A.
This article is based upon the model septage disposal
regulation developed by the Wisconsin Department of Natural Resources pursuant
to the legislative mandate of § 281.49, Wis. Stats.
B.
This article regulates the disposal and each disposer
of on-site waste as defined herein. It provides for acceptance of on-site
waste into the City of Lodi wastewater treatment works and it provides a means
for determining volumes, constituents and characteristics of that waste, the
setting of applicable charges and fees, and the issuing of a City of Lodi
approval and permit to certain licensed disposers. Revenues derived from the
application of this article shall be used to defray City of Lodi costs of
operating and maintaining adequate collection and treatment systems and of
administering this article.
C.
If there is any conflict between this article and any applicable Wisconsin Statute, the statute shall be controlling. This article is intended and shall be construed to be consistent with Article I of this chapter adopted the same date as this article.
D.
Because the City of Lodi, by accepting on-site waste,
assumes all risk for treatment and meeting its WPDES permit, the City of Lodi
reserves the absolute right to immediately discontinue acceptance of on-site
waste for operational and permit reasons.
E.
All City of Lodi approvals and permits for on-site waste
disposal shall be conditionally issued, the condition being that any time
the City of Lodi wastewater treatment works has any operational problem, maintenance
problem, or threat of WPDES permit violation that is indirectly or directly
related in whole or part to on-site waste disposal, the City of Lodi may immediately
restrict or discontinue on-site waste disposal until such time as corrective
action or mitigative measures have been taken.
F.
Wherever reference is made herein to any state statute,
state or federal administrative regulation, or City of Lodi ordinance, such
reference shall refer to such statute, regulation or ordinance and any future
amendments thereto.
C. COMPATIBLE POLLUTANTS INCOMPATIBLE POLLUTANTS HOLDING TANK WASTE LICENSED DISPOSER ON-SITE WASTE ON-SITE WASTE DISPOSAL ON-SITE WASTE DISPOSER PARTS PER MILLION (ppm) SEPTAGE SEPTAGE DISPOSAL WASTEWATER SERVICE AREA
The following definitions are applicable to this article:
Biochemical oxygen demand, suspended solids, phosphorus, or pH, plus
additional pollutants identified in the WPDES permit issued to City of Lodi,
if City of Lodi treatment facilities were designed to treat such additional
pollutants to a substantial degree.
Wastewater or septage with pollutants that will adversely affect
or disrupt the wastewater treatment process or effluent quality or sludge
quality or treatment process air emissions if discharged to the City of Lodi
wastewater treatment works.
Any waste coming from a holding tank, vault toilet, portable toilet
or soil absorption field.
A person holding a license under § 281.48(3), Wis. Stats.
Any discharge of on-site waste to the City of Lodi wastewater treatment
works.
Any person who discharges on-site waste to the City of Lodi wastewater
treatment works.
A mass-to-mass ratio; the parts per million value multiplied by a
factor of 8.34 (the weight of water) shall be equivalent to pounds per million
gallons of water. For billing purposes, ppm times 8.34 (the weight of water)
times total volume expressed in million gallons equals billable pounds of
waste.
Scum, liquid, sludge or other waste from a septic tank or privy.
This does not include the waste from a grease trap. (§ 281.49, Wis.
Stats.)
Any discharge of septage to the City of Lodi wastewater treatment
works.
The wastewater service area shall be all of the City of Lodi and
Town of Lodi and that part of the Town of West Point lying to the east and
north of the following described roads: Schoepp Road, Highway 60 between Schoepp
and O'Connor Roads, O'Connor Road, Highway J between O'Connor Road and East
Harmon Road, East Harmon Road, Highway 188 between East Harmon and Rausch
Road, and Rausch Road (otherwise described as that portion of the Town of
West Point lying within the Lodi Area Fire District).
B.
No on-site waste disposer shall:
(1)
Discharge to the City of Lodi wastewater treatment works
without first obtaining written approval and permit from City of Lodi.
(2)
Receive City of Lodi approval and permit who is not a
licensed disposer.
(3)
Discharge to the City of Lodi wastewater treatment works
without a valid, unexpired approval and permit from City of Lodi.
C.
On-site waste must be in compliance with all conditions,
discharge prohibitions, and applicable federal, state and local pretreatment
standards.
D.
No person shall discharge to the City of Lodi wastewater
treatment works any substance or waste that is or may be in whole or in part
on-site waste, mixed or unmixed, that contains hazardous waste (as defined
in Ch. NR 187, Wis. Adm. Code, or 40 CFR Part 261).
E.
Only on-site waste which is generated within the wastewater service
area may be discharged to the City of Lodi wastewater treatment works pursuant
to this article.
F.
Application for on-site waste disposal.
(1)
Between August 1 and September 1 of each year every licensed
disposer wishing to discharge to the City of Lodi wastewater treatment works
shall file an application in writing to City of Lodi in such a form as is
prescribed for that purpose. During the months of July and August, forms for
such application will be furnished at the Lodi City Hall or wastewater treatment
plant. The application must state fully and truly the type, frequency, quantity,
quality and location of generated on-site waste to be discharged to the City
of Lodi wastewater treatment works.
(2)
During the month of September, the City of Lodi will
evaluate the applications and make a determination as to the amount and conditions
for disposal of on-site waste at the City of Lodi wastewater treatment facilities.
The City of Lodi shall approve or reject each application by October 1 of
each year.
(3)
Each City of Lodi approval and permit issued for on-site
waste disposal shall be issued subject to the condition that any time the
wastewater treatment works has operational problems, maintenance problems,
or threat of WPDES permit violation that is directly or indirectly related
to on-site waste disposal in whole or part, the City of Lodi may immediately
restrict or discontinue on-site waste disposal until such time as corrective
action or mitigative measures have been taken.
(4)
City of Lodi approval and permits are valid for a period
of one calendar year beginning the January 1 issue date except if:
G.
On-site waste acceptance locations and times. On-site
waste shall only be discharged to the City of Lodi wastewater treatment works
by licensed disposers holding a valid City of Lodi permit and at locations,
times and conditions as specified by City of Lodi. Unless otherwise provided
by the written approval and permit issued by the City of Lodi to the licensed
disposer, disposal shall be only at the wastewater treatment plant or at such
other location as may be specified by the Director of Public Works during
the plant's normal business hours of 7:00 a.m. to 3:30 p.m., Monday through
Friday (excluding City of Lodi employee holidays). The City of Lodi, at its
sole option, may choose to accept discharge at hours other than those stated,
in which case the City will make an additional charge to the disposer sufficient
to reimburse the City for all additional costs incurred in accepting waste
at other than normal working hours.[1]
H.
All equipment used for on-site waste disposal to the
City of Lodi wastewater treatment works shall be properly maintained in such
a manner that gasoline, oil, sewage or other substances which may have a detrimental
effect will not drip, leak or discharge upon City property. This provision
expands the maintenance requirements of Ch. NR 113, Wis. Adm. Code, and includes
all parts of the licensed disposer's equipment.
I.
Discharge of on-site waste to City of Lodi specified
locations may be allowed, under written authority of the City of Lodi, provided
that discharge rates are restricted as necessary to facilitate mixing, prevent
a backup in the receiving sewer and prevent a slug load to the wastewater
treatment facility.
J.
Documentation of each on-site waste disposal shall be
submitted to City of Lodi, its designated agent or depository prior to the
discharge to the City of Lodi wastewater treatment works.
K.
A truck's tank shall be deemed filled to capacity upon
arrival for disposal, and charges shall be paid on that basis.
L.
The City of Lodi or its designated agent may sample the
discharge or proposed discharge as it deems appropriate.
M.
Forms for documentation of each on-site waste disposal
will be furnished by City of Lodi and will include the following:
(1)
Name, address and telephone number of the licensed disposer.
(2)
License number.
(3)
Type of on-site waste.
(4)
Volume of on-site waste.
(5)
Location, date, and time of discharge to the Lodi wastewater
treatment works.
(6)
Source of on-site waste.
(7)
Name and address of on-site waste generator.
(8)
Driver's signature.
(9)
Other information.
N.
No on-site waste disposer shall discharge or attempt to discharge to the City of Lodi wastewater treatment works substances or wastes having significant characteristics of incompatible pollutants or which, in the judgment of City of Lodi, reasonably may have a detrimental effect upon City of Lodi, its property, personnel, performance, processes or operations, or upon any waters of the state, or violate any provisions of Article I of this chapter, or otherwise create a hazard to life or health or constitute a public nuisance. For violation of this section, or any other provision of this article or of any condition or provision of the City of Lodi approval and permit, the City of Lodi may, at its option, singularly or cumulatively:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for discharge
to the City of Lodi wastewater treatment works.
(3)
Require a control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and
treating the wastes not covered by existing charges.
(6)
Revoke the violator's City of Lodi approval and permit
for on-site waste disposal.
(7)
Refuse to renew the violator's City of Lodi approval
and permit for on-site waste disposal.
O.
Untimely request for City of Lodi approval and permit.[2]
(1)
Application by a licensed disposer for a City of Lodi approval and permit may be made at a time other than as provided in Subsection F.
(2)
To be considered for the issuance of an approval and
permit under this subsection, the applicant licensed disposer must first demonstrate
the present existence of either an emergency or an unexpected situation of
substantial proportions.
(a)
To demonstrate under this subsection that a genuine emergency
exists, the applicant shall show the existence of circumstances which are
or threaten to be detrimental to the public health, welfare or safety or the
existence of substantial public concern that could reasonably be expected
to be alleviated or modified by untimely issuance of a City of Lodi approval
and permit.
(b)
To demonstrate an unexpected situation of sufficient gravity to warrant consideration of an application for City of Lodi approval and permit under this subsection, the applicant must show the existence of circumstances unknown on or before the September 1 last and not reasonably discovered then in the exercise of due diligence but which, if known, would probably have resulted in the applicant having timely filed application for City of Lodi approval and permit under Subsection F and which, if City of Lodi approval and permit are not now granted, will probably result in a material injustice.
Any person who is denied an approval and permit under this article or
whose permit is revoked may request and receive a hearing on such denial or
revocation before the City of Lodi Common Council.
A.
For discharges to the Lodi wastewater treatment works under this article, the City of Lodi will bill licensed disposers on a monthly basis. The licensed disposer shall pay the full amount of City of Lodi on-site waste disposal charges incurred in any calendar month within 30 days from the end of that month. Failure of any licensed disposer to pay the City of Lodi as provided herein is cause for immediate revocation or nonrenewal of the disposer's approval and permit as provided in § 272-21N.
B.
Rates of City of Lodi monthly billing under Subsection A will be established annually by the City of Lodi Common Council and shall defray the cost of treatment and administration of the on-site waste disposal program, including capital costs. If on-site waste discharged from any unit of the disposer's equipment contains any combination of the waste described at the definition of "on-site waste," Subsections (1), (2), (3) and (4), in § 272-20, the City of Lodi will charge the disposer for that entire discharge at the highest City of Lodi rate established for any of the waste contained therein giving no consideration to proportionality. The rates for Category C wastewater shall be updated periodically to reflect changes in operating and capital cost requirements. The specific user charge rates shall be adopted by City resolution.[1]
C.
The licensed disposer shall clean up all spills or the
deposits resulting from his/her activity at and about the City of Lodi wastewater
treatment works. Additional fees will be charged by the City of Lodi for cleanup
of any spills, expense of any damage occurring as a result of the disposer's
activity or for any other extra expenses occasioned by the activity or conduct
of any on-site waste disposer.
All measurements, tests and analyses of the characteristics of on-site
waste to which reference is made in this regulation shall be determined in
accordance with Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, and Guidelines Establishing
Test Procedures for Analysis of Pollutants (1978, 40 CFR 136). Sampling methods,
locations, times, durations and frequencies are to be determined on an individual
basis by City of Lodi.
Each disposer granted City of Lodi approval and permit pursuant to these
regulations agrees to release, protect and indemnify the City of Lodi, to
hold and save the City of Lodi harmless, and to defend the City of Lodi, its
officers, employees, agents and representatives from any and all claims, demands,
causes of action, judgments, costs, expenses, damages or other liability,
including but not limited to damages for injury or death, and from damage
to persons or property, arising out of the activities permitted under this
license and/or arising out of the activity or conduct of such disposer or
his/her equipment. The City of Lodi shall require each applicant for City
of Lodi approval and permit to provide the City of Lodi with a certificate
of insurance adequate in the City's judgment to permit the licensed disposer
to comply with the provisions of this section, naming the City of Lodi in
such a manner or upon such agreement that the City of Lodi shall receive notice
of any charges in or discontinuance of the insurance at least three weeks
before the effective date thereof.
