[Adopted 10-7-2003 (Title 9, Ch. 2, of the 1997 Code)]
It is determined and declared necessary to adopt rules to levy
and collect revenue against property where connection has been made
to the sanitary sewer in order to provide for the cost of construction,
operation, maintenance and replacement of the sewage system.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The City of Fox Lake or any person, staff, or consultant
delegated authority by the City.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed as milligrams
per liter (mg/l). Quantitative determination of BOD 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 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 building
sewer (lateral) is not considered a part of the municipal sewer system.
Those sanitary sewer users who discharge normal domestic
strength wastewater with concentrations of BOD no greater than 250
mg/l and suspended solids no greater than 250 mg/l.
Those sanitary sewer users who discharge wastewater with
concentrations in excess of 250 mg/l for BOD and 250 mg/l for suspended
solids. Users whose wastewater exceeds the concentration for any one
of these parameters shall be in Category B.
The amount of chlorine in mg/l which must be added to sewage
to produce a residual chlorine as specified in the Wisconsin Pollutant
Discharge Elimination System (WPDES) permit.
The City of Fox Lake or the City's delegated representative.
A sewer intended to receive both wastewater and stormwater
or surface water.
Biochemical oxygen demand, suspended solids, phosphorous,
nitrogen, pH, or fecal coliform bacteria, plus additional pollutants
identified in the WPDES permit for the publicly owned wastewater treatment
facility receiving the pollutants, if such works were designed to
treat such additional pollutants and, in fact, do remove such pollutants
to a substantial degree.
An acquired legal right for the specified use of land owned
by others.
Oil, fat or grease in such physical state that it will separate
by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
Operates the joint publicly owned treatment works and holds
a WPDES permit. The City contracts for wastewater treatment with the
FLWCC.
The residue from the preparation, cooking and dispensing
of food and from the handling, storage and sale of food products and
produce.
The City of Fox Lake.
The residue from the preparation, cooking and dispensing
of food that has been shredded to such a 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.
Wastewater with pollutants that will adversely affect or
disrupt the quality of wastewater treatment if discharged to a wastewater
treatment facility.
The wastewater from industrial process, trade or business
as distinct from sanitary sewage.
An industry that:
Has a flow of 90,000 gallons (12,032 cubic feet or more per
average month);
Has a flow greater than 5% of the flow carried by the wastewater
collection and treatment facilities receiving the waste;
Has a material in its discharge included on a list of toxic
pollutants issued under § 283.21(1), Wis. Stats.; or
Has a significant impact, either singularly or in combination
with other contributing industries, on the wastewater treatment facility
or the quality of its effluent.
The City of Fox Lake.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Kjeldahl nitrogen which is the sum of organic nitrogen and
ammonia nitrogen.
Wastewater with concentrations of BOD no greater than 250
mg/l and suspended solids no greater than 250 mg/l.
All costs associated with the operation and maintenance of
the wastewater collection and treatment facilities.
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 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 and is expressed in mg/l or P (phosphorus).
Any publicly owned sewer, storm drain, or sanitary sewer.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
wastewater treatment facility to maintain the capacity and performance
for which such facilities were designed and constructed.
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
A pipe or conduit that carries wastewater from residences,
commercial buildings, industrial plants, and institutions to the sanitary
sewer main, including the connection to the main.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
A charge levied on users of the wastewater collection and
treatment facilities to recover annual revenues for debt service,
replacement costs and operation and maintenance expenses of said facilities.
(The user charge which covers operation, maintenance and replacement
expenses is a part of the sewer service charge.)
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation and
shall adversely affect the collection 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,
American Water Works Association and Water Environment Federation.[1]
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
That portion of the rainfall that is drained into the storm
sewer.[2]
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater and referred to as "nonfilterable
residue."
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.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation, maintenance and replacement
costs of said facilities.
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 structures and equipment required to collect and carry
away domestic and industrial wastewater.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "wastewater
treatment plant."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
A document issued by the Wisconsin Department of Natural
Resources to the FLWCC which establishes effluent limitations and
monitoring requirements for the municipal wastewater treatment facility.
WPDES Permit No. WI-0031992-04-0 and modifications thereof pertain
to the City's wastewater treatment facility.
A.
Sanitary sewers. No person 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. Stormwater
runoff from limited areas, which may be polluted at times, may be
discharged to the sanitary sewers by permission of the approving authority.
B.
Storm sewers. Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as 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, together with any required state approvals, to a storm sewer or natural outlet.
C.
Prohibitions and limitations. 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:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
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 or sludge
disposal process, constitute a hazard to humans or animals, or create
a public nuisance in the receiving waters of the wastewater treatment
facility.
(3)
Any waters or wastes having a pH lower than 6.0 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the wastewater collection and treatment
facilities.
(4)
Any waters or wastes having a pH in excess of 9.0.
(5)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in public sewers or other interference
with the proper operation of the wastewater collection and treatment
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.
(6)
The following described substances, materials, waters or waste shall
be limited in discharges to municipal sanitary sewer systems to concentrations
or quantities which will not harm either the sanitary sewers, wastewater
treatment process or equipment; will not have an adverse effect on
the receiving stream; or will not otherwise endanger lives, limb,
or public property or constitute a nuisance. The approving authority
may set limitations lower than the limitations established in this
article if, in its opinion, such more severe limitations are necessary
to meet the above objectives. In forming its 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 sanitary sewers, the
wastewater treatment process employed, capacity of the wastewater
treatment facility, and other pertinent factors. The limitations or
restrictions on materials or characteristics of waste or wastewaters
discharged to the sanitary sewers which shall not be violated without
approval of the approving authority are as follows:[1]
(a)
Wastewater having a temperature higher than 150° F. (65°
C.).
(b)
Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable
cutting oils, or products of mineral oil origin.
(c)
Wastewater from industrial plants containing floatable oils,
fat, or grease.
(d)
Any garbage that has not been property 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.
(e)
Any waters or wastes containing iron, chromium, copper, zinc
and other toxic and nonconventional pollutants to such degree that
any such material is received in the composite wastewater in concentrations
that exceed levels specified by federal, state or local pretreatment
standards and requirements, as may be specified from time to time.
(f)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the approving authority.
(g)
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.
(h)
Quantities of flow or concentrations, or both, which constitute
a slug as defined herein.
(i)
Any waters or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment process 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.
(j)
Any water or wastes which, by interaction with other water or
wastes in the sanitary sewer system, release obnoxious gases, form
suspended solids which interfere with the collection system, or create
a condition deleterious to structures and treatment processes.
(k)
Materials which exert or cause the following:
[1]
Unusual BOD, COD or chlorine requirements in such quantities
as to constitute a significant load on the wastewater treatment facility.
[2]
Unusual volume of flow or concentration of wastes constituting
slugs, as defined herein.
[3]
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.
[4]
Excessive discoloration such as, but not limited to, dye wastes
and vegetable tanning solutions.
(l)
Pollutants in excess of the allowed limits as determined by
City, state and federal rules and regulations in reference to pretreatment
standards developed by the EPA, 40 CFR 403.
D.
WPDES permit. The City shall comply with all the requirements of
WPDES Permit No. WI-0031992-04-0 and of all modifications thereof.
No discharge shall be allowed into the sanitary sewers that is in
violation of the requirements of the WPDES permit and the modifications
thereof.
E.
Special arrangements. No statement contained in this section 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 collection and treatment
facilities, either before or after pretreatment, provided that there
is no impairment of the functioning of the wastewater collection and
treatment facilities by reason of the admission of such wastes, and
no extra costs are incurred by the City without recompense by the
person, provided that all rates and provisions set forth in this article
are recognized and adhered to.
F.
New connections. New connections to the City's sanitary sewer system
will be allowed only if there is available capacity in all of the
downstream wastewater collection and treatment facilities.
A.
Submission of basic data. Within two months (60 days) after passage
of this article, each person who discharges 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 collection
and treatment facilities. The Authority may require that this data
be provided annually at a time specified by the approving authority.
(2)
Similarly,
each person desiring to make a new connection to a 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 above, a request for extension of time may be presented to the approving authority for consideration.
C.
Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 470-41 of this article, and which, in the judgment of the approving authority, have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the authority may:
D.
Control manholes.
(1)
Each person discharging industrial wastes into a public sewer shall,
at the discretion of the approving authority, construct and maintain
one or more control manholes or access points to facilitate observation,
measurement and sampling of his 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, they 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 his expense, and
shall be maintained by him 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.
F.
Provisions of deductions. In the event that a person discharging
industrial waste into the sanitary 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 sanitary
sewer, then the determination of the water consumption to be used
in computing the waste volume discharged into the sanitary sewer may
be made a matter of agreement between the approving authority and
such person.
G.
Metering of 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 person and tested at least annually. Following
approval and installation, such meters may not be removed without
the consent of the approving authority.
H.
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)
Samples 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, operation and maintenance of the sampling facilities
shall be the responsibility of the person 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 representative 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.
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, or necessary
to comply with federal, state or local pretreatment standards and
requirements, the person shall provide, at his expense, such preliminary
treatment or processing facilities as may be determined necessary
to render his wastes acceptable for admission to the sanitary sewer.
J.
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 § 470-41 of this article, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or 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 maintaining these interceptors, the owner 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. Disposal of the collected materials performed by owner's personnel or currently licensed waste disposal firms must be in accordance with currently acceptable DNR practice.
K.
Analyses.
(1)
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this article shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, and with the federal regulations in 40 CFR 136,
Guidelines Establishing Test Procedures for the Analysis of Pollutants.
Sampling methods, location, time, 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 person 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 sewer service charges.
The monitoring and analyses, as herein provided, shall also be binding
in determining if the person discharging the waste, or his agent,
is in compliance with pretreatment standards and requirements, as
specified by federal, state or local authorities.
L.
Submission of information. Plans, specifications, and any other pertinent
information relating to proposed flow equalization, 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.
A.
Sewer users served by Water Utility water meters. There is hereby
levied and assessed upon each lot, parcel of land, building or premises
having a connection with the wastewater system and being served with
water solely by the Water Utility a wastewater treatment service charge
based, in part, on the quantity of water used, as measured by the
Water Utility water meter used upon the premises.
B.
Sewer users served by private wells.
(1)
If any person discharging sewage into the public sanitary sewer system
procures any part or all of his waste from sources other than the
Water Utility, all or part of which is discharged into the public
sanitary sewer system, the person shall be required to have water
meters installed for the purpose of determining the volume of water
obtained from these sources. Where sewer meters are already installed,
water meters will not be required. The water meters shall be furnished
by the Water Utility and installed under its supervision, all costs
being at the expense of the person requiring the meter.
(2)
The user shall be responsible for the purchase of a water meter that
meets the specifications of the Water Utility. The Utility will maintain,
repair and test the meter. Costs attributable to the meter maintenance,
repair and testing will be assessed to the user.
C.
Fox Lake Inland Lake Protection and Rehabilitation District (FLILP&RD).
The approving authority acknowledges that portions of the Fox Lake
Inland Lake Protection and Rehabilitation District discharge wastewater
into the City's sewer system. Sewer user charges for these discharges
will not be addressed within this article as the same will be addressed
through an intermunicipal agreement executed between the parties.
All other pertinent requirements within this section, however, apply
to the wastewater discharged from the FLILP&RD into the City's
sewer system.
D.
Non-contact meters.
(1)
If a user feels that a significant amount of metered water does not
reach the sanitary sewer, he can, at his own expense, through the
approving authority, install a second water meter or an additional
metered service that would monitor this flow. Charges for sewer use
would be made based on the difference between the two meter readings
if only a second meter is installed, and on actual water metered for
sewer use if an additional metered service is installed.
(2)
Requests for a second meter or metered service must be made in writing
to the approving authority.
(3)
The approving authority may make exceptions to the requirements of
non-contact meters for residential users if the amount of City water
used and not discharged to the sanitary sewer can be estimated by
the authority.
A.
Sewer service charges unit costs. On or before the first Common Council
meeting in February of every year, the City Administrator shall compute
the sewer use charge and shall make a report and recommend to the
Common Council the sewer use charge to be established for the subsequent
year. The Common Council shall adopt the use charge by resolution.
B.
Category A users. The sewer service charge for Category A wastewater shall be determined annually by the Common Council pursuant to Subsection A above.
C.
Industrial strength users.
(2)
The industrial strength sewer service charge shall be computed in
accordance with the formula presented below:
|
A = B + [(C-D) x G1] + [(E-D) x G2] + F
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Where:
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A
|
=
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Charge to sewer user for collection and treatment of wastewater.
| |
|
B
|
=
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Fixed charge per billing period.
| |
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C
|
=
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Total BOD discharged in pounds.
| |
|
D
|
=
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Pounds allowed (250 mg/l x flow x 8.34).
| |
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E
|
=
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Total SS discharged in pounds.
| |
|
F
|
=
|
Volume charge.
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G1
|
=
|
Cost per pound of BOD.
| |
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G2
|
=
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Cost per pound of suspended solids.
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D.
Reassignment of sewer users. The approving authority shall reassign
sewer users into appropriate sewer service charge categories if wastewater
sampling programs and other related information indicate a change
of categories is necessary.
E.
Operation, maintenance and replacement fund accounts.
(1)
The annual replacement revenues shall be maintained in a separate
account to be used solely for the purpose of purchasing replacement
parts and/or equipment. Funds may be withdrawn from this account for
these uses only with the approval of the approving authority.
(2)
All revenues collected for the replacement funds and for operation
and maintenance of the wastewater collection and treatment facilities
must be used solely for the replacement fund and operation and maintenance
of the wastewater collection and treatment facilities.
F.
Disposal of septic tank sludge and holding tank sewage.
(1)
No person in the business of gathering and disposing of septic tank
sludge or holding tank sewage shall transfer such material into any
disposal area or public sewer unless a permit for disposal has been
first obtained from the City 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 the 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 set by the Common Council. The time and place
of disposal will be designated by the City. The City may impose such
conditions as it deems necessary on any permit granted.[1]
(2)
Any person disposing of septic tank sludge or holding tank sewage
agrees to carry public liability insurance in an amount not less than
$100,000 to protect any and all persons or property from injury and/or
damage caused in any way or manner by an act, or the failure of an
act, by any of his employees. The person shall furnish a certificate
certifying such insurance to be in full force and effect.
(3)
All materials disposed of into the treatment system shall be of domestic
origin, or compatible pollutants only, and the person agrees that
he will comply with the provisions of any and all applicable ordinances
of the City and 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 other solid material to pass into any part of the wastewater collection
and treatment facilities.
(4)
Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater collection and treatment facilities shall be charged a service charge per load set by the Common Council and 125% of the volume charge or industrial strength user charge as applicable pursuant to Subsections B and C above.[2]
(5)
The person disposing waste agrees to indemnify and hold harmless
the City from any and all liability and claims for damages arising
out of, or resulting from, work and labor performed.
G.
Connection charge.
(1)
There is hereby levied a connection charge upon each lot or parcel
of land currently within the City but not having an existing connection
to the wastewater works and upon land subsequently attached to the
City known as a "connection charge." Such connection charge shall
be on the basis of one connection charge for each residential equivalent
connection connected to the wastewater works.
(2)
Existing and future connections. For the purposes of this section,
sewer connections in the City shall be classified as existing connections
or future connections. Existing connections shall be those in existence
and connections for which a sewer connection permit has been issued
and construction started prior to the adoption of this article. Future
connections shall be those not in existence as of the adoption of
this article.
(3)
Schedule of charges. The connection charge for a single-family residence
shall be as determined by the City on an annual basis which shall
be the unit of charge for residential equivalent connection. Multifamily
dwellings shall pay connection charges on the basis of number of residences
within the structure, i.e., duplex (two units) or eight-family (eight
units). The Administrator shall determine the residential equivalency
units for all other categories of buildings. A domestic user equivalent
shall be equal to 250 gallons per day of wastewater discharge at normal
strength as defined by this subsection. Special charges may be determined
by the approving authority for large commercial or industrial users.
(4)
Payments. There shall be no connection charge for existing connections.
Payments of the connection charge for future connections shall be
paid in full upon the issuance of a building permit.
H.
Special rates. It is understood, however, that the approving authority
may at any time hereafter set special rates for any large commercial
service, industrial use of any other unique user that does not readily
fit into other categories of users.
A.
Method of billing. The sewer service charge shall be payable to the
City Treasurer in such manner as may be directed from time to time
by the Common Council. Any change in the manner of payment shall be
published in a newspaper, in the form of display or commercial type
rather than legal notice form, no less than three consecutive weeks
prior to the commencement of the new billing and paying procedures.
B.
Payment. Those persons billed by the City for sewer service charges
shall pay such charges within 20 days after the billing date at designated
payment stations.
C.
Penalties. A penalty of 1 1/2% per month of unpaid balance shall
be added to all bills not paid by the date fixed for final payment
in accordance with any administrative procedures for payment determined
by the Common Council.
D.
Lien for charges. Sewage service charges shall be a lien upon the
property served pursuant to § 66.0821, Wis. Stats., and
shall be collected in the manner therein provided. Every reasonable
care will be exercised by the City in the proper delivery of sewer
bills. Failure to receive a sewer bill shall not relieve any user
of the responsibility for payment of sewer service charges within
the prescribed period, nor exempt any user from any penalty imposed
for delinquency in the payment.
A.
Right of entry. The approving authority or other duly authorized
employees of the City, bearing proper credentials and identification,
shall be permitted to enter all properties for the purpose of inspection,
observation or testing, all in accordance with the provisions of this
article and § 200.11(3), Wis. Stats. The approving authority,
or other duly authorized employee of the City, 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 or waterways or
wastewater treatment facilities.
B.
Safety. While performing the necessary work on private premises referred to in Subsection A above, the duly authorized City employees shall observe all safety rules applicable to the premises established by the person, and the City shall indemnify the person against loss or damage for personal injury or property damage asserted against the person and growing out of the gauging and sampling operation, and indemnify the person against loss or damage to its property by City employees, except as such may be caused by negligence or failure of the person to maintain safe conditions as required in § 470-42 of this article.
C.
Identification; right to enter easements. The approving authority,
or other duly authorized employees of the City, bearing proper credentials
and identification, shall be permitted to enter all private properties
through which the City 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 sewage works lying within
said easement, all subject to the terms, if any, of the duly negotiated
easements.
A.
Work authorized. No unauthorized person shall uncover, make any connection
with or opening into, use, alter or disturb the sanitary sewer or
appurtenances thereof without first obtaining a written permit from
the City.
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 property owner shall indemnify the City from
any loss or damage that may directly or indirectly be occasioned by
the installation of 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 Building Inspector, to meet all requirements for this article.
D.
Materials and methods of construction. The size, slope, alignment,
materials of construction of a 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 Codes or other applicable rules and regulations
of the City. In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the ASTM and WEF Manual of Practice No. 9 shall apply.[1]
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 sewage carried by such
building drain shall be lifted by an approved means and discharged
to the building sewer.
F.
Stormwater and groundwater drains.
(1)
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 is connected directly
or indirectly to a sanitary sewer.
(2)
All existing downspouts or groundwater drains, etc., connected directly
or indirectly to a sanitary sewer must be disconnected within 60 days
of the date of an official written notice from the approving authority.
Exceptions to the above shall be made by the approving authority.
G.
Conformance with codes. The connection of the building sewer into
the sanitary sewer shall conform to the requirements of the City Building
and Plumbing Codes or other applicable rules and regulations of the
City or the procedures set forth in appropriate specifications of
the State of Wisconsin Department of Safety and Professional Services.
All such connections shall be made gastight and watertight. Any deviation
from the prescribed procedures and materials must be approved by the
Building Inspector before installation.[2]
A.
Declaration of nuisance. Violation of any provisions of this article
or any other rules or orders lawfully promulgated by the City is declared
to be a public nuisance.
B.
Enforcement. The Director of Public Works or designee shall enforce
those provisions of this article that come within the jurisdiction
of his office and he shall make periodic inspections and inspections
upon complaint to ensure that such provisions are not violated. No
action shall be taken under this section to abate a public nuisance
unless the Director of Public Works or designee shall have inspected,
or cause to be inspected, the premises where the nuisance is alleged
to exist and shall have satisfied himself that a nuisance does, in
fact, exist.[1]
C.
Liability to City for losses.
(1)
Any entity or owner violating any provision of this article shall
become liable to the City for any expense, loss or damage occasioned
by reason of such violation which the City may suffer as a result
thereof.[2]
(2)
The approving authority must be notified immediately by any person
becoming aware of any violations that occur.
A.
Any discharger or agent of the discharger shall have the right to
appeal an interpretation or ruling by the City on any matter covered
by this article. The discharger or agent shall be entitled to a hearing
before the Common Council for the purpose of appeal. Such a meeting
shall be promptly scheduled by the City upon receipt of a written
appeal from the discharger.
B.
In the event that such appeal deals with matters of performance or
compliance with this article for which enforcement activity relating
to an alleged violation is subject, receipt of a discharger's written
appeal shall stay all enforcement proceedings pending the hearing
before the Common Council. Appeal on a final judgment by the City
entered pursuant to this article may be taken in accordance with the
law of the State of Wisconsin.
A.
The City shall conduct an annual audit, the purpose of which shall
be to maintain the proportionality between users and user classes
of the user charge system and to ensure that adequate revenues are
available relative to changing operation, maintenance and replacement
costs.
B.
The City shall, at least annually, notify the users of current or
any change in the portion of user charges and ad valorem taxes attributable
to wastewater treatment services.
A.
Purpose and policy. This section and §§ 470-52 to 470-56 of this article set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City and enable the City to comply with applicable state and federal laws required by the Clean Water Act of 1977 (Public Laws 95-217) and the General Pretreatment Regulations (40 CFR 403).
B.
(1)
Prevent the introduction of pollutants into the City wastewater system
which will interfere with the operation of the system or contaminate
the resulting sludge.
(2)
Prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with
the system.
(3)
Improve the opportunity to recycle and reclaim wastewaters and sludges
from the system.
(4)
Provide for equitable distribution of the operation and maintenance
cost of the City's implementation of the industrial pretreatment program.
(5)
Provide for the regulation of direct and indirect contributors to
the City wastewater system through the issuance of permits to certain
nondomestic users and through enforcement of general requirements
for the other users, authorize monitoring and enforcement activities,
require user reporting, assume that existing customers' capacity will
not be preempted, and provide for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
(6)
Apply to the City and to persons outside the City who are, by contract
or any other agreement with the Utility, users of the City POTW. Except
as otherwise provided herein, the approving authority of the City
POTW shall administer, implement and enforce the provisions of these
sections.
C.
ACCIDENTAL DISCHARGE
ACT or THE ACT
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
CATEGORICAL STANDARDS or CATEGORICAL PRETREATMENT STANDARDS
CHEMICAL OXYGEN DEMAND
COOLING WATER
DIRECT DISCHARGE
DIRECTOR
ENVIRONMENTAL PROTECTION AGENCY (EPA)
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARDS or PRETREATMENT
STANDARDS
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
POLLUTION
PUBLICLY OWNED TREATMENT WORKS (POTW)
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
Definitions. Unless the text specifically indicates otherwise, the following terms and phrases, as used in this section and §§ 470-52 to 470-56 of this article, shall have the meanings hereinafter designated. (See § 470-40 of this article for additional definitions.)
Accidental or unintentional discharge of wastewater from
an industrial user which contains indirect discharge, pollutants or
sludges which are not normally discharged by the industrial user.
An accidental discharge may also be unintentional slug loading of
wastes normally discharged by the industrial user which causes the
industrial user to exceed its wastewater discharge permit limitations.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
May be:
A principal executive officer of at least the level of vice
president if the industrial user is a corporation.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
National categorical pretreatment standards or pretreatment
standards.
The quantity of oxygen utilized in the chemical oxidation
of organic matter, expressed in mg/l, as determined in accordance
with standard laboratory procedure as set out in the latest edition
of Standard Methods for the Examination of Water and Wastewater.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the waters of the state.
The chief administrative officer of the Wisconsin Department
of Natural Resources.
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation of the administrator or
other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW (including holding tank waste
discharged into the system).
A source of indirect discharge.
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the City's WPDES permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with Section 405
of the Act (33 U.S.C. § 1345) or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act or more
stringent state criteria (including those contained in any state sludge
management plan prepared pursuant to Title IV of SWDA) applicable
to the method of disposal or use employed by the POTW.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317) which applies to a specific category of industrial
users.
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing Section 307(c)
of the Act (33 U.S.C. § 1317) categorical pretreatment standards
which will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, "new
source" means any source, the construction of which is commenced after
the date of promulgation of the standard.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Reference § 470-40, the definition of "Fox Lake Wastewater Control Commission."
A document issued by the City to certain industrial users
in the City to set forth the requirements and limitations for the
industrial user.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
A.
General discharge prohibitions.
(1)
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute any of the substances listed in § 470-41 of this article or the following substances to any POTW:
(a)
Any substance which may cause the POTW's effluent or any other
product of the POTW such as residues, sludges or scums to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act or any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act or state criteria applicable to the sludge
management method being used.
(b)
Any wastewater which in coordination with other wastewater will
cause the temperature of the raw wastewater entering the wastewater
treatment plant to exceed 104° F. (40° C.).
B.
National Categorical Pretreatment Standards. Upon the promulgation
of the categorical pretreatment standards for a particular industrial
subcategory, the categorical pretreatment standards, if more stringent
than limitations imposed under this section for sources in that subcategory,
shall immediately supersede the limitations imposed under this section.
The approving authority shall notify all affected users of the applicable
reporting requirements under 40 CFR 403.12.
C.
Modification of National Categorical Pretreatment Standards. Where
the City's wastewater treatment system achieves consistent removal
of pollutants limited by categorical pretreatment standards, the City
may apply to the Administrator for modification of specific limits
in the categorical pretreatment standards. "Consistent removal" shall
mean reduction in the amount of a pollutant or alteration of the nature
of a pollutant in the influent to a POTW to a less toxic or harmless
state in the effluent which is achieved by that POTW. The City may
modify pollutant discharge limits in the categorical pretreatment
standards if the requirements contained in 40 CFR 403.7 are fulfilled
and prior approval from the Administrator is obtained.
D.
Specific pollutant limitations.
(1)
No
person shall discharge wastewater containing in excess of the following:
|
Metal
|
Monthly Average Concentration Limit
(mg/l)
| |
|---|---|---|
|
Arsenic
|
0.003
| |
|
Cadmium
|
0.003
| |
|
Lead
|
0.034
| |
|
Mercury
|
0.002
| |
|
Molybdenum
|
0.003
| |
|
Nickel
|
0.017
| |
|
PCBs
|
0.002
| |
|
Selenium
|
0.004
| |
|
Zinc
|
0.302
| |
|
Copper
|
0.294
|
(2)
Monthly
average chloride concentration limit: 125 mg/l.
E.
City's right of revisions. The City reserves the right to establish,
by ordinance, more stringent limitations or requirements on discharges
to the POTW, if deemed necessary.
F.
Excessive discharge. No user shall ever increase the use of process
water or, in any way, attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
the limitations contained in the categorical pretreatment standards,
or in any other pollutant-specific limitation developed by the City
or the state.
G.
Accidental discharges.
(1)
Each user shall have a procedure to prevent accidental discharge
of prohibited materials or other substances regulated by this article.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or user's own expense.
(2)
A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the event
of a dangerous discharge. Employers shall ensure that all employees
who may become aware of the existence of or cause such a dangerous
discharge to occur, or who may suffer from such a discharge, are advised
of the emergency notification procedure.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs for the implementation of the program established herein.
The applicable charges or fees shall be set forth in the City's schedule
of charges and fees to be prepared, from time to time, by the City.
B.
Charges. The City may adopt charges which may include the following:
(1)
Sampling and laboratory analysis charge. The City shall assess the
industrial users a sampling charge and a laboratory analysis charge
to recover the City's expenses for sampling and analyzing the industrial
wastewater samples for specific pollutants. The charges will be the
commercial laboratory fees charged in addition to other fees.
(2)
Additional costs. Additional costs shall be charged to industrial
users on case-by-case basis for consistent removal by the City of
pollutants otherwise subject to categorical pretreatment standards.
A.
General permits. All existing industrial users who discharge toxic
pollutants, potentially discharge toxic pollutants or who have the
potential of upsetting the POTW shall obtain a wastewater discharge
permit as required by this section. All new industrial users proposing
to connect to or to contribute to the POTW wastewater containing toxic
pollutants or potentially containing toxic pollutants or wastewater
that may potentially upset the POTW shall obtain the wastewater discharge
permit before connecting to or contributing to the POTW.
B.
Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the City an application in the form prescribed by the City. Existing users shall submit a permit application for a wastewater discharge permit within 90 days after the effective date of this article and proposed new users shall submit a permit application at least 90 days prior to connecting to or contributing to the POTW. Existing industrial users who will be required to obtain a permit in accordance with Subsection A above after changing their wastewater volume and/or characteristics shall submit a permit application at least 90 days before the proposed process wastewater is discharged to the sewerage system. A one-hundred-eighty-day baseline report can be submitted with the permit application to provide some of the data required for the permit application. New users shall submit estimates for those required items where actual data is not yet available. The permit application shall be signed by an authorized representative of the industrial user and certified to by a qualified professional. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1)
Name and address, and location if different from the address.
(2)
Standard industrial classification (SIC) number according to the
Standard Industrial Classification Manual, Bureau of the Budget, 1972,
as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in § 470-52 of this article, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR 136, as amended.
(4)
Time and duration of wastewater contribution.
(5)
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any, for users over 10,000
gallons per day.
(6)
Site plans showing sewer connections and appurtenances by size and
location.
(7)
General description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged.
(8)
The nature and concentration of any pollutants in the discharge which
are limited by any City, state or national categorical pretreatment
standards and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance and/or additional pretreatment
is required for the user to meet applicable categorical pretreatment
standards.
(9)
If additional pretreatment and/or operation and maintenance will
be required to meet the categorical pretreatment standards, the user
shall submit the shortest schedule by which the user will provide
such additional pretreatment. The completion date in this schedule
shall not be later than the compliance date established for the applicable
categorical pretreatment standard. The following conditions shall
apply to this schedule:
(a)
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable categorical pretreatment standards,
e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc. No increment shall exceed nine months.
(b)
No later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the City, including, at a minimum, whether or not the user complied
with the increment of progress to be met on such date and, if not,
the date on which the user expects to comply with this increment of
progress, the reason for delay and the steps being taken by the user
to return the construction to the schedule established. In no event
shall more than nine months elapse between such progress reports to
the City.
(10)
Hours of operation of plant and proposed or actual hours of
operation of pretreatment system. The City shall evaluate the data
furnished by the user and may require additional information. After
evaluation and acceptance of the data furnished, the City may issue
a wastewater discharge permit subject to terms and conditions provided
herein.
C.
Permit modifications. Within 270 days of the promulgation of National Categorical Pretreatment Standards, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. In addition, the user with an existing wastewater discharge permit shall submit to the City, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by Subsection B(8) and (9) above. Where a user, subject to National Categorical Pretreatment Standards, has not previously submitted an application for a wastewater discharge permit, as required by Subsection B above, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standards. The wastewater discharge permits shall be issued to the users within 90 days after the receipt of the wastewater discharge permit application.[1]
D.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, user charges and fees established by the City. Permits
may contain the following:
(1)
The schedule of charges and fees as listed in § 470-53 of this article for the wastewater to be discharged to the POTW.
(2)
Limits on the average and maximum wastewater constituents and characteristics.
(3)
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
Requirements for installation and maintenance of pretreatment facilities.
(6)
Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, types and standards
for tests and reporting schedule.
(7)
Compliance schedules.
(9)
Requirements for notification to the City of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
(10)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the City, and affording City
utility access thereto.
(12)
Other conditions as deemed appropriate by the City to ensure
compliance with this article.
E.
Permit duration. Permits shall be issued for a four-year period. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements identified in § 470-52 of this article are modified or as other just causes exist. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F.
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without prior written
approval of the City. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit.
G.
Reporting requirements for permittee.
(1)
Compliance data report. Within 90 days following the date of final
compliance with applicable categorical pretreatment standards or,
in the case of a new source, following commencement of the introduction
of wastewater into the POTW, any user subject to categorical pretreatment
standards and pretreatment requirements shall submit to the City a
report indicating the nature and concentration of all pollutants in
the discharge from the regulated process which are limited by categorical
pretreatment standards and requirements and the average and maximum
daily flow for these process units in the user's facility which are
limited by such categorical pretreatment standards and requirements.
The report shall state whether the applicable categorical pretreatment
standards and requirements are being met on a consistent basis and,
if not, what additional operation and maintenance and/or pretreatment
is necessary to bring the user into compliance with the applicable
categorical pretreatment standards and pretreatment requirements.
This statement shall be signed by an authorized representative of
the user and certified to by a qualified professional.
(2)
Periodic compliance reports. Any user subject to a pretreatment standard
after the compliance date of such categorical pretreatment standards
or, in the case of a new source, after commencement of the discharge
into the POTW shall submit to the City, during the months of June
and December of each year unless required more frequently in the categorical
pretreatment standard or by the City, a report indicating the nature
and concentration of pollutants in the effluent which are limited
by such categorical pretreatment standards. In addition, this report
shall include a record of all daily flows which, during the reporting
period, exceeded the average daily flow. At the sole discretion of
the City and in consideration of such factors as local high or low
flow rates, holidays, budget cycles, etc., the City may agree to alter
the months during which the above reports are to be submitted. These
statements shall be signed by an authorized representative of the
user and certified to by a qualified professional.
(3)
The City may impose mass limitations on users who are using dilution
to meet applicable categorical pretreatment standards or pretreatment
requirements or in other cases where the imposition of mass limitations
is appropriate. In such cases, the report shall indicate the mass
of pollutants regulated by categorical pretreatment standards in the
effluent of the user. These reports shall contain the results of sampling
and analysis of the discharge, including the flow and the nature and
concentration, or production and mass where requested by the approving
authority, of pollutants contained therein which are limited by the
applicable categorical pretreatment standards. The frequency of monitoring
shall be prescribed in the applicable pretreatment standards. All
analyses shall be performed in accordance with procedures established
in Standard Methods for the Examination of Water and Wastewater, 15th
Edition, 1981, and/or established by the DNR, pursuant to Section
304(h) of the Act and contained in 40 CFR 136 and amendments thereto
or with any other test procedures approved by the DNR. Sampling shall
be performed in accordance with the techniques approved by the DNR.
(Comment: Where 40 CFR 136 does not include a sampling or analytical
technique for the pollutant in question, sampling and analysis shall
be performed in accordance with the procedures set forth in the EPA
publication "Sampling and Analysis Procedures for Screening of Industrial
Effluents for Priority Pollutants, April 1977" and amendments thereto
or with any other sampling and analytical procedures approved by the
DNR.)
(4)
Pretreatment. Users shall provide necessary wastewater treatment
as required to comply with this article and shall achieve compliance
with all National Categorical Pretreatment Standards within the time
limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the City shall be provided, operated and maintained at the user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the City for review and shall be
acceptable to the City before construction of the facility. The review
of such plans and operating procedures shall in no way relieve the
user from the responsibility and/or expense of modifying the facility
as necessary to produce an effluent acceptable to the City under the
provisions of this article. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be acceptable
to the City prior to the user's initiation of the changes. All records
relating to compliance with categorical pretreatment standards shall
be made available to officials of the EPA or the Director upon request.
H.
Confidential information.
(1)
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspection
shall be available to the public and governmental agencies without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
(2)
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available upon written request to governmental agencies
for uses related to this article, the WPDES permit, state disposal
system permit and/or the pretreatment programs; provided, however,
that such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
(3)
Information accepted by the City as confidential shall not be transmitted
to any governmental agency or to the general public by the City until
and unless a notification of five working days is given to the user.
I.
Sludges generated. Sludges, floats, skimmings, etc., generated by
an industrial or commercial pretreatment system shall not be placed
into the City POTW. Such sludges shall be contained, transported and
disposed of by haulers in accordance with all federal, state, and
local regulations.
J.
Records retention. All dischargers subject to this article shall
maintain records of all monitoring activities and results, whether
or not such monitoring is required under this article, for a minimum
of three years. This period of retention shall be extended during
the course of an unresolved litigation or when requested by the City,
the EPA or the state. Such records shall include, for all samples,
the following:
A.
Slug or accidental discharges.
(1)
Users shall notify the City immediately upon having a slug or accidental discharge of substances or wastewater in violation of this article in order to enable countermeasures to be taken by the City to minimize damage to the POTW and the receiving waters. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. The City may choose to immediately take action pursuant to Subsection E below.
(2)
Within five days following an accidental discharge, the user shall submit to the City Administrator a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to persons or property, nor shall such notification relive the user of any forfeitures, civil penalties or other liability which may be imposed by this article or other applicable law. After receipt and review of the written report, the City may choose to take no further action or to take action in accordance with Subsection C below and/or Subsection D and/or E below.
B.
Revocation of wastewater discharge permit.
(1)
Any user who violates any of the following conditions, conditions of this article or applicable state and federal regulations is subject to having his permit revoked, in accordance with the procedures of Subsections C and D below:
(a)
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
(b)
Failure of the user to report significant changes in operations
or wastewater constituents and characteristics.
(c)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
(d)
Violation of conditions of the permit.
(e)
Is found tampering or to have tampered with sampling or flow
measurement equipment, samples and/or analyses being conducted by
or at the direction of the City.
(2)
The City may also suspend the wastewater treatment service and/or
a wastewater discharge permit when such suspension is necessary, in
the opinion of the City, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
or causes interference to the POTW, or causes the City to violate
any conditions of the WPDES permit.
(3)
Any user notified of a suspension of the wastewater treatment service
and/or the wastewater discharge permit shall immediately stop or eliminate
the contribution. In the event of a failure of the user to comply
voluntarily with the suspension order, the City shall take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW system or endangerment to
any individuals. The City shall reinstate the wastewater discharge
permit and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge.[1]
C.
Notification of violation. Whenever the City finds that any user has violated or is violating this article, the wastewater discharge permit or any prohibition, limitation or requirements contained herein, the City may serve upon each person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. If the plan is satisfactory to the City and the user fully complies with the plan, the City may not take further action against the user. If the user does not fully comply with the plan, the City, subject to the approval of the Council, may take action in accordance with Subsection E below.[2]
D.
Show cause hearing.
(1)
Notice of the hearing. The City Administrator may order any user
who causes or allows an unauthorized discharge to enter the POTW to
show cause before the Common Council why the proposed enforcement
action should not be taken. A notice shall be served on the user specifying
the time and place of a hearing to be held by the City regarding the
violations, the reasons why the action is to be taken, and the proposed
enforcement action and directing the user to show cause before the
City why the proposed enforcement action should not be taken. The
notice of the hearing shall be served personally or by registered
or certified mail, return receipt requested, at least 10 days before
the hearing. The notice of the hearing may be served on any agent
or officer of a corporation.
(2)
Hearing officials. The City may conduct the hearing and take the
evidence or may designate any of its members or any officer or employee
of the assigned department to:
(a)
Issue, in the name of the City, notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(b)
Take the evidence.
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the City for
action thereon.
(3)
Transcript. At any hearing held pursuant to this article, testimony
taken must be under oath and recorded stenographically. The transcript,
so recorded, shall be made available to any member of the public or
any party to the hearing upon payment of the usual charges thereof.
(4)
Issuance of orders. After the City has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. If the user violates an order, the City may take action in accordance with Subsection E below.
E.
Legal action. If any user discharges sewage, industrial wastes or other wastes into the City's POTW contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court. The City may take further action pursuant to Subsection B above and/or § 470-56 of this article.
F.
Operating upsets. Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this article or a wastewater discharge permit issued pursuant hereto shall inform the City Administrator thereof within 24 hours of first awareness of the commencement of the upset. The City may choose to immediately take action, pursuant to Subsection E above. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the City within five days.
(1)
The report shall specify the following:
(a)
Description of the upset, the cause thereof and the upset's impact
on a discharger's compliance status.
(b)
Duration of noncompliance, including exact dates and times of noncompliance
and, if the noncompliance continues, the time by which compliance
is reasonably expected to occur.
(c)
All steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset or other conditions of noncompliance.
(2)
A documented and verified bona fide operating upset shall not be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this article or any wastewater discharge permit issued pursuant hereto which arises out of violations alleged to have occurred as a result of damage to the POTW, fish kills or any other damage to persons or property, nor shall such notification relieve the user of any forfeitures, civil penalties or other liability which may be imposed by this article or other applicable law. After receipt and review of the written report, the City may choose to take no further action or to take action in accordance with Subsection C and/or D and/or E above.
G.
Annual publication. A list of the users which during the preceding
12 months were significantly violating applicable pretreatment requirements
or standards shall be annually published in a local newspaper. A significant
violation is a violation which remains uncorrected 45 days after notification
of noncompliance, a violation which includes a pattern of noncompliance
over the twelve-month period or a violation which includes the failure
of the user to accurately report noncompliance. The notification shall
also summarize any enforcement actions taken against the user during
the same 12 months.[3]
A.
Any person found to be violating any provision of this article shall
be served by the City with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit
provided for in the written notice shall be subject to a forfeiture
of not less than $100 and not more than $2,500 for each violation.
Each day in which any such violation shall continue shall be deemed
a separate offense. Failure to pay such forfeiture shall result in
the person's operating privilege being suspended for 30 days or until
the person pays the forfeiture, plus costs, fees and surcharges, not
to exceed one year.
C.
Whoever intentionally causes damage to any structure, appurtenance,
or equipment which is a part of the sewage works may be fined not
more than $200. If the total property damaged in violation of this
article is reduced in value by more than $1,000 the person may be
fined not more than $1,000.
