[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 2-7-2000 (Ch. 13 of the 1986 Town Code). Amendments noted where applicable.]
The Town of Oconomowoc Utility District No. 1 was created pursuant to § 66.0827, Wis. Stats., and is hereinafter referred to as the "Utility District." The Town Board of the Town of Oconomowoc does hereby declare that the sewerage system of the Town of Oconomowoc Utility District No. 1 shall consist of the collection system (as hereinafter defined), waste collection and disposal operations, and all other appurtenances and equipment used for the purpose of providing sewerage services to the Utility District. This chapter regulates the use of public and private sewers and drains and the discharge of waste and wastewater into the sewerage system.
The operation, management and control of the sewerage system is vested in the Town Board, which is hereinafter referred to as the "approving authority." The Town Clerk/Treasurer shall keep all records of the Utility District in the Town Hall or other officially designated place.
The rules, regulations and rates hereinafter set forth shall be considered part of the regulations applicable to every individual or entity connected to the sewerage system and all persons discharging wastes to the sewerage system. Such rules, regulations and rates may be changed from time to time as determined by the Town Board and the right is reserved to make special rates and contracts in all proper cases.
The Town Board shall establish a Utility District Fund, which shall be used for collection of revenues and payment of expenses relating to the operation and management of the sewerage system. A separate accounting shall be maintained for the Utility District Fund.
The Town Board shall cause an annual audit of the books of the Utility District to be made and shall make the books and records relating to the Utility District available for inspection during regular business hours.
A proportionate distribution of operation, maintenance and replacement costs shall be maintained among user classes. Users shall be notified annually of the sewer service charges associated with the sewerage system.
This chapter, its rules, regulations and rates shall apply to all individuals, firms, corporations and institutions residing within the limits of the Utility District and any person, firm or corporation, by attachment to the sewerage system or otherwise by contract or agreement, coming within the Utility District sewer service area, subsequent to the effective date hereof, and all entities hauling wastes or trucking wastes and discharging to the sewerage system.
It is the intent of the Town Board of the Town of Oconomowoc to establish rules and regulations that conform with Chapter 13 of the City of Oconomowoc Municipal Code as now in existence or amended or any extension thereof. All users of the sewerage system shall comply with all applicable ordinances, rules and regulations of the City of Oconomowoc, and the Town Board of the Town of Oconomowoc shall strictly enforce said regulations. It is intended that this chapter shall be amended as necessary so as to maintain conformity with the city's ordinances as they relate to sewerage system usage.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 as modified by Ch. 283, Wis. Stats., or appropriate sections of the Wisconsin Administrative Code adopted pursuant to Ch. 283, Wis. Stats.
- APPROVING AUTHORITY
- The Town Board or its authorized deputy, agent or representative.
- 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.
- BUILDING SEWER, LATERAL, CONNECTING SEWER or SERVICE PIPE
- A sewer which carries only sewage or industrial wastes from the building plumbing to the public sanitary sewer.
- CAPITAL COSTS
- The cost of acquiring, purchasing, leasing, planning, designing, constructing, extending and improving all or any part of the sewerage system and of paying principal, interest or premiums on any indebtedness incurred for these purposes.
- The City of Oconomowoc.
- COLLECTION SYSTEM
- The system of sewers and appurtenances for the collection, transportation and pumping of domestic wastewater and industrial waste.
- Each physical connection to the collection system or private sewerage system which connects to the collection system.
- CONNECTION FEES
- Fees charged to new connections or existing connections that
have a change in operations resulting in utilization of additional
sewerage system capacity. Fees shall be used to recover construction
costs, the City of Oconomowoc's north interceptor connection fee and
the sewer availability charge.[Amended 3-19-2001]
- CUSTOMER CHARGE
- A charge levied on users for each lateral connected to the sewerage system. The revenues generated from the customer charge shall be used to cover expenditures relating to direct customer costs and costs not directly related to sewer usage.
- DEBT RETIREMENT
- All annual principal and interest requirements and obligations relating to the sewerage system.
- The introduction of pollutants into the sewerage system from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
- DOMESTIC WASTE
- Waterborne 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 270 mg/l and the BOD is established at or below 250 mg/l.
- FLOW PROPORTIONAL COMPOSITE SAMPLE
- A sample consisting of portions of waste taken in proportion to the volume of flow of such wastes.
- INDIRECT DISCHARGE
- See "discharge."
- INDUSTRIAL USER
- Any nonresidential user identified in Division A, B, D, E, or I of the Standard Industrial Classifications Manual. An industrial user is also any user that discharges wastewater containing toxic or poisonous substances as defined in § 307 or § 502 of the Clean Air Act, or any substance(s) causing interference in the sewerage system or the wastewater treatment facilities. An industrial user is also any nonresidential user who:
- A. Is subject to national categorical pretreatment standards;
- B. Has a nondomestic flow of 25,000 gallons or more per average work day;
- C. Contributes more than 5% of the average dry-weather capacity of the wastewater treatment facility; or
- D. Is determined by the approving authority or the City of Oconomowoc wastewater treatment facility operations manager to have the potential to adversely affect the sewerage system or the wastewater treatment facility.
- INDUSTRIAL WASTE
- Any waterborne solids, liquids or gaseous wastes, other than domestic wastewater, resulting from discharge from, flow from or escape from any commercial, industrial, manufacturing or food processing operation or process; from the development of any natural resource; or any mixture of these with water or domestic wastewater.
- INTERCEPTING SEWER
- A sewer constructed to receive the dry-weather flow of untreated or inadequately treated sewage from one or more existing sanitary sewer system terminals other than from a dwelling or building that presently discharges or formerly discharged flow directly into any waters of the State and convey the flow to a wastewater treatment facility, or is to serve in lieu of an existing or proposed wastewater treatment facility.
- The inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system, or their operation, which substantially contributes to a violation of applicable discharge permits.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
- NORMAL SEWAGE
- Sanitary sewage in which BOD and total suspended solids concentrations do not exceed normal concentration of:
- NORTH INTERCEPTOR CONNECTION FEE
- A charge levied on all new users of the sewerage system or on current users who expand their use of the sewerage system. This charge shall be equivalent to the North Interceptor impact fee imposed pursuant to the City of Oconomowoc ordinances.
- OPERATION AND MAINTENANCE COST (O&M)
- The actual sums spent by the Utility District in the operation and maintenance of its sewerage system, consisting of, but not limited to, each and all of the following purposes:
- A. Wages and salaries and employees related to expenses of operation, maintenance, clerical, laboratory and supervisory personnel, together with fringe benefits and premiums paid on such wages and salaries for the state worker's compensation coverage.
- B. Electrical power and other utility services.
- C. Chemicals, fuel and other operating supplies.
- D. Repairs to and maintenance of associated equipment.
- E. Premiums for hazard insurance.
- F. Premiums for insurance providing coverage against liability for 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. Training and educational expenses.
- 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 concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in Standard Methods.
- The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before discharge to the sewerage system.
- PRIVATE SEWER
- A privately owned sewer serving one or more buildings and not directly controlled by the Town of Oconomowoc.
- PUBLIC SEWER
- A sewer or lateral in a public right-of-way or easement abutting properties and that is controlled or owned by the Town of Oconomowoc.
- REPLACEMENT FUND
- Expenditures for obtaining and installing equipment, accessories and 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.
- RESIDENTIAL EQUIVALENT CONNECTION (REC)
- The wastewater flow and loadings to the sewerage system equivalent to that contributed by an average single-family residential user. For purposes of this chapter, one REC shall be equivalent to 72,000 gallons per year.
- RESIDENTIAL USER
- All premises used only for human residency and that are connected to the sewerage system.
- SANITARY SEWER
- A sewer that conveys domestic waste or industrial waste, or a combination of both, and into which stormwater, surface water and groundwater or unpolluted industrial wastewater are not intentionally contributed.
- Scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank, vault toilet or privy. This does not include the waste from a grease trap.
- SEWERAGE SYSTEM
- All facilities for collecting, transporting, and pumping waste and wastewater. Also may be referred to as the "sewer system."
- SEWER AVAILABILITY CHARGE
- A charge levied on all new users of the sewerage system or current users who expand their use of the sewerage system. This charge shall be equivalent to the sewer availability charges imposed pursuant to the City of Oconomowoc ordinances.
- SEWER SERVICE AREA
- All lands included within the boundaries of the Utility District as shown in Exhibit A attached hereto.
- SEWER USE CHARGE
- A charge levied on users to recover the component of total operation, maintenance and capital costs of the sewerage system that relates to sewage flow generated by users of the sewerage system. The sewer use charge shall consist of a charge in terms of dollars per residential equivalent connection (REC).
- Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and which adversely affects the sewerage system and/or performance of the wastewater treatment facility.
- 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 and the Water Environment Federation.
- STORM SEWER
- A sewer that carries storm and surface drainage, but excludes domestic and industrial wastes.
- TOTAL SUSPENDED SOLIDS (TSS)
- 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 total suspended solids shall be made in accordance with procedures set forth in Standard Methods; also referred to as "suspended solids."
- Any of the pollutants defined by federal regulations pursuant to § 307(a)(1) of the Act.
- UNPOLLUTED WATER
- Water of quality equal to or better than the effluent criteria in effect or water that would not cause a violation of receiving water quality standards and would not be benefited by discharging to the sewerage system and wastewater treatment facility provided.
- USE FACTORS
- Flow, BOD, total suspended solids and infiltration/inflow or the quantity of these factors as determined by the approving authority by sampling and monitoring.
- Any person or entity discharging waste or wastewater into the collection system.
- Any solids, liquid or gaseous material or combination thereof discharged from any residences, business buildings, institutions, industrial establishments and septage haulers.
- 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 (WTF)
- Any City of Oconomowoc owned facility, devices and structures used for receiving and treating wastewater from the sewerage system.
- WPDES PERMIT
- A permit to discharge pollutants obtained under the Wisconsin Pollutant Discharge Elimination System (WPDES), pursuant to Ch. 283, Wis. Stats.
Editor's Note: Exhibit A is on file in the Town offices.
Declaration of policy. The Town Board finds and declares that the public health, comfort, safety and welfare are preserved and enhanced by the provision of the sewerage system in the promotion of a clean and healthful environment and that the failure to connect to the sewerage system is contrary to minimum health standards.
To assure preservation of public health, comfort and safety, the owner of any house, building or property used for human occupancy, employment, recreation or other habitation, situated within the Utility District sewer service area and adjacent to a public sewer or in a block through which a public sewer extends, is hereby required at his or her expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 12 months after the public sewer first becomes operational or, if an immediate health hazard exists, within 10 days upon receipt of notice from the county health officer or the Town of Oconomowoc Building Inspector.
If a person fails to comply with the notice to connect within the given period of time, the approving authority may, at its option:
Cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such costs shall be assessed as a special tax lien against the property.
Impose a standby charge for the period of time in excess of 12 months that such failure continues after the date the public sewer first becomes operational, after 10 days' written notice to any owner failing to make a connection to the sewerage system, for an amount equal to 150% of the customer charge, payable monthly for the period in which the failure to connect continues. Upon failure to make such payment, such charge shall be levied as a tax against the lot or parcel to which sewerage service was furnished.
A standby charge is hereby imposed for the period of time in excess of 12 months that any property owner fails to comply with the order to connect said owner's property to the public sewerage system, provided said failure continues after the date the public sewerage system first became operational, and after 10 days' written notice has been sent by the Town to said property owner. Said charge for each such property shall be for an amount equal to 150% of the customer charge, payable monthly for the period in which the failure to connect continues. Upon failure to make such payment of the standby charge, such charge shall be levied as a tax against each such lot or parcel to which public sewerage service was furnished.
Alternative disposal prohibited.
No person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended to be used for the disposal of domestic wastewater if a public sewer is available.
No person shall discharge to any natural outlet within the utility district, or in any area under the jurisdiction of the approving authority, waste or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
Plumbers. No plumber or other person will be permitted to engage in or work on any plumbing in connection with the sewerage system without first receiving a license from the State of Wisconsin Bureau of Plumbing.
Maintenance of laterals. All laterals located in the public right-of-way or easements from the point of connection, including connecting device, to the sewer main and all facilities throughout the premises served must be maintained free of defective conditions, by and at the expense of the owner of the property served.
Application for service.
Every person requesting connection to the sewerage system shall file an application in writing to the City of Oconomowoc and the approving authority in such form as is prescribed for that purpose. Blanks for such applications will be furnished at the office of the Town Clerk/Treasurer. The application must state fully and truly all the use which will presently be made. If any subsequent change in use from that set forth in this application is contemplated, the user must first obtain further application and permission from the City of Oconomowoc and the approving authority. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application.
The application may be for service to more than one building or more than one unit of service through one connection and, in such case, charges shall be made accordingly.
If it appears that the service applied for will not provide adequate service for the contemplated use, the city or approving authority may reject the application. If the city and Utility District approve the application, the Town Building Inspector shall authorize a permit, after appropriate fees are paid, for services as shown on the application.
The applicant or owner, prior to issuance of a permit, shall pay all expenses and fees relating to the connection to the sewerage system.
Tap permits. After connections have been installed into any building or upon any premises, no plumber shall make any alterations, extensions or attachments, unless the party ordering such tapping or other work shall obtain and exhibit the proper permit for the same from Town Building Inspector.
User to keep in good repair. All users shall keep their own service pipes in good repair and protected from frost at their own risk and expense and shall prevent any unnecessary overburdening of the sewerage system. The user is responsible for his/her service pipe from the street main to the facility served.
User use only. No user shall allow other persons to connect to or permit other uses to be made of the sewerage system through his or her lateral.
User to permit inspection. Every user shall permit the Utility District and the City of Oconomowoc or an authorized agent of the city or district at all reasonable hours of the day to enter his/her premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate. Users must at all times, frankly and without concealment, answer all questions put to them relative to use of the property as it may relate to sewer service. Should the owner or occupant of the premises refuse voluntary access to the premises, the Plumbing Inspector is authorized to seek a special inspection warrant under § 66.0119, Wis. Stats.
Responsibility. No claim shall be made against the City of Oconomowoc or the Town Board of the Town of Oconomowoc or their agents or employees by reasons of the breaking, clogging, stoppage or freezing of any service pipe, nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary by the city or the approving authority, absent gross negligence on the part of the city or the approving authority. The city or approving authority may cut off the service at any time for the purpose of repairs or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the sewer service within an area of the Utility District, the approving authority shall, if practicable, give notice to each affected user.
Excavations. Excavation requirements in any easement or public right-of-way shall be as specified and required by the authority having jurisdiction over such easement or right-of-way. In all cases, a permit is required.
Laterals and individual sewage pumps.
All laterals and individual sewage pumps installed on private property will be installed in accordance with the appropriate sections of the Wisconsin Administrative Code as from time to time amended.
The indoor installation of any Town-furnished individual sewage pump is prohibited.
The building sewer shall be inspected by the Plumbing Inspector or his designee upon completion of placement of the pipe and before backfilling, and tested before and after backfilling. In addition, any individual sewage pumps installed by any user shall be inspected and tested by the Plumbing Inspector prior to connection to the building sewer from any structure. The Plumbing Inspector or his designee may order any building sewer or individual pump exposed and removed if such building sewer or pump is covered or placed into service before inspection.
Tapping the mains.
No persons, except those having special permission from the approving authority and the City of Oconomowoc or persons in their service and approved by them, will be permitted under any circumstances to tap the public sewers. The kind and size of the connection to the public sewers shall be that specified in the permit or order from the city and approving authority. A minimum of 48 hours' notice shall be given to the City and approving authority prior to tapping any main.
Gravity public sewers should always be tapped at the top and not within six inches of the joint or within 24 inches of another lateral connection.
When any building sewer is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new building sewer shall be installed for each building.
It shall be the policy of the Town Board of the Town of Oconomowoc to establish sewer service charges in such amount as to obtain sufficient revenues to pay operation and maintenance costs, including contributions to a replacement fund, and debt service, including debt service reserves and coverage requirements.
Those aspects of sewerage service charges relating to operation, maintenance and replacement fund shall be in accord with any relevant and applicable requirements imposed by the Wisconsin Department of Natural Resources or by federal law.
The approving authority may establish sewer service charges, including sewer use charges, customer charges, ready-to-serve charges and other charges as deemed necessary to assure that each user of the sewerage system pays its proportionate share of the cost of such facilities. In addition to all other charges stated in this chapter, the district shall establish, charge and collect sewer service charges, sewer user charges, customer charges, ready-to-serve charges, connection charges, and special assessments in amounts determined by the district as deemed necessary and as allowed by Wisconsin law, including, but not limited to, the provisions of § 66.0821, Wis. Stats., so as to assure that each user of the sewerage system pays its proportionate share of the costs of construction.
A review of the user charge system shall be conducted on an annual basis. This review shall include an analysis of the total costs of the system and of the wastewater contribution of users and user classes.
Sewer use charge. A sewer use charge is hereby imposed upon all users of the sewerage system. The sewer use charge will recover the component of total operation, maintenance and capital costs of the sewerage system that relates to sewage flow attributable to users of the system. The sewer use charge shall consist of a charge in terms of dollars per residential equivalent connection (REC). All users will be assigned a number of residential equivalent connections which will be used as the basis for the sewer use charge. The number of RECs shall be assigned according to § 238-18. The minimum REC assigned shall be one REC per user.
Customer charge. A customer charge is hereby imposed upon each user connected to the sewerage system. The customer charge shall recover customer costs and costs not directly attributed to use of the sewerage system. The customer charge shall be levied to each connection to the sewerage system and will consist of a flat fee per connection.
Ready-to-serve-charge. A ready-to-serve charge shall be imposed on each premises to which sewer service has been made available by the approving authority and a connection to the sewerage system for service has not been made. The ready-to-serve charge shall be based upon the charges provided in Subsection C. Any ready-to-serve charge becoming effective during a given year shall be charged on a pro-rata basis for that year in which such charge becomes effective. This charge shall begin from date of notice by the approving authority that the facility is ready to connect and be served by the sewerage system. As provided by § 238-6B, connection shall be made to the sewerage system within 12 months.
Special rates. It is understood that the approving authority may at any time hereafter set special rates for certain users. Any user discharging wastewater other than domestic waste or any toxic pollutants, wastewater or other wastes to the sewerage system shall pay for the increased operation, maintenance and replacement costs caused by their discharge.
Establishment of charges. Connection fees shall be collected by the approving authority from all new connections to the sewerage system or existing wastewater connections which have a change in operations or activity resulting in the utilization of additional sewerage system capacity. The fee amounts shall be as established and amended from time to time by the district. The sewer residential equivalent connection (REC) fee is currently set at $16,895 per REC. This subsection is hereby amended by adding the provision that the REC fee shall be continued at that rate for five years until January 1, 2026, unless said fee is changed by amending this section of the General Code of Ordinances.
[Amended 3-19-2001; 1-18-2016 by Ord. No. 2016-1; 12-7-2020 by Ord. No. 2020-2]
Application of charges.
Connection charges for all properties shall be based upon the number of residential equivalent connections assigned to that property pursuant to § 238-18. Initial customers in the Utility District may be specially assessed an amount which includes connection fees based upon anticipated use. Any properties that become subdivided or have a change in use or operation that would involve additional sewer usage shall be subject to charges for additional connection fees. Any future land divisions or additions to the Utility District that did not pay connection fees by special assessment will be subject to connection fees.
All properties newly connected to the sewerage system shall be subject to connection fees based upon the number of RECs assigned in accordance with § 238-18 reduced by a credit for the number of RECs for which connection fees were previously paid by direct payment or through special assessment.
Each existing property connected to the sewerage system that has a change in operations or activity which results in the utilization of additional sewerage system capacity will be evaluated, on a case-by-case basis, to determine the imposition of additional connection fees. The charges shall be based upon the estimated annual usage adjusted to reflect the actual days of operation, in terms of RECs, for the entity operating on the premises connected to the sewerage system reduced by a credit for the number of RECs for which connection fees were previously paid by direct payment or through special assessment. The following methodology shall be incorporated into a determination of connection fees for properties previously connected to the sewerage system where a change in operations or activity takes place:
An estimate shall be made of projected future annual usage, in terms of RECs adjusted to reflect the actual days of operation, for the entity utilizing the subject property.
The approving authority shall determine if previous connection fees have been imposed on the property. If prior connection fees have been paid, the number of estimated RECs determined above shall be reduced by the total number of RECs for which the previous connection fees were based. The net number of incremental RECs shall be the basis for the connection fee computation.
Collection of connection fees. Connection fees calculated and due pursuant to this section shall be collected by the approving authority prior to issuance of a building permit or a plumbing permit unless a special assessment has been levied for the connection fees.
City of Oconomowoc connection fees. In addition to all other charges stated in this chapter, and pursuant to the agreement for treatment of wastewater between the Town of Oconomowoc and the City of Oconomowoc, connection fees shall be collected by the approving authority from all new connections to the sewerage system or existing wastewater connections that have a change in operations or activity resulting in the utilization of additional sewerage system capacity. The fees shall be in amounts equal to the sewer availability charge and North Interceptor impact fee as established by Chapter 13 of the City of Oconomowoc Municipal Ordinances and as adjusted annually by the City of Oconomowoc. The fees shall be calculated and collected in accordance with Subsections B and C of this section.
Budget to be prepared. On an annual basis, the Town Clerk/Treasurer shall prepare a sewerage system utility budget. The budgeted expenditures shall be incorporated into the annual sewer user charge system review. The budgeted revenues shall be sufficient to cover projected operation, maintenance and debt service costs of the sewerage utility and any contributions to replacement fund or reserve accounts as may be deemed necessary.
Sewer service charges. Sewer service charges shall be billed on a quarterly basis and shall be payable to the Town Clerk/Treasurer. Statements for such charges and assessments levied and assessed in accordance with this chapter shall become due and payable within 20 days after the end of each period. A penalty of 1.5% per month shall be added to all bills not paid by the date fixed for final payment.
Billing. The property owner is held responsible for all sewer bills on premises that he or she owns. All sewer bills and notices of any nature relative to the sewer service will be addressed to the owner and/or occupant and delivered to the addressee by bulk mail.
Failure to receive bill; no penalty exemption. Every reasonable care will be exercised in the proper delivery of sewer bills. Failure to receive a sewer bill, however, shall not relieve any person of the responsibility for payment of sewer charges within the prescribed period nor exempt any person from any penalty imposed for delinquency in the payment thereof.
Authority. The Town Board of the Town of Oconomowoc adopts § 66.0821(7), Wis. Stats., by reference.
The Town Clerk/Treasurer shall prepare a listing, before October 15 of each year, of all lots or parcels for which sewer charges are still owed for service supplied in the year preceding October 1.
On October 15 in each year, notice shall be given by the Town Clerk/Treasurer to the owner or occupant of all lots or parcels of real estate to which utility service has been furnished prior to October 1 and payment for which is owing and in arrears at the time of giving such notice. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of the Town of Oconomowoc; that unless the delinquent account is paid by November 1 thereafter, a penalty of 10% of the amount of such arrears will be added thereto; and that unless such arrears, with any such added penalty, shall be paid by November 15 thereafter, the same will be levied as a tax against the lot or parcel of real estate to which utility service was furnished and for which payment is delinquent. Such notice may be served by delivery to either such owner or occupant personally or by letter addressed to such owner or occupant at the post office addresses of such lot or parcel of real estate. On November 16 of each year, the Town Clerk/Treasurer shall certify a list of all lots or parcels of real estate, giving the legal descriptions thereof, for which notice of arrears in payment were given as above specified and for which arrears still remain unpaid, and stating the amount of such arrears together with the added penalty thereon as herein provided.
Lien for delinquent charges. Each delinquent amount for sewer service, including penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the utility service was furnished and payment for which is delinquent, and the Town Clerk/Treasurer shall insert the same as a tax against such lot or parcel of real estate. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said delinquent tax if the same is not paid within the time required by law for payment of taxes upon real estate.
Sewer service to rental dwelling units. This section applies only if all of the following conditions are met:
Utility District service is provided to a rental dwelling unit.
The owner of the rental dwelling unit notifies the approving authority in writing of the name and address of the owner.
The owner of the rental dwelling unit notifies the approving authority in writing of the name and address of the tenant who is responsible for payment of the utility charges.
If requested by the approving authority, the owner of the rental dwelling unit provides the approving authority with a copy of the rental or lease agreement in which the tenant assumes responsibility for the payment of the utility charges.
Notification. The approving authority shall comply with at least one of the following methods of notification:
The approving authority shall send bills for sewer service to a customer who is a tenant in the tenant's own name. Upon notification to a customer who is a tenant that charges for sewer service provided by the approving authority to the customer are past due for more than one billing cycle, the approving authority shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided in § 801.14(2), Wis. Stats. If a customer who is a tenant vacates the rental dwelling unit and the owner of the rental dwelling unit provides the public utility, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a written notice containing a forwarding address for the tenant and the date that the tenant vacated the rental dwelling unit, the approving authority shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until notice has been provided to the owner of the rental dwelling unit in the manner set forth below.
The approving authority shall serve notice of the past-due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges become past due. The public utility shall serve notice on the owner of the rental dwelling unit in the manner provided in § 801.14(2), Wis. Stats.
Income and revenues derived from sewerage system users shall be placed in an account for the Utility District Fund which is separate and distinct from the Town general fund.
A replacement fund shall be maintained with the purpose of providing for the replacement of mechanical equipment in order to maintain the capacity and performance for which the sewerage system facilities were designed. Other segregated funds (e.g., debt reserve fund) may be established and maintained as necessary.
No person shall discharge or cause to be discharged to the sewerage system, either directly or indirectly, any wastewater other than domestic waste as defined in § 238-5.
No person shall discharge or cause to be discharged stormwater, groundwater, roof runoff, subsurface drainage, stormwater retention or detention settlings, or cooling water to any sanitary sewer. Groundwater may be accepted, with special approval only, from engineered remediation projects if it is determined that the collection or treatment system will not be adversely affected.
No person in the business of gathering and disposing of septage shall transfer any such material into any disposal area or sewerage system manhole located within the Utility District.
No person shall discharge or cause to be discharged to the sewerage system, either directly or indirectly, any of the following described wastes or wastewater:
Any liquid having a temperature higher than 150° F. (65° C.).
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. to 65° C.).
Any pollutants which result in the presence of toxic gases, vapors, or fumes within the WTF or sewerage system in a quantity that may cause acute worker health and safety problems.
Solid or viscous substances in quantities or of such size as to be capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and flesh, entrails, paper plates, cups, milk containers, etc., either whole or ground by garbage grinders.
Any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely in suspension in the municipal sewers (100% passing half-inch screen; 90% passing quarter-inch screen).
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.
Any wastes or wastewater having a pH lower than 6.0 or higher than 9.0 or having any corrosive property capable of causing damage or hazards to the sewerage system.
Any waste or wastewater of such character and quantity that unusual attention or expense is required to handle it in the sewer system.
Any wastewater or waste containing a toxic or poisonous substance, such as plating or heat treating wastes, in sufficient quantity to injure or interfere with wastewater treatment process, to constitute a hazard to humans or animals, to create any hazard in the sewerage system or which would cause the City of Oconomowoc 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, hexavlent chromium, trivalent chromium, copper, nickel, cadmium, zinc, phenols, iron and tin.
Any radioactive wastes greater than allowable releases as specified by the current United States Bureau of Standards Handbooks dealing with the handling and release of radioactivity.
Free or emulsified oil and grease exceeding on analysis an average of 100 mg/l of either free or emulsified oil and grease or combinations of both.
Any cyanide or cyanogen compounds capable of liberating hydrocyanic gas or acidification in excess of 1/2 (0.5) mg/l by weight as cyanide in the wastes.
Waste or wastewater that:
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.
Causes excess discoloration in the City of Oconomowoc wastewater treatment facilities discharge.
Has a total BOD or suspended solids loading in excess of that of domestic wastewater.
Causes damage to the collection system or impairs the treatment process.
Any pollutants which create a fire or explosion hazard in the sewerage system, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.
Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.
Any septage including holding tank waste and septic tank waste.
No person shall allow the discharge of slugs of water or waste to the sewerage system that may be harmful to the operation of the sewerage system. Where, in the opinion of the City of Oconomowoc wastewater treatment facility operations manager, slugging does occur, each person producing such a discharge into the sewerage system shall construct and maintain at his or her own expense a storage reservoir of sufficient capacity with flow control equipment to ensure an equalized discharge over a twenty-four-hour period.
No person shall discharge any waste or wastewater which would cause the City of Oconomowoc wastewater treatment facilities to be in violation of any of the requirements of their WPDES permit.
No person shall connect to and discharge to the sewerage system, unless there is capacity available in all downstream components of the sewerage system as determined by the City of Oconomowoc wastewater treatment facility operations manager.
Any person who accidentally discharges waste or wastewater prohibited under § 238-11 shall immediately report such discharge to the City of Oconomowoc operations manager.
The Utility District shall require pretreatment facilities of any person discharging or planning to discharge any waste or wastewater that:
Exceeds the strength of domestic waste.
Could cause damage to the sewerage system.
Impairs the treatment process.
Causes the City of Oconomowoc to incur treatment costs exceeding those of treating domestic waste.
Causes the City of Oconomowoc wastewater treatment facilities to exceed its total design loading for volume, BOD, suspended solids or any other pollutant.
Construction, operation and maintenance of pretreatment facilities shall be at the expense of the user.
Plans, specifications and other pertinent information relating to proposed pretreatment facilities shall be submitted for review of the City of Oconomowoc operations manager prior to the start of construction.
In accordance with Ch. NR 114, Wis. Adm. Code, all pretreatment facilities shall be operated by qualified personnel holding certificates of the proper class issued by the State DNR.
Required. Sand and grease traps shall be provided at restaurants, 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. Individual exemptions from this requirement may be granted upon review by the City of Oconomowoc wastewater utility, operations manager, to Category 1 restaurants as defined by the Waukesha County Environmental Resources Department under its restaurant licensing program. All sand and grease traps shall be constructed in accordance with the Wisconsin Plumbing Code and shall be located so as to be readily and easily accessible for easy cleaning and inspection. A description of the sand/grease trap system and the manufacturer, dimensions and location thereof shall be submitted to the City of Oconomowoc wastewater utility with the first maintenance report following installation.
Maintenance. All sand and grease traps shall be maintained by the owner at his or her expense in continuing, efficient operation at all times.
Maintenance reports. Maintenance reports detailing all maintenance performed during the previous year shall be submitted to the City of Oconomowoc wastewater treatment facility operations manager annually, by January 31.
Penalty for failing to file reports. Any user delinquent in filing a maintenance report shall be notified of the delinquency and the penalty for failure to report. Any user who has not submitted the required annual maintenance report by March 1 shall be assessed a penalty not exceeding $200 per day, with each day constituting a separate violation. The penalty shall be assessed from March 1 until the maintenance report has been received by the City of Oconomowoc wastewater treatment facility operations manager.
The City of Oconomowoc or its designee may monitor flow, collect samples and perform laboratory tests on wastewater discharges of any users of the sewerage system as necessary to verify quantity of flow and/or character and concentration of wastewater discharge.
The City of Oconomowoc or the approving authority, their agents and employees 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 chapter, pursuant to §§ 66.0119, 66.0121, and 66.0417, Wis. Stats.
When requested by a user who is furnishing a report or permit application or questionnaire, the portions of such document which might disclose trade secrets or secret processes shall not be made available for use by the approving authority, the city or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
For users of the sewerage system, the following table shall be used to determine the number of residential equivalent connections (RECs) or estimated gallons of wastewater discharged to the sewerage system.
For unmetered commercial and industrial users of the sewerage system, the estimated wastewater flow shall be determined from the following table. The estimated number of RECs shall be determined by dividing the wastewater flow obtained from the table by the flow of the average residential user. REC estimates shall be based upon employment hours for a peak day. If the City of Oconomowoc wastewater utility operations manager determines that the REC estimates developed from the tables do not accurately reflect the user's anticipated wastewater discharge to the sewerage system, then a wastewater flow and REC estimate shall be assigned by the operations manager and may be based upon any reasonable means of estimating flows for nonmetered users. The minimum number of RECs for any account shall not be less than 1.00 REC. Upon completion of the REC computations, all RECs will be rounded up to the nearest 0.5 REC.
At the discretion of the Town Board of the Town of Oconomowoc, certain nonresidential sewer users may be required to install water meters to determine sewer usage for purposes of calculating connection charges and/or user charges. Costs for alterations to plumbing necessary to accommodate meters shall be borne by the customer. Meters shall be furnished and installed by the district. Metered customers may be charged reasonable fees for metering services.
All individual sewage pumps furnished to the property owner shall remain the property of the Town. All individual connecting sewers installed by an individual property owner between a building or structure to which sanitary sewer service is provided and the point of connection with the sewer main shall be the joint property of the Town and the individual property owner as hereinafter provided, to wit: At the time said property owner applies for a plumbing permit authorizing connection to the sewer, said owner shall, as a condition of receiving said plumbing permit, be required to execute all documents necessary to establish and evidence said joint ownership of said connecting sewer.
The owner of each individual property receiving sanitary sewer service shall install, at said property owner's expense, the individual sewage pumps needed to serve said property, and all necessary connecting sewers, in conformance with Ch. Comm 82, Wis. Adm. Code.
The owner of each individual property receiving sanitary sewer service shall be required to provide and pay for the operation, maintenance, repair, and replacement of any sewage pump, and any connecting sewer and appurtenance, including any building sewer connected to the sewage pump from the sewer main in the public right-of-way or easement to the sewage pump, and from the sewage pump to the premises served. Said maintenance, repair, and replacement of any individual sewage pump furnished by the district shall only be performed by a licensed plumber, or a service representative trained for such maintenance by the sewage pump manufacturer.
If warranty-based work is performed during the initial two-year warranty period on any individual grinder pump system furnished by the Town, the owner of the property served by said pump shall obtain said service from the authorized local service representative at the location stated in the operation manual furnished to the property owner at the time of initial startup of the pump.
If the owner of any property receiving sanitary sewer service shall fail to properly maintain a sewage pump, or a connecting sewer or appurtenance serving said property, the Town shall have the right to enter said property for the purpose of performing such maintenance, repair, or replacement and shall bill the property owner for all costs and expenses related thereto. If said costs and expenses are not paid within 30 days, said costs and expenses shall be assessed as a special tax lien against the individual property. At the time said property owner applies for a plumbing permit authorizing connection to the sewer, said owner shall, as a condition of receiving said permit, execute all documents necessary to establish and evidence said rights, duties, and responsibilities.
Any person who fails to comply with any of the provisions of this chapter or with an order of the city or approving authority issued pursuant to this chapter or who shall tamper with metering or sampling shall be liable to the approving authority for any expense, loss or damage occasioned by such violation, including reasonable attorney's fees and other expenses of litigation, and, upon conviction of any violation of this chapter, shall be subject to a forfeiture of not less than $100 nor more than $2,500 per violation, plus damages. Each day a condition is allowed to exist which is contrary to all or any part of this chapter shall constitute a new violation. Change of ownership or occupancy of premises delinquent under the provisions of this chapter shall not be cause for reducing or eliminating charges due and penalties for violations.
If any user discharges waste or wastewater that is inhibiting to the sewerage system or wastewater treatment facility or is prohibited as outlined in § 238-11, Prohibited discharges, said user shall pay a penalty of $200 per violation. Each day a violation occurs shall constitute a separate violation. Said penalty shall be added to the monthly or quarterly billing statement. Written notice of violation and the intent to assess a penalty shall be forwarded to said user within five days of the determination of the violation.
In addition to the court proceedings and penalties described in the foregoing sections of this chapter, whenever a person violates any provision of this chapter or fails to comply with any order of the approving authority, the approving authority may order that an action be commenced on behalf of the approving authority in the Circuit Court for Waukesha County for the purpose of obtaining an injunction restraining the person violating this chapter or failing to comply with the order from making any further discharges into the sewerage system of the Utility District.
The Town constructed a sanitary sewer system in an area of the Town of Oconomowoc known as "Town of Oconomowoc Utility District No. 1" that allows the extension of sewer service by the Town to properties within the Utility District, and the Town Board has ordered that said properties shall be connected to the public sewer system; and it is now hereby ordained by the Town Board of the Town of Oconomowoc, Waukesha County, Wisconsin, pursuant to the provisions of §§ 66.0821(4), 66.0627(1), 62.16, and 66.0911, Wis. Stats., that if the property has not been connected to the public sewer and has been ordered to be connected to the sewer, the Town may, in addition to all other methods provided by law, cause said property to be connected as follows:
The property owner may, by petition to the Town Board, request that the Town connect the property to the sewer.
The property owner shall state in the petition that he/she is financially unable to connect the property to the sewer.
The Town shall find, by adoption of a resolution, that the connection of the property to the sewer, and the expenditure of public funds to do so, is for a public purpose and in the public interest, and that the resulting financial obligation to the Town by the property owner is sufficiently secured, and shall order that the connection shall be made by the Town.
The entire cost of the work incurred by the Town, including the cost of the lateral, grinder pump, and appurtenances, and the cost of all labor and materials, and the cost of all inspection, engineering and legal services shall be charged against the property and paid by the property owner as a special sewer service charge pursuant to §§ 66.0821(4) and 66.0627(1), Wis. Stats.; and the special sewer service charge shall be made pursuant to and as an exercise of the police powers of the Town of Oconomowoc, and all of the costs shall become a lien against the property immediately.
The property owner shall sign the permit applications, waivers, agreements, releases, easements, and contracts as shall be requested and/or required to allow the Town to cause and permit the property to be connected.
The Town shall not have or acquire an ownership in the lateral and appurtenances constructed on private property to accomplish the sanitary sewer connection, nor shall it have or acquire any obligation to maintain, repair, or replace the lateral, and all of the costs and obligations shall be the obligation of the property owner, and the property owner shall also be responsible for and shall pay for all user charges relating to use of the sewer by the property.
This special sewer service charge shall be made pursuant to and as an exercise of the police powers of the Town of Oconomowoc, and shall be in addition to all other assessments, charges, fees, and costs, assessed, levied, and/or charged or chargeable against the property.
The authority, powers, methods, and procedures established by and/or included in this section shall be in addition to all other powers, authorities, methods and procedures possessed by the Town under other laws, statutes, rules and regulations, ordinances, resolutions, and orders to compel connection of the properties to the public sewer system.