[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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.
A sewer which carries only sewage or industrial wastes from
the building plumbing to the public sanitary sewer.
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.
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.
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]
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.
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.
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.
A sample consisting of portions of waste taken in proportion
to the volume of flow of such wastes.
See "discharge."
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:
Is subject to national categorical pretreatment standards;
Has a nondomestic flow of 25,000 gallons or more per average
work day;
Contributes more than 5% of the average dry-weather capacity
of the wastewater treatment facility; or
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.
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.
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.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Sanitary sewage in which BOD and total suspended solids concentrations
do not exceed normal concentration of:
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.
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:
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.
Electrical power and other utility services.
Chemicals, fuel and other operating supplies.
Repairs to and maintenance of associated equipment.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
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.
A privately owned sewer serving one or more buildings and
not directly controlled by the Town of Oconomowoc.
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.
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.
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.
All premises used only for human residency and that are connected
to the sewerage system.
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.
All facilities for collecting, transporting, and pumping
waste and wastewater. Also may be referred to as the "sewer system."
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.
All lands included within the boundaries of the Utility District
as shown in Exhibit A attached hereto.[1]
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.
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.
A sewer that carries storm and surface drainage, but excludes
domestic and industrial wastes.
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.
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.
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.
A pumping facility utilized to pump wastewater within the
collection system.
Any City of Oconomowoc owned facility, devices and structures
used for receiving and treating wastewater from the sewerage system.
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES), pursuant to Ch. 283,
Wis. Stats.
[1]
Editor's Note: Exhibit A is on file in the Town offices.
A.
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.
B.
Connection.
(1)
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.
(2)
If a person fails to comply with the notice to connect within the
given period of time, the approving authority may, at its option:
(a)
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.
(b)
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.
(3)
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.
C.
Alternative disposal prohibited.
(1)
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.
(2)
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.
D.
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.
E.
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.
F.
Users.
(1)
Application for service.
(a)
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.
(b)
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.
(c)
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.
(d)
The applicant or owner, prior to issuance of a permit, shall
pay all expenses and fees relating to the connection to the sewerage
system.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
G.
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.
H.
Laterals and individual sewage pumps.
[Amended 2-18-2002]
(1)
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.
(2)
The indoor installation of any Town-furnished individual sewage pump
is prohibited.
(3)
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.
I.
Tapping the mains.
(1)
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.
(2)
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.
(3)
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.
A.
General.
(1)
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.
(2)
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.
(3)
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.
[Amended 3-19-2001]
(4)
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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]
B.
Application of charges.
(1)
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.
(2)
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.
(3)
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:
[Amended 2-18-2002]
(a)
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.
(b)
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.
C.
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.
D.
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.
[Amended 3-19-2001]
A.
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.
B.
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.
C.
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.
D.
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.
E.
Delinquent accounts.
(1)
Authority. The Town Board of the Town of Oconomowoc adopts § 66.0821(7),
Wis. Stats., by reference.
(2)
Procedure.
(a)
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.
(b)
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.
(3)
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.
(4)
Sewer service to rental dwelling units. This section applies only
if all of the following conditions are met:
(a)
Utility District service is provided to a rental dwelling unit.
(b)
The owner of the rental dwelling unit notifies the approving
authority in writing of the name and address of the owner.
(c)
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.
(d)
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.
(5)
Notification. The approving authority shall comply with at least
one of the following methods of notification:
(a)
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.
(b)
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(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. to 65° C.).
(3)
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.
(4)
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.
(5)
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).
(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 6.0 or higher than
9.0 or having any corrosive property capable of causing damage or
hazards to the sewerage system.
(8)
Any waste or wastewater of such character and quantity that unusual
attention or expense is required to handle it in the sewer system.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
Waste or wastewater that:
(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 excess discoloration in the City of Oconomowoc wastewater
treatment facilities discharge.
(c)
Has a total BOD or suspended solids loading in excess of that
of domestic wastewater.
(d)
Causes damage to the collection system or impairs the treatment
process.
(14)
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.
(15)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass through.
(16)
Any septage including holding tank waste and septic tank waste.
E.
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.
F.
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.
G.
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.
A.
The Utility District shall require pretreatment facilities of any
person discharging or planning to discharge any waste or wastewater
that:
(1)
Exceeds the strength of domestic waste.
(2)
Could cause damage to the sewerage system.
(3)
Impairs the treatment process.
(4)
Causes the City of Oconomowoc to incur treatment costs exceeding
those of treating domestic waste.
(6)
Causes the City of Oconomowoc wastewater treatment facilities to
exceed its total design loading for volume, BOD, suspended solids
or any other pollutant.
B.
Construction, operation and maintenance of pretreatment facilities
shall be at the expense of the user.
C.
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.
D.
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.
A.
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.
B.
Maintenance. All sand and grease traps shall be maintained by the
owner at his or her expense in continuing, efficient operation at
all times.
C.
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.
D.
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.
[Amended 5-3-2004]
A.
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.
|
Residential User
|
REC
| |
|---|---|---|
|
Condominium
|
1.00/unit
| |
|
Single-family home
|
1.00
| |
|
Duplex (1 REC each side)
|
2.00
| |
|
Multiple-family (2 bedrooms or more)
|
1.00/unit
| |
|
Multiple-family (1 bedroom or less)
|
0.75/unit
| |
|
Independent senior housing (§ 42 and similar program
qualified)
|
0.50/unit
|
B.
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.
|
SIC Code
|
Description
|
Gallons per Employee Hour
| |
|---|---|---|---|
|
0742
|
Veterinary services for animal specialties
|
20.0
| |
|
0752
|
Animal specialty services
|
16.0
| |
|
0782
|
Lawn and garden services
|
10.0
| |
|
1446
|
Industrial sand
|
5.0
| |
|
1521
|
General contractors: residential
|
2.3
| |
|
1541
|
General contractors: industrial buildings and warehouses
|
2.3
| |
|
1611
|
General contractors: public works
|
2.3
| |
|
1711
|
Plumbing, heating and air conditioning
|
2.3
| |
|
1731
|
Electrical work
|
2.3
| |
|
1761
|
Roofing and sheet metal work
|
2.3
| |
|
1799
|
Special trade contractors, N.E.C.
|
2.3
| |
|
2013
|
Sausage and other prepared meats
|
110.0
| |
|
2065
|
Candy and other confectionery products
|
50.0
| |
|
2087
|
Flavoring extracts and syrups, N.E.C.
|
75.0
| |
|
2394
|
Canvas and related products
|
2.3
| |
|
2431
|
Millwork
|
5.0
| |
|
2434
|
Wood kitchen cabinets
|
5.0
| |
|
2522
|
Metal office furniture
|
2.3
| |
|
2721
|
Periodicals: publishing and printing
|
10.0
| |
|
2731
|
Books: publishing and printing
|
10.0
| |
|
2751
|
Commercial printing, letterpress and screen
|
10.0
| |
|
2752
|
Commercial printing, lithographic
|
10.0
| |
|
2789
|
Book binding and related work
|
10.0
| |
|
2795
|
Lithographic platemaking and related services
|
25.0
| |
|
2819
|
Industrial inorganic chemicals, N.E.C.
|
10.0
| |
|
2834
|
Pharmaceutical preparation
|
10.0
| |
|
2841
|
Soap and other detergents
|
15.0
| |
|
2893
|
Manufacturing of printing ink
|
30.0
| |
|
2899
|
Chemicals and chemical preparations, N.E.C.
|
10.0
| |
|
3079
|
Miscellaneous plastic products
|
85.0
| |
|
3111
|
Leather tanning and finishing
|
345.0
| |
|
3272
|
Concrete products, except block and brick
|
25.0
| |
|
3442
|
Metal doors, sash, frames, molding and trim
|
2.3
| |
|
3444
|
Sheet metal work
|
40.0
| |
|
3451
|
Screw machine products
|
10.0
| |
|
3462
|
Iron and steel forging
|
5.0
| |
|
3469
|
Metal stampings, N.E.C.
|
5.0
| |
|
3471
|
Electroplating, plating, polishing, anodizing, etc.
|
50.0
| |
|
3479
|
Coating, engraving and allied services, N.E.C.
|
100.0
| |
|
3495
|
Wire springs
|
2.3
| |
|
3498
|
Fabricated pipe and fittings
|
2.3
| |
|
3499
|
Fabricated metal products, N.E.C.
|
25.0
| |
|
3531
|
Construction machinery and equipment
|
5.0
| |
|
3544
|
Spec. dies and tools, die sets, jigs and fixtures, molds
|
10.0
| |
|
3562
|
Ball and roller bearings
|
5.0
| |
|
3565
|
Industrial patterns
|
5.0
| |
|
3569
|
General industrial machinery and equipment, N.E.C.
|
4.0
| |
|
3576
|
Scales and balances, except laboratory
|
2.3
| |
|
3599
|
Machinery, except electrical, N.E.C.
|
10.0
| |
|
3613
|
Switchgear and switchboard apparatus
|
5.0
| |
|
3632
|
Household refrigerators and home and farm freezers
|
2.3
| |
|
3694
|
Electrical equipment for internal combustion engines
|
2.3
| |
|
3714
|
Motor vehicle parts and accessories
|
75.0
| |
|
3999
|
Manufacturing industries, N.E.C.
|
2.3
| |
|
4141
|
Local passenger transportation charter service
|
2.3
| |
|
4151
|
School buses
|
2.3
| |
|
4212
|
Local trucking without storage
|
10.0
| |
|
4213
|
Trucking, except local
|
2.3
| |
|
4225
|
General warehousing and storage
|
2.3
| |
|
4311
|
U.S. Postal Service
|
2.3
| |
|
4722
|
Travel agency
|
2.3
| |
|
4811
|
Telephone communication
|
2.3
| |
|
4832
|
Radio broadcasting
|
2.3
| |
|
5042
|
Toys and hobby goods and supplies
|
2.3
| |
|
5063
|
Electrical apparatus and equipment
|
2.3
| |
|
5054
|
Electrical appliances
|
2.3
| |
|
5072
|
Hardware: wholesale distribution
|
2.3
| |
|
5082
|
Construction and mining machinery and equipment
|
2.3
| |
|
5084
|
Industrial machinery and equipment
|
2.3
| |
|
5142
|
Frozen foods
|
10.0
| |
|
5149
|
Wholesale groceries and related products, N.E.C.
|
10.0
| |
|
5199
|
Wholesale nondurable goods, N.E.C.
|
10.0
| |
|
5211
|
Lumber and other building materials dealers
|
2.3
| |
|
5231
|
Paint, glass, wallpaper
|
2.3
| |
|
5251
|
Hardware: retail sales
|
2.3
| |
|
5261
|
Retail nurseries, lawn and garden supply stores
|
10.0
| |
|
5271
|
Mobile home dealers
|
2.3
| |
|
5311
|
Department stores
|
2.3
| |
|
5331
|
Variety stores
|
2.3
| |
|
5411
|
Grocery stores with meat and produce departments
|
16.0
| |
|
5412
|
Grocery stores without meat and produce departments
|
6.0
| |
|
5441
|
Candy, nut and confectionery stores
|
10.0
| |
|
5462
|
Retail bakeries: baking and selling
|
10.0
| |
|
5499
|
Miscellaneous food stores
|
2.3
| |
|
5511
|
Motor vehicle dealers
|
5.0
| |
|
5531
|
Auto and home supply stores
|
2.3
| |
|
5541
|
Gasoline service stations
|
15.0
| |
|
5551
|
Boat dealers
|
5.0
| |
|
5611
|
Clothing stores
|
2.3
| |
|
5651
|
Shoe stores
|
2.3
| |
|
5681
|
Furriers and fur shops
|
5.0
| |
|
5711
|
Furniture, floor coverings, appliances
|
2.3
| |
|
5812
|
Eating places (restaurants)
|
20.0
| |
|
5813
|
Drinking places (taverns)
|
45.0
| |
|
5912
|
Drugstores and proprietary stores
|
2.3
| |
|
5921
|
Liquor stores
|
2.3
| |
|
5931
|
Used merchandise stores
|
2.3
| |
|
5941
|
Sporting goods stores and bicycle shops
|
2.3
| |
|
5942-9
|
Miscellaneous stores
|
2.3
| |
|
5992
|
Florists
|
10.0
| |
|
5999
|
All other retail stores
|
2.3
| |
|
6022-59
|
Banks
|
2.3
| |
|
6122-63
|
Savings and loans
|
2.3
| |
|
6311
|
Insurance companies
|
2.3
| |
|
6411
|
Insurance agents
|
2.3
| |
|
6512
|
Operators of nonresidential buildings
|
2.3
| |
|
6515
|
Operators of residential mobile home sites
|
2.3
| |
|
6531
|
Real estate agents and managers
|
2.3
| |
|
6553
|
Cemetery subdividers and developers
|
2.3
| |
|
6722
|
Management investment offices
|
2.3
| |
|
7011
|
Hotels, motels, tourist courts
|
0.5 REC/unit
| |
|
7211
|
Power laundries, family and commercial
|
105.0
| |
|
7212
|
Cleaning and laundry pickup stations
|
2.3
| |
|
7215
|
Fac. coin-op laundries and dry cleaning
|
910.0
| |
|
7221
|
Photographic studios
|
2.3
| |
|
7231
|
Beauty shops
|
16.0
| |
|
7241
|
Barber shops
|
10.0
| |
|
7261
|
Funeral service and crematories
|
15.0
| |
|
7299
|
Miscellaneous services, N.E.C.
|
2.3
| |
|
7311
|
Advertising agencies, employment services
|
2.3
| |
|
7332
|
Blueprinting and photocopying services
|
2.3
| |
|
7351
|
Employment agencies
|
2.3
| |
|
7391
|
Research and development laboratories
|
10.0
| |
|
7395
|
Photofinishing labs
|
10.0
| |
|
7512
|
Passenger car rental and leasing, w/o drivers
|
10.0
| |
|
7531
|
Top and body repair shop
|
5.0
| |
|
7534
|
Tire retreading and repair shops
|
20.0
| |
|
7538
|
General automotive repair shops
|
5.0
| |
|
7542
|
Car washes
|
115.0
| |
|
7622
|
Radio and television repair
|
2.3
| |
|
7699
|
Repair shops and related services, N.E.C.
|
2.3
| |
|
7832
|
Motion-picture theaters, not drive-ins
|
20.0
| |
|
7911
|
Dance halls, studios and schools
|
20.0
| |
|
7922
|
Theatrical producers
|
20.0
| |
|
7933
|
Bowling alleys
|
50.0
| |
|
7992
|
Public golf courses
|
45.0
| |
|
7997
|
Membership sports and recreation clubs
|
75.0
| |
|
7999
|
Roller rinks, gymnasiums, museums
|
20.0
| |
|
8011
|
Offices of physicians
|
10.0
| |
|
8021
|
Offices of dentists
|
10.0
| |
|
8031
|
Offices of osteopaths
|
10.0
| |
|
8041
|
Offices of chiropractors
|
10.0
| |
|
8051
|
Skilled nursing care facilities
|
20.0
| |
|
8091
|
Health and allied services, N.E.C.
|
10.0
| |
|
8111
|
Attorneys
|
2.3
| |
|
8211
|
Elementary and secondary schools
|
20.0
| |
|
8221
|
Colleges, universities and professional schools
|
25.0
| |
|
8231
|
Libraries and information centers
|
20.0
| |
|
8249
|
Vocational schools, N.E.C.
|
20.0
| |
|
8421
|
Arboreta, botanical and zoological gardens
|
45.0
| |
|
8621
|
Professional membership organizations
|
2.3
| |
|
8641
|
Civic, social and fraternal associations
|
15.0
| |
|
8661
|
Religious organizations (hours occupied only)
|
20.0
| |
|
8699
|
Membership organizations, N.E.C.
|
2.3
| |
|
8911
|
Engineering, architectural and surveying services
|
2.3
| |
|
8931
|
Accountants
|
2.3
| |
|
9199
|
General government, N.E.C.
|
2.3
| |
|
9221
|
Police protection
|
2.3
| |
|
9224
|
Fire protection
|
2.3
| |
|
9451
|
Administration of veteran's affairs
|
2.3
| |
|
9999
|
All offices, N.E.C.
|
2.3
|
|
NOTE: Parsonages should be regarded as single-family residences.
|
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
[Added 10-7-2002]
A.
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:
(1)
The property owner may, by petition to the Town Board, request that
the Town connect the property to the sewer.
(2)
The property owner shall state in the petition that he/she is financially
unable to connect the property to the sewer.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
B.
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.
