A.
This chapter regulates the use of public and private sewers and drains,
disposal of septage wastes into the public sewers, and the discharge
of waters and wastes into the public sewerage systems within the Village
of Tigerton. It provides for and explains the method used for levying
and collecting wastewater treatment service charges, sets uniform
requirements for discharges into the wastewater collection and treatment
systems and enables the Village of Tigerton to comply with administrative
provisions, water quality requirements, toxic and pretreatment effluent
standards, 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 Tigerton sewer system.
B.
This chapter provides a means for determining wastewater and septage
volumes, constituents and characteristics, the setting of charges
and fees, and the issuing of permits to certain users. Revenues derived
from the application of this chapter 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
chapter shall supersede any previous sewer use ordinance, rules or
regulations and shall repeal all parts thereof that may be inconsistent
with this chapter. If there is any conflict between this chapter and
any applicable statute, the state statute shall be controlling.
Unless the context specifically indicates otherwise, the meaning
of the terms used in this chapter shall be as follows; "shall" is
mandatory; "may" is permissive:
The Village of Tigerton or its duly authorized committee,
agent or representative.
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 walls 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.
Biochemical oxygen demand, suspended solids, phosphorus or
pH, plus additional pollutants identified in the WPDES permit for
the publicly owned treatment works receiving the pollutants if such
works were designed to treat such additional pollutants to a substantial
degree.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater or septage shall be considered free of floatable
fat if it is properly pretreated and the wastewater does not interfere
with the collection 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 particles will
be no greater than 1/2 inch in any dimension and will be carried freely
in suspension under normal flow conditions in public sewers.
Wastewater or septage with pollutants that will adversely
affect or disrupt the wastewater treatment processes or effluent quality
or sludge quality if discharged to a wastewater treatment 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 holding a license under § 281.48(3)(a),
Wis. Stats.
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.
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
Shall be 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 corporation, association, society, institution,
enterprise, government agency, or other entity.
The logarithm of the reciprocal of the 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 10-7.
Any sewer provided by or subject to the jurisdiction of the
Village of Tigerton. It shall also include sewers within or outside
the corporate boundaries that serve one or more persons and ultimately
discharge into the Village sanitary sewer system, even though those
sewers may not have been constructed with Village funds.
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities, together with such
ground, surface and storm waters as may be present.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with small quantities of ground, storm and surface waters
that are not admitted intentionally.
Scum, liquid, sludge or other waste from a septic tank, soil
absorption field, holding tank, vault toilet or privy. This does not
include the waste from a grease trap.
The spent water of a community. The preferred term is "municipal
wastewater."
The areas presently served and anticipated to be served by
a sewage collection system. State regulations (§ NR 121.05,
Wis. Adm. Code) require that water quality management plans delineate
sewer service areas for urban areas with a population of over 10,000.
Approved facility plans contain less detailed sewer service areas
for communities under 10,000 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 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 system owner.
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.
Any substance released at a discharge rate and/or concentration
which causes interference to wastewater treatment processes.
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.[1]
Drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
Solids that either float on the surface of or are in suspension
in water, wastewater, septage or other liquids, and that is removable
by laboratory filtering as prescribed in "Standard Methods" and is
referred to as "nonfilterable residue."
Water 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.
The structures, equipment and processes required to collect,
carry away, store and treat domestic and industrial wastes and septage
and dispose of the effluent.
An arrangement of devices and structures for treating wastewater,
septage, 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.
A document issued by the Wisconsin State Department of Natural
Resources which establishes effluent limitations and monitoring requirements
for the municipal wastewater treatment facility.
The management, operation and control of the sewer system for
the Village is vested in the Village Board and its designees. All
records, minutes and all written proceedings, and all the financial
records shall be on file with the Village Clerk-Treasurer.
The Village Board 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 Village and,
generally, to do all such work as may be found necessary or convenient
in the management of the sewer system. The Village Board 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 chapter, without liability therefor.
The Board 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.
Property owners shall maintain sewer service from the street
main to the house, 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 property 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.
Whenever any real estate or any easement therein, or use thereof,
shall in the judgment of the Village Board be necessary to the sewer
system, and whenever, for any cause, an agreement for the purchase
thereof cannot be made with the property owner thereof, the Village
Board 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.
All property, real, personal and mixed, acquired for the construction
of the sewer system, and all plans, 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.
The rules, regulations and sewer rates of the Village hereinafter
set forth in this chapter 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
his or their assent to be bound thereby. Whenever any of said rules
and regulations, or such others as the Village Board may hereafter
adopt, are violated, the 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 Board and on payment
of all arrears, the expenses and established charges of shutting off
and putting on, and such other terms as the Village Board may determine,
and a satisfactory understanding with the party that no further cause
for complaint shall arise. In case of such violation, the Village
Board, 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 Board to change the 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.
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 Director of Public Works. All service
connections to the sewer main shall comply with the State Plumbing
Code.
A.
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 180 days of notice in writing from the Village Board. Upon
failure to do so, the Village Board 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 costs shall be assessed as a special
tax lien against the property; provided, however, that the owner may,
within 30 days after the completion of the work, file a written option
with the Village Clerk-Treasurer stating that he cannot pay such amount
in one sum and asking that it be levied in not to exceed five equal
annual installments, and the amount shall be so collected with interest
at a rate of 15% per annum from the completion of the work, the unpaid
balance being a special tax lien, all pursuant to § 281.45,
Wis. Stats.[1]
B.
In lieu of the above, the Village Board 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, of an amount equal to the minimum monthly charge of sewer
service payable monthly 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, all pursuant
to § 281.45, Wis. Stats.[2]
C.
This chapter 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.
The maintenance and use of septic tanks and other private sewage
disposal systems within the area of the Village serviced by its sewer
system is hereby declared to be a public nuisance and a health hazard.
From and after December 1, 1986, the use of septic tanks of any private
sewage disposal system within the area of the Village serviced by
the sewerage system shall be prohibited within five years.
Every person connecting with the sewer system shall file an
application in writing to the Village Clerk-Treasurer in such form
as is prescribed for that purpose. Blanks for such applications will
be furnished at the office of the Village Clerk-Treasurer. The application
must state fully and truly all the uses which will be allowed except
upon further application and permission regularly obtained from the
Village Board. 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 Village are referred to herein
as "users." If it appears that the service applied for will not provide
adequate service for the contemplated use, the Village Clerk-Treasurer
may reject the application. If the Clerk-Treasurer approves the application,
he shall issue a permit for services as shown on the application.
A.
Between August 1 and September 1 of each year, every licensed disposer
wishing to discharge septage to the Village wastewater treatment works
shall file a nonrefundable filing fee and an application in writing
to the Director in such a form as is prescribed for that purpose.
During the months of July and August, forms for such application will
be furnished at the office of the Director of Public Works. The application
must state fully and truly the type, frequency, quantity, quality
and location of generated septage to be disposed at the Village wastewater
treatment works.
B.
During the month of September, the Director will evaluate the applications
and make a determination as to the amount and conditions of septage
disposal at the Village wastewater treatment facility. The Director
shall approve or reject all applications by October 1 of each year.
If the Village cannot accept all the proposed septage disposal, then
consideration shall be given first to those generators of septage
that are within the sewer service area.
C.
All approvals for septage disposal shall have the conditions that,
any time the wastewater treatment works has operational problems,
maintenance problems, or threat of WPDES permit violation that are
indirectly or directly related to septage disposal, the Director may
immediately restrict septage disposal until such time as corrective
action or mitigative measures have been taken.
Persons attaching to a sewer main shall have the lateral from
the sewer main installed at their own expense.
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.
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.
All floor drains shall have a backflow prevention valve installed
at the owner's expense.
No user shall allow others or other services to connect to the
sewer system through his or her lateral.
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 or such damage which
may be discovered having occurred to the property of the system other
than through the fault of the system or its employees, representatives
or agents.
Every user shall permit duly authorized agents of the Village,
at all reasonable hours of the day, to enter his premises or building
to examine the pipes and fixtures and the manner in which the drains
and sewer connections operate, and he must at all times, frankly and
without concealment, answer all questions put to him relative to its
use, all in accordance with this chapter and § 196.71, Wis.
Stats.
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 or 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 Director shall,
if practicable, give notice to each and every customer within the
affected area of the time when such service will be shut off; such
notice is to precede the shut off by 24 hours if possible.
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 a manner that will occasion 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 a depth as recommended by the Engineer 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 at least as good as before it was disturbed
and satisfactory to the Director. No opening of the streets for tapping
the pipes will be permitted when the ground is frozen.[1]
A.
No person, except those having special permission from the Director
or persons in his service and approved by him, 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 Director 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 the State Plumbing
Code. Service connections to an existing sewer main shall be made
by means of a saddled wye or specially adapted tee. Connections to
existing tees or wyes shall be made with an approved bonded rubber.
The Village shall extend sewer mains to a new person(s) in accordance
with the following charges and the following conditions:
A.
When an extension main is required by the prospective user, said
person shall make an application for such an extension in writing
to the Village by filing a written application for the same with the
Director. After the filing of such an application, the Director shall
first determine the logical location of the next manhole or manholes.
Next, the Director 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. (This is only one method of allocating costs, and these
costs can be allocated based on a given community's preference.)
If more than one user is involved, the entire cost shall be divided
among these users.
C.
After making the decision as to the length and location of the extension
and prior to the time of making the charge to the person(s), the Director
shall determine the benefits to be received by any parcel that can
be served by said extension. Before making a determination as to benefits
received, Director shall first divide the area to be served in logical
building lots. The Director may consider the recommendations of the
landowner in determining said building lots if the landowner as a
part of his application accompanies said application with a proposed
division of said land into lots for sale or use. In determining the
amount to be paid by the original users if more than one user 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 user.
D.
Payments are to be considered contributions to construction and,
after the original contribution in any future connection by a user
other than to a lot owned by a party making a previous contribution,
such user shall be required to pay the Village his or her pro-rata
share of the lot or lots owned by the new attaching user in the entire
extension cost as if said user had been one of the original contributors.
E.
When the Village receives a future contribution, it shall, after
receiving the money, pay said money to the previous contributors by
paying to each of the previous contributors equal amounts by counting
each previous contributing lot as a separate contributor. The Village
shall not make payments to a previous contributor if 10 years have
expired from the date of the original contribution. Said money paid
shall be retained by the Village.
F.
It is hereby provided that the right to contribution shall follow
the land and not the contributor, with 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 the time of any contribution
shall receive the reimbursements for all of the lot(s) owned by the
original contributor at the time of the original contributions. Such
lot designation shall be filed with the Clerk-Treasurer and may be
filed in the office of the County Register of Deeds. The owner of
such designated lot may, by filing a corrective designation, change
said designation to another lot owned by him as long as such new lot
is one of the lots to be served by said extension. The total amount
of reimbursement shall be the total payment made by him less the benefits
conferred upon the lot or lots owned by him at the time of his contribution.
G.
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 his or
her building.
A.
Septage shall only be discharged to the Village's sewerage system
by Village-approved and State of Wisconsin-licensed disposers and
at locations, times and conditions as specified by the Director.
B.
Septage discharges to Village-specified manholes may, under special
circumstances, be allowed, provided discharge rates are restricted
as necessary to facilitate mixing, prevent a backup in the receiving
sewer and prevent a slug load to the wastewater treatment facility.
Discharges may be limited to the normal working hours of the Director
and require written documentation of the discharge to be submitted
to the Director within one working day of the discharge to the Village
sewers or wastewater treatment facility.
C.
Septage discharges to the Village septage holding facility at the
wastewater treatment facility may be limited to the posted normal
working hours of the facility. As with discharges to a manhole, documentation
of the discharge shall be submitted to the Director within one working
day of the discharge to the Village septage holding facility.
D.
Blanks for documentation of the discharge will be furnished by the
Director and will include the following:
(1)
Name, address and telephone number of the hauler.
(2)
License number.
(3)
Type of septage.
(4)
Quantity of septage.
(5)
Estimated quality of septage.
(6)
Location, date, time and feed rate of discharge to the sewerage system.
(7)
Source of septage.
(8)
Name and address of septage generator.
(9)
Other information.
The Village Board may at any time establish specific connection
and lateral changes for any main not covered by any other provisions
in this chapter or when the Village has made an extension and the
Village has failed to provide lateral or connection charges. It is
further provided that the Village Board may amend or alter any connection
or lateral charge after its establishment under the terms of this
chapter or previous ordinances or resolutions.
