[Adopted 12-14-1998 as Title 9, Ch. 2, of the 1998 Code]
Control of the sewer system for the Village of Brandon is vested in the Village Board; all records, minutes, written proceedings, and financial records thereof shall be kept by the Village Clerk.
The Sewer and Water Utility of the Village of Brandon shall have the power to construct sewer lines for public use and shall have the power to lay sewer pipes in and through alleys, streets and public grounds of the Village and, generally, to do all such work as may be found necessary or convenient in the management of the sewer system. The Village Board shall have power by itself, its officers, agents and servants to enter upon any land for the purpose of making examination or to supervise in the performance of its duties under this article, without liability therefor, and the Board shall have the power to purchase and acquire for the Village all real and personal property which may be necessary for construction of the sewer system, or for any repair, remodeling or additions thereto.
The following definitions shall be applicable in this article:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].
- Wisconsin Department of Natural Resources.
- INDUSTRIAL USER
- A user which discharges to the wastewater disposal system liquid wastes resulting from the processes employed in industrial, manufacturing, trade, or business establishments, or from the development of any natural resource.
- Wisconsin Pollutant Discharge Elimination System Permit (WPDES Permit).
- The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater disposal system. The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means accepted by DNR.
- SANITARY SEWER
- A sewer intended to carry wastewater from homes, businesses and industries.
- STORM SEWER
- A sewer which carries stormwater and surface water and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
- Any flow occurring during or following any form of natural precipitation and resulting therefrom.
- SUSPENDED SOLIDS
- The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by a standard glass fiber filter.
- Any person who discharges or causes or permits the discharge of wastewater into the Village wastewater disposal system.
- The liquid or water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the Village wastewater disposal system.
- WASTEWATER DISPOSAL SYSTEM or SYSTEM
- Any devices, facilities, structures, equipment or works owned or used by the Village for the purpose of the transmission, storage, treatment, recycling, and reclamation of wastewater.
Users of the sanitary sewer system shall be considered as expressing their acceptance of the rules, regulations and sewer rates adopted by the Village. The right is reserved by the Village to make changes in the rules, regulations and the sewer rates from time to time as the Village Board deems necessary.
All areas occupied for a distinct purpose, such as a residence, apartment, flat, store, office, factory, etc., which are equipped with one or more fixtures for rendering service separate and distinct from other users, shall be considered a customer or unit of service. All such occupied areas located inside the Village limits which can be served by the sewer system shall be connected to the system.
All municipalities, government bodies or individuals outside of the Village limits shall have executed agreements with the Village and shall adopt the user charges of the Village before being served by the wastewater treatment facility. The Village Board may agree to accept wastewater from outside the Village limits if it is determined to be in the best interest of the Village of Brandon.
Connections to sewer system.
No person shall uncover, make any connections with or disturb any sewer or appurtenance thereof without first obtaining permission to do so from the Village Board. Sewer laterals shall be installed by qualified plumbers, pipe fitters or other persons qualified to do such work.
No persons except those having special permission from the Village Board, or persons in its service and approved by it, will be permitted, under any circumstances, to tap the collection pipes. Pipes should always be tapped on the top and not within six inches of the joint or within 24 inches of another lateral connection.
Excavations made for laying service pipe or making repairs shall protect the public by providing barricades and warning lights around openings. All openings shall be filled and compacted and the ground surface must be restored to its original condition.
Inspection. All individual house laterals and connections to the sanitary sewer will be inspected by a plumbing inspector or Utility personnel as authorized by the Village Board before any excavation is backfilled.
All sewer services within the Village limits from the street main to the location of the property line will be maintained by the Utility without expense to the property owner, except when they are damaged as a result of negligence or carelessness on the part of the property owner, a tenant, or an agent of the owner, in which case they will be repaired at the expense of the property owner. All sewer services from the point of maintenance by the Utility to and throughout the premises must be maintained free of defective conditions by and at the expense of the owner or occupant of the property. If the property owner does not repair, within 24 hours, any break between the property line and the building, allowing clear water infiltration, the service may be repaired by the Village and backcharged to the property owner. All users shall keep their laterals in good repair. When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer service shall be installed for each building.
Building sewer size, gradient, installation and materials used shall be in conformance with the requirements of Ch. SPS 382, Wis. Adm. Code. Only approved pipe materials and joints will be allowed. Existing building sewer materials will be allowed for extension only if the material and joints meet existing requirements as determined by inspection and testing. If nonacceptable material had been used in the past, the entire line will have to be replaced with acceptable material. All sewer shall be tested in accordance with State Plumbing Code requirements.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Village Board.
Discharge into sanitary sewer. Restrictions with respect to wastes to be discharged to the sanitary sewers:
No person shall discharge or cause to be discharged any unpolluted waters, such as groundwater, roof runoff, subsurface drainage surface water or cooling water, into any sanitary sewer.
Any person having ownership or title to any building or structure or area in the Village of Brandon, including residences, whereon any water leader, area drain or similar connection is presently attached which directly or indirectly discharges into a public sanitary sewer or is connected in such a way as to drain a lot or area into any manhole connecting with any such sanitary sewer or in any way maintains, uses or suffers to exist any connection prohibited by this subsection shall remove such connection.
No person shall discharge into the sanitary sewer system of the Village any sewage or wastewater other than water obtained from the Village Sewer and Water Utility, except as hereinafter set forth.
Any person discharging sewage into the Village sanitary sewer system who procures any part or all of his/her water from sources other than the Village Sewer and Water Utility, all or part of which is discharged into the sanitary sewer, shall be required to have water meters installed for the purpose of determining the volume of the water obtained from these sources, except as set forth in Subsection E(6) below.
Water meters so installed shall be furnished by the Village Sewer and Water Utility and installed under its supervision. The cost of said installation and all other associated costs shall be borne by the person required by this section to install said meter.
Charges for water procured from sources other than the Village Sewer and Water Utility, and metered, as set forth in Subsection E(2) and (3) above, shall be determined as follows:
The Village Sewer and Water Utility shall charge for each meter a rental charge set for that size meter by the Village Sewer and Water Utility to compensate for the cost of furnishing, reading and servicing the meter. Said charges may be determined by resolution of the Village Board as required from time to time and shall be collectible in the same manner as other Utility charges.
In addition to the rental charge stated above, a volume charge based on current sewer usage charges shall apply.
Failure to meter any water supply shall not release the customer from paying sewage disposal charges thereon. In such cases the charge shall be based upon an estimate as made by the appropriate Village official of the flow for the billing period.
Cisterns in operation for household purposes, previous to the adoption of this article, shall be charged a surcharge in addition to the regular sewer usage fees. Said charges may be determined by resolution of the Village Board as required from time to time and shall be collectible in the same manner as other Utility charges.
No person shall discharge or cause to be discharged to the sanitary sewer system any substance which is flammable or explosive, nor any waste which could be toxic or poisonous to personnel or treatment processes. Waters with a pH lower than 5.5 or greater than 9.5, corrosive waste, water with fats, wax or grease in concentrations greater than 100 mg/l, and large substances capable of plugging sewers shall be prohibited. Users discharging such injurious materials may be held financially responsible for resulting operation, maintenance or replacement costs.
Industrial or heavy commercial use of system.
Whenever the Superintendent of the Sewer and Water Utility shall determine that any lot, parcel of land, building, or premises is discharging industrial or heavy commercial wastes of unusual volume, concentration or character, or of greatly variable volume, he shall recommend the adoption of a special rate for such, taking into consideration the volume, biochemical oxygen demand volume, and suspended solids content of the industrial wastes and the nature of the use made of the sewer system, but nothing herein contained shall affect any of such rates as heretofore might have been established unless and until changed by action of the Village Board.
If a user of the sewerage system discharges any substance therein which is deemed injurious by the Superintendent to the operation of the sewerage system, such user shall be required to discontinue the discharge of such substance in the sewerage system.
When necessary to prevent overloading or shock loading the wastewater treatment facility or to meet DNR pretreatment standards, the Superintendent may require pretreatment of the wastewater by the industry or commercial user. Pretreatment facilities shall be effectively operated and maintained at the expense of the owner.
When industrial wastewater monitoring or sampling is necessary, the owner shall install a conveniently located, easily accessible manhole approved by the Superintendent. The manhole shall be installed and maintained at the expense of the owner.
Grease, oil or sand traps shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes, sand, and other harmful ingredients. All interceptors shall be of the type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. They shall be installed at the expense of the owner.
Authority of inspectors. The inspector for the Village or any other person authorized by the Village Board shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
Charges. Each unit of service shall be charged the minimum charge per quarter as established by the Village Board. In addition, a fixed rate set by the Village Board shall be charged on a volume of usage basis. Rates for sewer charges which the Village Board deems proper shall be set by resolution of the Board and shall be reviewed at least biennially.
Special rates. The Village Board may fix by ordinance special rates for public or semipublic buildings or commercial, mercantile, or manufacturing establishments based on the character and composition of the sewage and the volume thereof, and until such rate is fixed the general rates shall apply.
Collection of charges. Bills are due and payable on the 20th day of each month following the month of service. If bills are not paid by the 20th of the month, the bill is delinquent. All bills remaining unpaid shall become a lien upon the premises receiving the service and be collected as a special tax in the next annual tax roll pursuant to the § 66.0809, Wis. Stats.
Sewer cleaning. It shall be the responsibility of the customer or owner to clean sewer laterals from sewer main to and into building. The customer or owner may have such cleaning or rodding done by private contractor at his own expense.
Records. The Village will maintain sufficient records to accurately record expenses and revenues associated with the wastewater disposal system operation, maintenance and replacement. A separate replacement account will be maintained by the Village with funds used for replacement purposes.
Utility responsibility. It is expressly stipulated that no claim shall be made against said Village or Village Board member by reason of the breaking, clogging, stoppage, or freezing of any service pipe. Whenever it shall become necessary to shut off the sewer service within any area of the Village, the Village shall, if practicable, give notice to each and every consumer within said area of the time when such service will be shut off.
Damage recovery. The Village of Brandon shall have the right of recovery from all persons of any expense incurred by said Village for the repair or replacement of any sewer pipe damaged in any manner by any person by the performance of any work under his control, or by any negligent act. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewage works.
Vacating of premises and discontinuance of service. Whenever premises served by the Utility are to be vacated, or whenever any person desires to discontinue service from the Utility, the Utility must be notified in writing. The owner of the premises shall be liable for any damages to the property of the Utility by reason of failure to notify the Utility of a vacancy or any such damage which may be discovered having occurred to the property of the Utility other than through the fault of the Utility or its employees, representatives or agents.
All new sewer extensions or interceptor sewers to be constructed in the Village or connected to the Village's wastewater treatment facility shall be designed in accordance with local and state codes and shall be approved by the Department of Natural Resources.
Connections to the sewer system shall be in accordance with local and state codes and shall be constructed by persons experienced in the construction of sewer systems.
Number of sewer service connections. In the R-1 Residential District, one sewer service connection is permitted per lot.
Any person who shall violate any of the provisions of this article or rules or regulations of the Village, or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code or any other materials which are incorporated by reference shall, upon conviction thereof, be fined in accordance with § 1-4 of this Code.
There are hereby adopted all the rules and regulations of the State Plumbing and State Building Codes and the building rules of the Department of Safety and Professional Services of the State of Wisconsin insofar as the same are applicable to the Village.
Authority. It is hereby determined and declared to be necessary and conducive for the protection of the public health, safety and welfare to levy and collect sewer user charges upon all lots, lands and systems, which shall include all constructions for the collection, transportation, pumping, treatment and final disposal of sewage.
Accounting. The amount received from the collection of the charges and rental authorized by this section shall be credited to a sanitary sewer account which shall show all receipts and expenditures of the sewerage system. Such funds shall be available for the payment of the cost and expense of the management, maintenance, depreciation and repair of the sewerage system, including all constructions for the collection, transportation, pumping, treatment and final disposition of sewage, and to provide funds for the retirement of bonds as they mature, and interest thereon. Separate accounts shall be maintained to keep revenues received for operation and maintenance and for replacement separate.
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
- DOMESTIC STRENGTH
- The domestic strength flow shall be based on 100 gallons per capita per day. The per capita contribution of biochemical oxygen demand (BOD) shall be based on 0.17 pound per capita per day resulting in a BOD concentration of 200 milligrams per liter (mg/l). The per capita contribution of suspended solids (SS) shall be based on 0.20 pound per capita per day resulting in a concentration of 250 milligrams per liter (mg/l).
- INDUSTRIAL USER
- Any nongovernmental, nonresidential user of the Village wastewater collection and treatment facility.
- INDUSTRIAL WASTES
- Liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.
- The water-carried wastes carried in and to be conducted away from residences, industrial establishments and public buildings as defined in § 101.01, Wis. Stats., with such surface water or groundwater as may be present.
- SEWERAGE SYSTEM
- All structures, conduits, and pipelines by which sewage is collected and disposed of, except plumbing inside and in connection with the buildings served and service pipes from the building to the street main.
- The occupant of all or part of any premises separately occupied by one family for residential purposes or by one organization, religious, educational or recreational, provided that each residence and each business establishment in any premises shall be considered individual users, whether or not the same are owned, operated or occupied by the same person.
Computation of charges. Sewer user charges for the maintenance and improvement of the present sewerage system and the operation of the sewerage treatment plant for the Village of Brandon, Fond du Lac County, Wisconsin, are hereby levied and established as follows:
A fixed charge, or a minimum charge, shall be established to generate sufficient revenues to cover the fixed operation and maintenance costs plus the cost of bond retirement and interest.
Usage charges shall be charged each user to generate sufficient revenues to cover the operation, maintenance and replacement cost of the sewerage system. The charge per user shall be determined based on the quantity of water used by each user as measured by the portable water meters.
A strength surcharge shall be charged all industrial users. The surcharge shall be based on the strength of the waste as measured in pounds of biochemical oxygen demand and suspended solids.
The Village shall sample and analyze wastewater from each industrial user on a quarterly basis to determine the biochemical oxygen demand and suspended solids strength of the wastes. These results shall be used as representative of the waste's strength and shall be used for billing purposes.
Industries with special problems related to treatment, as classified by the Department of Natural Resources district engineer, shall, if so directed by the district engineer, install whatever sampling devices are required to obtain the exact information about waste strength.
Meter reading and billing.
All charges established in accordance with this section shall be billed monthly as follows: for the first month of the calendar quarter, 1/3 of the minimum charge; for the second month of the calendar quarter, 1/3 of the minimum charge; and for the third month of the calendar quarter, 1/3 of the minimum charge plus the quarterly usage charge.
Sewer usage shall be determined by the amount of water consumed during a calendar quarter. Said quantity shall be determined by reading of the water meter quarterly.
Charges for sewer service not paid within the first 20 days of the collection period shall be considered delinquent and shall be increased by a penalty of 0.15% per month on the unpaid balance.
All user charges established herein which remain unpaid shall be a lien upon the property served, pursuant to § 66.0809, Wis. Stats.
Advance deposit. The Village of Brandon may, at its discretion, require a reasonable advance deposit from each person, firm, corporation or organization connected with said sewerage system.