension
and can be carried freely in suspension under the flow conditions
normally prevailing in the public sewers.
HIGH-STRENGTH DISCHARGE or HIGH-STRENGTH WASTEWATER
Any wastewater discharge with any or all of its organic concentrations
in excess of the values for normal domestic strength wastewater as
defined in this section or containing any toxic pollutants or poisonous
solids, liquids, or gases in sufficient quantity, either singly or
by interaction with other wastes, to result or likely to result in
the contamination of the system's sludge, the injury to or interference
with any sewage treatment process, a hazard to humans or animals,
the creation of a public nuisance, or the creation of any hazard in
or adverse effect on the waters receiving the discharge from the wastewater
treatment plant, even if the wastewater discharged would otherwise
be normal domestic strength wastewater. Method of introduction of
an indirect discharge may be, but is not limited to, by pipe, truck,
or rail car.
HOLDING TANK
An approved watertight receptacle for the collection and
holding of sewage.
INCOMPATIBLE POLLUTANT
Any pollutant that is not a compatible pollutant. Incompatible
pollutants include any wastewater or septage with pollutants, or of
such strength, that will adversely affect or disrupt the wastewater
treatment processes, effluent quality, or sludge quality if discharged
to the City's wastewater treatment plant.
INDUSTRIAL WASTEWATER or INDUSTRIAL WASTE
Any waterborne solid, liquid or gaseous waste, other than
domestic wastewater, resulting, discharging or flowing from industrial
processes, trades or businesses, including cooling water and the wastewater
discharge from pretreatment facilities. Industrial wastewater includes
any high-strength discharge.
INFLOW
Water other than wastewater that enters the City's sewerage
system.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the City's
sewerage system, its treatment processes or operations, or its sludge
processes, use or disposal and thereby causes or significantly contributes
to either a violation of any requirement of the City's WPDES permit
(including an increase in the magnitude or duration of a violation)
or the impairment of sewage sludge use or disposal in compliance with
applicable state and federal laws and regulations. A user significantly
contributes to a permit violation or impairment of sewage sludge use
or disposal if such user:
(1)
Discharges a daily pollutant loading in excess
of that allowed by either contract, a discharge permit, this chapter,
or any federal or state law or regulation;
(2)
Discharges wastewater that substantially differs
in nature or constituents from the user's typical discharge; or
(3)
Knows or has reason to know that its discharge,
alone or in conjunction with discharges from other sources, would
result in a WPDES permit violation or would prevent sewage sludge
use or disposal by the City in compliance with applicable federal
and state laws and regulations.
LICENSED DISPOSER
A person holding a valid license to perform septage servicing
under § 281.48, Wis. Stats., and Ch. NR 113, Wis. Admin.
Code.
NATURAL OUTLET
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
NESTLE
Nestle Foods Company, a significant industrial user of the
City's sewerage system located within the limits of the City.
NEW SOURCE
Any building from which pollutants are or may be discharged,
the construction of which commenced after the publication of proposed
pretreatment standards in the Federal Register which will be applicable
to such source if these standards are promulgated in accordance with
the Act.
[Amended 11-18-2003 by Ord. No. 1740(20)]
NONRESIDENTIAL USER
Any user which discharges waste to the City sewerage system
from a building or other facility used primarily for a purpose other
than human residency.
NORMAL DOMESTIC STRENGTH WASTEWATER
Wastewater with all of its organic concentrations no greater
than the following specified values: BOD no greater than 175 mg/l,
TSS no greater than 360 mg/l, and Total-P no greater than 4.0 mg/l.
These concentration values may from time to time be modified by the
City.
[Amended 11-19-2013 by Ord. No. 1973(7)]
NOXIOUS or MALODOROUS
Foul or offensive odors causing tangible injury or discomfort
perceptible to the senses of ordinary people.
OWNER
Any person who owns a building, lot, or parcel of land from
which pollutants are or may be discharged into the City's sewerage
system. The term "owner" also includes any person who owns a point
source of pollution.
PASS-THROUGH
A discharge that passes through the City's wastewater treatment
plant to its receiving waters in quantities or concentration which,
alone or in conjunction with a discharge or discharges from other
sources, causes or significantly contributes to a violation of any
requirement of the City's WPDES permit, including an increase in the
magnitude or duration of a violation. A user significantly contributes
to pass-through and the consequent permit violation whenever such
user:
(1)
Discharges a daily pollutant loading in excess
of that allowed by either contract, this chapter, a discharge permit,
or any federal or state law or regulation;
(2)
Discharges wastewater that is substantially
different in nature or constituents from the user's average discharge;
(3)
Knows or has reason to know that its discharge,
alone or in conjunction with discharges from other sources, would
result in a violation of the City's WPDES permit; or
(4)
Knows or has reason to know that the City is,
for any reason, violating the effluent limitations of its WPDES permit
and that the user's discharge, either alone or in conjunction with
the discharges from other sources, increases the magnitude or duration
of the City's violation.
PERSON
An individual, corporation, partnership, association, municipality,
institution, enterprise, governmental agency, sanitary district, or
any other entity.
pH
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution. Neutral water has a pH value of seven and a hydrogen
ion concentration of 10-7.
POINT SOURCE
Any discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which pollutants
are or may be discharged.
POLLUTANT
Any dredged spoil, solid, liquid or gaseous waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical waste,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt, and industrial, public and agricultural
waste discharged into water.
PRETREATMENT FACILITY
A facility constructed by a user to pretreat its waste or
wastewater before it is discharged into the City's sewerage system.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the City's sewerage
system. The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes of other means.
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
PRETREATMENT STANDARD
Any regulation that applies to industrial users and includes
any pollutant discharge limit promulgated by the EPA in accordance
with the Act or by the DNR in accordance with Ch. 283, Wis. Stats.
This term includes both prohibited discharge standards set forth in
or established under 40 CFR Part 403 and Ch. NR 211, Wis. Admin. Code,
and categorical pretreatment standards set forth in 40 CFR Chapter
I and Ch. NR 200 et seq., Wis. Admin. Code.
[Amended 11-18-2003 by Ord. No. 1740(20)]
PRIVY
A cavity in the ground or a portable above-ground device
constructed for toilet uses that receives human excrement to be either
partially absorbed directly by the soil or stored for decomposition
and periodic removal.
PROHIBITED DISCHARGE STANDARD
Any standard specifying quantities or concentrations of pollutants
or pollutant properties that may be discharged to the City's sewerage
system by industrial users regardless of industrial category or the
application of any other pretreatment standard or requirement.
PUBLIC SEWER
Any City-owned or -controlled sewer, including connection
laterals, and any sewer, including connection laterals, proposed or
intended to be dedicated or conveyed to the City after its installation.
It also includes any sewers owned or controlled by any other public
entity, provided that those sewers ultimately connect to and discharge
their collected wastewater into the City's sewerage system. It does
not include the plumbing inside and in connection with any building
served or connection sewers.
RESIDENTIAL EQUIVALENT UNIT (REU)
An annualized wastewater volume equal to that generated by
the average single-family residential customer. For the purposes of
this chapter, an REU is defined as 87,600 gallons per year or 11,711
cubic feet per year.
SANITARY SEWER
Any sewer, including connection sewers, connection laterals
and public sewers, intended to convey wastewater, together with small
quantities of ground-, storm- or surface waters admitted unintentionally,
to the wastewater treatment plant.
SEPTAGE
The scum, liquid, sludge or other waste from a septic tank,
holding tank, soil absorption field or privy. This term does not include
the waste from a grease trap.
SEPTIC TANK
A septic toilet, chemical closet and any other watertight
enclosure used for storage and decomposition of human excrement and
domestic or industrial wastes.
SEWAGE
Synonymous with the term "wastewater" as defined in this
section.
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWERAGE SYSTEM or SYSTEM
The City's wastewater collection system and all other structures,
facilities, conduits, and pipes used in the storage, treatment, recycling,
reclamation and disposal of domestic wastewater and industrial waste
and wastewater.
SEWER SERVICE CHARGES
Charges assessed against users of the City's sewerage system
to fund costs associated with the continued operation of the system.
Sewer service charges may include customer service charges, volumetric
user charges, capital cost charges, septage and holding tank disposal
charges, and other charges as may be necessary to provide for an equitable
allocation of costs among users.
SIGNIFICANT INDUSTRIAL USER
(1)
Any industrial user subject to categorical pretreatment
standards established by either federal or state regulation, or any
industrial user that has a discharge flow which:
(a)
Is 25,000 gallons or more per average workday
(excluding domestic, noncontact cooling, and boiler blowdown wastewater);
(b)
Is greater than 5% of the total flow rate or
design compatible pollutant loading received at the City's wastewater
treatment plant (5% of the total flow rate at the time of the adoption
of this Code is approximately equal to 100,000 gallons);
[Amended 11-18-2003 by Ord. No. 1740(20)]
(c)
Contains any material included on the list of
toxic pollutants issued by the DNR under Ch. 283, Wis. Stats.; or
(d)
Contains a waste that, either singly or in combination
with other wastes, has a reasonable potential for adversely affecting
the operation of the City's wastewater treatment plant or the quality
of its effluent, for contaminating the City's sludge, for creating
a public nuisance or a hazard to animals or humans, or for violating
any pretreatment standard or requirement.
(2)
Even though an industrial user may meet one or more of the criteria specified in Subsection
(1)(a) through
(d), the City may at any time, on its own initiative or in response to the filing of a petition by an industrial user in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user, provided it has no reasonable potential for adversely affecting the operation of the wastewater treatment plant or for violating any pretreatment standard or requirement.
SLUDGE
The accumulated solid, semisolid, or liquid wastes generated
during the biological treatment, chemical treatment, coagulation or
sedimentation of water or wastewater.
SLUG
Any discharge of water, wastewater or other substance at
a rate and/or concentration causing interference to wastewater treatment
processes or plugging or surcharging the City's sewerage system.
SOIL ABSORPTION FIELD
An area or cavity in the ground that receives the liquid
discharge of a septic tank or similar wastewater treatment device.
STANDARD METHODS
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water,
Sewage, and Industrial Waste, published jointly by the American Public
Health Association, the American Water Works Association, and the
Water Pollution Control Federation.
STORM DRAIN or STORM SEWER
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, wastewater or other liquids and that are removable by laboratory
filtering and are referred to as "nonfilterable residue." Quantitative
determination of suspended solids shall be made in accordance with
the procedures set forth in Standard Methods, unless a different test
procedure is required by either state or federal law or regulation.
TOTAL PHOSPHORUS (Total-P)
The concentrations of phosphorus present in the forms of
ortho-phosphate and condense phosphates, both dissolved and in suspension,
organic or inorganic. Quantitative determination of Total-P shall
be made in accordance with the procedures set forth in Standard Methods,
unless a different test procedure is required by state or federal
law or regulation.
TOXIC POLLUTANTS
Those pollutants or combinations of pollutants, including
disease-causing agents, that after discharge and upon exposure, injection,
inhalation or assimilation into any organism, either directly from
the environment or indirectly by ingestion through food chains, will
cause death, disease, behavioral abnormalities, cancer, genetic mutation,
or physiological malfunction, including malfunctions in reproduction
or physical deformations, in such organisms or their offspring. A
toxic pollutant shall include, but is not limited to, any pollutant
identified in the Toxic Pollutant List set forth in either 40 CFR
Part 403 or Ch. NR 215, Wis. Admin. Code.
[Amended 11-18-2003 by Ord. No. 1740(20)]
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect for the City 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 provided.
USER
Any person who discharges or contributes, or causes or permits
the discharge or contribution of, wastewater, septage, or any other
solid, liquid or gaseous waste from a point source to the City's sewerage
system. This term includes any industrial user as defined in this
section.
USER CHARGES
The charges assessed against each user of the City's sewerage
system as part of the user's sewer service charge for funding the
operation, maintenance and replacement costs of the system.
UTILITY MANAGER
The City's Director of Public Works or his authorized agent.
[Amended 11-19-2013 by Ord. No. 1973(7)]
WASTEWATER
The spent or used water of the City or of any user outside
the City if that user by contract or other special arrangement is
permitted to discharge into the City's sewerage system. The source
may be a combination of the liquid and water-carried wastes from residential,
commercial, industrial, institutional, and public sources, together
with any groundwater, surface water and stormwater that may be present
in the City's sewerage system.
WASTEWATER COLLECTION SYSTEM
All of the public sewers within the City and outside the
City as expressly authorized by the Common Council, including pump
and lift stations, force mains, connection laterals, and service connection
wye fittings, which fittings have been installed to receive wastewaters
directly from connection sewers or connection laterals.
WASTEWATER TREATMENT PLANT
That portion of the City's sewerage system designed to provide
treatment, including recycling and reclamation, of wastewater, thereby
allowing it to be disposed of without impairing other essential water
uses.
WATERCOURSE
A natural or artificial channel for the passage of water
either continuously or intermittently.
WISCONSIN PLUMBING CODE
The State of Wisconsin Plumbing Code, as created and contained
in the applicable provisions of the State of Wisconsin Administrative
Code.
[Amended 11-19-2013 by Ord. No. 1973(7)]