City of Brodhead, WI Chapter 373 Sewer Use

[HISTORY: Adopted by the Common Council of the City of Brodhead as Title 9, Ch. 2, of the 1997 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Stormwater management and erosion control — See Ch. 393.

Water — See Ch. 440.

§ 373-1 Definitions; word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

AMMONIA NITROGEN (NH₃N)

One of the oxidation states of nitrogen, in which nitrogen is combined with hydrogen in molecular form as NH₃ or in ionized form as NH+4. Quantitative determination of ammonia nitrogen shall be made in accordance with procedures set forth in the latest edition of "Standards Methods."

APPROVING AUTHORITY

The Common Council of the City of Brodhead or its duly authorized deputy, agent, or representative.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed in milligrams per liter. Quantitative determination of BOD₅ 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, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal, also called "house connection." The portion of the building sewer located within the public right-of-way or easement shall be considered an integral part of the public sewer with ownership by the City. The property owner shall have the responsibility for maintaining the building sewer, including but not limited to cleaning or clearing the building sewer by rodding or flushing.

CHLORINE REQUIREMENT

The amount of chlorine, in milligrams per liter, which must be added to wastewater to produce a specified residual chlorine content in accordance with procedures set forth in "Standard Methods."

CITY

The City of Brodhead, Counties of Green and Rock, State of Wisconsin.[1]

COMBINED SEWER

Any sewer intended to serve as a sanitary sewer and a storm sewer.

COMMERCIAL USER

Any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services, and who discharges primarily normal domestic wastewater. This definition shall also include multifamily residences having three or more units served by a single water meter.

COMPATIBLE POLLUTANT

Biochemical oxygen demand, suspended solids, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned treatment works receiving the pollutants if such works was designed to treat such additional pollutants and, in part, does remove such pollutants to a substantial degree.

COMPOSITE SAMPLE (24 HOURS)

The combination of individual samples taken at intervals of not more than one hour.

DWELLING UNITS

A structure, or that part of a structure, which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

EASEMENT

An acquired legal right for the specific use of land owned by others.

FIXED CHARGE

The charges for the cost of debt retirement associated with the construction, erection, modification, or rehabilitation of the wastewater treatment facility and collection system. This charge shall be above the treatment, operation and maintenance and replacement charges. Fixed charges are based on the number of dwelling units and the size of the customer's water meter(s) serving the user.

FLOATABLE OIL

Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved treatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

FLOW-PROPORTIONAL SAMPLE

A sample taken that is proportional to the volume of flow during the sampling period.

GARBAGE

The residue from the preparation, cooking and dispensing of food and from the handling, storage, and sale of food products and produce.

GREASE

A group of substances, including fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils, and certain other nonfatty materials as analyzed in accordance with procedures set forth in "Standard Methods."

GROUND GARBAGE

The residue from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant which will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility.

INDUSTRIAL USER

Any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of manufacturing, transportation, communications, utilities, mining, agriculture, forestry, or fishing.

INDUSTRIAL WASTE

Any trade or process waste as distinct from segregated domestic wastes or wastes from sanitary conveniences.

INFILTRATION

Water unintentionally entering sanitary sewers, building drains, and building sewers from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.[2]

INFLOW

The water discharged into the sanitary sewer, building drains, and building sewers from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwater, surface runoff, street wash waters or drainage.

INTERCEPTING SEWER

A sewer whose primary purpose is to convey wastewater from a collection system or systems to a wastewater treatment facility. Size of the sewer is not a factor.

MAJOR CONTRIBUTING INDUSTRY

An industrial or commercial facility that is a user of publicly owned treatment works and:

(1) Has a waste discharge flow of 50,000 gallons or more per average workday;

(2) Has a waste discharge flow greater than 5% of the flow carried by the municipal system receiving the waste;

(3) Has in its waste a toxic pollutant in toxic amounts as defined in Ch. NR 215, Wis. Adm. Code; or

(4) Has a waste which the approving authority determines has, or, in the case of a new source, will have, a significant impact, either singly or in combination with other wastes, on the publicly owned treatment works or on the quality of effluent from such works.

NATURAL OUTLET

Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

NORMAL DOMESTIC WASTEWATER

Sanitary wastewater resulting from the range of normal domestic activities, in which BOD₅, SS or phosphorus concentrations do not exceed normal concentrations of:

(1) A five-day, 20˚ C, BOD, concentration of not more than 175 mg/L.

(2) A suspended solids concentration of not more than 175 mg/L.

(3) An ammonia concentration of not more than 30 mg/L.

(4) A phosphorus concentration of not more than 7 mg/L.

OPERATION AND MAINTENANCE (O&M) COSTS

All costs associated with the operation and maintenance of the wastewater treatment facility and wastewater collection system, as well as the costs associated with periodic equipment replacement necessary for maintaining the capacity and performance of the wastewater treatment and collection systems.

PARTS PER MILLION

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.

PERSON

Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.

pH

The logarithm (base 10) 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.

PHOSPHORUS (P)

Total phosphorus in wastewater, which may be present in any of three principal forms: orthophosphates, polyphosphates, and organic phosphates. Quantitative determination of total phosphorus shall be made in accordance with procedures set forth in "Standard Methods."

PRETREATMENT

An arrangement of devices and structures for the preliminary treatment or processing of wastewater required to render such wastes acceptable for admission to the public sewers.

PUBLIC AUTHORITY

Any user whose premises are used for the conduct of the legislative, judicial, administrative, or regulatory activities of federal, state, local, or international units of government; government-owned educational facilities; government-owned health facilities; or government-owned recreational facilities. This does not include government-owned or -operated business establishments.

REPLACEMENT COSTS

Expenditures for obtaining and installing equipment, accessories, and appurtenances which are necessary during the service life of the treatment facility and collection system to maintain their design capacity and performance for which the systems were designed and constructed. Operation and maintenance costs include replacement costs.

REPLACEMENT FUND

The replacement fund shall be a separate account in which an annual budgeted amount shall be accumulated for purposes of defraying replacement costs as they arise. The replacement fund shall be used exclusively to defray replacement costs, as defined in this section above, during the useful life of the wastewater treatment facility, at the end of such useful life, or at the time of any significant expansion or upgrade of the wastewater treatment service pursuant to § 66.0831, Wis. Stats., as amended or renumbered from time to time.

RESIDENTIAL USER

Any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as in the definition of "commercial user" in this section.

SANITARY SEWER

A sewer that carries sanitary and industrial 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.

SEGREGATED DOMESTIC WASTES

Wastes from nonresidential sources resulting from normal domestic activities. These activities are distinguished from industrial, trade, and/or process discharge wastes.

SEWAGE

The spent water of a community. The preferred term is "wastewater," as defined in this section.

SEWER

A pipe or conduit that carries wastewater or drainage water.

SEWER LATERAL

The portion of system located between the property line and sanitary sewer.

SEWER USER CHARGE

A charge levied on users of the wastewater treatment facility for capital-related expenses, as well as operation and maintenance costs of said facilities.

SIGNIFICANT CONTRIBUTORS

Shall be those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD₅, TSS, TKN, P), 5% of the design value for that particular parameter, on such average or peak basis as the approving authority deems appropriate.

SLUG

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 fifteen minutes more than five times the average twenty-four-hour concentration or 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.[3]

STORM DRAIN (sometimes termed "storm sewer")

A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

STORMWATER

Not only stormwater (water from rain, snow, sleet, hail, flood or other natural cause) but also roof water, overflow water (from tank, cistern, well or sump) and other surface water. "Stormwater" does not include industrial and domestic wastewater.

STORMWATER RUNOFF

That portion of the rainfall that is drained into the sewers.

SURCHARGE

Any user of the wastewater works whose discharge exceeds, in one or more parameters (flow, BOD₅, TSS, TKN, P), the concentration of normal domestic wastewater for that parameter shall be subject to a surcharge. The amount of such surcharges shall reflect the costs incurred by the City in removing the high strength BOD₅, suspended solids, ammonia nitrogen or P from the wastewater.

SUSPENDED SOLIDS (SS)

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" and are referred to as "nonfilterable residue."

TOXIC SUBSTANCE

Any substance, whether gaseous, liquid or solid, which, when discharged to the system in sufficient quantities, interferes with any wastewater treatment process or constitutes a hazard to human beings or animals or inhibits aquatic life in the receiving stream of the effluent from the treatment facility.

UNMETERED USER

A user who does not have a meter installed and maintained by the City of Brodhead on their public or private water supply.

UNPOLLUTED WATER

Water of quality equal to 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.

USER

Any person(s) discharging wastewater into the wastewater collection system.

USER CHARGE

A sewer service charge levied on users of the wastewater collection system and wastewater treatment facility for capital-related expenses, as well as operation and maintenance costs for said facilities.

USER CHARGE SYSTEM

That system which generates operation and maintenance (O&M) and replacement revenues equitably for providing each user class with services.

USER CLASSES

Categories of users having similar flows and water characteristics: levels of biochemical oxygen demand, suspended solids, phosphorus, ammonia nitrogen, etc. For the purposes of this chapter, there shall be four user classes: residential, commercial, industrial, and public authority.

UTILITY

The City of Brodhead Sewer Utility.

VARIABLE CHARGE

The portion of the wastewater service charge based on the volume strength of wastewater discharged to the wastewater treatment system. The variable charge shall include the charge for normal strength wastewater and a surcharge if any of the parameters in the discharge exceed those of normal strength wastewater. Variable charges shall recover O, M&R costs, plus a percentage of the fixed charge as deemed appropriate by the approving authority.

VOLUME CHARGE

A user charge based upon the volume of normal strength wastewater to be transported.

WASTEWATER

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.

WASTEWATER TREATMENT FACILITIES

The treatment works defined in this section, exclusive of interceptor sewers and wastewater collection systems. All wastewater treatment is provided by the City of Brodhead wastewater treatment facility, and all references to wastewater treatment facilities refer to those facilities owned and operated by the City of Brodhead.

WASTEWATER TREATMENT WORKS

An arrangement of devices and structures for the storage, treatment, recycling, and reclamation of wastewater, liquid industrial wastes, and sludge. These systems include interceptor sewers, outfall sewers, wastewater collection systems, individual systems, pumping, power, and other equipment and their appurtenances, any works that are an integral part of the treatment process or are used for ultimate disposal of residues from such treatment, or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal or industrial wastes.

WATERCOURSE

A natural or artificial channel for the passage of water either continuously or intermittently.

WDNR

The Wisconsin Department of Natural Resources.

WPDES PERMIT

The Wisconsin Pollutant Discharge Elimination System permit. General provisions are stated in Ch. NR 205, Wis. Adm. Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: The original definition of "infiltration/inflow," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. "Shall" is mandatory; "may" is permissible.

§ 373-2 General provisions.

A. Council of the City of Brodhead. The management, operation, and control of the Sewer Utility is vested in the Common Council of said City; all records, minutes, written procedures thereof and financial records shall be kept by the Clerk.

B. Sewer Utility of the City of Brodhead. The Sewer Utility 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 within the City boundaries and generally to do all such work as may be found necessary or convenient in the management of the wastewater collection system. The approving authority, its officers, agents, and employees are empowered to enter upon any land for the purpose of inspection or supervision in the performance of their duties under this chapter, without liability therefor, and the approving authority shall have power to purchase and acquire for the Utility all real and personal property which may be necessary for construction of the sewer system or for any repair, remodeling, or addition thereto.

C. Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall, in the judgment of the approving authority, be necessary to the sewer system, and whenever, for any cause, an agreement for and purchase thereof cannot be made with the owner thereof, the approving authority 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 Assistance and Real Property Acquisition Policies Act of 1970, if federal funds are used.

D. Title to real estate and personal property. All property, real, personal, and mixed, acquired for the construction of the wastewater collection system and all plans, specifications, diagrams, papers, books and records connected with said wastewater collection system and all buildings, machinery, and fixtures pertaining thereto shall be the property of said approving authority.

E. User rules and regulations.

(1) The user rules, regulations, and user charges of the utility are a part of the contract between the utility and every user. Every person who connects to the wastewater collection system is deemed to have consented to be bound by such rules, regulations, and rates. In the event of violation of the rules or regulations, the water and/or sewer service to the violating user shall be shut off (even though two or more parties are receiving service through the same connection). Water and sewer service shall not be reestablished until all outstanding bills and shutoff and reconnection charges are paid in full and until such other terms and conditions as may be established by the approving authority are met.

(2) In addition to all other requirements, the approving authority shall be satisfied that the offender will not continue in violation of the rules and regulations before authorizing reconnection of the offender's services. The approving authority may change the rules, regulations, and sewer rates from time to time as it deems advisable and may make special rates and contracts in all proper cases.

§ 373-3 Use of public sewers.

A. Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the approving authority.

B. User connections.

(1) The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer, is hereby required at the owner(s) expense to install suitable toilet facilities therein and connect such facilities directly to the proper public sewer in accordance with the provisions of this chapter within three months after the date of official notice from the approving authority. The approving authority shall be responsible for properly notifying the owner(s).

(2) If any person fails to comply after the expiration of the time provided by the notice, the approving authority shall cause connection to be made. The expense thereof shall be assessed as a special tax against the property at an interest rate of 18% per year from the completion of work.

(3) The sewer user charges contained in this user charge system shall take effect as of the day a connection to the sewer is made.

C. Storm sewers. Stormwater other than that exempted under Subsection A and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority, to a storm sewer or natural outlet.

D. Prohibitions and limitations.

(1) Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(a) Any gasoline, benzene, naphtha, fuel oil, other flammable or explosive liquid, solid, or gas.

(b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals or create a public nuisance in the receiving waters of the wastewater treatment works.

(c) Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.

(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground, by garbage grinders.

(e) The following described substances, materials, waters, or waste shall be limited to discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The approving authority may set limitations lower than the limitations established in the regulations below if, in their opinion, such more severe limitations are necessary to meet the above objectives. In forming an opinion as to the acceptability, the approving authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment facility, degree of treatability of the waste in the wastewater treatment facility, and other pertinent factors. The limitations or restrictions on material or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the approving authority are as follows:

[1] Wastewater having a temperature higher than 150° F. (65° C.).

[2] Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

[3] Wastewater from industrial plants containing floatable excess oils, fat, or grease.

[4] Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

[5] Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the approving authority for such materials.

[6] Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority.

[7] Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state or federal regulations.

[8] Quantities of flow, concentrations, or both, which constitute a slug as defined herein.

[9] Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

[10] Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

[11] Materials which exert or cause:

[a] Unusual BOD₅ chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.

[b] Unusual volume of flow or concentration of wastes constituting slugs as defined herein.

[c] Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).

[d] Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(2) No wastewater, regardless of character, shall be discharged to the wastewater system in such a manner as to interfere with the designed operation of the collection system or treatment facility or to cause the treatment works to exceed the limits established by the WPDES permit.

E. Special arrangements. No statement contained in this chapter shall be construed as prohibiting any special agreement between the approving authority and any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater treatment works, either before or after pretreatment works by reason of the admission of such wastes, and no extra costs are incurred by the approving authority without recompense by the person, provided that all rates and provisions set forth in this chapter are recognized and adhered to.

F. New connections. New connections to the wastewater collection system shall not be permitted if there is insufficient capacity in the treatment works to adequately transport and/or treat, as required by the WPDES permit, the additional wastewater anticipated to be received from such connections.

G. Free service. No user shall receive free service or pay a user charge less than the user's proportional share of operation and maintenance costs.

H. Outside service.

(1) The City, by proper resolution of the Common 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.

(2) In the event a contract is made pursuant to Subsection H(1), 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 section and, in addition to all payments and charges, be treated equally as to operation, maintenance and replacement charges (volume charge), regardless of their location with respect to the corporate limits.

(3) If any property of a person desirous of becoming a user is situated outside the City, the City, at its discretion, may permit such a connection, provided that a contract providing essentially the following be entered into between the City and the user:

(a) The user may connect buildings situated 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) 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. Unmetered connections to individual residential users shall be charged a user fee which is the average of residential user fees paid in the metered system.

(c) The user, his successors and assigns shall, in addition to costs noted previously, pay quarterly 150% of the fixed charge portion of the sewer service charge for debt retirement. The total sewer service charge may be adjusted further to reflect variations in capital costs for outside users.

[1] 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.

[2] 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 plan. 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.

[3] In addition to the right of disconnection, the City shall have a lien upon the property or subdivision 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.

[4] The City shall have the additional right to file a civil suit to recover the amount of the lien, the full cost incurred in disconnection, and all its reasonable legal expenses and attorneys' fees incurred as a result of the suit.

[5] All amounts charged under Subsection H(3)(c) are due and shall continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the City is paid in full for all amounts due it, and, in addition, the City shall be paid a deposit equal to the estimated 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.

(d) 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 said sewer system to another unit of government.

(e) Upon conveyance by the owner of all or any subdivided portion or tract of said property, the successor in title shall succeed to all rights and liabilities hereunder, and said 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 applicable county register of deeds, State of Wisconsin.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(f) In the event that such property therein described, or any subdivided or separate tract thereof, shall be annexed to the City by proper ordinance, the agreement executed pursuant to Subsection H(3), 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) The agreement executed under Subsection H(3) shall be recorded in the office of the applicable county register of deeds, 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(h) 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) The applicant for treatment service under an agreement pursuant to Subsection H(3) shall agree to assume user charges, industrial waste charges, and capital surcharges, 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.

§ 373-4 Control of industrial wastes directed to public sewers.

A. Submission of basic data.

(1) Within three months after passage of this chapter, firms discharging industrial wastes to a public sewer shall prepare and file with the approving authority a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Such information shall be provided as per Ch. NR 101, Wis. Adm. Code.

(2) Similarly, each person desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the approving authority a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.

B. Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by Subsection A, a request for extension of time may be presented for consideration to the approving authority.

C. Industrial discharges.

(1) If any waters or wastes are discharged, or proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in this section and which, in the judgement of the approving authority, may have a deleterious effect upon the wastewater works, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the approving authority may:

(a) Reject the wastes;

(b) Require pretreatment to an acceptable limit for discharge to the public sewers;

(c) Require control over the quantities and rate of discharge; and/or

(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The toxic pollutants subject to prohibition or regulation under this chapter shall include, but need not be limited to, the list of toxic pollutants or combination of pollutants established by Section 307(a) of the Clean Water Act of 1977 and subsequent amendments.[2] Effluent standards or prohibitions for discharge to the sanitary sewer shall also conform to the requirements for Section 307(a) and associated regulations.

[2] Editor's Note: See 33 U.S.C. § 1317(a).

(3) Pretreatment standards for those pollutants which are determined not to be susceptible to treatment by the treatment works or which would interfere with the operation of such works shall conform to the requirements and associated regulations of Section 307(b) of the Clean Water Act of 1977 and subsequent amendments.[3] The primary source for such regulations shall be 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution.

[3] Editor's Note: See 33 U.S.C. § 1317(b).

D. Control manholes.

(1) Each user discharging industrial wastes into a public sewer shall construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of the waste, including domestic wastewater.

(2) Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the approving authority.

(3) Control manholes, access facilities, and related equipment shall be installed by the user discharging the waste, at the user's expense, and shall be maintained by the user so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the approving authority prior to the beginning of construction.

E. Measurement of flow from high-strength or toxic waste dischargers.

(1) The volume of flow used for computing the user charge shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Water Utility, except as noted in Subsection F.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Provision for deductions. In the event that a person discharging industrial waste into the public sewers produces evidence satisfactory to the approving authority that more than 20% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the approving authority and the person. Satisfactory evidence shall be evidence obtained by approved metering.

F. Metering of industrial waste. Devices for measuring the volume of waste discharged may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the discharger. A maintenance schedule must be accepted by the approving authority. Following approval and installation, such meters may not be removed without the consent of the approving authority.

G. Waste sampling.

(1) Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the industry as often as may be deemed necessary by the approving authority.

(2) Sampling shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority.

(3) Installation and operation and maintenance of the sampling facilities shall be the responsibility of the user discharging the waste and shall be subject to the approval of the approving authority. Access to sampling locations shall be granted to the approving authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.

H. Analyses.

(1) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods." Sampling methods, location times, durations, and frequencies are to be determined on an individual basis, subject to approval by the approving authority.

(2) Determination of the character and concentration of the industrial wastes shall be made by the user discharging them, or his agent, as designated and required by the approving authority. The approving authority may also make its own analyses on the wastes, and these determinations shall be binding as a basis for charges.

I. Pretreatment. Where required, in the opinion of the approving authority, to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment works, the person shall provide at his expense such preliminary treatment or processing facilities as may be determined required to render his wastes acceptable for admission to the public sewers.

J. Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalizations, pretreatment, or processing facilities shall be submitted for review of the approving authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.

K. Grease and/or sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 373-3D(1)(e)[3], or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters to dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.

L. Industrial permit reports. Each year, all industrial users shall submit a WDNR industrial permit report to the approving authority. Forms for this report will be furnished by the Clerk.

§ 373-5 Right of entry for inspection, observation and testing.

A. Right of entry. The approving authority engineer, operator of the wastewater treatment facility, plumbing inspector or other duly authorized representative of the approving authority bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation and testing, all in accordance with the provisions of this chapter and § 196.171, Wis. Stats. The approving authority engineer, operator of the wastewater treatment facility, plumbing inspector, or other duly authorized representative of the approving authority shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the sewers and waterways or facilities for wastewater treatment.

B. Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized representatives shall observe all safety rules applicable to the premises established by the owner or occupant, and the approving authority shall indemnify the owner against loss or damage to its property by approving authority representatives and against the liability claims and demands for personal injury or property damage asserted against the owner and growing out of gauging and sampling operations and indemnify the owner against loss or damage to its property by approving authority representatives, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 373-4D.

C. Identification, right to enter easements. The approving authority engineer, operator of the wastewater treatment facility and other duly authorized representatives of the approving authority bearing proper credentials and identification shall be permitted to enter all private properties through which the approving authority holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater treatment works lying within said easement, all subject to the terms, if any, of the agreement.

§ 373-6 Sewer construction.

A. Work authorized. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the approving authority.

B. Cost of sewer connection. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the property owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The approving authority shall approve the contractor and construction plans for the building sewer.

C. Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found on examination and test by the approving authority to meet all requirements for this chapter.

D. Materials and methods of construction. The size, slope, alignment, materials of construction of building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the approving authority. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

E. Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

F. Stormwater and groundwater drains. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which are connected directly or indirectly to a public sanitary sewer. Any person in violation of this subsection shall disconnect all downspouts, groundwater drains, etc., no later than 60 days from the date of an official written notice by the approving authority. If any person fails to comply after the expiration of the time provided, the approving authority may cause disconnection to be made.

G. Conformance to plumbing codes. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the approving authority or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.

H. Plumbers. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe-fitting work in connection with the collection system without first receiving a license from the State of Wisconsin and posting a one-thousand-dollar bond with the City of Brodhead, except in cases where state law permits building owners to do their own work without being licensed.

I. Inspection of connection. The applicant for the building sewer permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the approving authority.

J. Barricades restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the approving authority.

K. Installation of building sewers. All building sewers on private property will be installed in accordance with Ch. 382, Wis. Adm. Code. Per § SPS 382.21, Wis. Adm. Code, all building sewers 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

L. Excavations.

(1) In making excavations in streets or highways for laying building sewers or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public. 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.

(2) In refilling the opening, after the building sewers are laid, the earth must be laid in layers of not more than 12 inches in depth and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, gravel and paving, must be done so as to make the street as good, at least, as before it was disturbed and satisfactory to the City and applicable county. No opening of the streets for tapping the pipes will be permitted when the ground is frozen, except in emergencies.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) A permit from the approving authority or other appropriate governmental body shall be obtained prior to excavating in any street, alley or other public way. Such permit shall be obtained and exhibited to the City Clerk before a connection permit will be issued.

M. Tapping the mains.

(1) No person, except those having special permission from the approving authority, or persons in their service and approved by them, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from said approving authority.

(2) Pipes should always be tapped on the top, and not within 15 inches (38 cm) of the joint, or within 36 inches (90 cm) of another lateral connection.

(3) All connections to existing sewer mains shall be made with a saddle "T" or "Y" fitting set upon a carefully cut opening centered on the upper quadrant of the main sewer pipe and securely strapped on with corrosion-resistant straps or rods, or with solvent-welded joints in the case of plastic pipe.

§ 373-7 Connections to wastewater collection system.

A. Mandatory hookup.

(1) 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 approving authority. Upon failure to do so, the approving authority 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, all pursuant to § 281.45(1), Wis. Stats.; provided, however, that the owner may, within 30 days after the completion of the work, file a written request with the utility 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 the rate of 6% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45(1), Wis. Stats.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) In lieu of the above, the approving authority, 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 150% of the average residential charge for sewer service, 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, all pursuant to § 281.45(1), Wis. Stats.

(3) This chapter ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said approving authority and fails to assure preservation of public health, comfort, and safety of said approving authority.

B. Maintenance of services.

(1) The Utility shall maintain sewer service within the limits of the approving authority for the street mains and sewer laterals, 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, a tenant, or an agent of the property owner. All sewer services from the point of maintenance by the system to and throughout the premises must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property.

(2) 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 shall be installed for each building.

C. Application to connect proposed new wastewater system.

(1) Any person located within the corporate limits of the approving authority desiring to connect a proposed new wastewater system to the wastewater treatment works shall make a written application to the approving authority for permission to make such connection or use. The application shall include a statement of the location or locations at which it is desired to connect and a statement of the character of the wastewater to be transmitted.

(2) The approving authority shall select an engineering consultant to design all proposed wastewater systems. All costs and expenses incident to the design and bidding, including engineering, permits and other fees associated with the connection or hookup to the wastewater collection system, shall be borne by the developer requesting the extension. Prior to the design of a sewer extension, the developer shall secure and furnish proof of an escrow account for the estimated amount of the design costs, the amount to be determined by the approving authority. The account shall be so arranged and an escrow agreement executed between the developer, the bank, and the approving authority to allow the latter to withdraw amounts from the account. The account shall be sufficient to cover payments to all parties under contract with the approving authority for the design of the wastewater system. This money will not be refunded if the project does not proceed to construction.

D. Alterations.

(1) Alterations to existing wastewater systems connected to the wastewater treatment works shall be treated as proposed new wastewater systems. The approving authority may modify this provision if the sewer connection is not directly connected to an approving authority sewer and providing the person has previously presented and has had approved a general overall sewer plan. If such a modification is made, it will be done in writing and must be kept on file by the person to which it applies.

(2) After sewer connections have been made in a building or upon any premises, no plumber shall make any alterations, extensions or attachments unless the party ordering such work shall exhibit the proper permit.

E. Permit to connect. Prior to permitting such connection or use, the approving authority may investigate, or cause to be investigated, the wastewater system for which such connection or use is requested. If the approving authority finds such system to be in a satisfactory condition, it will grant a permit for such connection or use. If the approving authority finds such system to be defective in operation, construction, design, or maintenance, the approving authority will so notify the applicant and will advise him that, upon completion of specified alterations, new construction, or changes in supervision or operation, a permit will be granted. Should the plans or specifications not be approved, one copy will be returned to the applicant, who will be informed as to the reason for nonapproval.

F. Reserve capacity. Prior to permitting any connection or use of the treatment works, the approving authority shall ascertain that all downstream sewers, interceptors, lift stations, force mains, and treatment works have sufficient reserve capacity for volume, suspended solids and BOD, to assure adequate collection and treatment of the additional wastewater contributed to the wastewater treatment works. The approving authority reserves the right to refuse a connection or use permit if the requirements for this subsection cannot be met with the granting of the permit.

G. Inspections and supervision during construction. During the construction of any wastewater system which the approving authority has approved, the approving authority may, from time to time, inspect the same to see that said work is being done in accordance with the approval plans and specifications. Failure to make such inspections shall not nullify the rights of the approving authority to require reconstruction should nonadherence to approved plans be subsequently discovered. Every person in the construction of laterals or wastewater systems, within its jurisdiction, shall require that such construction be under the direction of a Wisconsin-registered professional engineer or licensed master plumber, if plan approval was obtained under his license. The engineer or master plumber shall keep accurate records of the location, depth, and length of the sewers as built and of the location of the Y-branches or slants.

H. Permits not granted. Permits shall not be granted for the connection of combined sewers to the interceptors or municipal sewers. Permits shall not be granted for the connection of any proposed or existing storm sewers to the approving authority wastewater treatment works. Connection of catch basin or curb inlets to any sanitary sewer directly or indirectly connected to the wastewater treatment works is strictly prohibited.

I. Physical connection. All proposed sewer connections shall be planned to be made at a manhole with the flow lines of the connecting sewer being at or below the manhole shelf, or the connection shall be made through an approved drop. At least 24 hours before connection is to be made, notice of such intent must be given to the approving authority. When the actual connection is made, it must be done in the presence of an approving authority inspector.

J. Records. Records of connections to the wastewater collection system shall be kept by the municipality in which such connections are made, and such records shall be available for inspection by the approving authority.

K. User use only. No user shall allow others or other services to connect to the wastewater collection system through his building sewers and building drains.

L. User to permit inspection. Every user shall permit the approving authority or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate, and they must at all times, frankly and without concealment, answer all questions put to them relative to its use.

M. Utility responsibility. The Utility and its agents and employees shall not be liable for damages occasioned by reason of the breaking, clogging, stoppage, or freezing of any building sewers or building drains, 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 water and sewer service at any time for the purpose of repairs, or any other necessary purpose, and permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the sewer service within any district of the said approving authority, the approving authority shall, if practicable, give notice to each and every consumer affected within said approving authority of the time when such service will be so shut off.

N. User to keep in repair. All users shall keep their own building sewers and building drains in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system.

O. New connection hookup fee. At the time of application pursuant to Subsection C to connect to the wastewater treatment works, the applicant shall pay to the approving authority a new connection hookup fee for each connection/lateral or, in the event a connection/lateral serves more than one dwelling unit (as defined in § 480-110 of the Code of the City of Brodhead), a hookup fee for each dwelling unit, as approved by the approving authority.

[Added 9-10-2007[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 373-8 Septic tanks and holding tanks.

A. Septic tanks and holding tanks prohibited. The maintenance and use of septic tanks, holding tanks or other private disposal systems within the sewer service area of the approving authority serviced by its wastewater collection system are hereby declared to be a public nuisance and a health hazard. The use of these systems is prohibited, unless a special permit is obtained from the approving authority. Upon abandonment of the septic tank or holding tank, the tank shall be filled with sand or gravel in a manner acceptable to the approving authority.

B. Septic tank and holding tank disposal.

(1) No person in the business of gathering and disposing of septic tank or holding tank wastes shall transfer such material into any disposal area or manhole located within the approving authority boundaries, unless a permit for disposal has been first obtained from the approving authority. Written application for this permit shall be made to the approving authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model and license number of each unit. Permits shall be nontransferable except in case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee. Annual fees shall be established by the approving authority. Any applicant for a permit shall furnish a bond to the approving authority in the amount of $5,000 to guarantee performance. The bond shall be provided prior to the permit being issued. The time and place of disposal will be designated by the approving authority. The approving authority may impose such conditions as it deems necessary on any permit granted. Bills shall be mailed on a monthly basis, and if payments are not received within 30 days thereof, disposal privileges shall be suspended.

(2) Any commercial hauler of septic tank or holding tank wastes agrees to carry public liability insurance in an amount not less than $100,000 and to protect any and all persons or property from injury and/or damage caused in any way or manner by any act, or failure to act, by any of his employees. A certificate certifying such insurance to be in full force and effect shall be furnished to the approving authority.

(3) Any wastes discharged into the treatment system shall be of domestic origin and will comply with the provisions of any and all applicable ordinances of the approving authority. A discharger shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or inflammable liquids or other deleterious substances into any manhole, nor allow any earth, sand or solid material to pass into any part of the wastewater system.

(4) Any person or party disposing of septic tank or holding tank wastes agrees to indemnify and save harmless the approving authority from any and all liability and claims for damage arising out of or resulting from work and labor performed.

§ 373-9 Damaging or tampering with wastewater facilities.

A. Willful, negligent or malicious damage. No unauthorized persons shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the wastewater facilities. Any persons violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.

B. Liability for losses. Any person who intentionally, negligently, or accidentally violates any provisions of this chapter shall become liable to the approving authority or any downstream user for any expense, loss or damage occasioned by reason of such violation which the approving authority or any downstream user may suffer as a result thereof. This section shall be applicable whether or not a written notice of the violation was given as provided in § 373-10A and without consideration for any penalties which may be imposed for a violation of this chapter.

§ 373-10 Enforcement; violations and penalties.

A. Written notice of violation. Any person found to be violating any provision of this chapter shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a fine, pay the amount to cover damage, both values to be established by the approving authority.

C. Continued violations. Any person, partnership or corporation, or any officer, agent or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, pay a forfeiture of not less than $10 nor more than $2,500, together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the Green or Rock County Jail until such forfeiture and costs are paid, but not exceeding 90 days. This, however, shall not bar the approving authority from enforcing the mandatory hookup provision in § 373-7A or any other right the approving authority may have.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Liability to approving authority for losses. Any person violating any provision of this chapter shall become liable to the approving authority for any expense, loss, or damage occasioned by reason of such violation which the approving authority may suffer as a result thereof.

E. Differences of opinion. The approving authority attorney shall arbitrate differences between the approving authority and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the approving authority.

F. Damage recovery. The approving authority shall have the right to recover any expense incurred by the approving authority for the repair or replacement of any property owned by the approving authority damaged in any manner from the person responsible for such damage.

G. Any user discharging toxic pollutants shall pay for any increased operation, maintenance, and replacement costs caused by said discharge, in addition to any other charge or penalties provided herein.

§ 373-11 Billing practice.

A. Billing period. User charges for all customers shall be billed on a monthly basis.

B. Payment. User charges shall be payable at the office of the approving authority or any other officially designated location.

C. Penalties. Charges levied in accordance with this chapter shall be a debt due to the approving authority. If the debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent. There shall be an added penalty of the greater of 3% of the amount of the monthly bill or $1.50. Charges and penalties shall constitute a lien upon the property serviced and be recorded on the City's tax roll. Change of ownership or occupancy of the premises found delinquent shall not be cause for reducing or eliminating these penalties.

D. Notification. Each user shall be notified annually, in conjunction with a regular bill, of the rate schedule attributable to wastewater treatment services, including an explanation of the charges.

E. Billing. The property owner shall be held responsible for all bills on premises that he owns. All bills and notices of any nature, relative to the sewer service, will be addressed to the owner and/or occupant and delivered to the addressee by first-class mail.

F. Failure to receive bill; no penalty exemption. Every reasonable care will be exercised in the proper delivery of bills. Failure to receive a bill, however, shall not relieve any person of the responsibility for payment of user charges within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof.

G. Delinquent bills. On October 15 in each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which service has been furnished prior to October 1 and payment for which is owing and in arrears at the time of given such notice. The Utility shall furnish the City Treasurer with a list of all such lots or parcels of real estate, and the notice shall be given by the Utility. Such notice shall be in writing and shall state the amount of such arrears, including any penalties assessed pursuant to the rules of the Utility; that unless the same is paid by November 1 thereafter, a penalty of 10% of the amount of such arrears will be added thereto; and that, unless such arrears, with any such added penalty, shall be paid by November 15 thereafter, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent. Such notice may be served by delivery to both such owner and to the occupant if different from the owner at the post office address of such lot or parcel of real estate, and if the owner has a different address, at the owner's address as well. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said tax if the same is not paid within the time required by law for payment of taxes upon real estate.

[Amended 11-11-2002]

§ 373-12 Hearing procedures.

A. No fine shall be levied under § 373-11C and no indemnity shall be assessed under § 373-11G except upon due hearing regarding the violation permitting the alleged violator to show cause, if any there be, before the approving authority why a fine should not be imposed pursuant to § 373-11C or why assessment should not be made pursuant to § 373-11G or any combination of the two. An order for hearing issued by the approving authority shall be served upon the alleged violator in the same manner as a summons is served under Wisconsin Statutes, and it shall be returnable before the approving authority at a time certain, not sooner than five days after service.

B. The order for hearing may contain ex parte interim orders pendente lite as may appear (by testimony or appropriate documents filed with the approving authority or both) necessary to protect the public health, welfare or safety on an emergency basis, including but not limited to temporary termination of service.

C. Testimony taken before the approving authority will be under oath or affirmation and recorded stenographically. A transcript thereof will be made available to any member of the public, including but not limited to any party to the hearing, upon payment of the usual charges therefor.

D. After the approving authority has reviewed the evidence, it may impose any fine authorized by § 373-11C or assess any indemnity authorized by § 373-11G as, in the judgement of the approving authority, is warranted by the evidence. The approving authority may issue such further orders and directives as it deems appropriate, including orders requiring the violator to pay the full costs of the proceedings, including the approving authority's technical, administrative, and other costs in developing its proofs and reasonable attorney fees.

E. A violator may avoid the hearing herein provided by written waiver stipulating guilt presented to the approving authority at least 24 hours prior to the hearing time. The approving authority will meet nevertheless, will make no stenographic transcript, will give the violator an opportunity to be heard in mitigation and may then act in accordance with this section, except that the violator shall not be required to pay any costs of the proceeding.

§ 373-13 Annual audit.

The City of Brodhead shall conduct an annual audit, the purpose of which shall be to reestablish the equity and adequacy of the user charges relative to changes in system operation and maintenance costs.

§ 373-14 Effective date of rates and charges.

The rate increase will take place in two phases. The Phase One rate increase shall take effect and be in force July 20, 1997. This chapter shall take effect and be in force after the Phase One rate increase. The fixed and volume charges after the Phase One increase shall be $3.50/1,000 gallons and $18/quarter per meter equivalent. The Phase Two rate increase shall take effect and be in force January 20, 2000. The fixed and volume charges shall be as shown in Schedule Nos. 1 through 8.

§ 373-15 User charge system schedules. [1]

User Charge System Schedules 1 through 8, as revised, are attached hereto and incorporated herein as a part of this chapter. Said schedules, or any of them, may be amended by resolution of the Common Council.[2]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: The current schedules are on file in the City Clerk-Treasurer's office.

§ 373-16 Sewer deduction meters.

A. Applicability. This section shall apply to single-family and two-family residential users only.

B. Volume charge reduction. The volume charge applied to residential users pursuant to §§ 373-14 and 373-15 shall be reduced by the volume of water measured by a residential sewer deduction meter, provided all of the following conditions are met:

(1) Installation. A residential user who is owner of the residential property may install at his/her own expense, by a licensed and certified plumber, permanent iron or copper pipes and fittings from an opening adjacent to the current water meter location as specified by the Brodhead Water Utility to no more than two outside faucets. Inside piping shall have no additional tees or openings.

(2) Meter. The residential user shall purchase a sewer deduction meter from the Brodhead Sewer Utility. It shall be a five-eighths-inch by three-fourths-inch water meter with outside meter reader.

(3) Installation charge. The residential user shall pay the Brodhead Sewer Utility for all expenses incurred during installation of the sewer deduction meter, which payment shall be nonrefundable.

(4) Sewer deduction meter charge. The residential user shall pay a seasonal charge for each sewer deduction meter in an amount set by resolution of the Common Council, on file in the office of the City Clerk.

(5) Duration of use. Sewer deduction meters may be used only from May 1 through October 1 of each year.

(6) Billing. Reductions to billings based upon sewer deduction meter readings shall be applied to the next billing cycle ending October 1 of each year. Sewer deduction meter charges shall be added to that billing for all installed sewer water deduction meters regardless of actual use of the sewer deduction meters.

(7) Test and repair. Brodhead Sewer Utility has the right to test and repair sewer deduction meters as necessary. The residential user property owner shall be billed for all expenses arising out of said testing and/or repair.

(8) Meter removal. Upon prior written notice to Brodhead Sewer Utility, the residential property owner may remove the sewer deduction meter. All permanent piping installed pursuant to Subsection B(1) must also be removed.

C. Water entering the sanitary sewer from a sewer deduction meter source shall subject the residential user/owner to penalties pursuant to § 373-10. Said penalties may include but are not limited to the removal of the sewer deduction meter at the residential user/owner's expense.