[Adopted 10-3-1988 as Title 9, Ch. 4, of the 1988 Code]
The following definitions shall be applicable in this article.
"Shall" is mandatory; "may" is permissive.
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 the "Standard Methods."
That part of the lowest horizontal piping of a drainage 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,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal, also called "house connection."
Those sanitary sewer users who discharge normal domestic
wastewater with concentrations of BOD no greater than 180 mg/l, suspended
solids no greater than 250 mg/l and/or phosphorus no greater than
eight mg/l.
Those sanitary sewer users who discharge wastewater with
concentrations of BOD greater than 180 mg/l, suspended solids greater
than 250 mg/l and/or phosphorus greater than eight mg/l.
The amount of chlorine, in milligrams per liter, which must
be added to sewage to produce a specified residual chlorine content
in accordance with procedures set forth in "Standard Methods."
A sewer intended to receive both wastewater and stormwater
or surface water.
Biochemical oxygen demand, suspended solids, phosphorus,
pH, or fecal coliform bacteria, plus additional pollutants identified
in the WPDES permit for the publicly owned wastewater treatment facility
receiving the pollutants, if such works were designed to treat such
additional pollutants and, in fact, do remove such pollutants to a
substantial degree.
The Heart of the Valley Metropolitan Sewerage District (HOVMSD),
a multigovernmental regional district supervised and regulated by
the Heart of the Valley Metropolitan Sewerage Commission.
The District Engineer/Manager or other authorized representative
of the District.
(For the District wastewater collection system). The District
interceptor sewer and the metering stations, both of which are owned,
operated and maintained by the HOVMSD.
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 and the dispensing
of food, and from the handling, storage and sale of food products
and produce.
The District, for those projects in which the District receives
federal funding. "Grantee" shall mean the municipality, for those
projects in which the municipality receives federal funding.
The residue from the preparation, cooking and dispensing
of food 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.
The sovereign governing body of the Heart of the Valley Metropolitan
Sewerage District.
Wastewater with pollutants that will adversely affect or
disrupt the quality of wastewater treatment if discharged to a wastewater
treatment facility.
A charge collected by the Village from users discharging
industrial wastes for the recovery of the federal EPA grant amount
allocable to the treatment of the user's wastewater volume and characteristics
at design capacity of federal EPA-funded wastewater collection and
treatment facilities.
For the purpose of industrial cost recovery:
Any nongovernmental, nonresidential user of publicly owned treatment
works which discharges more than the equivalent of 25,000 gallons
per day (gpd) of sanitary wastes and which is identified in the Standard
Industrial Classification Manual, 1972, Office of Management and Budget,
as amended and supplemented, under one of the following categories:
Division A, Agriculture, Forestry, Fishing; Division B, Mining; Division
D, Manufacturing; Division E, Transportation, Communications, Electric,
Gas and Sanitary Services; or Division I, Services.
A user which discharges any wastewater containing toxic pollutants
or which has any other adverse effect on the treatment works.
A commercial user of an EPA-funded individual system.
The wastewater from industrial processes, trades or businesses
as distinct from sanitary sewage.
An industry that:
Has a flow of 50,000 gallons or more per average workday;
Has a flow greater than 5% of the flow carried by the wastewater
collection and treatment facilities receiving the waste;
Has a material in its discharge included on a list of toxic
pollutants issued under § 283.21(1), Wis. Stats.; or
Has a significant impact, either singularly or in combination
with other contributing industries, on the wastewater treatment facility
or the quality of its effluent.
The Village Engineer or other authorized representative of
the Village.
The Village of Kimberly.
The municipal sewer systems, structures, equipment, and processes
required to collect and carry away wastewater. These municipal wastewater
collection facilities which are owned, operated and maintained by
the municipalities extend to the influent point of the metering stations
owned by the District.
Any outlet, including storm sewer outfalls and combined sewer
outfalls, into a watercourse, pond, ditch, lake or other body of surface
water or groundwater.
Wastewater with concentrations of BOD no greater than 180
mg/l, suspended solids no greater than 250 mg/l, and phosphorus no
greater than eight mg/l.
Includes all costs associated with the operation and maintenance
of the wastewater collection and treatment facilities, as well as
the costs associated with periodic equipment replacement necessary
for maintaining capacity and performance of wastewater collection
and treatment facilities.
A weight-to-weight ratio, the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water.
Any and all persons, including any individual, firm, company,
municipality, private corporation, association, society, institution,
enterprise, governmental agency, or other entity.
The reciprocal of the logarithm of the hydrogen concentration.
The concentration is the weight of hydrogen ions, in grams, per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen-ion concentration of 10-7.
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 service life of the
wastewater treatment facility to maintain the capacity and performance
for which such facilities were designed and constructed. Operation
and maintenance costs include replacement costs.
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities, together with such
groundwaters, surface waters, and stormwaters as may be present.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of groundwaters, stormwaters and surface
waters that are not admitted intentionally.
Wastes from residential sources resulting from normal domestic
activities which are measurable and set apart from industrial, trade,
cooling water, and/or process discharge wastes.
The spent water of a community. The preferred term is "wastewater."
(See definition of "wastewater" below).
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quality 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
shall adversely affect the system and/or performance of the wastewater
treatment works.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water
and Wastewater," promulgated by the American Public Health Association,
American Water Works Association and Water Environment Federation.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
Solids that either float on the surface of or are in suspension
in water, wastewater or other liquids and that are removable by laboratory
filtering as prescribed in Standard Methods for Examination of Water
and Wastewater, and are referred to as "nonfilterable residue."
Water of quality equal to or better than the effluent criteria
in effect 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 provided.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation and maintenance costs
of said facilities.
The Village of Kimberly, Wisconsin.
The spent water of a community. 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 District and municipal wastewater collection facilities.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
A document issued by the Wisconsin Department of Natural
Resources which establishes effluent limitations and monitoring requirements
for the District's wastewater treatment facility. WPDES Permit No.
WI-0031232-2 and modifications thereof pertain to the District's wastewater
treatment facility.
The Village of Kimberly, herein "Village," is located within
the geographic boundaries of the Heart of the Valley Metropolitan
Sewerage District (HOVMSD) and receives sanitary sewer service from
HOVMSD. HOVMSD has enacted rules and regulations relating to the discharge
of wastewater into a public sewerage system, setting forth discharge
limitations and prohibitions relative to wastewater and establishing
sewer charges, connection fees and other charges.
A.
For each connection of a building sewer, as defined in the HOVMSD Rules and Regulations, to a public sewer located within the Village, there shall be paid to the Village such connection charges or connection fees as may be determined from time to time, which charges and fees are incorporated herein by reference. Such payment to the Village shall be made by or on behalf of the person seeking the connection at the time and in the manner in Subsection B.
B.
The owner of every new building sewer, as defined in this article
and in the HOVMSD Rules and Regulations, as a condition for connection
to a public sewer located within the Village, shall pay to the Village
such connection charge or connection fees at the time of, and as a
condition for, installation of a water meter, for servicing the building
or other facility served by the building sewer. If no water meter
is required to be installed or the facility is already serviced by
a water meter, then the charges or fees shall be paid to the Village
on or prior to the connection of the building sewer as a condition
for connection.
No person shall discharge waste or wastewaters into a public
sewer located within the Village except in accordance with the provisions
of HOVMSD rules and regulations, as amended from time to time, and
in accordance with any other ordinances of this Village having application
thereto.
Storm sewers, other than that exempted under § 470-54, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers or to a natural outlet. Stormwater, including unpolluted industrial cooling water or process waters, may be discharged, on approval of the District approving authority, to a combined sewer.
Except as hereinafter provided, no person shall discharge or
cause to be discharged any of the following described waters or wastes
to any public sewer:
A.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid or gas.
B.
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any waste treatment process,
constitute a hazard to humans or animals, or create a public nuisance
in the receiving waters of the wastewater treatment facility.
C.
Any waters or wastes having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the wastewater collection and treatment
facilities.
D.
Any waters or wastes having a pH in excess of 9.0.
E.
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 collection and treatment
facilities, such as, but not limited to, ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings,
entrails, and paper dishes, cups, milk containers, etc., either whole
or ground by garbage grinders.
F.
The following described substances, materials, waters or wastes shall
be limited in discharges to municipal 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,
public property, or constitute a nuisance. The District approving
authority may set limitations lower than the limitations established
in the regulations below if, in his/her opinion, such more severe
limitations are necessary to meet the above objectives. In forming
his/her opinion as to the acceptability, the District approving authority
will give consideration to such factors as the quantity of subject
waste in relation to flows and velocities in the sewers, materials
of construction of the sanitary sewers, the wastewater treatment process
employed, capacity of the wastewater treatment facility, and other
pertinent factors. The limitations or restrictions on materials or
characteristics of waste or wastewater discharged to the sanitary
sewers which shall not be violated without approval of the District
approving authority are as follows:
(1)
Wastewater having a temperature higher than 150° F. (65°
C.).
(2)
Wastewater containing more than 100 mg/l of petroleum, oil, nonbiodegradable
cutting oils, or products of mineral oil origin.
(3)
Wastewater from industrial plants containing floatable oils, fats
or grease.
(4)
Any garbage that has not been properly shredded. 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.
(5)
Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances to such degree that any
such material received in the composite wastewater at the wastewater
treatment facility exceeds the limits established by the District
approving authority for such matters.
(6)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the District approving authority.
(7)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the District approving authority
in compliance with applicable state or federal regulations.
(8)
Quantities of flow, concentrations, or both, which constitute a "slug"
as defined herein.
(9)
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 a degree that the wastewater
treatment facility effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
(10)
Any waters or wastes which, by interaction with other waters
or wastes in the sanitary sewer system, release obnoxious gases, form
suspended solids which interfere with the collection system, or create
a condition deleterious to structures and treatment processes.
(11)
Materials which exert or cause:
(a)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment facility.
(b)
Unusual volume of flow or concentration of wastes constituting
"slugs" as defined herein.
(c)
Unusual concentrations of inert suspended solids (such as, but
not limited to, fuller's earth, lime slurries, and lime residues)
or of dissolved solids (such as, but not limited to, sodium sulfate).
(d)
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
G.
The Village shall comply with all the appropriate requirements of
the District's WPDES Permit No. WI-0031232-2 and of all modifications
thereof. No discharge shall be allowed into the sanitary sewers that
is in violation of the requirements of the WPDES permit and the modifications
thereof.
No statement contained in this article shall be construed as
prohibiting any special agreement between the District approving authority
and municipal approving authority and any person whereby an industrial
waste of unusual strength or character may be admitted to the wastewater
collection and treatment facilities, either before or after pretreatment,
provided that there is no impairment of the functioning of the wastewater
collection and treatment facilities by reason of the admission of
such wastes and no extra costs are incurred by the District or Village
without recompense by the person, provided that all rates and provisions
set forth in this article are recognized and adhered to.
A.
Within three months after passage of the Rules and Regulations of
the District, each person who discharges industrial wastes to a public
sewer shall prepare and file with both the District approving authority
and municipal approving authority a report that shall include pertinent
data relating to the quantity and characteristics of the wastes discharged
to the wastewater collection and treatment facilities. This data shall
be subsequently provided annually to both authorities at a time specified
by the District approving authority. The following forms or the information
needed to complete them will be accepted:
B.
Similarly, each person desiring to make a new connection to a public
sewer for the purpose of discharging industrial wastes shall prepare
and file with both the District approving authority and the municipal
approving authority a report that shall include actual or predicted
data relating to the quantity and characteristics of the waste to
be discharged.
C.
The above is required to comply with Wisconsin Pollutant Discharge
Elimination System Permit No. WI-003123202-2.
When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by § 470-58, a request for extension of time may be presented to the District approving authority for consideration.
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 this article and which,
in the judgment of the District approving authority, have a deleterious
effect upon the sewage works, processes, equipment or receiving waters,
or which otherwise create a hazard to life or health or constitute
a public nuisance, the District approving authority may:
A.
Each person discharging industrial wastes into a public sewer shall
construct and maintain one or more control manholes or access points
to facilitate observation, measurement, and sampling of his/her wastes,
including domestic sewage.
B.
Control manholes or access facilities shall be located and built
in a manner acceptable to the District approving authority, and the
location of the same shall be approved by the municipal approving
authority. If measuring devices are to be permanently installed, they
shall be of a type acceptable to the District approving authority.
C.
Control manholes, access facilities, and related equipment shall
be installed by the person discharging the waste, at his/her expense,
and shall be maintained by him/her so as to be in safe condition,
accessible, and in proper operating condition at all times. Plans
for installation of the control manholes or access facilities and
related equipment shall be approved by the District approving authority
prior to the beginning of construction.
In the event that a person discharging industrial waste into
the sanitary sewers produces evidence satisfactory to the District
approving authority that more than 20% of the total annual volume
of water used for all purposes does not reach the sanitary sewer,
then the determination of the water consumption to be used in computing
the waste volume discharged into the sanitary sewer may be made a
matter of agreement between the District approving authority and the
municipal approving authority and the person.
Devices for measuring the volumes of waste discharged may be
required by the District 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. Following approval and installation,
such meters may not be removed without the consent of the District
approving authority.
A.
Industrial wastes discharged into the public sewers shall be subject
to periodic inspection and a determination of character and concentration
of said wastes. The determination shall be made by the industry as
often as may be deemed necessary by the District approving authority.
B.
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 District approving authority.
C.
Samples and the operation and maintenance of the sampling facilities
shall be the responsibility of the person discharging the waste and
shall be subject to the District approving authority. Access to sampling
locations shall be granted to the District approving authority or
its duly authorized representative 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.
Where required in the opinion of the District approving authority
to modify or eliminate wastes that are harmful to the structures,
processes or operation of the wastewater treatment works, the person
shall provide, at his/her expense, such preliminary treatment processing
facilities as may be determined necessary to render his/her wastes
acceptable for admission to the sanitary sewers. Preliminary treatment
or processing facilities may be required when in the opinion of the
municipal approving authority it is necessary to eliminate harmful
effects to the structures, processes or operation of the municipal
wastewater collection facilities.
Grease, oil and sand interceptors shall be provided when in the opinion of the District approving authority they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 470-56F(3), 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 a type and capacity approved by the District approving authority and shall be located 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 District 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 Wisconsin Department of Natural Resources (DNR) practice.
A.
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 for the
Examination of Water and Wastewater," published by the American Public
Health Association, et al, and with the federal regulations, 40 CFR
136, Guidelines Establishing Test Procedures for Analysis of Pollutants.
Sampling methods, location, time, duration and frequency are to be
determined on an individual basis subject to approval by the District
approving authority.
B.
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or his/her agent,
as designated and required by the District approving authority. The
District approving authority may also make its own analyses on the
wastes, and these determinations shall be binding as a basis for user
charges and/or industrial cost recovery charges.
Plans, specifications and any other pertinent information relating
to proposed flow equalization, pretreatment and processing facilities
shall be submitted for review of the District approving authority
prior to the start of their construction if the effluent from such
facilities is to be discharged into the public sewer.
A.
Sewer users served by Water Utility water meters. There is hereby
levied and assessed upon each lot, parcel of land, building or premises
having a connection with the wastewater system and being served with
water solely by the Water Utility a wastewater treatment service charge
based, in part, on the quantity of water used, as measured by the
Water Utility water meter used upon the premises.
B.
Sewer users served by private wells.
(1)
If any person discharging sewage into the public sanitary sewer system
procures any part or all of his/her water from sources other than
the Water Utility, all or part of which is discharged into the public
sanitary system, the person shall either:
(2)
The water meters shall be furnished by the Water Utility and installed
under its supervision, all costs being at the expense of the person
requiring the meter.
(3)
The Water Utility will charge for each meter a rental charge set
by the Water Utility to compensate for the cost of furnishing and
servicing the meter.
C.
Summer credit system for sewer service.
(1)
A credit system has been formulated to minimize sewer service charges
on water that does not enter the sanitary sewer. The non-winter monthly
bills will be based on the sewer user rate established and adopted
for this purpose.
(3)
The summer credit system applies only to residential accounts.
A.
Category A users. "Category A" is defined as normal domestic wastewater
having concentrations of biochemical oxygen demand (BOD) no greater
than 180 mg/l, suspended solids no greater than 250 mg/l, and phosphorus
no greater than eight mg/l. The user charge for Category A wastewater
is a volume charge established by the Village Board plus surcharges
for BOD, suspended solids, and phosphorus. The District determines
annual user charges for BOD, suspended solids, and phosphorus according
to its Rules and Regulations, Article V, Schedule of Charges and Fees,
Section 502, Amount of User Charge. The Village will revise Category
A user charges annually to reflect District changes.
[Amended 3-5-2012 by Ord. No. 3-2012]
B.
Category B users. "Category B" is defined as wastewater having concentrations
of biochemical oxygen demand (BOD) greater than 180 mg/l, suspended
solids greater than 250 mg/l. and/or phosphorus greater than eight
mg/l. The user charge for Category B wastewater is a volume charge
established by the Village Board plus surcharges for BOD, suspended
solids and phosphorus. The District determines annual user charges
for BOD, suspended solids, and phosphorus according to its Rules and
Regulations, Article V, Schedule of Charges and Fees, Section 502,
Amount of User Charge. The Village will revise Category B user charges
annually to reflect District changes.
[Amended 3-5-2012 by Ord. No. 3-2012]
C.
Reassignment of sewer users. The District approving authority will
reassign sewer users into appropriate user charge categories if wastewater
sampling programs and other related information indicate a change
of categories is necessary.
D.
Replacement fund account. The annual replacement revenues will be
maintained in a separate account by the District to be used solely
for the purpose of purchasing replacement parts and/or equipment.
Funds may be withdrawn from this account for the authorized use only
with the approval of the District approving authority.
E.
Disposal of septic 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 District approving authority. Written application
for this permit shall be made to the District approving authority
and shall state the name and address of the applicant; the number
of its disposal units; and 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 permit may be obtained upon payment of a fee of $100 per
calendar year. The time and place of disposal will be designated by
the District approving authority.
(2)
The District approving authority may impose such conditions as it
deems necessary on any permit granted.
(3)
Any person or party disposing of septic tank sludge or holding tank
sewage is 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 the failure
to act, by any of his/her employees. The person(s) shall furnish a
certificate certifying such insurance to be in full force and effect.
(4)
All materials disposed of into the treatment system shall be of domestic
origin or compatible pollutants only, and the person 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.[1]
(5)
Persons with a permit for disposing of septic tank sludge and/or
holding tank sewage into the wastewater collection and treatment facilities
shall be charged based on volumes and strengths of discharged waste,
plus an administrative fee per load as established by the District.
(6)
Payments for disposal of septic tank sludge and/or holding tank sewage
shall be made to the District. If the material is disposed of into
one of Kimberly's sanitary sewers, the District shall credit the Village
of Kimberly for the full amount of the disposal charge.
(7)
The person(s) disposing waste agrees to indemnify and hold harmless
the Village and District from any and all liability and claims for
damages arising out of or resulting from work and labor performed.
A.
Calculation of user charges. User charges that shall be assessed to Kimberly sewer users shall be computed by the Village according to the rates and formula presented in § 470-71 of this article. The District shall provide the Village with all information in its possession necessary to compute the same.
B.
Calculation of industrial cost recovery charges. Industrial cost recovery charges shall be computed by the Village according to the rates and formulas presented in § 470-71 of this article. The District shall provide the Village with all information in its possession necessary to compute the same.
C.
User charge billing period. User charges shall be billed by the Village
to the sewer users on a quarterly basis.
D.
Industrial cost recovery charge billing period. Industrial cost recovery
charges shall be billed by the Village to those subject to the charge
on a quarterly basis.
E.
Payment of user charges. Those persons billed by the Village for
user charges shall pay such charges within 20 days after the billing
date at the Clerk's office in the Village Hall. A late payment charge
of 1% per month will be added to bills not paid within 20 days of
issuance.
[Amended 10-12-2020 by Ord. No. 7-2020]
F.
Payment of industrial cost recovery charges. Those industries billed
by the Village for industrial cost recovery charges shall pay such
charges within 20 days after the billing date at the Administrator's
office in the Municipal Complex. Industrial cost recovery charges
collected by the Village from the industries shall be turned over
to the District within 60 days from the date that the Village bills
the industry.
G.
Penalties.
(1)
Such user charges and industrial cost recovery charges levied by
the Village against the sewer users in accordance with this article
shall be a debt due to the Village and shall be a lien upon the property.
If this debt is not paid within 30 days after it shall be due, it
shall be deemed delinquent and may be placed on the next year's tax
roll by use of the procedures set forth in § 66.0809, Wis.
Stats., and be collected as other taxes are collected. A penalty of
10% will be added to the delinquent balance when it is placed on the
tax roll.
(2)
Change of ownership or occupancy of premises found delinquent shall
not be cause for reducing or eliminating this penalty.
The District and municipal approving authorities or other duly
authorized employees of the District or municipality, bearing proper
credentials and identification, shall be permitted to enter all properties
for the purpose of inspection, observation or testing, in accordance
with all of the provisions of this article and § 200.11(3),
Wis. Stats. The District and municipal approving authorities or other
duly authorized employees of the District and municipality shall have
no authority to inquire into any process beyond that point having
a direct bearing on the kind and source of discharge to the sewers
or waterways or wastewater treatment facilities.
While performing the necessary work on private premises referred to in § 470-73, the duly authorized District and municipal employees shall observe all safety rules applicable to the premises established by the person; and the District and/or municipality shall indemnify the person against loss or damage for personal injury or property damage asserted against the person and growing out of gauging and sampling operations, and indemnify the person against loss or damage to its property by District and/or municipal employees, except as such may be caused by negligence or failure of the person to maintain safe conditions as required in § 470-61.
The District and municipal approving authorities or other duly
authorized employees of the District and municipality, bearing proper
credentials and identification, shall be permitted to enter all private
properties through which the District and/or municipality holds a
duly negotiated 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 this duly negotiated easement.
A.
Work authorized. No authorized person shall uncover, make any connections
with or opening into, use, alter or disturb the sanitary sewer or
appurtenance thereof without first obtaining a written permit from
the municipal approving authority.
B.
Cost of sewer construction.
(1)
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the person. The person shall
indemnify the Village from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
(2)
Prior to connecting any building sewer lateral to a main which utilizes
the southside interceptor line constructed in 1981, the property owner
will be required to pay a standby charge. Such charge will be based
on property use, with residential being $800 and other users increasing
according to the rate schedule adopted.
(3)
A property owner will be excluded from this charge if the standby
charge was collected from the subdivider.
C.
New construction inspection. No connection with any sewer main or
any part thereof shall be covered until the same has been inspected
by the Building Inspector or some other person authorized to make
such inspection by the Village of Kimberly. Before any such connection
shall be covered, the person making the inspection on behalf of the
Village shall endorse the approval of the same upon the permit. No
connection shall be made to any sewer main except through a "Y" branch
unless specifically authorized by the Plumbing Inspector. Connections
to the main sewers shall be four inches in diameter, unless otherwise
permitted or required by the Plumbing Inspector.
D.
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 municipal approving authority, to meet all requirements of
this chapter.
E.
Materials and methods of construction. The size, slope, alignment,
materials or construction of a building sewer and the methods to be
used in excavating, placing of the pipe, jointing, testing and backfilling
the trench shall all conform to the requirements of the Building and
Plumbing Codes or other applicable rules and regulations of the Village.
In the absence of code provisions or in amplification thereof, the
materials and procedures set forth in appropriate specifications of
the ASTM and WPCF Manual of Practice No. 9 shall apply.
F.
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.
G.
Stormwater and groundwater drains.
(1)
No persons shall make connection of roof downspouts, exterior foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to the building sewer or building drain which is connected directly
or indirectly to a sanitary sewer.
(2)
All existing downspouts or groundwater drains, etc., connected directly
or indirectly to a sanitary sewer, must be disconnected within 60
days of the date of an official written notice from the municipal
approving authority.
H.
Stormwater and groundwater drain prohibition.
(1)
Prohibited discharges. No person shall discharge or cause to be discharged
into any sanitary sewer any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters. All stormwater, surface water,
groundwater, roof runoff, subsurface drainage, uncontaminated cooling
water and all other unpolluted drainage and clear water shall be discharged
into such sewers as are designated as storm sewers whenever reasonably
available; provided, further, that if no storm sewer is available,
in no event shall any such waters be discharged into any sanitary
sewer.
(2)
Permitted sump pump discharges. All sump pumps installed for the
purpose of discharging clear water from foundation drains, basement
drains and ground infiltration shall discharge into a storm sewer
whenever available and, if no storm sewer is available, shall discharge
into an underground conduit leading to a drainage ditch, gutter, dry
well or onto the ground at a point which is not less than three feet
from the building and is above permanent grade.
(3)
Compliance inspections. In carrying out the provisions of this section,
the Building Inspector and his/her agents shall have the authority
to enter upon private premises at reasonable times to determine whether
any of the water discharged hereinabove described exists thereon and
whether such drainage complies with the provisions of this section.
No person shall refuse to permit the Building Inspector or his/her
agents to enter upon any premises at reasonable times to exercise
their duties under this section.
(4)
Presumption of noncompliance. It shall be rebuttably presumed that
clear water is being discharged in a sanitary sewer if it is shown
that existing sump pumps or other means of clear water discharge have
been or can be readily connected to drains, pipes or other mechanisms
of discharge connected to the sanitary sewer drain within the premises.
(5)
Sump pump discharge across sidewalks prohibited. No sump pump discharge
shall be allowed to flow on or across a public sidewalk. Sump pump
discharge shall be directed to flow to the backyard, in all cases,
commencing November 15 of each year and continuing until April 15
of the following year.
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
Village or the procedures set forth in appropriate specifications
of the ASTM and WPCF 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 municipal approving
authority before installation.
J.
Inspection of connection. The applicant for a building sewer permit
shall notify the municipal approving authority when the building sewer
is ready for inspection and connection to the public sewer. The connection
shall be made under the supervision of the municipal approving authority.
K.
System requirements; new construction and system reconstruction.
(1)
Design and maintenance requirements. All sanitary sewer mains and
laterals, both public and private, shall be constructed and maintained
in such fashion that the effects of clear water on the system are
held to an absolute minimum.
(2)
Compliance with codes. All work, construction techniques, and materials
incorporated into the project shall be in strict conformance with
state and local codes and the Standard Specifications for Sewer and
Water Construction in Wisconsin, latest edition.
L.
Barricades; restoration. All excavations for a building sewer installation
shall be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the municipal approving authority.
Violation of any provision of this article or any other rule
or order lawfully promulgated by the Village Board of the Village
of Kimberly is declared to be a public nuisance.
The municipal approving authority shall enforce the provisions
of this article that come within the jurisdiction of his/her office,
and he/she shall make periodic inspections and inspections upon complaint
to ensure that such provisions are not violated. No action shall be
taken under this article to abate a public nuisance unless the municipal
approving authority shall have inspected or caused to be inspected
the premises where the nuisance is alleged to exist and shall have
satisfied himself/herself that a nuisance does, in fact, exist.
If the municipal approving authority determines that a public
nuisance exists within the Village and that there is great and immediate
danger to the public health, safety, peace, morals or decency, the
municipal approving authority may cause the same to be abated and
charge the cost thereof to the owner, occupant or person causing,
permitting or maintaining the nuisance, as the case may be.
If the municipal approving authority determines that a public nuisance exists on private premises 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, he/she shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in § 470-79.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisances by the Village or its officials in accordance
with the laws of the State of Wisconsin.
Except when necessary under § 470-79, the municipal approving authority shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
In addition to any other penalty imposed by this article for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the cost of abating a public nuisance by the Village
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, and such cost shall be assessed
against the real estate as a special charge.
Any person, partnership or corporation or any officer, agent
or employee thereof who shall continue any violation beyond the aforesaid
notice time limits provided shall, upon conviction hereof, forfeit
not more than $200, together with the costs of prosecution. In default
of payment of such forfeiture and costs, said violator shall be imprisoned
in the Outagamie County Jail for a period not to exceed 30 days. Each
day in which any violation is continued beyond the aforesaid notice
time limit shall be deemed a separate offense.
A.
Any person violating any provisions of this article shall become
liable to the Village and/or District for any expense, loss or damage
occasioned by reason of such violation which the Village and/or District
may suffer as a result thereof.
B.
If any violations affect the District wastewater collection and treatment
facilities, as well as the municipal sanitary sewer system, the District
may penalize the violator independently and concurrently with the
Village according to the District's Rules and Regulations.
C.
The District approving authority must be notified immediately by
any person becoming aware of any violations that occur.
Any user, permit applicant, or permit holder affected by any decision, action or determination, including cease and desist orders, made by the municipal approving authority in interpreting or implementing the provisions of this article or in any permit issued herein may have such determination reviewed as provided in Chapter 7 of the Code of the Village of Kimberly. Chapter 7 of the Code of the Village of Kimberly is titled “Administrative Review," and is in effect in the Village of Kimberly, and incorporates therein, as necessary, the provisions of Ch. 68, Wis. Stats., as amended from time to time.
The Village, through its duly authorized officers, reserves
the right to amend this article in part or whole whenever it may deem
necessary, but such right will be exercised only after due notice
to all persons concerned and after proper hearing on the proposed
amendment.
In the event that any provision of the rules and regulations
of the District is in conflict with this article, the former shall
control.
The Village shall conduct an annual audit, the purpose of which
shall be to maintain the proper proportion between users and user
classes of the user charge system and to ensure that adequate revenues
are available to meet the charges assessed to the Village by the District.
Copies of the municipal annual audit reports may be submitted to the
District approving authority after the municipal annual audits have
been completed.
