Compliance with legal requirements for operation of the wastewater treatment
facility is a priority for the Village and Commission and a condition of each
customer's connection and continued use of the local system. The Commission,
in its reasonable discretion, is authorized to establish such performance
standards for the Village as are prudent or necessary to assure operation
of the wastewater treatment facility in compliance with Chs. NR 110 and 204,
Wis. Adm. Code, the Commission's WPDES permit, the Town of Mazomanie's conditional
use permit and other state and federal statutes, rules, regulations, and permits.
The Village shall monitor wastewater characteristics and constituents to determine
compliance with this chapter and Commission Regulations and to facilitate
an equitable system of service charges.
The Village and each of its customers, at their own expense, shall be
responsible for ensuring that the wastewater delivered to the regional system
and wastewater treatment facility meets the terms of the Commission's WPDES
permit; Chs. NR 110 and 204, Wis. Adm. Code; other federal and state statutes,
rules, regulations, and permits with respect to generation and delivery of
wastewater; generally accepted industry practices such as those set forth
in "Wastewater Treatment Plant: A Manual of Practice," Standard Methods, and
those standards or practices reasonably established by the Commission. The
Commission shall provide the Village with a copy of its WPDES permit promptly
upon request and shall promptly provide the Village with any subsequent amendments
of the permit upon request. As authorized by the Commission, the Commission's
Engineer shall establish such Commission standards or practices and notify
the Village of the same. Performance standards expressly include the standards
and limits set forth in the Commission's WPDES permit and other permits required
for each contracting municipality, limited contract user and the School District.
If there is a conflict between or among standards, the most stringent requirement
shall apply. Any such standards or practices shall be uniformly imposed and
enforced upon all users of the local system, regional system or wastewater
treatment facility.
A.
In addition to meeting the general performance standards
set forth above, by connecting to the local system, each customer agrees to
and shall meet the following specific performance standards as a condition
of both connection to and continued use of the local system, regional system
and wastewater treatment facility:
(1)
Each customer warrants and represents, to the best of
its knowledge, that the wastewater or other products it delivers to the local
system and wastewater facilities were generated solely by it or other users
expressly approved by the Village and Commission, where required.
(2)
Each customer warrants and represents, to the best of
its knowledge, that it shall not cause or permit any hazardous material (as
defined below) in amounts or at levels in excess of either the Commission's
Regulations or its WPDES permit to be delivered to the local, regional or
wastewater treatment facilities without the duly authorized resolution and
prior written consent of the Village and Commission. If the customer breaches
the obligations under this subsection, or if hazardous materials in violation
of the Commission's WPDES permit are found in wastewater delivered to the
local or regional system by a customer, said customer shall indemnify, defend,
and hold the Village and Commission harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities, or losses whatsoever, including
engineering and attorney fees that arise during, after or as a result of the
introduction of any hazardous material in excess of WPDES permit levels into
the local, regional or wastewater treatment facilities. Said indemnification
shall be in addition to any insurance coverage to which the Village and/or
Commission may be entitled and is not intended to and shall not relieve the
Village's and/or Commission's insurers from providing the same.
B.
As used herein, the term "hazardous material" means any
hazardous or toxic substance, material or waste which is or becomes regulated
by either the State of Wisconsin or the United States government. The term
"hazardous material" includes, without limitation, any material or substance
that is defined as a hazardous substance or hazardous waste under any state
or federal statute, rule, regulation or related provision and/or any substance
that exceeds the WPDES permit and other permit limits as defined by any state
or federal statute, rule, regulation or related provision.
The Commission shall be responsible for ensuring that treatment and
disposal at the wastewater treatment facility meet the terms of the Commission's
WPDES permit; Chs. NR 110 and 204, Wis. Adm. Code; other federal and state
statutes, rules, regulations, and permits with respect to generation, delivery,
treatment and disposal of biosolids; and generally accepted industry practices
such as those set forth in "Wastewater Treatment Plant: A Manual of Practice,"
Standard Methods, and those standards or practices reasonably established
by the Commission. As authorized by the Commission, the Commission's Engineer
shall establish such Commission standards or practices. Performance standards
expressly include the standards and limits set forth in the Commission's WPDES
permit and other permits required for the Commission related to biosolids.
If there is a conflict between or among standards, the most stringent requirement
shall apply.
If any customer or the Village is unable or fails to comply with the
performance standards set forth above, it shall provide notice to the Village
and the Commission within 48 hours of becoming aware of such inability or
noncompliance. Notice shall be in writing and briefly describe the circumstances
rendering either the customer or the Village unable to perform.
To ensure that the customers meet the standards established by this
chapter, the Village, or designee, shall establish reasonable and prudent
test requirements which shall be completed on no less than a quarterly basis.
The performance standards on which these requirements are established shall
include the terms of the Commission's WPDES permit with respect to the biosolids
facility; Chs. NR 110 and 204, Wis. Adm. Code; other federal and state statutes,
rules, regulations, and permits with respect to generation, delivery, treatment
and disposal of biosolids; and generally accepted industry practices such
as those set forth in "Wastewater Treatment Plant: A Manual of Practice,"
Standard Methods, and those standards or practices reasonably established
by the Village or Commission. For example, as required by the WPDES permit,
biosolids shall be analyzed for the following substances: total % solids;
total % Kjeldahl Nitrogen; pH; total % Phosphorus; total % Ammonia Nitrogen;
total % Potassium; total mg/kg Arsenic; total mg/kg Cadmium; total mg/kg Copper;
total mg/kg Lead; total mg/kg Mercury; total mg/kg Molybdenum; total mg/kg
Nickel; total mg/kg Selenium; and total mg/kg Zinc and other substances as
may be prudent or necessary to comply with the WPDES permit.
To ensure proper and fair billing, the Village, or designee, shall conduct
such tests for quantity (flow for wastewater or gallons/pounds dry solids
for biosolids), suspended solids, ammonia, phosphorus, BOD and other substances
as may be prudent or necessary, as determined by the Village in consultation
with the Commission.
A.
User information. In order to carry out its responsibilities
under this chapter, the Village may require a customer to provide information
about itself concerning, but not necessarily limited to:
(1)
Volume, time and peak rate of discharges;
(2)
Chemical analysis of discharges;
(3)
Raw materials, processes and products relevant to discharge
characteristics;
(4)
Discharges of specific wastes such as sludge, oil, solvent,
or incompatible pollutants;
(5)
Plot plans of local and building sewers showing locations
of sewers, monitoring facilities, and pretreatment facilities;
(6)
Details of pretreatment facilities; and
(7)
Details of systems to prevent losses of materials through
spills to the public sewers.
B.
Industrial user annual reports. The Village may request
that industrial users provide regular reports on the quality and quantity
of their industrial discharges. The report shall include completion of the
form required by § NR 1.01, Wis. Adm. Code, as may be amended from
time to time, and shall contain at least analyses for compatible pollutants
(e.g., BOD, SS, NH3, P and pH) and for all incompatible
pollutants listed in these regulations unless the industrial user has obtained
specific exemption from reporting certain constituents.
C.
Reports of discharges requiring pretreatment. The Village
may require reports from any industrial user who discharges any incompatible
pollutants which require pretreatment prior to the discharge to the wastewater
facilities, including the quality and quantity of the discharge. Said report
shall be provided to the Village and the Commission quarterly by March 15,
June 15, September 15, and December 15.
D.
Measurement and testing standards. All measurements and
test analyses of the characteristics of wastewater shall be determined or
performed in accordance with Standard Methods for the Examination of Water
and Wastewater and/or standards established by the EPA pursuant to § 304(h)
of the Clean Water Act (33 U.S.C. § 13.17 et seq., as may be amended
from time to time) and contained in 40 CFR 136 and amendments thereto, or
with any other test procedures approved by the EPA. Sampling shall be performed
in accordance with the techniques approved by the EPA. Where 40 CFR 136 does
not include a sampling or analytical technique for the pollutant in question,
sampling and analysis shall be performed in accordance with the procedures
set forth in the EPA publication, "Sampling and Analysis Procedures for Screening
of Industrial Effluents or Priority Pollutants, April 1977" and amendments
thereto, or with any other sampling and analytical procedures approved by
the EPA.
E.
Reports to be signed. Any reports required to be submitted
by an industrial user pursuant to the provisions of this chapter shall be
signed by the authorized representative of such user. The authorized representative
shall be the chief operating officer of such user if a corporation, or a partner
of such user if a partnership, or the sole owner of such user if a sole proprietorship.
F.
Reporting period. The reporting period shall not include
the 30 days immediately preceding the day the report is due. All analyses
shall be done on representative twenty-four-hour composite samples taken during
a typical operating day.
G.
Retention of user records. Each industrial user shall
retain and preserve for no less than three years any records, books, documents,
memoranda, reports, correspondence, and other information relating to monitoring,
sampling and chemical analysis made by or on behalf of the industrial user
in connection with its industrial discharge. All such records pertaining to
matters which are the subject of any enforcement proceedings under these regulations
or the subject of any litigation involving the Commission shall be retained
and preserved by the industrial user until such proceedings or litigation
has been finally concluded and all periods of limitation with respect to appeals
therefrom have expired.
Any person discharging industrial wastes into a sanitary sewer shall,
at the discretion of the Village and Commission, construct and maintain one
or more control manholes or access points to facilitate observation, measurement
and sampling of industrial wastes. Control manholes or access facilities shall
be located and built in a manner acceptable to the Commission and the contracting
municipality. If measure devices are to be permanently installed, they shall
be of a type acceptable to the Village and Commission. Control manholes, access
facilities, and related equipment shall be installed by the person discharging
the industrial waste, at his/her expense, and shall be maintained by him/her
so as to be in a safe condition, accessible, and in proper operating condition
at all times. The monitoring manholes shall be accessible by the Village and
Commission and contracting municipality at all times and shall be capable
of independently locking the system to allow access by the Village and Commission
only. Plans for installation of the control manholes or access facilities
and related equipment shall be approved by the Village and Commission prior
to the beginning of construction of the same.
