[Adopted 12-10-1996 (Title 5, Ch. 2 of the 1988 Code)]
As used in this article, the following terms shall have the
meanings indicated. "Shall" is mandatory; "may" is permissible.
The Village Board or its duly authorized agent or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed as milligrams
per liter (mg/l). Quantitative determination of BOD shall be made
in accordance with procedures set forth in Standard Methods.
That part of the lowest horizontal piping of a drain system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer.
A sanitary sewer which begins immediately outside of the
foundation wall of any building or structure being served and ends
at its connection to the public sewer.
Those sanitary sewer users who discharge normal domestic
strength wastewater with concentrations of BOD, suspended solids and
phosphorus no greater than the concentrations identified in the current
user charge system.
Those sanitary sewer users who discharge wastewater with
concentrations in excess of domestic strength wastewater as identified
in the current user charge system. Users whose wastewater exceeds
the concentration for any one of these parameters shall be in Category
B.
The amount of chlorine, in mg/l, which must be added to sewage
to produce a chlorine residual as specified in the Wisconsin Pollutant
Discharge Elimination System (WPDES) permit, if required by the current
WPDES permit.
A sewer intended to receive both wastewater and stormwater
or surface water.
Biochemical oxygen demand (BOD), suspended solids, phosphorous,
ammonia, nitrogen, TKN, pH or fecal coliform bacteria, plus additional
pollutants identified in the municipality's WPDES permit for
its wastewater treatment facility, provided that such facility is
designed to treat such additional pollutants and, in fact, does remove
such pollutants to a substantial degree.
An acquired legal right for the specified use of land owned
by others.
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.
The residue from the preparation, cooking, dispensing, handling,
storage and sale of food products and produce that has been shredded
to such a degree that all particles will be carried freely in suspension
under the flow conditions normally prevailing in public sewers with
no particle greater than 1/2 inch in any dimension.
Wastewater with pollutants that will adversely affect the
wastewater treatment facilities or disrupt the quality of wastewater
treatment if discharged to the wastewater treatment facilities.
Any solid, liquid or gaseous substance discharged or escaping
from any industrial, manufacturing or commercial establishment. Such
term includes any wastewater which is not sanitary sewage.
The Village of Stratford.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Ammonia nitrogen, expressed in mg/l of NH3N.
Wastewater with concentrations of BOD no greater than 220
mg/l, suspended solids no greater than 230 mg/l and phosphorus no
greater than seven mg/l.
Includes all costs associated with the operation and maintenance
of the wastewater treatment facilities, including administration and
replacement costs, all as determined from time to time by the municipality.
Any and all persons, including any individual, firm, company,
municipality or private corporation, association, society, institution,
enterprise, governmental agency or other entity.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen-ion concentration of 10-7.
Total phosphorus and is expressed in mg/l of P (phosphorus).
A treatment works including any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage and industrial waste. The systems include sewers, pipes and
equipment used to convey wastewater to the treatment facility. The
term also includes the municipality that owns and operates the facilities.
Any publicly owned sewer, storm drain, sanitary sewer or
combined sewer.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
wastewater treatment facility to maintain the capacity and performance
for which such facilities were designed and constructed.
The combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries sewage or wastewater.
The spent water of a person or community. The preferred term
is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation, maintenance and replacement
expenses, debt service costs and other expenses or obligations of
said facilities.
Shall have the same meaning as "user charge system" as referred
to in Ch. NR 162, Wis. Adm. Code.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration of flows during normal operation and/or
adversely affects the collection system and/or performance of the
wastewater treatment facility.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater published jointly by the American Public Health Association,
the American Water Works Association, and the Water Environment Federation.[1]
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Expressed in mg/l shall mean total suspended matter that
either floats on the surface of or is in suspension in water, wastewater
or other liquids and that is removable by laboratory filtering as
prescribed in Standard Methods for the Examination of Water and Wastewater
and referred to as "nonfilterable residue."
The sum of organic nitrogen and ammonia nitrogen.
Water quality equal to or better than the effluent of the
wastewater treatment facilities or water that would not cause violation
of receiving water quality standards and would not be benefited by
discharge to the sanitary sewers and wastewater treatment facilities.
The spent water of a community or person. From the standpoint
of source, it may be a combination of the liquid and water-carried
wastes from residences, commercial buildings, industrial plants and
institutions together with any groundwater, surface water and stormwater
that may be present.
The structures and equipment required to collect and carry
wastewater.
An arrangement of devices and structures for treating wastewater
and biosolids. Also referred to as "wastewater treatment plant."
A document issued by the State of Wisconsin which establishes
effluent limitations and monitoring requirements for the municipal
wastewater treatment facility.
A.
Sanitary sewers. No person(s) shall discharge or cause to be discharged
any unpolluted waters such as stormwater, groundwater, roof runoff,
subsurface drainage, or cooling water to any sanitary sewer.
B.
Storm sewers. Stormwater and all other unpolluted water shall be
discharged to such sewers as are specifically designated as combined
sewers or storm sewers or to a natural outlet approved by the approving
authority and other regulatory agencies. Unpolluted industrial cooling
water or process water may be discharged, on approval of the approving
authority and other regulatory agencies, to a storm sewer, combined
sewer or natural outlet.
C.
Prohibitions and limitations. Except as hereinafter provided, no
person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, that could injure or interfere with any waste treatment
or sludge disposal process, constitute a hazard to humans or animals,
or create a public nuisance in the receiving waters of the wastewater
treatment facility.
(3)
Any waters or wastes having a pH lower than 5.0 or in excess of 9.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment and personnel of the wastewater treatment
facilities.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in public sewers or other interference
with the proper operation of the wastewater treatment facilities,
such as, but not limited to, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, underground garbage,
whole blood, paunch manure, hair and fleshing, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
(5)
The following described substances, materials, waters, or wastes
shall be limited in discharges to sanitary sewer systems to concentrations
or quantities which will not harm either the sanitary sewers, wastewater
treatment process or equipment; will not have an adverse effect on
the receiving stream; or will not otherwise endanger lives, limb,
or public property or constitute a nuisance. The approving authority
may set limitations more stringent than those established below if
such more stringent limitations are necessary to meet the above objectives.
The approving authority will give consideration to the quantity of
subject waste in relation to flows and velocities in the sewers, materials
of construction of the sanitary sewers, the wastewater treatment facility,
and other pertinent factors. Wastes or wastewaters discharged to the
sanitary sewers shall not exceed the following limitations:
(a)
Wastewater having a temperature higher than 150° F. (65°
C.).
(b)
Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable
cutting oils or products of mineral oil origin.
(c)
Wastewater from industrial plants containing floatable oils,
fat or grease.
(d)
Any unground garbage. Garbage grinders may be connected to sanitary
sewers from homes, hotels, institutions, restaurants, hospitals, catering
establishments, or similar places where garbage originates from the
preparation of food in kitchens for the purpose of consumption on
the premises or when served by caterers.
(e)
Any waters or wastes containing iron, chromium, copper, zinc
and other toxic and nonconventional pollutants to such degree that
the concentration exceeds levels specified by federal, state and local
authorities.
(f)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the approving authority or limits
established by any federal or state statute, rule or regulation.
(g)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the approving authority in compliance
with applicable state or federal regulations.
(h)
Any waters or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes employed
or are amenable to treatment only to such degree that the wastewater
treatment facility effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
(i)
Any water or wastes which, by interaction with other water or
wastes in the sanitary sewer system, release obnoxious gases, form
suspended solids or create a condition deleterious to structures and
treatment processes.
(j)
Materials which exert or cause:
[1]
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment facility.
[2]
Unusual volume of flow or concentration of wastes constituting
slugs, as defined herein.
[3]
Unusual concentrations of inert suspended solids (such as, but
limited to, fuller's earth, lime slurries and lime residues)
or of dissolved solids (such as, but not limited to, sodium sulfate).
[4]
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
(k)
Incompatible pollutants in excess of the allowed limits as determined
by local, state and federal laws and regulations by the Environmental
Protection Agency (EPA), 40 CFR 403, as amended from time to time.
D.
WPDES permit. No person shall cause or permit a discharge into the
sanitary sewers that would cause a violation of the municipality's
WPDES permit and any modifications thereof.
E.
Special arrangements. No statement contained in this article shall
be construed as prohibiting any special agreement between the approving
authority and any person whereby a waste of unusual strength or character
may be admitted to the wastewater treatment facilities, either before
or after pretreatment, provided that there is no impairment of the
functioning of the wastewater treatment facilities by reason of the
admission of such wastes and no extra costs are incurred by the municipality
without recompense by the person, and further provided that all rates
and provisions set forth in this article are recognized and adhered
to.
F.
New connections. A new connection to the municipality's sanitary
sewer system will be allowed only if there is available capacity in
all of the downstream wastewater collection and treatment facilities.
A.
Submission of basic data. The approving authority may require each
person who discharges or seeks to discharge industrial wastes to a
public sewer to prepare and file with the approving authority, at
such times as it determines, a report that shall include pertinent
data relating to the quantity and characteristics of the wastes discharged
to the wastewater treatment facilities. In the case of a new connection,
the approving authority may require that this report be prepared prior
to making the connection to the public sewers.
B.
Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 480-9 and which in the judgment of the approving authority have a deleterious effect upon the wastewater treatment facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the approving authority may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers;
(3)
Require control over the quantities and rates of discharge; and/or
(4)
Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges under the
provisions of this article.
C.
Dilution prohibition. No industrial user shall increase the use of
process water or dilute a discharge as a substitute for adequate treatment
to achieve compliance with any pretreatment standard or requirement.
D.
Spill prevention and slug control plans.
(1)
Industrial users.
(a)
Industrial users shall provide protection from accidental discharge
of materials which may interfere with the POTW by developing spill
prevention plans. Facilities necessary to implement these plans shall
be provided and maintained at the owner's or industrial user's
expense. Spill prevention plans, including the facilities and the
operating procedures, shall be approved by the POTW before construction
of the facility.
(b)
Industrial users that store hazardous substances shall not contribute
to the POTW after the effective date of this article unless a spill
prevention plan has been approved by the POTW. Approval of such plans
shall not relieve the industrial user from complying with all other
laws and regulations governing the use, storage, and transportation
of hazardous substances.
(2)
The POTW shall evaluate each significant industrial user at least
once every two years, and other industrial users as necessary, to
determine whether such user needs a plan to control slug discharges.
If the POTW decides that a slug control plan is needed, the plan shall
contain, at a minimum, the following elements:
(a)
Description of discharge practices, including nonroutine batch
discharges.
(b)
Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under § 480-9C, with procedures for follow-up written notification within five days.
(c)
If necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response.
E.
Notification.
(1)
Discharge.
(a)
In the case of any discharge in violation of this article or permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug loadings, as defined in § 480-8 of this article, the industrial user shall immediately notify the POTW or the Village Clerk of the discharge by telephone. The notification shall include:
(b)
Within five days following such a discharge the user shall submit
a written report describing the cause of the discharge and the measures
that will be taken by the user to prevent similar future discharges.
(c)
Such notification shall not relieve the user of any expense,
loss, damage or other liability resulting from the discharge, nor
shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed under this article or other
applicable state or federal law.
(2)
Notification of changed discharge. All industrial users shall promptly
notify the POTW in advance of any substantial change in the volume
or character of pollutants in their discharge, including the listed
or characteristic hazardous wastes for which the industrial user has
submitted initial notification under 40 CFR 403.12(p).
F.
Employee training. The industrial user shall permanently post a notice
in a prominent place advising all employees to call the POTW or the
Police Department in the event of a dangerous discharge for which
notification is required. Employers shall advise all employees who
may cause or be injured by such a discharge of the emergency notification
procedure.
G.
Records.
(1)
Users shall retain and make available upon request of authorized
representatives of the POTW, the state, or the EPA all records required
to be collected by the user pursuant to this article or any permit
or order issued pursuant to this article.
(2)
These records shall remain available for a period of at least three
years after their collection.
(3)
This period shall be extended during any litigation concerning compliance
with this article or permit conditions.
H.
Analytical requirements. All analyses, including sampling results
submitted in support of any application reports or evidence or required
by any permit or order, shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136 and amendments thereto or,
if 40 CFR Part 136 does not contain sampling or analytical techniques
for the pollutant in question, in accordance with procedures approved
by the EPA.
I.
Confidential information.
(1)
Information and data (other than effluent data) about a user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public unless
the user specifically requests and is able to demonstrate to the satisfaction
of the POTW that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. Any such request must be asserted at the time
of submission of the information or data. When such a confidentiality
claim is asserted, the information shall be treated as such until
a determination is made by the POTW. Effluent data shall be available
to the public without restriction.
(2)
When the person furnishing a report satisfies the POTW that such person has made the demonstration required by Subsection I(1), the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this article, the WPDES permit or the pretreatment program. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.
J.
Right of entry. Representatives of the POTW, the state and EPA, upon
showing proper identification, shall have the right to enter and inspect
the premises of any user who may be subject to the requirements of
this article. Industrial users shall allow authorized representatives
of the POTW, state and EPA access to all premises for the purpose
of inspecting, sampling, examining records or copying records in the
performance of their duties. Authorized representatives of the POTW,
state and EPA shall have the right to place on the user's property
such devices as are necessary to conduct sampling and monitoring.
Where a user has security or safety measures in force which would
require clearance, training, or wearing of special protective gear,
the user shall make necessary arrangements, at its own expense, to
enable authorized representatives of the POTW, state, and EPA to enter
and inspect the premises as guaranteed by this subsection.
K.
Control manholes.
(1)
Each person discharging industrial wastes into a public sewer shall,
at the discretion of the approving authority, construct and maintain
one or more control manholes or access points to facilitate observation,
measurement and sampling of wastes, including sanitary sewage. Control
manholes or access facilities shall be located and built in a manner
acceptable to the approving authority. If measuring and/or sampling
devices are to be permanently installed, they shall meet the following
minimum guidelines:
(a)
A minimum six-foot diameter manhole with steps and a bench for
setting of equipment shall be installed. These manholes shall have
a minimum opening of 24 inches in diameter with a cast-iron manhole
cover or lockable lid. These sampling manholes shall be located at
least 15 feet downstream of any bends, junctions or manholes. Maximum
slope of upstream pipe shall be 2%.
(b)
All manholes shall be installed with flow measuring devices
such as a Parshall Flume, Palmer-Bowlus Flume, subsonic flume, or
other suitable device as approved by the approving authority. An integral
staff gauge shall be provided with each unit with measurements in
hundredths of a foot. Flume size and type depend on flow rates anticipated
and accuracy desired.
(c)
A flow metering device shall be provided. The metering device
shall be a bubbler, ultrasonic or subsonic device. Flow shall be indicated,
totalized, and recorded. A 4-20 ma signal or pulse proportional to
flow shall be outputted to a sampler for flow proportional sampling.
(d)
A refrigerated flow proportional sampler shall be furnished,
suitable for composite or hourly sampling (24 intervals).
(e)
Plans for the aforementioned facilities shall be prepared by
a licensed professional engineer.
(f)
Plans, specification and hydraulic calculations shall be submitted
to the approving authority.
(2)
Control manholes, access facilities and related equipment shall be
installed by the person discharging the waste, at his expense, and
shall be maintained by him so as to be in safe condition, accessible
and in proper operating condition at all times.
L.
Hazardous waste notification.
(1)
Any industrial user, except as specified in Subsection L(5) below, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR Part 261 shall notify the POTW in writing of such discharge.
(2)
All hazardous waste notifications shall include:
(a)
The name of the hazardous waste as set forth in 40 CFR Part
261;
(b)
The EPA hazardous waste number;
(c)
The type of discharge (continuous, batch, or other); and
(d)
A certification that the user has a program in place to reduce
the volume and toxicity of hazardous wastes generated to the degree
it has determined to be economically practical.
(3)
In addition to the information submitted in Subsection L(2) above, industrial users discharging more than 100 kilograms of hazardous waste per calendar month to the POTW shall provide, to the extent such information is known and readily available to the industrial user:
(a)
An identification of the hazardous constituents contained in
the waste;
(b)
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month; and
(c)
An estimation of the mass of constituents in the waste stream
expected to be discharged during the following 12 months.
(4)
Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharges must be submitted under Subsection E(2) of this section.
(5)
Industrial users are exempt from the hazardous waste notification
requirement during a calendar month in which they discharge 15 kilograms
or less of nonacute hazardous wastes. Discharge of any quantity of
acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e)
requires a one-time notification.
M.
Measurement of flow. The volume of flow used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Village of Stratford Water and Electric Utility except as noted in Subsection N.
N.
Metering of waste. Devices for measuring the volume of waste discharged
may be required by the approving authority if this volume cannot otherwise
be determined from the metered water consumption records. Metering
devices for determining the volume of waste shall be installed, owned
and maintained by the person discharging the wastewater. Following
approval and installation, such meters may not be removed without
the consent of the approving authority.
O.
Waste sampling. Industrial wastes discharged into the public sewers
shall be subject to periodic inspection and a determination of character
and concentration of said wastes.
(1)
The determination shall be made by the industry as often as may be
deemed necessary by the approving authority.
(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 approving authority.
(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 approving authority. Access
to sampling locations shall be granted to the approving authority
or its duly authorized representatives at all times. Every 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.
P.
Pretreatment. Persons discharging industrial wastes into any public
sewer may be required to pretreat such wastes, if the approving authority
determines that pretreatment is necessary to protect the wastewater
treatment facilities or prevent the discharge of incompatible pollutants.
In that event, such persons shall provide at their expense such pretreatment
or processing facilities as may be determined necessary to render
wastes acceptable for admission to the sanitary sewers.
Q.
Grease, oil and sand interceptors. Grease, oil and sand interceptors
shall be provided when, in the opinion of the approving authority,
they are necessary for the proper handling of liquid wastes containing
floatable grease in amounts in excess of those specified in this article
or any flammable wastes, sand or other harmful ingredients, except
that such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of the type and capacity
approved by the approving authority and shall be located so as to
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 material
and shall maintain records of the dates and means of disposal which
are subject to review by the approving authority. Disposal of the
collected materials performed by the owner's personnel or currently
licensed waste disposal firms must be in accordance with currently
acceptable Department of Natural Resources (DNR) rules and regulations.
R.
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
in accordance with the latest edition of Standard Methods and with
the federal regulations of 40 CFR 136, Guidelines Establishing Test
Procedures for Analysis of Pollutants, as amended from time to time.
Sampling methods, location, time, duration and frequencies are to
be determined on an individual basis, subject to approval of the approving
authority.
(2)
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or the person's
agent, as designated and required by the approving authority at the
cost of the discharger. The approving authority may also make its
own analyses on the wastes, and these determinations shall be binding
as a basis for sewer service charges.
S.
Submission of information. Plans, specifications and any other pertinent
information relating to proposed flow equalization, pretreatment or
grease and/or sand interceptor facilities shall be submitted for review
and approval of the approving authority prior to the start of their
construction if the effluent from such facilities is to be discharged
into the public sewers. No construction of such facilities shall commence
until said approval has been granted.
A.
Sewer users served by Village of Stratford Water and Electric Utility
water meters. There is hereby levied and assessed upon each lot, parcel
of land, building or premises having a connection with the wastewater
collection system and being served with water solely by the Village
of Stratford Water and Electric Utility a sewer service charge based,
in part, on the quantity of water used, as measured by the Village
of Stratford Water and Electric Utility water meter used upon the
premises.
B.
Sewer users served by private wells.
(1)
If any person discharging wastewater into the public sanitary sewers
procures any part or all of his water from sources other than the
Village of Stratford Water and Electric Utility, all or part of which
is discharged into the sanitary sewer, the person shall have water
meters installed by the Village of Stratford Water and Electric Utility
at the person's expense for the purpose of determining the volume
of water obtained from these sources. Where sewer meters are already
installed, new water meters will not be required. The water meters
shall be furnished by the Village of Stratford Water and Electric
Utility and installed under its supervision, all costs being at the
expense of the person requiring the meter.
(2)
The Village of Stratford Water and Electric Utility will charge for
each meter a rental charge set by the Village of Stratford Water and
Electric Utility to compensate for the cost of furnishing and servicing
the meter. The rental charge shall be billed at the time the sewer
service charge is billed.
C.
Deduct meters and sewage meters. If a user feels that a significant
amount of metered water does not reach the sanitary sewer, the user
may avail himself of one of the following options:
(1)
He may request the approving authority to have such additional meters or metered services installed as are necessary to calculate the volume of water not discharged to the sanitary sewer (i.e., a deduct meter) or he may request the approving authority to have a meter installed to measure the actual amount of sewage discharged to the sanitary sewer (i.e., a sewage meter). Requests for a second meter or metered services must be made in writing to the approving authority. In the event that the approving authority agrees to such installations, the customer shall be charged all costs attendant thereto, including but not limited to a meter yoke for each meter (to be installed by a licensed plumber); meter rental (the meter will be owned by the Village of Stratford Water and Electric Utility and subject to access and inspection by the Village of Stratford Water and Electric Utility personnel at all reasonable times) in an amount set by the Public Service Commission; remote reading device(s), if necessary; labor and accounting; and miscellaneous parts and supplies. No provision shall be made, nor shall any means be taken, to route water from any deduct meter to the customer's general distribution system. In addition to the general penalties set forth in § 480-16, any violation of this section will result in nullification of the deduct readings and removal of the deduct meter.
[Amended 1-11-2011]
(2)
In the event it is physically impractical or impossible to install
metering equipment, he may request the approving authority to take
such means as it deems necessary to formulate an estimate of the amount
of water not being discharged into the sanitary sewerage system or,
conversely, the amount of actual sewage discharged thereto.
(3)
Neither of the options set forth in this subsection shall be applicable
or available to customers for reasons which are attributable to use
of water for the filling of pools or watering of lawns and outdoor
greenery without Village Board approval.
A.
Sewer service charge unit costs. The unit costs for the sewer service
charge shall be as defined in the current sewer service charge system.
The volume component of the sewer service charge includes debt service
charges.
B.
Category A sewer service charge. The sewer service charge for Category
A sewer users with normal domestic strength wastewater shall be as
defined in the current sewer service charge system.
C.
Category B sewer service charge.
(1)
The sewer service charge for Category B sewer users with normal domestic
strength wastewater shall be as defined in the current sewer service
charge system. The Category A and B sewer service charge shall be
computed in accordance with the formula presented below:
[Amended 6-11-2019]
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T = (V x CV) + 0.00834 V (B x CB + S x CS + P x CP)
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Where:
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T
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=
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Total sewer service charge.
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B
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=
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Concentration of BOD in mg/l in the wastewater in excess of
normal domestic strength.
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S
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=
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Concentration of SS in mg/l in the wastewater in excess of normal
domestic strength.
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P
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=
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Concentration of P in mg/l in the wastewater in excess of normal
domestic strength.
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V
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=
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Wastewater volume in 1,000 gallons.
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CV
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=
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Cost per 1,000 gallons.
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CB
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=
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Cost per pound of BOD.
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CS
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=
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Cost per pound of SS.
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CP
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=
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Cost per pound of phosphorus.
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0.00834
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=
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Conversion factor.
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(The above formula shall not be construed to give credits for
a waste strength less than domestic concentration for BOD, SS, or
P.)
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(2)
Domestic strength wastewater shall be as defined in the current sewer
service charge system.
(3)
For septage and holding tank wastes, rates shall be based upon the
above formula and include additional charges for handling.
[Amended 1-11-2011; 6-11-2019]
D.
Reassignment of sewer users. The approving authority will reassign
sewer users into appropriate sewer charge categories if wastewater
sampling programs or other related information indicates a change
of categories is necessary.
E.
Operation, maintenance and replacement fund accounts.
(1)
All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in § 480-8. All sewer service charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund.
(2)
All revenues for the replacement fund and for operation and maintenance
of the wastewater treatment facilities shall be used solely for the
replacement fund and operation and maintenance of the wastewater facilities.
F.
Disposal of septic tank sludge and holding tank sewage.
(1)
No person in the business of gathering and disposing of septic tank
sludge or holding tank sewage shall transfer such material into any
disposal area or public sewer unless a permit for disposal has been
first obtained from the approving authority. In January of each year
or prior to initiating any wastewater hauling operations, all private
waste haulers will obtain a discharge permit. The fee shall be as
set by the Village Board. Written application for this permit shall
be made to the approving authority and shall state the name and address
of the applicant, the number of its disposal units, and the make,
model and license number of each unit. Permits shall be nontransferable
except in the case of replacement of the disposal unit for which a
permit shall have been originally issued. The time and place of disposal
will be designated by the approving authority. The approving authority
may impose such conditions as it deems necessary on any permit granted.
(2)
Any person or party disposing of septic tank sludge or holding tank
sewage agrees to carry public liability insurance in an amount not
less than $100,000 to protect any and all persons or property from
injury and/or damage caused in any way or manner by an act, or failure
to act, by any of the person's employees. The person(s) shall
furnish a certificate certifying such insurance to be in full force
and effect at the time and place the application for permit is made.
(3)
All materials disposed of into the treatment system shall be of domestic
origin, or compatible pollutants only, and the person(s) agrees that
he will comply with the provisions of any and all applicable ordinances
of the municipality and shall not deposit or drain any gasoline, oil,
acid, alkali, grease, rags, waste, volatile or flammable liquids or
other deleterious substances into the public sewers nor allow any
earth, sand or other solid material to pass into any part of the wastewater
treatment facilities.
(4)
Persons with a permit for disposing of septic tank sludge and/or
holding tank sewage into the wastewater treatment facilities shall
be charged a handling charge, a volume charge, and a strength surcharge,
as defined in the current sewer service charge system. If payment
is not received within 30 days thereafter, disposal privileges shall
be suspended.
[Amended 6-11-2019]
(5)
The person(s) disposing wastes agrees to indemnify and hold harmless
the municipality from any and all liability and claims for damages
arising out of or resulting from work and labor performed.
G.
Charge for toxic pollutants. Any person discharging toxic pollutants
which cause an increase in the cost of managing the effluent or biosolids
from the municipality's wastewater treatment facility shall pay
for such increased costs, as may be determined by the approving authority.
H.
Fees for industrial monitoring.
(1)
The
POTW may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up and operating
the POTW pretreatment program.
(b)
Fees for monitoring, inspection and surveillance procedures,
including the cost of reviewing monitoring reports submitted by the
industrial user.
(c)
Fees for reviewing accidental discharge procedures and construction.
(d)
Fees for permit applications, including the cost of processing
such applications.
(e)
Fees for filing appeals.
(f)
Other fees as the POTW may deem necessary to carry out the requirements
contained herein.
(2)
These
fees relate solely to the matters covered by this article and are
separate from all other fees chargeable by the POTW.
A.
Calculation of user charges. User charges shall be based upon the
rates and formula presented in this article and as calculated in the
sewer service charge system.
B.
User charge billing period. User charges based on water usage shall
be billed to the sewer users on a monthly basis. Billings for any
particular month shall be made within 10 days after the end of the
month.
C.
Payment of sewer service charges. Those persons billed for sewer
service charges based on water usage shall pay such charges within
20 days after the end of the month.
D.
Penalties.
(1)
Any payment for user charges based on water usage not received within
20 days after the end of the month for which payment is due shall
be deemed delinquent.
(2)
A one-time late payment fee equal to 10% of the monthly bill shall
be added to each delinquent bill.
(3)
When any monthly bill (including interest and penalty) remains unpaid
for six months after the date due, such bill shall be recorded in
the tax records of the Village of Stratford by the Treasurer and shall
constitute a lien on the property. Change of ownership or occupancy
of premises found delinquent shall not be cause for reducing or eliminating
these penalties.
A.
Right of entry. The approving authority or other duly authorized
employees of the municipality, bearing proper credentials and identification,
shall be permitted to enter all properties for the purpose of inspection,
observation, or testing, all in accordance with the provisions of
this article.
B.
Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized municipal employees shall observe all safety rules applicable to the premises established by the owner or the occupant.
C.
Identification; right to enter easements. The approving authority
or duly authorized employees of the municipality, bearing proper credentials
and identification, shall be permitted to enter all private properties
through which the municipality holds an easement for the purpose of,
but not limited to, inspection, observation, measurement, sampling,
repair and maintenance of any portion of the sewage works lying within
said easement, all subject to the terms, if any, of such easement.
A.
Work authorized. No unauthorized person shall uncover, make any connections
with or opening into, use, alter, or disturb the sanitary sewer or
appurtenances thereof without first obtaining a written permit from
the approving authority.
B.
Cost of sewer construction. All costs and expenses incident to the
installation of a public sewer shall be assessed by the approving
authority to the benefiting property owner.
C.
Cost of sewer connection. All costs and expenses incident to the
installation and connection of the building sewer, including street
repair incident thereto, shall be borne by the person making the connection.
In addition, the approving authority shall levy a charge as set by
the Village Board upon connection to the public sewer.
D.
Cost of building sewer maintenance and repair. The property owner
shall be responsible for the maintenance and repair of building sewers
on his property and to the point of connection to the sewer main.
The Village of Stratford, at its option, may repair a private building
sewer system from the building to the main and charge the property
owner a fee up to the full cost incurred by the Village of Stratford.
[Amended 12-11-2018]
E.
Use of old building sewers. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the approving authority, to meet all requirements of this article.
F.
Materials and methods of construction. The size, slope, alignment,
and materials of construction of a building sewer and the methods
to be used in excavating, placing of the pipe, jointing, testing and
backfilling the trench shall conform to the requirements of the municipality's
building and plumbing codes or other applicable rules and regulations
of the municipality. In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the ASTM and WEF Manual of Practice No. 9 shall apply.
G.
Building sewer grade. Whenever possible, the building sewer 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.
H.
Stormwater and groundwater drains.
(1)
No person shall make connection of roof downspout, exterior foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which is connected directly
or indirectly to a sanitary sewer.
(2)
All existing downspout or groundwater drains, sump pumps, etc., connected
directly or indirectly to a sanitary sewer shall be disconnected within
60 days of the date of an official written notice from the approving
authority.
I.
Conformance to plumbing codes. The connection of the building sewer
into the sanitary sewer shall conform to the requirements of the building
and plumbing codes or other applicable rules and regulations of the
municipality or the procedures set forth in appropriate specifications
of the ASTM and WEF Manual of Practice No. 9. All such connections
shall be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the approving authority
before installation.
J.
Connection inspection. The person making a connection to a public
sewer shall notify the approving authority when the building sewer
is ready for inspection and connection to the public sewer. The connection
shall be inspected and approved by the approving authority.
K.
Barricades; restoration. All excavations for the building sewer installation
shall be adequately guarded with barricades and lights 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 approving authority.
L.
Building sewer installation. The Village of Stratford shall not install
building sewers between November 15 and April 15. Any application
for building sewers made during this period will be acted on after
April 15.
A.
Damaging or tampering with publicly owned treatment works. No unauthorized
person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment that is part of the publicly owned treatment works. Persons
in violation shall be subject to immediate arrest for disorderly conduct.
C.
Abatement of nuisance in case of no immediate danger. If it is determined
that a public nuisance has been created or is being maintained by
a violation of this article (as set forth hereinabove) but that the
nature of such nuisance is not such as to threaten great and immediate
danger to the public health, safety, peace, morals or decency, written
notice shall be served on the person causing or maintaining the nuisance
to remove or correct the same (identifying the nature of the violation)
within a specified reasonable time. The offender shall, within the
period of time stated in said notice, abate the nuisance and permanently
cease all violations.
D.
Abatement of nuisance in case of immediate danger. If it is determined
that a public nuisance caused by the violation of this article exists
and that there is great and immediate danger to public health, safety,
peace, morals or decency, the Village Board, Director of Public Works
and/or the Chief of Police may cause the same to be abated immediately
and charge the cost thereof to the owner, occupant or person causing,
permitting or maintaining the nuisance, as the case may be. If notice
to abate the nuisance has been given to the owner, such cost shall
be assessed against the real estate as a special charge.
E.
Accidental discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the sewer system which causes
damage to the wastewater treatment facility and/or receiving body
of water shall, in addition to being fined, pay an amount to cover
any damages, both values to be established by the approving authority.
F.
Penalty for violation. Any person who violates any provisions of this article shall be subject to a penalty as provided in § 1-5, which section is, by this reference, made a part hereof as if fully set forth herein.
G.
Liability to municipality for losses. Any person violating any provisions
of this article shall, in addition to any penalty or fine which may
be assessed against him, become liable to the municipality for any
expense, loss or damage occasioned by reason of such violation which
the municipality may suffer as a result thereof.
H.
Enforcement of industrial provisions.
(1)
Notification of violation. Whenever the POTW finds that any industrial
user has violated or is violating this article, or a wastewater permit
or order issued hereunder, the approving authority or its agent may
serve upon said user written notice of the violation. Within 10 days
of the receipt date of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted to the approving
authority. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of
the notice of violation.
(2)
Civil penalties.
(a)
Any industrial user which has violated or continues to violate
this article or any order or permit issued hereunder shall be liable
to the POTW for a civil penalty of not more than the maximum allowable
under state law (e.g., $10,000 but at least $1,000), plus actual damages
incurred by the POTW, per violation per day for as long as the violation
continues. In addition to the above-described penalty and damages,
the POTW may recover reasonable attorney fees, court costs, and other
expenses associated with the enforcement activities, including sampling,
monitoring and analysis expenses.
(b)
The approving authority shall petition the court to impose,
assess, and recover such sums. In determining amount of liability,
the court shall take into account all relevant circumstances, including
but not limited to the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the industrial
user's violation, corrective actions by the industrial user,
the compliance history of the user, and any other factor as justice
requires.
A.
Appeal procedure.
(1)
Any user, permit applicant or permit holder affected by a decision,
action or determination, including cease and desist orders, made by
the approving authority interpreting or implementing the provisions
of this article or in any permit issued hereunder may file with the
approving authority a written request for reconsideration within 10
days of the date of such decision, action or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
The approving authority shall render a decision on the request for
reconsideration to the user, permit applicant, or permit holder in
writing within 15 days of receipt of request. If the ruling on the
request for reconsideration made by the approving authority is unsatisfactory,
the person requesting reconsideration may, within 10 days after notification
of the action, file a written appeal with the Village Board of the
Village of Stratford.
(2)
The written appeal shall be heard by the Village Board within 30
days from the date of filing. The Village Board shall make a final
ruling on the appeal within 10 days from the date of hearing.
B.
Amendment. The municipality, through its duly authorized officers,
reserves the right to amend this article in part or in whole whenever
it may deem necessary.
A.
Biennial audit. The municipality shall review, at least every two
years, the wastewater contribution of its sewer users, the operation,
maintenance and replacement expenses of the wastewater treatment facilities,
and the sewer service charge system. Based upon this review, the municipality
shall revise the sewer service charge system, if necessary, to accomplish
the following:
(1)
Maintain a proportionate distribution of operation and maintenance
expenses among sewer users based upon the wastewater volume and pollutant
loadings discharged by the users.
(2)
Generate sufficient revenue to pay the debt service costs and the
total operation and maintenance costs necessary to provide for the
proper operation and maintenance (including replacement) of the treatment
works.
(3)
Apply excess revenues collected from a class of users to the operation
and maintenance expenses attributable to that class of users for the
next year and adjust the sewer service charge rates accordingly.
B.
Annual notification. The municipality shall notify its sewer users
annually about the sewer service charge rates. The notification shall
show what portion of the rates is attributable to the operation and
maintenance expenses and debt service costs of the wastewater treatment
facilities. The notification shall occur in conjunction with a regular
bill.
C.
Records. The municipality shall maintain records regarding wastewater
flows and loadings, costs of the wastewater treatment facilities,
sampling programs and other information which is necessary to document
compliance with 40 CFR 35, Subpart E of the Clean Water Act.
