[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:
ACT
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.
APPROVING AUTHORITY
The Common Council of the City of Marion.
BOD
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.
CITY
The City of Marion or any authorized person acting on its behalf.
COLLECTION SYSTEM
The system of sewers and appurtenances for the collection, transportation and pumping of domestic wastewater and industrial waste.
DEBT RETIREMENT
The annual costs of principal and interest incurred by the City on the wastewater treatment facility.
DEPRECIATION
Funds set aside annually for:
A. 
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.
B. 
Purchase of trucks and heavy equipment needed for operation and maintenance.
C. 
Purchase of office and accounting equipment.[1]
DOMESTIC WASTEWATER
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.
INDUSTRIAL COST RECOVERY
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]
INDUSTRIAL USER
A. 
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:
(1) 
Division A: Agriculture, Forestry and Fishing.
(2) 
Division B: Mining.
(3) 
Division D: Manufacturing.
(4) 
Division E: Transportation, Communications, Electric, Gas and Sanitary Services.
(5) 
Division I: Services.
B. 
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.
C. 
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.
INDUSTRIAL WASTE
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.
OPERATION AND MAINTENANCE COST
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:
A. 
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.
B. 
Electrical power.
C. 
Chemicals, fuel and other operating supplies.
D. 
Repairs to and maintenance of the equipment associated therewith.
E. 
Premiums for hazard insurance.
F. 
Premiums for insurance providing coverage against liability for the injury to persons and/or property.
G. 
Rents and leasing costs.
H. 
Operation, licensing and maintenance costs for trucks and heavy equipment.
I. 
Consultant and legal fees.
J. 
Replacement.
PERSON
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.
pH
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.
REPLACEMENT
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.
SANITARY SEWER
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.
SLUG
A sudden increase in sewage discharge that may tend to overload the receiving sewer.
STANDARD METHODS
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]
STORM SEWER
A sewer which carries storm and surface drainage but excludes domestic wastewater and industrial wastes.
SUPERINTENDENT
The superintendent of the wastewater treatment plant who shall be in charge of and supervise the operations and functions of the wastewater treatment plant.
SURCHARGE
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.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods.
UNPOLLUTED WATER OR WASTEWATER
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.
USER
Any person discharging domestic wastewater or industrial wastes into the collection system.
USER CHARGE
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.
USER CLASS
A group of users having similar wastewater flows and characteristics, levels of BOD, suspended solids, etc.
WASTE
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.
WASTEWATER
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.
WASTEWATER PUMPING STATION
A pumping facility utilized to pump wastewater within the collection system.
WASTEWATER TREATMENT FACILITIES
Any City-owned facility, devices and structures used for receiving and treating wastewater from the City collection system.
WASTEWATER WORKS
All facilities for collecting, pumping, treating and disposing of domestic wastewater and industrial wastes.
WPDES PERMIT
A permit to discharge pollutants obtained under the Wisconsin Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283, Wis. Stats.
[1]
Editor's Note: The definition of "Director of Public Works" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See 33 U.S.C. § 1284.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
E. 
No person shall connect to and discharge to the collection system, unless there is capacity available in all downstream components of the wastewater works as determined by the Superintendent.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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:
(a) 
A BOD greater than 250 mg/l.
(b) 
A suspended solids concentration greater than 250 mg/l.
(c) 
A volume of 10,000 gallons or greater is discharged by any user at one or more points of discharge.
(d) 
Any of the characteristics listed under § 580-36, Prohibited discharges.
(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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Formula.
580 Eqn 1.tif
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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
INDUSTRIAL COST RECOVERY PERIOD
The industrial cost recovery period shall be equal to 30 years.
TOTAL GRANT AMOUNT
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
580 Eqn 2.tif
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).