[Adopted 8-13-1996 (Ch. 2, Art. A, of Title 9 of the 1996 Code); amended in
its entirety 4-11-2006
A.
This article sets forth uniform requirements for discharges into
the Village's wastewater treatment works and enables the Village to
comply with all state and federal laws.
B.
The rules, regulations and wastewater user charges of the Village
hereinafter set forth shall be considered a part of the contract with
every person, company or corporation who or which is connected to
or uses the Village sewer system or wastewater treatment facility,
and every person, company or corporation, by connecting with the sewer
system or wastewater treatment facility, shall be considered as expressing
his or its assent to be bound thereby. Whenever any of such rules
and regulations or such others as the Village may hereafter adopt
are violated, the user shall be subject to actions as specified in
other areas of this Code, as appropriate. The right is reserved by
the Village to change the rules, regulations and user charges from
time to time as it may deem advisable and to make special rates and
contracts in all proper cases.
A.
The objectives
of this article are to:
(1)
Prevent the introduction of pollutants into the wastewater treatment
works which will interfere with the operation of the system or the
use or disposal of the sludge.
(2)
Prevent the introduction of pollutants into the wastewater treatment
works which pass through the system inadequately treated into receiving
waters or the atmosphere or otherwise are incompatible with the system.
(3)
Improve the opportunity to recycle and reclaim wastewater and sludge
from the system.
(4)
Provide for the regulation of discharges into the Village's wastewater
treatment works through the issuance of permits to certain users and
through enforcement of the general requirements for the other users,
authorize monitoring and enforcement activities and require user reporting.
B.
This article shall apply to the Village and to persons outside the
Village who are, by contract or agreement with the Village, users
of the Village wastewater treatment works. Except as otherwise provided
in this article, the Department of Public Works shall administer,
implement and enforce the provisions of this article.
A.
ACT
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
COMMERCIAL USER
COOLING WATER
DEPARTMENT
DIRECTOR OF PUBLIC WORKS (DPW)
GARBAGE
INDUSTRIAL USER
INDUSTRIAL WASTEWATER
LOT
MUNICIPAL SEWER
NATURAL OUTLET
PARCEL OF LAND
PERSON
pH
PREMISES
PRETREATMENT
PROPERLY SHREDDED GARBAGE
RESIDENTIAL USER
SANITARY SEWER
SEWER
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
SLUG
STORM SEWER or STORM DRAIN
STORMWATER
SUSPENDED SOLIDS
USER
VILLAGE
WASTEWATER
WASTEWATER TREATMENT WORKS
WATERCOURSE
WATERS OF THE STATE
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside building walls and conveys it to the building sewer beginning
outside the inner face of the building wall.
The extension from the building drain to the municipal sewer
or other place of disposal.
The water discharged from any use such as air conditioning,
cooling or refrigeration or during which use the only constituent
added to the water is heat.
The Department of Public Works of the Village.
The Director of Public Works or his duly authorized deputy,
agent or representative.[1]
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
A person who discharges into the Village's wastewater treatment
works liquid wastes resulting from the processes employed in industry
or manufacturing or from the development of any natural resource.
The liquid wastes from industrial processes.
A plot of land in any part of the Village containing no more
than one connection to the wastewater treatment works.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any piece of real estate not being a part of any regular
subdivision or addition.
The state or any agency or institution of the state, any
municipality, governmental subdivision, public or private corporation,
individual, partnership, or other entity, including but not limited
to association, commission or any interstate body, and including any
officer or governmental subdivision or public or private corporation
or other entity.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution.
Any piece of real estate having one or more sewers which
may be connected either individually or through a common sewer and
directly or indirectly to the wastewater treatment works.
The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the Village's wastewater treatment works. The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by § 510-41.
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
municipal sewers, with no particle greater than 1/2 inch in any dimension.
A user discharging only sanitary wastewater.
A sewer which carries wastewater and to which stormwater,
surface water and groundwater are not intentionally admitted.
A pipe or conduit for carrying wastewater.
Any user of the Village's wastewater treatment works which
has:
A wastewater flow of 50,000 gallons or more per average workday.
A flow greater than 5% of the flow in the Village's wastewater
treatment works.
In its wastes, toxic pollutants as defined pursuant to Section
307 of the Act or state law.
A significant impact, either singly or in combination with other
contributing industries, on the wastewater treatment works, the quality
of sludge, the treatment works' effluent quality or air emissions
generated by the treatment works.
Any discharge of water, wastewater or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during a normal operation.
A sewer which carries stormwater and surface water and drainage
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation.
The total suspended matter that floats on the surface of
or is suspended in water or other liquids and which is removable by
a standard glass fiber filter.
Any person who discharges or causes or permits the discharge
of wastewater into the Village's wastewater treatment works.
The Village of Woodville or the Board of Trustees or the
President of the Village.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is discharged into
or permitted to enter the Village's wastewater treatment works.
Any devices, facilities, structures, equipment or works owned
or used by the Village for the purpose of the transmission, storage,
treatment, recycling and reclamation of industrial and domestic wastewater
or necessary to recycle or reuse water, including intercepting sewers,
outfall sewers, sewage collection systems, pumping, power and other
equipment, and their appurtenances; extensions, improvements, remodeling,
additions and alterations; elements essential to provide a reliable
recycled water supply, such as standby treatment units and clear well
facilities; and any works, including land, that will be an integral
part of the treatment process or are used for ultimate disposal of
residues resulting from such treatment.
A channel in which a flow of water occurs, whether continuously
or intermittently.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion of the
state.
Any permit or requirements issued by the Department of Natural
Resources pursuant to the Federal Water Pollution Control Act, as
amended, for the purpose of regulating the discharge of sewage, industrial
wastes, or other wastes under the authority of Section 402 of the
Act.
B.
Terms not otherwise defined in this section shall be accorded their
usual and customary meaning under state law.
A.
No person shall place, deposit, or permit to be deposited in any
unsanitary manner on public or private property within the Village
or in any area under the jurisdiction of the Village any human excrement,
garbage or other objectionable waste.
B.
Except as herein provided, no person shall construct or maintain
any privy, privy vault, septic tank, cesspool, or other facility intended
or used for the disposal of sewage.
C.
At such time as a municipal sewer becomes available to a property
served by an individual wastewater treatment system as provided in
this section, a direct connection shall be made to the municipal sewer
in compliance with this article within 90 days after the date of mailing
or delivering official notice to do so, and any septic tanks, cesspools
and similar individual wastewater collection or disposal facilities
shall be abandoned and filled with suitable material at the owner's
expense. The notice shall be given to the owner or occupant in writing
by the Village Clerk-Treasurer on order of the Village Board. The
notice to connect to sewer facilities under this section shall also
require the owner to hook up to municipal water and pay all associated
costs.
D.
Whenever any owner or occupant fails to comply with such written
notice, the Board shall, by resolution, direct that a toilet be installed
and connection made with the sewer system and that the cost of the
installation be paid in the first instance out of the general fund
and then assessed against the property benefited.
E.
After the installation and connection have been completed pursuant
to Board resolution, the Clerk-Treasurer shall serve a written notice
of the assessment upon the owner or his or her representative directing
him to pay the assessment to the Clerk-Treasurer within 10 days after
the service of the notice. If the assessment is not paid within 10
days, the Clerk-Treasurer shall certify the amount to the County Auditor
for collection in the same manner as other special assessments. The
Village Board may, by resolution, spread the assessment over a five-year
period.
F.
The owner of any houses, buildings or properties used for human occupancy,
employment, recreation or other purpose, except private garages and
storage buildings, where municipal sewer is not available shall be
connected to an individual wastewater disposal system complying with
all local, county, state and/or federal regulations concerning individual
wastewater disposal systems.
G.
Municipal sewer is deemed available to:
(1)
Any
structure abutting any street, alley or right-of-way in which there
is now located a public sanitary sewer of the Village;
(2)
Any
structure within 200 feet of a public sanitary sewer of the Village;
(3)
Any
structure to which connection to municipal sewer service can be done
at a reasonable cost; or
(4)
Any
structure required to be connected or deemed to have municipal sewer
available by any applicable local, county, state or federal law.
A.
No person shall discharge or cause to be discharged any stormwater,
groundwater, roof runoff, yard drainage, yard fountain or pond overflow
into the collection system. Unpolluted water or waste shall be discharged
only to storm sewers or to a natural outlet, except that it may be
discharged to approved combined sewers upon receiving prior written
approval of the Director of Public Works. Unpolluted water or wastewater
may be discharged upon prior written approval of the Director of Public
Works to the collection system if the rate is not in excess of three
gallons per minute.
B.
No person shall discharge or cause to be discharged to the wastewater
treatment works, either directly or indirectly, any of the following
described wastes or wastewater:
(1)
Any wax, grease or oil, plastic or any other substance that will
solidify or become discernibly viscous at temperatures between 32°
and 150° F. (0° and 65° C.).
(2)
Any solids, liquids or gases which by themselves or by interaction
with other substances may cause fire, explosion, or hazards, create
toxic fumes or in any other way be injurious to persons or property
involved in the operation or maintenance of the wastewater treatment
works.
(3)
Any solids, slurries or viscous substances of such character as to
be capable of causing obstruction to the flow in the collection system
or storm sewers or interfering with the proper operation of the wastewater
treatment works.
(4)
Any garbage that has not been properly comminuted or shredded. Garbage
grinders may be connected to sanitary sewers from homes, 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.
(5)
Any noxious or malodorous substance which, either singly or by interaction
with other substances, is capable of causing odors objectionable to
persons of ordinary sensitivity.
(6)
Any wastes or wastewater having a pH lower than 5.5 or higher than
10 or having any corrosive property capable of causing damage or hazards
to the wastewater treatment works or personnel.
(7)
Any waste or wastewater of such character and quantity that unusual
attention or expense is required to handle it in the wastewater treatment
works.
(8)
Any wastewater or wastes containing a toxic or poisonous substance,
such as plating or heat treating wastes, in sufficient quantity to
injure or interfere with any wastewater treatment process, to constitute
a hazard to humans or animals or to create any hazard in the wastewater
treatment works or which would cause the Village wastewater treatment
facilities to discharge any of the following pollutants in quantities
in excess of the limitations established in the Wisconsin Administrative
Code or WPDES permit: cyanide, hexavalent chromium, trivalent chromium,
copper, nickel, cadmium, zinc, phenols, iron and tin.
(9)
Any radioactive wastes greater than allowable releases as specified
by current United States Bureau of Standards handbooks dealing with
the handling and release of radioactivity.
(10)
Free or emulsified oil and grease exceeding on analysis an average
of 100 milligrams per liter of either, both or combinations of free
or emulsified oil and grease, if in the opinion of the Director of
Public Works it appears probable that such wastes or wastewater:
(a)
Can deposit grease or oil in the collection system in such manner
to cause it to clog.
(b)
Are not amenable to bacterial action and shall therefore pass
to the receiving waters without being affected by normal wastewater
treatment processes.
(c)
Can have deleterious effects on the wastewater treatment process
due to the excessive quantities.
(11)
Any cyanides or cyanogen compounds capable of liberating hydrocyanic
gas or acidification in excess of 0.5 milligram per liter by weight
as cyanide in the wastes.
(12)
Wastes or wastewater which:
(a)
Causes unusual concentrations of solids or composition, for
example, in total suspended solids of inert nature, such as fuller's
earth, lime slurries and lime residues, and/or in total dissolved
solids, such as sodium chloride or sodium sulfate.
(b)
Causes excessive discoloration in the discharge of the wastewater
treatment facilities.
(c)
Has flow characteristics or pollutant loadings in excess of
the limits established in the Village of Woodville permit for a user.
(e)
Causes damage to the collection system or impairs the treatment
process.
C.
No person shall allow the discharge of slugs of water or wastes to
the collection system which may be harmful to the operation of the
wastewater treatment works. Where in the opinion of the Director of
Public Works slugging does occur, each person producing such a discharge
into the collection system shall construct and maintain at his own
expense a storage reservoir of sufficient capacity with flow control
equipment to ensure an equalized discharge over a twenty-four-hour
period.
D.
No person shall discharge any waste or wastewater which would cause
the wastewater treatment works to be in violation of any of the requirements
of the WPDES permit.
E.
No person shall connect to and discharge to the collection system
unless there is capacity available in all downstream components of
the wastewater treatment works as determined by the Director of Public
Works.
F.
No person or licensed disposer shall dispose of septage into any
storage area or sewer manhole located within the Village without written
approval of the Director of Public Works.
G.
No person shall discharge or cause to be discharged to the wastewater
treatment works, either directly or indirectly, any waste or wastewater
in violation of the Act. To the extent that the provisions of this
article are more restrictive than the Act, the provisions of this
article shall be controlling.
Each user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this article.
Where necessary, facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be provided and maintained
at the owner's or user's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to the Department for review and shall be approved by
the Department before construction of the facility. Review and approval
of such plans and operating procedures shall not relieve the user
from the responsibility to modify the user's facility as necessary
to meet the requirements of this article.
[Amended 10-11-2011]
A.
Laterals. The property owner will be responsible for replacing the
lateral from the main to the property line if the cause is due to
normal use and/or age. The property owner will be responsible for
keeping the lateral to the main open and is directed to notify the
Department of any clogged pipe and allow sufficient time for the Department
to check the connection sewer main before attempting any means of
opening the building sewer.
B.
Services. The property owner will be responsible for replacing and keeping the service pipe open from the main to the property owner's building. The property owner is directed to inform the Department of Public Works of any clogged pipe before attempting any means of opening the building sewer. The Department will not be responsible for any expenses incurred by the property owner in attempting to open a building sewer when the Department had not been notified and allowed sufficient time to check the sewer main. The Village will not be responsible for any expenses incurred by the property owner in unclogging a building sewer when the connecting sewer main is open. Any construction within any street right-of-way or any public easement shall occur only upon issuance of any permits required under other provisions of § 510-53 and upon notice to the Village Director of Public Works sufficient to allow his supervision and inspection.
C.
Damage recovery. The Village shall have the right of recovery from
all persons, partnerships, corporations, organizations, associations
or groups of any expense or increased cost incurred by said sewer
system for the operation, maintenance, repair or replacement of any
aspect of the sewer system because of any act, whether intentional
or inadvertent, by said persons, partnerships, corporations, organizations,
associations or groups.
A.
Each user or owner shall be responsible for maintaining and cleaning
his sewer connection from the house to the sewer main. The Village
shall not be liable for any stoppages in the sewers. Each user provides
a suitable backwater valve to prevent flooding of basements in the
event of sewer stoppage.
[Amended 7-9-2013]
B.
Any sewer connection that is abandoned for nonuse or found not to meet all requirements per § 510-46E shall be disconnected and plugged at the municipal sewer location by a means acceptable to the Department. All costs and expenses incidental to disconnecting the building sewer shall be borne by the owner.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the wastewater treatment works.
A.
No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any municipal sewer or appurtenance
without first obtaining approval from the Director of Public Works.
[Amended 10-11-2011]
B.
Any person desiring sewer service from the municipal sewer system
for premises not connected with the system shall apply to the Director
of Public Works for approval of such connection. The application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Director of Public Works.
The Director of Public Works shall be notified by the applicant prior
to any digging or hookup for information on acceptable location and
inspection requirements.
[Amended 10-11-2011]
C.
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Village from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
D.
A separate and independent building sewer shall be provided for every
building, except that, under exceptional circumstances, the Director
of Public Works may waive the provisions of this subsection.
E.
Old building sewers may be used in connection with buildings only
when they are found on examination and testing to meet all requirements
of the Village.
F.
The 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 building and plumbing codes or other applicable rules and regulations
of the Village.
G.
The size and slope of the building sewer shall be subject to the
approval of the Department, but the diameter shall not be less than
four inches. The slope of such four-inch pipe shall not be less than
1/4 inch per foot. It shall be required that the service stub or wye
connection and the building drain shall be uncovered and the differential
elevation be determined before construction is begun. Where practicable,
the building connection shall be laid on a uniform grade between those
two points.
H.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. No building sewer shall
be laid parallel to and within three feet of any bearing wall which
might thereby be weakened. The depth shall be sufficient to afford
protection from frost. The building sewer shall be laid at uniform
grade and in straight alignment insofar as possible. Changes in direction
shall be made only with properly curved pipe and fittings.
I.
In all buildings in which any building drain is too low to permit
gravity flow to the municipal sewer, wastewater carried by such drain
shall be lifted by approved artificial means and discharged to the
municipal sewer. Installation and costs are the owner's responsibility.[1]
J.
No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
K.
No person shall connect a private storm drain or storm drainage system
to the Village's wastewater treatment works or connect any sanitary
sewer system, public or private, to the Village's storm drainage system.
If one system is connected to the other, the owner of the property
shall, subject to inspection by the Village, disconnect the systems.
Any costs involved shall be the responsibility of the owner of the
property. If there is a connection between the two systems, the Village
may, after written notice to the owner, disconnect the systems, and
any costs involved shall be assessed against the property as a special
charge.
L.
All building sewer connections must be made to the wye or riser provided
for that purpose. If a wye or riser is not available, connection shall
be made suitable to the Director of Public Works.
M.
The applicant for the building sewer permit shall notify the Director
of Public Works when the building sewer is ready for inspection and
connection to the municipal sewer. The connection shall be made under
the supervision of the Director of Public Works.
N.
All excavations for building sewer installations 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 Village by the person making the installation at the owner's
expense.
All measurements, tests and analyses of the characteristics
of waters and wastes shall be determined in accordance with the latest
edition of Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, the American
Water Works Association, and the Water Environment Federation, and
shall be determined at the control manhole provided or upon suitable
samples taken at such control manhole. If no special manhole has been
required, the control manhole shall be the nearest downstream manhole
in the public sewer from where the building sewer is connected. Sampling
shall be carried out by customarily accepted methods to reflect the
effect of the constituents upon the wastewater treatment works and
to determine the existence of hazards to life, limb and property.
The particular analysis involved shall determine whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether
a grab sample should be taken. Usually BOD and suspended solids analyses
are obtained from twenty-four-hour composites of all outfalls whereas
pHs are determined from periodic grab samples.
Industrial users shall provide necessary wastewater treatment
as required to comply with this article and shall achieve compliance
with all federal categorical pretreatment standards within the time
limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Department shall be provided, operated and maintained at the
user's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the Department for
review and shall be acceptable to the Department before construction
of the facility. The review of such plans and operating procedures
shall in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to the
Department under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the Department prior to the user's initiation
of the changes. All records relating to compliance with pretreatment
standards shall be made available by the Department to officials of
the Environmental Protection Agency or Wisconsin Department of Natural
Resources upon request.
A.
Civil penalties. Any user or industrial user who is found to have violated an order of the Board or who has failed to comply with any provision of this article or the orders, rules, regulations and permits issued under this article may be subject to a penalty as provided in § 1-4 of this Code for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this section, the Village may recover reasonable attorney fees, court costs, court reporter's fees and other expenses of litigation by an appropriate action against the person found to have violated this article or the orders, rules, regulations and permits issued under this article.[1]
B.
Costs of damage. Any user or industrial user violating any of the
provisions of this article or who has a discharge which causes a deposit,
obstruction, damage or other impairment to the Village's wastewater
treatment works shall become liable to the Village for any expense,
loss or damage caused by the violation or discharge. The Department
may add to the user's charges and fees the costs assessed for any
cleaning, repair or replacement work caused by the violation or discharge.
Any refusal to pay the assessed costs shall constitute a violation
of this article.
C.
Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article may, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.[2]
A.
The Department shall inspect the facilities of any user to ascertain
whether the purpose of this article is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Department ready access at
all reasonable times to all parts of the premises for the purpose
of inspection, observation, measurement, sampling, testing, record
examination or the performance of any of their duties. The Department,
Department of Natural Resources and the Environmental Protection Agency
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations. Where a user has security measures in
force which would require proper identification and clearance before
entry into its premises, the user shall make necessary arrangements
with any security guards so that, upon presentation of suitable identification,
the Department, Department of Natural Resources and the Environmental
Protection Agency will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities.
B.
The Department shall have no authority to inquire into any industrial
processes beyond that point in the process having a direct bearing
on the kind and source of discharge to the sewers or waterways or
facilities for treatment.
D.
Department employees bearing proper credentials and identification
shall be permitted to enter all private properties through which the
Village holds a duly negotiated easement for the purpose of, but not
limited to, inspection, observation, measurement, sampling, repair
and maintenance, and replacement of any portion of the wastewater
treatment works lying within the easement. All entry and subsequent
work, if any, on the easement shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
The Department may require that any industrial user discharging
or proposing to discharge wastewater to the wastewater treatment works
file a periodic discharge report. The discharge report may include
but is not limited to nature of process, rates of flow, mass discharge
rate, raw materials and production quantities, hours of operation,
number and classification of employees, compliance status with any
state or federal pretreatment standards, or other information which
relates to the generation of waste, including wastewater constituents
and characteristics in the wastewater discharge. Such reports may
also include the chemical constituents and quantity of liquid or gaseous
materials stored on site, even though they may not normally be discharged.
At a minimum, a summary of such data indicating each industrial user's
compliance with this article shall be prepared quarterly and submitted
to the Department. In addition to discharge reports, the Department
may require information in the form of wastewater discharge permit
applications, self-monitoring reports and compliance schedules.
A.
Mandatory permits. All significant industrial users or other industrial
users which may have a significant effect, as determined by the Department,
proposing to connect or to commence a new discharge to the wastewater
treatment works shall obtain a wastewater discharge permit before
connecting to or discharging into the wastewater treatment works.
All existing significant industrial users or industrial users subject
to federal pretreatment standards under Section 307(b) and (c) of
the Act connected to or discharging into the wastewater treatment
works shall obtain a wastewater discharge permit 90 days prior to
connecting or discharging to the wastewater treatment works.[1]
B.
Permit application. Users required to obtain a wastewater discharge
permit shall complete and file with the Department an application
in the form prescribed by the Department and accompanied by a fee.
Proposed new users shall apply at least 90 days prior to connecting
or discharging to the wastewater treatment works. In support of the
application, the user shall submit, in units and terms appropriate
for evaluation, the following information:
(1)
Name, address and location (if different from the address).
(2)
Standard Industrial Classification (SIC) number according to the
Standard Industrial Classification Manual, Bureau of the Budget, 1972,
as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those governed by § 510-41, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the Environmental Protection Agency pursuant to Section 304(g) of the Clean Water Act and contained in 40 CFR 403.7(c)(2) of the general pretreatment regulations for existing and new sources of pollutants.
(4)
Time and duration of discharge.
(5)
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by size, location
and elevation.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged.
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any Village, state or federal pretreatment
standards, and for an existing discharge a statement regarding whether
or not the pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance and/or additional
pretreatment is required for the user to meet applicable pretreatment
standards.[2]
(9)
Each product by type, amount and rate of production.
(10)
Type and amount of raw materials processed (average and maximum
per day).
(11)
Number of full-time and part-time employees and hours of work.
(12)
Any other information as may be deemed by the Department to
be necessary to evaluate the permit application. The Director of Public
Works will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the Department may issue a wastewater discharge permit
subject to terms and conditions provided in this section.
C.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, user charges and fees established by the Village. Permits
may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the wastewater treatment works.
(2)
Limits on the average and maximum wastewater constituents and characteristics.
(3)
Limits on the average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
Requirements for installation, operation and maintenance of pretreatment
facilities.
(6)
Specifications for monitoring programs, which may include sampling
location, frequency and method of sampling, number, types and standards
for tests, and reporting schedule.
(7)
Compliance schedules.
(8)
Requirements for submission of technical reports or discharge reports.
(9)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Department and affording
the Department access.
(10)
Requirements for notification to the Department of any wastewater
constituents being introduced into the wastewater treatment system.
(11)
Requirements for notification of slug discharges as provided
in this article.
(12)
Other conditions as deemed appropriate by the Village to ensure
compliance with this article.
D.
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Department during the term of the permit as limitations or requirements as identified in § 510-61 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
E.
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without the approval
of the Department. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit.
Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits, monitoring programs
and inspections shall be available to the public and governmental
agencies without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of the Department that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user. When requested by the person furnishing a report, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available upon written request to governmental agencies for
uses related to this article, the state disposal system permit and/or
the pretreatment programs; however, such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information. Information accepted by the
Department as confidential shall not be transmitted to any governmental
agency or to the general public by the Department until and unless
a ten-day notification is given to the user.
Industrial users shall notify the Department immediately upon
having a slug or accidental discharge of substances or wastewater
in violation of this article in order to enable countermeasures to
be taken by the Department to minimize damage to the wastewater treatment
works and the receiving waters. Such notification shall not relieve
users of liability for any expense, loss or damage to the wastewater
treatment works or treatment process or for any fines imposed on the
Village on account thereof under any state or federal law. The Department
may suspend the wastewater treatment service and/or a wastewater discharge
permit when such suspension is necessary, in the opinion of the Department,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons, to the environment, or to the wastewater treatment
works or would cause the Village to violate any condition of its state
disposal system permit. Any user notified of a suspension of the wastewater
treatment service and/or the wastewater discharge permit shall immediately
stop the discharge. If the user fails to comply voluntarily with the
suspension order, the Department shall take such steps as deemed necessary,
including immediate severance of the sewer connection, to prevent
or minimize damage to the wastewater treatment works or endangerment
to any individuals. The Department shall reinstate the wastewater
discharge permit and/or the wastewater treatment service upon proof
of the elimination of the noncomplying discharge. A detailed written
statement submitted by the user describing the causes of the slug
or accidental discharge and the measures taken to prevent any future
occurrence shall be submitted to the Department within 15 days of
the date of occurrence.
In accordance with the procedures of § 510-58, the Department may revoke the permit of any industrial user which fails to factually report the wastewater constituents and characteristics of discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or which violates conditions of its permit, this article, or applicable state and federal regulations.
Whenever the Department finds that any industrial user has violated
or is violating this article, a wastewater discharge permit, or any
prohibition, limitation or requirement contained in this article,
the Department may serve upon such person a written notice stating
the nature of violation, and within 30 days of the date of the notice
a plan for its satisfactory correction shall be submitted to the Village
by the user.
A.
Notice of hearing. If a violation of this article is not corrected
by timely compliance, the Department may order any user which causes
or allows an unauthorized discharge to show cause before the Board
why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the time and place of a hearing
to be held by the Board regarding the violation, the reasons why the
action is to be taken and the proposed enforcement action and directing
the user to show cause before the Board why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days before the hearing. Service may be made on any agent
or officer of a corporation.
B.
Hearing officials. The Board may itself conduct the hearing and take
the evidence or may designate any of its members or any officer or
employee of the Village to:
(1)
Issue in the name of the Board notices of hearings requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Board for
action.
C.
Transcripts. At any hearing held pursuant to this section, testimony
taken must be under oath and recorded stenographically. The transcript,
so recorded, will be made available to any member of the public or
any party to the hearing upon payment of the usual charges.
D.
Issuance of orders. After the Board has reviewed the evidence, it
may issue an order to the user responsible for the discharge directing
that, following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other
wastes into the Village's wastewater treatment works contrary to the
provisions of this article, federal or state pretreatment requirements,
or any order of the Village, the Attorney may, following the authorization
of such action by the Board, commence an action for appropriate legal
and/or equitable relief.
Sludges, floats, skimmings, etc., generated by an industrial
or commercial pretreatment system shall not be placed into the Village's
wastewater treatment works. Such sludges shall be contained, transported
and disposed of by haulers in accordance with all federal, state and
local regulations.
A.
If any waters or wastes are discharged or proposed to be discharged to the public sewers, which waters contain substances or possess characteristics enumerated in § 510-41 and which in the judgment of the Department may have a deleterious effect upon the wastewater treatment processes or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Department may:
B.
If the Department permits the pretreatment or equalization of waste
flows, the design and installation of the plant and equipment shall
be subject to the review and approval of the Department and subject
to the requirements of all applicable codes, ordinances and laws.
Grease, oil, and sand interceptors shall be provided at repair
garages, gasoline stations, car washes, cafes and restaurants, and
other industrial or commercial establishments for the proper handling
of liquid waste containing grease in excessive amounts, oil, flammable
waste, sand and other harmful ingredients. All interceptors shall
be constructed in accordance with the Wisconsin Plumbing Code and
shall be located as to be readily accessible for easy cleaning and
inspection. All grease, oil, and sand interceptors shall be maintained
by the owner at his expense in continuous, efficient operation at
all times.
Where preliminary treatment or flow-equalizing facilities are
provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
A.
Monitoring facilities to allow inspection, sampling and flow measurement
of the building sewer and/or internal drainage systems shall be provided
and operated by all significant industrial users or other users which
may have a significant effect, as determined by the Department. The
monitoring facility should normally be situated on the user's premises,
but the Department may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and compositing of samples for analysis.
The facility, sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Department's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the Department unless a time extension is otherwise granted by
the Department.
A.
Measurement by meter. When a lot, parcel of land, building or premises
discharging wastewater (including industrial waste) into the wastewater
treatment works is a user of water not supplied by the Village, the
amount of water used shall be measured by a meter. When it is impossible
or impracticable to measure the amount of water being used, the Director
shall determine in such manner as he finds practicable the sewer service
charge under this subsection. Such determination may be appealed to
the Board. In such cases, the Director of Public Works may, after
approval by the Board, establish a flat rate for sewer service or
authorize the installation at the owner's expense of a sewer meter.
B.
Payment.
(1)
Billing. Bills for sewer service are rendered quarterly and become
due and payable upon issuance following the period for which service
is rendered. A late payment charge of 3% but not less than $0.50 will
be added to bills not paid within 20 days of issuance. This one-time
three-percent late payment charge will be applied only to any unpaid
balance for the current billing period's usage. This late payment
charge is applicable to all customers. The Utility customer may be
given a written notice that the bill is overdue no sooner than 20
days after the bill is issued, and unless payment or satisfactory
arrangement for payment is made within the next eight days, service
may be disconnected pursuant to Ch. PSC 185, Wis. Adm. Code.
C.
Disposition of revenue. The amounts received from the user fee charges
authorized by this section shall be credited to a separate account
which shall show all receipts and expenditures.
D.
Sewer service charges as a lien. All charges established under this
section shall be a lien upon the property served pursuant to § 66.0821,
Wis. Stats., and shall be collected in the manner provided in that
section.
E.
Service initiation fee. A service initiation fee for changes in customer
status payable by the new customer shall be determined by the Village
Board.
A.
Purpose; authority. For the purpose of imposing equitable charges
against all users and potential users of the municipal sewer and with
the express authority granted by § 66.0821, Wis. Stats.,
the Village imposes a standby user charge.
B.
Charge imposed. The standby user charge shall be imposed against
all properties in the Village that are not, at the beginning of any
given quarter, connected to a municipal sewer yet have municipal sewer
facilities available. Sewer shall be considered available to a property
if by installation of a private lateral the property could be served
by the sewer without additional extension of the existing public sewer
facilities. The fact that a pump (such as a grinder pump) may need
to be installed with a private lateral shall not constitute a finding
that municipal services are not available.
C.
Fee. The user fee charge shall be a monthly fee established by the
Board of Trustees and listed in the Village schedule of fees set annually
by the Board.
