[Adopted as Ch. 13, Subch. III, of the 1999 Municipal Code]
This article regulates the use of public and private sewers
and drains, discharge of septage into the public sewerage system,
and the discharge of waters and wastes into the public sewerage systems
within the Village. It provides for and explains the method used for
levying and collecting wastewater treatment service charges, sets
uniform requirements for discharges into the wastewater collection
and treatment system and enables the Village to comply with administrative
provisions and 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 article provides a means for
determining wastewater and septage 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 article shall
be used to defray the costs of operating and maintaining an adequate
wastewater collection and treatment system and to provide sufficient
funds for capital outlay, debt service costs and capital improvements.
The charges and fees herein have been established pursuant to requirements
of the Wisconsin Statutes. This article shall supersede any previous
ordinances, rules or regulations and shall repeal all parts thereof
that may be inconsistent with this article. If there is any conflict
between this article and any applicable state statute, the statute
shall be controlling.
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
Those particular liquid or other wastes resulting from any
process of industry, manufacture, trade or business of the development
of any natural resource.
The water-carried waste created in and to be conducted away
from residences, industrial and commercial premises, public buildings
and other structures and premises with such surface or drain water
as may be present.
All street laterals, main and intercepting sewers and structures
by which sewage or industrial waste is collected, transported, treated
or disposed of. This shall not include plumbing inside or in connection
with buildings served or service sewers from a building to the street
lateral.
A.
The rules, regulations and sewer rates of the Village hereinafter set forth shall be considered a part of the contract with every person who is connected with the sewer system of the Village, and every such person, by connecting with the sewer system, shall be considered as expressing his assent to be bound thereby. Whenever any of said rules and regulations, or such others as the Village Board may hereafter adopt, are violated, the user shall be required to correct such violation within five days after receiving written notice of violation from the Village. If, after five days' notice in writing, such user permits the violation to continue, he shall be subject to a forfeiture as provided in § 1-3, together with the costs of prosecution. Each day in which any violation continues to exist, after the effective date of notice, shall be deemed a separate violation. The violation shall be determined to be in effect until such violation is corrected and all expenses incurred by the Village and forfeitures are paid to the Village. The right is reserved to the Village Board to change the rules, regulations and sewer rates from time to time as it may deem advisable and to make special rates and contracts in all proper cases.[1]
B.
Application for service.
Every person connecting with the sewer system shall file an application
in writing to the Village Board in such form as is prescribed for
that purpose.
(2)
Blanks or information for such applications shall be furnished at
the office of the Clerk-Treasurer. The application shall state the
estimated sewer use. The application shall provide the complete, correct,
legal description of the property to be served. If the applicant is
not the owner of the premises, the written consent of the owner shall
accompany the application. Persons connected to the sewer system are
referred to herein as "users."
(3)
If it appears that the service applied for will not provide adequate
service for the contemplated use, the Village Board may reject the
application. If the Board shall approve the application, it shall
issue a permit for services as shown on the application.
C.
Initial user contribution charge. There is hereby levied against
each parcel of land serviceable by the sewer system (vacant unimproved
parcels alone excluded since a charge to the same to be made after
installation upon required user payment) an initial user contribution
charge as follows:
D.
Tap permits. After sewer connections have been introduced into any
building or upon any premises, no plumber shall make any tap or connection
with the pipes upon such premises for alterations, extensions or attachments
unless the party ordering such tapping or other work shall exhibit
the proper permit for the same from the Director of Public Works.
Tap permits shall be issued only to plumbers licensed by the state.
E.
Users to keep in repair. All users shall keep their own service pipes
in good repair and protected from frost, at their own risk and expense,
and shall prevent any unnecessary waste of water and overburdening
of the sewer system. All expenses relating to the introduction of
sewer into buildings or private premises and connection with the sewer
system shall be paid by the applicant. No charge, however, shall be
made for the services of the Director in directing where and in what
manner the mains shall be tapped and excavations made in the street
for laying pipe.
F.
User use only. No user shall permit others or other services to connect
to the sewer system through his lateral.
G.
User to permit inspection. Every user shall permit the Director of
Public Works, at all reasonable hours of the day, to enter their premises
or building to examine the pipes and fixtures and the manner in which
the drains and sewer connections operate, and they shall at all times,
frankly and without concealment, answer all questions put to them
relative to their use.
H.
Utility responsibility. It is expressly stipulated that no claim
shall be made against the Village by reason of the breaking, clogging,
stoppage or freezing of any service pipe. Whenever it shall become
necessary to shut off the sewer service within any area of the Village,
the Director of Public Works shall, if practicable, give notice to
each and every consumer within the Village of the time when such service
will be shut off.
A.
Permit required. See Chapter 323, Streets and Sidewalks, of the Code of the Village of Hollandale.
B.
In making excavations in streets or highways for laying service pipe
or making repairs, the paving and earth removed shall be deposited
in a manner that will occasion the least inconvenience to the public
and provide for the passage of water along the gutters.
C.
No person shall leave any such excavation made in any street or highway
open at any time without barricades, and, during the night, warning
lights shall be maintained at such excavations.
D.
In refilling the opening, after the service pipes are laid, the earth
shall be laid in layers of not more than nine inches in depth and
each layer thoroughly rammed or puddled to prevent settling. This
work, together with the replacing of sidewalks, ballast and paving,
shall be done so as to make the street as good, at least, as before
it was disturbed and satisfactory to the Village Board or its agent.
No opening of the streets for tapping the pipes shall be permitted
when the ground is frozen.
A.
Whenever the Director of Public Works shall determine that any lot,
parcel of land, building or premises is discharging industrial wastes
of unusual volume, concentration or character, or of greatly variable
volume, he shall recommend the adoption of a special rate for such,
taking into consideration the volume biochemical oxygen demand value
and suspended solids content of the industrial wastes and the nature
of the use made of the sewer system, but nothing herein contained
shall affect any of such rates as heretofore might have been established
unless and until changed by action of the Sewer Utility.
B.
If a user of the sewerage system discharges any substance therein which is deemed injurious by the Director of Public Works to the operation of the sewerage system, such user shall be required to discontinue the discharge of such substance in the sewerage system. If, after 48 hours' notice in writing, such user continues to discharge such injurious substance into the sewerage system, such user shall be subject to a forfeiture as provided in § 1-3, together with the costs of prosecution. Each day in which any such violation continues to exist, after the effective date of the notice to discontinue such discharge, shall be deemed a separate violation. Upon default in payment of any forfeiture which may be adjudged, the same shall be placed upon the next succeeding Village tax roll.[1]
C.
It will be the responsibility of the Director of Public Works to
give to each user a card containing the restrictions on the use of
the sewerage system.
D.
Restrictions with respect to domestic and commercial wastes to be
discharged to the sewer.
(1)
No user shall discharge or cause to be discharged to the sanitary
sewer any stormwater, surface water, groundwater, roof runoff or surface
drainage.
(2)
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following described liquids or solid wastes
to any sanitary sewer:
(a)
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(b)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, paunch manure or any other solid
or sticky substance capable of causing obstruction of the flow in
sewers or other interference with the proper operation of the sewage
works.
(c)
Any water or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment
process, constituting a hazard to humans and animals or creating any
hazard in the receiving treatment facility.
(d)
Any waters or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such material at the sewage treatment plant.
(e)
Any noxious or malodorous gas or substance capable of creating
a public nuisance.
(f)
Any garbage that has not been properly shredded.
(g)
Any liquid or vapor having a temperature higher than 150°
F.
(h)
Any water or waste which may contain more than 100 parts per
million by weight of fat, oil or grease.
(i)
Any waters or wastes having pH lower than 5.5 or higher than
9.0 or having any corrosive property capable of causing damage or
hazard to structures, equipment and personnel of the sewage works.
E.
Special treatment or practices.
(1)
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Director of Public Works, they are necessary for the
proper handling of liquid wastes containing grease in excessive amounts
or any flammable wastes, sands and other harmful ingredients, except
that such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of the type and capacity
approved by the Director and shall be located as to be readily and
easily accessible for cleaning and inspection.
(2)
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped
with easily removable covers which, when bolted in place, shall be
gastight and watertight.
(3)
Where installed, all grease, oil and sand interceptors shall be maintained
by the owner at his expense in continuously efficient operation at
all times.
F.
Preliminary treatment facilities.
(1)
Where preliminary treatment facilities are provided for any waters
or wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner at his expense.
(2)
When manholes are required by the Director of Public Works, the owner
of any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
manhole, when required, shall be accessibly and safely located and
shall be constructed in accordance with plans approved by the Director.
The manhole shall be installed by the owner at his expense and shall
be maintained by him so as to be safe and accessible at all times.
A.
Vacating of premises and discontinuance of service. Whenever premises
served by the system are to be vacated or whenever any person desires
to discontinue service from the system, the Director of Public Works
shall be notified in writing. The owner of the premises shall be liable
for any damages to the property of the system by reason of failure
to notify the system of a vacancy or any such damage which may be
discovered having occurred to the property of the system other than
through the fault of the Utility or its employees, representatives
or agents.
B.
Sewer system user charges. The sewer system quarterly user charges
shall be 2.75 times the water bill for the premises and shall be payable
at the same time as the water bill.
C.
Charges are a lien on property. The sewer service charges, including
initial user contribution charges, quarterly service charge or standby
charge may be applicable. Sewer service charges shall be collected
and taxed and shall be a lien upon the property served in the same
manner as prescribed and in accordance with § 66.0809(1),
Wis. Stats. On October 15 of each year, notice shall be given to the
owner or occupant of all lots or parcels of real estate to which service
has been furnished prior to October 1 and payment for which is owing
and in arrears at the time of giving such notice. The notice shall
be given by the Clerk-Treasurer. Such notice shall be in writing,
shall state the amount of such arrears, including any such penalty
assessed pursuant to the rules of the utility, and state that, unless
the same is paid by November 1, thereafter, a penalty of 10% of such
amount of the arrears shall be added thereto, and that, unless such
arrears, with any such added penalty, shall be paid by November 15,
thereafter, the same shall be levied as a tax against the lot or parcel
of real estate to which service was furnished and for which payment
is delinquent as above specified. Such notice may be served by delivery
to either such owner or occupant personally or by letter addressed
to such owner or occupant at the post office address of such lot or
parcel of real estate. On November 16, the Clerk-Treasurer shall certify
and file in his office a list of all lots or parcels of real estate,
giving the legal description thereof to the owners or occupants, of
which notice of arrears in payment were given as above specified and
which arrears still remain unpaid, and stating the amount of such
arrears, together with the added penalty thereon as herein provided.
Each such delinquent amount, including such penalty, shall thereupon
become a lien upon the lot or parcel of real estate to which the service
was furnished and payment for which is delinquent, and the Clerk-Treasurer
shall insert the same as a tax against such lots or parcels of real
estate.[1]
D.
Unit of service definition. A unit of service shall consist of any
residential or small commercial aggregation of space or area occupied
for a distinct purpose such as a residence apartment, flat, store
or office which is equipped with one or more fixtures for rendering
sewer service, separate and distinct from other users. Each unit of
service shall be regarded as one consumer and the surcharge for additional
consumers assessed accordingly. Apartments with complete housekeeping
functions such as cooking shall be classed as rooming houses; thus,
houses and apartments having suites of one, two or more rooms with
toilet facilities, but without a kitchen for cooking, are classed
as rooming houses. When a consumer's premises has several buildings,
each supplied with service, the full service charge shall be billed
for each service separately.
E.
Maintenance of services. All sewer services within the corporate
limits of the Village from the street main to the location of the
property line shall be maintained by the Utility without expense to
the property owner, except when they are damaged as a result of negligence
or carelessness on the part of the property owner, a tenant or an
agent of the owner, in which case they will be repaired at the expense
of the property owner. All sewer services from the point of maintenance
by the Utility to and throughout the premises shall be maintained
free of defective conditions by and at the expense of the owner or
occupant of the property. If the property owner does not repair within
24 hours any break between the property line and the building permitting
clear water infiltration, the service may be repaired by the Village
and back-charged to the property owner. When any sewer service is
to be relaid, and there are two or more buildings on such service,
each building shall be disconnected from such service, and a new sewer
service shall be installed for each building.
F.
Payment of bills.
(1)
Failure to receive bill no penalty exemption. Every reasonable care
shall be exercised in the proper delivery of sewer bills. Failure
to receive a sewer bill, however, shall not relieve any person of
the responsibility for payment of sewer rates within the prescribed
period nor exempt any person from any penalty imposed for delinquency
in the payment thereof.
(2)
Billing. The property owner is held responsible for all sewer bills
on premises that he owns. All sewer bills and notices of any nature
relative to the sewer service shall be addressed to the owner and
delivered to the premises referred to on the bill of notice.
G.
Damage recovery. The Utility shall have the right of recovery from
all persons any expense incurred for the repair or replacement of
any sewer pipe damaged in any manner by any person by the performance
of any work under their control or by any negligent act.
H.
Penalties. Any person who shall violate any of the provisions of this article or rules or regulations of the Village or who shall connect a service pipe without first having obtained a permit therefor or who shall violate any provisions of the Wisconsin Statutes, the Wisconsin Administrative Code or any other materials which are incorporated by reference shall, upon conviction thereof, be subject to a forfeiture as provided in § 1-3 and the costs of prosecution. Each day in which any such violation continues to exist may be deemed a separate violation. Upon default in payment of any forfeiture which may be adjudged, the same may be placed upon the next succeeding Village tax roll. In addition, any such person shall be liable to the Village for the actual costs of doing, restoring or correcting any situation created as a result of any violation of this article.[2]
I.
Septic tanks prohibited. The maintenance and use of septic tanks
and other private sewage disposal systems within the area of the Village
serviced by its sewer system are hereby declared to be a public nuisance
and a health hazard.
J.
Adoption of other rules. There is hereby adopted all the rules and
regulations of the State Plumbing and State Building Codes and the
building rules of the Department of Safety and Professional Services
insofar as the same are applicable to the Village.
