[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 9, Ch. 2, of the 1997 Code. Amendments noted where applicable.]
A.
AMMONIA NITROGEN (NH3N)
APPROVING AUTHORITY
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
CHLORINE REQUIREMENT
CITY
COMBINED SEWER
COMMERCIAL USER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE (24 HOURS)
DWELLING UNITS
EASEMENT
FIXED CHARGE
FLOATABLE OIL
FLOW-PROPORTIONAL SAMPLE
GARBAGE
GREASE
GROUND GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL USER
INDUSTRIAL WASTE
INFILTRATION
INFLOW
INTERCEPTING SEWER
MAJOR CONTRIBUTING INDUSTRY
(1)
(2)
(3)
(4)
NATURAL OUTLET
NORMAL DOMESTIC WASTEWATER
OPERATION AND MAINTENANCE (O&M) COSTS
PARTS PER MILLION
PERSON
pH
PHOSPHORUS (P)
PRETREATMENT
PUBLIC AUTHORITY
REPLACEMENT COSTS
REPLACEMENT FUND
RESIDENTIAL USER
SANITARY SEWER
SEGREGATED DOMESTIC WASTES
SEWAGE
SEWER
SEWER LATERAL
SEWER USER CHARGE
SIGNIFICANT CONTRIBUTORS
SLUG
STANDARD METHODS
STORM DRAIN (sometimes termed "storm sewer")
STORMWATER
STORMWATER RUNOFF
SURCHARGE
SUSPENDED SOLIDS (SS)
TOXIC SUBSTANCE
UNMETERED USER
UNPOLLUTED WATER
USER
USER CHARGE
USER CHARGE SYSTEM
USER CLASSES
UTILITY
VARIABLE CHARGE
VOLUME CHARGE
WASTEWATER
WASTEWATER TREATMENT FACILITIES
WASTEWATER TREATMENT WORKS
WATERCOURSE
WDNR
WPDES PERMIT
As used
in this chapter, the following terms shall have the meanings indicated:
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."
The Common Council of the City of Brodhead or its duly authorized
deputy, agent, or representative.
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."
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.
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.
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."
The City of Brodhead, Counties of Green and Rock, State of
Wisconsin.[1]
Any sewer intended to serve as a sanitary sewer and a storm
sewer.
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.
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.
The combination of individual samples taken at intervals
of not more than one hour.
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.
An acquired legal right for the specific use of land owned
by others.
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.
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.
A sample taken that is proportional to the volume of flow
during the sampling period.
The residue from the preparation, cooking and dispensing
of food and from the handling, storage, and sale of food products
and produce.
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."
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.
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.
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.
Any trade or process waste as distinct from segregated domestic
wastes or wastes from sanitary conveniences.
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]
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.
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.
An industrial or commercial facility that is a user of publicly
owned treatment works and:
Has a waste discharge flow of 50,000 gallons or more per average
workday;
Has a waste discharge flow greater than 5% of the flow carried
by the municipal system receiving the waste;
Has in its waste a toxic pollutant in toxic amounts as defined
in Ch. NR 215, Wis. Adm. Code; or
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.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
Sanitary wastewater resulting from the range of normal domestic
activities, in which BOD5, SS or phosphorus
concentrations do not exceed normal concentrations of:
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.
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, governmental agency, or other entity.
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.
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."
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.
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.
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.
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.
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.
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.
Wastes from nonresidential sources resulting from normal
domestic activities. These activities are distinguished from industrial,
trade, and/or process discharge wastes.
The spent water of a community. The preferred term is "wastewater,"
as defined in this section.
A pipe or conduit that carries wastewater or drainage water.
The portion of system located between the property line and
sanitary sewer.
A charge levied on
users of the wastewater treatment facility for capital-related expenses,
as well as operation and maintenance costs of said facilities.
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.
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.
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]
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
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.
That portion of the rainfall that is drained into the sewers.
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.
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."
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.
A user who does not have a meter installed and maintained
by the City of Brodhead on their public or private water supply.
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.
Any person(s) discharging wastewater into the wastewater
collection system.
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.
That system which generates operation and maintenance (O&M)
and replacement revenues equitably for providing each user class with
services.
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.
The City of Brodhead Sewer Utility.
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.
A user charge based upon the volume of normal strength wastewater
to be transported.
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.
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.
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.
A natural or artificial channel for the passage of water
either continuously or intermittently.
The Wisconsin Department of Natural Resources.
The Wisconsin Pollutant Discharge Elimination System permit.
General provisions are stated in Ch. NR 205, Wis. Adm. Code.
B.
"Shall"
is mandatory; "may" is permissible.
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.
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]
(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]
(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.
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:
(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)
(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.
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.
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]
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]
(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.
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]
(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]]
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.
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.
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]
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.
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]
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.
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.
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.
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]
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.