[HISTORY: Adopted by the Village Board of the Village of
Clyman as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-2005]
This article shall be known and may be cited as the "Clyman
Wastewater Connection Fee Ordinance."
Pursuant to the authority of § 66.0821(4)(a), Wis.
Stats., wastewater fee enabling legislation, the purpose of this article
is to establish the mechanism for the imposition of connection fees
upon a new development to finance the capital costs of acquiring,
establishing, upgrading, expanding, and constructing wastewater treatment
facilities which are necessary to accommodate land development. This
chapter is intended to assure that new development bears an appropriate
share of the cost or capital expenditures necessary to provide wastewater
treatment facilities within the Village of Clyman and its service
areas, as they are required to serve the needs arising out of land
development.
As used in this article, the following terms shall have the
meanings indicated:
The capital costs to construct, expand or improve public
facilities, including the cost of land, and including legal, engineering
and design costs to construct, expand or improve public facilities.
A fee to be collected upon approval of a building permit
application or a change in water meter size.
Any man-made change to improved or unimproved real property,
the use of any principal structure or land or any other activity that
requires issuance of a permit for a new water meter or a change in
water meter size.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the Village or its service areas or that result in nonresidential
uses that create a need for new, expanded or improved public facilities
within the Village or its service area.
Facilities for collecting and treating sewage, facilities
for collecting and treating stormwater and surface water, or facilities
for pumping, storing, treating and distributing water. "Public facilities"
does not include facilities owned by a school district.[1]
A unit of measure for connection fee equivalent to one residential
dwelling unit. For purposes of this article, one residential equivalent
is considered equal to the basic residential meter size of 5/8 inch
or 3/4 inch.
A geographic area delineated by the Village Board within
which the Village provides public facilities.
A certain quantity or quality of public facilities relative
to a certain number of persons, parcels of land or other appropriate
measure as specified by the Village Board.
The Village of Clyman.
The Wastewater Treatment Plant of the Village of Clyman.
All required connection fees, unless expressly excepted in a
section of this chapter, shall be paid in full upon approval of a
building permit application or change in water meter size, whichever
is applicable. Connection fee payments shall be assumed to be the
responsibility of the owners of records at the time a building permit
application is approved or a change in water meter size is requested.
All fees will be paid in full to the Clyman Utility Commission prior
to the commencement of any construction. Connection fee payment shall
be made at the Village Hall.
The payment of a connection fee imposed under this article as
a condition of an approved building permit application or a change
in water meter size may be contested as to the amount, collection
or use of the connection fee to the Village Board, provided that the
applicant files a written notice of appeal in the Village Clerk-Treasurer's
office within 15 days of the approval of the building permit application
or a change in water meter size upon which the connection fee is imposed.
Such notice of appeal shall be entitled "notice of appeal of connection
fee" and shall state the applicant's name, address, telephone
number, address (if available) and legal description of the land development
upon which the connection fee is imposed, and a statement of the nature
of and reasons for the appeal. The Village Clerk-Treasurer shall schedule
the appeal for consideration by the Village Board at a regular meeting
as soon as reasonably practicable under the circumstances and shall
notify the applicant of the time, date and place of such meeting in
writing by regular mail, deposited in the mail no later than at least
three days before the date of such meeting. Upon review of such appeal,
the Village Board may adjust the amount, collection or use of the
connection fee upon just and reasonable cause shown.
A.
The basis for the imposition of the WWTP connection fees is the Wastewater
Facilities Plan report and its attachments as prepared by MSA, dated
March 2005, for the WWTP and the "Wastewater Connection Charge Study"
prepared by Virchow, Krause & Company, LLP in May 2005, both of
which are on file with the Village Clerk-Treasurer at Village Hall.
B.
In the interest of fairness and in an effort to better effectuate
the purpose of this article, the Village has adopted a fee schedule,
relating to the connection fees to be paid prior to the issuance of
a permit for a new water meter or a change in water meter size, which
is on file in the Village office.[1]
A.
The following situations shall be exempted from payment of the connection
fees:
(1)
Alterations or expansion of an existing building where no additional
or larger water meter connections are requested.
(2)
The replacement of a building or structure with a new building or
structure of the same size and use where no additional or larger water
and/or sewer connections are requested and where the use is not changed.
(3)
A change in water meter size shall not be exempted from payment of
the connection fee; however, a credit shall be given for the current
connection fee on the old meter size. For example, at the time of
an application for a change from a five-eighths-inch meter to a one-inch
meter, the connection fee would equal the current connection fee for
a one-inch meter less the current connection fee for a five-eighths-inch
meter.
(4)
No connection fee shall be required, nor credited, for a change in
water meter size that results in a decrease in meter size.
(5)
Any developer/builder with an approved conditional use permit for
non-single family residences as of the date of this article.
B.
Any claim for exception must be made no later than the time of application
for a permit for a new water meter or a change in water meter size.
Any claim not so made shall be deemed waived.
The connection fees contained herein shall be reviewed by the
Village Board every two years.
[Adopted 6-21-2010 by Ord. No. 2010-006]
A.
This article regulates the use of public and private sewers and drains
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
uniforms requirements for discharges into the wastewater collection
and treatment systems and enables the Village to comply with administrative
provisions, and other discharge criteria which are required or authorized
by the State of Wisconsin or federal law. Its intent is to derive
the maximum public benefit by regulating the characteristics of wastewater
discharged into the Village of Clyman sewerage system.
B.
This article 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 article shall be used to defray the costs
of operating and maintaining adequate wastewater collection and treatment
systems 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 ordinance, 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
statute, the state statute shall be controlling.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The Village of Clyman, or its duly authorized committee,
agent, or representative.
One of the oxidation states of nitrogen, in which nitrogen
is combined with hydrogen in molecular form as NH3 or in ionized form as NH4. Quantitative determination
of ammonia nitrogen shall be made in accordance with procedures set
forth in "Standard Methods" or Chapter NR 149 of the Wisconsin Administrative
Code.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed as milligrams
per liter. Quantitative determination of BOD shall be made in accordance
with procedures set forth in the most recent edition of "Standard
Methods."
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the wall of the building and conveys it to the building
sewer.
The extension from the public sewer or other place of disposal
beginning outside the inner face of the building wall.
That are typically found in wastewater and may be regulated
by this article; these are as follows:
|
Ammonia nitrogen
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NH3
| |
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Arsenic
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As
| |
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Copper
|
Cu
| |
|
Lead
|
Pb
| |
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Mercury
|
Hg
| |
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Nitrogen
|
N
| |
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Phosphorous
|
P
| |
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Phosphate
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PO4
| |
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Zinc
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Zn
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Any user whose premises are used primarily for the conduct
of a profit-oriented enterprise in the fields of construction, wholesale
or retail trade, finance, insurance, real estate or services, and
who discharges primarily normal domestic wastewater.
Biochemical oxygen demand, suspended solids, phosphorus,
ammonia, or pH, plus additional pollutants identified in the WPDES
permit for the publicly owned treatment works receiving the pollutant
if such works were designed to treat such additional pollutants to
a substantial degree.
Water-carried wastes normally discharging into the sanitary
sewers from dwellings (including apartment houses and condominiums)
and commercial establishments, free from stormwater and industrial
waste. Domestic wastewater shall have a strength equal to or less
than 250 mg/l BOD5, 250 mg/l suspended solids,
and elemental phosphorus equal to or less than 12 mg/l.
An acquired legal right for the specific use of property
owned by another.
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 fat if
it is properly pretreated and the wastewater does not interfere with
the collection of treatment system.
The residue from the preparation, cooking, and dispensing
of food, and from the handling, storage, and sale of food products
and produce.
The residue from the preparation, cooking, and dispensing
of food that has been shredded to such degree that all particulates
will be no greater than 1/2 inch in any dimension and will be carried
freely in suspension under normal flow conditions in sewers.
The area outside the POTW's sewer service area, but
inside or equal to the POTW's planning area where a contract
has been developed for holding tank wastewater to be treated at the
wastewater treatment facility.
Wastewater with pollutants of such a strength that will adversely
affect or disrupt the wastewater treatment processes or effluent quality
or sludge quality if discharged to the sewerage system facility.
The wastewater from industrial process, trade, or business,
as distinct from sanitary sewage, including cooling water and the
discharge from sewage pretreatment facilities.
A person or business holding a valid license to do septage
servicing under Ch. NR 113, Wis. Adm. Code.
Is permissible.
The wastewater of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water, and stormwater that
may have entered inadvertently the sewerage system. Also termed "sewage."
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water.
Any and all persons, including any individual, firm, company,
municipal or private corporations, association, society, institution,
enterprise, government agency, or other entity.
The logarithm of the reciprocal of hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams per liter
of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen ion concentration of 10.
Any sewer provided by or subject to the jurisdiction of the
Village of Clyman. It shall also include sewers within or outside
the corporate boundaries that serve one or more persons and ultimately
discharge into the Village's sanitary sewer system, even though
those sewers may not have been constructed with Village funds.
The total phosphorus in wastewater, which may be present
in any of three principal forms: orthophosphates, polyphosphates,
and organic phosphates. Quantitative determination of total phosphorus
shall be made in accordance with procedures set forth in "Standard
Methods."
Publicly owned treatment works. It is used interchangeably
with "wastewater treatment facility" (WWTF).
All costs associated with establishing a fund to accumulate
the necessary resources to replace equipment as required, to maintain
capacity and performance during the design life of the facility. A
separate segregated district replacement fund shall be established
and used only for replacement of equipment.
The system whereby sewer user charges can be distributed
amongst the different types of users on an equitable basis. The unit
is use-based, and is established using a neutral parameter such as
gallons of water used or volume of wastewater expected from a user.
Any user whose premises are used primarily as a domicile
for one or more persons and discharges only domestic wastes, but not
including dwellings classified as "commercial user."
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities, together with such
groundwater, surface water, and stormwater as may have inadvertently
entered the sewerage system.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with small quantities of groundwater, stormwater, and surface
water that are not admitted intentionally.
The wastewater or contents of septic or holding tanks, dosing
chambers, grease interceptors, seepage beds, seepage pits, seepage
trenches, privies or portable rest rooms.
The spent water of a community. The preferred term is "municipal
wastewater."
All structures, conduits and pipes, by which sewage is collected,
treated, and disposed of, except plumbing inside and in connection
with buildings served, and service pipes, from building to street
main.
The areas presently served and anticipated to be served by
a municipal wastewater collection system. State regulations (Ch. NR
121, Wis. Adm. Code) require that water quality management plans delineate
sewer service areas of urban areas with a population of over 10,000.
Approved facility plans contain less detailed sewer service areas
for communities under 10,000 in population.
A service charge levied on users of the wastewater collection
and treatment facilities for payment of use-related capital expenses
as well as the operation and maintenance costs, including replacement
of said facilities.
The common sanitary sewers within a sewerage system which
are primarily installed to receive wastewaters directly from facilities
which convey wastewater from individual structures or from private
property, and which include service connection Y fittings designed
for connection with those facilities. The facilities which convey
wastewater from individual structures, from private property to the
public sanitary sewer, or its equivalent, are specifically excluded
from the definition of "sewerage collection system"; except that pumping
units and pressurized lines for individual structures or groups of
structures may be included as part of a sewer system when such units
are cost effective and are owned and maintained by the sewerage owner.
Is mandatory.
Any substance release at a discharge rate and/or concentration
which cause interference to wastewater treatment processes or plugging
or surcharging of the sewer system.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water,
Sewage, and Industrial Wastes" published jointly by the American Public
Health Association, the American Water Works Association and the Water
Pollution Control Federation.
Drain or sewer for conveying surface water, groundwater,
or subsurface water of unpolluted water from any source.
That portion of the rainfall that is collected and drained
into the storm sewers.
Solids that either float on the surface of, or are in suspension
in, water, wastewater, or other liquids, and that is removable by
laboratory filtering as prescribed in "Standard Methods" and is referred
to as nonfilterable residue.
Water of quality equal 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.
Any person who discharges or causes to be discharged, domestic
wastewater, industrial discharges or any other wastewater into the
public sewer system.
The structures, equipment, and processes required to collect,
carry away, store, and treat domestic and industrial waste and septage
and dispose of the effluent and sludge.
An arrangement of devices and structures for treating wastewater,
septage, industrial waste, and sludge. Sometimes used synonymously
with "waste treatment facility," "wastewater treatment facility(ies)
(WWTF)," or "publicly owned treatment works (POTW)."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
The document issued by the State of Wisconsin Department
of Natural Resources which establishes effluent limitations and monitoring
requirements for a municipal wastewater treatment facility.
The management, operation, and control of the sewer system for
the Village of Clyman shall be vested in the Village of Clyman Board;
all records, minutes and all written proceedings thereof as well as
all financial records shall be kept by the Village of Clyman Clerk/Treasurer.
A.
Construction. The Village shall have the power to construct wastewater
treatment facilities, transport facilities, and sewer lines for public
use, and shall have the power to lay sewer pipes in and through the
alleys, streets, and public grounds of the Village, and generally
to do all such work as may be found necessary or convenient in the
management of the sewer system. The Village shall have power by itself,
its officers, agents, and servants, to enter upon any land for the
purpose of making examination or supervise in the performance of its
duties under this article, without liability therefore, and the Village
shall have power to purchase and acquire for the Village all real
and personal property which may be necessary for construction of the
sewer system, or for any repair, remodeling, or additions thereto.
B.
Maintenance of services. The owner shall maintain sewer service from the street main to the house and including all controls between the same, without expense to the Village, except when they are damaged as a result of negligence or carelessness on the part of the Village. All sewer services must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property. 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. Each new service shall conform to the requirements set forth in § 346-12 of this article.
C.
Condemnation of real estate. Whenever any real estate or any easement
therein, or use thereof, shall in the judgment of the Village be necessary
to the sewer system, and whenever, for any cause, an agreement for
the purchase thereof cannot be made with the owner thereof, the Village
shall proceed with all necessary steps to take such real estate easement,
or use by condemnation in accordance with the Wisconsin Statutes an
the Uniform Relocation and Real Property Acquisition Policy Act of
1970, if federal funds are used.
D.
Title to real estate and personalty. All property, real, personal,
and mixed, acquired for the construction of the sewer system, and
all plan, specifications, diagrams, papers, books and records connected
therewith said sewer system, and all buildings, machinery, and fixtures
pertaining thereto shall be the property of the Village.
A.
General.
(1)
The rules, regulations, and sewer rates of the Village hereinafter
set forth shall be considered a part of the contract with every person,
company or corporation who is connected to or uses the Village sewer
system or wastewater treatment facility, and every such person, company
or corporation by connecting with the sewer system or wastewater treatment
facility shall be considered as expressing their assent to be bound
thereby. Whenever any of said rules and regulations, or such others
as the Village may hereafter adopt, are violated, the use or service
shall be shut off from the building or place of such violation (even
though two or more parties are receiving service through the same
connection) and shall not be reestablished except by order of the
Village and on payment of all arrears, the expenses and established
charges of shutting off and putting on, and such other terms as the
Village may determine, and a satisfactory understanding with the party
that no further cause for complaint shall arise. In case of such violation,
the Village, furthermore, may declare any payment made for the service
by the party or parties committing such violation to be forfeited
and the same shall thereupon be forfeited. The right is reserved to
the Village to change these said rules, regulations, and sewer rates
from time to time as they may deem advisable and make special rates
and contracts in all proper cases.
(2)
The following rules and regulations for the government of licensed
plumbers, sewer users and others are hereby adopted and established.
B.
Plumbers. No plumber, pipe fitter, or other person will be permitted
to do any plumbing or pipe fitting work in connection with the sewer
system without first receiving a license from the State of Wisconsin
and obtaining permission from the Village. All service connections
to the sewer main shall comply with State Plumbing Code.
C.
Users.
(1)
Mandatory hook-up.
(a)
The owner of each parcel of land adjacent to a sewer main on
which there exists a building usable for human occupancy, or in a
block through which such system is extended, shall connect to the
sewer within 10 days of notice, in writing, from the Village. Upon
failure to do so, the Village may cause such connection to be made
and bill the property owner for such costs. If such costs are not
paid within 30 days, such notice shall be assessed as a special tax
lien against the property, however, the owner may within 30 days after
the completion of the work file a written option with the Village
stating that he or she cannot pay such amount in one sum and asking
that it be levied in not to exceed 10 equal installments and that
the amount shall be so collected with interest at the rate of 18%
per annum from the completion of the work, the unpaid balance being
a special tax lien, all pursuant to §§ 66.0715, Wisconsin
Statutes.[1]
(b)
This article ordains that the failure to connect to the sewer
system is contrary to the minimum health standards of the Village
and fails to assure preservation of public health, comfort, and safety
of the Village.
(2)
Septic tank prohibited. The maintenance and use of septic tanks,
holding disposal systems within the area of the tanks and other private
sewage disposal serviced by its sewer system are hereby declared to
be a public nuisance and a health hazard. From and after the date
and adoption of this article, the use of septic tanks, holding tanks
or any private sewage disposal system within the area of the Village
serviced by the sewerage system shall be prohibited.
(3)
Application for sewer service. Every person desiring to connect to
the sewer system shall file an application in writing to the Village
on such forms as is prescribed for that purpose. Blanks for such applications
will be furnished at the Clyman Village Hall. The application must
state fully and truthfully all the wastes which will be discharged.
The application must provide the complete, correct legal description
of the property to be served.
(b)
If the applicant is not the owner of the premises, the written
consent of the owner must accompany the application. A copy of Form
1, Village of Clyman Application/Contract Sewer Connection is located
in Appendix A of this article.[2] Persons connected to the sewer system of the Village are
referred to herein as "users."
[2]
Editor's Note: Said form is on file in the Village office.
(c)
If it appears that the service applied for will not provide
adequate service for the contemplated use, the Village may reject
the application. If the Village approves the application, it shall
issue a permit for service as shown on the application.
(4)
Application for septage disposal. Septage shall not be accepted for
discharge to the Village sewerage system or treatment facility.
(6)
Tap permits. After sewer connections have been introduced into any
building or upon any premises, no plumber shall make any alterations,
extensions, or attachments, unless the party ordering such tapping
or other work exhibits the proper permit for the same from the Village.
(7)
User 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 overburdening of the sewer system.
(8)
Backflow preventer: not required.
(9)
Foundation drain, sump pump, and roof drain discharges to the sanitary
sewer are prohibited. No foundation drains, sump pumps, roof drains,
or catch basin drains are permitted to discharge to the sanitary sewer
system. Stormwater and clearwater sources must be excluded from the
sanitary sewer system.
(10)
User use only. No user shall allow other persons or other services
to connect to the sewer system through their lateral.
(11)
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 Village must be
notified in writing. The owner of the premises shall be liable for
any damages to the property of the system other than through the fault
of the system or its employees, representatives, or agents.
(12)
User to permit inspection. Every user shall permit the Village
or its duly authorized agent, 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 must at all times, frankly and without concealment, answer
all questions put to them relative to its use, all in accordance with
this article and § 196.171, Wisconsin Statutes.
(13)
Utility responsibility. It is expressly stipulated that no claim
shall be made against the Village or acting representative by reason
of the breaking, clogging, stoppage, or freezing of any service pipes;
nor from any damage arising from repairing mains, making connections
or extensions or any other work that may be deemed necessary. The
right is hereby reserved to cut off the service at any time for the
purpose of repairs of any other necessary purpose, any permit granted
or regulations to the contrary notwithstanding. Whenever it shall
become necessary to shut off the sewer within any district of the
Village, the Village shall, if practicable, give notice to each and
every consumer within the Village affected by the shut off, the time
when such service will be shut off.
(14)
Excavations.
(a)
In making excavations in streets or highways for laying service
pipe or making repairs, the paving and the earth removed must be deposited
in manner that will result in the least inconvenience to the public.
(b)
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 must be maintained at such excavations.
(c)
In refilling the opening, after the service pipes are laid,
the earth must be laid in layers of not more than nine inches in depth,
and each layer thoroughly compacted to prevent settling. This work,
together with the replacing of sidewalks, ballast and paving, must
be done so as to make the street as good, at least, as before it was
disturbed, and satisfactory to the Village. No opening of the streets
for tapping the pipes will be permitted when the ground is frozen.
(15)
Tapping the mains.
(a)
No persons, except those having special permission from the
Village or persons in their service and approved by them, will be
permitted under any circumstances to tap the mains or collection pipes.
The kind and size of the connection with the pipe shall be that specified
in the permits or order from the Village to ensure that new sewers
and connections to the sewer system are properly designed and constructed.
(b)
Pipes should always be tapped on top, and not within six inches
(15 cm) of the joint, or within 24 inches (60 cm) of another lateral
connection. All service connections to mains must comply with State
Plumbing Code. Lateral connections to existing sewers shall be made
with saddles and by coring the existing sewer or by inserting (cutting-in)
a wye or tee into the existing sewer. The wye or tee shall be of the
same pipe material as the existing sewer. The lateral/tee connection
shall be made with approved adaptors or couplings.
(16)
Installation of house laterals.
(a)
All service pipes (laterals) on private property will be installed
in accordance with State of Wisconsin Administrative Code Ch. SPS
382, Design, Construction, Installation, Supervision, and Inspections
of Plumbing, especially, § SPS 382.30, Sanitary Drain Systems.
(17)
Extensions. The Village shall extend sewer mains to a new person
in accordance with the following charges and the following conditions:
(a)
When an extension of a sewer main is required by the prospective
user, said person shall make an application on such a form as is prescribed
for that purpose for such an extension, in writing, to the Village
by filing of such an application. The Village shall first determine
the logical location of the next manhole or manholes. Next, the Village
shall determine the length and location of the extension, taking into
consideration the prospective demands for service, the capacity of
downstream facilities, and the orderly development of the particular
area. No extension shall be made for a distance less than to the next
manhole. All sewer extensions shall be constructed in compliance with
local and state laws, ordinances, and regulations.
(b)
The person who requests the extension shall pay the entire cost
of said extension, including the manhole or manholes that are part
of the extension. If more than one user in involved, the entire cost
shall be divided among these users.
(c)
In addition to the charge made as above provided to each lot,
each user shall pay the full cost of the lateral from the main to
their building.
(18)
Septage acceptance location. Septage shall not be accepted for
discharge to the Village sewerage system or treatment facility.
(19)
Private systems prohibited. The maintenance and use of private
sewage disposal systems within the area of the Village are hereby
declared to be a public nuisance and a health hazard. The use of any
private sewage disposal system within the boundaries of the Village
serviced by the sewerage system shall be prohibited.
(20)
Additional authority.
(a)
The Village may at any time establish specific connection and
lateral charges for any main not covered by other provisions in this
article or when the Village has made an extension and the Village
has failed to provide lateral or connection charges.
(b)
It is further provided that the Village may amend or alter any
connection or lateral charge after its establishment under the terms
of this article or previous ordinance or resolutions.
(c)
It is further provided that the Village may require a user to
provide special waste treatment, pretreatment, pumping, grinding,
or other practices, to be maintained at the user's expense, if
the Village or its duly authorized representative determines the wastewater
from that user merits such measures prior to discharge to the sewerage
system and POTW.
A.
General discharge prohibitions. No discharger shall contribute or
cause to be discharged, directly or indirectly, any of the following
described substances into the wastewater disposal system or otherwise
to the facilities of the Authority:
(1)
Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction to cause
fire or explosion or be injurious in any other way to the operation
of the Village of Clyman wastewater facilities or wastewater treatment
works. This includes, but is not limited to, gasoline, naphtha, fuel
oil, lubricating oil, and benzene.
(2)
Solid or viscous substances which will or may cause obstruction to
the flow in a sewer or other interference with the operation of the
wastewater system. This includes, but is not limited to, ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure, etc.
(3)
Any wastewater having a pH less than 5.0 or higher than 10.0 or having
any other corrosive property capable of causing damage, or hazard
to structures, equipment, or personnel of the system.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction, to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, or to
exceed the limitation set forth in state or federal categorical pretreatment
standards. A toxic pollutant shall include, but not be limited to,
any pollutant identified in the toxic pollutant list set forth in
Ch. NR 215 of the Wisconsin Administrative Code.
(5)
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction are capable of creating a public nuisance
or hazard to life or are sufficient to prevent entry into the sewers
for their maintenance and repair.
(6)
Any substance which may cause the Village of Clyman effluent or treatment
residues, sludges, or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process.
(7)
Any substance which will cause the Village of Clyman to violate its
WPDES and/or other disposal system permits.
(8)
Any substance with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature which will inhibit biological
activity in the Village of Clyman treatment works resulting in interference;
but in no case, wastewater with a temperature at the introduction
into the publicly owned treatment works which exceeds 40° C.(104
° F.).
(10)
Any slug load, which shall mean any pollutant, including oxygen
demanding pollutants (BOD, etc.), released in a single extraordinary
discharge episode of such volume or strength as to cause interference
to the publicly owned treatment works.
(11)
Any unpolluted water, including, but not limited to, noncontact
cooling water.
(12)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as exceed limits established by
the Authority in compliance with applicable state or federal regulations.
(13)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(14)
Any stormwater, surface water, groundwater, roof runoff or surface
drainage or any other connections from inflow sources to the sanitary
sever. Such waters may be discharged to a storm sewer or other waterway
with permission of the Village.
(15)
Any garbage that has not been properly shredded. Garbage grinders
may be connected to sanitary sewers from homes, hotels, institutions,
restaurants, or similar places where garbage originates from the preparation
of food in kitchens for the purpose of consumption on the premises
or when served by caterers.
(16)
Any septage into a sewer manhole or any storage area located
in the collection system which would cause the septage to be delivered
to the wastewater treatment facility.
(17)
Any water or wastes which may contain more than 100 parts per
million by weight of fat, oil, or grease.
B.
Limitations on wastewater strength.
(1)
National categorical pretreatment standards. National categorical
pretreatment standards as promulgated by the U.S. Environmental Protection
Agency shall be met by all dischargers of the regulated industrial
categories.
(2)
State requirements. State requirements and limitations on discharges
to the publicly owned treatment works shall be met by all dischargers
which are subject to such standards in any instance in which they
are more stringent than federal requirements and limitations or those
in this or any other applicable ordinance.
(3)
Right of revision. The Authority reserves the right to amend this
article to provide for more stringent limitations or requirements
for discharges to the publicly owned treatment works where deemed
necessary to comply with the objectives set forth in this article.
(4)
Dilution. No discharger shall increase the use of potable or process
water in any way, nor mix separate waste streams for the purpose of
diluting a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the standards set forth in this
article.
(5)
Accidental discharges.
(a)
Each discharger shall provide protection from accidental discharge
of prohibited or regulated materials or substances established by
this article. Where necessary, facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the discharger's
cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the authority
for review, and shall be approved by the authority before construction
of the facility. Review and approval of such plans and operating procedures
by the authority shall not relieve the discharger from the responsibility
to modify its facility as necessary to meet the requirements of this
article.
(b)
Dischargers shall notify the Authority immediately upon the
occurrence of a slugload, or accidental discharge of substances prohibited
by this article. The notification shall include location of discharge,
date and time thereof, type of waste, concentration and volume, and
corrective actions. Any discharger who discharges a slugload of prohibited
materials shall be liable for any expense, loss or damage to the Village
of Clyman wastewater facilities or wastewater treatment works, in
addition to the amount of any fines imposed on the authority on account
thereof under state or federal law.
(c)
Signs shall be permanently posted in conspicuous places on discharger's
premises, advising employees whom to call in the event of a slug or
accidental discharge. Employers shall instruct all employees who may
cause or discover such a discharge with respect to emergency notification
procedure.
A.
DEBT SERVICE CHARGES
NORMAL DOMESTIC STRENGTH WASTEWATER
NORMAL USER
OPERATION AND MAINTENANCE COSTS
REPLACEMENT COSTS
SEWER SERVICE CHARGE
Definitions. The following terms shall have the following meaning
under this article:
Includes all costs associated with repayment of debts incurred
for the construction and/or rehabilitation of wastewater collection
system and treatment facility.
Wastewater with concentrations of BOD5 and suspended solids no greater than 250 and 250 milligrams per
liter (mg/l), respectively. (NOTE: Milligrams per liter shall be determined
for each treatment plant individually.)
A user whose contributions to the sewerage system consist
only of normal domestic strength wastewater originating from a house,
apartment, flat, or other living quarters occupied by a person or
person constituting a distinct household, business or commercial enterprise.
Includes all costs associated with the operation and maintenance
of the wastewater collection and treatment facilities.[1]
Includes all costs necessary to accumulate the resources
to replace equipment as required to maintain capacity and performance
during the design life of the facility. (NOTE: Replacement - The design
life of the facility is 20 years.) A separate segregated distinct
replacement fund shall be established and used for only replacement
of equipment.
A service charge levied on users of the sewerage system for
payment of capital expenses as well as the operation and maintenance
costs, including replacement of said facilities.
B.
Policy. It shall be the policy of the Village of Clyman to obtain
sufficient revenues to pay the costs of the operation and maintenance
of the sewerage facilities, including a replacement fund (i.e., a
cash account to be used for future expenditures for obtaining or installing
equipment, accessories or appurtenances which are necessary to maintain
the capacity and performance of the sewerage system during the service
life for which such facilities were designed and constructed), through
a system of sewer service charges as defined in this section. The
system shall assure that each user of the sewerage system pays their
proportionate share of the cost of such facilities.
C.
Basis for service charge.
(1)
The minimum monthly billing (NOTE: A portion of the debt service
may be budgeted by levying an ad valorem tax in accordance with state
statutes. Operation, maintenance and replacement costs cannot be put
on the ad valorem tax base unless the municipality had an ad valorem
tax base before December 1977.) shall be sufficient to pay the billing
and customer-related administration expenses. The unit price per volume
shall be sufficient to pay the remaining annual cost of operation
and maintenance, including any replacement fund, of the sewerage facilities.
The method for determining the user charges is given in the user charge
system. The Village has provided the initial estimates of number of
users, costs, etc., to calculate the first year's user charges.
See samples following the methodology of the rates in this section.
(NOTE: This is only a suggested method. Other methods may be utilized.)
(2)
The rates in this article shall be reviewed not less than annually.
Such review shall be performed by the Village and the rates shall
be adjusted, as required, to reflect actual number and size of users
and actual costs.
D.
Sewer service charges. A sewer service charge is hereby imposed upon
each lot, parcel of land, building, or premises served by the public
sewer and wastewater facilities or otherwise discharging sewage, including
industrial wastes, into the public sewerage system. Such sewer service
charge shall be payable as hereinafter provided and in amount determinable
as follows:
(1)
Category A is defined as normal or domestic strength wastewater having
organic concentrations of biochemical oxygen demand (BOD5) no greater than 250 milligrams per liter (mg/L) and
suspended solids no greater than 250 milligrams per liter (mg/L).
The sewer service charge for Category A wastewater is as follows:
|
Customer Sewer Service Charge Per Year With One Customer on
Each Meter
| |
|---|---|
|
V.C. - C.V. x V.
|
|
V.C.
|
—
|
Total volumetric charge
| |
|
V.
|
—
|
Total volume of water used during billing period in units of
1,000 gallons.
| |
|
CV.
|
—
|
Volume unit price - $11.37 per 1,000 gallons.
|
|
Note: The conversion factor used to convert gallons to cubic
feet is 7.48 gallons per cubic foot.
| |
|
$1.74 is for operation and maintenance
| |
|
$0.76 is for replacement costs.
| |
|
$8.87 is for debt retirement costs.
|
A.
Payment and penalty. The sewerage service charge shall be for the
corresponding period of the water bills, and shall be payable to the
Village not later than 20 days after the end of each period. A penalty
of 5% per month shall be added to all bills not paid by the date fixed
for final payment.
B.
Charges a lien. All sewage charges shall be a lien upon the property
serviced pursuant to § 66.0821, Wisconsin Statutes, and
shall be collected in the manner therein provided.
C.
Disposition of revenue. The amounts received from the collection
of charges authorized by this article shall be credited to a sanitary
sewerage account which shall show all receipts and expenditures of
the sewerage system. When appropriated by the Village, the credits
to the sanitary sewerage account shall be available for the payment
of the requirements for operation, maintenance, repairs, and depreciation
of the sewerage system consistent with § NR 162.11, Wis.
Adm. Code. Any surplus outside the preview of § NR 162.11
in said account shall be available for the payment of principal and
interest of bonds issued and outstanding, or which may be issued,
to provide funds for said sewerage system, or part thereof, and all
or a part of the expenses for additions and improvements and other
necessary disbursements or indebtedness, and the Village may resolve
to pledge each surplus or any part thereof for any such purpose. All
present outstanding sewer system general obligation bonds, including
the refunding bonds, shall be paid from this fund as to both principal
and interest.
D.
Additional charges. Additional charges shall be imposed upon each
lot, parcel of land, building, or premises served by public sewer
and wastewater facilities located outside the boundaries of the Village
to equalize local capital costs. Such additional charges shall result
in a minimum charge for each user according to the schedule for debt
repayment from utility revenues. Such additional charges shall be
added to the sewer bill for each billing period. (NOTE: These costs
may be charged differently as each community determines on a case
by case basis.)
E.
Excess revenues. Excess revenues collected from a user class will
be applied to operation and maintenance costs attributable to that
class for the next year.
The Village shall have conducted an independent annual audit,
the purpose of which shall be to maintain the proportionality between
users and user classes of the user charge system and to ensure that
adequate revenues are available relative to increasing operation,
maintenance and replacement costs and debt retirement. The findings
and recommendations of this audit shall be available for public inspection
at the Village Hall upon a request being made in writing to the Village
Clerk-Treasurer.
A.
Damages. No unauthorized person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface, or tamper with
any structure of pertinence of equipment which is a part of the sewerage
system. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
B.
Written notice of violation. Any person connected to the sewerage
system found to be violating a provision of this article shall be
served by the Village with a written notice stating the nature of
the violation and providing a reasonable time for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations.
C.
Accidental discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the sewerage system which causes
damage to the sewerage system and/or receiving water body shall, in
addition to a fine, pay the amount to cover all damages, both of which
will be established by the Village.
D.
Accidental discharge reporting. Any person responsible for an accidental
discharge, that may have a detrimental impact on the sewerage system,
shall immediately report the nature and amount of the discharge to
Village.
E.
Continued violations. Any person, partnership, or corporation, or
any officer, agent, or employee thereof, who shall continue any violation
beyond the aforesaid noticed time limit provided, shall, upon conviction
thereof, forfeit not less than $500, together with the cost of prosecution
per violation. In default of payment of such forfeiture and costs,
said violator shall be imprisoned in the county jail for a period
not to exceed 20 days. Each day in which any violation is continued
beyond the aforesaid notice time limit shall be deemed a separate
offense.[1]
F.
Liability to Village for losses. Any person violating any provision
of this article shall become liable to the Village for any expense,
loss, or damage occasioned by reason of such violation which the Village
may suffer as a result thereof.
G.
Damage recovery. The system shall have the right of recovery from
all persons, any expense incurred by said system for the repair or
replacement of any part of the sewerage system damaged in any manner
by any person by the performance of any work under their control,
or by any negligent acts.
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 or discharge without first having obtained a permit therefor, or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference, shall, upon conviction thereof, forfeit not less than $500 and the costs of prosecution. This, however, shall not bar the Village from enforcing the connection duties set out in § 346-12C for mandatory hookup.[2]
I.
Appeal procedures. Any user, affected by any decision, action, or
determination, including cease and desist orders, made by the interpreting
or implementing provisions of this article may file with the Village
a written request for reconsideration within 10 days of the date of
such decision, action, or determination, setting forth in detail the
facts supporting the user's request for reconsideration. The
Village shall render a decision on the request for reconsideration
to the user in writing within 15 days of receipt of request. If the
ruling on the request for reconsideration made by the Village is unsatisfactory,
the person requesting reconsideration may, within 10 days after notification
of the action, file a written appeal with the Dodge County Circuit
Court.
The Village, through its duly qualified governing body, may
amend this article in part or in whole whenever it may deem necessary.
