A.
The City has provided facilities for the collection and treatment
of wastewater to promote the health, safety and convenience of its
people and to safeguard the water resources common to all. In the
facilities, provisions of design, construction and operation have
been made to accommodate certain types and quantities of commercial
and industrial wastes in excess of and in addition to normal wastewater.
B.
The Council has determined that it is the obligation of the producers
of domestic, commercial and industrial wastes to defray the cost of
normal and extraordinary services rendered by the Control Authority
in the collection and treatment of the wastes in an equitable manner
and, insofar as it is practicable, in proportion to the benefits derived
from such services. Therefore, it is the purpose of this chapter to
implement the necessary rules and regulations for governing the uses
of and charges for the sewerage system provided by the City.
This chapter shall apply to the City and to persons outside
the City who are, by contract or agreement with the City, users of
the City sewerage system. Except as otherwise provided herein, the
Control Authority of the City sewerage system shall administer, implement
and enforce the provisions of this chapter.
A.
The provisions of this chapter shall be in addition to any and all
other sewer regulations of this Code and shall take precedence over
those with which it may conflict.
B.
If any provision, clause or other part of this chapter is held invalid
or unenforceable by a court of competent jurisdiction, such holding
shall not affect any of the other provisions or clauses, and the same
shall continue in effect to the fullest extent permitted by law.
C.
This chapter is based on federal and state authorities which may,
from time to time, be amended. Any such amendments apply to and are
hereby incorporated into this chapter.
The following terms have the meanings indicated. "May" is permissive
and "shall" is mandatory.
The Federal Water Pollution Control Act, as amended by the
Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. § 1251
et seq.
The administrator or other authorized official of the United
States EPA. The regional administrator is the administrator of the
Region 5 EPA office which regulates the State.
The same as ammonia nitrogen measured as nitrogen. Ammonia
nitrogen is a measure of the amount of ammonia, a toxic pollutant
often found in waste products such as sewage, liquid manure and other
liquid organic waste products. Ammonia, when present in nonlethal
form/concentration, may be taken up by plants or oxidized by bacteria
into nitrate (NO3) or nitrite (NO2) and it can be used as a measure of the health of water
in natural bodies such as rivers or lakes. Ammonia nitrogen is measured
in milligrams per liter (mg/L). The laboratory determination shall
be made in accordance with 40 CFR 136, Guidelines Establishing Test
Procedures for the Analysis of Pollutants, or as EPA otherwise determines.
Structural or nonstructural measures, practices, operating
procedures, schedules of activities, treatment requirements, techniques
or devices employed to minimize or treat pollutants prior to discharge
into the sewerage system; to implement prohibitions listed in NR 211.10(1)
or (2), Wis. Adm. Code, or to control plant site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw materials
storage areas. Best management practices may be specified by EPA and
DNR categorical regulations, or by the City.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter (mg/L). The laboratory
determinations shall be made in accordance with 40 CFR 136, Guidelines
Establishing Test Procedures for the Analysis of Pollutants, or as
EPA otherwise determines.
The lowest horizontal piping of a drainage system which receives
the discharge of all soil waste and other drainage pipes inside any
building and conveys the same to the building sewer three feet to
five feet outside the foundation wall of the building. The minimum
building drain extends from the building sewer to the furthermost
soil stack.
That part of the horizontal piping beginning three feet to
five feet from the foundation wall to its connection with the main
sewer, septic tank or other disposal terminal.
The horizontal portion of drainage system within a building
which cannot flow by gravity to the building or house drain.
The diversion of wastewater streams from any portion of an
industrial user's wastewater treatment facility.
A user that meets the definition of that term in state and
federal law.
The City of Fond du Lac, Wisconsin.
The quantity of oxygen utilized in the chemical oxidation
of organic matter and oxidizable inorganic matter with a strong chemical
oxidant under standard laboratory procedures and expressed in milligrams
per liter (mg/L). The laboratory determinations shall be made in accordance
with 40 CFR 136, Guidelines Establishing Test Procedures for the Analysis
of Pollutants, or as EPA otherwise determines.
Any business or nonprofit organization that provides goods
or services and generates wastewater.
A city, village, town sanitary or utility district, or a
county, state, or federal agency which is billed by the City for sewerage
services and includes the parties to the 2000 Wastewater Agreement
Between the City of Fond du Lac, Wisconsin, and Outlying Sewer Group,
and any additional parties added to the agreement as provided for
in the agreement.
The City of Fond du Lac Manager, Director of Public Works,
or Wastewater Superintendent of the sewerage system or his authorized
deputy, agent or representative.
The Fond du Lac City Council. The City Council shall approve
all wastewater disposal charges, including all unit rates and the
periodic and/or annual review of such rates after notice and public
hearing.
The Wisconsin Department of Natural Resources.
The Director of Public Works for the City or his authorized
deputy, agent or representative.
Release of wastewater or other pollutant from or through
pipes, conduits, pumping stations, ditches, or tank trucks; the ground
through defective pipes, pipe joints, or walls; roof leaders; cellar,
yard, or area drains; foundation drains, drains from springs and wetlands,
manhole covers, cross-over pipes from storm sewers, catch basins,
storm sewers, surface runoff, street wash waters, or other drainage.
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities, together with such
groundwater, surface water and stormwater as may have inadvertently
entered the sewerage system, with waste strengths no greater than
the following:
The collection and temporary on-site storage of process wastewater
by an industrial user for the purposes of slug discharge control and
also for purposes of discharging process wastewater with a more consistent
flow rate and pollutant concentration.
The putrescible organic solid wastes from the domestic and
commercial preparation, cooking and dispensing of food and from the
handling, storage and sale of meat, fish, fowl, fruit, vegetables
and condemned food.
A sample which is taken from a waste stream on a one-time
basis without regard to time or the flow in the waste stream.
Unless otherwise directed by the City Council through resolution,
the Hearing Board shall be comprised of the Director of Public Works,
City Engineer, Wastewater Superintendent, City Attorney and one Council
member as appointed by the President of the City Council.
Liquid that is removed from a holding tank that receives
and accumulates liquid waste generated from human activity. The holding
tank will not have an outlet.
The discharge or introduction of nondomestic pollutants into
the sewerage system from any source regulated under Section 307(b),
(c), or (d) of the Act, including holding tank waste discharged into
the sewerage system.
Any person, including, but not limited to, business or other
facility, that is a source of indirect discharge or other industrial
waste into the sewerage system.
Any solid, liquid or gaseous substance discharged, permitted
to flow or escaping from any industrial, manufacturing, commercial
or business establishment or process or from the development, recovery
or processing of any natural resources, as distinct from domestic
wastewater.
An establishment with facilities for mechanical, testing,
trade or manufacturing purposes.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the treatment plant, its treatment processes
or operations or its sludge processes, use or disposal.
Is a cause of a violation of any requirement of the City's
WPDES permit, including an increase in the magnitude or duration of
a violation, or of the prevention of sludge use or disposal in compliance
with Chs. 281 and 283, Wis. Stats., or any applicable local, state,
or federal statutes.
Any regulation or order containing pollutant discharge limitations
as promulgated by the U.S. Environmental Protection Agency, in accordance
with §§ 307(b) and (c) of the Federal Act, which limitations
apply to one or more specific categories of industrial users.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any building, structure, facility or installation from which
there is or may be a discharge, the construction of which commenced
after the publication of proposed pretreatment standards under Subsection
307(c) of the Act which will be applicable to such source, if such
standards are thereafter promulgated in accordance with that section,
provided that:
The building, structure, facility or installation is constructed
at a site on which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating process of the building,
structure, facility or installation is substantially independent of
an existing source at the same site. Determination of substantial
independence will be based on factors such as the extent to which
the new facility is integrated within the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source.
Water used for cooling which does not come into direct contact
with any raw material, intermediate or finished product, or waste
and has been used in heat exchangers, air or refrigeration compressors,
or other cooling means where contamination with process waste is not
normally expected.
An industrial user subject to National Categorical Pretreatment
Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N, that
the Control Authority has determined is exempt from the definition
of "significant industrial user" on a finding that the industrial
user never discharges more than 100 gpd of total categorical wastewater
(excluding sanitary, noncontact cooling, and boiler blowdown wastewater,
unless specifically included in the pretreatment standard). The industrial
user must also meet the following conditions:
The industrial user, before the Control Authority's finding,
has consistently complied with all applicable categorical pretreatment
stands and requirements.
The industrial user annually submits the certification statement
required in 40 CFR 403.12(q) together with any additional information
necessary to support the certification statement.
The industrial user never discharges any untreated concentrated
wastewater.
Any cost attributable to ensuring the proper functioning
of all components of the sewerage system for the useful life of such
components, including all costs associated with the functioning of
an accounting system for the collection of moneys to offset such costs.
In addition, these costs shall include all expenditures for obtaining
and installing equipment, accessories or appurtenances which are necessary
during the useful life of the sewerage system to maintain the capacity
and performance for which such system was designed and constructed.
"Operation and maintenance" includes replacement.
A discharge which exits the treatment plant into waters of
the state in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's WPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, firm, partnership, company, municipal or
private corporation, association, society, institution, enterprise,
governmental agency or other entity or their legal representatives,
agents, or assigns.
The logarithm (base 10) of the reciprocal of the hydrogen-ion
concentration expressed in moles per liter.
Total phosphorus expressed in terms of milligrams per liter
(as P). Phosphorus can occur naturally at low concentrations in surface
waters. Higher phosphorus concentrations in surface water are typically
a result of human activity and are introduced to waterways from both
point sources and nonpoint sources. Phosphorus is present in both
organic solids as well as in the form of inorganic phosphate (PO4-3) and is introduced from
a variety of sources including agricultural and lawn fertilizers,
domestic wastewater, detergents, industrial process wastes and geological
formations. The presence of phosphorus in concentrations above natural
background concentrations results in higher algal activity and rooted
aquatic plants which can lead to deterioration of water quality and
odor problems. The laboratory determinations shall be made in accordance
with 40 CFR 136, Guidelines Establishing Test Procedures for the Analysis
of Pollutants, or as EPA otherwise determines.
Any dredged spoil, solid waste, incinerator residue, wastewater,
garbage, sludge, biosolids, munitions, chemical wastes, medical waste,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt and industrial (including biodegradable
waste), municipal, commercial and agricultural waste discharged into
water.
The solid and liquid fraction removed from a portable toilet.
The equalization or reduction of the amount of pollutants,
the elimination of pollutants or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in lieu
of discharging or otherwise introducing the pollutants into the sewerage
system.
Any substantive or procedural requirement related to pretreatment,
other than a National Categorical Pretreatment Standard imposed on
an industrial user.
Waters containing industrial waste.
The wastes from the preparation, cooking and dispensing of
food that have been ground to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 cm) in
any dimension.
A sewer provided by and subject to the jurisdiction of the
City and in which all owners of abutting properties have equal rights.
It shall also include sewers within or outside the City boundaries
that serve one or more persons and ultimately discharge into the sewage
system, even though these sewers may not have been constructed with
City funds.
Any body of surface or subsurface water receiving discharge
of wastewater or treated wastewater.
A sewer that conveys wastewater and into which stormwater,
surface water and groundwater are not intentionally admitted.
An unintended release of sanitary sewerage from the sewerage
system to the aquatic and/or terrestrial ecosystem.
The solid and liquid fraction removed from a septic tank.
The septic tank from which the septic waste is removed typically contains
an outlet pipe which discharges to a drain field.
Substantial physical damage to property, damage to the sewerage
system which causes it to become inoperable or substantial and permanent
loss of natural resources. "Severe property damage" does not mean
economic loss caused by delays in production.
A pipe or conduit for conveying wastewaters.
That part of the sewerage system connecting the sewer main
and the line of abutting property or extended to that distance from
the sewer main as considered necessary by the Director.
All properties, structures, manholes, catch basins, inlets,
pipes, equipment and conduits owned or used by the City and/or contract
communities for which the City provides sewer services pursuant to
agreement for the purpose of collecting, transporting, storing, pumping,
treating, recycling, reclamation, testing and disposing of domestic
wastewater and/or industrial or other wastes and residual waste products
as existing now or hereafter added to, expanded or improved.
A user subject to National Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other
industrial user that discharges an average of 25,000 gpd or more of
process wastewater to the POTW (excluding sanitary, noncontact cooling,
and boiler blowdown wastewater); contributes a process wastestream
that makes up 5% or more of the average dry-weather hydraulic or organic
capacity of the POTW treatment plant or is designated as such by the
POTW on the basis that the industrial user has a reasonable potential
for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement [in accordance with 40 CFR
403.8(f)(6)].
(Also referred to as "wastewater sludge" or "biosolids.").
The solid, semisolid or liquid residue generated during the treatment
or pretreatment of wastewater.
(Also referred to as "slug discharge.") Any discharge of
a nonroutine, episodic nature, including, but not limited to, an accidental
spill or a noncustomary batch discharge to the sewerage system which
has the potential to cause an upset of the wastewater treatment plant
operations and cause a violation of the WPDES permit.
A classification based on the most current publication of
the Standard Industrial Classification Manual (SIC), United States
Office of Management and Budget. Standard Industrial Classification
(SIC) code numbers and description may be found in the 1972 edition
of the Standard Industrial Classification Manual.
State of Wisconsin.
A sewer which carries stormwater and surface water and drainage
but excludes wastewater and industrial wastes other than unpolluted
cooling water.
Solids that either float on the surface of or are suspended
in water, wastewater or industrial waste and which are removable by
a laboratory filtration device. The laboratory determinations shall
be made in accordance with 40 CFR 136, Guidelines Establishing Test
Procedures for the Analysis of Pollutants, or as EPA otherwise determines.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the administrator of the EPA under the
provision of Section 307(a) of the Act or other federal statutes.
(Also referred to as "publicly owned treatment works" or
"POTW.") The treatment components and all other structures or devices
used for storage, treatment, recycling and reclamation of domestic
wastewater and industrial discharges.
An exceptional incident in which a user unintentionally and
temporarily is in a state of noncompliance with the pretreatment standards
due to factors beyond the reasonable control of the user. An upset
does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, and lack of preventive maintenance or careless or improper
operation.
Any person that discharges wastes into the sewerage system.
A combination of the water carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
Document issued by the City to certain industrial users to
set forth the requirements and limitations for the industrial user.
The Wastewater Superintendent of the sewerage system or his
authorized deputy, agent or representative.
Also known as Fond du Lac Regional Wastewater Treatment and
Resource Recovery Facility.
[Added 2-8-2017 by Ord. No. 3630]
A permit issued by the State of Wisconsin Department of Natural
Resources (DNR) pursuant to Section 402(b) of the Act and Ch. 283,
Wis. Stats., detailing terms and conditions for discharges from the
treatment plant to the receiving waters.
The following abbreviations shall have the designated meanings:
|
BOD
|
Biochemical oxygen demand
|
|
BMP
|
Best management practices
|
|
COD
|
Chemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
CMAR
|
Compliance Maintenance Annual Report
|
|
CMOM
|
Capacity, management, operation and maintenance program
|
|
DNR
|
Wisconsin Department of Natural Resources
|
|
EPA
|
Environmental Protection Agency
|
|
mg/L
|
Milligrams per liter
|
|
NH3-N
|
Ammonia nitrogen
|
|
NR
|
Department of Natural Resources Administration Code
|
|
NSCIU
|
Nonsignificant Industrial User
|
|
OM&R
|
Operations maintenance replacement cost
|
|
POTW
|
Publicly owned treatment works
|
|
SIC
|
Standard industrial classification
|
|
TSS
|
Total suspended solids
|
|
WPDES
|
Wisconsin Pollutant Discharge Elimination System
|
A.
No person shall place, deposit or permit to be deposited in any unsanitary
manner, on public or private property within the City or in any area
under the jurisdiction of the City, any human or animal excrement,
garbage or other objectionable waste.
B.
No person shall discharge to any natural outlet within the City or
in any area under the jurisdiction of the City any wastewater or other
polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this chapter.
C.
Except as provided herein, no person shall construct or maintain
any privy, privy vault, septic tank, cesspool or other facility intended
or used for the disposal of wastewater.
D.
The owner of all houses, buildings or other properties used for human
occupancy, employment, recreation or other purposes situated within
the City and abutting on any street, alley or right-of-way in which
there is now located or may be located in the future a public sanitary
sewer of the City is hereby required at his expense to install suitable
toilet facilities therein and to connect the facilities directly with
the proper public sewer in accordance with the provisions of this
chapter.
No statement contained in this chapter shall be construed as
preventing any arrangement between the City and any person whereby
an industrial waste of unusual strength or character may be accepted
by the Control Authority for treatment, subject to payment therefor
by the person. Any such agreement that may be reached between the
Control Authority and a person will be subject to the minimum rates
and regulations as provided for in this chapter.
