[Adopted 7-22-1993 as Title 9, Ch. 2, of the 1993 Code]
The meaning of terms used in this article shall be as follows:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as amended by the Federal Water Pollution Control Act amendments
of 1972 (Pub. L. 92-500 and Pub. L. 93-243) or modified by Ch. 283,
Wis. Stats., or appropriate sections of the Wisconsin Administrative
Code adopted pursuant to Ch. 283, Wis. Stats.
The Common Council of the City of Marion.
The quantity of oxygen expressed in milligrams per liter
(mg/l) utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five days at a temperature of 20°
C. The laboratory determinations shall be made in accordance with
procedures set forth in Standard Methods.
The City of Marion or any authorized person acting on its
behalf.
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
The annual costs of principal and interest incurred by the
City on the wastewater treatment facility.
Funds set aside annually for:
Purchase and installation of new equipment or modifications
to existing facilities which will improve the operation and performance
of the wastewater treatment facilities or wastewater pumping stations.
Purchase of trucks and heavy equipment needed for operation
and maintenance.
Purchase of office and accounting equipment.[1]
Water-borne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial wastes and in which
the average concentration of suspended solids is established at or
below 250 mg/l and the BOD is established at or below 250 mg/l.
Recovery by the grantee (City) from the industrial users
of a wastewater works of the grant amount allocable to the treatment
of wastes from such users pursuant to Section 204(b) of the Act.[2]
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 the following divisions:
In determining the amount of a user's discharge for purposes
of industrial cost recovery, the grantee may exclude domestic wastes
for discharges from sanitary conveniences. After applying the sanitary
waste exclusion, dischargers in the above divisions that have a volume
exceeding 25,000 gpd or the weight of biochemical oxygen demand (BOD)
or suspended solids (SS) equivalent to that weight found in 25,000
gpd of sanitary waste are considered industrial users. Sanitary wastes,
for purposes of this calculation of equivalency, are the wastes discharged
from residential users.
Any nongovernmental user of a publicly owned treatment works
which discharges wastewater to the treatment works which contains
toxic pollutants or poisonous solids, liquids or gases in sufficient
quantity, either singly or by interaction with other wastes, to contaminate
the sludge of any municipal systems or to injure or to interfere with
any sewage treatment process or which constitutes a hazard to humans
or animals, creates a public nuisance, or creates any hazard in or
has an adverse effect on the waters receiving any discharge from the
treatment works.
Any water-borne solids, liquids or gaseous wastes, other
than domestic wastewater, resulting from, discharging from, flowing
from or escaping from any commercial, industrial, manufacturing or
food processing operation or process or from the development of any
natural resource, or any mixture of these with water or domestic wastewater.
Expenditures made by the City in the operation and maintenance
of its wastewater treatment facilities and wastewater pumping stations
consisting of and limited to the actual sums spent for each and all
of the following purposes:
Wages and salaries of operating, maintenance, clerical, laboratory
and supervisory personnel, together with fringe benefits and premiums
paid on such wages and salaries for the state workers' compensation
coverage and Public Employees Retirement Act benefits.
Electrical power.
Chemicals, fuel and other operating supplies.
Repairs to and maintenance of the equipment associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Replacement.
Any and all persons, natural or artificial, including any
individual, firm, company, municipal or private corporation, association,
governmental agency or other entity and agents, servants or employees.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in Standard Methods.
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed.
A sewer that conveys domestic wastewater or industrial waste
or a combination of both and into which stormwater, surface water
and groundwater or unpolluted industrial wastewater is not intentionally
passed.
A sudden increase in sewage discharge that may tend to overload
the receiving sewer.
The examination and analytical procedures set forth in the
latest edition of Standard Methods for the Examination of Water and
Wastewater as prepared, approved and published jointly by the American
Public Health Association, the American Water Works Association and
the Water Environment Federation.[3]
A sewer which carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
The superintendent of the wastewater treatment plant who
shall be in charge of and supervise the operations and functions of
the wastewater treatment plant.
An additional charge related to industrial wastes being discharged
by any user having unusual characteristics such as excessive BOD,
excessive suspended solids or other pollutants.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by a laboratory
filtration device. Quantitative determination of suspended solids
shall be made in accordance with procedures set forth in Standard
Methods.
Water or waste containing none of the substances or characteristics defined under § 580-36, Prohibited discharges, and shall contain not more than 30 mg/l each of suspended solids and BOD.
Any person discharging domestic wastewater or industrial
wastes into the collection system.
A charge levied on users of a wastewater works for the cost
of operation and maintenance (including replacement) of the wastewater
treatment facilities and wastewater pumping stations and local capital
costs, such as debt retirement, depreciation and previous year operating
debt.
A group of users having similar wastewater flows and characteristics,
levels of BOD, suspended solids, etc.
Any solid, liquid or gaseous material or combination thereof
discharged from any residences, business buildings, institutions and
industrial establishments into the collection system or storm sewer.
A combination of the water-carried waste discharged into
the collection system from residences, business buildings, institutions
and industrial establishments, together with such groundwater, surface
water and stormwater as may be present.
A pumping facility utilized to pump wastewater within the
collection system.
Any City-owned facility, devices and structures used for
receiving and treating wastewater from the City collection system.
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283,
Wis. Stats.
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
to only storm sewers or to a natural outlet. Unpolluted water or wastewater
may be discharged upon prior written approval of the Superintendent
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 collection
system either directly or indirectly any of the following described
wastes or wastewater:
(1)
Any liquid having a temperature higher than 150° F. (65°
C.).
(2)
Any wax, grease or oil, plastic or any other substance that will
solidify or become discernibly viscous at temperatures between 32°
F. and 150° F. (0° C. and 65° C.).
(3)
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 works.
(4)
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
works.
(5)
Any garbage that has not been properly comminuted or shredded.
(6)
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.
(7)
Any wastes or wastewater having a pH lower than 5.5 or higher than
10.5 or having any corrosive property capable of causing damage or
hazards to the wastewater works or personnel.
(8)
Any wastes or wastewater of such character and quantity that unusual
attention or expense is required to handle it in the wastewater works.
(9)
Any wastewater or wastes containing a toxic or poisonous substance,
such as plating or treating wastes, in sufficient quantity to injure
or interfere with any wastewater treatment process, to constitute
a hazard to humans or animals, to create any hazard in the wastewater
works, or which would cause the City 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.
(10)
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.
(11)
Free or emulsified oil and grease exceeding on analysis an average
of 100 mg/l of either or both or combinations of free or emulsified
oil and grease if, in the opinion of the Superintendent, 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 will 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.
(12)
Any cyanides or cyanogens compounds capable of liberating hydrocyanic
gas or acidification in excess of 0.5 mg/l by weight as cyanide in
the wastes.
(13)
Wastes or wastewater which:
(a)
Causes unusual concentrations of solids or composition; as for
example, in total suspended solids of inert nature (such as fuller's
earth) and/or in total dissolved solids (such as sodium chloride or
sodium sulfate).
(b)
Causes excessive discoloration in the wastewater treatment facility's
discharge.
(c)
Has BOD in excess of 900 mg/l based upon a twenty-four-hour
composite sample.
(d)
Has a total BOD or suspended solids loading in excess of the wastewater discharge permit described in § 580-42.
(e)
Is discharged without application for a wastewater discharge permit or contractual agreement as required under § 580-42.
(f)
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 works. Where, in the opinion of the Superintendent, 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 facilities to be in violation of any of the
requirements of their WPDES permit.
Any person who accidentally discharges wastes or wastewater prohibited under § 580-36 into the wastewater works or storm sewer shall immediately report such discharge to the Superintendent.
A.
The approving authority may require pretreatment facilities of any
person discharging or planning to discharge industrial waste, if the
waste or wastewater could:
(1)
Cause damage to the collection system.
(2)
Impair the treatment process.
(3)
Cause the City to incur treatment costs exceeding those of domestic
wastewater.
(4)
Have any of the characteristics of the prohibited discharges described in § 580-36 of this article.
(5)
Cause the wastewater treatment facilities to exceed their total design
loading for volume, BOD, suspended solids or any pollutant.
(6)
Cause a particular industry to exceed its design allocation for volume,
BOD, suspended solids or any other pollutant.
B.
Construction, operation and maintenance of pretreatment facilities
shall be at the expense of the person discharging the industrial waste.
C.
Plans, specifications and any other pertinent information relating
to proposed pretreatment facilities shall be submitted for review
of the Superintendent and Street Supereminent prior to the start of
construction.[1]
D.
In accordance with Ch. NR 114, Wis. Adm. Code, all pretreatment facilities
shall be operated by qualified personnel holding a Class 5 license
issued by the Wisconsin Department of Natural Resources.
Grease, oil and sand interceptors shall be provided at repair
garages, gasoline stations, car washes and other industrial or commercial
establishments for the proper handling of liquid wastes containing
grease in excessive amounts, oil, flammable wastes, 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
and easily 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.
A.
The water consumption, as determined from the meter records of the
City Water Utility, shall be the basis for computing the wastewater
flow, unless:[1]
(1)
The water is contained in a product or is evaporated or is discharged
as unpolluted water or waste to surface drainage. In such cases, an
application may be made for a reduction in the volume of wastewater
discharged to the collection system, provided that supporting data,
satisfactory to the Superintendent, is furnished. This data shall
include a flow diagram, destination of water and/or wastewater, supported
by submetering data installed on such process piping at the expense
of the user.
(2)
The water is condensed from a product, so that the quantity of wastewater
is increased over the amount of water being metered. In such cases,
the increased flow shall be measured in a manner which is acceptable
to the Superintendent and added to the flow obtained from the water
meter readings.
(3)
Measured through a properly installed deduct meter.
(4)
Any lot, parcel of land, building or premises discharging domestic
wastewater or industrial waste into the collection system is supplied
in whole or in part with water not obtained from the City. The owner
or occupant of such property shall cause to be installed necessary
metering equipment as approved by the Superintendent to measure the
quantity of water pumped or discharged to the collection system. The
user charge shall be based on the quantity of water so measured. Whenever
the person fails to install such metering equipment, or where it is
not practicable to measure the water consumed on any premises by a
meter or meters, the Superintendent shall determine the estimated
volume of water discharged into the wastewater works.
B.
The Superintendent may require the installation of devices for metering
the volume of waste discharged if those volumes cannot otherwise be
determined from metered water consumption records or if the user discharges
over 10,000 gallons on any day. The metering devices shall be owned
and maintained by the person and may not be removed without the consent
of the Superintendent.
C.
All persons discharging industrial wastes into the wastewater works
shall construct and maintain control manholes in suitable and accessible
positions on public property or easement to facilitate the observation,
measurement and sampling of all his wastes or wastewater. Control
manholes shall be located and constructed in a manner approved by
the Superintendent. Plans shall be submitted to the Superintendent
prior to construction.
A.
The City will collect samples and perform laboratory tests on industrial
waste discharges as necessary to verify the quantity of flow and character
and concentration of an industrial waste. The City's test results
shall be used to determine the applicable surcharge.
B.
Waste or wastewater discharge may be sampled manually or by the use of mechanical equipment as necessary to obtain a representative twenty-four-hour composite sample. Samples shall be taken at intervals to be established by contractual agreement under § 580-42 or at such intervals as determined by the Superintendent.
C.
When Ch. NR 101 or NR 202, Wis. Adm. Code, requires the submittal
of the character and concentration of wastes, waste volume, and production
information to the City or Wisconsin Department of Natural Resources
(DNR), the user shall have the waste character and concentration determined
by an independent testing laboratory. A copy of the test results and
DNR reports shall be submitted to the Superintendent.
D.
All measurements, tests and analyses of the characteristics of industrial
wastes shall be determined in accordance with Standard Methods or
40 CFR 136. Alternate methods of analysis may be used, subject to
prior written approval of the Superintendent.
A.
Wastewater discharge permit.
(1)
A wastewater discharge permit is required under this section if a
person's discharge into the City wastewater works has any of
the following characteristics:
(2)
Any such person planning to discharge, changing the characteristics
of its discharge or whose discharge permit has expired shall make
application to the Superintendent within 60 days prior to the discharge.
All persons currently discharging shall make application to the Superintendent
within 60 days after September 10, 1979, and must have an executed
permit within 60 days of application to discharge or discontinue discharging.
A discharge permit will be required for each separate point of discharge
into the City wastewater works. No person shall discharge waste or
wastewater into the City wastewater works without a wastewater discharge
permit, if required by this section.
B.
Permit application.
(1)
Users seeking a wastewater discharge permit shall complete and file
with the Superintendent an application on the form prescribed by the
Superintendent. In support of this application, the user shall submit
the following information:
(a)
Name, address and standard industrial classification number
of applicant.
(b)
Average daily volume of wastewater to be discharged.
(c)
Wastewater constituents and characteristics as determined by
a method approved by the Superintendent.
(d)
Time and duration of discharge.
(e)
Average and peak wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
(g)
Description of activities, facilities and plant processes on
the premises, including all materials and types of materials which
are, or could be, discharged.
(h)
Each product produced by type, amount and rate of production.
(i)
Number and type of employees and hours of work.
(j)
Any other information as may be deemed by the Superintendent
to be necessary to evaluate the permit application.
(2)
The Superintendent will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance
of the data furnished, the Superintendent may issue a wastewater discharge
permit subject to terms and conditions provided herein.
C.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other regulations,
user charges and fees established by the approving authority. The
conditions of wastewater discharge permits shall be uniformly enforced
by the Superintendent in accordance with this article and applicable
state and federal regulations.
(1)
Permit
conditions will include the following:
(a)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the wastewater works.
(b)
The average and maximum wastewater constituents and characteristics.
(c)
Limits on rate and time of discharge or requirements for flow
regulations and equalization.
(d)
Requirements for installation of control manholes.
(e)
Pretreatment requirements.
(f)
Requirements for maintaining plant records relating to wastewater
discharges as specified by the Superintendent and affording the City
access thereto.
(g)
Average and maximum pollutant concentrations and total daily
average and maximum pollutant discharges for all pollutants, subject
to limitations and prohibitions which are present in the user's
wastewater discharge.
(h)
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this article.
(2)
All
persons required to make application for a wastewater discharge permit
shall, before issuance of the permit, enter into a contractual agreement
with the City. The contractual agreement shall contain the conditions
set forth in the discharge permit, requirements for industrial cost
recovery charges, and other items deemed necessary by the approving
authority.
D.
Duration of permits. A permit shall be issued for one year and shall
be automatically renewed on a year-to-year basis thereafter, unless
the person is notified by the Superintendent within 60 days prior
to the expiration of the permit or any renewal thereof. After such
notification by the Superintendent, the permit shall expire on the
end of that year. The terms and conditions of the permit shall be
subject to modification and change by the Superintendent during the
life of the permit, if so required because of any ordinances, statutes
or rules and regulations of the approving authority or any applicable
state or federal body. The person shall be informed of any proposed
changes in his permit at least 60 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.
Transfer of a permit. 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.
F.
Revocation of permit. Any user who violates any of the conditions
of his permit, contractual agreement, this article, or applicable
state and federal regulations is subject to having his permit revoked.
The City shall be permitted to gain access to such properties
as may be necessary for the purpose of inspection, observation, measurement,
sampling and testing, in accordance with provisions of this article.
When requested by the user furnishing a report or permit application
or questionnaire, the portions of the report or other document which
might disclose trade secrets and secret processes shall not be made
available for inspection by the public but shall be available for
use by the City or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report.
No unauthorized person shall maliciously, willfully or negligently
break, damage, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater works.
A.
The approving authority shall make the following charges to offset
the cost of operation and maintenance, debt retirement, and previous
years' operating debt of its wastewater treatment facility and
operation and maintenance of the wastewater pumping station. The costs
shall be reviewed and the rates adjusted by the approving authority
on an annual basis, except that, if necessary, the rates may be adjusted
more frequently.[1]
B.
Formula.
 |
|
Where:
| ||||
|
C
|
=
|
A user's total charge per unit of time.
| ||
|
A
|
=
|
A user's charge for accounting and collecting per unit
of time.
| ||
|
U
|
=
|
A user's charge for pumping and treating domestic wastewater
per unit of time.
| ||
|
S
|
=
|
A user's surcharge for wastewater having pollutant concentrations
in excess of domestic wastewater per unit of time.
| ||
|
Ca
|
=
|
Total cost for accounting and collecting per unit of time.
| ||
|
Cv
|
=
|
Total cost for pumping and treating domestic wastewater volume
per unit of time.
| ||
|
Cb
|
=
|
Total cost for treatment of a quantity of BOD above a concentration
of 250 mg/l per unit of time.
| ||
|
Cs
|
=
|
Total cost for treatment of a quantity of suspended solids above
a concentration of 250 mg/l per unit of time.
| ||
|
Cp
|
=
|
Total cost for treatment of a quantity of any pollutant above
base concentration per unit of time.
| ||
|
At
|
=
|
Total number of users per unit of time.
| ||
|
Vt
|
=
|
Total volume contribution from all users per unit of time.
| ||
|
Bt
|
=
|
Total quantity of BOD having a concentration above 250 mg/l
from all users per unit of time.
| ||
|
St
|
=
|
Total quantity of suspended solids having a concentration above
250 mg/l from all users per unit of time.
| ||
|
Pt
|
=
|
Total quantity of any pollutant contribution above base concentration
from all users per unit of time.
| ||
|
Vu
|
=
|
Volume contribution from a user per unit of time.
| ||
|
Bu
|
=
|
Quantity of BOD having a concentration above 250 mg/l from a
user per unit of time.
| ||
|
Su
|
=
|
Quantity of suspended solids having a concentration above 250
mg/l from a user per unit of time.
| ||
|
Pu
|
=
|
Quantity of any pollutant contribution above base concentration
from a user per unit of time.
| ||
C.
Persons discharging wastes with strengths or pollutant levels equal
to or less than domestic sewage shall pay the user charge for pumping
and treating domestic wastewater. Persons discharging wastes with
strengths or pollutant levels above domestic wastewater shall pay
the surcharge in addition to the user charge based on volume.[2]
D.
Any person discharging an industrial waste of such character that
it causes the City to incur additional expenses for treatment, to
the extent that the expenses are not covered by existing City user
charges or surcharges, shall pay the added cost of handling and treating
the wastewater.
E.
All liquid wastes from all septic tanks and dry wells to be disposed
of within the City, by either public or private means, shall be disposed
of at the wastewater treatment facilities of the City. The charges
for such disposal of liquid wastes from septic tanks and dry wells
shall be established by the approving authority.
Persons classified as industrial users, as defined in this article, and discharging wastes or wastewater other than domestic wastewater shall be charged an annual industrial cost recovery charge in addition to the user charge under § 580-46. Payment of the industrial cost recovery charge shall be established in the contractual agreement under § 580-42C(2) and in accordance with 40 CFR 35.928.
A.
INDUSTRIAL COST RECOVERY PERIOD
TOTAL GRANT AMOUNT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The industrial cost recovery period shall be equal to 30
years.
The amount received by the City for state and federal grant-in-aid
received after September 10, 1979.
B.
The industrial cost recovery charge shall be calculated as follows:
|
IU
IPU
|
=
=
|
1 (IGv IVu + IGb IBu + IGs ISu + IGp)
Industrial Cost (IVt IBt ISt IPt)
Recovery Period
|
|
Where:
| ||||
|
IU
|
=
|
A user's charge for industrial cost recovery per unit of
time.
| ||
|
IGv
|
=
|
That part of the total grant amount used for pumping and treatment
of wastewater volume.
| ||
|
IVu
|
=
|
Total volume contribution from a user per unit of time.
| ||
|
IVt
|
=
|
Total volume design capacity of treatment plant per unit of
time.
| ||
|
IGb
|
=
|
That part of the total grant amount used for treatment of BOD.
| ||
|
IBu
|
=
|
Total BOD contribution from a user per unit of time.
| ||
|
IBt
|
=
|
Total BOD design capacity of treatment plant per unit of time.
| ||
|
IGs
|
=
|
That part of the total grant amount used for treatment of suspended
solids.
| ||
|
ISu
|
=
|
Total suspended solids contribution from a user per unit of
time.
| ||
|
ISt
|
=
|
Total suspended solids design capacity of treatment plant per
unit of time.
| ||
|
IGp
|
=
|
That part of the total grant used for treatment of any pollutant(s).
| ||
|
IPU
|
=
|
Total contribution of any pollutant from a user per unit of
time.
| ||
|
IPt
|
=
|
Total of any pollutant design capacity of treatment plant per
unit of time.
| ||
|
IGu
|
=
|
That part of the total grant amount allocable to unused or unreserved
capacity.
| ||
C.
IGv, IGb, IGs, and IGp shall be mutually exclusive and shall not
include any portion of the total grant amount allocable to unused
or unreserved capacity, and the total grant amount shall equal the
sum of IGv + IGb + IGs + IGp + IGu.
D.
A minimum of 80% of the retained amounts, together with interest
earned thereon, shall be used solely for the eligible costs of the
expansion or reconstruction of treatment works associated with the
project and necessary to meet the requirements of the Federal Water
Pollution Control Act.
E.
The remainder of the retained amounts shall be used for operation
and maintenance of the wastewater treatment facility as the approving
authority sees fit and proper.
A.
Costs. The annual capital cost amortization for future improvements
to the City wastewater treatment facility shall be included in future
debt retirement costs and shall be part of the future user charges
and surcharges.
B.
Formula.
 |
|
Where:
| ||||
|
FU
|
=
|
Future increase in user charge per unit of time.
| ||
|
FS
|
=
|
Future increase in surcharge per unit of time.
| ||
|
FA
|
=
|
Total amount which is amortized as a result of future improvements
to the wastewater treatment facility per unit of time.
| ||
|
FAv
|
=
|
Amount of amortized cost attributed to treating domestic wastewater
volume per unit of time.
| ||
|
FAb
|
=
|
Amount of amortized cost attributed to treatment of BOD above
a concentration of 250 mg/l per unit of time.
| ||
|
FAs
|
=
|
Amount of amortized cost attributed to treatment of suspended
solids above a concentration of 250 mg/l per unit of time.
| ||
|
FAp
|
=
|
Amount of amortized cost attributed to treatment of any pollutant
above base concentration per unit of time.
| ||
|
FVt
|
=
|
Total volume contribution from all users per unit of time.
| ||
|
FBt
|
=
|
Total quantity of BOD having a concentration above 250 mg/l
from all users per unit of time.
| ||
|
FSt
|
=
|
Total quantity of suspended solids having a concentration above
250 mg/l from all users per unit of time.
| ||
|
FPt
|
=
|
Total quantity of any pollutant contribution above base concentration
from all users per unit of time.
| ||
|
FVu
|
=
|
Volume contribution from a user per unit of time.
| ||
|
FBu
|
=
|
Quantity of BOD contribution above 250 mg/l for a user per unit
of time.
| ||
|
FSu
|
=
|
Quantity of suspended solids contribution above 250 mg/l from
a user per unit of time.
| ||
|
FPu
|
=
|
Quantity of any pollutant contribution above base concentration
from a user per unit of time.
| ||
A.
Monthly and quarterly statements. Wastewater user charges provided
for in this article shall be included as separate items on the regular
bill for water service. The amounts due to the City shall be payable
quarterly and shall be payable on the first of the month following
the quarterly period in which service is rendered, except that, if
the average daily water use exceeds 5,000 gallons, the Superintendent
may require that bills be rendered monthly. Such bills shall become
due and payable on the first of the month following the month in which
service is rendered. Failure to receive a bill shall not exempt or
excuse the consumer from the obligation to pay for the service rendered.
If a meter ceases to register, the amount of the bill shall be computed
on the basis of previous consumption.
B.
Collection of delinquent charges. All charges shall be collected
and taxed and shall be a lien upon the property served under § 66.0821(4),
Wis. Stats., as the same has been and from time to time may be amended
or recreated.
C.
Recovery of delinquent charges in civil action. In addition, any
charges levied by and under this article not paid and becoming delinquent
may be recovered from the occupant of the premises served in a civil
action by the City in a court of competent jurisdiction, if the City
elects to do so.
A.
Notification of violation. Any person found in violation of this
article or of any prohibition, limitation or requirement contained
herein, or of any contractual agreement or wastewater discharge permit
referred to herein, will be served by the Superintendent with a written
notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The Superintendent
will endeavor to the full extent possible to eliminate or remedy such
violation without resorting to further administrative proceedings.
B.
Show cause hearing.
(1)
If those efforts have been unsuccessful, the Superintendent may order
any person who causes or allows an unauthorized discharge or who violates
any section of this article to show cause before the approving authority
why such discharge should not be discontinued or corrected. Notice
shall be served on the offending party, specifying the time and place
of hearing to be held by the approving authority regarding the violation
and directing the offending party to show cause before the approving
authority why an order should not be made directing the discontinuance
of such discharge or why some other appropriate order should not be
made. The notice of hearing shall be served personally or by registered
or certified mail addressed to the billing address of the user at
least 10 days before the hearing. Service may be made upon any officer,
director or registered agent of a corporation or the person apparently
in charge of the local office of the corporation. The notice shall
be signed by the Superintendent and delivered to the City Clerk-Treasurer,
who shall cause the notice to be served on the offending party. The
date for hearing shall be set by the Mayor or, in his absence, by
the Council President. The hearing shall be conducted by the approving
authority and shall be public. All testimony taken before the approving
authority shall be under oath and recorded stenographically and all
witnesses shall be subject to cross-examination. At the hearing, the
Superintendent and the offending party may be represented by an attorney
and may compel the attendance of witnesses by subpoena and may compel
the production of books, papers, documents or tangible things described
in the subpoena in accordance with § 805.07, Wis. Stats.,
and subpoenas shall be issued by the Mayor and, in his absence, by
the Council President on request and be served as are subpoenas under
Ch. 885, Wis. Stats. The approving authority may permit members of
the public to testify.
(2)
After the approving authority has reviewed the evidence, it may issue
an order to the party responsible for the discharge ordering within
a specified time period any or all of the following:
(a)
Require that the discharge be discontinued.
(b)
Require control of the quantities and rates of discharge.
(c)
Require pretreatment.
(d)
Require proper operation and maintenance of existing pretreatment
equipment.
(e)
Require extra payment over and above the user charges for the
extra costs incurred by the City caused by a user's discharge.
(f)
Terminate the water and sanitary sewer service until the ordered
corrective action is completed.
(3)
A violation of an order of the approving authority shall be considered
a public nuisance. If any person discharges waste or wastewater into
the wastewater treatment facilities contrary to any order of the approving
authority, the approving authority may order that an action be commenced
on behalf of the City in any court of competent jurisdiction in the
State of Wisconsin for the purpose of having the discharge stopped
by injunction.[1]
C.
Violations.[2]
(1)
In addition, any person who fails to comply with any of the provisions of this article or with an order of the approving authority issued hereunder, or who shall tamper with metering or sampling, shall be liable to the City for any expense, loss or damage occasioned by such violation, including reasonable attorney fees and other expenses of litigation, and upon conviction of any violation of this article shall be subject to a forfeiture as prescribed in § 1-4 of this Code per violation, plus damages. Each day a condition is allowed to exist which is contrary to all or part of this article shall constitute a new violation. Change of ownership or occupancy of premises delinquent under the provisions of this article shall not be cause for reducing or eliminating charges due and penalties for violations.
(2)
If any user shall discharge a waste or wastewater with a BOD concentration of 900 mg/l or greater, as defined in § 580-36B(13)(c), such user shall pay a penalty as prescribed in § 1-4 of this Code. Each day a violation occurs shall constitute a separate violation. Such penalty shall be added to the monthly or quarterly billing statement.
(3)
In addition to the court proceedings and penalties described in the
foregoing sections of this article, whenever a person violates any
provision of this article or fails to comply with any order of the
approving authority, the approving authority may order than an action
be commenced on behalf of the City in the any court of competent jurisdiction
in the State of Wisconsin for the purpose of obtaining an injunction
restraining the person violating this article or failing to comply
with the order from making any further discharges into the wastewater
treatment facilities of the City.
