[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1984 by the Town Board of the Town of Herman]
Whereas, a petition was properly presented to the Town Board of the Town of Herman, Dodge County, Wisconsin, for the establishment of a sanitary district in the Town of Herman, Dodge County, Wisconsin; and
Whereas, at least 51% percent of the persons owning real estate within the limits of the territory proposed to be organized signed said petition; and
Whereas the Department of Health and Social Services and the Department of Natural Resources were notified of the hearing to be held for the creation of said district in accordance with § 60.303, Wis. Stats.;
Now, therefore, the Town Board of the Town of Herman does find as follows:
The public interest and necessity require the construction of a public sewerage system as private systems of waste disposal do not and cannot conform with requirements of the State Board of Health and there is a danger of contamination of lake and river, as well as individual home and commercial wells. The public health, comfort, convenience and necessity and public welfare will be promoted by the establishment of such district and the property to be included therein will be benefitted by such establishment.
The proposed work necessary to construct a public sewerage system consists of sewers, mains, laterals, treatment facilities and such other appurtenances as may be necessary.
The Town Board of the Town of Herman does hereby declare the establishment of Sanitary District No. 1 of the Town of Herman, Dodge County, Wisconsin, by which name it shall hereafter be known.
The boundaries of said territory to be included in the district are as follows:
Editor's Note: Amendments adding propety to Sanitary District No. 1 are on file at the office of the Town Clerk.
In accordance with § 60.303, Wis. Stats., the district shall be a body corporate with the powers of a municipal corporation.
Editor's Note: See now § 60.77(2), Wis. Stats.
Copies of this order shall be filed with the Department of Natural Resources of the State of Wisconsin and the Register of Deeds for Dodge County, Wisconsin.
[Adopted 7-30-2014 by Sanitary District No. 1]
The following definitions are applicable in this ordinance:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- 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 Standard Methods.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal beginning outside the inner face of the building wall.
- The duly appointed or elected officials responsible for administration and operation of Sanitary District No. 1, Town of Herman, Dodge County, Wisconsin.
- The residue from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of food products and produce.
- INDUSTRIAL WASTE
- The wastewater from industrial process, trade, or business, as distinct from sanitary sewage, including cooling water and the discharge from sewage pretreatment facilities.
- Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
- The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of the hydrogen-ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and hydrogen-ion concentration of 10-7.
- SANITARY DISTRICT
- Town of Herman Sanitary District No. 1, Dodge County, Wisconsin.
- SANITARY SEWER
- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of groundwater, stormwater and surface water that are not admitted intentionally.
- Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and shall adversely affect the system and/or performance of the wastewater treatment works.
- STANDARD METHODS
- The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
- STORM DRAIN (STORM SEWER)
- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, wastewater, or other liquids and that are removable by laboratory filtering as prescribed in Standard Methods for Examination of Water and Wastewater and referred to as "nonfilterable residue."
- The spent water 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 be present but not intentionally admitted.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment."
- A natural or artificial channel for the passage of water, either continuously or intermittently.
- WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES)
- A document issued by the Wisconsin Department of Natural Resources which establishes effluent limitations and monitoring requirements for the municipal wastewater treatment facility.
Management, control and operations. The management, operation and control of the sewer system of the Sanitary District are vested in the Sanitary District Commission ("Commission") of the Town of Herman Sanitary District No. 1. All records, minutes and written proceedings therefor shall be kept by the Secretary of the Sanitary District, who shall also keep all financial records.
Powers of the Commission. The Sanitary District Commission shall have the power to construct 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 Sanitary District and, generally, to do all such work as may be found necessary or convenient in the management of the sewer system. The Commission shall have the power by itself, its Commissioners, and its officers, agents and employees to enter upon any land for the purpose of making examination or to supervise in the performance of its duties under this ordinance, without liability therefor. The Commission shall have the power to purchase and acquire for the Sanitary District all real and personal property which may be necessary for construction of the sewer system or for any repair, remodeling, or additions thereto.
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgment of the Commission 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 Commission shall proceed with all necessary steps to take such real estate, easement, or use by condemnation in accordance with the Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if federal funds are used.
Title to real estate and personalty. All property, real, personal and mixed, acquired for the construction of the sewer system and all plans, specifications, diagrams, papers, books and records connected with said sewer system, and all buildings, machinery and fixtures pertaining thereto, shall be the property of said Sanitary District.
The rules, regulations and sewer rates of the Town of Herman Sanitary District No. 1 hereinafter set forth shall be considered a part of the contract with every person, company or corporation who or which is connected with the sewer system of the Sanitary District, and every such person, company or corporation by connecting with the sewer system shall be considered as expressing consent to be bound thereby. Whenever any of said rules and regulations, or such others as the Commission may adopt, are violated, the sewer service may be shut off from the building or place of such violation (even when two or more parties are receiving service through the same connection) and shall not be reestablished except by order of the Commission and on payment of all arrears, the expenses and established charges of shutting off and putting on, and such other terms as the Commission may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, the Commission 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 Commission to change said rules, regulations, and sewer rates from time to time as it may deem advisable and to make special rates and contracts in all proper cases.
The following rules and regulations applicable to all licensed plumbers, sewer users, and other parties within the Sanitary District are established:
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.
Sewer system users.
Application for service.
Every person connecting with the sewer system shall file an application in writing with the Sanitary District Commission, in such form as is prescribed for that purpose; such forms are available from the Sanitary District. The application shall state fully and truly all the uses which will be allowed except upon further application and permission obtained from the Commission. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. Persons connected to the sewer system of the Sanitary District are referred to herein as "users."
The application may be for service to more than one building or more than one unit of service through one service connection, and in such case charges shall be made accordingly.
If it appears that the service applied for will not provide adequate service for the contemplated use, the Commission may reject the application. If the Commission shall approve the application, it shall issue a permit for services as shown on the application.
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 shall exhibit the proper permit for the same from the Sanitary District Commission.
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 and appurtenances.
User use only. No user shall allow others or other services to connect to the sewer system through his/her lateral.
User to permit inspection. Every user shall permit the Sanitary District Commission, or its duly authorized agent, at all reasonable hours of the day, to enter his/her premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate, and users shall at all times, without concealment, answer all questions and requests for information put to them relative to their use of and connections to the sewer system.
District responsibility. It is expressly stipulated that no claim shall be made against said Sanitary District or the Sanitary District Commission due to 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 or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the sewer service within any area of said Sanitary District, the Commission shall, if practicable, give notice to each and every customer within such affected area of the time when such service will be so shut off.
Compliance with rules. All excavating shall be in compliance with the rules and regulations of applicable Town, Sanitary District, county and state agencies, and necessary permits shall be obtained prior to the start of work.
Minimum inconvenience to the public. In making excavations in streets or highways for laying service pipe or making repairs, the paving materials and soil removed shall be deposited in a manner that will present the least inconvenience to the public and minimize safety hazards.
Barricades. No person shall permit any such excavation made in any street or highway to remain open at any time without proper barricades; during hours of darkness, warning lights shall be maintained at such excavations.
Refilling of excavations. In refilling the excavated opening after service pipes are laid or other work is completed, the soil shall be laid in layers of not more than nine inches in depth and each layer thoroughly compacted to prevent settling. All openings in streets, sidewalks, driveways, and other paved areas shall be filled with granular materials approved by the Commission. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the street as good, at a minimum, as before it was disturbed and satisfactory to the Commission. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.
Tapping the mains.
Permission required. No person, except those having special permission from the Sanitary District, or persons in its service and approved by it, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection to the pipe shall be that specified in the permit or order from the Sanitary District.
Pipes shall always be tapped on the top half and not within six inches (15 centimeters) of the joint or within 24 inches (60 centimeters) of another lateral connection.
All taps shall be made with a saddle of the same material as the main sewer and shall be installed per the manufacturer's instructions.
Installation of house laterals and water meters.
Service pipe installation standards. All service pipes (laterals) on private property will be installed in accordance with Ch. SPS 382, Design, Construction, Installation, Supervision and Inspection of Plumbing, Wis. Adm. Code. Inspection shall be by a person designated by the Sanitary District, and a record of the inspection shall be filed with the Sanitary District.
Inspection of laterals. Per Ch. SPS 382, Wis. Adm. Code, all laterals will be inspected. The building sewer and/or private interceptor main sewer shall be inspected upon completion of placement of the pipe and before backfilling, and tested before or after backfilling. After one year of occupancy all new laterals will be televised. The cost of the televising will be included in the connection fee and performed by the Sanitary District.
Water meters. A three-fourths-inch water meter will be owned and furnished by the Sanitary District. Installation will be done by the Sanitary District or a Sanitary District approved contractor. The installation cost of the water meter will be charged to the customer. If a water meter larger than 3/4 inch is required, the customer will be charged the additional cost of the meter. Meters will be repaired by the Sanitary District. Any damage or alteration to a water meter caused by the owner/customer will be paid for by the owner/customer of the premises. Water meters will be read quarterly by the Sanitary District or Sanitary District approved contractor.
Septic tank and holding tank disposal. No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or sewer manhole located within the District boundaries.
It shall be the policy of the Sanitary District Commission to obtain sufficient revenues to pay the cost of the annual debt retirement payment on any bonded indebtedness, any required cash reserve account payment, and operation and maintenance of the sewage works, 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 sewage works during the service life for which such works were designed and constructed), through a system of user charges as defined in this section.
The system shall assure that each user of the sewage works pays a proportionate share of the cost of such works.
User charge components.
The minimum quarterly billing shall be sufficient to pay the annual debt retirement and Farmers Home Administration (FmHA) reserve account costs. A portion of the debt service and reserve account may be budgeted by levying an ad valorem tax in accordance with the Wisconsin Statutes. The unit price per volume shall be sufficient to pay the annual cost of operation and maintenance, including any replacement fund, of the sewage works. Users will be notified annually of the portion of user charges or ad valorem taxes attributable to wastewater treatment services.
Methodology for determining charges.
The methodology of determining the user charges is as provided in Appendix A, which is incorporated herein by reference and is on file with the Sanitary District. The Sanitary District shall provide the initial estimates of the number of unit charge equivalent (UCE) costs, etc., to calculate the first year's user charges.
The user charges, and this ordinance, shall be reviewed not less than biannually. Such review shall be performed by the Sanitary District Commission and the Town of Herman Treasurer. User charges shall be adjusted, as required, to reflect actual number and size of users and actual costs.
Sewer rates; connection fee.
There shall be charged to each user of the sewer system a sewer charge as follows:
All charges for sewerage service shall be made quarterly and shall be payable on the first day of January, April, July and October in each year. Sewer use charges shall be payable within 30 days of issuance. A late payment charge as set by the Sanitary District Commission will be added to bills not paid within 30 days of issuance. A failure to receive a bill shall not excuse nonpayment. Sewerage service charges shall be a lien on the property served in accordance with the Wisconsin Statutes.
Connection fees to the Sanitary District will be an amount per unit set by the Sanitary District Commission, which includes the cost of the water meter and televising of the lateral after one year. This is a one-time charge and must be paid before the occupancy date.
Excess revenues. Excess revenues collected from a user class will be applied to the operation, maintenance and replacement costs attributable to that class for the next year.
Preexisting agreements. The user charge system takes precedence over preexisting agreements inconsistent with the governing regulations of the Wisconsin Fund Grant Program.
The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human habitation, or in a block through which such system is extended, shall connect to such system within 90 days of notice in writing from the Sanitary District Commission. Upon failure to do so, the Commission 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, pursuant to § 281.45, Wis. Stats.; provided, however, that the owner may, within 30 days after the completion of the work, file a written opinion with the Commission Secretary stating that he/she cannot pay such amount in one sum and asking that it be levied in not to exceed five equal installments, and the amount shall be so collected with interest at a rate determined by the Commission from the completion date of the work, the unpaid balance being a special tax lien, all pursuant to the Wisconsin Statutes.
In lieu of Subsection A(1) above, the Commission, at its option, may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, in a monthly amount determined by the Commission for each residential unit equivalent payable quarterly, for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property. [Note: The penalty shall be as great as the average residential user cost (per residential unit equivalent) plus 50% for administrative costs.]
This ordinance ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said Sanitary District and fails to assure preservation of public health, comfort and safety of said Sanitary District.
Maintenance of services.
The Sanitary District shall maintain sewer services within the limits of the Sanitary District from the street main to the property line, and including all controls between the same, without expenses to the property owner, except when they are damaged as a result of negligence or carelessness on the part of the property owner, tenant or agent of the owner, in which case they will be repaired at the expense of the property owner. All sewer services from the point of maintenance by the system to and throughout the premises shall be maintained free of defective conditions by and at the expense of the owner or occupant of the property.
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.
Penalty for improper use.
It shall be unlawful for any person to willfully injure the sewer system or any building, machinery or fixture pertaining thereto or to willfully and without authority of the Commission bore or otherwise cause to leak any tunnel, aqueduct, reservoir, pipe or other thing used in the system for holding, conveying or collecting sewage.
It shall be unlawful for any person to introduce sewage into the system which shows an excess of BOD or suspended solids concentration of over 200 mg/l (normal domestic sewage); a surcharge shall be based on the excess of BOD or suspended solids at a rate set by the Sanitary District Commission. The Commission reserves the right to test the sewage at any point within the connection system of the user or consumer. A user may not use dilution as a means to achieve a lower concentration of BOD or suspended solids. Users discharging toxic pollutants shall pay for any increased operation and maintenance or replacement costs caused by the toxic pollutants.
No user shall discharge or cause to be discharged any of the following described liquids or solid wastes to any sanitary sewer:
Any stormwater, surface water, groundwater, roof runoff, surface drainage, foundation drains or sump pumps.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or sticky substances capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage works.
Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constituting a hazard to humans and animals or creating any hazard in the receiving treatment facility.
Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Any garbage that has not been properly shredded.
Any liquid or vapor having a temperature higher than 150° F.
Any water or wastes which may contain more than 100 parts per million by weight of fat, oil or grease.
Any water or wastes having a pH lower than 5.5 or higher than 9.0 having any corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
Damage recovery. The Sanitary District shall have the right of recovery from all persons of any expense incurred by said Sanitary District for the repair or replacement of any sewer pipe damaged in any manner by any person by the performance of any work under his/her control, or by any negligent act.
Penalties. Any person who shall violate any of the provisions of this ordinance or rules or regulations of the Town of Herman Sanitary District No. 1, who shall connect a service pipe 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 $50 nor more than $500 and the cost of prosecution. Each day of violation constitutes a separate offense. This, however, shall not bar the Sanitary District from enforcing the connection duties set forth in Subsection A above for mandatory connection.
Septic tanks prohibited. The maintenance and use of septic tanks and other private sewage disposal systems within the area of the Sanitary District and serviced by its sewer system are declared to be a public nuisance and a health hazard. After December 31, 1988, the use of septic tanks or any private sewage disposal system within the area of the Sanitary District serviced by the sewerage system shall be prohibited.
Vacating of premises and discontinuance of service. Whenever premises served by the Sanitary District are to be vacated, or whenever any person desires to discontinue service from the Sanitary District, the Sanitary District shall be notified in writing. The owner of the premises shall be liable for any damages to the property or such damage which may be discovered having occurred to the property of the Sanitary District other than through the fault of the Sanitary District or its employees, representatives or agents.
Charges are a lien on property. All sewer services, charges, and special assessments shall be a lien on a lot, part of a lot, or land on which sewer service was supplied. All sums which have accrued during the preceding year, and which are unpaid by the first day of October of any year, shall be certified by the Town Clerk to be placed on the tax roll for collection as provided by the Wisconsin Statutes.
Unit of service definition.
A unit of service shall consist of any residential, commercial, industrial or charitable aggregation of space or area occupied for a distinct purpose such as a residence, apartment, flat, store, office, industrial plant, church, or school. Each unit of service shall be regarded as one consumer. Suites in houses, or apartments with complete housekeeping functions (such as cooking), shall be classed as apartment houses; thus, houses and apartments having suites of one, two or more rooms with toilet facilities, but without a kitchen for cooking, are classified as rooming houses.
When a consumer's premises has several buildings for which services are eligible and such buildings are used in the same business and connected to the user, the Commission shall set a separate rate for such complex.
Adoption of other rules. There are hereby adopted all the rules and regulations of the State Plumbing and Building Codes and the building rules of the Wisconsin Department of Safety and Professional Services insofar as the same are applicable to the Sanitary District. All extensions of the system will comply with Chs. NR 108 and NR 110, Wis. Adm. Code, or their succeeding regulations.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Commission hereby declares that it would have passed this ordinance and any section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
Pursuant to the resolution titled "Use of Streets and Alleys," August 4, 1987, the Town of Herman grants a perpetual easement to the Town of Herman Sanitary District No. 1 for the use of streets, roads and alleys for purposes of construction, operating and maintenance of the lines and appurtenances of the sanitary sewer system. All maps associated with the adoption of the above resolution are incorporated herein by reference and are on file with the Sanitary District.
This ordinance shall take effect upon passage and posting or publication as provided by law.