[Adopted 5-11-1981 by Ord. No. 210]
A. 
The purpose of this article is to provide for the use of City-owned and -operated sewerage facilities, including the new proposed treatment facility, without damage to the physical facilities, without impairment of their normal function of collecting, treating and discharging domestic wastewaters from the area served by the City, and without the discharge by the publicly owned treatment works of pollutants which would be in violation of its permitted discharge under the applicable rules and regulations of state and federal regulatory agencies.
B. 
Enactment of this article and its user charge system shall take place prior to completion of construction of the new treatment facility, Project No. C550985-03.
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
APPROVING AUTHORITY
The City Council or their authorized deputy, agent, representative or consulting engineer. "Approving authority" and "City" are used interchangeably.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at 20° C. and expressed in milligrams per liter.
COMBINED SEWER
A sewer intended to receive both wastewater and storm sewer or surface water.
COMMERCIAL AND INSTITUTIONAL USER
Those users of the publicly owned treatment works which are not residential and are not classified as an industrial user.
COMPATIBLE POLLUTANTS
Those pollutants generally characterized as BOD, suspended solids, pH and fecal coliforms, together with any additional pollutants defined in the City's WPDES permit, unless the concentrations of any of these pollutants are such that they interfere with the operation of the treatment works or exceed the limits established under §§ 445-18 and 445-19.
DEBT SERVICE CHARGE
That charge to the users which shall, in whole or in part, defray the costs of retiring the debts incurred in the construction of any wastewater facilities by the City.
DOMESTIC WASTEWATER
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 113 mg/l and the BOD is established at or below 250 mg/l.
FLAT CHARGE
The charge made to unmetered users for use of the treatment works.
INCOMPATIBLE POLLUTANTS
All pollutants which are not compatible, as defined in this section.
INDUSTRIAL COST RECOVERY
Recovery by the City from industrial users of a wastewater works of the grant amount allocable to the treatment of wastes from such users pursuant to Section 204(b) of the Federal Act.
INDUSTRIAL USER AS DEFINED FOR INDUSTRIAL COST RECOVERY
A. 
Any nongovernmental user of publicly owned treatment works which discharges more than 25,000 gallons per day of sanitary waste, or a volume of process waste, or combined process and sanitary waste, equivalent to 25,000 gallons per day of sanitary waste. Sanitary wastes are the wastes discharged from the average residential user in the City's service area. The strength of the average residential waste discharge in the City's service area shall be defined in terms of a concentration of 250 mg/l biochemical oxygen demand (BOD) and 113 mg/l suspended solids (SS). These concentrations will be applied in determining equivalent volumes of process waste or combined discharge of sanitary and process wastes.
B. 
Any nongovernmental user of publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works.
INDUSTRIAL USER AS DEFINED FOR INDUSTRIAL USER CLASS
Any user of the publicly owned treatment works that engages in the processing, blending, assembling or in some way transforming of materials or substances into new products. This type of user would normally occupy an establishment described as a plant, factory, or mill.
INDUSTRIAL WASTE
The wastewater from an industrial user as distinct from domestic wastewater.
MINIMUM CHARGE
The amount charged to each user regardless of use. This charge does not provide the user a minimum amount of use.
OPERATION AND MAINTENANCE COSTS
All costs incurred in the operation and maintenance of the City's wastewater treatment works. This class of cost shall include, but not be limited to, labor, energy, chemicals and replacement cost and excludes debt retirement.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm (base 10) of the reciprocal of the hydrogen ion concentration in gram moles per liter of solution as determined by acceptable laboratory procedures.
REPLACEMENT COST
Expenditures for obtaining and installing equipment accessories or appurtenances which are necessary to maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed. The term "operation and maintenance" includes replacement. The yearly replacement cost is calculated as follows:
a
=
Present Installed Cost
Projected Service Life
RESIDENTIAL USER
A user of the publicly owned treatment works that would occupy an establishment considered a house or apartment and other facilities in which people live.
SANITARY SEWER
A sewer that conveys domestic wastewater or industrial waste or a combination of both and into which storm, surface and ground waters or unpolluted industrial wastewater are not intentionally passed.
SEWER SERVICE CHARGE
The sum of the minimum charge, user charge, debt service charge and any applicable surcharge.
SLUG
Any discharge of water or wastewater which, in concentrations of any constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration of flows during normal operation, and which adversely affects the collection system and/or performance of the wastewater treatment plant.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Sewage and Industrial Wastes," published jointly by the American Public. Health Association, the American Waterworks Association and the Federation of Sewage and Industrial Wastes Association.
STORM SEWER
A sewer which carries storm and surface drainage but excludes domestic wastewater and industrial wastes.
SURCHARGE
An additional charge related to industrial wastes being discharged by any user having unusual characteristics such as excessive BOD, excessive suspended solids or other pollutants.
SUSPENDED SOLIDS (SS)
Total suspended matter that either floats 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 SS shall be made in accordance with procedures set forth in "Standard Methods."
UNPOLLUTED WATER
Water of quality equal to or better that the effluent criteria in effect, or water that would not cause violation of receiving-water quality standards.
USER
Any person discharging domestic wastewater or industrial wastes into the collection system.
USER CHARGE
That charge to users of the treatment plant which adequately provides for proportionate recovery of the operation and maintenance costs.
USER CLASS
A group of users having similar wastewater flows and characteristics, levels of BOD, suspended solids, etc.
WASTEWATER
A combination of the water-carried waste discharged into the collection system from residences, commercial buildings, institutions, and industrial establishments, together with such ground surface and stormwater as may be present.
WASTEWATER TREATMENT WORKS
All facilities for collection, pumping, treating and disposing of domestic wastewater and industrial waste.
WPDES PERMIT
The Wisconsin Pollutant Discharge Elimination System Permit, which allows the City to discharge wastes to a watercourse, provided those wastes meet the conditions of the permit.
A. 
Discharge of wastewater prohibited. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
B. 
Privies, septic tank and cesspools; compliance with provisions required. Except as provided in this section, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
C. 
Connection with public sewer required. The owner of any house, building or property used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required, at the owner's 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 article, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line. Where a public sanitary sewer is not available under the provisions of this section, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.
D. 
Compliance with county regulations required. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Sawyer County Zoning Administrator and comply with the then-applicable Sawyer County sanitary laws. The City expressly consents to the enforcement of such laws by the Sawyer County Zoning Administrator and other Sawyer County officials within the City. Violations of this section may also be prosecuted by the City.
E. 
Inspection of installation. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the approving authority. The approving authority shall be allowed to inspect the work at any stage of construction and, if any event, the applicant for the permit shall notify the approving authority when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the approving authority.
F. 
Compliance with certain state provisions required; discharge to natural outlet prohibited. The type, capacities, location shall comply with all recommendations of the Plumbing Section of the Department of Safety and Professional Services of the state. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
G. 
Connection with public sewer required when. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Subsection C above, a direct connection shall be made to the public sewer within 90 days, in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
H. 
Sanitary operation required. The owner shall operate and maintain the private wastewater disposal facility in a sanitary manner at all times, at no expense to the City.
I. 
Conflict of provisions. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
J. 
Wastewater discharge permit. A wastewater discharge permit shall be required of any person desiring to discharge wastewater to the wastewater treatment works and shall be of two classes:
(1) 
A domestic wastewater discharge permit shall be required of any person desiring to discharge domestic waste and shall be considered as part of the building permit required and issued by the City.
(2) 
An industrial wastewater discharge permit shall be required of any person desiring to discharge an industrial waste and shall be completely separate from any other permits issued by the City. Further requirements for this class of permit can be found in § 445-22 of this article.
K. 
Owner responsibility and compliance with City regulations. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The size, slope, alignment and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the City.
L. 
Inspection. The City shall be permitted to have an authorized representative inspect any new or old installations for compliance with the regulations of this article.
M. 
New connections. New connections to the system shall not be allowed unless all downstream components have a reserve capable of accepting them.
A. 
No person shall discharge or cause to be discharged, any unpolluted waters, such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sewer; except that stormwater runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewer by permission of the approving authority.
B. 
Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the approving authority. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority, to a storm sewer or natural outlet.
C. 
Except as provided in this article, no person shall discharge or cause to be discharged any of the following described water or wastes to any public sewer:
(1) 
Gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
(2) 
Water or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment plant;
(3) 
Water or wastes having a pH lower than 6.0 or higher than 10.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works;
(4) 
Solid or viscous substances in quantities or of such size to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers etc., either whole or ground by garbage grinders.
The following described substances, materials, waters or wastes shall be limited in discharges to municipal systems, to concentrations or quantities which will not harm the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger life, limb or public property, or constitute a nuisance. The approving authority may set limitations lower than the limitations established in the regulations below, if such limitations are necessary to meet the above objections. In forming an opinion as to the acceptability, the approving authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer, which shall not be violated without approval of the approving authority, are as follows:
A. 
Wastewater having a temperature higher than 150° F. (65° C.);
B. 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil margin;
C. 
Wastewater from industrial plants containing floatable oils, fats or grease;
D. 
Garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises, or when served by caterers;
E. 
Water or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater or at the wastewater treatment works exceeds the limits established by the approving authority in compliance with state regulations;
F. 
Water or wastes containing odor-producing substances exceeding limits which may be established by the approving authority in compliance with state regulations;
G. 
Radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the approving authority, in compliance with state or federal regulations;
H. 
Quantities of flow, concentrations, or both, which constitute a "slug," as defined in § 445-16;
I. 
Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of the City's WPDES permit;
J. 
Water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, from suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes;
K. 
Materials which exert or cause:
(1) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant;
(2) 
Unusual volume of flow or concentration of wastes constituting "slugs";
(3) 
Unusual concentrations of inert suspended solids, such as fuller's earth, lime slurries and lime residues, or of dissolved solids, such as sodium sulfate;
(4) 
Excessive discoloration, such as dye wastes and vegetable tanning solutions.
A. 
Pretreatment required when; cost. When, in the opinion of the approving authority, and in accordance with Title 40, Part 128, of the Code of Federal Regulations, and other applicable state and federal regulations, pretreatment is required to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment facility, the person creating the waste shall provide, at his expense, such preliminary treatment or processing facilities as may be determined required to render his wastes acceptable for admission to the public sewers.
B. 
Interceptor requirements. Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary, for the proper handling of such wastes, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by state plumbing code, and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal, by appropriate means, of the captured material, and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Any removal and handling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste-disposal firms.
No statement contained in this article shall be construed as prohibiting any special agreement between the City and any person, whereby an industrial waste of unusual strength or character may be admitted to the sewage disposal works, either before or after pretreatment, provided that there is no impairment of the functioning of the sewage disposal works by reason of the admission of such wastes, and no extra costs are incurred by the City without recompense by the person.
A. 
An industrial wastewater discharge permit is required under § 445-17 of this article. For any discharge by an industrial user, as defined in § 445-16 of this article, this permit must be obtained 180 days prior to the beginning of discharge. In support of this application, the user shall submit the following information:
(1) 
Name, address and standard industrial classification number of applicant.
(2) 
Average volume of wastewater to be discharged.
(3) 
Wastewater constituents and characteristics as determined by examination according to "Standard Methods."
(4) 
Time and duration of discharge.
(5) 
Average and peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
Site plan, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.
(7) 
Description of activities, facilities and plant processes on the premises including all materials and types of materials which are, or could be, discharged.
(8) 
Each product by type, amount and rate of production.
(9) 
Number and type of employees and hours of work.
(10) 
Any other information as may be deemed by the approving authority to be necessary to evaluate the permit application.
B. 
The approving authority will use a consulting engineer to evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the approving authority may issue a wastewater discharge permit subject to appropriate terms and conditions.
As the City currently has no user that would qualify for industrial cost recovery, this section will be expanded in accordance with 40 CFR 35.928 at such time as an application for an industrial discharge permit is made. A part of this section will be modified to include such monitoring and testing requirements necessary for equitable division of costs.
A. 
Authority. The City Council of the City shall have the authority to establish and collect a sewer service charge for the use of the public wastewater treatment works maintained and operated by the City.
B. 
Classes of users.
(1) 
The following user classes are established:
(a) 
Residential.
(b) 
Commercial and institutional.
(c) 
Industrial.
(2) 
All users will pay at the residential rate plus the appropriate surcharges for their user class.
C. 
Method of computing. The service charge shall be based on water or wastewater meter readings, when available. When such meter readings are unavailable, the service charges will be a flat charge based on the estimate of usage for the unmetered users. This estimate shall be 12,320 gallons per quarter as determined from the 1978 Public Service Commission Report. Where the flat charge must be used, it will be paid for the full quarter and shall not be prorated. If service should be interrupted for any full quarter, only the minimum will be charged. The flat charge will be adopted by resolution.
D. 
Debt service charge. All charges incurred for debts prior to January 1, 1981, for capital improvements and operating and maintenance expenses for the wastewater treatment works shall be paid for by a debt service charge which is a part of the total sewer service charge, or by such sums as the City Council may annually elect to take from the general fund. The amount of this charge will be reviewed annually and adopted by resolution.
E. 
Minimum charge. The minimum charge per user shall be the charge to cover the cost of billing and collecting of accounts and 75% of maintenance cost of the sewage collection system to be paid for each connection for the availability of the service. This charge will be made regardless of use and shall be adopted by resolution.
F. 
User charge. The user charge for the residential user class for discharging domestic wastewater shall be based on a minimum annual charge per user and on the volume used by each user. The amount of this charge will be reviewed annually and adopted by resolution.
G. 
Surcharges.
(1) 
The commercial and institutional class of users shall be charged at the residential user rate and such additional surcharges as may be shown equitable.
(2) 
The industrial user class of users shall be charged at the residential user rate plus a surcharge developed at such time as an application is received for a permit to discharge and industrial waste.
H. 
Industrial cost recovery. As determined in § 445-23 of this article, shall be included here and made a part of the total sewer service charge.
I. 
Total sewer service charge. The total sewer service charge shall be the sum of the minimum charge, the debt service charge, user charge, any applicable surcharges, and industrial cost recovery charges. Each user within the service area shall pay its proportionate share of Operation & Maintenance (O&M) and replacement expense. For those unmetered services, the total sewer charge shall consist of the minimum charge plus the flat charge. Extraneous flows (I/I) are evenly distributed among all users.
J. 
Billing periods. The debt charge, user charge, industrial surcharge and ICG payment portions of the service charges provided in this section shall be included as separate items by the City. The bill will be payable in accordance with the schedule established by the City. These bills are normally payable in four quarterly payments each year.
K. 
Due date. All portions of the service charges shall be payable at the time the bill for the same is issued.
L. 
Late penalties. Charges levied in accordance with this section shall be a debt due to the City and shall be a lien upon the property. If this debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent, and a 3% charge added. This debt may then be recovered by civil action in the name of the City against the property owner, the person or both. If delinquent payments are not received by November 1st of the calendar year, a 10% charge shall be added to delinquent bills. Thereafter, if payment is not received prior to November 15, the delinquent bill will be forwarded to the county for placement on the succeeding tax roll.
M. 
Failure to pay; removal or closure of connection; restoration of service, when.
(1) 
In the event of failure to pay sewer service charges after they become delinquent, the City shall have the right to remove or close sewer connections and enter upon the property for accomplishing such purposes.
(2) 
The expense of such removal or closing, as well as the expense of restoring service, shall likewise be a debt to the City and a lien upon the property, and may be recovered by civil action in the name of the City against the property owner, the person, or both.
(3) 
Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, shall have been paid.
(4) 
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
N. 
Audit of general account. The City shall conduct an annual audit, the purpose of which shall be to maintain the proportionality and adequacy of the sewer service charge relative to changing system operation, maintenance and debt service costs.
O. 
Audit of industrial cost recovery account. The City shall conduct an annual audit of the separate industrial cost recovery account, if and when it is established, to ensure that proportionate and adequate payments are being made by industries to the City and by the City to the Federal Treasury.
A. 
Written notice required. Any person found to be violating any provision of this article, except § 445-24J shall be served by the City with a written notice stating the nature of the violation, and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Accidental discharge into sewers. Any person found to be responsible for accidently allowing a deleterious discharge into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a forfeiture, pay the amount to cover damages as established by the approving authority.
C. 
Continued violations. Any person, partnership or corporation, or any officer, agent or employee thereof, who shall continue any violation beyond the notice time limit provided in this section shall, upon conviction thereof, forfeit not more than $500 together with the costs of prosecution. In default of payment of such forfeiture and cost, the violator shall be imprisoned in the county jail for a period not to exceed 30 days. Each day in which any violation is continued beyond the notice time limit shall be deemed a separate offense.
D. 
Liability for expenses, loss or damage. Any person violating any provisions of this article shall become liable to the City for any expense, loss or damage occasioned by reason of such violation, which the City may suffer as a result thereof.
E. 
Right to reject connections. The City reserves the right to reject connections to the system if downstream facilities do not have adequate capacity.
F. 
Right to enter premises. The City reserves the right to enter premises of any user to sample and/or inspect.