[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 2-2-1998 by Ord. No. 1-98 (Title 5, Ch. 2, of the 1987 Code).
Amendments noted where applicable.]
The Village Board finds that the orderly handling and treatment
of wastewater, sewage and related materials is necessary to preserve
and protect the public health. The Village Board adopts this chapter
to protect, preserve and promote the health, safety, and welfare of
the residents and visitors of the Village and pursuant to the Village's
police powers under Wisconsin Law. This chapter shall be construed
to effectuate its purpose.
As used in this chapter, the following terms shall have the
meaning indicated:
Existing sewer lateral which is no longer used or required
for the future extension of services.
[Added 11-5-2020 by Ord. No. 4-2020]
Wastewater discharged by users which unreasonably exceeds
the discharge parameters, or which includes a hazardous material or
other substance or gas which may harm the facility.
The Village Board, or its duly authorized committee, agent
or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five days
at 20° C., usually expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer.
The extension from the building drain to the public sewer
or other place of disposal beginning outside the face of the building
wall. See also "house connection," "lateral," and "private sewer."
The amount of chlorine in milligrams per liter which must
be added to sewage to produce a specified residual chlorine content
in accordance with procedures set forth in Standard Methods.
Any sewer intended to serve as a sanitary sewer and as a
storm sewer.
Any user whose premises are used primarily for profit-oriented
enterprises in the fields of construction, wholesale or retail trade,
finance, insurance, real estate or services, including multifamily
residences having three or more units served by a single meter, which
discharges primarily domestic sewage.
The BOD, suspended solids, phosphorous, pH or fecal coliform
bacteria, plus additional pollutants identified in the WPDES permit
for the facility receiving the pollutants, if the facility was designed
to treat such additional pollutants to a substantial degree.
A charge levied on users for the cost of repaying money borrowed
to construct the facility or to make improvements to the facility.
The Wisconsin Department of Natural Resources, an executive
department of the State of Wisconsin, created by Wis. Stats. § 15.34
(1995).
Process wastewater produced by users which users release
to the facility for treatment.
The chemical or biological, including organic and inorganic,
qualities or traits which wastewater exhibits, including but not limited
to volume, BOD, TSS, FOG, phosphorous, temperature, and pH.
The limits which are imposed by this chapter, and additional
limits which Village may hereafter impose, on the discharge characteristics
of wastewater discharged by users.
Sewer services that may be disconnected temporarily or permanently.
[Added 11-5-2020 by Ord. No. 4-2020]
Except as otherwise used in the term "abnormal effluent,"
wastewater which has been treated in the facility and is ready for
release from the facility.
Wastewater which exceeds, and the amount by which wastewater
exceeds, the discharge parameters.
The wastewater treatment facility owned and operated by the
Village and located at 23993 First Street, Trempealeau, Wisconsin,
including the structures, interceptor sewer, equipment and processes
used to collect, convey to the wastewater treatment facility, and
treat wastewater generated in Village, and to dispose of the effluent.
The quantity of material recovered using the Partition-Gravirnetric
Method (55201B) in the 18th Edition of Standard Methods.
The portion of the sewer service charge based on the number
of a customer's premises' connections to the sewer system and on the
size of the customer's water meters, which is intended to recover
the cost of debt retirement and associated reserves and depreciation
associated with constructing, erecting, modifying or rehabilitating
the facility, operating costs for customer billing, and treatment
costs relating to infiltration and inflow.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater is considered free from floatable oil if it is
properly pretreated and the wastewater does not interfere with the
wastewater collection system.
The residue from preparing, cooking and dispensing food,
and from handling, storing and selling food products and produce.
The residue from preparing, cooking, and dispensing food
that has been shredded to such a degree that all particles may be
carried freely in suspension under flow conditions normally prevailing
in public sewers with no particle greater than 1/2 inch in any dimension.
Any substance, material, waste, gas or particular matter
which is regulated by any local governmental authority, the State
of Wisconsin, or the United States Government, including, but not
limited to, any material or substance which is presently or may hereafter
be:
Defined as a "hazardous waste," "hazardous material," "hazardous
substance," "extremely hazardous waste," or "restricted hazardous
waste" under any provision of Wisconsin Law;
Petroleum;
Asbestos;
Polychlorinated biphenyl;
Radioactive material;
Designated as a "hazardous substance" pursuant to § 311
of the Clean Water Act, 33 U.S.C. § 1251 et seq. (33 U.S.C.
§ 1317);
Defined as a "hazardous substance" pursuant to § 101
of the Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601);
or
Defined as a "hazardous waste" pursuant to § 1004
of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq. (42 U.S.C. § 6903).
Domestic waste contents of a watertight container designed
and approved for collecting and storing wastewater.
A building sewer.
Pollutants contained in wastewater which will adversely affect
or disrupt the quality of wastewater treatment in the facility.
Any user whose premises are used primarily for profit-oriented
enterprises in the fields of manufacturing, dairy product processing,
meat processing, processing of other food and drink products, painting
or finishing operations, transportation, communications, utilities,
mining, agriculture, forestry, or fishing.
Wastewater from industrial processes, trades or businesses,
including cooling water and the discharge from pretreatment facilities,
but not including sanitary sewage, domestic wastes, or wastes from
sanitary conveniences.
A sewer, regardless of size, the primary purpose of which
is to convey wastewater from a collection system or systems to the
facility.
A building sewer.
Is permissive, not mandatory.
The mechanical and electrical apparatuses used to measure
the volume of wastewater discharged to the facility by users, to measure
the extent of the wastewater's compliance or noncompliance with the
discharge parameters, and to collect or withhold portions of the wastewater
for testing to determine the extent of the wastewater's compliance
or noncompliance with the discharge parameters.
Any outlet, including storm sewers and combined sewer overflows,
which discharges into a watercourse, pond, ditch, lake or other body
of surface water or ground waters.
Wastewater with concentrations of BOD5 no greater than 250 milligrams per liter (mg/L) and suspended solids
no greater than 250 milligrams per liter (mg/L).
A user whose contributions to the sewer system consist only
of normal domestic strength wastewater originating from a house, apartment,
or other living quarters occupied by one or more people constituting
a distinct household; and from a business or other commercial enterprise.
The sum of money Village allocates for all of the costs Village
incurs in operating and maintaining the facility, or any specified
portion of the facility, and in replacing the designated capital assets
of the facility, or any specified portion of the facility.
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.34 is equivalent to pounds per million gallons of
water. Parts per million (ppm) is equivalent to milligrams per liter
(mg/L).
The highest quantity of BOD, measured in pounds and tested
by a certified laboratory, in a twenty-four-hour period of time.
The total volume of wastewater, measured in gallons and recorded
at a location specified by Village, in a twenty-four-hour period of
time.
The highest quantity of phosphorous, measured in pounds,
contained in wastewater discharged in a twenty-four-hour period of
time.
The highest quantity of TSS, measured in pounds, in a twenty-four-hour
period of time.
The additional amounts of money users are required by this
chapter to pay to Village for wastewater discharged by users which
exceeds the discharge parameters.
Any natural person, individual, firm, company, municipal
or private corporation, association, society, institution, enterprise,
government agency or other entity.
The negative logarithm (base 10) of the hydrogen ion concentration,
expressed in gram equivalents per liter, of wastewater.
The proportion or ratio of phosphorous, measured in milligrams
per liter, contained in wastewater users discharge.
The preliminary process of refining wastewater to ensure
that the wastewater complies with the discharge parameters established
under this chapter prior to the wastewater being released or discharged
to the facility.
A system of pumping stations, screens, settling tanks, dissolved
air flotation units, monitoring stations, and other apparatuses, which
users use to prepare wastewater for discharge to the facility.
Any sewer outside of a public right-of-way or public easement.
See also "building sewer," "house connection" or "lateral."
Any user whose premises are used for the conduct of legislative,
judicial, or executive activities of federal, state, or local units
of government; government-owned education facilities; government-owned
health facilities; or government-owned recreation facilities.
The Wisconsin Public Service Commission, an independent agency
of the State of Wisconsin, created by Wis. Stats. § 15.79
(1995).
Any sewer provided by or subject to the jurisdiction of Village,
including sewers within and outside Village's corporate boundaries
which serve any person and which ultimately discharge into Village's
sanitary sewer system, even though those sewers may not have been
constructed with Village's funds, but not including building sewers,
house connections, laterals, or private sewers.
The mechanical and electrical apparatuses used to record
and maintain, in written or electrical form, the measurements produced
by the measuring devices.
The town sanitary district created by the Town Board of the
Town of Trempealeau, Trempealeau County, Wisconsin, pursuant to the
authority granted by Wis. Stats. § 60.71.
A combination of liquid and water-carried wastes discharged
from toilets or sanitary plumbing facilities, together with such ground,
surface and stormwaters as may be present.
A sewer which carries liquid and water-carried wastes from
residences, buildings operated by public authorities, commercial buildings,
industrial plants and institutions, together with minor quantities
of ground, storm and surface waters which are admitted unintentionally.
The scum, liquid, sludge or other waste from a septic tank
or privy.
Wastewater.
The fixed meter charge and the sewer use charge.
The network of pipes, mains, storm sewers, sanitary sewers,
outfall sewers, combined sewers, and associated drains, manholes,
equipment, and pumping stations owned and operated by the Village.
A portion of the sewer service charge levied on users of
the facility for payment of use-related capital expenses, as well
as the operation, maintenance, and replacement costs, but not customer
billing costs, of the facility, and which is based on volume and strength
of wastewater discharged to the facility, including the charge for
normal domestic strength wastewater and a penalty for wastewater which
exceeds the discharge parameters.
Is mandatory, not merely permissive.
Any discharge of water or wastewater which in concentration
of any constituent part or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flow during normal operation and
adversely affects the performance of the facility.
A mobile home, a seasonal dwelling, a duplex unit, an apartment
unit, a single-family detached dwelling or a multifamily unit.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water
and Wastewater," published by the American Public Health Association,
the American Water Works Association and the Water Environment Federation.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
See "storm drain."
That portion of rain which drains into sewers.
Solids that either float on the surface or are in suspended
in water, wastewater or other liquids, and that is removable by laboratory
filtering as prescribed in Standard Methods and is referred to as
"nonfilterable residue."
The quantity of material, measured in milligrams per liter,
removed from wastewater in a laboratory test prescribed in Standard
Methods and referred to as "nonfilterable residue."
Discharges containing a substance, or mixture of substances,
which through sufficient exposure, ingestion, inhalation, or assimilation
by an organism, either directly from the environment or indirectly
by ingestion through the food chain, will, on the basis of information
available to Village's health officer, cause death, disease, behavioral
or immunological abnormalities, cancer, genetic mutations, or developmental
or physiological malfunctions, including malfunction in reproduction
or physical deformities, in such organism or its offspring.
Categories of users having similar flows and wastewater characteristics,
such as BOD, TSS, pH, and FOG.
The Village of Trempealeau, a Wisconsin municipal corporation,
located in the County of Trempealeau, State of Wisconsin.
Village's local legislative body, as that term is defined
in Wis. Stats. § 66.1331(3)(f).
Water-carried wastes created in and to be conducted away
from residences, industrial establishments and public buildings, as
defined in Wis. Stats. § 101.01(12) (1995), with such surface
water or groundwater as may be present.
The publicly owned arrangement of devices and structures
for the storage, treatment, recycling, and reclamation of wastewater,
liquid industrial wastes, and sludge, including interceptor sewers,
outfall sewers, wastewater collection systems, pumping and other equipment
and appurtenances, any works that are an integral part of the wastewater
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 wastewater.
The system, in effect on the date this amendment takes effect,
or as amended or modified from time to time thereafter, of legal rules
and regulations embodied in the Wisconsin Statutes, in the Wisconsin
Administrative Code, and in binding interpretations or opinions pertaining
thereto; and embodied in the United States Code, the Code of Federal
Regulations, and in binding interpretations or opinions pertaining
thereto, which supersede Wisconsin Statutes, the Wisconsin Administrative
Code, or binding interpretations or opinions pertaining thereto.
The permit (WI-0020966-4) or successor permit issued by the
DNR to Village pursuant to Wis. Stats. § 283.31, which authorizes
Village to operate the facility according to its terms and conditions.
A.
The management, operation and control of the facility and sewer system
are vested in the Village Board. The Village Clerk-Treasurer shall
keep and maintain all records, minutes, and written proceedings relating
to the facility and sewer system. The Village Clerk-Treasurer shall
keep and maintain all financial records relating to the facility and
sewer system.
B.
Construction. The approving authority shall have the power to lay,
install and maintain sewer pipes in, under and through the Village's
alleys, streets, and public grounds, to provide for improvements to
the facility, and to do all work which may be necessary to manage
the facility and sewer system. The Village, or its officers, agents,
employees, or servants, shall have the authority to enter upon any
land at any reasonable time to determine compliance with this chapter
without liability therefor. The Village Board may purchase any real
estate or any easement therein, or use thereof, which in the Village
Board's judgment may be necessary to the proper operation of the sewer
system or the facility. In the event the Village Board is unable to
negotiate the purchase of any real estate or easement or other interest
in such property, the Village may proceed with any and all steps necessary
to condemn such property in accordance with Wisconsin Law, and, when
federal funds are used in accordance with the Uniform Relocation and
Real Property Acquisition Policy Act of 1970, as amended. The Village
shall hold title to any and all property, whether real, personal or
mixed, acquired for the construction of the sewer system or the facility;
all plans, specifications, diagrams, papers, books, and records relating
to the sewer system and the facility; and all buildings, machinery
and fixtures pertaining to the sewer system and the facility.
C.
Maintenance. Each owner of property connected to the sewer system
shall maintain the lateral sewer connection to the sewer main, including,
without limitation by enumeration, all controls between the building
and the sewer main in proper condition. Each owner of property which
is connected to the sewer system shall perform this maintenance obligation
without expense to the Village or to the approving authority. Notwithstanding
the foregoing, the property owner shall have no obligation to repair
the lateral sewer connection where the damage was caused by the negligence
of the approving authority, or the approving authority's officers,
agents, employees, or servants. Each owner of property connected to
the sewer system shall, at the owner's sole expense, maintain the
piping and drainage system within the building free of defective conditions.
A.
General. The rules, regulations and charges for using the sewer system,
set forth hereinafter, shall be considered a part of the contract
with every person whose property is connected to the sewer system.
Every person, by connecting their property with the sewer system,
shall be considered to express consent to be bound by such rules,
regulations and charges for using the sewer system. Whenever any of
the Village's rules or regulations, as may be amended by Village from
time to time hereafter, is violated, the approving authority may,
at its discretion, disconnect the sewer service to the building or
location of such violation (notwithstanding that two or more persons
may be receiving service through the connection shutoff). Service
to a disconnected building or location shall not be restored except
by the approving authority's order after payment of all arrears and
of all established charges for disconnecting and reconnecting, upon
such other terms as the approving authority may determine, and upon
the approving authority reaching a satisfactory understanding with
the person that no further cause for complaint shall arise. In case
of any violation, the approving authority may declare any payment
made for sewer service to be forfeited, and the payment shall thereupon
be forfeited. The Village reserves the right to modify the rules,
regulations and sewer charges from time to time as the Village deems
advisable, and to make special charges or contracts in all proper
cases.
B.
The following rules and regulations governing contractors, licensed
plumbers, sewer users and others are hereby adopted and established:
(1)
Plumbers. No contractor, plumber, pipe fitter or other person may
perform any plumbing or pipe fitting work in connection with the sewer
system without first obtaining a license from the State of Wisconsin,
except where Wisconsin Law authorizes property owners to perform work
on their own property without a license.
(2)
Users.
(a)
Mandatory connection.
[1]
Subject to the requirements of Subsection B(2)(c), the owner of each parcel of property adjacent to a sewer main on which exists a building suitable for human habitation or in a block through which the sewer system is extended, shall connect to the sewer system within 10 days after receiving written notice to do so from the approving authority. Upon failure to do so, the approving authority may:[1]
[a]
Connect the parcel of property to the sewer system
and bill the owner for the cost of the connection. Except as hereinafter
provided, if the costs are not paid within 10 days after the work
is completed, the costs shall be assessed as a special tax lien against
the property. The owner may, within 30 days after the work is completed,
file a written petition with the Village's Clerk-Treasurer showing
that the owner cannot pay the costs in one sum, and asking that the
costs be levied in multiple payments not to exceed five equal monthly
installments. The balance of the unpaid costs shall accrue interest
at the rate of 8% per year from the date the work is completed. The
unpaid balance shall become a special tax lien against the property
in accordance with Wis. Stats. § 281.45; or
[b]
After 10 days' written notice from the approving
authority to the owner, impose a penalty for the period during which
the violation continues, in an amount equal to 150% of the minimum
quarterly charge for sewer service for the periods during which the
failure to connect continues. If the owner fails to pay such charge
within 30 days of notice thereof, the penalty shall be assessed as
a special tax lien against the property in accordance with Wis. Stats.
§ 281.45.
[2]
A property owner's failure to connect the owner's property to
the sewer system is contrary to the Village's minimum health standards
and fails to preserve the public health, safety and welfare of the
Village's residents.
(b)
Septic tanks prohibited. The use of septic tanks and other private
sewage disposal systems within the area served by the sewer system
are declared to be a public nuisance and a health hazard. From and
after December 31, 1988, the use of any septic tank or private sewage
disposal system within the area served by the sewer system is prohibited.
This chapter shall not be construed to prohibit portable lavatories
the use of which is authorized by the Village Board.
(c)
Application for service. Every person applying to connect their
property with the sewer system shall submit a written application
to the approving authority in such form as the approving authority
may prescribe. Application forms will be available at the Village's
Clerk-Treasurer's office. The application shall state fully and truthfully
all sewer use which will be allowed, except upon further application
and permission regularly obtained from the approving authority. If
the applicant is not the owner of the premises to be served, the owner's
written consent shall accompany the application. The application may
be for service to more than one building, or more than one unit of
service through one service connection; and in such case separate
charges shall be made accordingly. If it appears to the approving
authority that the service applied for will not provide adequate service
for the contemplated use, the approving authority may reject the application.
If the approving authority approves the application, the approving
authority shall issue a permit for services as shown on the application.
(d)
Connection charge. Owners connecting their property to the sewer
system shall pay a connection charge of $400 to the Village within
30 days after the connection is completed, have the lateral from the
sewer main to the property installed at the owner's sole expense,
and repair any damage to the Village's street caused by such connection.
Owners shall indemnify Village and the approving authority from any
loss or damage that may directly or indirectly be caused by installing
the building sewer. Upon construction of the building sewer, the owner
shall be solely responsible for the cost of maintaining the building
sewer and its connection to the sewer system.
(e)
Materials and methods of construction. The size, slope, alignment,
and materials of construction of the building sewer, and the methods
used in excavating, placing, jointing and testing pipe, and backfilling
the trench, shall all conform to the requirements of the Wisconsin
Administrative Code, the building and plumbing code, and other rules
and regulations of the Village. In the absence of code provisions,
the materials and procedures set forth in the appropriate specifications
of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(f)
Tap permits. After any building or premises is connected to
the sewer system, no plumber or contractor shall make any alterations,
extensions or attachments to the sewer connection, unless the person
ordering such tapping or other work shall first exhibit to the plumber
or contractor the proper permit from the approving authority for the
work.
(g)
User to keep in repair. Each user shall keep the service pipes
in and to the user's property in good repair and protected from frost,
at the user's own risk and expense, and shall prevent any unnecessary
overburdening of the sewer system.
(h)
User use only. No user may allow other people to connect their
property to, or allow other services to connect to, the sewer system
through the user's lateral, without first obtaining the proper permit
from the approving authority.
(i)
Vacating premises and discontinuing service. Whenever a premises
served by the sewer system is to be vacated, or whenever any person
desires to discontinue service from the sewer system, the owner shall
give not less than 10 days' nor more than 30 days' written notice
of that fact to the approving authority. The owner of the premises
shall be liable to the Village for any damages to the sewer system
which may be discovered to have occurred, other than through the fault
of the sewer system, or through the fault of the Village's employees,
representatives or agents.
(j)
Abandonment of service. Whenever any sanitary sewer lateral or premises
served by the sewer system is to be considered abandoned, the owner
shall follow abandonment procedure if sewer service is to be considered
abandoned and permanently no longer needed.
[Added 11-5-2020 by Ord. No. 4-2020]
[1]
An application for abandonment shall be made, in writing, to the
Village of Trempealeau Sewer and Water Committee which shall include
the following minimum information and be submitted with a nonrefundable
application fee of $600 made payable to the Village of Trempealeau:
[a]
Name, tax parcel ID for the premises, mailing address of applicant,
including a statement that the applicant owns the property upon which
the sewer service and lateral easement lie.
[b]
A statement of the present and future use of the sewer service and
lateral.
[c]
A statement signed by the Water and Sewer Superintendent declaring
that service is abandoned and the lateral is permanently disconnected
from the main sewer. Exception to this only by consideration of the
Water and Sewer Committee and consensus of the property owner and
inspection by the Water and Sewer Superintendent that service is deemed
appropriately capped and inoperable.
[2]
Upon receipt of application, the Water and Sewer Committee will determine whether the sewer service is abandoned and ceased to be used or no longer has any substantial useful purpose. Following recommendation by the Committee and approval by the Village Board, all sewer service fees for the property will discontinue. Any future service to the property will be installed in accordance with Village Code §§ 415-4, 415-5, 415-6 and 415-7.
(k)
Inspections. An applicant for a building sewer permit shall
notify the approving authority when the building sewer is ready for
inspection and connection to the sewer system. The connection shall
be made under the supervision of the approving authority. The cost
of one inspection is included in the permit fee. Additional inspections,
if required, shall be at the expense of the applicant. Every user
shall permit the approving authority, or its agents, at any reasonable
time, to enter the user's property and building to examine the pipes
and fixtures, and the manner in which the drains and sewer connections
operate. Every user shall, frankly and without concealment, answer
any and all questions from the approving authority or its agents relating
to the sewer connection's use, in accordance with Wis. Stats. § 196.71.
(l)
Utility responsibility. No user may make any claim against the
Village, the approving authority, or any of their employees, representatives,
or agents for any break, clog, stoppage, or freezing of any sewer
service pipe; any damage arising from repairing any sewer mains, making
connections or extensions or any other work that the Village may deem
necessary. The Village hereby reserves the right to discontinue sewer
service at any time for the purpose of effecting repairs or for any
other necessary purpose, any permit or regulation to the contrary
notwithstanding. Whenever the Village shall determine it necessary
to discontinue sewer service within any portion of the Village, the
Village shall, if practicable, give notice to every user within the
area for which sewer service will be discontinued, of the time when
such service will be discontinued.
(3)
Excavation.
(a)
Each property owner shall ensure that all excavations for the
purpose of connecting the owner's building sewer to the sewer system
shall be adequately guarded with barricades and shall be adequately
lighted at night to protect the public from hazard. Each property
owner shall ensure that all streets, sidewalks, parkways and other
public property disturbed in the course of the work are restored in
a manner satisfactory to the Village Board. Each property owner shall
ensure that any pavement or earth removed in excavating in streets
or highways to lay service pipe or effect repairs is deposited in
a manner which will occasion the least inconvenience to the public.
(b)
In refilling the excavation opening, after the service pipes
are laid, each property owner shall ensure that the earth is laid
in layers of not more than nine inches in depth, and each layer thoroughly
compacted to prevent settling. This work, together with replacing
sidewalks, ballast and paving, must be done so as to make the improvements
at least as good as they were before they were disturbed, and to make
the improvements satisfactory to the Village Board. No opening of
the streets for tapping the pipes will be permitted when the ground
is frozen.
(4)
Tapping the main. 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 the approving
authority to ensure that new sewers and connections to the sewer system
are properly designed and constructed. Any person tapping pipes shall
tap the pipe in the center of the upper quadrant, and not within six
inches (15 centimeters) of the joint, or within 24 inches (60 centimeters)
of another lateral connection.
(5)
Installation of house laterals. All service pipes (laterals) on private
property shall be installed in accordance with Wis. Admin. Code Chapter
SPS 382, entitled "Design, Construction, Installation, Supervision,
Maintenance and Inspection of Plumbing." The approving authority will
inspect all laterals, building sewers and private interceptor main
sewers upon completion of placement of the pipe and before backfilling
and will test all laterals, building sewers, and private interceptor
main sewers before or after backfilling.[2]
(6)
Extension. The Village may extend sewer mains to new parcels of property
in accordance with the following procedures and subject to the following
charges and conditions:
(a)
When a prospective user or developer desires an extension of
a sewer main, the prospective user or developer shall file with the
Village Clerk-Treasurer a written application, in a form prescribed
by the Village Board. The application shall be reviewed and subject
to approval by the Village Board. After receiving an application,
the Village Board shall first determine the logical location of the
next manhole or manholes. Next, the Village Board shall determine
the length and location of the extension, taking into consideration
the future prospective demands for service, the capacity of downstream
facilities and the orderly development of the particular area. No
extension shall be made for a distance less than to the next manhole.
All sewer extensions shall be constructed in compliance with local
and state laws, ordinances and regulations.
(b)
All sewer main extensions shall be subject to approval by the
Village Board.
(c)
In accordance with the purpose and intent of this chapter and
the Village's exercise of its police powers under Wisconsin Law, the
Village Board shall determine the method of financing any sewer main
extension from among the following options:
[1]
Requiring the person requesting the extension to pay for the
total cost of the extension;
[2]
Adopting a resolution authorizing special assessments under
Wis. Stats. § 66.0703;
[3]
Adopting an ordinance imposing impact fees under Wis. Stats.
§ 66.0617;
[4]
Paying the cost of the sewer main extension by any method authorized
by Wisconsin Law; or
[5]
Employing any other method of financing available to the Village
under Wisconsin Law.
(d)
In addition to any special assessments levied against each lot
as provided above, each property owner shall pay the full cost to
install, connect and maintain the lateral from the main to the property
owner's property and pay a $400 connection charge to the Village.
(7)
Additional authority. The Village Board may at any time establish
specific connection and lateral charges for any main not covered by
any other provisions in this chapter or when the Village has made
an extension and the Village Board has failed to provide lateral or
connection charges. It is further provided that the Village Board
may amend or alter any connection or lateral charge after its establishment
under the terms of this chapter or previous ordinances or resolutions.
A.
Prohibitions against discharge. No person shall discharge, cause
to be discharged, or permit to be discharged to the sewer system any
of the following described liquids or solid wastes:
(1)
Any stormwater, surface water, groundwater, runoff or surface drainage
or any other connections from inflow sources to the sanitary sewer.
(2)
Any gasoline, benzene, naphtha, fuel oil, lubricating oil or other
flammable or explosive liquid, solid or gas or other substances which
by themselves or by interaction with other substances may create a
fire or explosion hazard, or in any other way may be injurious to
persons, property or the operation of the sewer system or the facility.
(3)
Any waters or waste containing toxic or poisonous substances in sufficient
quantity, either singly or by interaction with other wastes, which
may injure or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a public nuisance in the waters
of the facility or in the waters receiving any discharge from the
facility, or interfere with the operation of the sewer system, with
the facility, or with the Village's disposal of sludge.
(4)
Any waters or wastes having a pH lower than six or in excess of nine
or having any other corrosive property capable of causing damage or
hazard to structures, equipment or personnel of the facility or sewer
system.
(5)
Solids 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 facility 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 or fleshings, entrails or paper dishes, cups, or milk
containers, whether whole or ground by garbage grinders.
(6)
Any discharge into the sewer system or to the facility which violates
the WPDES permit or any modifications thereof.
(7)
Wastewater having a temperature higher than 150° F.
(8)
Any water or wastes which contain more than 100 parts per million
by weight of oils, fat or grease.
(9)
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 preparing food in kitchens for consumption
on the premises or for service by caterers. The installation or operation
of any commercial grinder equipped with a motor of one horsepower
or greater shall be subject to the review and approval of the approving
authority and the owner of the commercial grinder shall obtain a permit
from the approving authority prior to installing or operating any
such commercial garbage grinder unit. The fee for this permit shall
be as set by the Village Board.[1]
(10)
Any waters or waste containing iron, chromium, copper, zinc,
mercury and similar objectionable toxic substances to such a degree
that any such material received in the composite wastewater at the
facility exceed the limits established by the approving authority
for such materials or otherwise interferes with the treatment process
or with the Village's ability to dispose of sludge.
(11)
Any waters or waste containing odor-producing substances exceeding
limits which may be established by the approving authority.
(12)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the approving authority or state
or federal regulations.
(13)
Quantities of flow, concentrations or both which constitute
a "shock."
(14)
Incompatible pollutants or other 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 effluent
cannot meet the requirements of the WPDES permit or of other agencies
having jurisdiction over discharge to the receiving waters.
(15)
Any water or wastes which, by interaction with other water or
wastes in the sewer system, release obnoxious gases, form suspended
solids which interfere with the sewer system or the facility, or create
a condition deleterious to the treatment process.
(16)
Materials which exert or cause:
(a)
Unusual BOD, chemical oxygen demand or chlorine requirements
such as, but not limited to, whey, milk or blood in such quantities
as to constitute a significant load on the facility.
(b)
Unusual concentrations of inert suspended solids (such as, but
not limited to, fuller's earth, lime slurries and lime residues) or
dissolved solids (such as, but not limited to, sodium sulfate).
(c)
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solution).
(17)
No wastewater, regardless of character, shall be discharged
to the sewer system in such a manner as to interfere with the designed
operation of the sewer system or the facility, or to cause the facility
to exceed the limits imposed by the WPDES permit.
B.
Septage and holding tank wastewater.
(1)
This section applies to septage or holding tank wastewater collected
outside the service area and hauled to the Village. Local collection
points for wastewater from boats, trailers, or recreational vehicles
may connect directly to the system when permitted by the Village.
Septage disposal shall not be permitted at any location in the Village
as it is not compatible with the activated sludge treatment process
of the facility. Holding tank wastewater may be deposited only at
the influent to the facility and only pursuant to a permit issued
by Village. Any holding tank wastewater deposited into Village's sewer
system shall be of domestic origin only. The discharger shall comply
with the provisions of any and all applicable ordinances of the Village,
and shall not deposit or drain or allow others to deposit or drain
any gasoline, oil, acid, alkali, grease, rags, waste, volatile or
flammable liquids, or other deleterious substances into any part of
the sewer system.
(2)
Between August 1 and September 1 of each year, any person licensed
by the State of Wisconsin to handle holding tank wastewater and wishing
to discharge holding tank wastewater to the facility shall submit
a nonrefundable filing fee as set by the Village Board and written
application with the approving authority in such form as the approving
authority prescribes for that purpose. During the months of July and
August, application forms will be furnished at the office of Village's
Clerk-Treasurer. The application must state fully and truthfully the
type, frequency, quantity, quality and location of generated wastewater
to be discharged to the facility. During the month of September, the
approving authority will evaluate the applications and make a determination
as to the amount and conditions of holding tank wastewater which can
be discharged to the facility. The approving authority shall approve
or reject by October 1 of each year all applications received on or
before September 1. If the facility cannot accept all of the proposed
holding tank wastewater, then consideration shall be given first to
those generators of holding tank wastewater which are within the area
served by the sewer system.[2]
(3)
Holding tank discharges to the facility shall be by appointment only
during normal working hours established by the approving authority.
Any person discharging holding tank wastewater to the facility shall
submit documentation of the discharge, on a form prescribed by the
approving authority, to the Clerk-Treasurer within one working day
after the discharge. Forms for documenting the discharge will be furnished
at the Clerk-Treasurer's office and shall include the following:
(a)
Name, address and telephone number of hauler;
(b)
The hauler's wastewater hauling license number;
(c)
Type of wastewater;
(d)
Quantity of wastewater;
(e)
Estimated quality of wastewater;
(f)
Location, date, time and feed rate of discharge to the facility;
(g)
Source of wastewater;
(h)
Name and address of generator; and
(i)
Other information as Village may require.
(4)
All approvals from the Approving Authority for holding tank wastewater
discharge shall contain a restriction providing that at any time the
sewer system or the facility has operational problems, maintenance
problems or a threat of WPDES permit violation which is directly or
indirectly related to holding tank disposal, the approving authority
may immediately and without notice prohibit any or all disposal until
such time as corrective action or mitigative measures have been completed.
(5)
Any person discharging holding tank waste to the facility shall furnish
a bond to the Village in the amount of $1,000 to guarantee performance
as required by this chapter. Said performance bond shall be delivered
to the approving authority prior to the issuance of the permit hereunder.
Any person disposing of holding tank wastewater agrees to carry public
liability insurance in an amount not less than $100,000 per occurrence
to protect any and all persons or property from injury and damage
caused in any way or manner by any act, or failure to act, by the
person discharging holding tank wastewater or any of its employees.
The public liability insurance policy shall name the Village as an
additional insured. The person, prior to the permit being issued hereunder,
shall furnish a certificate certifying such insurance to be in full
force and effect.
(6)
Any person discharging holding tank wastewater shall pay the Village
a charge each time a load is discharged and a charge per 1,000 gallons
of wastewater discharge, both in amounts as set by the Village Board.
Bills shall be mailed on a monthly basis and if payments are not received
within 30 days thereafter, the person's disposal privileges shall
be suspended.
[Amended 1-4-2016 by Ord.
No. 1-2016]
C.
Special agreements. Nothing in this chapter shall be construed to
prohibit any special agreement between the Village and any person
whereby an industrial waste of unusual strength or character may be
admitted to the sewer system, either before or after pretreatment,
provided that there is no impairment of the functioning of the sewer
system or facility by reason of the admission of such wastes, and
no extra costs are incurred by the Village without recompense by the
person. Notwithstanding the foregoing, all rates set forth in this
chapter shall be minimum rates under any such agreement.
A.
Policy. It shall be the policy of the Village to obtain sufficient
revenues to pay the costs for debt service, and for the operation,
maintenance, and replacement budget, through a system of sewer service
charges. The system shall assure that each user of the facility pays
their proportionate share of the cost of the facility.
B.
Basis for sewer service charge.
(1)
Except for users whose premises are unmetered and users in the Sanitary
District, the sewer service charge shall be based on two parts, the
fixed meter charge plus the sewer use charge. The unmetered users'
rate shall be the five-eighths-inch meter fixed rate plus the average
residential volumetric sewer use charge. Sanitary District users are
charged a residential equivalent rate based on estimated domestic
waste of 4,000 gallons per month. The calculated fixed rate for unmetered
users and Sanitary District users shall include both the fixed meter
charge and sewer use charge.
(2)
The fixed meter charge and the sewer use charge shall be sufficient
to pay the costs for debt service, and for the operation, maintenance,
and replacement budget. The Village Board has provided the initial
estimates of number of users, costs, and amount of use to calculate
the first year's user charges. The Village Board shall review the
rates established under this chapter no less than biennially and shall
adjust rates, as required, to reflect the actual number of users,
costs, and amount of use. The approving authority shall notify users
annually of the portion of service charges attributable to operation,
maintenance, and replacement.
C.
Fixed meter charge. A fixed meter charge (FMC) is hereby imposed
upon each lot, parcel of land, building or premises served by the
sewer system or otherwise discharging sewage, including nondomestic
and industrial wastes, into the system. Such charge shall be payable
as herein provided and shall be on the basis of the following table:
|
Water Meter Size or Location
(inches)
|
Fixed Meter Charge per Month as of 1/1/2023
|
Fixed Meter Charge per Month as of 1/1/2024
|
|---|---|---|
|
5/8, 3/4
|
$18.66
|
$19.59
|
|
1
|
$37.99
|
$39.89
|
|
1 1/4
|
$53.54
|
$56.22
|
|
1 1/2
|
$70.47
|
$73.99
|
|
2
|
$109.33
|
$114.80
|
|
6
|
$932.62
|
$979.25
|
|
Sewer only, metered
|
$18.66
|
$19.59
|
|
Sewer only, unmetered
|
$65.80
|
$69.09
|
[1]
Editor's Note: This ordinance provided that its enforcement
shall begin in the February 2016 billing cycle, which includes January
2016 sewer usage.
[2]
Editor’s Note: This ordinance provided that the new
rates would begin as of the September 2017 billing cycle and customers
would see the rate change on their October 2017 bill.
D.
Sewer use charge.
(1)
Charge imposed.
[Amended 9-8-2015 by Ord.
No. 2-2015; 3-7-2016 by Ord. No. 2-2016]
(a)
Category A sewer use charge. Category A is defined as normal
or domestic strength wastewater having organic concentrations of biochemical
oxygen demand (BOD5) no greater than 250 milligrams
per liter (mg/L) and suspended solids no greater than 250 milligrams
per liter (mg/L). The sewer use charge for Category A wastewater is
a volumetric charge calculated as follows:
[Amended 1-6-2022 by Ord. No. 1-2022; 12-1-2022 by Ord. No. 5-2022; 12-7-2023 by Ord. No. 4-2023]
|
CF + 0.0021 CB + 0.0021 CS x V = CV x V
|
|
Where the symbols in the formula stated above shall have the
following meanings and the following rates shall apply from and after
the dates indicated below:
|
|
Rates as of 1/1/2023
|
Rates as of 1/1/2024
| |||
|---|---|---|---|---|
|
CF
|
=
|
Flow unit price rate per 1,000 gallons
|
$7.37
|
$7.74
|
|
CB
|
=
|
BOD unit price rate per pound
|
$1.28
|
$1.34
|
|
CS
|
=
|
SS unit price rate per pound
|
$1.10
|
$1.16
|
|
V
|
=
|
Total volume of water used during billing periods in units of
1,000 gallons
| ||
|
CV
|
=
|
Volume unit price rate per 1,000 gallons
|
$11.80
|
$12.39
|
(b)
A sprinkling rate for residential users and commercial users
who pass sprinkling credits to private residential users shall apply
to usage from May 1 to September 30 of each year, billed June through
October. Water use from January, February, March, and April will be
averaged. The smaller quantity from these two periods will be used
to calculate the sewer use charge for the summer period. Residential
and commercial users who separately meter water usage for sprinkling
purposes and all other classes of commercial users shall not qualify
for the sprinkling rate. A special exemption outside of the summer
period for new turf establishment may be granted at the discretion
of the utility.
(c)
Adjustment of bills and backbilling. The sewer utility shall
apply Public Service Commission water utility rules for the calculation
of bills due to water meter reading errors, for backbilling purposes,
and when the water utility requests that water be kept running to
prevent freezing of water service pipes and mains. The utility shall
apply a trickling credit when the water utility requests that users
run water.
(d)
Advanced metering infrastructure (AMI). The water utility has
implemented AMI technology for the calculation of water use through
remote reading of water meters. Sewer-only users who rent water meters
for the purpose of calculating sewer use charges shall install an
AMI reader. If the user refuses to or is unable to install an AMI
reader, the user shall default to the sewer unmetered rate.
(e)
Catastrophic leak policy. The sewer utility shall consider sewer
charge adjustments for catastrophic leaks beyond the control of the
user caused by water pipe breaks, appliance failures, and accidental
usage from an outside faucet when the user can prove that the portion
of water used did not enter the sanitary sewer system. This policy
shall apply to sprinkling-rate-eligible users for usage during the
months of January, February, March, April, October, November, and
December. This policy shall apply to all other users January through
December.
(f)
Catastrophic leak policy exemptions. This policy shall not apply
to high-water usage due to leaking toilets, faucets, water softeners,
or for water that enters into any drain connected to the sanitary
sewer system. Credit requests for pool filling, sprinkling established
lawns and gardens outside of the summer period, washing cars, failure
to turn off sprinklers or hoses, creation of ice rinks, usage within
the user's control, and for any reason that attempts to avoid legitimate
use charges shall not be considered by the utility.
(2)
Water used for refrigerating, air conditioning, humidifying, or industrial
cooling which does not enter the sewer system shall not be used in
computing the sewer use charge if a separate meter is installed to
measure the actual amount of water entering the sewer system. The
user of such system shall be responsible for furnishing, installing
and maintaining the necessary meter.
(3)
Such sewer use charge shall be payable as hereinafter provided and
in an amount determinable as follows:
[Amended 2-3-2014 by Ord.
No. 1-2014; 7-6-2017 by Ord. No. 9-2017; 11-5-2020 by Ord. No. 5-2020]
(a)
Category A is defined as normal or domestic strength wastewater
having organic concentrations of biochemical oxygen demand (BOD5) no greater than 250 milligrams per liter (mg/L) and
suspended solids no greater than 250 milligrams per liter (mg/L).
The sewer use charge for Category A wastewater is a volumetric charge
calculated as follows:
|
CF + 0.0021 CB + 0.0021 CS x V = CV x V
|
|
Where the symbols in the formula stated above shall have the
following meanings and the following rates shall apply from and after
the dates indicated below:
|
|
Rates as of 10/1/2020
|
Rates as of 12/1/2020
| ||||
|---|---|---|---|---|---|
|
CF
|
=
|
Flow unit price rate per 1,000 gallons
|
$6.49
|
$6.68
| |
|
CB
|
=
|
BOD unit price rate per pound
|
$1.13
|
$1.16
| |
|
CS
|
=
|
SS unit price rate per pound
|
$0.97
|
$1.00
| |
|
V
|
=
|
Total volume of water used during billing periods in units of
1,000 gallons
| |||
|
CV
|
=
|
Volume unit price rate per 1,000 gallons
|
$10.39
|
$10.70
| |
(b)
Category B Sewer Use Charges. Category B is defined as wastewater
having organic concentrations of biochemical oxygen demand (BOD5) greater than 250 milligrams per liter (mg/L) or suspended
solids (SS) greater than 250 milligrams per liter (mg/L), or both.
The minimum Category B charges will be based on a concentration of
250 mg/L BOD5 and 250 mg/L SS. The equation
for the monthly Category B is as follows:
[Amended 1-6-2022 by Ord. No. 1-2022; 12-1-2022 by Ord. No. 5-2022; 12-7-2023 by Ord. No. 4-2023]
|
Sewer Use Charge = Category A charge + BOD x V x 0.00834 x CB
+ SS x V x 0.00834 x CS
|
|
Where the symbols in the formula stated above shall have the
following meanings and the following rates shall apply from and after
the dates indicated below:
|
|
Rates as of 1/1/2023
|
Rates as of 1/1/2024
| |||
|---|---|---|---|---|
|
BOD
|
=
|
Total biochemical oxygen demand expressed in mg/L, less 250
| ||
|
SS
|
=
|
Total suspended solids expressed in mg/L, less 250
| ||
|
CB
|
=
|
BOD unit price rate per pound
|
$1.07
|
$1.12
|
|
CS
|
=
|
SS unit price rate per pound
|
$1.47
|
$1.54
|
|
V
|
=
|
Total volume of water used during billing period in units of
1,000 gallons
| ||
(c)
Category C sewer use charges. Category C is defined as septage
or holding tank wastewater which has organic concentrations of biochemical
oxygen demand (BOD) greater than 250 milligrams per liter (mg/L) or
suspended solids (SS) greater than 25 milligrams per liter (mg/L),
or both. The equation for the charge is the same as Category B with
an additional debt service and administrative charge at the rate set
forth below based on each load hauled to the wastewater treatment
plant. It will be assumed that holding tank wastewater has a BOD of
600 mg/L and a SS of 1,800 mg/L and septic tank wastewater has a BOD
of 5,000 mg/L and SS results of 15,000 mg/L unless an actual analysis
indicating otherwise is furnished to the Village by the user. This
concentration results in a holding tank charge at the rate per 1,000
gallons set forth below plus debt service and administrative charge
and a septic tank wastewater charge at the rate per 1,000 gallons
set forth below plus debt service and administrative charge and a
septic wastewater charge at the rate per 1,000 gallons set forth below
plus debt service and administrative charge. Holding tank discharges,
which are permitted to connect directly to the system, will have a
"fixed meter charge" established annually. This flat charge shall
be based on estimated usage and include both the fixed and sewer use
charge.
[Amended 1-6-2022 by Ord. No. 1-2022; 12-1-2022 by Ord. No. 5-2022; 12-7-2023 by Ord. No. 4-2023]
|
Rates as of 1/1/2023
|
Rates as of 1/1/2024
| |
|---|---|---|
|
Debt service and administrative charge per load hauled to the
waste water treatment plant
|
$24.67
|
$25.90
|
|
Holding tank charge per 1,000 gallons
|
$30.17
|
$31.68
|
|
Septic tank charge per 1,000 gallons
|
$30.17
|
$31.68
|
|
Septic wastewater charge per 1,000 gallons
|
$220.89
|
$231.93
|
(4)
The approving authority shall bill all sewer service charges monthly.
A 1% per month penalty on any unpaid balance will be added to those
bills not paid on or before the 30th day of the month in which the
bill is dated. The user's failure to pay such utility bill by the
30th day of the month in which the bill is dated shall empower the
Village or approving authority to discontinue sewer and water services
to the user until payment is made in full.
(5)
In the event the revenues generated from the sewer service charges
for a year exceed the actual yearly costs, those excess revenues will
be applied toward the next year's expenses to reduce the required
revenues.
(6)
Users will be notified on the on the monthly billing for the last
month of each year of the estimated sewer service charge for the following
year.
(7)
Unique users. The Village Board may, at any time hereafter, establish
additional rates for any large commercial service, industrial user
or any other unique user that does not readily fit into other user
classes.
(8)
Annexed former town sanitary sewer district. Sewer users who formerly
existed in a previous town sanitary district or future sewer users
who owned property that once existed in a previous town sanitary sewer
district, but have now been annexed into the Village of Trempealeau,
shall be treated for the purposes of this chapter (pertaining to such
items, but not limited to, fixed rates, service charges, usage charges,
etc.), as "Sanitary District" members. The following described area,
annexed December 6, 2004, shall conform to this section: all of Government
lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Sections 35; all of Government
Lot 1 of Section 34; and all of Government Lot 5 of Section 36; all
located in Township 18 North, Range 9 West, Town of Trempealeau, Trempealeau
County, Wisconsin.
[Added 1-4-2005 by Ord.
No. 1-2005[3]]
(9)
Reassignment of sewer users. The approving authority will reassign
sewer users into appropriate user classes if the approving authority
determines, from wastewater sampling programs and other related information,
that a change of categories is necessary.
E.
Annual budget and method of payment of charges.
(1)
Annually before December 15, the approving authority shall prepare
a budget for the following fiscal year, which shall be separated into
two sections, the first for operation, maintenance and replacement,
and the second for debt service. This budget shall be submitted to
the Village Board for annual approval.
(2)
Revenues for the operation, maintenance and replacement budget shall be limited to receipts from sewer use charges defined in Subsection D, shut off and reconnection charges, connection permit fees, late payment penalties defined in Subsection D(4), projected interest earned from investing balances in the operation, maintenance and replacement budget, industrial and commercial charges as defined in Subsection D(3), unique user fees defined in Subsection D(7), surplus funds defined in Subsection D(5), septic tank charges and fees for holding tanks, damage recovery charges paid by a user for any increased operation, maintenance and replacement costs caused by the user's discharge, and penalties paid by any person as a part of the enforcement of this chapter or related rules and regulations.
(3)
Expenditures for the operation, maintenance and replacement budget
shall include any projected year-end deficit and all cost defined
as follows: The actual sums spent by the approving authority in the
operation and maintenance of the sewer system consisting of, but not
limited to, each and all of the following purposes:
(a)
Wages, salaries and related expenses of operation, maintenance,
clerical, laboratory and supervisory personnel, together with fringe
benefits and premiums paid on such wages and salaries for the State
of Wisconsin workers' compensation coverage.
(b)
Electrical power.
(c)
Chemicals, fuel and other operating supplies.
(d)
Repairs to and maintenance of the equipment associated therewith.
(e)
Premiums for hazard insurance.
(f)
Rents and leasing costs.
(g)
Funds set aside for replacement of equipment items having an
expected life of less than 20 years.
(4)
Users will be notified on the quarterly billing for the last quarter
of each year of the estimated sewer service charges for the following
year.
F.
In the event the Village Board loses or relinquishes its authority
to set rates for using the facility, then such rates shall be determined
in accordance with Wisconsin Law. The Public Service Commission's
decision on water rates shall be binding upon all users.
G.
Notwithstanding anything contained herein to the contrary, if any
portion of costs associated with the operation, maintenance and replacement
budget is incurred as a result of a violation of this chapter by any
user or by an increase in the volume of wastewater discharged by any
user, then the user violating this chapter or increasing its volume
of wastewater discharge shall pay, if able to do so, all of the increase
in the operation, maintenance and replacement budget.
H.
The sewer service charge, any penalties, and all other charges payable
by users under this chapter are "sewerage service charges" which can
be collected and taxed under Wis. Stats. § 66.0821.
A.
Industrial discharges. If any waters or wastes are discharged, or proposed to be discharged to the sewer system, which waters or wastes contain substances or possess the characteristics enumerated in § 415-5A and which, in the judgment of the approving authority, may have deleterious effects upon the facility, the sewer system, equipment, or receiving waters, or which otherwise create a public nuisance or hazard of life or health, the approving authority may:
B.
Control manholes.
(1)
Each person discharging industrial wastes into the sewer system shall
construct and maintain one or more control manholes or access points
to facilitate observing, measuring and sampling wastes, including
domestic sewage.
(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, the devices shall be of a type acceptable
to the approving authority.
(3)
Control manholes, access facilities and related equipment shall be
installed by the person discharging the waste, at that person's expense,
and shall be maintained by that person so as to be in safe condition,
accessible and in proper operating condition at all times. Plans for
installing control manholes or access facilities and related equipment
shall be approved by the approving authority prior to beginning construction.
C.
Measurement and testing of wastewater discharge.
(1)
Type and location of measuring devices and recording mechanisms.
Each Category C user shall, at its sole expense, install and maintain
measuring devices at locations designated by Village's engineer and
in a manner which will ensure that the measuring devices accurately
measure the volume and content of all wastewater the user discharges
to the facility. The measuring devices shall be equipped with recording
mechanisms which will continuously record the rate of flow of the
wastewater and which will measure and record the cumulative total
of the volume of wastewater. The type of measuring devices and recording
mechanisms which will be used, together with the plans, specifications
and details pertaining to the operation thereof, shall be selected
by the user, but only with the prior approval by Village's engineer.
The measuring devices and recording mechanisms shall be housed in
structures that the Village's engineer, in the engineer's sole discretion,
determines to be suitable to protect the measuring devices and recording
mechanisms from damage. In the same structure in which the measuring
devices and recording mechanisms are housed, the user shall install
automatic sampling devices which shall be capable of collecting samples
from the wastewater at set time intervals, on time impulse, and on
a basis which is proportionate to the flow of wastewater.
(2)
Operating and testing of measuring devices and recording mechanisms.
The inspection of the measuring devices and recording mechanisms,
including the reading and recording of the volume of wastewater discharged,
shall be done by Village, or its authorized agent, in the immediate
presence of the Category C user, or its authorized agent. Except as
otherwise hereinafter provided, Village shall, on at least two occasions
each week, collect samples from the wastewater the user discharges
to the facility to verify the user's compliance with the discharge
parameters. In addition, the user shall collect one sample each day
for any five consecutive days of business operation from the wastewater
the user discharges to the facility to verify the user's compliance
with the discharge parameters. For the purpose of conducting tests
of the wastewater, an independent certified laboratory, selected by
Village, shall be retained, the expense of which shall be paid for
by the Category C user. Unless otherwise agreed by the parties, all
testing under this chapter shall be conducted in accordance with Wisconsin
Law.
(3)
Access to measuring devices and recording mechanisms. The Category
C user and Village shall have the right of access to the measuring
devices and recording mechanisms and may make any accuracy tests or
other inspections deemed by the Village or user to be necessary or
desirable. The user shall provide to the Village at least one copy
of any keys, combinations, codes or other means of gaining access
to the measuring devices and recording mechanisms within 10 days of
the effective date of this chapter or, for any measuring device or
recording mechanism installed after the effective date, within 10
days of the date on which the measuring device or recording mechanism
is installed.
(4)
Adjustments and calibrations.
(a)
Prior notice of and agreement to adjustment. The user shall
make no changes or adjustments in the measuring devices or recording
mechanisms, unless the user gives the Village two days' prior written
notice. Any adjustment to the measuring devices or recording mechanisms
shall be made by the Village or by a testing laboratory selected by
the Village.
(b)
Calibration and adjustments. Village shall make such calibration
or accuracy tests of the measuring devices and recording mechanisms
as are consistent with accepted engineering practices. Village shall
forward copies of all test results, as well as the invoices for the
tests, to the Category C user. The user shall pay all test expenses
within 10 days of receiving the invoices from Village. If the user
does not agree with the calibration of the measuring devices, or with
an adjustment of the measured wastewater flow, an impartial, independent
testing laboratory, mutually satisfactory to the user and Village,
shall be selected to supervise the repairs and calibration of the
measuring devices or recording mechanisms and to determine the proper
adjustments of the measured wastewater flow. The cost of services
of the testing laboratory shall be paid by the user. The adjustments
of charges arising out of erroneous meter readings shall be mutually
agreed upon by the user and Village, but in no event shall adjustments
be made to meter readings taken more than six months prior to the
date on which the error was discovered.
D.
Provision for deductions. In the event an industrial user discharging
industrial waste into the sewer system produces evidence satisfactory
to the approving authority that more than 10% of the total annual
volume of water used for all purposes does not reach the sewer system,
then the determination of the water consumption to be used in computing
the waste volume discharged into the sewer system by that industrial
user may be made a matter of agreement between the approving authority
and the industrial user.
E.
Grease or sand interceptors. An industrial user shall install, at the user's sole expense, grease, oil and sand interceptors when the approving authority determines they are necessary for handling liquid wastes containing floatable grease in excessive amounts as specified in § 415-5A, or any flammable wastes, sand or other harmful ingredients. 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 maintaining these interceptors, the user shall be responsible for the proper removal and disposal by the appropriate means of the captured material and shall maintain records of the dates and means of disposal, which records shall be subject to review by the approving authority. Any removal and hauling of the collected materials must be performed by properly licensed waste disposal firms.
F.
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, locations, times, durations and frequencies are to be determined
on an individual basis subject to approval by the approving authority.
(2)
The user, when required by the approving authority, shall determine
the character and concentration
of the industrial wastes the user is discharging to the sewer system
or to the facility. The approving authority may also make its own
analyses on the wastes and these determinations shall be used as a
basis for charges. If the person discharging the waste contests the
determination, the approving authority may elect to have an independent
certified laboratory determine the character and concentration of
the waste. All cost incurred by the laboratory in making the determination
shall be paid by the Category C user.
G.
Submission of information. Plans, specifications and any other pertinent
information relating to proposed monitoring, flow equalization, pretreatment
or processing facilities shall be subject to approval by the approving
authority prior to the start of their construction if the effluent
from such facilities is to be discharged into the sewer system.
H.
Submission of basic data. Within three months after the effective
date of this chapter, each person who discharges industrial wastes
to the sewer system shall collect and submit to the Village data identifying
the quantity and characteristics of the wastewater discharged to the
sewer system. Each person desiring to make a new connection to the
sewer system 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 wastewater discharged or to be discharged to the sewer system.
A.
Abnormal effluent.
(1)
Cost of cleaning and repairs. In the event a user discharges an abnormal
effluent to the facility and the abnormal effluent damages any portion
of the facility, the cost of any necessary repairs, cleaning or replacement
of the facility or of a portion of the facility, as reasonably determined
by Village, shall be billed to and paid by the user within 10 days
of the date printed on Village's invoice for such costs.
(2)
Report of anticipated abnormal effluent. Users shall give seven days'
advance written notice to Village of an impending discharge of any
abnormal effluent. The user shall immediately notify Village of any
discharge by the user which could interfere with Village's normal
operation of the facility. In the event the user discharges an abnormal
effluent which causes the DNR or another governmental agency having
jurisdiction over municipal wastewater treatment facilities to impose
fines or penalties on Village, the user shall pay such forfeitures,
fines and penalties and shall hold Village harmless from any and all
such forfeitures, fines and penalties. In the event the user fails
to pay any forfeitures, fines or penalties within the time prescribed
by Wisconsin Law, the Village may terminate all utility services to
the user.
B.
Pretreatment. In the event the measurement or testing of wastewater under § 415-7C of this chapter demonstrates that the wastewater discharged by the user violates this chapter or Wisconsin Law, Village may require the user, in Village's sole discretion and at the user's sole expense, to subject the wastewater to additional pretreatment, as Village determines is necessary. The user may, but only with Village's prior written consent and only for the period of time authorized by Village, divert wastewater from the user's discharge for pretreatment or for temporary storage. The user shall pay all costs incurred in diverting wastewater as authorized by Village in this § 415-8 and Village shall have no obligation to pay for such costs or to supervise the pretreatment of the user's discharge.
A.
Written notice of violation. Any person found to be violating a 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 facility or to the receiving body of water shall, in
addition to a fine, pay the amount to repair the damages, both values
to be established by the approving authority.
C.
Continuous violations. Any person or any officer, agent or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, be subject to the penalties provided in § 1-4. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the Trempealeau County Jail for a period not to exceed five days. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.[1]
D.
Liability to Village for losses. Any person violating any provision
of this chapter shall become liable to the Village for any expense,
loss or damage occasioned by reason of such violation which the Village
may suffer as a result thereof.
E.
Damage recovery. The Village shall have the right of recovery from
all persons, any expense incurred by the Village for the repair or
replacement of any sewer pipe damaged in any manner by any person
by the performance of any work under their control, or by the person's
negligent act.
F.
Penalties. Any person who violates any provision of this chapter or rules or regulations of the Village; or who shall connect a service pipe without first having obtained a permit therefor; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated herein by reference, shall upon conviction thereof, be subject to the penalties provided in § 1-4. This, however, shall not bar the Village from enforcing the connection duties set out in § 415-4B(2)(a) for mandatory hookup.[2]
G.
Injunctive relief. The continued operation of the facility in accordance
with this chapter is essential to the health, safety and welfare of
the Village's residents. Any dispute which jeopardizes continued operation
of the facility may result in irreparable harm to the Village's residents.
In addition to any other remedy available by law, the Village may
seek injunctive relief from a court of competent jurisdiction. Notwithstanding
anything contained herein to the contrary, the penalties provided
in this chapter are in addition and supplementary to the remedies
for injunctive relief. Notwithstanding anything contained herein to
the contrary, the remedies provided hereunder shall not be construed
to limit the Village's right to pursue any other remedy or relief
available under Wisconsin Law, or otherwise available, including but
not limited to the right to pursue actual damages. The Village's pursuit
of any remedy available under Wisconsin Law, or otherwise available
shall not constitute an election of remedies by the Village. The Village
may split its claims, both legal and equitable, in separate and cumulative
actions.
A.
Waiver. The Village Board may, in writing, waive any violation of
this chapter without waiving any other violation, and the failure
of the Village, Village Board, or approving authority to exercise
any right or remedy upon a user's violation of this chapter shall
not be taken as a waiver thereof. No waiver by the Village, Village
Board, or approving authority of any user's violation of its obligations,
agreements or covenants hereunder shall be a waiver of any subsequent
violation by such user of any of its obligations, agreements or covenants,
nor shall any forbearance by the Village, Village Board, or approving
authority of its rights and remedies with respect to such or any subsequent
violation constitute such a waiver. No waiver, change, modification
or discharge by the Village, Village Board, or approving authority
of any provision in this chapter shall be deemed to have been made
or shall be effective unless made expressly in writing.
B.
Interpretation.
(1)
The headings and captions of this chapter are included for ease of
reference only, and shall not be construed to limit or otherwise affect
the interpretation of the sections and articles to which they apply.
(2)
The terms "hereby," "herein," "hereunder," and any similar terms
shall refer to this chapter. The term "hereafter" shall mean after
the effective date of this chapter, and the term "heretofore" shall
mean before the effective date of this chapter.
(3)
The terms "thereof," "thereto," "therein," and any similar terms
shall refer to the document or other matter to which the term refers.
(4)
Words of the masculine, feminine or neuter gender shall mean and
include the correlative words of other genders, and words importing
the singular number shall mean and include the plural number and vice
versa.
(5)
Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations, limited liability
companies, limited liability partnerships, and other legal entities,
including public bodies, as well as natural persons.
(6)
The terms "include," "including," and similar terms shall be construed
as if followed by the phrase "without being limited to."
(7)
Whenever the time for performing a covenant or condition falls on
a Saturday, Sunday or holiday under the terms of this chapter, such
time for performance shall be extended to the next business day. Otherwise,
all references in this chapter to "days" shall mean calendar days.
(8)
This chapter shall be governed exclusively by and construed exclusively
in accordance with Wisconsin Law.
C.
Force majeure. The Village will be excused from the performance of
any of its obligations hereunder, for the duration of any interruption
occasioned by any event which is beyond its control, and which is
not due to its own fault or action, including, but not limited to:
acts of God; labor strikes; accidents; explosions; fires; vandalism;
war; or malicious mischief.
D.
Compliance. By connecting its property to the Village's sewer system,
each business and manufacturing user warrants and represents that
it has not received any notice that it is required to have any additional
licenses, permits, or other authorizations from any federal, state
or local authorities in order to conduct its business operations and
that it is in compliance with all federal, state and local laws, rules,
regulations and published guidelines relating to the conduct of its
business operations. Each business and manufacturing user further
warrants and represents that its business operations which discharge
or will discharge wastewater to the facility comply with Wisconsin
Law.
E.
Indemnification. By connecting its property to the Village's sewer
system, each business and manufacturing user hereby agrees to indemnify,
defend and hold Village harmless from and against any and all loss,
damage, liability and expense, including reasonable attorneys' fees
and other litigation expenses, which Village may suffer, sustain or
incur as a result of any violation of this chapter by such user.
F.
Assistance with necessary approvals. By connecting its property to
the Village's sewer system, each user agrees to cooperate with and
assist Village in obtaining all necessary approvals and shall, upon
request, execute applications, petitions and such other instruments
or documents as Village may request in connection with the necessary
approvals. By connecting its property to the Village's sewer system,
each business and manufacturing user agrees to give Village a copy
of any notice, summons or other documents relating to a pending or
threatened attack on any application for a necessary approval which
is received by the user or of which the user becomes aware.
