[HISTORY: Adopted by the Village Board of
the Village of Greendale by Ord. No. 645 (Ch. 13 of the Code of Ordinances). Amendments noted where applicable.]
(1)
The waterworks plant within the Village shall be a
single public utility. The sewerage system of the Village shall be
known as the "Sanitary Sewer Utility."
(2)
All persons now receiving sewer service or who may
hereafter make application therefor shall be considered as having
agreed to be bound by all the rules and regulations established by
the Village Board and the Metropolitan Milwaukee Sewerage District
(MMSD).
(3)
All persons now receiving water service from the Utility
or who may hereafter make application therefor shall be considered
as having agreed to be bound by all rules and regulations as filed
with the State Public Service Commission.
The following provisions of Ch. PSC 185, Wis. Adm. Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any of such rules shall constitute a violation of this section and shall be punishable as provided in § 13.30.
|
§ 185.11
|
Authorization for and application of rules
|
|
§ 185.12.
|
Definitions
|
|
§ 185.13.
|
General requirement
|
|
§ 185.15
|
Free or discriminatory service prohibited
|
|
§ 185.16
|
Protection of water utility facilities
|
|
§ 185.17
|
Interference with public service structures
|
|
§ 185.18
|
Location of records
|
|
§ 185.19
|
Retention of records
|
|
§ 185.21
|
Schedules to be filed with the commission
|
|
§ 185.22
|
Information available to customers
|
|
§ 185.31
|
Metered service
|
|
§ 185.32
|
Meter readings and billing periods
|
|
§ 185.33
|
Billing
|
|
§ 185.35
|
Adjustment of bills
|
|
§ 185.36
|
Deposits for residential service
|
|
§ 185.37
|
Disconnection and refusal of service
|
|
§ 185.38
|
Deferred payment agreement
|
|
§ 185.39
|
Dispute procedures
|
|
§ 185.41
|
Employees authorized to enter a customer's premises
|
|
§ 185.42
|
Customer complaints
|
|
§ 185.43
|
Construction records
|
|
§ 185.44
|
Records and reports of service interruptions
|
|
§ 185.45
|
Pumpage records
|
|
§ 185.46
|
Metering equipment records
|
|
§ 185.47
|
Other records
|
|
§ 185.51
|
Requirement for good engineering practice
|
|
§ 185.52
|
General construction requirements
|
|
§ 185.61
|
Meters
|
|
§ 185.65
|
Accuracy requirements for meters
|
|
§ 185.71
|
Meter testing facilities and equipment
|
|
§ 185.72
|
Calibration of meter testing equipment
|
|
§ 185.73
|
Testing of customer meters
|
|
§ 185.74
|
Test flows
|
|
§ 185.75
|
Required tests of customer meters
|
|
§ 185.751
|
Alternate sample testing plan
|
|
§ 185.76
|
Periodic tests
|
|
§ 185.77
|
Complaint tests
|
|
§ 185.78
|
Referee tests
|
|
§ 185.79
|
Remote outside meter and automatic meter reading
system tests
|
|
§ 185.795
|
Electrical safety
|
|
§ 185.81
|
Quality of water
|
|
§ 185.815
|
Adequacy of water supply
|
|
§ 185.82
|
Pressure standards
|
|
§ 185.83
|
Station meters
|
|
§ 185.84
|
Emergency operations
|
|
§ 185.85
|
System losses
|
|
§ 185.86
|
Flushing mains
|
|
§ 185.87
|
Interruptions of service
|
|
§ 185.88
|
Frozen services
|
(1)
The Village Manager or, in his absence, the Director
of Public Works shall declare a water emergency to exist when the
effect of sprinkling shall so reduce the supply of water available
for ordinary household use and for fighting fire as to endanger public
health, welfare and safety.
(2)
The use of water for sprinkling during such period
as the Village Manager shall declare a water emergency exists is prohibited.
(3)
Notice of the declaration of a water emergency by
the Village Manager shall be posted in not fewer than five public
places within the Village. The water emergency shall commence four
hours after proof of publication and posting of the water emergency
has been filed with the Village Clerk-Treasurer.
(4)
Any water emergency declared by the Village Manager
shall terminate when the effect of sprinkling shall not reduce the
supply of water available for ordinary household use and for fighting
fire so as to endanger public health, welfare or safety and when the
Village Manager shall notify the residents of the Village.
(5)
Notice of termination of a water emergency by the
Village Manager shall be posted in not fewer than five public places
within the Village, and termination of the water emergency shall take
effect when proof of such publication and posting has been filed with
the Village Clerk-Treasurer.
(1)
Purpose. The wastewater of the Village is collected
and treated in whole or in part by the wastewater system operated
by the Milwaukee Metropolitan Sewerage District ("the District").
The purpose of this section is to adopt certain rules with respect
to the collection of sewer charges required to enable the District
to become and remain eligible for federal grants for wastewater facility
capital improvements.
(2)
Incorporation of District Rules and Regulations Chapter 17. The sections and related appendices of the District Rules and Regulations (MMSD Rules), Chapter 17, promulgated by the District, as now in effect and as the same may be amended from time to time, are hereby incorporated by reference and shall be in full force and effect as though set forth in their entirety herein. For purposes hereof, "residential structure," as defined in § 17.103(19), MMSD Rules, shall mean any building accommodating exclusively one, two, three or four residential units.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(1)
User charges. There is hereby imposed a charge on
each user in the Village who discharges wastewater, directly or indirectly,
into the wastewater system operated by the District. Such charge shall
be in the amount specified below for the various classes of users.
(a)
Residential users. The residential user charge shall
be based on a volumetric charge as follows: The volumetric charge
shall be calculated by dividing the wholesale residential user charge
(i.e., the charge by the District to the Village), excluding connection
charges, by the total volume of residential water consumption as approved
by the Village Board. Individual residential user charges shall be
calculated by multiplying the user's volume of water consumption times
this volumetric charge plus the user's number of residential sewer
connections times the connection charge.
(b)
Noncertified commercial users. The retail noncertified
commercial user charge shall be based on a volumetric charge as follows:
The volumetric charge shall be calculated by dividing the wholesale
noncertified commercial user charge (i.e., the charge by the District
to the Village), excluding connection charges, by the total volume
of noncertified commercial water consumption. Individual noncertified
commercial user charges shall be calculated by multiplying the user's
volume of water consumption times this volumetric charge plus the
user's number of service connections times the connection charge as
approved by the Village Board.
(c)
Discharge-certified commercial users. Each retail discharge-certified commercial user charge shall be equal to each wholesale discharge-certified commercial user charge submitted to the Village pursuant to Ch. 17, MMSD Rules.
(d)
Waste-strength-certified commercial users. Each retail waste-strength-certified commercial user charge shall be equal to each wholesale waste-strength-certified commercial user charge submitted to the Village pursuant to Ch. 17, MMSD Rules.
(e)
Noncertified industrial users. Each retail uncertified industrial user charge shall be equal to each wholesale noncertified industrial user charge submitted to the Village pursuant to Ch. 17, MMSD Rules.
(2)
Local capital recovery charges on industrial users.
There is hereby imposed a local capital recovery (LCR) charge on each
industrial user in the Village whose function is described by the
Standard Industrial Classification (SIC) Division D (LCR user). The
LCR charge shall be in the amount specified below for the various
classes of LCR users:
(a)
Noncertified industrial users. Each retail noncertified industrial LCR charge shall be equal to each wholesale noncertified industrial LCR charge submitted to the Village pursuant to Ch. 17, MMSD Rules.
(3)
Industrial cost recovery charges. There is hereby imposed an industrial cost recovery (ICR) charge on each ICR user (as defined in Ch. 17, MMSD Rules) in the Village. The ICR charge shall be in the amount specified below for the various classes of ICR users:
(a)
Noncertified industrial users. Each retail noncertified industrial ICR charge shall be equal to each wholesale noncertified industrial ICR charge submitted to the Village pursuant to Ch. 17, MMSD Rules.
(4)
Local sewerage charges. In addition to the charges
imposed pursuant to Subsections A through C above with respect to
the usage of the wastewater system of the District, the Village is
also empowered pursuant to § 66.0821(4), Wis. Stats., to
establish and impose sewer charges necessary to meet the capital and
operating and maintenance expenses of its local sewer system. Such
charges are imposed and governed by this subsection. This subsection
shall not replace and repeal any other section, except to the extent
of direct conflict therewith.
(a)
LOCAL USER CHARGE
OPERATION AND MAINTENANCE
REPLACEMENT
Definitions. As used in this Subsection (4), the following terms shall have the meaning indicated:
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the collection system.
All expenditures during the useful life of the sewer collection
system for materials, labor and other items necessary for managing
and maintaining the collection system to achieve the capacity and
performance for which the system was designed and constructed. "Operation
and maintenance" includes replacement.
Expenditures for obtaining equipment, tools, vehicles or
appurtenances which are necessary to maintain the collection system.
(b)
Replacement fund. There is hereby established a replacement
fund to be incorporated in the financial records of the Village. This
fund shall be financed by revenue obtained from the local user charge
for pumping equipment, sewer system cleaning equipment, associated
tools, vehicles and miscellaneous equipment.
(c)
User charge review. The Village shall review the local
user charge system at least every two years and revise local user
charge rates as necessary to ensure that the system generates adequate
revenues to pay the costs of operation and maintenance, including
replacement, and that this system continues to provide for the proportional
distribution of operation and maintenance, including replacement costs
among users and user classes.
(d)
Rate notification. The Village will notify each user
at least annually, in conjunction with a regular bill, of the rate
being charged for operation and maintenance, including replacement
of the collection system. This notification will display separately
MMSD treatment charges and local operation, maintenance and replacement
rates.
(1)
User, LCR and ICR charges shall be billed on a quarterly
basis. Payment of such bills shall be made within 20 days after mailing
by the Village. If such bill is not paid when due, a one-time penalty
of 3% of the total bill shall be added thereto.
(2)
All bills shall be payable at the Village Hall, 6500
Northway, Greendale, or assigned agencies.
(3)
If a user fails to certify data or if a user's certification is materially inaccurate or if there has been a substantial change in data since the date of the user's last certification, the District shall notify the user that the verification data determined by the District pursuant to Chapter 17, MMSD Rules, shall be used to determine the charge due for the current billing period and all future billing periods until the user submits a new certified statement.
(4)
Should inspection or verification by the District reveal that any statement certified by a user is materially inaccurate, the District shall redetermine the proper charge due and forward the new computation to the Village in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due, and interest charges shall be applied to each deficiency as provided in Subsection (1) above.
(5)
Unpaid user, LCR and ICR charges shall be a lien upon
the property served and shall be enforced as provided in § 66.0821(4),
Wis. Stats.
Any officer or agent of any Village public utility
furnishing water or providing sewerage facilities to the public or
for public purposes appointed and authorized by such utility, at all
reasonable times, upon exhibiting written authority signed by the
Director of Public Works or such other official in charge of the utility,
may enter upon any dwelling, store, building, room or place supplied
with water or sewerage facilities for the purpose of inspecting, examining,
repairing, installing or removing the meters, pipes, fittings, wires,
sewerage installations, connections and works for supplying or regulating
the supply of water or other sewerage facilities and of ascertaining
the quantity, quality or condition of water or sewerage facilities
supplied.
All stormwater, including that from roof drains
and cistern overflows, as well as other clear waters, including those
from foundation drains and groundwater infiltration, shall be excluded
from all sanitary sewers in the Village. The above exclusion of stormwater
from sanitary sewers shall apply to all existing and proposed sanitary
sewers in the Village.
(1)
Notice to connect. Whenever the public sewer and/or
water becomes available to any public, commercial or business building
or any building used for human habitation, the Plumbing Inspector
shall notify in writing the owner, agent or occupant thereof to connect
thereto all facilities required by the Plumbing Inspector. If the
person to whom notice has been given fails to comply within 10 days
after notice, the Plumbing Inspector shall cause the necessary connections
to be made and the expense thereof shall be assessed as a special
tax against the property pursuant to § 281.45, Wis. Stats.
(2)
When to connect. If a public water system is available,
the water service shall be installed and connected to the water distribution
system in the building at the same time that the building sanitary
sewer is installed.
(3)
Payment. The owner or his agent or the occupant may,
within 30 days after the completion of the work, file a written option
with the Clerk-Treasurer electing to pay the amount of the assessment
in equal annual installments with interest on the unpaid balance.
(4)
Privies and waterless toilets prohibited. After connection
of any building to a sewer main hereunder, no privy or waterless toilet
shall be used in connection with such building.
(6)
Sanitary permit necessary. No building permit shall
be issued for a one- or two-family dwelling requiring a private sewage
system until such time that a sanitary permit has been issued.
[Added by Ord. No.
705]
(1)
Cross-connection defined. A cross-connection shall
be defined as any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the Village
water system and the other water from a private source, water of unknown
or questionable safety, or steam, gases or chemicals, whereby there
may be a flow from one system to the other, the direction of flow
depending on the pressure differential between the two systems.
(2)
Purpose. No person, firm or corporation shall establish
or permit to be established or maintain or permit to be maintained
any cross-connection. No interconnection shall be established whereby
potable water from a private, auxiliary or emergency water supply
other than the regular public water supply of the Village may enter
the supply or distribution system of said municipality, unless such
private, auxiliary or emergency water supply and the method of connection
and use of such supply shall have been approved by the Water Utility
and Sanitary Sewer Utility and by the Wisconsin Department of Natural
Resources in accordance with § NR 811.09(2), Wis. Adm. Code.
(3)
Inspection. It shall be the duty of the Water Utility
and Sanitary Sewer Utility Superintendent to cause inspections to
be made of all properties served by the public water system where
cross-connection with the public water system is deemed possible.
The frequency of inspections and reinspections based on potential
health hazards involved shall be as established by the Water Utility
and Sanitary Sewer Utility and as approved by the Wisconsin Department
of Natural Resources.
(4)
Right of entry. Upon presentation of credentials,
the Water Utility and Sanitary Sewer Utility shall have the right
to request entry at any reasonable time to examine any property served
by a connection to the public water system of the Village for cross-connection.
If entry is refused, such representative shall obtain a special inspection
warrant under § 66.0119, Wis. Stats. On request, the owner,
lessee or occupant of any property so served shall furnish to the
inspection agency any pertinent information regarding the piping system
or systems on such property.
(5)
Discontinuance of service. The Water Utility and Sanitary Sewer Utility are hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection (6). Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this chapter.
(6)
Emergency discontinuance. If it is determined by the
Water Utility and Sanitary Sewer Utility that a cross-connection or
an emergency endangers public health, safety or welfare and requires
immediate action, and a written finding to that effect is filed with
the Village Clerk-Treasurer and delivered to the customer's premises,
service may be immediately discontinued. The customer shall have an
opportunity for hearing under Ch. 68, Wis. Stats., within 10 days
of such emergency discontinuance.
Except as otherwise provided herein, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 25.04 of this Code.
[Added 12-21-2004 by Ord. No. 810]
(1)
Purpose. It is determined and declared to be necessary
and conducive to the protection of the public health, safety, welfare
and convenience of the Village to collect charges from all users of
the Village stormwater collection system. The proceeds of such charges
will be used to fund the management of the stormwater system of the
Village, to include reinvestment in the maintenance and improvement
of existing infrastructure and other improvements to the system that
will reduce urban nonpoint source pollution in stormwater runoff consistent
with federal and state regulations.
(2)
DEVELOPED PROPERTY
DWELLING UNIT
EQUIVALENT RUNOFF UNIT (ERU)
EXTENSION AND REPLACEMENT
FISCAL YEAR
IMPERVIOUS AREA or IMPERVIOUS SURFACE
MULTIFAMILY
NONRESIDENTIAL
OPERATING BUDGET
OPERATION AND MAINTENANCE
RATE
REVENUES
SINGLE-FAMILY or SINGLE-FAMILY PROPERTY
STORMWATER SYSTEM or SYSTEM
UNDEVELOPED LAND
USER FEE
VILLAGE
VILLAGE BOARD
VILLAGE MANAGER
Definitions. Unless this section specifically indicates
otherwise, the meaning of terms used in this section shall be as follows:
Real property which has been altered from its natural state
by the addition of any improvements, such as a building, structure
or impervious surface.
A single unit or apartment providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation.
The statistical average amount of horizontal impervious area
per single-family property of all single-family properties within
the Village on the date of adoption of this section. The horizontal
impervious area includes, but is not limited to, all areas covered
by structures, roof extensions, patios, porches, driveways, and sidewalks.
All costs of extension, addition, and capital improvements
to the system, the renewal and replacement of capital assets, or the
purchase and installation of new equipment for the system, or land
acquisition for the system, or any related costs thereto, or payment
for extraordinary maintenance and repair, including the costs of construction,
or any other expenses which are not costs of operation and maintenance.
A twelve-month period commencing on the first day of January
of any year.
A horizontal surface which has been compacted or covered
with a layer of material so that it is highly resistant to infiltration
by rainwater. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay, as well as streets, roofs, sidewalks,
parking lots, and other similar surfaces.
A residential property with two or more dwelling units.
Any developed property not used, primarily, as a permanent
residence, such as a commercial or industrial property or an institutional
property (schools, churches, hospitals, fraternal organizations, parks,
municipal facilities, etc).
Estimated revenues and the estimated costs for operation
and maintenance, extension, and replacement of the system for each
fiscal year.
The current expenses, paid or accrued, of operation, maintenance,
and current repair of the system, as calculated in accordance with
sound accounting practices, and includes, without limiting the generality
of the foregoing, insurance premiums, administrative expenses, labor,
executive compensation, the cost of materials and supplies used for
current operations, and charges for the accumulation of appropriate
reserves for current expenses not annually incurred but which are
such as may reasonably be in accordance with sound accounting practice.
The user fee charged on each ERU. The rate is determined
by the Village Board for each fiscal year.
All rates, fees, assessments, rentals, fines or other charges
or other income received by the Village in connection with the management
and operation of the system, including amounts received from the investment
or deposit of moneys in any fund or account, as herein required, and
any amounts contributed by the Village, all as calculated in accordance
with sound accounting practices.
A residential property with exactly one dwelling unit.
The existing stormwater collection system of the Village
and all improvements thereto which by this section are constituted
as the property and responsibility of the Village to be operated as
an enterprise to, among other things, conserve water, control discharges
necessitated by rainfall events, incorporate methods to collect, convey,
store, absorb, inhibit, treat, use or reuse water to prevent or reduce
flooding, overdrainage, environmental degradation and water pollution
or otherwise affect the quality and quantity of discharge from such
system.
Any real property with no impervious area.
The charge established by the Village Board on developed
property in the Village to pay for operation and maintenance and extension
and replacement for the stormwater system.
The Village of Greendale.
The Village of Greendale Board of Trustees.
The Village of Greendale Village Manager or his/her designee.
(3)
Disposition of revenue.
(a)
The user fees hereunder shall generate adequate annual
revenues to pay costs for the stormwater management system.
(b)
The portion of the total user fees collected which
are designated for operation and maintenance and extension and replacement
shall be deposited in a separate nonlapsing fund known as the "Stormwater
Management System Fund" and will be kept in two primary accounts as
follows:
1.
An account designated for the specific purpose of
defraying operation and maintenance costs, excluding extension and
replacement of the storm sewer collection system (operation and maintenance
account).
2.
An account designated for the specific purpose of
extension and replacement of the storm sewer collection system over
the useful life of the collection system (extension and replacement
account).
(c)
Fiscal year end balances in the operation and maintenance
account and the extension and replacement account shall be carried
over to the same accounts in the subsequent fiscal year and shall
be used for these accounts. Moneys which have been transferred from
other sources to meet temporary shortages in the operation and maintenance
and extension and replacement accounts shall be returned to their
respective accounts upon appropriate adjustment of the user fee rates.
The user fee rate shall be adjusted such that the transferred moneys
will be returned to their respective accounts within the fiscal year
following the fiscal year in which the moneys were borrowed.
(4)
User fees and rates.
(a)
User fee. The Village Board shall require that adequate
revenues are generated through user fees to provide for a balanced
operating budget. The Village Board hereby authorizes the imposition
of user fees on all developed property in the Village.
(b)
Rates. The Village Board will establish rates for
each fiscal year. All rates established by the Village Board will
be fair and reasonable and calculated to achieve a balanced operating
budget for the system. Current rates will be on file in the office
of the Village Clerk-Treasurer.
(c)
Rate schedule. For purposes of the imposition of the
user fee, the developed property in the Village shall be divided into
four classes, which shall be called "customer classes." The rate within
each customer class shall be uniform. The rate schedule is as follows:
|
Customer Class
|
Stormwater Charge
| |
|---|---|---|
|
Single-family
|
1 ERU
| |
|
Multifamily
|
0.5 ERU per dwelling unit
| |
|
Nonresidential
|
1 ERU for each 3,941 square feet of impervious
area or a minimum of 0.5 ERU
| |
|
Undeveloped lands
|
No charge
|
(5)
Billing and payment. Bills for the user fee shall
be rendered as part of the quarterly utility bill for the property
and become due and payable on the same date as the utility bill. A
late payment charge of 3% will be added to bills not paid within 20
days of issuance.
(6)
Lien. All user fees established hereunder shall be
a lien upon the property served pursuant to Ch. 66, Wis. Stats., and
shall be collected in the manner therein provided.
(7)
Establishment of rate schedule. The Village Board
shall set the ERU rate by separate resolution.
(8)
Adjustment of fees and appeal procedure.
(a)
Requests for adjustment. Requests for adjustment of
the user fee shall be submitted to the Village Manager, who is hereby
given the authority to develop and administer the procedures and standards
for the adjustment of fees as established herein. All requests shall
be judged on the basis of the amount of impervious area on the site.
In general, no credit shall be given for the installation of stormwater
management facilities required by the Village, Milwaukee County, Milwaukee
Metropolitan Sewerage District, or state stormwater rules. However,
the Village retains the right to grant stormwater user fee credits
to individual properties within the Village that exhibit benefits
to the stormwater management system. The following procedure shall
apply to all adjustment requests of the user fee:
1.
Any customer who has paid a user fee and believes
the user fee to be incorrect may, within 30 days of the payment and
subject to the limitations set forth in this section, submit an adjustment
request of the Village Manager.
2.
Adjustment requests shall be in writing and set forth
in detail the grounds upon which relief is sought.
3.
The customer requesting the adjustments may be required,
at his own expense, to provide supplemental information to the Village
Manager, including but not limited to survey data approved by a registered
land surveyor (RLS) and engineering reports approved by a professional
engineer (PE). Failure to provide such information may result in the
denial of the adjustment request.
4.
The Village Manager shall issue a written determination
as to whether the request for adjustment shall be granted. For adjustments
that are granted, a credit shall be applied to the customer's account.
The credit shall only apply for the period of time subsequent to the
filing period of the request for adjustment. There shall be no retroactive
adjustment for fees collected prior to the filing of the request.
Denials of adjustment requests shall be made, in writing, by the Village
Manager.
(b)
Appeal procedure.
1.
Upon receipt of the written denial of an adjustment
request, the customer who initially requested the adjustment may,
within 30 days of receipt of such denial, appeal to the Village Board.
2.
The Village Board shall complete its review within
45 days of the receipt of said request for review. The Village Board
determination shall be in writing and set forth in detail the reason
or reasons for its decision.
