[HISTORY: Adopted by the Town Board of the
Town of Grand Chute as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 220.
Hazardous substances — See Ch. 310.
Housing standards — See Ch. 317.
Impact fees — See Ch. 330.
Nuisances — See Ch. 398.
Stormwater management — See Ch. 463.
Streets and sidewalks — See Ch. 468.
Subdivision of land — See Ch. 475.
Water — See Ch. 523.
[Adopted 1-7-1997 as Ch. 15 of the 1997 Code]
The provisions herein shall regulate the use
of public and private sewers and drains, private sewage disposal,
the installation and connection of building sewers, and the discharge
of waters and wastes into the public sewer system and provide penalties
for violations thereof.
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows. "Shall"
is mandatory; "may" is permissive.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in parts per million by weight.
A sewer which carries storm drainage, surface water, foundation
drainage, and roof drainage, but excludes sewage and industrial wastes,
from the building plumbing to a public storm sewer or natural outlet.
A sewer which carries only sewage and industrial wastes from
the building plumbing to the public sanitary sewer.
A sewer receiving both direct surface runoff and sewage.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
Solid wastes from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of produce.
Any customer of the Sanitary District which
discharges industrial waste and is identified in the Standard Industrial
Classification Manual, 1972, Office of Management and Budget, as amended
and supplemented, under the following divisions:
For the purpose of this article, a user in the
divisions listed is excluded if it is determined that it discharges
primarily segregated domestic wastes or wastes from sanitary conveniences
or that it discharges the equivalent of 25,000 gallons per day or
less of sanitary wastes, provided that such discharge does not contain
pollutants which interfere with the treatment process, are toxic or
incompatible, or contaminate or otherwise reduce utility of the sludge.
The liquid wastes from industrial processes, as distinct
from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
All costs incurred in the operation and maintenance of the
Sanitary District and/or the Grand Chute - Menasha West Sewerage Commission
wastewater treatment works. Notwithstanding other accounting procedures
as may be used by the Sanitary District for other purposes, in the
context of this article this class of costs shall be understood to
include equipment replacement costs and shall be understood to exclude
depreciation charges and debt retirement.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch in diameter.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
The relative demand on the sewer system of a
customer compared with a single-family residence, based on water meter
size, according to the following schedule:[1]
|
Meter Size
(inches)
|
Number of Residential Equivalent Meters
| |
|---|---|---|
|
5/8
|
1.0
| |
|
3/4
|
1.0
| |
|
1
|
2.5
| |
|
1 1/2
|
5.0
| |
|
2
|
8.0
| |
|
3
|
15.0
| |
|
4
|
25.0
| |
|
6
|
50.0
|
When a customer is nonmetered, he shall be assigned
a value from the above schedule closest to the number of residential
units of that customer.
The volume of sewage discharged by a nonmetered customer
as compared to a single-family residence based on the residential
meter equivalency.[2]
Those customers that are required to obtain a Class II restaurant
license as defined by the Wisconsin Department of Health Services.
Restaurant users shall be billed using the following strength parameters:[3]
Synonymous with "domestic sewage" and "domestic wastewater"
and shall mean any combination of liquid or water-carried wastes discharged
from sanitary plumbing facilities. Sanitary sewage shall be assumed
to have the following waste concentrations:
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
A sewer which carries stormwater or surface water and drainage
but excludes sewage and polluted industrial wastes.
Solids that either float on the surface of or are in suspension
in water, sewage, or other liquids and which are removable by laboratory
filtering.
The Utility Superintendent of Sanitary District No. 2 of
the Town of Grand Chute, or his authorized deputy, agent or representative,
or the superintendent of such additional utility sanitary districts
established within the Town of Grand Chute.[4]
A channel in which a flow of water occurs, either continuously
or intermittently.
A.
It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner upon public or
private property within the Town of Grand Chute, or in any area under
the jurisdiction of said Town, any human or animal excrement, garbage
or other objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Town of Grand Chute, or any area under the jurisdiction
of said Town, any sanitary sewage, industrial wastes, or other polluted
waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this article.
C.
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 sewage, except as provided hereinafter in § 440-4 herein.
D.
It shall be unlawful to connect any sewer to a public
sanitary sewer which receives roof drainage, foundation drainage,
surface water and groundwater.
E.
It shall be unlawful to construct combined sewers
or other facilities intended to receive both storm runoff and sewage.
F.
Responsibility of owner.
[Amended 5-20-1997]
(1)
The owner of all houses, buildings, or properties
used for human occupancy, employment, recreation, or other purpose
situated within the Town and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located public
sanitary sewer of the Town is hereby required at his expense to install
suitable toilet facilities therein and to connect such facilities
directly to the proper public sewer in accordance with the provisions
of this article, upon reasonable notice, within 90 days after the
date that said sanitary sewer is available for use and said sanitary
sewer system is in operation, and after 90 days have elapsed from
the opening of said sanitary sewer system, suitable toilet facilities
must be installed and connected directly to the proper public sewer
in accordance with the public sanitary sewer of the Town prior to
use or occupancy. This subsection applies only when said public sewer
is within 100 feet of the property line.
(2)
If the Sanitary District Commissioners find that an
unusual hardship exists or that special circumstances exist regarding
proposed public sewer services made available to residents within
the jurisdiction of the Sanitary District, then the ninety-day connection
can be modified in the sole discretion of the Sanitary District Commissioners.
In no event may the time for connection to the public sewer system
be extended beyond five years from the date that service is first
made available; provided, however, that any time extension for connection
to the public sewer system shall be immediately terminated if the
on-site sanitary sewer system is deemed to be failing. In such event,
the property in question shall connect to the public sewer system
as quickly as possible, but in no event later than 30 days from the
date the system is deemed failing.
A.
Where a public sanitary sewer is not available under the provisions of § 440-3F above, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.
B.
The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
Department of Safety and Professional Services of the State of Wisconsin
and shall comply with all laws of the State of Wisconsin and of the
Town of Grand Chute and of Outagamie County, Wisconsin, including
all zoning ordinances and other applicable laws and statutes governing
the area in question.[1]
C.
At such time as a public sanitary sewer becomes available to a property served by a private sewage disposal system as provided in § 440-3F above, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
D.
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at no expense
to the Town.
E.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer or Building Inspector or Town of Grand Chute
officials.
A.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Utility
Superintendent.
B.
Classes of permits.
[Amended 10-20-2009 by Ord. No. 2009-16]
(2)
In either case, the owner or his agent shall make
application on a special form furnished by the Town. The permit application
shall be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Utility Superintendent.
The permit and inspection fee shall be as listed on the Town's Fee
Schedule for residential and commercial buildings and for industrial
waste permits. If either the owner or his agent shall commence construction/excavation
without first obtaining said permit, the permit fee shall then be
double the amount stated in the Fee Schedule. All fees shall be paid
to the Town at the time the application is filed.
C.
All costs and expenses incident to the installation, connection, maintenance and repair of the building sewers from the main, including the riser and connection thereto, to the building shall be borne by the owner(s). Costs and expenses shall include any damage caused by the owner and/or any agent or contractor of the owner either to the Town of Grand Chute, the Town of Grand Chute Sanitary District No. 2, or any third party where said damages result from said installation, connection, maintenance or repair or result from the negligent construction, negligent installation or negligent connection of building sewers by the owner and/or any agent or contractor of the owner. The owner and any agent/contractor of the owner shall indemnify the Town for any loss or damage that may directly or indirectly be occasioned by the installation, connection, maintenance or repair of the building sewer, including any damages resulting from trenching, open cutting or tunneling. To assure compliance by the owner and his agents/contractors with this section and this article in general, the owner and his agents/contractors shall post a bond with the Town as a guarantee and indemnity that any and all damages the owner or his agents/contractors cause to the public sewer or any appurtenances thereto or any abutting property thereto shall be repaired at the expense of the owner and/or his agent or contractor, all to the complete satisfaction of the Town. This bond shall be in the amount of $3,000 and may be combined by the owner or his agent and contractors with the bond requirement of $2,000 in § 523-33. Therefore, in all cases where the owner employs an agent and/or contractor to install, connect, maintain or repair sewers, the agent and/or contractor shall meet all of these bond requirements. In all cases where the installation, connection, maintenance or repair of building sewers shall include any construction within a federal highway, state highway, or county highway right-of-way, or any trenching, open cutting or tunneling of any federal highway, state highway, or county highway, then the owner or any agent/contractor hired by the owner to accomplish the project shall post a bond with the Town as a guarantee and indemnity that any and all damage caused to federal, state or county right-of-way, or any federal highway, state or county highway, or any and all appurtenances thereto, shall be repaired at the sole expense of owner or the agent/contractor of the owner, all to the complete satisfaction of the Town. This bond shall be in the amount of $50,000 when the installation, connection, maintenance or repair of building sewers includes any trenching, open cutting or tunneling within any federal, state or county highway or federal, state, or county highway right-of-way. The combined bond under this subsection and § 523-33 shall be in the amount of $50,000. Damages are defined hereunder to include all damages resulting from said installation, connection, maintenance or repair or negligent construction. The term "damages" as utilized herein shall further include any legal expenses incurred by the Town of Grand Chute or the Town of Grand Chute Sanitary District No. 2 as a result of damages sustained during said installation, connection, maintenance or repair. The bond required under this subsection shall include, within its terms and conditions, that the bond shall remain in full force and effect for one year after the date of completion of the installation and connection of building sewers.
[Amended 10-20-2009 by Ord. No. 2009-16[1]]
D.
A separate and independent building sanitary sewer shall be provided for every building; except that where one building stands at the rear of another on an interior lot and no private sanitary sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sanitary sewer from the front building may be extended to the rear building and the whole considered as one building sanitary sewer, and except when specific written permission to include more than one building on a sanitary sewer is granted the Utility Superintendent, based upon exigencies of the situation and when not contrary to the interest of the public. In any event, when more than one building is included on a sanitary sewer hereunder, each of said buildings as included shall pay the initial user connection charge under § 440-9B hereof.[2]
E.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Utility Superintendent, to meet all requirements of this article.
F.
The size, slope, alignment, and materials of construction of a building sanitary 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 Regulations, Chapter 220, Article II of this Code, or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures as set forth in the appropriate specifications of the American Society for Testing and Materials (ASTM) and applicable Water Environment Federation Manual of Practice and the State of Wisconsin Plumbing Code shall apply.[3]
G.
The size and slope of the building sanitary sewers
shall be subject to the approval of the Utility Superintendent, but
in no event shall the diameter be less than four inches. The slope
of such pipe shall be not less than 1/8 inch per foot.
H.
Whenever possible, the building sewers shall be brought
to the building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building drain shall
be lifted by an approved means and discharged to the building sewer.
I.
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Utility Superintendent. Pipe laying and backfill shall be performed in accordance with the regulations as set forth in the Building Regulations, Chapter 220, Article II of this Code, except that no backfill shall be replaced until the work has been inspected.
J.
All joints and connections in building sanitary sewers
shall be made gastight and watertight.
K.
The applicant for the building sewer permits shall
notify the Utility Superintendent when the building sewer is ready
for inspection and shall again notify the Utility Superintendent when
the building sewer is ready for connection to the public sewer. The
connection shall be made under the supervision of the Utility Superintendent
or his representative.
L.
All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Town.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water or unpolluted industrial process waters to
any sanitary sewer.
B.
Stormwater 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 Utility Superintendent.
C.
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described waters or
wastes to any public sewer:
(1)
Any liquid or vapor having a temperature higher than
150° F.
(2)
Any water or waste which may contain more than 100
parts per million, by weight, of fat, oil or grease.
(3)
Any gasoline, benzene, naptha, fuel oil, or other
flammable or explosive liquid, solid or gas.
(4)
Any garbage that has not been properly shredded.
(5)
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, or any
other solid or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of the sewage works.
(6)
Any waters or wastes having a pH lower than 5.5 or
higher than 9.5 or having any other corrosive property capable of
causing damage or hazard to structures, equipment, and personnel of
the sewage works.
(7)
Any cyanides, phenols or wastes containing a toxic
or poisonous substance in sufficient quantity to injure or interfere
with any sewage treatment process, constitute a hazard to humans or
animals or create any hazard in the receiving waters of the sewage
treatment plant.
(8)
Any waters or wastes containing suspended solids of
such character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment plant.
(9)
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
D.
Restaurants and other cooking facilities shall provide
grease traps or interceptors. Automobile and other vehicle repair
and service facilities shall provide oil and sand interceptors. Such
traps and interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Wisconsin Department of Safety and Professional Services
and shall be located as to be readily accessible for cleaning and
inspection. Owners of the grease, oil and sand interceptors shall
maintain records of cleaning, maintenance and pumping by a licensed
waste disposal firm. Owners or the waste disposal firm shall furnish
the Utility Superintendent with a copy of all such records within
30 days after each cleaning. Grease interceptors shall be cleaned
or pumped at least quarterly (every three months) or more frequently
as required by the Utility Superintendent. Oil and sand interceptors
shall be cleaned or pumped at least once per year or more frequently
as required by the Utility Superintendent. The use of emulsifiers
and/or solvents which result in the flushing of the collected material
in an interceptor to the sanitary sewer is prohibited. Grease and
oil interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall
be of substantial construction, watertight, and equipped with easily
removable covers which when bolted in place shall be gastight and
watertight.[1]
E.
Where installed, grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation at all times.
F.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 200 parts per million by weight, or containing more than 200 parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described in Subsection C, or having an average daily flow greater than 2% of the average daily sewage flow of the Town, shall be subject to the review and approval of the Utility Superintendent. Where necessary in the opinion of the Utility Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 200 parts per million and the suspended solids to 200 parts per million by weight, or reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection C above, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed pretreatment facilities shall be submitted for the approval of the Utility Superintendent, and no construction of such facilities shall be commenced until said approval is obtained in writing.
G.
Where pretreatment facilities are provided for any
waters or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner at his expense.
H.
When required by the Utility Superintendent, the owner
of any property served by a building sanitary sewer carrying industrial
wastes, or any other user if ordered by the Utility Superintendent,
shall install a suitable control manhole in the building sanitary
sewer to facilitate observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely located
and shall be constructed in accordance with the plans approved by
the Utility Superintendent. The manhole shall be installed by the
owner at his expense and shall be maintained by him so as to be safe
and accessible at all times.
I.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in Subsections C and F shall be determined in accordance with Standard Methods for the Examination of Water and Wastewater and shall be determined at the control manhole provided for in Subsection H or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.[2]
J.
No statement contained in this article shall be construed
as preventing any special agreement or arrangement between the Town
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Town for treatment, subject
to payment therefor by the industrial concern.
No authorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenances, or equipment which is a part of the
municipal sewerage system.
The Utility Superintendent and other duly authorized
officers and employees of the Town shall be permitted to enter upon
all properties for the purpose of inspection, observation, measurement,
sampling and testing, in accordance with the provisions of this article.
A.
The Town of Grand Chute Sanitary District No. 2 hereby
requires all private wells serving residential, commercial or industrial
properties, and where located within the Town of Grand Chute Sanitary
District No. 2 (Sewer Utility), to have a municipal water meter placed
upon said private wells. The municipal boundaries for the Town of
Grand Chute Sanitary District No. 1 (water service) and Town of Grand
Chute Sanitary District No. 2 (sewer service) are not similar. Therefore,
in those parts of the Town of Grand Chute Sanitary District No. 2,
property owners receiving sewer service who have private wells used
for either residential, commercial or industrial purposes shall be
required to conform to all terms and conditions of this article. In
the Town of Grand Chute Sanitary District No. 1 (water services),
where properties are connected for water service to a municipal water
main but have retained a private well for outside use, there will
be no requirement of metering of these types of private wells.
(1)
The Town of Grand Chute Sanitary District No. 2 shall
furnish the water meter and shall place the same no further than six
inches after outlet of the private well pressure tank for each residential,
commercial or industrial private well user. It is the intention of
the Sanitary District that all water used within each structure shall
be metered. The cost of the water meter will be funded and paid for
by the Town of Grand Chute Sanitary District No. 1 and/or No. 2. An
outside reader will be required.
(2)
All such water meters as furnished and placed by the
Town of Grand Chute Sanitary District No. 2 shall be required to be
installed by each private well owner on or before the 30th day of
August 1989. Should any private well owner not comply with this section
by August 30, 1989, then the Sanitary District shall cause such meter
to be installed; any and all charges associated with said installation
of meter shall be charged directly to the respective customer.
(3)
The water meters as installed and operating upon private
wells, as defined above, will be read by Sanitary District No. 2.
(4)
Town of Grand Chute Sanitary District No. 2 sewer
users, including those with municipal water service or private wells,
shall be metered as hereinbefore provided and shall be charged a sewer
user charge based upon water consumption and meter size. User rates
shall be established and may be amended from time to time by the Sanitary
District No. 2 Commission at a regularly scheduled meeting. Such rates
shall be referred to as the "Grand Chute Sanitary District No 2 Sewer
User Rates," a schedule of which shall be signed and dated upon approval
by the Commission. A copy of such rate schedule shall be filed with
the Town Clerk.
(5)
Inspections.
(a)
Each property owner having a private well and
receiving sewer service from the Town of Grand Chute Sanitary District
No. 2 (Sewer Utility) shall be required to open his, her or its premises
for inspection by the Town of Grand Chute Sanitary District No. 2
and for the installation of the water meter by the Town of Grand Chute
Sanitary District No. 2, all as above provided.
(b)
Any property owner not allowing the Town of
Grand Chute Sanitary District No. 2 to inspect said premises and to
install said water meter upon and to a private well service shall
be issued a summons and complaint, returnable to the Municipal Court
of the Town of Grand Chute, as a violation of this article. Any elected
or appointed official of the Town of Grand Chute Sanitary District
No. 2, including the Utility Superintendent, may issue said summons
and complaint. The summons and complaint shall be served by the Town
of Grand Chute Police Department upon the person violating this article.
Upon conviction thereof, the violator shall pay a forfeiture in the
amount as prescribed in the Uniform Forfeiture and Bond Schedules
for each violation, together with the costs of prosecution, and in
the event of default of payment of such forfeiture and the costs of
prosecution shall be imprisoned in the county jail until such forfeiture
and costs of prosecution are paid, for a period not to exceed 90 days.
Each day that a property owner refuses to permit the Town of Grand
Chute Sanitary District No. 2 utility personnel to view the premises
and/or to install the water meter upon the private well shall be considered
a separate violation under this article.
B.
Initial user service connection charge. As a fair
and equitable charge towards the capital costs of the sewer system,
every user at the time of initial hookup shall be charged an initial
user service connection charge as prescribed in the Town Fee Schedule.
C.
Sewer connection charge. The sewer connection charge
shall be as follows:
(1)
Users supplied by sewers installed by a private concern as part of a subdivision development approved by the Town of Grand Chute Board of Supervisors and/or Board of Commissioners of the Town of Grand Chute Sanitary District No. 2 shall not be subject to a sewer connection charge; however, the initial user service connection charge under Subsection B above shall be paid.
D.
The Sanitary District shall levy a charge upon all
sewer users within its jurisdiction, defined herein as the sewer user
charge. The sewer user charge will commence from the time the connection
is made to the main, regardless of when actual connection is made
to the building, and regardless of when actual use commences. No charge
shall be made to an industrial user for costs which are charged directly
to that user under a contract between that user and the Grand Chute
- Menasha West Sewerage Commission. The sewer user charge shall be
adequate to defray operation and maintenance charges made by the Grand
Chute - Menasha West Sewerage Commission to the Sanitary District
and to defray operation and maintenance costs of the Sanitary District's
sewer system. The Sanitary District shall levy those charges on its
customers in a manner so as nearly proportionate to their actual use
as is practical.
E.
Upon receipt of notice from the Grand Chute - Menasha
West Sewerage Commission as to the estimated operation and maintenance
charges for the next succeeding fiscal year, the Sanitary Commission
shall adopt by resolution a schedule of sewer user charges according
to the following methodology:
(1)
Industrial wastes.
(a)
When industrial wastes exceed 200 milligrams per liter average concentration of either BOD or suspended solids (SS) or five milligrams per liter of phosphorus (P) during a billing period, that excess shall be subject to a surcharge equal to the unit operation and maintenance costs of the Grand Chute - Menasha West Sewerage Commission for treating that waste component. In addition to these surcharges, the discharger of industrial wastes shall be subject to the volume charge as computed in Subsection E(2).
(b)
The rate of surcharge for BOD in excess of 200
milligrams per liter, SS in excess of 200 milligrams per liter, and
P in excess of five milligrams per liter shall be determined annually
by the Grand Chute - Menasha West Sewerage Commission. A copy of these
surcharges is on file at Grand Chute Sanitary District No. 2 offices.
(2)
Nonindustrial wastes. The total annual operation and maintenance charges estimated by the Grand Chute - Menasha West Sewerage Commission for the Sanitary District [less estimated revenue from surcharges calculated in Subsection E(1)] shall be divided by the estimated volume of sanitary sewage discharged by all sewer users. The resulting rate, expressed in dollars per 1,000 gallons, rounded up to the nearest whole cent, shall be the volume charge.
(3)
Demand and billing charge. The annual costs of the
operation and maintenance of the sewer system of the Sanitary District
shall be divided by the number of residential equivalent meters and
the resulting quotient shall be the annual demand and billing charge.
(4)
Any excess (or deficit) in sewer user charges collected
by the Sanitary District shall be credited (or debited) against the
estimated operation and maintenance charges for the remainder of the
current and/or the next succeeding fiscal year, at the discretion
of the Sanitary Commission.
(5)
The Sanitary District shall notify its sewer users
of the rate and amount of the sewer user charge no less than annually
in conjunction with a regular bill for sewer user charges.
(6)
Restaurant users. The sewer user charge for restaurant
users shall be as prescribed in the Town Fee Schedule. Restaurant
users that utilize water for other purposes besides restaurant use
may install a deduct meter at their expense to segregate other uses.
If a deduct meter is not feasible, a residential equivalency unit
determination may be made by the Utility Superintendent. Restaurant
users may monitor their wastes to determine their characteristics
and pay the rates established for industrial wastes, provided that:
(a)
The wastewater is metered and sampled flow proportionately
for seven consecutive days each year. Sampling and metering procedures
shall be approved by the Utility Superintendent prior to proceeding
pursuant to this subsection. The annual rate will be based on the
average of the seven-day results.
(b)
The wastewater shall be tested for BOD, SS and
P by a certified laboratory. Results shall be furnished to the Utility
Superintendent.
F.
The sewer usage of a customer discharging nonindustrial
waste shall be charged using water meter readings and private well
meters.
G.
The sewer usage of a customer discharging industrial
wastes shall be charged using water meter readings and private well
meters together with the results of wastewater sampling and testing.
The Utility Superintendent shall decide upon the type of metering
and frequency of sampling which may be needed to adequately characterize
industrial wastes which are to be discharged.
H.
The Sanitary Commission may, from time to time, recover
other costs along with the sewer user charge as long as those costs
are reasonably related to sanitary sewer services and are not applied
in such a way to offset the sewer user charge levied to defray operation
and maintenance costs.
I.
It shall be the policy of the Sanitary District, until
repealed or amended hereafter, to obtain sufficient revenue to pay
the actual costs of constructing, installing and operating the sewage
system through a combination of system user charges, as defined herein,
coupled with a combination of Sanitary District utility assessment
costs policies and procedures. If at any time debt charges exist,
it is the policy of the Sanitary District that any such debt costs,
to the extent not defrayed by tax levies, shall be added to the operation
and maintenance charges established by the Commission in an amount
sufficient and adequate to retire any such debt obligations.
A.
Any person found to be in violation of any provision of this article, except § 440-7, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the time period stated within such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall, upon conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules for each violation, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, not to exceed 90 days.
C.
Any person violating any of the provisions of this
article shall become liable to the Town of Grand Chute for any expenses,
losses, or damages occasioned to the Town by reason of such violation,
which shall be recovered by a civil action by the Attorney for the
Town of Grand Chute.
D.
Any person violating § 440-7 of this article and/or § 440-6 of this article shall bear all costs and expenses incident to repairs, corrections and installation of sewers upon property owned by the Town, and said owner shall reimburse and/or indemnify the Town for any loss or damage that may directly or indirectly be occasioned by the person's violation of said section. Said violator shall be liable to the Town of Grand Chute for any expenses, losses, or damages occasioned by or to the Town by reason of such violation, and any such expenses, losses or damages shall be recovered, if unpaid or not indemnified by the owner, by a civil action by the Attorney for the Town of Grand Chute.
E.
Any person who shall violate § 440-3D shall be served by the Town of Grand Chute or the Town of Grand Chute Sanitary District No. 2 with a summons and complaint, returnable to the Municipal Court of the Town of Grand Chute, for a violation of said subsection. Any elected or appointed official of the Town of Grand Chute Sanitary District No. 2, including the Utility Superintendent of the Town of Grand Chute Sanitary District No. 2, may issue the summons and complaint. The summons and complaint shall be served by the Town of Grand Chute Police Department upon the person violating said subsection. Upon conviction thereof, the violator shall pay a forfeiture in the amount as prescribed in the Uniform Forfeiture and Bond Schedules for each violation, together with the costs of prosecution, and in the event of default of payment of such forfeiture and the costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, for a period not to exceed 90 days.
(1)
Where
any person, whether the owner of the real estate or a general contractor
or subcontractor to the owner thereof, is convicted of a violation
more than two times within one calendar year, the owner and contractor/subcontractor
involved with the violation shall be prohibited from obtaining from
the Town of Grand Chute any building permits for a period of one year
following the second conviction within a calendar year. This will
include the loss of the right to receive sanitary and sewer permits
for contractors and subcontractors having violated this article.
(2)
By creation of this article, it is understood and agreed by the Town of Grand Chute and the Town of Grand Chute Sanitary District No. 2 that § 440-3D shall be construed to prohibit the owner of any real estate or his or her agents, contractors or subcontractors from allowing clear water and stormwater to enter the Town of Grand Chute Sanitary District No. 2 sanitary sewers. For example, it has come to the attention of the Town of Grand Chute Sanitary District No. 2 that owners and their contractors, when constructing new homes and buildings within the Town of Grand Chute Sanitary District No. 2, at the time that the foundation is being constructed, allow stormwaters accumulated within the excavation area and foundation area to flow into the Sanitary District sewers by way of removal, knocking off of or other methods allowing such storm drainage to enter the capped or uncapped sanitary sewer which has been brought into and through the foundation but which is required to remain capped and unavailable for use until power is available to the construction premises and any sump pump for stormwater drainage is available and functioning.
F.
Any person violating § 440-3, Use of public sewers required, shall be subject to a forfeiture as set forth in the immediately preceding subsections. Therefore, it is understood that § 440-3, Use of public sewers required, is amended to provide that a violation of said § 440-3, or any part thereof, shall be subject to a forfeiture as set forth above. In addition, any violation of § 440-3, Use of public sewers required, or any violation of the aforementioned ordinances requiring a municipal water meter to be installed and utilized upon all private wells may be further enforced through a Circuit Court order for mandamus petitioned for and obtained by the Town of Grand Chute Sanitary District No. 2. In addition, the Town of Grand Chute Sanitary District No. 2 shall have the right to seek any court order and/or injunctive relief so as to enforce all ordinances amended hereunder and/or all ordinances created hereunder. All costs of the Town of Grand Chute Sanitary District No. 2, being reasonable attorney fees and costs and disbursements incurred in any Circuit Court action initiated so as to require a Circuit Court order mandating a property owner to install a water meter upon a private well, shall be collected as part of the court judgment against the offending property owner.
G.
When municipal
sewers are available to abutting property owners, all such connections
to the municipal sewer mains shall be undertaken and completed within
90 days of the date that sewer main service is made available to the
abutting property. Similarly, for all abutting property to which municipal
water service is made available by the placement and/or extension
of water mains, all buildings shall be connected to the municipal
water system not later than 90 days from the date that service is
first made available. Any violation of this subsection shall be enforced
by way of a summons and complaint in Municipal Court for the Town
of Grand Chute and shall be subject to the forfeiture set forth above.
In addition, the provisions set forth above providing for a court
order to compel hookup to water meter service for private wells are
readopted herein to provide for a statutory provision compelling hookup
to any water mains, all by Circuit Court order as above provided.
A.
Effective January 22, 1982, the Town of Grand Chute
and the Town of Grand Chute Sanitary District No. 2 shall not extend
sewer mains or sewer main laterals or make available sewer services
to parcels of real estate which are not within the municipal boundaries
of either the Town of Grand Chute or the Town of Grand Chute Sanitary
District No. 2.
B.
This section is adopted by the Town of Grand Chute
and the Town of Grand Chute Sanitary District No. 2 pursuant to and
under the authority of § 66.0813, Wis. Stats., as amended.
C.
The Town of Grand Chute has attempted without success
to negotiate with the City of Appleton a statement of policy and procedure
whereby the Town of Grand Chute and/or the Town of Grand Chute Sanitary
District No. 2 and the City of Appleton would provide sewer service
to real estate parcels adjacent but not within their respective municipal
boundaries, where the parcel is not a part of the community that has
sewer mains available for service to the parcel, and further to provide
for the collection by the servicing community, from the parcel not
within the servicing community's municipal boundaries, of the regular
sewer service patron charges. Until such time as a reciprocal and
mutual statement of policy and procedure is agreed in writing between
the Town of Grand Chute and the Town of Grand Chute Sanitary District
No. 2 and the City of Appleton, this section prohibiting sewer main
extensions or sewer main laterals to service parcels which are not
within the municipal boundaries of the Town of Grand Chute or the
Town of Grand Chute Sanitary District No. 2 shall remain in full force
and effect.[1]
A.
Whenever the Board of Commissioners, Town of Grand
Chute Sanitary District No. 2 (sewer service), shall cause to be constructed
a sewer main in any street, alley, easement area or right-of-way within
the Town of Grand Chute Sanitary District No. 2, the District shall
assess abutting property owners, utilizing its police powers, under
the provisions of Chs. 60 and 66, Wis. Stats., in particular § 66.0703(1)(b),
Wis. Stats., as amended. The rate, per front foot of charged special
assessment, for sewer main construction to abutting property owners
shall be as determined by the Board of Commissioners following public
hearing and final resolution procedures under the above-stated statutes.
B.
Assessments shall be charged as per the Town of Grand
Chute Special Assessment Policy approved August 17, 1993.
Each person, firm, corporation or other entity
petitioning the Town of Grand Chute Sanitary District No. 2 for attachment
of properties to the Town of Grand Chute Sanitary District No. 2 shall,
prior to the date that the Town of Grand Chute adopts the required
order for attachment, be required to prepay an amount as prescribed
in the Fee Schedule to reimburse the Town of Grand Chute Sanitary
District No. 2 for required publication costs, attorney fees and engineering
fees. In those cases where the real estate, as petitioned, will be
attached to both Town of Grand Chute Sanitary District No. 1 for water
services and Town of Grand Chute Sanitary District No. 2 for sewer
services and the real estate has the exact, similar description and
scale map, the total reimbursement fee to be paid to the two Sanitary
Districts shall be as prescribed in the Fee Schedule for required
publication costs, attorney fees and engineering fees.
From and following the effective date of adoption
and posting of this article, each lift station installed by the Town
of Grand Chute Sanitary District No. 2 or installed (directly or indirectly)
by a person, firm, corporation or entity subdividing property within
the Town of Grand Chute Sanitary District No. 2 shall be required
to have a lift station high-water warning device similar in nature,
function and quality to those high-water warning devices as then being
installed by the Town of Grand Chute Sanitary District No. 2. The
Town of Grand Chute Sanitary District No. 2 shall designate the type,
model, and manufacturer of the lift station high-water warning device
to be installed in each lift station located within the Town of Grand
Chute Sanitary District No. 2.
A.
All new residential developments and all new commercial
and industrial developments, or additions/expansions of existing commercial
and industrial developments, shall be assessed a service availability
charge (hereafter "SAC"). This charge represents the equity which
existing users presently have in the regional wastewater treatment
facility for reserved capacity.
B.
The SAC shall be assessed on the following basis:
(2)
For commercial and industrial developments, or for additions/expansions of existing commercial and industrial developments, the REU basis will be employed only if the flows, BOD, suspended solids (SS) and phosphorus (P) quantities are known. If any of these constituents are unknown, the appropriate SAC charge can be determined through the following method: determination of residential equivalency based on water meter equivalency, implementing the schedule set forth in the definition of "residential equivalent meter" in § 440-2 of this article.[2]
(3)
For new residential development, the SAC charge shall
be assessed and paid at the time of application for a building permit.
(4)
For new commercial and industrial developments or
additions/expansions, the SAC shall be assessed and paid at the time
of application for a building permit.
C.
For existing commercial and industrial establishments
with known wastewater flow and characteristics, the SAC shall be computed
on a unit loading basis, calculated as shown on the Grand Chute Sanitary
District Sewer Availability Charge and Industrial Waste Fee Schedule
as amended periodically by the Commission. Such schedule shall be
and is a part of this article.
A.
Within 90 days after receipt of notice of the passage
of this article, each person who discharges industrial wastes to a
public sewer shall prepare and file with the Utility Superintendent
a report that shall include pertinent data relating to the quantity
and characteristics of the wastes discharged to the wastewater works.
In addition, each person desiring to make a new connection to a public
sewer for the purpose of discharging industrial waste shall prepare
and file with the Utility Superintendent a report that shall include
actual or predicted data relating to the quantity and characteristics
of the waste to be discharged. The minimum information required is
as follows:
B.
When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by Subsection A, a request for extension of time may be timely presented for consideration of the Utility Superintendent.
C.
If any waters or wastes are discharged or proposed to be discharged into the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 440-6 and which, in the judgment of the Utility Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the Utility Superintendent may, in his sole discretion:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for
discharge into the public sewers.
(3)
Require control over the quantities and rates of discharge.
(4)
Require payment to cover the added costs of handling
and treating the wastes not covered by existing taxes or sewer charges.
(5)
Require any combination of the foregoing conditions
based upon the review and analysis of the Utility Superintendent.
D.
Industrial wastes.
(1)
Each person discharging industrial wastes into a public
sewer shall construct and maintain one or more control manholes or
access points to facilitate observation, measurement and sampling
of his wastes, including domestic sewage.
(2)
Control manholes or access facilities shall be located
and built in a manner acceptable to the Utility Superintendent. If
measuring devices are to be permanently installed, they shall be of
a type acceptable to the Utility Superintendent.
(3)
Control manholes, access facilities and related equipment
shall be installed by the person or entity discharging the waste,
at the expense of the discharging person, and shall be maintained
by the discharging person so as to be in safe condition, accessible
and in proper operating condition at all times. Plans for installation
of the control manholes or access facilities and related equipment
shall be approved by the Utility Superintendent prior to the beginning
of construction.
E.
The volume of flow used for computing industrial waste
collection and treatment charges shall be the metered water consumption
as shown in the records of meter reading maintained by the owner.
F.
In the event that a person discharging industrial
waste into the public sewers produces evidence satisfactory to the
Utility Superintendent that more than 10% of the total annual volume
of water used for all purposes does not reach the public sewer, then
the determination of the volume discharged into the public sewer may
be made a matter of agreement between the Utility Superintendent and
the person.
G.
Devices for measuring the volume of waste discharged
may be required by the Utility Superintendent if this volume cannot
otherwise be determined. Metering devices for determining the volume
of waste shall be installed, owned and maintained by the person discharging
the waste. Following approval and installation, such meters shall
not be removed without the written consent of the Utility Superintendent.
H.
Inspection and sampling.
(1)
Industrial wastes discharged into the public sewers
shall be subject to periodic inspection and a determination of character
and concentration of said wastes. The determinations shall be made
by the industry as often as may be deemed necessary by the Utility
Superintendent.
(2)
Samples shall be collected in such a manner as to
be representative of the composition of the wastes. The sampling may
be accomplished either manually or by the use of mechanical equipment
acceptable to the Utility Superintendent.
(3)
Installation, operation and maintenance of the sampling
facilities shall be the responsibility of the person discharging the
waste and shall be subject to the approval of the Utility Superintendent.
Access to sampling locations shall be granted to the Utility Superintendent
or his duly authorized representatives at all reasonable items upon
request. Care shall be exercised in the collection of samples to ensure
their preservation in a state comparable to that at the time the sample
was taken.
I.
The Utility Superintendent may, at his option, install such structures and equipment and perform monitoring, sampling and laboratory analyses called for in Subsections D through H above. In such cases, all structures and equipment shall be considered a part of the wastewater treatment works, and the cost of construction, operation and maintenance of the same shall be incorporated in the service charge of the industrial user.
J.
When, in the opinion of the Utility Superintendent
and in accordance with 40 CFR 403 (as well as 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 so discharging shall
provide, at his expense, such preliminary treatment or processing
facility as the Utility Superintendent may determine necessary to
render his waste acceptable for admission to the public sewers.
K.
Grease, oil and sand interceptors shall be provided by the owner, at his expense, when in the opinion of the Utility Superintendent they are necessary for the proper handling of liquid wastes as described in § 440-6 or any flammable wastes, sands or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Utility Superintendent and shall be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured materials and shall maintain records of the dates and means of disposal which are subject to review by the Utility Superintendent. Any removal and handling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
L.
Measurements, tests and analyses.
(1)
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined by a certified laboratory in accordance with 40 CFR
136 and in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater published by the American
Public Health Association. Sampling methods, locations, times, duration
and frequencies are to be determined on an individual basis and subject
to approval by the Utility Superintendent.
(2)
Determination of the character and concentration of
the industrial wastes shall be made by the person discharging them,
or his agent, as designated and required by the Utility Superintendent.
The Utility Superintendent may also make his own analysis on the wastes,
and these determinations shall be binding as a basis for treatment
service charges.
M.
Plans, specifications and any other pertinent information
relating to proposed flow equalization, pretreatment or processing
facilities shall be submitted for review of the Utility Superintendent
prior to the start of their construction if the effluent from such
facilities is to be discharged into the public sewers.
[Adopted 6-12-2007 by Ord. No. 2007-03 (Ch. 23 of the 1997 Code)]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Town
of Grand Chute through the regulation of nonstormwater discharges
to the MS4 to the maximum extent practicable as required by federal
and state law. This article establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the Wisconsin
Pollutant Discharge Elimination System (WPDES) permit process. The
objectives of this article are to:
A.
Regulate the contribution of pollutants to the MS4
by stormwater discharges by any user.
B.
Prohibit illicit connections and discharges to the
MS4.
C.
Establish legal authority to carry out all inspection,
surveillance, monitoring, and enforcement procedures necessary to
ensure compliance with this article.
For the purposes of this article, the following
terms shall have the meanings indicated:
The Town of Grand Chute Community Development Director and
all employees or designees of said Director, including but not limited
to building inspectors, code enforcement officers, permit technicians,
interns and consultants.
Structural or nonstructural measures, practices, techniques
or devices employed to avoid or minimize soil, sediment or pollutants
carried in runoff to waters of the state.
Stormwater that comes into contact with material handling
equipment or activities, raw materials, intermediate products, final
products, waste materials, by-products or industrial machinery in
the source areas listed in Ch. NR 216, Wis. Adm. Code (effective August
1, 2004).
The Wisconsin Department of Natural Resources.
As defined in Ch. 283, Wis. Stats. (November 1, 2005). When
used without qualification includes a discharge of any pollutant.
As defined in Ch. 283, Wis. Stats. (November 1, 2005), means
any addition of any pollutant to the waters of this state from any
point source.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Either of the following:
Any drain or conveyance, whether on the surface
or subsurface, that allows an illicit discharge to enter the MS4,
including but not limited to any conveyances that allow any nonstormwater
discharge, including sewage, process wastewater, and wash water, to
enter the MS4 and any connections to the MS4 from indoor drains and
sinks, regardless of whether said drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency;
or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater, except discharges authorized
by a WPDES permit or other discharge not requiring a WPDES permit,
such as landscape irrigation, individual residential car washing,
firefighting, diverted stream flows, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air-conditioning condensation, irrigation water,
lawn watering, flows from riparian habitats and wetlands, and similar
discharges.
Activities subject to WPDES industrial permits per Ch. NR
216, Wis. Adm. Code (effective August 1, 2004), and Ch. 283, Wis.
Stats. (November 1, 2005).
The Town of Grand Chute Town Board of Supervisors.
Any city, town, village, county, county utility district,
town sanitary district, town utility district, school district or
metropolitan sewage district or any other public entity created pursuant
to law and having authority to collect, treat or dispose of sewage,
industrial wastes, stormwater or other wastes.
As defined in Ch. NR 216, Wis. Adm. Code (effective August
1, 2004), a conveyance or system of conveyances, including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, constructed channels or storm drains, which meets all the
following criteria:
It is owned or operated by a municipality.
It is designed or used for collecting or conveying
stormwater.
It is not a combined sewer conveying both sanitary
sewage and stormwater.[1]
It is not part of a publicly owned wastewater
treatment works that provides secondary or more stringent treatment.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
Any person holding fee title, an easement or other interest
in property.
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
As defined in Ch. 283, Wis. Stats. (November 1, 2005), any
dredged spoil, solid waste, incinerator residue, sewage, garbage,
refuse, oil, sewage sludge, munitions, chemical wastes, biological
materials, radioactive substance, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
As defined in Ch. 283, Wis. Stats. (November 1, 2005), any
man-made or man-induced alteration of the chemical, physical, biological
or radiological integrity of water.
Taking measures to eliminate or reduce pollution.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Runoff from precipitation, including rain, snow, ice melt
or similar water, that moves on the land surface via sheet or channelized
flow.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A natural or artificial channel through which water flows.
These channels include all blue and dashed blue lines on the United
States Geological Survey (USGS) quadrangle maps, all channels shown
on the soils maps in the Natural Resources Conservation Service (NRCS)
soils book for Outagamie County, all channels identified on the site,
and new channels that are created as part of a development. The term
"watercourse" includes waters of the state as herein defined.
As defined in Ch. 283, Wis. Stats. (November 1, 2005), those
portions of Lake Michigan and Lake Superior within the boundaries
of Wisconsin and all lakes, bays, rivers, streams, springs, ponds,
wells, impounding reservoirs, marshes, watercourses, drainage systems
and other surface water or groundwater, natural or artificial, public
or private, within the state or under its jurisdiction, except those
waters which are entirely confined and retained completely upon the
property of a person.
A Wisconsin Pollutant Discharge Elimination System permit
issued pursuant to Ch. 283, Wis. Stats. (November 1, 2005).
This article shall apply to all water entering
the MS4 generated on any lands unless explicitly exempted by an authorized
enforcement agency.
The authorized enforcement agency and/or its
agents shall administer, implement, and enforce the provisions of
this article. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the director of
the authorized enforcement agency to persons or entities acting in
the beneficial interest of or in the employ of the agency.
This article is not intended to modify or repeal
any other ordinance, rule, regulation, or other provision of law.
The requirements of this article are in addition to the requirements
of any other ordinance, rule, regulation, or other provision of law,
and where any provision of this article imposes restrictions different
from those imposed by any other ordinance, rule, regulation, or other
provision of law, whichever provision is more restrictive or imposes
higher protective standards for human health or the environment shall
control.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore this article
does not intend or imply that compliance by any person will ensure
that there will be no contamination, pollution, or unauthorized discharge
of pollutants.
A.
Prohibition of illicit discharges. No person shall
throw, drain, or otherwise discharge, cause, or allow others under
its control to throw, drain, or otherwise discharge into the MS4 any
pollutants or waters containing any pollutants, other than stormwater.
B.
Allowed discharges. The following are allowed discharges:
(1)
Waterline flushing, landscape irrigation, diverted
stream flows, rising groundwater, uncontaminated pumped groundwater,
discharges from potable water sources, foundation drains, air-conditioning
condensation, irrigation water, springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming
pool discharges, and street wash water.
(2)
Discharges or flow from firefighting and other discharges
specified in writing by the authorized enforcement agency as being
necessary to protect public health and safety.
(3)
Discharges associated with dye testing; however, this
activity requires a verbal notification to the authorized enforcement
agency and the Department of Natural Resources a minimum of one day
prior to the time of the test.
(4)
Any nonstormwater discharge permitted under a WPDES
permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Wisconsin Department of
Natural Resources. Any person subject to such a WPDES stormwater discharge
permit shall comply with all provisions of such permit.
C.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the MS4
or allows such a connection to continue.
(4)
Improper connections in violation of this article
must be disconnected and redirected, if necessary, to an approved
on-site wastewater management system or the sanitary sewer system
upon approval of the authorized enforcement agency.
(5)
Any drain or conveyance that has not been documented
in plans, maps or equivalent and which may be connected to the storm
sewer system shall be located by the owner or occupant of that property
upon receipt of written notice of violation from the authorized enforcement
agency requiring that such locating be completed. Such notice will
specify a reasonable time period within which the location of the
drain or conveyance is to be determined, that the drain or conveyance
be identified as storm sewer, sanitary sewer or other, and that the
outfall location or point of connection to the storm sewer system,
sanitary sewer system or other discharge point be identified. Results
of these investigations are to be documented and provided to the authorized
enforcement agency.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
A.
Right of entry; inspecting and sampling. The authorized
enforcement agency shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article.
(1)
If a discharger has security measures in force which
require proper identification and clearance before entry into its
premises, the discharger shall make the necessary arrangements to
allow access to representatives of the authorized enforcement agency.
(2)
Facility operators shall allow the authorized enforcement
agency ready access to all parts of the premises for the purposes
of inspection, sampling, examination and copying of records.
(3)
The authorized enforcement agency shall have the right
to set up on any facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(4)
The authorized enforcement agency has the right to
require the discharger to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure stormwater flow and
quality shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the authorized enforcement agency and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6)
Unreasonable delay in allowing the authorized enforcement
agency access to a facility is a violation. A person who is the operator
of a facility commits an offense if the person denies the authorized
enforcement agency reasonable access to the facility for the purpose
of conducting any activity authorized or required by this article.
B.
Special inspection warrant. If the authorized enforcement
agency has been refused access to any part of the premises from which
stormwater is discharged and it is able to demonstrate probable cause
to believe that there may be a violation of this article or that there
is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this article
or any order issued hereunder or to protect the overall public health,
safety, and welfare of the community, then the authorized enforcement
agency may seek issuance of a special inspection warrant per § 66.0119,
Wis. Stats.
The owner or operator of any activity, operation,
or facility which may cause or contribute to pollution or contamination
of stormwater, the MS4, or waters of the state shall provide, at its
own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal MS4 or watercourses through
the use of these structural and nonstructural BMPs. Further, any person
responsible for a property or premises that is or may be the source
of an illicit discharge may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the MS4. Compliance with all terms
and conditions of a valid WPDES permit authorizing the discharge of
stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a stormwater management plan (SWMP)/stormwater
pollution prevention plan (SWPPP) as necessary for compliance.
A.
Notwithstanding other requirements of law, as soon
as any person responsible for a facility or operation or responsible
for emergency response for a facility or operation has information
of any known or suspected release of materials which are resulting
or may result in illicit discharges or pollutants discharging into
stormwater, the MS4, or waters of the state, said person shall take
all necessary steps to ensure the discovery, containment, and cleanup
of such release. In the event of such a release of hazardous materials,
said person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services. In the event of a
release of nonhazardous materials, said person shall notify the authorized
enforcement agency in person or by phone or facsimile no later than
the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the authorized
enforcement agency within 72 hours of the phone notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least seven years.
B.
Failure to provide notification of a release as provided
above is a violation of this article.
A.
Violations.
(1)
It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this article.
Any person who has violated or continues to violate the provisions
of this article may be subject to the enforcement actions outlined
in this section or may be restrained by injunction or otherwise abated
in a manner provided by law.
(2)
In the event that the violation constitutes an immediate danger to public health or public safety, the authorized enforcement agency is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The authorized enforcement agency is authorized to seek costs of the abatement as outlined in § 440-31.
B.
Warning notice. When the authorized enforcement agency
finds that any person has violated, or continues to violate, any provision
of this article or any order issued hereunder, the authorized enforcement
agency may serve upon that person a written warning notice specifying
the particular violation believed to have occurred and requesting
the discharger to immediately investigate the matter and to seek a
resolution whereby any offending discharge will cease. Investigation
and/or resolution of the matter in response to the warning notice
in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the warning notice. Nothing in
the subsection shall limit the authority of the authorized enforcement
agency to take action, including emergency action or any other enforcement
action, without first issuing a warning notice.
C.
Notice of violation.
(1)
Whenever the authorized enforcement agency finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the authorized enforcement agency may order compliance
by written notice of violation to the responsible person.
(2)
The notice of violation shall contain:
(a)
The name and address of the alleged violator;
(b)
The address when available or a description
of the building, structure or land upon which the violation is occurring
or has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to restore compliance with this article and a time schedule for the
completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(f)
A statement that the determination of violation
may be appealed to the authorized enforcement agency by filing a written
notice of appeal within three days of service of notice of violation;
and
(g)
A statement specifying that, should the violator
fail to restore compliance within the established time schedule, the
work will be done by a designated governmental agency or contractor
and the expense thereof shall be charged to the violator.
(3)
Such notice may require, without limitation:
(a)
The performance of monitoring, analyses, and
reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations
shall cease and desist;
(d)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and
remediation costs; and
(f)
The implementation of BMPs.
D.
Suspension of MS4 access.
(1)
Emergency cease and desist orders.
(a)
When the authorized enforcement agency finds
that any person has violated, or continues to violate, any provision
of this article or any order issued hereunder, or that the person's
past violations are likely to recur, and that the person's violation(s)
has (have) caused or contributed to an actual or threatened discharge
to the MS4 or waters of the United States which reasonably appears
to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the authorized enforcement
agency may issue an order to the violator directing it immediately
to cease and desist all such violations and directing the violator
to:
(b)
Any person notified of an emergency order directed
to it under this subsection shall immediately comply and stop or eliminate
its endangering discharge. In the event of a discharger's failure
to immediately comply voluntarily with the emergency order, the authorized
enforcement agency may take such steps as deemed necessary to prevent
or minimize harm to the MS4 or waters of the United States and/or
endangerment to persons or to the environment, including immediate
termination of a facility's water supply, sewer connection, or other
municipal utility services. The authorized enforcement agency may
allow the person to recommence its discharge when it has demonstrated
to the satisfaction of the authorized enforcement agency that the
period of endangerment has passed, unless further termination proceedings
are initiated against the discharger under this article. A person
that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing
the causes of the harmful discharge and the measures taken to prevent
any future occurrence, to the authorized enforcement agency within
72 hours of receipt of the emergency order. Issuance of an emergency
order shall not be a bar against, or a prerequisite for, taking any
other action against the violator.[1]
(2)
Suspension due to illicit discharges in emergency
situations. The authorized enforcement agency may, without prior notice,
suspend MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the state. If the
violator fails to comply with a suspension order issued in an emergency,
the authorized enforcement agency may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the United States
or to minimize danger to persons.
(3)
Suspension due to the detection of illicit discharge.
(a)
Any person discharging to the MS4 in violation
of this article may have its MS4 access terminated if such termination
would abate or reduce an illicit discharge. The authorized enforcement
agency will notify a violator of the proposed termination of its MS4
access. The violator may petition the authorized enforcement agency
for a reconsideration and hearing.
(b)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the authorized enforcement agency.
E.
Prosecution and penalties.
(1)
Any person that has violated or continues to violate
this article shall be liable to prosecution to the fullest extent
of the law. In the event that the alleged violator fails to take the
remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within the set time
period specified by the authorized enforcement agency, after the authorized
enforcement agency has taken one or more of the actions described
above, the violator shall be subject to a penalty as prescribed in
the Uniform Forfeiture and Bond Schedules for each day the violation
remains unremedied after receipt of the notice of violation.[2]
(2)
Prosecution of violation. If the notice of violation
is not complied with promptly, the authorized enforcement agency shall
request the Town Attorney to institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation,
and the violator shall, upon conviction thereof, be fined as provided
hereinbefore for each violation together with the costs of prosecution.
Each day that a violation continues shall be deemed a separate offense.[3]
(3)
Abatement of violation. The imposition of the penalties
herein prescribed shall not preclude the Town Attorney from instituting
appropriate action to prevent, correct or abate a violation or to
stop an unlawful or illegal act.
(4)
The authorized enforcement agency shall have the option
and authority to prosecute any citation or civil forfeiture in either
the Town of Grand Chute Municipal Court or Outagamie County Circuit
Court. With respect to any action to prevent, correct or abate a violation,
or any other cause of action provided for in this article or by the
laws of the State of Wisconsin, the same shall be brought in Outagamie
County Circuit Court unless otherwise provided by law.
Any person receiving a notice of violation may
appeal the determination of the authorized enforcement agency. The
notice of appeal must be received by the authorized entity within
three days from the date of the notice of violation. Hearing on the
appeal before the appropriate authority or its designee shall take
place within 45 days from the date of receipt of the notice of appeal.
The appeal shall be heard by the Town Board of Supervisors, which
shall be defined as the "municipal authority" for purposes of this
article.
If the violation has not been corrected pursuant
to the requirements set forth in the notice of violation or, in the
event of an appeal, the municipal authority upheld the decision of
the authorized enforcement agency, then representatives of the authorized
enforcement agency are authorized to enter upon the subject private
property and authorized to take any and all measures necessary to
abate the violation. It shall be unlawful for any person, owner, agent
or person in possession of any premises to refuse to allow the government
agency or designated contractor to enter upon the premises for the
purposes set forth above.
Within 60 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. If the amount due is not paid by the
date determined by the municipal authority, the charges shall become
a special charge against the property and shall constitute a lien
on the property.
Any condition in violation of any of the provisions
of this article and declared and deemed a nuisance may be summarily
abated or restored at the violator's expense.
A.
The remedies listed in this article are not exclusive
of any other remedies available under any applicable federal, state
or local law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
B.
The authorized enforcement agency may recover all
attorney fees, court costs and other expenses associated with enforcement
of this article, including sampling and monitoring expenses.
Nothing contained in this article shall require
the Town of Grand Chute or the authorized enforcement agency to engage
in any enforcement obligations that exceed the obligations required
under the laws of the State of Wisconsin, including but not limited
to Ch. NR 216, Wis. Adm. Code.
