[HISTORY: Adopted by the Village Board of
the Village of Elm Grove as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-14-1955; as amended through 8-9-1993]
Sanitary District No. 1 and Sewerage District
No. 2 of the Village of Elm Grove are consolidated into one sewer
district to be known as "Elm Grove Sewer District," which action is
to be effective as of May 1, 1975.
The costs of constructing and maintaining the
public sewers, which shall include mains, intercepting and all extension
sewers, manholes, outfalls, and all other sewer construction and facilities,
shall be paid out of the funds of such Village Sewer District, except
that said costs may be paid out of other Village funds (including
funds made available by the use of general obligations or revenue
bonds) of the Village of Elm Grove upon the express resolution of
the Board of Trustees of the Village of Elm Grove to this effect.
[Amended 3-23-2004]
A.
Management, powers and duties; report.
(1)
The affairs of such Village Sewer District shall be managed by the Public Works/Utilities Committee established under § 80-3.
(2)
General powers and duties; report to Trustees.
(a)
The Public Works/Utilities Committee shall administer
routine functions in maintaining the local sanitary sewer system,
shall make pertinent recommendations to the Board of Trustees as to
maintenance and rehabilitation of such system and shall administer
and implement all present and future ordinances enacted by the Board
of Trustees relating to the Village sanitary sewer system.[1]
[1]
Editor's Note: Former Subsection (a)(2)(b),
regarding budgeted expenditures, which immediately followed this subsection,
was deleted 12-11-2000.
(b)
A formal report of the activities of the Public
Works/Utilities Committee shall be made each month to the Board of
Trustees and a representative of the Public Works/Utilities Committee
shall attend each regular meeting of such Board of Trustees to present
such report.
B.
In addition to its other powers, the Public Works/Utilities
Committee is hereby authorized to locate and define the boundaries
and areas of excessive clear water infiltration or flowage into the
sanitary sewer system.
(1)
The Public Works/Utilities Committee may designate
certain inspectors to investigate and check all buildings within an
area suspected to be a clear water infiltration area. Such inspectors
shall have the power, after reasonable notice, to enter such premises
for the purpose of any inspection, observation, measurement, sampling
and testing deemed necessary by said inspectors to ensure compliance
with this article. If, however, any inspector is denied entry after
presentation of his or her identification, he or she may procure a
special inspection warrant in accordance with § 66.122,
Wis. Stats. If such inspectors deem such evidence or findings are
inconclusive or if the property owner makes such a request, an outside
test shall be made by pouring a colored dye mixed with water into
a hole drilled a short distance from the outside wall of the building
and then checking the nearest downstream manhole to such premises
to determine if the colored water is flowing into the manhole.
(2)
Such inspectors shall report their findings to the
Public Works/Utilities Committee and the Public Works/Utilities Committee
shall then have the power to direct such property owners to disconnect
any downspouts, exterior foundation drains, areaway drains, sump pumps,
or other sources of surface runoff or groundwater which discharge
clear water, directly or indirectly, into the sanitary extension sewer
system of the Village.
[Amended 3-23-2004]
The Village Public Works/Utilities Committee
shall cooperate with the Finance Committee and the Village Manager
in the preparation of an annual budget for the sewer system for consideration
by the Village Board of Trustees. All of such budgets shall be subject
to the approval of the Village Board of Trustees.[1]
[1]
Editor's Note: Former Sections 5 and 6, regarding
the taxing district status and funds of the former sanitary and sewerage
districts, which immediately followed this section, were deleted 12-11-2000.
No substance or amount of any substance prohibited
by the regulation of the Milwaukee Metropolitan Sewerage District
periodically as amended shall be discharged into the sanitary sewer
system. Any person found to be responsible for the discharge of any
substance into the sewer system which causes damage to the sewer system
or treatment facility shall, in addition to a forfeiture, pay the
amount of damages incurred by the Village and, upon order of the Village,
remedy the condition resulting in the discharge.
[Added 4-10-2000; amended 8-26-2003; 3-23-2004; 6-27-2016]
Any property owner, or property owner’s
agent or lessee, who is required by Wisconsin Administrative Code
Section SPS 382.34, or any amendment thereto, to install and maintain
a grease interceptor, shall obtain a grease interceptor permit from
the Village.
A.
Application. Application for a permit shall be made
on forms provided by the Village, disclosing therein the following:
(1)
The name(s) and telephone number(s) of the person(s)
responsible for the maintenance of the grease interceptor;
(2)
The means by which the captured material is to be
disposed;
(3)
The name of any currently licensed waste disposal
firms contracted to dispose of the captured material; and
(4)
The record of dates and means of disposal of all captured
material during the previous permit years.
B.
Inspection. Upon receipt of an application, the Village
Plumbing Inspector shall make, or shall cause to be made, an inspection
of the grease interceptor to assure that the permitted premises and
the grease interceptor are in compliance with Wisconsin Administrative
Code Section SPS 382.34. Inspections shall be made at least once every
two years, and at such other times as the Village Plumbing Inspector
shall deem necessary.
C.
Fee. The applicant shall pay an investigation and
compliance fee to cover the Village's cost of administrating this
compliance program. This fee relates solely to the inspection and
monitoring described in this section and is separate from all other
fees charged by the Public Works/Utilities Committee. The fee, which
shall be established by the Village Board by resolution from time
to time, shall be paid at the time the applicant makes application.
D.
Expiration; renewal; transfer. Grease interceptor
permits shall expire on June 30 of every other year. Renewals shall
be handled in the same manner as original applications. Permits issued
under this section are personal and may not be transferred.
E.
Revocation of permit. Permits issued under this section may be revoked, or withheld, by the Village Plumbing Inspector whenever the Village Plumbing Inspector determines that the permit holder has violated any provision of Wisconsin Administrative Code Section SPS 382.34, including but not limited to allowing deleterious waste material to be introduced into the Village sewer. Continued operation under a revoked permit shall constitute a violation of § 232-9 of this article.
[Amended 3-8-1999]
A.
No roof downspout, cistern, swimming pool or water-chilled
air conditioner, exterior foundation drain, areaway drain, sump pump
or other source of surface runoff, stormwater, surface water, clear
water waste, or groundwater shall be allowed to flow, directly or
indirectly, into the Village sanitary sewer system.
B.
The Board of Trustees finds that direct or indirect
discharge of any surface runoff, stormwater, surface water, clear
water waste or groundwater into the Village sanitary sewer system
is a significant factor in causing sanitary sewers to overflow and
thereby contributing to sewage backup into basements. Therefore, any
such direct or indirect flow of such waters into the Village sanitary
sewer system is hereby declared to constitute a public nuisance and
violations of this section may be prosecuted in the manner provided
for in Chapter 823 of the Wisconsin statutes, as amended from time
to time, as well as by any other means provided under this article
or any applicable law.
[Added 12-14-1998]
A.
The Village of Elm Grove shall maintain the sewer
service main within the Village limits.
B.
The owner of any property receiving sewer service
through any lateral connections ("properly owner") shall maintain
the sewer lateral from the point of connection to the main sewer to
the structure receiving service, including but not limited to all
connective fittings such as wye joints. This shall include payment
of all expenses associated with the cleaning, maintenance or repair
or replacement of the lateral line, restoration of lawn or other landscaping
improvements, which at the discretion of the Village may be undertaken,
and repair of the street, if necessary, in accordance with Village
of Elm Grove road cut specifications.
C.
The property owner must notify the Village in writing
prior to initiating work on any lateral other than routine cleaning.
It shall be the property owner's responsibility to keep the sewer
service lateral free from obstruction or defective conditions at all
times.
D.
Disturbance and abandonment.
[Added 12-17-2002]
(1)
If an existing building is razed, or remodeled in
any manner resulting in the disturbance of an existing lateral, there
must be a complete replacement of the existing lateral with a new
PVC lateral entirely at the expense of the property owner.
(2)
An exception to the replacement of an existing lateral
may be granted by the Village Director of Public Works if satisfactory
evidence is submitted timely demonstrating that the existing lateral
is of PVC construction or the existing lateral has been lined, and
the existing lateral has been televised demonstrating that it is entirely
free from major defects.
(3)
In the event of abandonment, the lateral shall be severed from the main and a permanent seal, of a method and material approved by the Director of Public Works, shall be placed at the main connection so as to permanently seal the main from infiltration. The abandonment shall be inspected and tested to the satisfaction of the Director of Public Works. The permanent seal shall be installed by the property owner at the owner's sole expense. All inspection costs shall be the responsibility of the property owner and will be charged in accordance with § 30-3 of the Village Code.
A.
Any person found violating the provisions of this
article shall be provided written notice stating the nature of the
violation and providing a reasonable time, not to exceed 30 days,
for the correction of the violation.
Any person violating the provisions of this article shall be liable to the Village for any expense, loss, or damage which the Village may suffer as a result of such violation, and said amounts shall be assessed by the Court at the time of sentencing under § 232-9 and nonpayment of such expenses shall result in imprisonment in the Waukesha County Jail.
[Adopted 12-18-1978; amended 12-11-2000]
The wastewater of the Village of Elm Grove is
collected and treated in whole or in part by the wastewater system
operated by the Milwaukee Metropolitan Sewerage District (MMSD). The
purpose of this article is to enable the Village of Elm Grove to establish
and collect from users within the Village of Elm Grove those charges
which represent the proportionate contribution by such users both
to the cost of operating and maintaining the system, and that part
of the cost of capital improvements in the system not defrayed by
an ad valorem tax on real property.
A.
The following section and related appendixes of MMSD
District Rules and Regulations, promulgated by the District, are hereby
incorporated by reference and shall be in full force and effect as
though set forth in their entirety.
B.
COLLECTION SEWER SYSTEM
COMMERCIAL MAN-HOUR
CONNECTION OR SERVICE CONNECTION
LOCAL USER CHARGE
OPERATION AND MAINTENANCE
REPLACEMENT
RESIDENTIAL STRUCTURE
STANDARD METHODS
In addition to words and terms elsewhere defined in
this article, the following words and terms as used in this article
shall have the following meanings, unless some other meaning is plainly
intended:
The system of public sewers whose primary purpose is to collect
wastewater from individual point source discharges.
One hour spent on duty in a commercial establishment by one
employee.
Each physical connection to the municipal or District sewer
system.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance, and replacement of the collection system.
All expenditures during the useful life of the sewer collection
system for materials, labor, utilities and other items which are necessary
for managing and maintaining the collection system to achieve the
capacity and performance for which such system was designed and constructed.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
collection system to maintain the capacity and performance for which
such works were designed and constructed. The term "operation and
maintenance" includes replacement.
Any building exclusively accommodating one, two, three, or
four residential units.
The latest edition of Standard Methods of Examination of
Water and Wastewater, published jointly by the American Public Health
Association, the American Water Works Association, and the Water Pollution
Control Federation.
C.
Words importing a singular number shall include the
plural number and vice versa unless the context shall otherwise indicate.
A.
Municipal transfer of data. The Village of Elm Grove
shall provide MMSD, upon request, that data required to prepare wholesale
bills, including number of residential units; number of residential
structures; total water consumption of noncertified commercial users;
total number of noncertified commercial connections; individual water
consumption for each certified commercial user; and individual number
of service connections for each certified commercial user. This data
will be submitted to MMSD in accordance with the schedules published
in the current Cost Recovery Procedures Manual. Any change in such
schedules by the Village of Elm Grove will be submitted to MMSD in
advance for approval.
B.
Discharge volume.
[Amended 3-23-2004; 2-26-2013]
(1)
The
volume of wastewater discharged by a user is deemed to be equal to
the volume of water consumed by said user from all sources, as modified
by applicable discharge factors.
(2)
Commercial
unmetered. The Village of Elm Grove will estimate the volume of water
consumed from unmetered sources by commercial users in accordance
with the domestic equivalency factors published in the current MMSD
Cost Recovery Procedures Manual.
(3)
Commercial
metered.
(a)
Commercial properties shall install meters in accordance with the
applicable MMSD rules and regulations, as amended from time to time.
At any time a current user meets the usage for which MMSD requires
a meter, such meter shall be installed within 60 days of notification
by the Village.
(b)
Meters must be installed and maintained by the user at his/her expense
of a type and in a manner satisfactory to the Public Works/Utilities
Committee. Such installed meters will require annual maintenance and
calibration by the owner due to the poor water quality in the Village
of Elm Grove. The results must be reported to the Village of Elm Grove
by March 1 of each calendar year. If at any time the owner has knowledge
of the meter working incorrectly, the Village must be notified immediately
and the meter must be repaired or replaced within 60 days.
(c)
All meters must be installed outside of the building or have an exterior
remote reader and must be readily accessible by Village of Elm Grove
personnel. Meters must be installed within 60 days of notification
by the Village.
(4)
Failure to abide by these rules will result in the Village using an estimate for discharge for the current period and all future billing periods until the user rectifies the problem and additional charges shall be applied as provided in § 232-15F(7).
C.
User transfer of data. Each commercial user of the
wastewater system shall submit pertinent data to the Village of Elm
Grove Sewer District or MMSD to verify this data.
D.
Discharge factor certification. Commercial users may
apply to MMSD for a certified discharge factor as provided for in
the current Cost Recovery Procedures Manual.
E.
Verification.
(1)
The Milwaukee Metropolitan Sewerage District shall
have the right to monitor wastewater discharges as provided in the
current District Rules and Regulations.
(2)
The Village of Elm Grove shall have the right to monitor
all water meters. At any time, Village of Elm Grove personnel bearing
proper credentials and identification shall be permitted to enter
all properties for the purposes of inspection, observation, and testing
in order to carry out the provisions of this article. In the event
there is a denial of such permission to enter, the Village of Elm
Grove personnel shall make application for a special inspection warrant
under the provisions of Ch. 66, Wis. Stats.
(3)
In the event a user fails to supply water meter data or in the event a user's data or statement is materially inaccurate or in the event there has been a substantial change in data since the date of the user's last report, the Village of Elm Grove shall notify the user that the Village shall redetermine the proper charge due in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate data or statement were originally due and additional charges shall be applied to each deficiency as provided in § 232-15F(7).
[Amended 2-26-2013]
F.
Audit control of user connections. Whenever there
is a change in the use of a building housing a certified commercial
user, the owner must, within 30 days of the change, notify the Village
of Elm Grove and MMSD. This notification shall be submitted in accordance
with the procedures established by MMSD in the current Cost Recovery
Procedures Manual.
G.
Appeal provision. Any user that believes there may
be an error in an action taken by MMSD pertaining to charges may appeal
the action, provided that the user first submits payment for the charge
in question. The appeal shall be filed with MMSD in accordance with
the procedures set forth in the current Cost Recovery Procedures Manual
and is exclusive; no appeal is permitted to the Village of Elm Grove
Public Works/Utilities Committee. Resolution of the appeal shall be
conclusive, subject to appeal in the manner prescribed by law.
[Amended 3-23-2004]
[Amended 3-3-2004]
The purpose of user charges is to ensure that
users of the wastewater system pay for the use of the system. User
charges of each user shall consist of that portion of the cost of
operation and maintenance of the wastewater system allocable to such
user. The Milwaukee Metropolitan Sewerage District shall bill the
Village of Elm Grove for the user charges attributable to users located
within the Village of Elm Grove.
A.
Purpose. The purpose of the local user charge system
is to generate adequate annual revenues to pay costs of annual operation
and maintenance, including replacement, associated with financing
the collection sewer system which the Village of Elm Grove may by
ordinance designate to be paid by the local user charge system. That
portion of the total local user charge which is designated for operation
and maintenance, including replacement of the collection system, shall
be established by this article.
B.
Local user charge billing basis. There is hereby imposed
a charge on each user in the Village of Elm Grove who discharges wastewater,
directly or indirectly, into the wastewater system operated by MMSD.
Such charge shall be in the amount specified below for the various
classes of users and shall be prorated for part-year users.
(1)
Residential users shall be calculated as follows:
Number of residential units times (x) the residential occupancy factor
x ERU rate x number of days in billing period divided by 1,000 x volumetric
rate, plus local connection charge.
(2)
Noncertified commercial users. The noncertified commercial
user charge shall be calculated as follows: Estimated or actual annual
commercial wastewater discharge x volumetric rate, plus local connection
charge.
(3)
Discharge certified commercial users. The discharge
certified commercial user charge shall be calculated as follows: Wastewater
discharge x MMSD certified discharge factor x volumetric rate, plus
local connection charge.
C.
Local connection charge. There shall be collected
from each residential and each commercial user an annual local sewer
connection charge. The local sewer connection charge is in addition
to the MMSD sewer connection charge.
D.
Review of user charge. The Village of Elm Grove will
review the local user charge system at least every two years, and
revise local user charge rates as necessary to ensure that the system
generated adequate revenues to pay the costs of operation and maintenance
including replacement costs among users and user classes.
E.
User notification. The Village of Elm Grove will post
at least annually the rate being charged for operation and maintenance
including replacement of the collection system. This notification
will display separately MMSD treatment charges and local operation,
maintenance and replacement rates.
[Amended 4-22-2008]
F.
Billings and penalties.
(1)
All
commercial users with a meter must report the meter reading within
10 days of receiving notice of such meter reading from the Village
of Elm Grove.
[Added 2-26-2013[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection F(1) through (6) as Subsection F(2) through (7),
respectively.
(2)
User charges for residential users shall be billed
on an annual basis. All commercial users shall be billed on a quarterly
basis. Payment of commercial bills shall be made within 25 days of
mailing by the Village of Elm Grove. In the event that such bill is
not paid when due, a penalty of 1.5% per month on the unpaid balance
shall be added thereto. All bills shall be payable at the office of
the Village Treasurer, 13600 Juneau Boulevard, Elm Grove, Wisconsin
53122.
[Amended 2-26-2013]
(3)
In the event a user fails to certify data or in the
event a user's certification is materially inaccurate or in the event
there has been a substantial change in the data since the date of
the user's last certification, MMSD or the Village of Elm Grove shall
notify the user that the verification data determined by MMSD or the
Village of Elm Grove pursuant to MMSD District Rules and Regulations
shall be used to determine the charge due for the current billing
period and all future billing periods until the user submits a new
certified statement.
(4)
Should inspection or verification by MMSD or the Village of Elm Grove reveal that any statement certified by a user is materially inaccurate, MMSD or the Village of Elm Grove shall redetermine the proper charge due and forward the new computation to the municipality in order that a bill for the deficiency may be sent to the user in order that the deficiency may be paid. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due and interest charges shall be applied to each deficiency as provided in Subsection F(2) above.
[Amended 2-26-2013]
(5)
Unpaid user charges shall be a lien upon the property
served and shall be enforced as provided in § 66.076(7),
Wis. Stats.
(6)
The Village of Elm Grove shall pay MMSD in full the
wholesale bill as set forth in the current MMSD Rules and Regulations.
(7)
Any person who violates, disobeys, omits, neglects,
or refuses to comply with any action required pursuant to MMSD Rules
and Regulations or any provision of this article shall forfeit not
less than $50 nor more than $500 for each offense, together with the
cost of prosecution. Each day that a violation continues to exist
shall constitute a separate offense. Such fines are in addition to
the user charges due the Village of Elm Grove.
[Amended 3-23-2004; 2-26-2013]
