Village of Dresser, WI Dresser Sewer Utility

Purpose, use of revenues, charges and fees, installation regulations.

This subchapter regulates the use of public and private sewers and drains, disposal of holding tank wastes into public sewers, and the discharge of waters and wastes into the public sewerage systems within the Village.

This subchapter also provides for and explains the method used for levying and collecting wastewater treatment service charges and industrial cost recovery charges, sets uniform requirements for discharges into the wastewater collection and treatment system and enables the Village to comply with administrative provisions, water quality requirements, toxic and pretreatment effluent standards and any other discharge criteria which are required or authorized by the State or Federal law. Its intent is to derive the maximum public benefit by regulating the characteristics of wastewater discharged into the Village sewerage system.

This subchapter provides a means for determining wastewater volumes, constituents and characteristics, the setting of charges and fees and the issuing of permits to certain users.

Revenues derived from the application of this subchapter shall be used to defray Village costs of operating and maintaining adequate wastewater collection and treatment systems and to provide sufficient funds for capital outlay, bond service costs, and capital improvements.

The charges and fees herein have been established pursuant to the requirements of this subchapter and applicable Wisconsin Statute. If there is any conflict between this subchapter and any applicable statute, the statute shall be controlling.

Definitions. For the purpose of this section, the following words and terms shall have the meaning set out below unless the context specifically indicates otherwise.

BILLABLE FLOW — The total of the metered and estimated volume of water from users of the wastewater collection system.

BIOCHEMICAL OXYGEN DEMAND (BOD) — The quantity of oxygen utilized in the biological oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter or pounds.

BOARD or VILLAGE BOARD — The duly elected members of the Village Board.

BUILDING SEWER — That portion of the sanitary sewer beginning at the immediate outside of the foundation wall of any building being served to its connection with a sewer lateral provided by the community that connects the building sewer to the community sewer or interceptor.

CHEMICAL OXYGEN DEMAND (COD) — A measure of the oxygen-consuming capacity of inorganic and organic matter present in wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidation in a specific test and measured in mg/L.

COMMERCIAL WASTEWATER — Waste water of domestic strength discharging from a place of business as distinct from industrial wastewater.

(g)

COMPATIBLE POLLUTANT — The biochemical oxygen demand, suspended solids, pH or fecal coliform bacteria, plus additional pollutants identified in a Wisconsin Pollutant Discharge Elimination System (WPDES) permit. Wastewater treatment plants are designed to treat and substantially remove such pollutants.

(h)

COMPOSITE SAMPLE — A sample consisting of portions of a waste taken over a time period in proportion to the volume of flow of such water.

(i)

COOLING WATER — The water discharged from any use, such as air conditioning, cooling or refrigeration, during which the only added pollutant is heat.

(j)

COSTS: OPERATION AND MAINTENANCE — Expenditures for the wastewater collection and treatment facilities to provide the performance for which they were constructed.

(k)

COSTS: REPLACEMENT — Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the wastewater facilities to maintain the capacity and performance for which such facilities were designed and constructed.

(l)

DOMESTIC WASTEWATER — Water-carried wastes in the amount of approximately 50 gallons per capita per day containing approximately 250 mg/L, BOD₅, approximately 270 mg/L suspended solids, and approximately 10 mg/L phosphorous consistent with that emanating from a typical household.

(m)

FEDERAL ACT — The Federal Water Pollution Control Act (33 U.S.C. s. 1151 et seq.) and Public Law 84-660, as amended by the Federal Water Pollution Control Act amendments of 1972 (Public Law 92-500) and Public Law 92-243, or any subsequent amendments, or as implemented by Ch. 283, Wis. Stats., or appropriate sections of the Wisconsin Administrative Code adopted pursuant to Ch. 283, Wis. Stats., as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the Act.

(n)

FLOATABLE OIL — Any oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and does not interfere with the collection system.

(o)

GARBAGE — The solid wastes from the domestic and commercial preparation, cooking, and dispensing of food; and from the handling, storage, and sale of food.

(p)

HOLDING TANK WASTE — Those wastes originating from holding tanks, such as septic tanks, chemical toilets, campers, trailers, and vacuum-pump tank trucks.

(q)

INCOMPATIBLE POLLUTANT — Any pollutant which is not a compatible pollutant.

(r)

INDUSTRIAL DISCHARGE — Any waterborne solids, liquids, or gaseous wastes, other than domestic wastewater, resulting from, discharging, flowing, or escaping from any industrial user defined herein.

(s)

INDUSTRIAL USER — Any user defined in CFR Title 40, Section 35.905-8, who has an industrial discharge.

(t)

INTERCEPTING SYSTEM — Any sanitary sewer built or acquired by the Village.

(u)

MAJOR INDUSTRIAL CONTRIBUTOR — An industrial user that has a discharge flow which:

Is greater than 10,000 gallons or more per average work day; or,

Is greater than 5% of the total flow rate or design-compatible pollutant loading received at the municipal wastewater treatment plant; or,

Contains a material included on a list of toxic pollutants as defined in § 283.21(1), Wis. Stats., or US 40 CFR 401.15; or

Contains a waste which the Department of Natural Resources or the Village has found to have significant impact, either singularly or in combination with other contributing industries, on the wastewater facilities or upon the effluent from such facilities.

(v)

PRETREATMENT STANDARDS — All applicable rules and regulations contained in the Code of Federal Regulations, as published in the Federal Register, under Section 307 of Public Law 92-500, now in effect or as amended from time to time.

(w)

PROPERLY SHREDDED GARBAGE — The waste from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

(x)

PUBLIC SANITARY SEWER, SEWERAGE SYSTEM, OR SEWERAGE FACILITIES — A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, or institutions through municipally owned structures, conduits and pipelines by which wastewater is collected, transmitted, treated and discharged, including the wastewater treatment works. This does not include internal plumbing and the equipment and connection between the service lateral at the right-of-way and the building foundation.

(y)

PUBLIC WORKS COMMITTEE — Those citizens appointed to the Public Works Committee by the Village board.

(z)

PUBLIC WORKS EMPLOYEE — The designated agent or representative of the Village who shall be in charge of the discharge control program and the enforcement of this subchapter.

(aa)

RESIDENTIAL USER — Those places which are connected to the wastewater collection system as distinct from industrial or commercial wastewater.

(bb)

SERVICE CHARGE, DEBT — A charge levied on users of wastewater collection and treatment facilities for the cost of repaying money borrowed to construct such facilities.

(cc)

SEWAGE — A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.

(dd)

STANDARD METHODS — The examination and analytical procedures set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, as prepared, approved and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation, and in compliance with Federal regulation 50 CFR 136, Guidelines Establishing Test Procedures for Analysis of Pollutants.

(ee)

STORMWATER — Any flow occurring during or immediately following any form of natural precipitation (rain, snow melt, etc.) and resulting therefrom.

(ff)

SURCHARGE — The additional charge levied on users discharging wastewater in excess of the discharge limits as defined herein.

(gg)

SUSPENDED SOLIDS (SS) — Total suspended matter that either floats on the surface of or is in suspension in water, wastewater, or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods and referred to as "nonfilterable residue."

(hh)

UNPOLLUTED WATER — Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

(ii)

USER CHARGE — A charge levied on users of wastewater facilities for the user's proportionate share of the cost of operation and maintenance, including replacement, of such facilities.

(jj)

USER CHARGE SYSTEM — A system based on estimated use of wastewater treatment services where each user pays its proportionate share of operation and maintenance, including replacement costs of treatment works within the service area, based on the user's proportionate contribution to the total wastewater loading from all users. To insure a proportional distribution of operation and maintenance costs to each user, the user's contribution shall be based on factors such as strength, volume, and delivery flow rate characteristics.

(kk)

USERS — Those residential, commercial, institutional, and industrial establishments which are connected to the public sewer collection system.

(ll)

WASTEWATER SERVICE CHARGE — The fee levied on users of a sanitary sewer to maintain said collection, pumping, and treatment facilities in operational condition. The total of the charges for debt service, operation and maintenance, and equipment replacement costs.

(mm)

WASTEWATER SYSTEM — All publicly owned structures, equipment, and processes designed to collect, carry and treat domestic wastewater and industrial discharges.

(nn)

WASTEWATER TREATMENT PLANT — Any arrangement of devices and structures for treating domestic wastewater and industrial discharges. The term is sometimes used as synonymous with "wastewater treatment" or "wastewater treatment works" or "water pollution control works."

"May" is permissive; "shall" is mandatory.

13.22 Connection to waste water system.

All property owners whose property is reasonably accessible to sewer mains constituting a part of the sanitary sewer system shall use such sewer service unless requirement for such connection is expressly waived by resolution of the Village Board. The cost of lateral pipes to buildings so connected shall be paid by the property owners.

Connection of a building sewer to a public sewer. Applications for permission to connect a building sewer directly to an intercepting sewer shall be made, in writing, to the Village by a duly licensed master plumber as authorized by the owner or operator of the premises for which such connection is desired.

There shall be two classes of connection permits:

Residential and commercial.

Industrial.

The application shall include a statement giving the exact location of the premises, the purpose for which the connection is to be used, the time when the work is to be done and any other information that may be required by the Village, together with an agreement by the owner and the licensed master plumber that they will be bound by and subject to the lawful rules and regulations of the Village Board and shall pay any necessary connection charges.

A nonrefundable permit fee for a residential or commercial user and for an industrial user, as set by resolution of the Village Board from time to time, shall be paid to the Village upon filing the application.

Upon approval of the application, the Village will issue a permit granting the right to make the connection and specifying special conditions which must be met prior to connection. The installation of the building sewer shall not commence or continue without the required connection permit being on the premises and in the hands of the licensed master plumber or one employed by him or her.

Each building sewer to be connected to an intercepting sewer shall be inspected by the Public Works employee employed by the Village or his representative at the time of connection.

(4)

After hookup, any pre-existing septic system shall be abandoned in accordance with. § 281.45, Wis. Stats., and Wis. Adm. Code COMM 83.

13.23 Waste water service charges.

Charges established. Wastewater service charges are established or all users of the wastewater system in accordance with the schedule adopted by resolution of the Village Board.

Minimum quarterly charge. The minimum quarterly wastewater service charge shall be established by resolution of the Village Board.

Quarterly billings. Each user shall be notified, at least annually, in conjunction with a regular bill, of the wastewater service charge and that portion of the user charges which are attributable to wastewater treatment services. Wastewater service charges shall be billed every three months after the end of each calendar quarter.

(4)

Users on municipal water.

The wastewater service charge levied for those units on municipal water which discharge sewage to the wastewater collection system shall be based on the volume of water used as measured by municipally installed water meters.

The quarterly charge shall be due and payable for each calendar quarter at the same time and in the same manner as the water billings.

Commercial, industrial, residential, and public customers shall be charged based on metered or actual water usage in each quarter.

(5)

Users on a private water supply. For those units on a private water supply which discharge sewage to the wastewater collection system, the wastewater service charge shall be based on the average rate charged for like customers having a similar classification within the Village for the same quarterly billing period.

(6)

Seasonal water users. The wastewater service charge for units whose water usage is seasonal in nature shall be based on the actual water usage for each current billing quarter.

(7)

Computation of charges. Users of the wastewater system shall be charged based on actual use or estimates of use. The wastewater service charge shall consist of charges for collection system operation and maintenance; debt service on the existing wastewater treatment system, pumping station operation and maintenance; debt service on the pumping station and transmission main, equipment replacement and wastewater services provided by Osceola, plus surcharges as applicable. Charges shall be computed and levied as follows:

The collection system operation and maintenance charge shall be computed by dividing the estimated annual cost for collection system operation and maintenance by the billable flow.

The debt service charge on the existing wastewater treatment facility shall be computed by dividing the annual debt service charge of the outstanding loan by the billable flow.

The wastewater pumping station operation and maintenance charge shall be computed by dividing the estimated annual cost for operation and maintenance of the pumping station by the billable flow.

The debt service charge for the wastewater pumping station and transmission main shall be computed by dividing the annual debt service charge of the outstanding loan by the billable flow.

The Osceola wastewater charge is composed of an operation and maintenance charge and a depreciation charge. The operation and maintenance charge is computed by dividing the annual charge for operation and maintenance from Osceola by the billable flow. The depreciation charge is computed by dividing the annual charge for depreciation from Osceola by the billable flow. These charges are levied to Dresser as established in the Intergovernmental Agreement between Dresser and Osceola.

A surcharge equal to that surcharge levied by the Village of Osceola at the time the wastewater is discharged shall be levied on all users of the wastewater collection system whose wastewater exceeds the normal concentrations of domestic wastewater. For purposes of such calculation, normal concentrations of domestic wastewater means that which contains a maximum concentration of BOD₅ of 250 mg/L, Total Suspended Solids of 270 mg/L, Phosphorous of 10 mg/L, Ammonia of 25 mg/L, Chlorides of 180 mg/L, and COD of 500 mg/L. All users shall pay, as a minimum, the same rate per volume as that paid by residential users. An additional charge shall be paid by each user that discharges any pollutants which exceed the levels described above or which cause an increase in the cost of treating the effluent or disposing of the sludge. The amount of surcharge shall be determined based on the following formula:

Cs 8.34*Vu* (B_cB + S_cS + P_cP + A_cA + Cl_cCL + COD_cCOD)

Where:
	Cs	=	amount of surcharge (always greater than zero)
	Vu	=	wastewater volume for the billing period in millions of gallons
	B_c	=	unit operating cost attributable to BOD₅
	B	=	BOD₅ discharge concentration minus 250 mg/L
	S_c	=	unit operating cost attributable to total suspended solids
	S	=	total suspended solids discharge concentration minus 270 mg/l
	P_c	=	unit operating cost attributed to phosphorous
	P	=	Phosphorous discharge concentration minus 10 mg/L
	A_c	=	unit operating costs attributable to Ammonia
	A	=	Ammonia discharge concentration minus 25 mg/L
	Cl_c	=	unit cost attributable to Chlorides
	Cl	=	Chlorides discharge concentration minus 180 mg/L
	COD_c	=	unit operating cost attributable to COD
	COD	=	COD discharge concentration minus 500 mg/L

(8)

Deleterious wastes. No sewage, including industrial wastes, shall contain any substance which is deemed deleterious to the operation of the sewage system by the Village Board or Public Works Committee. Any sewage system user who discharges, either by continuous or periodic discharge, any deleterious substances into the sewage system, shall discontinue such discharge within 24 hours of receipt of written notice from the Public Works Committee or the Village Board.

(9)

Wastewater metering. Any person who, or industry which, discharges industrial wastes into the Village sewage system may be required by the Village to install metering devices to regulate or measure such discharges together with flow meters and sampling equipment therefore, and any such installation shall be at the expense of such person or industry. All expenses incurred in connection with the installation, operation, maintenance, replacement, or repair of such metering devices and structures and related equipment shall be borne by such person or industry. All such metering devices and structures and related equipment shall be subject to regular periodic inspection by the Public Works employee, Village Engineer, or other designated representative of the Village Board at any time that discharge is occurring. Installation, replacement, or repair of such metering pits, samplers, and flow meters may be required by written notice of the Public Works Committee or Village Board and such installation, replacement, or repair shall be completed within the time specified in the notice. Such pits and equipment shall be subject to approval by the Village Board and/or Village Engineer as to adequacy of design and sampling capability prior to installation thereof.

(10)

Penalties.

Any bill not paid 20 days after date of billing shall be declared delinquent and a past due notice shall be issued to the billed party. The past due notice shall contain an additional charge to cover the costs of rebilling.

Any sewerage charges not paid when due shall be collected in the manner provided in § 66.0809(3) and 66.0821(4)(d), Wis. Stats., and levied as a tax against the premises at the time specified in such statutes.

The Village Board reserves the right to revoke discharge permits and to disconnect service to any user whenever wastewater treatment or surcharge bills become delinquent.

Any person who shall violate this section, or who shall fail to comply with notice given under subs. (8) or (9) above, shall be subject to a penalty as provided in sec. 13.25(11) below. Any person who shall violate this section shall, in addition to a forfeiture, be liable at the suit of the Village, for the cost of removing any obstruction or material, or repairing any injury or damage to the wastewater system.

(11)

Accounting.

The Village Board will review the wastewater contributions of its users and adjust its revenue system to cover actual costs at such times as are deemed necessary by the Village or as directed by an audit of the Village accounts.

The Village Board will maintain the proportionate distribution of operation, maintenance, and replacement costs among users and user classes.

Sufficient revenues will be generated by this section to pay operation, maintenance, and replacement costs for the wastewater system.

All user charges specifically collected for replacement equipment shall be deposited in a separate replacement fund which shall be used exclusively for replacement.

Any user discharging toxic pollutants shall pay for any increased operation, maintenance, or replacement costs caused by the toxic discharge.

Users will be notified annually of the portion of user charges attributable to wastewater treatment services.

(g)

The Village shall maintain and keep proper books of records and accounts, separate from all other records and accounts, in which shall be made full entries of all system transactions.

(h)

The Village Board may apply excess revenues collected from a user class to costs attributable to that class for the following year.

13.24 New service hookup charge.

Each applicant for initial sewer service shall pay a hookup charge for the cost of the connection of the lateral to the sewer main based upon the following criteria:

	Cost for Wastewater Treatment Plant Upgrade Increased Capacity for New Users Value of Increased Capacity Anticipated New Hookups Over 20 Years Value of Increased Capacity per Anticipated Hookup	$2,101,132.05 58.9% $1,237,566.78 220 $5,625.30
	All values are based on 2004 dollars

The Village Board may, from time to time, establish the amount of the hookup charge by resolution which such charge will remain in effect therein until the Board revokes or changes the value of the charge.

13.25 Deposit of waste; prohibited and limited discharges; special agreements.

No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village or in any area under the jurisdiction of the Village any human or non-farm-animal excrement, garbage of other objectionable waste.

No person shall discharge to any natural outlet within the Village or in any area under the jurisdiction of the Village any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this subchapter or under the provisions of the public health laws of the State.

Prohibitions on wastewater discharges. No person shall discharge or cause or allow to be discharged into the Village sewerage facilities or any connected treatment facilities any waste which contains any of the following:

Oils and grease. Fats, wax, grease or oils of more than 100 milligrams per liter, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.) at the point of discharge into the system.

Explosive mixtures. Liquids, solids or gases which, by reason of their nature or quantity, are sufficient to cause fire or explosion or be injurious in any other way to the sewerage facilities or to the operation of the system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the sewer system, be more than 5% nor any single reading over 10% of the lower explosive limit of the meter. Prohibited materials include, but are not limited to: gasoline, diesel, fuel oil, kerosene, naphtha, benzene, toluene, xylenes, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchiorates, bromates, carbides, hydrides, and sulfides.

Noxious material. Noxious or malodorous solids, liquids or gases which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer or its maintenance and repair.

Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than 1/2 inch in any dimension.

Radioactive wastes or isotopes. Radioactive wastes or isotopes of such half-life or concentration that they are in noncompliance with regulations issued by the appropriate authority having control over their use and which could cause damage or hazards to the sewage facilities or personnel operating the system.

Solid or viscous wastes. Solid or viscous wastes which could cause obstruction to the flow in a sewer or other interference with the proper operation of the sewerage facilities. Prohibited materials include, but are not limited to: grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, glass clippings, rage, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil and similar substances.

(g)

Excessive discharge rate. Wastewaters at a flow rate which is excessive relative to the capacity of the treatment works and which would cause a treatment process upset and subsequent loss of treatment efficiency of wastewaters containing such concentrations or quantities of pollutants that their introduction into the treatment works over a relatively short time period would cause a treatment process upset and subsequent loss of treatment efficiency.

(h)

Toxic substances. Any toxic substances, chemical elements or compounds, phenols or other taste- or odor-producing substances or any other substances which may interfere with the biological processes or efficiency of the treatment works or that will pass through the treatment works or which, either singly or by interaction or in combination with other wastes, will injure or interfere with any waste treatment process, constitute a danger to humans, flora or fauna, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.

(i)

Unpolluted water. Any unpolluted water, including, but not limited to, stormwater origin, which will increase the hydraulic load on the sewerage facilities.

(j)

Discolored materials. Wastes with objectionable color which cannot be removed by the treatment process.

(k)

Corrosive wastes. Any waste which will cause corrosion or deterioration of the sewerage facilities. All wastes discharged to the public sewer system must have a pH value of greater than six and less than nine. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products.

(4)

Limitations on wastewater discharges.

General limitations on the discharge of pollutants. No person shall discharge or convey to the public sewer any wastewater containing pollutants of such character or quantity that will:

Not be amenable to treatment or interfere with the sewerage facilities.

Constitute a hazard to human or animal life or to the stream or watercourse receiving the treatment plant effluent.

Violate the federal pretreatment standards.

Cause the Village of Osceola treatment plant to violate its WPDES permit or applicable receiving water standards.

Specific limitations on the discharge of pollutants. The following are the maximum concentrations of those specified pollutants allowable in wastewater discharge to the sewerage facilities. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this subchapter.

	Pollutant	Concentration (milligrams per liter)
	Ammonia	480
	Arsenic	0.10
	Cadmium	0.50
	Chromium (Hexavalent)	0.50
	Chromium (Total)	1
	Chloride	180
	Copper	1
	Cyanide	0.10
	Lead	0.10
	Manganese	10
	Mercury	0.10
	Nickel	1
	Phosphorous	10
	pH (range)	6.0-9.0
	Silver	5
	Sulfate	1,500
	Total Suspended Solids	270
	Zinc	1
	Temperature	Not over 150° F.

Special agreements. Nothing contained in this subchapter shall prevent any special agreements between the Village and users of the sewerage facilities whereby a wastewater of unusual strength or character shall be accepted into the system, subject to any payments as may be agreed upon by the two parties.

Limitations related to oxygen demand. No person shall discharge any wastewaters to the public sewerage system which exceed the following limits:

Chemical oxygen demand (daily maximum): 600 milligrams per liter.

Chemical oxygen demand (monthly average): 500 milligrams per liter.

Biochemical oxygen demand (daily maximum): 450 milligrams per liter.

Biochemical oxygen demand (monthly average): 250 milligrams per liter. Discharges in excess of the monthly average may be subject to a fee for additional treatment.

(5)

Violations and penalties. Any person who shall violate this section, shall be subject to a penalty as provided in sub. (11) below. Any person who shall violate this section shall, in addition to forfeiture, be liable at the suit of the Village, for the cost of removing any obstruction or material, or repairing any injury or damage to the wastewater system.

(6)

Control of prohibited wastes; accidental discharges.

Regulatory actions. If wastewaters containing any substance described in subs. (3) and/or (4) above are discharged or proposed to be discharged into the sewer system of the Village or to any sewer system tributary thereto, the Village shall take any action necessary to:

Reject the wastes.

Require a discharger to demonstrate that inplant modifications will eliminate the discharge of such substances to a degree acceptable to the Village.

Require pretreatment at the expense of the discharger, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations. Pretreatment facilities shall be operated by qualified personnel licensed by the Department of Natural Resources. If the Environmental Protection Agency establishes requirements for sampling, all sampling shall be done in accordance with such requirements.

Require the person or local government unit making, causing, or allowing the discharge to pay any added cost of handling and treating excess loads imposed on the sewerage facilities.

Take such other remedial action desirable or necessary to achieve the purpose of this subchapter, including, but not limited to, assessing penalties as identified in sub. (11) below.

Submission of plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of its sewerage facilities is required by the Village, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall be submitted to the Village for review and approval. Approval shall in no way exempt the discharge or the facilities from compliance with any applicable code, ordinance, rule, or regulation of any governmental unit or the Village. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without notice to and approval of the Village.

Pretreatment facilities operation. If pretreatment or control of waste flows is required, such facilities shall be effectively operated within an applicable wastewater limitation and maintained by the owner at his or her expense, subject to the requirements of this subchapter and all other applicable codes, ordinances, and laws.

Admission to property. Whenever it is necessary, for the purposes of this subchapter, the Public Works employee or his designated agent may immediately enter upon any property, upon presentation of his credentials, for the purpose of obtaining information or conducting surveys or investigations. Entry shall normally be made during daylight or operating hours. However, the Public Works employee reserves the right to enter the property at any hour of any day he deems necessary as a result of abnormal or emergency circumstances.

Reporting of accidental discharges. If an accidental discharge or prohibited or regulated pollutants to the sewerage facilities should occur, the industrial facility responsible for such discharge shall immediately notify the Public Works employee so that corrective action may be taken to protect the sewerage facilities. In addition, a written report addressed to the Public Works employee, detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge, and corrective action taken to prevent future discharges shall be filed by the responsible industrial facility within five days of the occurrence of the accidental discharge.

(7)

Industrial wastewater sampling analysis.

Basis of compliance determination.

Type of sample. Compliance determination with respect to this subchapter, prohibitions and limitations may be made on the basis of either instantaneous grab samples or a composite sample of industrial wastewater, at the discretion of the Public Works employee. Composite samples shall be taken over a twenty-four hour period or over a longer or shorter duration of time as determined by the Public Works employee to meet the needs of specific circumstances.

Control manhole. Where required by the Village, industrial dischargers shall install a suitable control manhole, together with such necessary samplers, meters, recorders and other appurtenances, to adequately sample and measure the wastes discharged. The control manhole shall be constructed and operated so as to permit accurate sampling and flow measurements of all wastes discharged. Where conditions do not permit measurements of all discharges from one industrial facility at a single control manhole, multiple control manholes shall be provided. The control manhole shall be located so as to permit unrestricted access by the Village representative, provide sufficient space for storage of samples and equipment, and allow for accurate sampling, the control manhole shall be situated on the discharger's premises, but the Village may, when such a location would be impractical or cause undue hardship on the discharger, allow the control manhole to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. If the control manhole is located within the discharger's fence, there shall be accommodation to allow for access by Village personnel, such as a gate secured with a Village lock. Construction of such facility must be completed within 60 days after the user has been notified of the requirement.

Analysis of industrial wastewaters. Laboratory analysis of industrial wastewater samples shall be performed in accordance with the current edition of Standard Methods, Methods for Chemical Analysis of Water and Waste, published by the United States Environmental Protection Agency, or the Annual Book of Standards, Part 32, Water, published by the American Society for Testing and Materials. Analysis of those pollutants not covered by these publications shall be performed in accordance with procedures established by the Village.

Cost of sampling and analysis. Costs incurred in connection with the sampling and analysis performed for the purpose of compliance determination with respect to this subchapter, prohibitions and limitations will be paid by the discharger.

Reporting requirements. The Village may require a user to provide information concerning, but not limited to:

Volume, time, and peak rate of discharges.

Chemical analysis of discharges.

Raw materials, processes, and products relevant to the discharge characteristics of the wastewater.

Discharges of specific wastes, such as sludge, oil, solvent, or other incompatible pollutants.

Plot plans of sewers on the user's property showing the location of sewers, monitoring facilities and pretreatment facilities.

Details of pretreatment facilities. Details of systems to prevent losses of materials through spills to the municipal sewers.

Reporting.

Each significant industrial contributor shall submit to the Village by March 15 each year a report on the quality and quantity of his or her industrial discharges. The report shall be a copy of the form required by Wis. Adm. Code Ch. NR 101 and shall contain, at least, analyses for compatible pollutants (e.g., BOD, TSS, and pH) and for all incompatible pollutants listed in this subchapter, unless the contributor has obtained specific exemption from reporting certain constituents.

If any significant industrial contributor discharges incompatible pollutants which require pretreatment prior to discharge to the public sewerage system, the quality and quantity of the discharge shall be reported to the Village quarterly by March 15, June 15, September 15, and December 15.

The reporting period shall not include the 30 days preceding the day that the report is due. All analyses should be done on representative twenty-four-hour composite samples taken during a typical operating day.

Test methods. All measurements and test analyses of the characteristics of wastewater shall be determined in accordance with Standard Methods. Alternate methods of analysis may be used, subject to prior written approval of the Public Works employee or the Village Engineer.

(8)

Industrial discharge permit system.

Wastewater discharge permits. Any existing or future major contributing industries proposing to connect, reconnect, or to discharge into any Village sewer shall complete and submit a discharge permit in a form that is obtained from the Village.

Permit application.

Users seeking a wastewater discharge permit shall complete and file with the Village Board an application on the form prescribed by the Village Board and accompanied by the applicable fee. In support of this application, the user shall submit the following information:

Name, address, and standard industrial classification (SIC) number of applicant.

Volume of wastewater to be discharged.

Wastewater constituents and characteristics, including, but not limited to, those mentioned in this subchapter, as determined by the laboratory approved by the Village.

Time and duration of discharge.

Average and 15 minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.

Site plans, flood plans, mechanical and plumbing plans and details to show all sewer and appurtenances by size, location and elevation.

Description of activities, facilities, and plant processes on the premises, including all materials and types of materials which are, or could be, discharged.

Number of employees and hours of work.

Any other information deemed by the Manager to be necessary to evaluate the permit application.

The Village Board shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Village Board shall issue a wastewater discharge permit subject to terms and conditions provided herein.

Permit conditions. Wastewater discharge permits shall be subject to all provisions of this subchapter and all other regulations, user charges and fees established by the Village. The conditions of wastewater discharger permits shall be uniformly enforced by the Village Board in accordance with this article and applicable State and Federal regulations. Permit conditions shall include the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer system.

The average and maximum wastewater constituents and characteristics.

Limits on rate and time of discharge or requirements for flow regulation and equalization.

Requirements for installation of inspection and sampling facilities.

Pretreatment requirements.

Requirements for maintaining plant records relating to wastewater discharges specified by the Village and affording the Village access thereto.

Mean and maximum mass emission rates of other appropriate limits when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.

Sampling frequency reporting, frequency and sample type.

Reporting any increase in flow or load. Such increase shall be allowed only with prior approval by the Village Board.

10.

Other conditions as deemed appropriate by the Village to ensure compliance with this subchapter.

Duration of permits. Permits shall be issued for a specified time period, not to exceed one year, and may be stated to expire on a specific date. If the user is not notified by the Village 15 days prior to the expiration of the permit, the permit shall automatically be extended for 12 months. The terms and conditions of the permit may be subject to modification and change by the Village during the life of the permit, as limitations or requirements as identified in this chapter are modified and changes. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Transfer of a permit. No permit shall be transferred or reassigned.

Revocation of a permit. Any user who violates the following conditions of the permit or this subchapter or applicable State and Federal regulations is subject to the permit revoked. Violations subjecting a user to possible revocation of the permit include:

Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge.

Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

Refusal of reasonable access to the user's premises for purposes of inspection of monitoring.

Violation of conditions of the permit.

(9)

Enforcement.

Notification of noncompliance, either oral or written notice. Any person found in noncompliance with this subchapter or with any prohibition, limitation or requirement contained herein shall be served by the Village Board with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof

Notification of violation. Any person found in violation of this subchapter or of any prohibition, limitation or requirement contained herein shall be served by the Village Board with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof

Show cause hearing. If those efforts have been unsuccessful, the Village Board shall order any person who causes or allows an unauthorized discharge to show cause before the Board why such discharge should not be discontinued. A notice shall be served on the offending party specifying the time and place of a hearing to be held by the Board regarding the violation and directing the offending party to show cause before the Board why an order should not be made directing the discontinuance of such discharge. The notice of hearing shall be served personally or by registered or certified mail at least 10 days before the hearing. Service may be made on any agent or officer of a corporation. The Board may conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Village Engineer's office to:

Issue, in the name of the Village, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board or engineering staff for action thereon. At any public hearing, testimony taken before the Board or any person designated by it must be under oath and recorded stenographically. A record of the transcript will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore. After the Village has reviewed the evidence, it may issue an order to the party responsible for the discharge directing that, within a specified time period, the discharge be discontinued, unless adequate treatment works, facilities or devices shall have been installed or have been and are properly operated, and any other such orders as the Village deems necessary.

Court proceedings. A violation of an order of the Village shall be considered a nuisance. If any person discharges sewage, industrial wastes, or other wastes into the sewerage facilities under the jurisdiction of the Village contrary to any order, the President or the Clerk-Treasurer may commence an action by proceeding to the Circuit Court for the County of Polk for the purpose of having the discharge stopped either by mandamus or injunction.

(10)

Falsification of information. No person shall knowingly make any false statement, representation, record, report, report, plan or other document filed with the municipality or falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this subchapter. Any person who violates this provision shall be subject to the penalties imposed under this chapter.

(11)

General penalties. Whenever so provided in this subchapter, any person who shall violate any provisions of this subchapter shall, upon conviction of such violation, be assessed a penalty which shall include those daily penalties listed in pars (a) or (b) below, as appropriate, and those reasonable costs as may be incurred on behalf of the Village regarding this violation by the Village Attorney and/or Engineer.

First offense. Penalty: any person, who shall violate any provision of this subchapter, subject to a penalty, shall forfeit not less than $300 per day for each day that the circumstances constituting a violation are not reported, addressed, or corrected.