[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 13.01
to 13.20 of the 2005 Code]
This article is adopted under the authority granted by §§ 62.18,
62.185 and 62.19, Wis. Stats.
This article shall be known as, referred to and cited as the
"User Charge, Industrial Cost Recovery and Sewer Use Ordinance for
the City of Lancaster, State of Wisconsin."
The Council hereby finds that the requirements for the construction
of waste treatment works to improve the quality of effluent discharges
from the City establish the necessity of:
The purpose of this article is to promote the public health,
safety, prosperity, aesthetics and general welfare of the citizens
of the City. It is further intended to provide for administration
and enforcement of this article and to provide penalties for its violation.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, rules, regulations, ordinances or permits previously adopted
or issued pursuant to law. However, wherever this article imposes
greater restrictions, the provisions of this article shall govern.
In their interpretation and application, these provisions shall
be held to be minimum requirements and shall be liberally construed
in favor of the City and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes.
For the purpose of this article, the following definitions shall
be used. Words used in the present tense include the future; the singular
number includes the plural number; and the plural number includes
the singular number. The word "shall" is mandatory and not directory,
while the word "may" is permissive.
The Federal Water Pollution Control Act, Amendments of 1972,
as amended, Public Law 92-500, as amended, 33 U.S.C. § 1251
et seq. (Supp. IV, 1974), Clean Water Act of 1977, Federal Register,
Vol. 43, No. 188.
The Regional Administrator of Region V of the U.S. Environmental
Protection Agency.
An audit as a separate report from other funds and shall
cover the following: financial operations are properly conducted;
financial reports are presented fairly; applicable laws and regulations
have been complied with; resources are managed and used in an economical
and efficient manner; desired results and objectives are being achieved
in a financially effective manner.
A user's recorded quarterly water usage as metered by
the appropriate water utility, plus metered water from wells and other
sources, and less any sewer-exempt metered data, times the City-approved
percentage factor for wastewater entering the sewer system out of
the metered water. Residential users on unmetered wells and users
with no history of billable flow shall have their billable flow estimated
by averaging the billable flow of other residential users of the same
class.
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedures in five days at 20° C.
A user's loading in pounds of BOD calculated using the
billable flow and concentration of BOD in the waste as determined
by the Director of Public Works. Minimum waste strength of BOD shall
be the domestic waste concentration of 200 mg/l for the purpose of
billing for user charges.
That part of the lowest horizontal piping of a drainage system
which receives sanitary or industrial sewage only, is located inside
the walls of a building and conveys the sewage to the building sewer,
which begins three feet outside the building wall.
That part of the lowest horizontal piping of a drainage system
which receives stormwater or other clear water discharge but receives
no wastewater from sewage or other drainage pipes, is located inside
the walls of a building and conveys the sewage to the building sewer,
which begins three feet outside the building wall.
The extension from the building drain to the public sewer
or other place of disposal and conveys only sanitary or industrial
sewage. This is also known as a "house connection."
The City of Lancaster.
The governing body of the City of Lancaster, Wisconsin.
Placing funds in control of the City, and, if the deposit
is in the form of a bank check, deposit shall not be deemed collected
within this definition until the applicable rules of the bank's
collection procedures are fulfilled.
An annual operating cost reflecting capital consumption and
obsolescence (reduction of future service potential) of real and personal
properties.
An acquired legal right, less than fee simple, for the specific
use of land owned by others.
Those expenditures authorized by the Common Council and made
payable from the accounts kept for the expenditures of the user charge
and industrial funds shall be limited to those for which the fund
was created.
Any number of organisms common to the intestinal tract of
man and animals whose presence in sanitary sewage is an indicator
of pollution.
A pipe in which wastewater is carried under pressure.
A process improvement in the increased size facilities or
a process improvement in existing facilities that is directly anticipated
to preclude physical betterments or is an indirect improvement to
the process as a result of renewal on a cost-effective basis.
The process deficiency of a functional element of a plant
beyond the capacity of a preventive maintenance program to such extent
that a new process device or piece of equipment would be more cost
effective.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the commercial handling, storage,
and sale of produce.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
(1.25 centimeters) in any dimension.
Any industry that will contribute greater than 10% of the
design flow and/or design pollutant loading of the treatment works.
The water unintentionally entering the public sewer system,
including sanitary building drains and sewers, from the ground through
such means as, but not limited to, defective pipes, pipe joints, connections
or manhole walls. Infiltration does not include and is distinguished
from inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
The water discharge into a sanitary sewer system, including
building drains and sewers, from such sources as, but not limited
to, roof leaders; cellar, yard and area drains; foundation drains;
unpolluted cooling water discharges; drains from springs and swampy
areas; manhole covers; cross-connections from storm sewers and/or
combined sewers; catch basins; stormwaters; surface runoff; and street
wash waters or drainage. Inflow does not include and is distinguishable
from infiltration.
A permit issued under the National Pollutant Discharge Elimination
System (NPDES) for discharge of wastewaters to the navigable waters
of the United States pursuant to § 402, Public Law 92-500,
as amended.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
groundwater.
Wastewater or sewage having an average daily suspended solids
(SS) concentration of not more than 250 mg/l and an average daily
BOD of not more than 200 mg/l.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in a pretreatment
facility approved by the City.
All costs, direct and indirect, not including debt service
but inclusive of expenditures attributable to administration, replacement
of equipment and treatment and collection of wastewaters necessary
to ensure adequate wastewater collection and treatment on a continuing
basis which conforms to applicable regulations and assures optimal
long-term facility management.
Any individual, firm, company, association, society, corporation
or group discharging any wastewater to the wastewater treatment facility.
For the purpose of the user charge system, all equipment
owned by the City and used in the transport and treatment of sewage.
Such equipment must be mechanical, electronic or electrical, or have
movable parts.
The term used to express the intensity of the acid or base
condition of a solution, calculated by taking the logarithm of the
reciprocal of the hydrogen ion concentration. The concentration is
the weight of hydrogen ions in grams per liter of solution.
The expansion of a physical facility to increase capacity
of the treatment works.
The material deficiency of a functional element of a treatment
plant to a point that repair as normal or preventive maintenance is
not cost-benefit effective.
Biochemical oxygen demand (BOD), suspended solids (SS), pH,
and fecal coliform bacteria, plus additional pollutants identified
in the NPDES permit, if the publicly owned treatment works was designed
to treat such pollutants and, in fact, does remove them to a substantial
degree.
Any nontreatable waste product including nonbiodegradable
dissolved solids.
The treatment of industrial sewage from privately owned industrial
sources by the generator of that source prior to introduction of the
waste effluent into a publicly owned treatment works.
A station positioned in the public sewer system at which
wastewater is pumped to a higher level.
For the purpose of the user charge, all fixed physical facilities
owned by the City and used in the transport and treatment of sewage
which do not have movable parts, such as buildings, tanks, sewers,
structures and the like.
The expenditures from reserve funds or other funds to overcome
physical and/or functional consumption of plant capacity or function
or obsolescence of the same, in order that the equivalent in function
of plant is present at the end of the anticipated useful life.
The expenditures for obtaining and installing equipment,
accessories, or appurtenances necessary during the service life of
the treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation and
maintenance costs," as defined herein, includes replacement costs.
An account for the segregation of resources to meet capital
consumption of personal or real property.
A method of keeping accounts of the segregated resources
over several years to determine the funds available to offset capital
expenditures to maintain an ongoing, on-line waste treatment facility.
The amount of money held in trust and deposit for the expansion
of the facilities, together with the interest earned thereon, for
the proration of the industrial cost recovery system fund.
The combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
including polluted cooling water and unintentionally admitted infiltration/inflow.
Wastes, including sanitary sewage, stormwater, infiltration
and inflow, carried to the wastewater treatment facilities by a combined
sewer.
A combination of liquid and water-carried wastes discharged
from any industrial establishment and resulting from any trade or
process carried on in that establishment, and shall include the wastes
from pretreatment facilities and polluted cooling water.
The combination of liquid and water-carried wastes discharged
from toilet and other sanitary plumbing facilities.
A sewer whose primary purpose is to collect wastewaters from
individual point source discharges.
A sewer intended to receive both wastewater and stormwater
or surface water.
[Amended 11-17-2014 by Ord. No. 2014-05[1]]
A sewer whose primary purpose is to transport wastewater
from collection sewers to a treatment facility.
A sewer which is not owned by the City.
A sewer which is owned and controlled by the City and is
separate from and does not include sewers owned by other governmental
units.
A sewer which carries only sanitary or sanitary and industrial
wastewaters from residences, commercial buildings, industrial plants
and institutions and to which storm, surface and groundwater are not
intentionally admitted.
A sewer that carries only stormwaters, surface runoff, street
wash and drainage, and to which sanitary and/or industrial wastes
are not intentionally admitted.
Any discharge of water or wastewater which in concentration
of any given constituent or in any quantity of flow exceeds for any
period of duration longer than 15 minutes more than five times the
allowable concentration or flows during a normal working day (i.e.,
one-, two- or three-shift operation) and shall adversely affect the
collection system and/or performance of the wastewater treatment works.
That concentration of matter in the sewage consisting of
colloidal particulate matter one micron in diameter or less, and both
organic and inorganic molecules and ions present in solution.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and is
removable by laboratory filtration as prescribed in "standard methods"
defined herein.
The sum of suspended and dissolved solids.
A user's loading in pounds of TSS calculated using the
billable flow and concentration of TSS in the waste as determined
by the City Engineer. Minimum waste strength of TSS shall be the domestic
waste concentration of 250 mg/l for the purpose of billing for user
charges.
[Amended 11-17-2014 by Ord. No. 2014-05]
The laboratory procedures set forth in the following sources:
Standard Methods for the Examination of Water and Wastewater, 13th
Edition, as amended, prepared and published jointly by the American
Public Health Association, American Water Works Association and Water
Pollution Control Federation; Methods for Chemical Analysis of Water
and Wastes, 1971, prepared and published by the Analytical Quality
Control Laboratory, United States Environmental Protection Agency;
Guidelines Establishing Test Procedures for the Analysis of Pollutants,
enumerated in 40 CFR 136; and any other procedures recognized by the
U.S. Environmental Protection Agency and the State Department of Natural
Resources.
[Amended 11-17-2014 by Ord. No. 2014-05]
The user's quarter starting in June, July or August
and ending accordingly in August, September or October.
Concentration of any pollutant or combination of pollutants
which, upon exposure to or assimilation into any organism, will cause
adverse effects such as cancer, genetic mutations and physiological
manifestations, as defined in standards issued pursuant to § 307(a),
Public Law 92-500, as amended.
The anticipated term in years of physical and/or functional
productivity of elements and/or the whole of the wastewater treatment
system, which can be reevaluated as a result of preventive maintenance,
renewal which offsets physical and/or functional obsolescence, renewal
of capital elements due to consumption and physical and/or functional
betterments, direct or indirect.
The system of charges levied on users for the cost of operation
and maintenance, including replacement reserve requirements on new
and old wastewater collection and treatment facilities.
For the purpose of the user charge system, a user engaged
in the purchase or sale of goods or in a transaction or business or
who otherwise renders a service.
For the purpose of the user charge system, a user whose premises
or building is used primarily as a domicile for one or more persons
and whose wastes originate from the normal living activities of its
inhabitants.
Per Federal Register, Vol. 43, No. 188, September 27, 1978,
quoted as follows:
Any nongovernmental, nonresidential user of a publicly owned
treatment works which discharges more than the equivalent of 25,000
gallons per day (gpd) of sanitary wastes and which is identified in
the Standard Industrial Classification Manual, 1972, Office of Management
and Budget, as amended and supplemented, under one of the following
divisions:
Discharges in the above divisions that have a volume exceeding
25,000 gpd or the weight of biochemical oxygen demand (BOD) or suspended
solids (SS) equivalent to that weight found in 25,000 gpd of sanitary
waste are considered industrial users. Sanitary wastes, for purposes
of this calculation of equivalency, are the wastes discharged from
residential users and containing 200 mg/l BOD and 250 mg/l SS.
The division of wastewater treatment customers by waste characteristics
and process discharge similarities or function, such as residential,
commercial, institutional, industrial or governmental.
The material in the sewage solids transformed to gases or
vapors when heated at 500° C. for 15 minutes.
The structures, equipment and processes required to collect,
transport and treat domestic and industrial wastes and to dispose
of the effluent and accumulated residual solids.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
Water of a quality equal to or better than the effluent criteria
in effect, or water that is of sufficient quality that it would not
be in violation of federal or state water quality standards if such
water were discharged into navigable waters of the state. Unpolluted
water would not be benefited by discharge to sanitary sewers and wastewater
treatment facilities provided.
All facilities for water supply, treatment, storage reservoirs,
water lines and services and booster stations for obtaining, treating
and distributing potable water.
[1]
Editor's Note: This ordinance also repealed a duplicate entry
for "sewer, combined."
A.Â
Establishment of revenue system. A user charge shall be assessed
to all users by the City in accordance with these provisions. The
City shall recover from industrial users in Public Law 92-500, as
amended, federal construction grant amount allocable to the construction
of facilities for treatment of wastes from such users by establishing
and maintaining an industrial cost recovery system in accordance with
the regulations promulgated by the U.S. Environmental Protection Agency.
B.Â
User charge system.
(1)Â
Budget and appropriation. The City Administrator shall annually prepare
an estimate of the anticipated costs for each category of user charge,
as outlined hereafter, for the coming year. These estimates shall
be in the form of a rate ordinance and shall be proposed to the Council
for enactment prior to the enactment of the budget of the ensuing
year.
[Amended 11-17-2014 by Ord. No. 2014-05]
(2)Â
Operation and maintenance charges.
(a)Â
Operation and maintenance costs shall be separated in accordance
with their applicability to flow, BOD, TSS and monitoring sampling/analysis.
The percentage breakdown shall be reviewed each year by the Public
Works Committee and approved by the Council.
(b)Â
Operation and maintenance costs for flow, BOD and TSS are totaled
for each. The unit charges for each are obtained by dividing the total
costs by the previous year's total billable flow in 1,000 gallons,
billable pounds of BOD and billable pounds of TSS and the monitoring
sampling/analysis costs for each industrial user by the number of
samplings/analyses per year for that user class.
(3)Â
Replacement charges.
(a)Â
The replacement charge shall be sufficient to replace any equipment
in the sewers or sewage works owned by the City as required, in order
to assure the continued peak performance of the equipment and to maintain
the capacity for which the sewers and sewage works were designed and
constructed. The service life for real and personal property shall
be established by the City Engineer in cooperation with the City auditors,
in accordance with experience of the City, federal guidelines and
accepted accounting procedures. Each piece of equipment shall be evaluated
annually to determine if its useful life has been extended as a result
of preventative maintenance programs or repairs.
(b)Â
Yearly replacement costs for each piece of equipment shall be
separated in accordance with their applicability to flow, BOD and
TSS. This breakdown shall be reviewed annually by the City Engineer
and approved by the Common Council.
[Amended 11-17-2014 by Ord. No. 2014-05]
(c)Â
The yearly replacement costs attributable to flow, BOD and TSS
shall be divided by the previous year's total billable flow in
1,000 gallons, billable pounds of BOD and billable pounds of TSS,
respectively, and totaled to obtain unit replacement charges.
(4)Â
Administrative and sampling charges.
(a)Â
The total administrative and overhead costs associated with
billing, collection and record keeping shall be determined by the
Common Council and assessed against users.
[Amended 11-17-2014 by Ord. No. 2014-05]
(5)Â
Additional charges. Additional charges shall be billed, as required,
for the following:
(a)Â
Actual costs incurred for user-requested samplings and analyses.
(b)Â
Actual costs incurred for water flow meter inspection requested
by the user or as required because of improper maintenance.
(c)Â
Actual costs incurred for special handling not provided for
elsewhere in this article.
(d)Â
Actual costs incurred for handling a user's check returned
because of insufficient funds.
(e)Â
Costs for revenue and bond amortization.
(f)Â
Each user discharging toxic pollutants which cause an increase
in the cost of managing the effluent or sludge of the treatment works
shall pay for such increased costs and toxic monitoring.
(6)Â
User charge rates. The sewer user charge for the City shall be as
determined by ordinance of the Council annually. Such ordinance shall
be on file in the office of the City Clerk/Treasurer.
[Amended 11-17-2014 by Ord. No. 2014-05]
C.Â
Wastewater treatment charges.
(1)Â
All users. The basic wastewater treatment bill to be paid by all users shall consist of user charges for operation, maintenance and replacement, using the unit charges from Subsection B(2) and (3) and user charges for billing and collection as described in Subsection B(4). The unit charges shall be applied to the user's billable flow.
(2)Â
Industrial and commercial users.
(b)Â
The City shall periodically sample and analyze wastes from selected
users in each industrial and commercial user classification to determine
the BOD and TSS strengths of the wastes, and these results shall be
used as representative of wastes from all users in that classification
for billing purpose unless the user's waste is classified by
the City Engineer as having special problems. At the request of the
user, samples shall be made and analyzed on the same frequency as
samples for the user's classification and that analysis shall
be used as typical of that particular user's waste for billing
purposes. Industries with waste classified by the City Engineer as
having special problems shall, if directed by the City Engineer, install
at the industry's own cost and in a structure located on the
building service line whatever sampling devices are required by the
City Engineer to obtain exact information about the waste.
D.Â
Wastewater treatment bill.
(1)Â
Bill period. A bill shall be prepared and submitted to each user
monthly.
(2)Â
Delinquent bills.
(a)Â
Any bill not paid 20 days after date of billing shall be declared
delinquent and a past due notice issued to the billed party. The past
due notice shall contain an additional handling charge to offset all
costs incurred for generating and issuing the past due notice.
(b)Â
Nonreceipt of any bill described in Subsection D(1) shall not release the user of liability for any of those charges. In any case where the user is responsible for the nonreceipt of the bill, the conditions herein described for late payment and penalties shall apply. In those instances where the City is responsible for the nonreceipt of the bill, the City may, at its discretion, grant the user an extension of the discount period and late payment conditions described herein.
A.Â
Money. All user charge payments shall be placed in the utility account. Such money shall be used only to cover the costs of operation and maintenance, replacement, toxics, handling, and sampling and other costs as outlined in § 355-12B of this article.
B.Â
Expenditures. Expenditures shall be made from the user charge monies
by the City in accordance with the detailed annual budget and ordinances
authorized by the Council.
C.Â
Replacement reserve expenditures. Expenditures from the accrued replacement
reserve on facilities shall be for making renewals to accommodate
wear of physical elements and/or movable property that would result
in an extended useful life or meet the anticipated useful life of
the present plant and not for plant expansion or additions.
D.Â
Renewals. Renewals to accommodate wear of physical elements and/or
movable property shall be capital expenditures that cause the annual
estimate for accrued reserves from replacement to be evaluated in
terms of extended useful life as a result of preventive maintenance
programs or of such renewals. The expenditures to overcome physical
and/or functional obsolescence shall be capitalized against the element
of the facility and charged to the fixed assets groups of accounts
as an improvement to such element. Future estimates of accrued reserve
requirements shall be evaluated and reflected in the replacement reserve
requirements.
E.Â
Audit. An audit shall be performed annually at the same time that
the other books of account of the City are audited and in the same
manner.
F.Â
User charge system for operating maintenance and revenue. The sewer
user charge for the City shall be as determined by ordinance of the
Council annually. Such ordinance shall be on file in the office of
the City Clerk/Treasurer.
A.Â
Conditions for discharge into treatment system.
(1)Â
Public wastewater collection facilities are required to be used for
the deposit of human wastes, garbage or other liquid wastes that cannot
be discharged into a receiving stream or disposed of in any other
matter in accordance with federal and state statutes, and state administrative
regulations, and approved by the Wisconsin Department of Natural Resources.
(2)Â
No building or facility shall be connected to any sewer unless the entire property on which the building or facility is situated is located within the corporate limits of the City except as provided in Subsection E of this section.
(3)Â
No person shall place, deposit or discharge, or cause to be placed,
deposited or discharged, upon public or privately owned property,
any wastewater within the corporate limits of the City unless done
so within adequately sized holding facilities approved by all applicable
federal, state and local agencies.
(4)Â
No person shall deposit or discharge, or cause to be deposited or
discharged, to any wastewater collection facilities, any solid, liquid
or gaseous waste unless through a connection approved under the terms
of this article.
(5)Â
No person shall discharge any sewage, waste or material, industrial
waste or any polluted water into a stream, in the air or onto the
land, except where the person has made and provided for treatment
of such wastes which will render the content of such wastes'
discharge in accordance with applicable City, state and federal laws,
ordinances and regulations.
(6)Â
In case of natural outlet discharges, at the time construction of
the waste treatment works is commenced, each owner or operator shall
furnish the City an approved National Pollutant Discharge Elimination
System (NPDES) permit setting forth the effluent limits to be achieved
by such pretreatment facilities and a schedule for achieving compliance
with such limits by the required date. The NPDES permit shall be kept
on file with the City Engineer and updated by such information as
periodically required by City, local, state and federal agencies.
(7)Â
Any person who owns property within the corporate limits of the City,
which property is improved with one or more residences, houses, buildings
or structures for, or intended for, human use, occupancy, employment
or any other similar purpose whatever, and which property abuts on
any street, alley or right-of-way in which there is located a sewer
within 100 feet from the nearest property line shall, within 90 days
after such sewer is in service, at his expense, install suitable toilet
and waste disposal facilities in the residences, houses, buildings
or structures and connect the facilities with the sewer in accordance
with the terms and provisions of this article. However, if compliance
with this subsection causes economic hardship to the person, he may
apply to the City for exemption. An application for exemption shall
state in detail the circumstances which are claimed to cause the economic
hardship. Exemptions shall only be granted to residential users and
shall not apply to commercial and industrial users. Any connection
to the sewer under this article shall be made only if the City determines
that there is capacity, including BOD and TSS capacity, available
in all downstream sewer lift stations, sewer lines and in the treatment
plant.
B.Â
Limitations on discharge.
[Amended 11-17-2014 by Ord. No. 2014-05]
(1)Â
No person shall discharge any stormwater, groundwater, surface drainage
or unpolluted industrial cooling waters to any sewer connected to
the City's waste treatment plant. New connections from inflow
sources into the sanitary sewer portions of the sewer at the time
this article is adopted shall be permitted to continue, but no new
connections emptying roof runoff or basement drainage into the sewer
shall be permitted after the date of this article.
(2)Â
Except as provided below, no person shall discharge or cause to be
discharged any of the following material to any sewer connected by
the City's treatment plant:
(a)Â
Any liquid or vapor having a temperature higher than 150°
F.
(b)Â
Any water or wastes which may contain more than 100 mg/l of
fat, oil, grease or hexane extractable material or substances which
may solidify or become viscous at temperatures between 32° and
150° F.
(c)Â
Gasoline, benzene, naphtha, fuel oil or other combustible, flammable
or explosive liquid, solid or gas of whatsoever kind or nature.
(d)Â
Any garbage that has not been properly shredded.
(e)Â
Any gases, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, or any
other solid or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of the sewage works.
(f)Â
Any water or wastes having a pH lower than six or higher than
nine, or having any other corrosive properties capable of causing
damage or hazard to sewers, structures, equipment or personnel of
the waste treatment works.
(g)Â
Any waters or waste containing any toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment
process or that would constitute a hazard to humans or animals, or
that could create any hazard in the receiving waters of the sewage
treatment plant.
(h)Â
Any waters or wastes containing BOD or suspended solids of such
character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment plant, except as
may be permitted by specific, written agreement with the City, which
agreement may provide for special charges, payments or provisions
for treating and testing equipment.
(i)Â
Any noxious or malodorous gas or substance capable of creating
a public nuisance.
(j)Â
Any amount of the following constituents exceeding that listed
below:
|
Substance
|
mg/l
|
Substance
|
mg/l
| |
|---|---|---|---|---|
|
Aluminum
|
800.0
|
Cyanide
|
1.2
| |
|
Arsenic
|
0.25
|
Fluorides
|
2.5
| |
|
Barium
|
2.0
|
Iron Total
|
56.0
| |
|
Boron
|
1.0
|
Lead
|
1.5
| |
|
Cadmium
|
2.0
|
Manganese
|
1.0
| |
|
Chlorides
|
700.0
|
Mercury
|
0.0005
| |
|
Chromium Total
|
21.8
|
Nickel
|
6.7
| |
|
Chromium (Hexavalent)
|
3.6
|
Phenols
|
0.3
|
(k)Â
Ammonia nitrogen in such an amount as would cause the City to
be in noncompliance with regulations of the State Department of Natural
Resources.
(3)Â
No provision of this section shall be construed to provide lesser
discharge standards than are presently or may hereafter be imposed
or required by the United States Environmental Protection Agency or
the State Department of Natural Resources.
C.Â
Pretreatment.
(1)Â
Grease, oil, and sand interceptors or retainers shall be installed
by the user at its own expense when, in the opinion of the City Engineer,
such are necessary for the proper handling of liquid wastes containing
grease, oils, or sand in excessive amounts, of any inflammable wastes,
and of such other harmful ingredients. Such interceptors shall be
of a type and capacity approved by the City Engineer and shall be
located as to be readily and easily accessible for cleaning by the
user and for inspection by the City Engineer.
(2)Â
Where installed, all grease, oil and sand interceptors shall be maintained
by the user, at his own expense, and shall be kept in continuous and
efficient operation at all times.
(3)Â
If the City approves the admission of any materials into its sewers as set forth in Subsection B(2) of this section, the City shall direct the user causing admission of any such materials to, at his own expense, construct, install and operate such preliminary treatment plants and facilities as may be required in order to:
(a)Â
Reduce the BOD to 200 parts per million and the suspended solids
to 250 parts per million by weight.
(b)Â
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection B(2) of this section.
(c)Â
Control the quantities and rates of discharge of such waters
or wastes.
(4)Â
No preliminary treatment plant and facility shall be constructed
or operated unless all plans, specifications, technical operating
data, and other information pertinent to its proposed operation and
maintenance shall conform to all City, U.S. Environmental Protection
Agency, State Department of Natural Resources and any other local,
state or federal agency regulations, and unless written approval of
the plans, specifications, technical operating data and sludge disposal
has been obtained from U.S. Environmental Protection Agency, State
Department of Natural Resources and any other local, state or federal
agency having regulatory authority with respect thereto.
(5)Â
All such preliminary treatment facilities as required by this article
shall be maintained continuously in satisfactory and effective operating
condition by the user or person operating and maintaining the facility
served thereby and at the user's expense.
(6)Â
No provision contained in this article shall be construed to prevent
or prohibit a separate or special contract or agreement between the
City and any industrial user whereby industrial waste and material
of unusual strength, character or composition may be accepted by the
City for treatment, subject to additional payment therefor by the
industrial user; provided, however, that such contract or agreement
shall have the prior approval of the City and also provided user charges
and industrial cost recovery payments are proportional to costs of
providing the service.
(7)Â
The City reserves the right to reject admission to the system of
any waste harmful to the treatment or collection facilities or to
the receiving stream.
D.Â
Private sewage treatment and disposal.
(1)Â
Where a public sewer is not available, as set forth in Subsection A of this section, the building or structure shall be connected to a private sewer, and a disposal or treatment system shall be constructed in compliance with the terms and provisions of all applicable City, county, state and federal laws and regulations.
(2)Â
Within 90 days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of Subsection A(7) of this section, a direct connection shall be made to the public sewer according to the terms and provisions of this article and all private sewers, disposal systems, septic tanks, cesspools and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned and all openings, tanks or other containers of human wastes, garbage and other wastes shall be permanently filled with granular material.
(3)Â
The City shall not be responsible in any way for the operation and
maintenance of a private sewer or disposal system or facility.
(4)Â
No provisions of this article shall be construed to provide lesser
requirements for private sewers and disposal systems than are presently
or may hereafter be imposed and required by any other local governmental
body or the state or federal government.
E.Â
Service and outlying territory.
(1)Â
The City, by resolution of the Council, shall have the right at its
discretion, upon payments, terms and conditions as may be mutually
agreed upon, to contract in writing for the right to use any sewer
serving property located wholly or partly outside the City's
corporate limits. (EPA District V policy prohibits the City from using
annexation as a requirement for sewer service.)
(2)Â
If a contract is made pursuant to Subsection E(1) of this section, a user of any sewer serving property wholly or partly outside the City's corporate limits shall be subject to all of the terms and provisions of this article and, in addition to all payments and charges, be required to pay all equivalent costs, taxes, charges and expenses as would be imposed upon and paid by a user situated within the corporate limits of the City.
(3)Â
If any property of a person desirous of becoming a user is situated
outside the City and not contiguous thereto so that it may not properly
be annexed to and become part of the City, the City, at its discretion,
may permit such a connection, provided that a contract providing essentially
the following is entered into between the City and the user:
(a)Â
The user may connect buildings situated only on the fully described
tract set forth in the agreement and in accordance with all applicable
laws, ordinances and regulations of the City and local, state and
federal governments.
(b)Â
The wastes and material discharged shall meet all present and
future standards for content and volume, and the user shall further
agree to pay all future connections, user and treatment or service
charges which are applicable to all property and users uniformly.
(c)Â
The user, his successors and assigns shall, in addition to costs
noted previously, pay annually an amount equivalent to City taxes
computed in the manner following:
[1]Â
The equalized assessed value of the user's taxable property
or of any subdivided part or separate tract thereof, as determined
by the proper authorities of Grant County, shall be multiplied by
that part or portion of the City's rate of tax upon real estate
and personal property situated within its corporate area for the year
when the tax rate is determined, as is attributable to the installation
of its sewer facilities.
[2]Â
The amount, when computed by the City, shall be charged to the
user, its successors and assigns, and the statement sent to the user
shall be paid within 30 days after the date of sending. Any amount
remaining unpaid after due dates shall draw interest at the rate of
9% per annum until paid.
[3]Â
The amount computed for use shall be prorated from the date
of the contract if the user used the sewer system for only a partial
year.
[4]Â
If the user, or any successor or assigns thereof, shall fail
to pay the amount when due, each and every sewer upon the property,
or any subdivided tract thereof for which payment is not made, shall
be disconnected by the owner from any other sewer which was connected
under the contract and ultimately attaches to the City treatment plant.
The user shall have caused or required its sewer system to be constructed
within the property in order that separate tracts may be so disconnected,
and hereby gave and granted the City an irrevocable easement for the
purpose of going upon the same and disconnecting any such sewer if
the producer, its successors or assigns fails to disconnect promptly
when such is required.
[5]Â
In addition to the right of disconnection, the City shall have
a lien upon the property or subdivided portion of it in the amount
of any unpaid charges due therefrom. Upon the filing of notice, the
lien shall be deemed perfected, and the lien may be charged and redeemed
or foreclosed and the property sold to satisfy the unpaid charges
in accordance with the Wisconsin Statutes.
[6]Â
The City shall have the additional right to file a civil suit
to recover the amount of the lien, the full costs incurred in disconnection
and all its reasonable legal expenses and attorney's fees incurred
as a result of the suit.
[7]Â
All amounts charged under Subsection E(3) are due and shall continue to be due hereunder, whether or not the sewer is disconnected, and no sewer shall be reconnected until the City is paid in full for all amounts due it and, in addition, there shall be paid to the City a deposit equal to an estimated amount of such charge for the next succeeding year. This deposit shall be held by the City in escrow and will be returned upon satisfactory payment of amounts due the City for a period of two years.
[Amended 11-17-2014 by Ord. No. 2014-05]
(d)Â
The City shall not, without its prior written consent and acceptance,
have dedicated to it or own any sewer system installed within the
property, and the producer, its successors and assigns shall maintain
the same at its own cost; provided, however, that this provision shall
not be construed to prohibit the dedication of part or all of the
sewer system to another unit of government.
(e)Â
Upon conveyance by the owner of all or any subdivided portion
or tract of property, the successor in title shall succeed to all
rights and liabilities hereunder, and the owner shall have no future
liability to the City thereunder in respect to such tract except as
shall have accrued as of the date the instrument of conveyance is
recorded in the office of the Register of Deeds of Grant County.
[Amended 11-17-2014 by Ord. No. 2014-05]
(f)Â
If such property therein described, or any subdivided or separate
tract thereof, shall annex to the City by proper ordinance, the agreement
executed pursuant to this subsection as to such property, or the subdivided
or separate tract thereof which is so annexed, shall then terminate
and be of no further force and effect.
(g)Â
The agreement executed under this Subsection E(3) shall be recorded in the office of the Register of Deeds of Grant County, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions and to which any subsequent conveyance or assignment of the owner shall be subject.
(h)Â
If any part or provision of the agreement shall be found or
held by a court of competent jurisdiction to be invalid or unenforceable,
then the entire agreement shall terminate and all sewers of the owner
or its successors or assigns shall be promptly disconnected from any
such system which ultimately connects to the City treatment plant.
(i)Â
The applicant for treatment service under an agreement pursuant
to this subsection shall agree to assume user charges, industrial
waste charges and capital surcharge, if applicable, and to obtain
from the City the proper building permit by which the connection is
allowed and the discharge permit, if applicable, which indicates what
discharge will be made to the treatment system.
F.Â
Discharge permits.
(1)Â
The City reserves the right to require a discharge permit from commercial
or industrial users of the sewer and, if the City does exercise the
option, commercial or industrial users shall not discharge to a sewer
without having first applied for and obtained a permit from the City.
Upon official notification from the City, each commercial or industrial
user presently discharging material to the sewer shall apply for and
obtain such a discharge permit within 90 days from the date of such
notification.
(2)Â
Commercial and industrial classification codes set forth in the Standard
Industrial Classification Manual, 1987 Edition, as amended and supplemented,
are adopted by the Common Council as the basis for the issuance of
discharge permits for building connections to a sewer.
(3)Â
The application for a discharge permit shall be made on a form provided
for that purpose by the City and shall be fully completed under oath
by the property owner, user, or a duly authorized and knowledgeable
officer, agent or representative thereof and acknowledged. If requested,
the person making application shall also submit such scientific or
testing data, or other information as may be required by the Council.
The City Engineer shall also have, at his discretion, the right to
personally inspect the premises, equipment, material and laboratory
testing facilities of the applicant.
[Amended 11-17-2014 by Ord. No. 2014-05]
(4)Â
No fee shall be charged for a discharge application or permit.
(5)Â
No discharge permit shall be issued by the City to any person whose
discharge of material to sewers, whether shown upon the application
or determined after inspection and testing conducted by the Director
of Public Works, is not in conformance with federal, state or City
statutes, ordinances, rules and regulations, unless a waiver or variance
of such standards and requirements is granted by the Common Council
in the manner hereinafter set forth. The Common Council shall state
in writing the reason or reasons for denial or requirement for waiver-variance,
and written communication shall be mailed or personally delivered
to the applicant within five days after denial.
[Amended 11-17-2014 by Ord. No. 2014-05]
(6)Â
If the type or volume of material from property for which a discharge
permit was previously granted shall materially and substantially change,
the person granted such permit previously shall make a new application
to the City, in the same manner and form as originally made.
(7)Â
If the application for a new permit or for one because of change in the type or volume of material discharge is denied by the Common Council, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of Subsection F(5) of this section and a waiver or variance is required, the user may have the entire Common Council review the denial or may request waiver-variance, provided the user shall give written notice of his request within 30 days after receiving the denial. The entire Common Council shall review the permit application, the written denial and such other evidence and matters as the applicant and City Engineer shall present at its next regular meeting following receipt of request for its review, and the decision of the entire Common Council rendered publicly at the meeting shall be final.
[Amended 11-17-2014 by Ord. No. 2014-05]
(8)Â
Should any discharge of material to a sewer materially and substantially
differ in type and volume than shown in the application and permit,
the person and user shall immediately, upon order of the Director
of Public Works, cease and desist from such discharge and shall also
be subject to disconnection, forfeiture and other penalties provided
by this article.
(9)Â
A grant of waiver or variance by the Common Council may set forth
such conditions, exceptions, time limitations, durations and expirations
as the Council deems necessary and proper.
G.Â
Construction of sewers and connections for buildings.
(1)Â
The construction of sewers and connections for buildings shall be
made as required by the applicable ordinances of the City and by regulations
of the Wisconsin Department of Natural Resources. Building drains
– sanitary and building sewers – sanitary, together with
all connections thereto, shall be constructed watertight to exclude
all infiltration and inflow.
(2)Â
A construction permit shall first be applied for and obtained from
the City before a person can connect to any sewer located on properties
within the corporate limits of the City or on properties outside the
City where services have been contracted for with the City.
(3)Â
Construction permits shall not be issued unless it has been determined
by the City that there is capacity available in all downstream sewerage
facilities.
H.Â
Reporting criteria for nonresidential users.
(1)Â
The City reserves the right to require any nonresidential user to
submit quarterly to the City, on forms provided by the City, a certified
statement of the characteristics of its industrial wastes discharged
in the sewers and treatment works of the City or to any sewers connected
to its treatment works. This statement shall be filed with the City
Engineer no later than the 10th day of the month following the quarter
for which the report is required. The City Engineer may require additional
certified statements at any time if, in his judgment, the same shall
be necessary to determine the source of materials which have been
found in the City sewer.
(3)Â
Should there be a difference in understanding between the City and
user as to the characteristics in this subsection, the City reserves
the right to use the City results from analyses for purposes of billing.
Should submission not be made during the ten-day period, the City
shall use its results from analyses for purposes of billing.
(4)Â
Whenever required by the City, the owner of any property serviced
by a building sewer which carried nonresidential wastewater or material
shall install a large manhole or sampling chamber in the building
sewer in accordance with plans and specifications which have been
submitted to and approved by the City Engineer. Such device shall
have ample room in each sampling chamber to accurately sample the
wastewater effluent entering the sewer and shall collect composite
samples for analysis. The chamber shall be, safely, easily and independently
of other premises and buildings of the user, accessible to authorized
representatives of the City at all times. The City shall have exclusive
access to such device and no keys shall be in the possession of any
user or any agent of the user. Where construction of such a device
is not economically or otherwise feasible, the Director of Public
Works may approve alternate arrangements for sampling.
(5)Â
Each sampling chamber shall contain a Parshall flume, weir or similar
device with a recording and totalizing register for measuring liquid
quantity, or the metered water supply to the industrial plant may
be used as measure of liquid quantity where it is substantiated by
the Director of Public Works that the metered water supply and waste
quantities are approximately the same or where a measurable adjustment
agreed to by the Director of Public Works is made in the metered water
supply to determine the liquid waste quantity.
(6)Â
Samples shall be taken periodically with such degree of frequency
as the City Engineer shall, in his discretion, determine. They shall
be properly refrigerated and composited in proportion to the flow
so as to present a representative twenty-four-hour sample. Such sampling
shall be done as prescribed by the Director of Public Works to ensure
representative quantities for the entire reporting period. Minimum
requirements for determination of representative quantities or characteristics
shall include reevaluation during each twelve-month period. The determination
of representative quantities and characteristics shall include not
less than seven consecutive samplings taken during periods of normal
operation, together with acceptable flow measurements.
(7)Â
The sampling frequency, sampling chamber, metering device, sampling
methods and analyses of samples shall be subject, at any time, to
inspection and verification by the City Engineer.
(8)Â
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the standard methods specified in § 355-11 or with any other method approved by the Council.
[Amended 11-17-2014 by Ord. No. 2014-05]
(9)Â
The City may elect, at its option, to have the metering and sample
collection done by the industrial plant personnel and have composite
samples delivered to the Director of Public Works for analysis. This
procedure can also be terminated at any time by the City upon reasonable
notice.
I.Â
Septic haulers.
(1)Â
Nonindustrial users hauling liquid wastes to the treatment plant
shall be assessed user charge unit charges for billable flow, billable
BOD and billable TSS, the volume of which is determined for each by
the City Engineer.
(2)Â
Industrial users hauling liquid wastes to the treatment plant shall
be assessed user charges according to the most recent sewer use ordinance.
A.Â
Inspection rights. The City Engineer or any designated agent of the
City Engineer bearing proper credentials and identification shall
be permitted at any time to enter upon all properties, within the
corporate limits of the City, or outside the City, that have contracted
for wastewater treatment service, for the purpose of inspecting, observing,
measuring, sampling and testing, as may be required in pursuance of
the implementation and enforcement of the terms and provisions of
this article.
B.Â
Liability during inspections. While performing the necessary work on private properties referred to in Subsection A of this section, authorized employees of the City shall observe all safety rules applicable to the premises established by the commercial or industrial user, and the user shall be held harmless for injury or death to the City employees, and the City shall indemnify the user against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions.[1]
[1]
Editor's Note: Original § 13.11(2)(a) through (g),
which immediately followed this subsection, were repealed 11-17-2014
by Ord. No. 2014-05.
A.Â
Consumers attaching to a main of the Sewer Utility shall pay a connection
charge as provided in the City's Fee Schedule plus the full cost of
the lateral from the sewer main to the building being connected. Where
the lateral to the lot line has been laid by the City, the attaching
consumer shall pay the actual cost for the previously installed lateral
used by him plus the full cost of the additional extension and a connection
charge as provided in the City's Fee Schedule.
[Amended 11-17-2014 by Ord. No. 2014-05]
B.Â
The Sewer Utility shall extend sewer mains to a new consumer or consumers
in accordance with the following charges and the following conditions:
(1)Â
When an extension main is required by the prospective consumer, the
consumer shall make an application for such an extension in writing
to the Council by filing a written application for the same with the
City Clerk/Treasurer.
(2)Â
The Director of Public Works shall determine the costs of such extension,
taking into consideration the future prospective demands for service
and the orderly deployment of the particular area. No extension shall
be made for a distance less than the next manhole.
(3)Â
The consumer or consumers who request the extension shall pay the
entire cost of the extension including the manhole or manholes that
are a part of the extension. If more than one consumer is involved,
the entire cost shall be divided among these consumers.
(4)Â
After making the decision as to the length and location of the extension,
and prior to the time of making the charge to the consumer or consumers,
the Public Works Committee shall determine the benefits to be received
by any parcel that can be served by the extension. Before making a
determination as to benefits received, the Public Works Committee
shall first divide the area to be served into logical building lots.
The Public Works Committee may consider the recommendations of the
landowner in determining the building lots if the landowner, as a
part of his application, accompanies the application with a proposed
division of the land into lots for sale or use.
(5)Â
In determining the amount to be paid by the original consumers, if
more than one consumer is involved, the division of the charge shall
be made by considering each building lot owned by one of the original
applicants as a separate consumer. Such payments are to be considered
contributions to construction, and after the original contribution
in any future connection by a consumer other than to a lot owned by
a party making a previous contribution, such consumer shall be required
to pay to the City his pro rata share of the lot or lots owned by
the new attaching consumer in the entire extension cost as if such
consumer had been one of the original contributors. When the City
receives a future contribution, it shall, after receiving the money,
pay to the previous contributors equal amounts by counting each previous
contributing lot as a separate contributor.
(6)Â
The right to contribution shall follow the land and not the contributor,
with the reimbursement to go to the person who is the owner of the
receiving lot at the time of the reimbursement. If a contributor owns
more than one lot at the time of contribution, he shall be required
to designate one of the lots as the lot entitled to contribution and
the owner of such a lot at any contribution shall receive the reimbursements
for all of the lots owned by the original contributor at the time
of the original contribution. Such lot designation shall be filed
with the City Clerk/Treasurer and may be filed in the office of the
Register of Deeds for Grant County, Wisconsin. The owners of such
designated lot may, by filing a corrective designation, change such
designation to another lot owned by him as long as such new lot is
one of the lots to be served by the extension. The total amount of
reimbursement that any contributor may receive shall be the total
payment made by him at the time of his contribution.
(7)Â
In addition to the charge made as above provided to each lot, each
connecting consumer shall pay the full cost of the lateral from the
main to his building.
C.Â
This section shall not apply to extensions that are made to newly
platted subdivisions containing 20 lots or more. For all such extensions,
the Council shall make a determination of the amount to be paid by
the owners of the lots by the procedure set forth in § 66.0703,
Wis. Stats.
D.Â
The City Clerk/Treasurer is hereby directed to establish the necessary
forms for the administration of this section and to set up the necessary
records within his office so that an examiner can ascertain the status
of any parcel of land included within any such extension.
E.Â
No reimbursement of contributions for cost of general service shall
be made after 10 years have expired from the date of the payment of
the first contribution for construction; anyone attaching to a main
partially constructed by contributions from consumers after the expiration
of such 10 years shall pay the specified charges for attaching to
an existing main as set forth herein.
F.Â
No person whose premises are located outside the corporate limits
of the City shall connect any pipe to the sanitary sewer main unless
permission to do so has been granted by the Council and such proposed
connection shall be approved by the City Engineer. In addition, such
nonresidents shall pay an initial charge as provided in the City's
Fee Schedule for such privilege, a monthly charge according to the
current volume charge in the sewer ordinance if such connection shall
be made to a main extended by consumer contribution, and he/she shall
further pay the sum required for reimbursement of contribution under
any ordinance of this City.
[Amended 11-17-2014 by Ord. No. 2014-05]
A.Â
Surface water connections prohibited. No person shall connect any
rain water leader, area drain or make any similar connection with
any public sanitary sewer which empties into any sewer ejector or
sewage disposal plant maintained by the City, nor shall drain any
lot or area into any manhole connecting with any such sanitary sewer
or plant.
B.Â
Connecting drains to storm sewer system. No person or other owner
shall open any storm sewer or connect any rainwater leader or area
drain therewith without permission from the Public Works Committee
and subject to such conditions as the Public Works Director may impose.
[Amended 11-17-2014 by Ord. No. 2014-05]
See § 371-5 of this Code.
A.Â
Violations of regulatory provisions. When any person violates any provision of this article and in particular § 355-14B, limitations on discharge, the violator shall be assessed a forfeiture of up to $200 per day for each day the violation occurs. In addition, the violator shall be:
B.Â
Nonpayment of bills.
(1)Â
The City reserves the right to revoke discharge permits and to disconnect
service to any user whenever wastewater treatment bills become delinquent.
(2)Â
All amounts continue to be due whether or not the sewer is disconnected,
and no sewer shall be reconnected until the City is paid in full for
all amounts due it and, in addition, there shall be paid to the City
a deposit equal to an estimated amount of such charge for the next
succeeding year. Such a deposit shall be held by the City in escrow
and will be returned upon satisfactory payment of all bills for a
period of two years.
