[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.
BOD (denoting "biochemical oxygen demand")
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.
BUILDING DRAINAGE SEWER
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.
BUILDING SANITARY SEWER
A sewer which carries only sewage and industrial wastes from
the building plumbing to the public sanitary sewer.
COMBINED SEWER
A sewer receiving both direct surface runoff and sewage.
FLOATABLE OIL
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.
GARBAGE
Solid wastes from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of produce.
INDUSTRIAL USER
A.
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:
(1)
Division A, Agriculture, Forestry and Fishing.
(3)
Division D, Manufacturing.
(4)
Division E, Transportation, Communications,
Electric, Gas and Sanitary Services.
B.
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.
INDUSTRIAL WASTES
The liquid wastes from industrial processes, as distinct
from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
OPERATION AND MAINTENANCE COSTS
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.
PERSON
Any individual, firm, company, association, society, corporation,
or group.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
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.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
RESIDENTIAL EQUIVALENT METER
A.
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:
|
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
|
B.
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.
RESIDENTIAL UNITS
The volume of sewage discharged by a nonmetered customer
as compared to a single-family residence based on the residential
meter equivalency.
RESTAURANT USERS
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:
A.
Biochemical oxygen demand (BOD): 1,000 milligrams per liter.
B.
Suspended solids (SS): 500 milligrams per liter.
C.
Phosphorus (P): 20 milligrams per liter.
SANITARY SEWAGE
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.
Biochemical oxygen demand (BOD): 200 milligrams
per liter.
B.
Suspended solids: 200 milligrams per liter.
C.
Other: no substances as prohibited or limited in §
440-6.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
STORM SEWER or STORM DRAIN
A sewer which carries stormwater or surface water and drainage
but excludes sewage and polluted industrial wastes.
TOTAL SUSPENDED SOLIDS
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.
UTILITY SUPERINTENDENT
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.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
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.
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.
[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:
AUTHORIZED ENFORCEMENT AGENCY
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.
BEST MANAGEMENT PRACTICES (BMPS)
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.
CONTAMINATED STORMWATER
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).
DISCHARGE
As defined in Ch. 283, Wis. Stats. (November 1, 2005). When
used without qualification includes a discharge of any pollutant.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTION
Either of the following:
A.
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
B.
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.
ILLICIT DISCHARGE
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.
INDUSTRIAL ACTIVITY
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).
MUNICIPALITY
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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:
A.
It is owned or operated by a municipality.
B.
It is designed or used for collecting or conveying
stormwater.
C.
It is not a combined sewer conveying both sanitary
sewage and stormwater.
D.
It is not part of a publicly owned wastewater
treatment works that provides secondary or more stringent treatment.
OUTFALL
The point at which stormwater is discharged to waters of
the state or to a storm sewer.
OWNER
Any person holding fee title, an easement or other interest
in property.
PERSON
An individual, owner, operator, corporation, partnership,
association, municipality, interstate agency, state agency or federal
agency.
POLLUTANT
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.
POLLUTION
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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORMWATER
Runoff from precipitation, including rain, snow, ice melt
or similar water, that moves on the land surface via sheet or channelized
flow.
STORMWATER MANAGEMENT PLAN/STORMWATER POLLUTION PREVENTION PLAN
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.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
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.
WATERS OF THE STATE
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.
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.
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.
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.
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.
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.