[Adopted 12-14-1998 as Title 9, Ch. 2, of the 1998 Code]
A.
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.
B.
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:
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)].[1]
Wisconsin Department of Natural Resources.
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.
A sewer intended to carry wastewater from homes, businesses
and industries.
A sewer which carries stormwater and surface water and drainage
but excludes sewage and industrial wastes, other than unpolluted cooling
water.[2]
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.[3]
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.
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.
A.
User rules.
(1)
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.
(2)
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.
(3)
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.
B.
Connections to sewer system.
(1)
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.
(2)
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.
(3)
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.
C.
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.
D.
Laterals.[1]
(1)
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.
(2)
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.
(3)
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.
E.
Discharge into sanitary sewer. Restrictions with respect to wastes
to be discharged to the sanitary sewers:
(1)
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.
(a)
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.
(b)
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.
(2)
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.
(3)
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.
(4)
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:
(a)
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.
(b)
In addition to the rental charge stated above, a volume charge
based on current sewer usage charges shall apply.
(5)
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.
(6)
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.
(7)
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.
F.
Industrial or heavy commercial use of system.
(1)
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.[2]
(2)
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.
(3)
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.
(4)
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.
(5)
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.
G.
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.
A.
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.
B.
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.
C.
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.
D.
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.[1]
E.
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.
A.
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.
B.
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.
C.
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.[1]
D.
Code compliance.
(1)
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.
(2)
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.
E.
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.
A.
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.[1]
B.
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.
C.
DOMESTIC STRENGTH
INDUSTRIAL USER
INDUSTRIAL WASTES
SEWAGE
SEWERAGE SYSTEM
USER
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
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).[2]
Any nongovernmental, nonresidential user of the Village wastewater
collection and treatment facility.
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.
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.
D.
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:[3]
(1)
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.
(2)
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.
(3)
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.
(a)
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.
(b)
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.
E.
Meter reading and billing.
(1)
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.
(2)
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.
(3)
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.
(4)
All user charges established herein which remain unpaid shall be
a lien upon the property served, pursuant to § 66.0809,
Wis. Stats.
F.
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.
