[Adopted 3-10-1998 by Ord. No. 12C]
As used in this article, the following terms shall have the
meanings indicated. "Shall" is mandatory; "may" is permissible.
The Village Board of Trustees or its duly authorized agent
or representative.
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 drain system
that receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer.
A sanitary sewer that begins immediately outside of the foundation
wall of any building or structure being served and ends at its connection
to the public sewer.
Those sanitary sewer users who discharge normal domestic
strength wastewater with concentrations of BOD, suspended solids and
phosphorus no greater than the concentrations identified in the current
user charge system.
Those sanitary sewer users who discharge wastewater with
concentrations in excess of domestic strength wastewater as identified
in the current user charge system. Users whose wastewater exceeds
the concentration for any one of these parameters shall be in Category
B.
The amount of chlorine, in milligrams per liter, which must
be added to sewage to produce a chlorine residual as specified in
the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.
A sewer intended to receive both wastewater and stormwater
or surface water.
BOD, suspended solids, phosphorous, ammonia, nitrogen, TKN,
pH or fecal coliform bacteria, plus additional pollutants identified
in the municipality's WPDES permit for its wastewater treatment facility,
provided that such facility is designed to treat such additional pollutants
and, in fact, does 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 a physical state such 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.
The residue from the preparation, cooking and dispensing
of food, and from the handling, storage and sale of food products
and produce.
The residue from the preparation, cooking, dispensing, handling,
storage and sale of food products and produce 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 the
wastewater treatment facilities or disrupt the quality of wastewater
treatment if discharged to the wastewater treatment facilities.
Any solid, liquid or gaseous substance discharged or escaping
from any industrial, manufacturing or commercial establishment or
process or from the development, recovery or processing of natural
resources. Such term includes any wastewater that is not sanitary
sewage.
The water unintentionally entering the public sewer system,
including sanitary building drains and sewers, from the ground through
such means as, but not limited to, defective pipes, pipe joints, connections
or manhole walls. Infiltration does not include, and is distinguished
from, inflow.
The water discharged into a sanitary sewer system, including
building drains and sewers, from such sources as, but not limited
to, the following: roof leaders, cellar, yard and area drains, foundation
drains, unpolluted cooling water discharges, drains from springs and
swampy areas, manhole covers, cross-connections from storm sewers
and/or combined sewer, catch basins, stormwaters, surface runoff,
street wash waters or drainage. Inflow does not include, and is distinguishable
from, infiltration.
A person or business holding a valid license to do septage
servicing under Ch. NR 113, Wis. Adm. Code.
The Village of Sherwood.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Ammonia nitrogen, expressed in milligrams per liter of NH3N. Quantitative determination of ammonia nitrogen shall
be made in accordance with procedures set forth in Standard Methods.
Wastewater with concentrations of BOD, suspended solids and
phosphorus no greater than the concentrations identified in the current
user charge system.
Includes all costs associated with the operation and maintenance
of the wastewater treatment facilities, including administration and
replacement costs, all as determined from time to time by the municipality.
Any and all persons, including any individual, firm, company,
municipality 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 milligrams per liter
of P (phosphorus).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a wastewater system.
A sewer not owned by the Village or Utility.
A treatment works including any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage and industrial waste. The systems include sewers, pipes and
equipment used to convey wastewater to the treatment facility. The
term also includes the municipality that owns and operates the facilities.
Any publicly owned sewer, storm drain, sanitary sewer or
combined sewer.
Expenditures for obtaining and installing equipment, accessories
or appurtenances that 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.
Combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries sewage or wastewater.
The wastewater or contents of septic or holding tanks, dosing
chambers, grease interceptors, seepage beds, seepage pits, seepage
trenches, privies or portable restrooms.
The spent water of a person or 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 for payment of operation and maintenance expenses,
debt service costs, and other expenses or obligations of said facilities.
The same meaning as "user charge system" as referred to in
Ch. NR 162, Wis. Adm. Code.
Any discharge of water or wastewater that, 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 of flows during normal operation and/or
adversely affects the collection system and/or performance of the
wastewater treatment facility.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater, published jointly by the American Public Health Association,
the American Water Works Association and the Water Environment Federation.[1]
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Expressed in milligrams per liter and shall mean 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."
The sum of organic nitrogen and ammonia nitrogen.
Consists of any residential or small commercial aggregation
of space or area occupied for a distinct purpose, such as a residence,
apartment, flat, store or office, which is equipped with one or more
fixtures for rendering water service, separate and distinct from other
users. Each unit of service shall be regarded as one customer.
Water quality equal to or better than the effluent of the
wastewater treatment facilities 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.
The system of charges levied on users for the cost of operation
and maintenance, including replacement reserve requirements on new
and old wastewater collection and treatment facilities.
The Village of Sherwood Water and Sewer Utility.
The spent water of a community or person. 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
wastewater.
An arrangement of devices and structures for treating wastewater
and sludge. Also referred to as "wastewater treatment plant."
A document issued by the State of Wisconsin that establishes
effluent limitations and monitoring requirements for the municipal
wastewater treatment facility.
A.
Management, operation and control. The management, operation and
control of the sewer system for the Village are vested in the approving
authority; all records, minutes, all written proceedings and all the
financial records thereof shall be kept by the Village Clerk-Treasurer.
B.
Construction. The Water and Sewer Utility of the Village shall have
the power to construct sewer lines for public use and shall have the
power to lay sewer pipes in and through the alleys, streets and public
grounds within the Village boundaries and generally to do all such
work as may be found necessary or convenient in the management of
the sewer system. The approving authority shall have the 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 approving authority shall have power to purchase and acquire for
the Utility all real and personal property that may be necessary for
construction of the sewer system or for any repair, remodeling or
additions thereto.
C.
Condemnation of real estate. Whenever any real estate or any easement
therein, or use thereof, shall, in the judgment of the approving authority,
be necessary to the sewer system and whenever, for any cause, an agreement
for the purchase thereof cannot be made with the owner thereof, the
approving authority shall proceed with all necessary steps to take
such real estate, easement or use by condemnation in accordance with
the Wisconsin Statutes and the Uniform Relocation Property Acquisition
Policy Act of 1970, if federal funds are used.
D.
Title to real estate and personal property. All property, real, personal
and mixed, acquired for the construction of the sewer system, and
all plans, specifications, diagrams, papers, books and records relating
to said sewer system, and all buildings, machinery and fixtures pertaining
thereto, shall be the property of the Village.[1]
E.
Vacating of premises and discontinuance of service. Whenever premises
served by the system are to be vacated, or whenever any person desires
to discontinue service from the system, the Utility must be notified
in writing. The owner of the premises shall be liable for any damages
to the property or such that may be discovered having occurred to
the property of the system other than through the fault of the system
or its employees, representatives or agents.
F.
Extensions of the sewer system. The cost of the installation of sanitary
sewers to be connected to the Utility sewer system shall be borne
by the property owner of the land to be served. All installations
shall be in accordance with Ch. NR 110, Wis. Adm. Code, and the requirements
of the Village and Utility. Plans and specifications shall be designed
and stamped by an engineer and paid for by the property owner. A written
approval obtained from the Utility is required before construction
is initiated.
G.
User rules and regulations. The user rules, regulations and sewer
rates of the Utility are a part of the contract between the Utility
and every user. Every person who connects to the Utility sewer system
is deemed to have consented to be bound by such rules, regulations
and rates. In the event of violation of the rules or regulations,
the water and/or sewer service to the violating user shall be shut
off (even though two or more parties are receiving service through
the same connection). Water and sewer service shall not be reestablished
until all outstanding sewer utility bills, and shutoff and reconnection
charges, are paid in full, and until such other terms and conditions,
as may be established by the Village Board, are met. In addition to
all other requirements, the Village Board shall be satisfied that
the offender will not continue in violation of the rules and regulations
before authorizing reconnection of the offender's services. The Village
Board may change the rules, regulations, and sewer rates from time
to time as it deems advisable and may make special rates and contracts
in all proper cases.
H.
Maintenance of services. The Utility shall maintain sewer service
within the limits of the Village from the street main to the property
line, edge of right-of-way line or edge of easement line, as applicable,
and including all controls between the same, without expenses to the
property owner, except when they are damaged as a result of negligence
or carelessness on the part of the property owner, a tenant or an
agent of the property owner, in which case they will be repaired at
the expense of the property owner. All sewer services from the point
of maintenance by the system to and throughout the premises must be
maintained free of defective conditions by and at the expense of the
owner or occupant of the property. When any sewer service is to be
relaid and there are two or more buildings on such service, each building
shall be disconnected from such service and a new sewer shall be installed
for each building, unless prior approval has been provided by the
approving authority. A single sewer lateral is permissible for single
buildings with multiple units, such as duplexes or apartment buildings.
A.
Plumbers. No plumber, pipe fitter or other person will be permitted
to do plumbing or pipe fitting work in connection with the sewer system
without first receiving a license from the State of Wisconsin, except
in cases where state law permits building owners to do their own work
without being licensed.
B.
New connections. A new connection to the municipality's sanitary
sewer system may be allowed only if there is available capacity in
all of the downstream wastewater treatment facilities. No new connections
to the municipality's sanitary sewer may be allowed for areas outside
of the municipality's corporate limits without a 3/4 majority vote
of approval by the members of the approving authority.
[Amended 2-8-2021]
C.
Users.
(1)
Application for service. No unauthorized person shall uncover, make
any connections with or opening into, use, alter or disturb the sanitary
sewer or appurtenances thereof without first obtaining a written permit
from the approving authority. Every person connecting with the sewer
system shall file an application in writing to the Utility in such
form as is prescribed for that purpose. Blanks for such applications
will be furnished by the Village Clerk-Treasurer. The application
must state fully and truly all the use which will be allowed. If the
applicant is not the owner of the premises, the written consent of
the owner must accompany the application. The application may be for
service to more than one building, or more than one unit of service
through one service connection, only if previously approved by the
State of Wisconsin Department of Safety and Professional Services,
and, in such case, charges shall be made accordingly. If it appears
that the service applied for will not provide adequate service for
the contemplated use, the Utility may reject the application. If the
Utility shall approve the application, it shall issue a permit for
services as shown on the application.[1]
(2)
Permits. After sewer connections have been completed in a building
or upon any premises, no plumber shall make any alterations, extensions
or attachments, unless the party ordering such work shall exhibit
the proper permit.
(3)
User to keep in repair. All users shall keep their own service pipes
in good repair and protected from frost, at their own risk and expense,
and shall prevent any unnecessary overburdening of the sewer system.
(4)
User use only. No user shall allow others or other services to connect
to the sewer system through this lateral.
(5)
User to permit inspection. Every user shall permit the Village Board,
or its duly authorized agent, at all reasonable hours of the day,
to enter its premises or building to examine the pipes and fixtures,
and the manner in which the drains and sewer connections operate,
and it must at all times, frankly and without concealment, answer
all questions put to it relative to its use.
(6)
Utility responsibility. The Village and its agents and employees
shall not be liable for damages occasioned by reason of the breaking,
clogging, stoppage or freezing of any service pipes nor from any damage
arising from repairing mains, making connections or extensions or
any other work that may be deemed necessary. The right is hereby reserved
to cut off the water and sewer service at any time for the purpose
of repairs or any other necessary purpose, any permit granted or regulation
to the contrary notwithstanding. Whenever it shall become necessary
to shut off the sewer service within any district of said Village,
the Village shall, if practicable, give notice to each and every consumer
within said district of the time when such service will be so shut
off.
(7)
Permit fees. A connection permit shall be obtained from the Utility
prior to connecting any piping to the laterals or mains. The fee for
this permit shall be as stated in the current sewer service charge
system.
D.
Use of old building sewers. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the approving authority, to meet all requirements of this article.
E.
Materials and methods of construction.[2]
(1)
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 conform to the
requirements of the municipality's building and plumbing code or other
applicable rules and regulations of the municipality. In the absence
of code provisions or in amplification thereof, the materials and
procedures set forth in appropriate specifications of the ASTM and
Water Environment Federation Manual of Practice No. 9 shall apply.
(2)
Common use of a single trench is permitted for location and construction
of sewer and/or water laterals constructed in the public right-of-way
or easements, provided there are separate and dedicated individual
sewer and water laterals. The common use of a single trench is not
permissible on private property, unless a signed agreement between
all affected property owners detailing the mutual understandings regarding
the locating of laterals on adjacent lands is provided to the Village
at the time of permit issuance and is recorded at the Calumet County
Register of Deeds.
F.
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.
G.
Excavations.
(1)
A permit from the Village or other appropriate governmental body
shall be obtained prior to excavating in any street, alley or other
public way. Such permit shall be obtained and exhibited to the Licensed
Building Inspector before a plumbing permit will be issued.[3]
(2)
A twenty-four-hour notice shall be given to the approving authority
before any excavation can be initiated. An approximate time for sewer
lateral inspection must also be provided.
(3)
In making excavations in streets or highways for laying service pipe
or making repairs, the paving and earth removed must be deposited
in a manner that will occasion the least inconvenience to the public.
(4)
No person shall leave any such excavation made in any street or highway
open at any time without barricades, and during the night, warning
lights must be maintained at such excavations.
(5)
Excavations shall be backfilled in accordance with the Village standard
specifications. This work, together with the replacing of sidewalks,
ballast and paving, must be done so as to make the area as good, at
least, as before it was disturbed and satisfactory to the Village,
county and state. No opening of the streets for tapping the pipes
will be permitted when the ground is frozen, except when necessary.
(6)
The person(s) making the excavation is responsible for contacting
Digger's Hotline. Utilities must be located for the home and/or lot
that requires excavation. It is the responsibility of the contractor
if any utilities are severed.
(7)
In areas where groundwater conditions necessitate dewatering, the
contractor shall use appropriate dewatering equipment and obtain permits
required by the Wisconsin Department of Natural Resources (DNR). The
contractor shall not use any part of the Village's sewer collection
system for trench dewatering.
(8)
The contractor will be held responsible for the removal of any mud,
sand or other debris which enters the sewer system as a result of
the lateral installation procedure.
H.
Tapping the mains.
(1)
No person, except those having special permission from the Utility
or persons in its service and approved by it, will be permitted under
any circumstances to tap the mains or collection pipes. The kind and
size of the connection with the pipe shall be that specified in the
permit or order from said Village.
(2)
The connection of the building sewer into the sanitary sewer shall
conform to the requirements of the building and plumbing code or other
applicable rules and regulations of the municipality or the procedures
set forth in appropriate specifications of the ASTM and Water Environment
Federation Manual of Practice No. 9. All such connections shall be
made gastight and watertight. Any deviation from the prescribed procedures
and materials must be approved by the appropriate Village designee
before installation.[4]
(3)
The person making a connection to a public sewer shall notify the
approving authority when the building sewer is ready for inspection
and connection to the public sewer. The connection shall be inspected
and approved by the approving authority prior to backfilling over
the lateral pipe.
(4)
Pipes should always be tapped on the top and not within 18 inches
(45 centimeters) of the joint or within 36 inches (90 centimeters)
of another lateral connection.
(5)
All connections to existing sewer mains shall be made with a saddle
"T" or "Y" fitting set upon a carefully cut opening centered in the
upper quadrant of the main sewer pipe and securely strapped on with
corrosion-resistant straps or rods or with solvent welded joints in
the case of plastic pipe.[5]
I.
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 sewers:
(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, liquid
or gases in sufficient quantity, either singly or by interaction with
other wastes, that could 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 5.0 or in excess of 9.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment and personnel of the wastewater treatment
facilities.
(4)
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 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 fleshing, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
(5)
The following described substances, materials, waters or waste shall
be limited in discharges to sanitary sewer systems to concentrations
or quantities that 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, limbs,
or public property or constitute a nuisance. The approving authority
may set limitations more stringent than those established below, if
such more stringent limitations are necessary to meet the above objectives.
The approving authority will give consideration to the quantity of
subject waste in relation to flows and velocities in the sewers, materials
or construction of the sanitary sewers, the wastewater treatment facility
and other pertinent factors. Wastes or wastewaters discharged to the
sanitary sewers shall not exceed the following limitations:
(a)
Wastewater having a temperature higher than 150° F. (65°
C.).
(b)
Wastewater containing more than 25 milligrams per liter 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 unground garbage. 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
the concentration exceeds levels specified by federal, state and local
authorities.
(f)
Any waters or wastes containing odor-producing substances exceeding
limits that may be established by the approving authority or limits
established by any federal or state statute, rule or regulation.
(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)
Any waters or wastes containing substances not amenable to treatment
or reduction by the wastewater treatment processes employed, or are
amenable to treatment only to such degree that the wastewater treatment
facility effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(i)
Any water or wastes which, by interaction with other water or
wastes in the sanitary sewer system, release obnoxious gases, form
suspended solids or create a condition deleterious to structures and
treatment processes.
(j)
Materials which exert or cause:
[1]
Unusual BOD, chemical oxygen demand 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).
(k)
Incompatible pollutants in excess of the allowed limits as determined
by local, state and federal laws and regulations by the Environmental
Protection Agency (EPA), 40 CFR 403, as amended from time to time.
J.
WPDES permit. No person shall cause or permit a discharge into the
sanitary sewers that would cause a violation of the municipality's
WPDES permit and any modifications thereof.
K.
Special arrangements. No statement contained in this article shall
be construed as prohibiting any special agreement between the approving
authority and any person whereby a waste of unusual strength or character
may be admitted to the wastewater treatment facilities, either before
or after pretreatment, provided that there is no impairment of the
functioning of the wastewater treatment facilities by reason of the
admission of such wastes and no extra costs are incurred by the municipality
without recompense by the person, and further provided that all rates
and provisions set forth in this article are recognized and adhered
to.
L.
Use of public sewers required.
(1)
It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner on public or private property
within the Village or in any area under the jurisdiction of said approving
authority any human or animal excrement, garbage or objectionable
waste.
(2)
It shall be unlawful to discharge to any natural outlet within the
Village, or in any area under the jurisdiction of said approving authority,
any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
article.
(3)
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of wastewater.
(a)
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Village and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Village, is hereby required at the owner's(s') expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 365 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line. Upon failure to do so, the Village may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such notice shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.; provided, however, that the owner may within 30 days after the completion of the work file a written request with the Utility stating that the owner cannot pay such amount in one sum and asking that it be levied in not to exceed five equal installments, and the amount shall be so collected with interest at a rate as shall be prescribed in Chapter 40, Fees and Penalties, of this Code from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45, Wis. Stats.[6]
(b)
In lieu of the above, the Utility, at its option, may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, of an amount as prescribed in Chapter 40, Fees and Penalties, of this Code, payable quarterly for the period in which the failure to connect continues, and, upon failure to make such payment, said charge shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.[7]
(c)
This article ordains that the failure to connect to the Village
sewer system is contrary to the minimum health standards of the Village
and fails to assure preservation of public health, comfort and safety
of said Village.
M.
Private wastewater disposal.
(1)
Where a public sanitary sewer is not available under the provisions of this article, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Subsection M.
(2)
Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the approving authority. The application for such permit shall be made on a form furnished by the approving authority, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the approving authority. A permit and inspection fee as prescribed in Chapter 40, Fees and Penalties, of this Code shall be paid to the approving authority at the time the application is filed.[8]
(3)
A permit for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction
of the approving authority. The approving authority shall be allowed
to inspect the work at any stage of construction and, in the event,
the applicant for the permit shall notify the approving authority
when the work is ready for final inspection and before any underground
portions are covered. The inspection shall be made within 48 hours
of receipt of notice by the approving authority.
(4)
The type, capacities, location and layout of a private wastewater
disposal system shall comply with all recommendations of the Department
of Safety and Professional Services of the State of Wisconsin. No
septic tank or cesspool shall be permitted to discharge to any natural
outlet.[9]
(5)
At such time as a public sewer becomes available to a property served
by a private wastewater disposal system, as provided in this article,
a direct connection shall be made to the public sewer in compliance
with this article, and any septic tanks, cesspools and similar private
wastewater disposal facilities shall be cleaned of sludge and filled
with suitable material.
(6)
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the approving authority. No statement contained in this Subsection M shall be construed to interfere with any additional requirements that may be imposed by the Village Administrator or Village designee.[10]
N.
Damage or tampering with sewage facilities. No person shall maliciously,
willfully or negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment that is a part
of the sewage facility. Any persons violating this provision shall
be subject to immediate arrest under a charge of disorderly conduct.[11]
A.
Submission of basic data. The approving authority may require each
person who discharges or seeks to discharge industrial wastes to a
public sewer to prepare and file with the approving authority, at
such times as it determines, a report that shall include pertinent
data relating to the quantity and characteristics of the wastes discharged
to the wastewater treatment facilities. In the case of a new connection,
the approving authority may require that this report be prepared prior
to making the connection to the public sewers.
B.
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 this article, and which in the judgment of the approving authority
have a deleterious effect upon the wastewater treatment facilities,
processes, equipment or receiving waters, or which otherwise create
a hazard to life or health or constitute a public nuisance, the approving
authority may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers;
(3)
Require control over the quantities and rates of discharge; and/or
(4)
Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges under the
provisions of this article.
C.
Dilution prohibition. No industrial user shall increase the use of
process water or dilute a discharge as a substitute for adequate treatment
to achieve compliance with any pretreatment standard or requirement.
D.
Spill prevention and slug control plans.
(1)
Industrial uses.
(a)
Industrial users shall provide protection from accidental discharge
of materials that may interfere with the POTW by developing spill
prevention plans. Facilities necessary to implement these plans shall
be provided and maintained at the owner's or industrial user's expense.
Spill prevention plans, including the facilities and the operating
procedures, shall be approved by the POTW before construction of the
facility.
(b)
Industrial users that store hazardous substances shall not contribute
to the POTW after the effective date of this article unless a spill
prevention plan has been approved by the POTW. Approval of such plans
shall not relieve the industrial user from complying with all other
laws and regulations governing the use, storage and transportation
of hazardous substances.
(2)
The POTW shall evaluate each significant industrial user at least
once every two years, and other industrial users as necessary, to
determine whether such user needs a plan to control slug discharges.
If the POTW decides that a slug control plan is needed, the plan shall
contain, at a minimum, the following elements:
(a)
Description of discharge practices, including nonroutine batch
discharges.
(b)
Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition of this article,
with procedures for follow-up written notification within five days.
(c)
If necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response.
E.
Notification.
(1)
Discharges.
(a)
In the case of any discharge in violation of this article or
permit conditions, and in the case of any discharge that could cause
problems to the POTW, including any slug loadings, as defined by this
article, the industrial user shall immediately notify the POTW or
the Village Clerk-Treasurer of the discharge by telephone. The notification
shall include:
(b)
Within five days following such a discharge, the user shall
submit a written report describing the cause of the discharge and
the measures that will be taken by the user to prevent similar future
discharges.
(c)
Such notification shall not relieve the user of any expense,
loss, damage or other liability resulting from the discharge, nor
shall such notification relieve the user of any fines, civil penalties
or other liability that may be imposed under this article or other
applicable state or federal law.
(2)
Notification of changed discharge. All industrial users shall promptly
notify the POTW in advance of any substantial change in the volume
or character of pollutants in their discharge, including the listed
or characteristic hazardous wastes for which the industrial user has
submitted initial notification under 40 CFR 403.12.
F.
Employee training. The industrial user shall permanently post a notice
in a prominent place advising all employees to call the POTW in the
event of a dangerous discharge for which notification is required.
Employers shall advise all employees who may cause or be injured by
such a discharge of the emergency notification procedure.
G.
Records.
(1)
Users shall retain and make available upon request of authorized
representatives of the POTW, the state or the EPA all records required
to be collected by the user pursuant to this article or any permit
or order issued pursuant to this article.
(2)
These records shall remain available for a period of at least three
years after their collection.
(3)
This period shall be extended during any litigation concerning compliance
with this article or permit conditions.
H.
Analytical requirements. All analyses, including sampling results
submitted in support of any application reports or evidence required
by any permit or order, shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136 and amendments thereto or,
if 40 CFR Part 136 does not contain sampling or analytical techniques
for the pollutant in question, in accordance with procedures approved
by the EPA.
I.
Confidential information.
(1)
Information and data (other than effluent data) about a user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public unless
the user specifically requests and is able to demonstrate to the satisfaction
of the POTW that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. Any such request must be asserted at the time
of submission of the information or data. When such a confidentiality
claim is asserted, the information shall be treated as such until
a determination is made by the POTW. Effluent data shall be available
to the public without restriction.
(2)
When the person furnishing a report satisfies the POTW that such person has made the demonstration required by Subsection I(1), the portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this article, the WPDES permit or the pretreatment program. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.
J.
Right of entry. Representatives of the POTW, the state and EPA, upon
showing proper identification, shall have the right to enter and inspect
the premises of any user who may be subject to the requirements of
this article. Industrial users shall allow authorized representatives
of the POTW, state and EPA access to all premises for the purpose
of inspecting, sampling, examining records or copying records in the
performance of their duties. Authorized representatives of the POTW,
state and EPA shall have the right to place on the user's property
such devices as are necessary to conduct sampling and monitoring.
Where a user has security or safety measures in force which would
require clearance, training or wearing of special protective gear,
the user shall make necessary arrangements, at its own expense, to
enable authorized representatives of the POTW, state and EPA to enter
and inspect the premises as guaranteed by this subsection.
K.
Control manholes. 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 wastes, including
sanitary sewage. Control manholes or access facilities shall be located
and built in a manner acceptable to the approving authority.
(1)
If measuring and/or sampling devices are to be permanently installed,
they shall meet the following minimum guidelines:
(a)
A minimum six-foot-diameter manhole with steps and a bench for
setting of equipment shall be installed. These manholes shall have
a minimum twenty-four-inch-diameter opening with cast-iron manhole
cover or lockable lid. These sampling manholes shall be located at
least 15 feet downstream of any bends, junctions or manholes. Maximum
slope of upstream pipe shall be 2%.
(b)
All manholes shall be installed with flow measuring devices,
such as a Parshall flume, Palmer Bowlus flume, subsonic flume or other
suitable device, as approved by the approving authority. An integral
staff gauge shall be provided with each unit with measurements in
hundredths of a foot. Flume size and type depend on flow rates anticipated
and accuracy desired.
(c)
A flow metering device shall be provided. The metering device
shall be a bubbler, ultrasonic or subsonic device as approved by the
approving authority. Flow shall be indicated, totalized and recorded.
A 4-20 mA signal or pulse proportional to flow shall be outputted
to a sampler for flow proportional sampling.
(d)
A refrigerated flow proportional sampler shall be furnished,
suitable for composite or hourly sampling (24 intervals).
(e)
Plans for the aforementioned facilities shall be prepared by
a licensed professional engineer.
(f)
Plans, specifications and hydraulic calculations shall be submitted
to the approving authority.
(2)
Control manholes, access facilities and related equipment shall be
installed by the person discharging the waste, at its expense, and
shall be maintained by it so as to be in safe condition, accessible
and in proper operating condition at all times.
L.
Hazardous waste notification.
(1)
Any industrial user, except as specified in Subsection L(5) below, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR Part 261 shall notify the POTW in writing of such discharge.
(2)
All hazardous waste notifications shall include:
(a)
The name of the hazardous waste as set forth in 40 CFR Part
261;
(b)
The EPA hazardous waste number;
(c)
The type of discharge (continuous, batch, or other); and
(d)
A certification that the user has a program in place to reduce
the volume and toxicity of hazardous wastes generated to the degree
it has determined to be economically practical.
(3)
In addition to the information submitted in Subsection L(2) above, industrial users discharging more than 100 kilograms of hazardous waste per calendar month to the POTW shall obtain to the extent such information is known and readily available to the industrial user:
(a)
An identification of the hazardous constituents contained in
the waste;
(b)
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month; and
(c)
An estimation of the mass of constituents in the waste stream
expected to be discharged during the following 12 months.
(4)
Any notification under this provision need be submitted only once
for each hazardous waste discharged, although notifications of changed
discharges must be submitted in accordance of this article.
(5)
Industrial users are exempt from the hazardous waste notification
requirement during a calendar month in which they discharge 15 kilograms
or less of nonacute hazardous wastes. Discharge of any quantity of
acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e)
requires a one-time notification.
M.
N.
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 discharging the wastewater. Following
approval and installation, such meters may not be removed without
the consent of the approving authority.
O.
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.
(2)
The determination shall be made by the industry as often as may be
deemed necessary by the approving authority.
(3)
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.
(4)
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 representatives at all times. Every care shall
be exercised in the collection of samples to ensure their preservation
in a state comparable to that at the time the sample was taken.
P.
Pretreatment. Persons discharging industrial wastes into any public
sewer may be required to pretreat such wastes, if the approving authority
determines pretreatment is necessary to protect the wastewater treatment
facilities or prevent the discharge of incompatible pollutants. In
that event, such persons shall provide at their expense such pretreatment
or processing facilities as may be determined necessary to render
wastes acceptable for admission to the sanitary sewers.
Q.
Grease, oil and 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 amounts in excess of those specified in 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 the 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(s) shall be responsible for the proper
removal and disposal by appropriate means of the captured material
and shall maintain records of the dates and means of disposal which
are subject to review by the approving authority. Disposal of the
collected materials performed by the owner's(s') personnel or currently
licensed waste disposal firms must be in accordance with currently
acceptable Department of Natural Resources (DNR) rules and regulations.
R.
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 and with
the federal regulations of 40 CFR 136, Guidelines Establishing Test
Procedures for the Analysis of Pollutants, as amended from time to
time. Sampling methods, location, time, duration and frequencies are
to be determined on an individual basis, subject to approval of the
approving authority.
(2)
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or the person's
agent, as designated and required by the approving authority at the
cost of the discharger. The approving authority may also make its
own analyses of the wastes, and these determinations shall be binding
as a basis for sewer service charges.
S.
Submission of information. Plans, specifications and any other pertinent
information relating to proposed flow equalization, pretreatment or
grease and/or sand interceptor facilities shall be submitted for review
and approval 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. No construction of such facilities shall commence
until said approval has been granted.
A.
Sewer users served by Water and Sewer Utility water meters. There
is hereby levied and assessed upon each lot, parcel of land, building
or premises having a connection with the wastewater collection system
and being served with water solely by the Water and Sewer Utility
a sewer service charged based, in part, on the quantity of water used,
as measured by the Water and Sewer Utility water meter used upon the
premises.
B.
Sewer users served by private wells. There is hereby levied and assessed
upon each lot, parcel of land, building or premises having a connection
with the wastewater collection system that procures any part or all
water used from sources other than the Water and Sewer Utility, all
or part of which is discharged into the wastewater collection system,
a sewer service charge based, in part, on the quantity of water used,
as measured by a water meter. The property owner shall furnish, install
and maintain, at his expense, water meters of a type approved by the
approving authority for the purpose of determining the volume of wastewater
discharged to the wastewater collection system.
C.
Deduct meters. If a user feels that a significant amount of metered
water does not reach the sanitary sewer, the user may avail himself
of one of the following options:
(1)
Request the approving authority to have such additional meters or
metered services installed as are necessary to calculate the volume
of water not discharged to the sanitary sewer (i.e., a deduct meter)
or request the approving authority to have a meter installed to measure
the actual amount of sewage discharged to the sanitary sewer (i.e.,
a sewage meter). Requests for a second meter or metered services must
be made in writing to the approving authority. In the event the approving
authority agrees to such installations, the customer shall be charged
all costs attendant thereto, including but not limited to a meter
yoke for each meter (to be installed by a licensed plumber); meter
rental (the meter will be owned by the Village and subject to access
and inspection by the Village personnel at all reasonable times) in
an amount set annually by the approving authority; remote reading
device(s) if necessary; and labor and miscellaneous parts and supplies.
No provision shall be made, nor shall any means be taken, to route
water from any deduct meter to the customer's general distribution
system. In addition to the general penalties set forth in this article,
any violation of this section will result in nullification of the
deduct readings and removal of the deduct meter.
(2)
In the event it is physically impractical or impossible to install
metering equipment, the user may request the approving authority to
take such means as it deems necessary to formulate an estimate of
the amount of water not being discharged into the sanitary sewerage
system or, conversely, the amount of actual sewage discharged thereto.
A.
Sewer service charge unit costs. The unit costs for the sewer service
charge shall be as defined in the current sewer service charge system.
B.
Category A sewer service charge. The sewer service charge for Category
A sewer users with normal domestic strength wastewater shall be as
defined in the current sewer service charge system.
C.
Category B sewer service charge. The sewer service charge for Category
B sewer users shall be as defined in the current sewer service charge
system.
(1)
The Category B sewer service charge shall be computed in accordance
with the formula presented below:
|
T = FQ + (V x Cv) + .00834 V (B x CB + S x CS + P x Cp)
|
|
Where:
| ||||
|
T
|
=
|
Total sewer service charge
| ||
|
FQ
|
=
|
Fixed quarterly charge
| ||
|
B
|
=
|
Concentration of BOD in mg/l in the wastewater in excess of
domestic strength
| ||
|
S
|
=
|
Concentration of SS in mg/l in the wastewater in excess of domestic
strength
| ||
|
P
|
=
|
Concentration of P in mg/l in the wastewater in excess of domestic
strength
| ||
|
V
|
=
|
Wastewater volume in 1,000 gallons
| ||
|
Cv
|
=
|
Cost per 1,000 gallons
| ||
|
CB
|
=
|
Cost per pound of BOD
| ||
|
CS
|
=
|
Cost per pound of SS
| ||
|
Cp
|
=
|
Cost per pound of P
| ||
|
0.00834
|
=
|
Conversion factor
| ||
|
(The above formula shall not be construed to give credits for
a waste strength less than domestic concentrations for BOD, SS or
P.)
|
(2)
Domestic strength wastewater shall be as defined in the current sewer
service charge system.
D.
Reassignment of sewer users. The approving authority will reassign
sewer users into appropriate sewer service charge categories, if wastewater
sampling programs or other related information indicates a change
of categories is necessary.
E.
Operation, maintenance and replacement fund accounts.
(1)
All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in § 15-1. All sewer service charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund.
(2)
All revenues for the replacement fund and for operation and maintenance
of the wastewater treatment facilities shall be used solely for the
replacement fund and operation and maintenance of the wastewater facilities.
F.
Disposal of septic tank sludge and holding tank sewage. 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 sewage unless a permit for disposal has been first
obtained from the approving authority. Written application for this
permit shall be made to the approving authority and shall state the
name and address of the applicant; the number of its disposal units;
and the make, model and license number of each unit. Permits shall
be nontransferable, except in 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 per calendar year. The amount
of the annual fee shall be as established by the approving authority.
The time and place of disposal will be designated by the approving
authority. The approving authority may impose such conditions as it
deems necessary on any permit granted.
(1)
Any person or party disposing of septic tank sludge or holding tank
sewage agrees to carry public liability insurance in an amount as
established by the approving authority 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 to act, by any of the person's employees.
The person(s) shall furnish a certificate certifying such insurance
to be in full force and effect.
(2)
All materials disposed of into the treatment system shall be of domestic
origin, or compatible pollutants only, and the person(s) agrees that
they will comply with the provisions of any and all applicable ordinances
of the municipality and shall not deposit or drain any gasoline, oil,
acid, alkali, grease, rags, waste, volatile or flammable liquids or
other deleterious substances into the public sewers, nor allow any
earth, sand or other solid material to pass into any part of the wastewater
treatment facilities.
(3)
Persons with a permit for disposing of septic tank sludge and/or
holding tank sewage into the wastewater treatment facilities shall
be charged a handling charge and a volume charge as defined in the
current sewer service charge system.
(4)
The person(s) disposing wastes agrees to indemnify and hold harmless
the municipality from any and all liability and claims for damages
arising out of or resulting from work and labor performed.
G.
Charge for toxic pollutants. Any person discharging toxic pollutants
that cause an increase in the cost of managing the effluent or sludge
from the municipality's wastewater treatment facility shall pay for
such increased costs, as may be determined by the approving authority.
H.
Fees for industrial monitoring. The POTW may adopt charges and fees
which may include:
(1)
Fees for reimbursement of costs of setting up and operating the POTW
pretreatment program.
(2)
Fees for monitoring, inspection and surveillance procedures, including
the cost of reviewing monitoring reports submitted by the industrial
user.
(3)
Fees for reviewing accidental discharge procedures and construction.
(4)
Fees for permit applications, including the cost of processing such
applications.
(5)
Fees for filing appeals.
(6)
Other fees as the POTW may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this article and are separate from all other fees chargeable by
the POTW.
I.
Unique users. The approving authority may, at any time hereafter,
establish additional rates for any large commercial service, industrial
use or any other unique user that does not readily fit into other
user categories.
A.
Calculation of user charges. User charges shall be computed according
to the formula presented in this article and according to the current
user charge system.
D.
A standby charge as prescribed in Chapter 40, Fees and Penalties, of this Code shall be charged to each unoccupied unit of service connected to the Village sewer system. For purposes of this article, "unoccupied unit of service" shall mean a unit of service which is not used regularly for its accustomed and ordinary purposes and is not a place of usual return.[3]
E.
Penalties.
(1)
Such charges levied in accordance with this section shall be a debt due to the approving authority and shall be a lien upon the property. If this debt is not paid within 20 days of the date of the bill, a penalty as prescribed in Chapter 40, Fees and Penalties, of this Code shall be added to delinquent bills.[4]
(2)
In the event of failure to pay sewer service charges after they become
delinquent, the approving authority shall have the right to remove
or close sewer connections and enter upon the property for accomplishing
such purposes.
(3)
The expense of such removal or closing, as well as the expense of
restoring service, shall likewise be a debt to the Village and a lien
upon the property and may be recovered by civil action in the name
of the approving authority against the property owner, the person
or both.
(4)
Sewer service shall not be restored until all charges, including
the expense of removal, closing and restoration, shall have been paid.
(5)
Change of ownership or occupancy of premises found delinquent shall
not be cause for reducing or eliminating these penalties.
(6)
Every reasonable care will be exercised in the proper delivery of
sewer bills. Failure to receive a sewer bill, however, shall not relieve
any person of the responsibility for payment of sewer rates within
the prescribed period, nor exempt any person from any penalty imposed
for delinquency in the payment thereof.
A.
Right of entry. The approving authority or other duly authorized
employees of the municipality, 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.
B.
Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized municipal employees shall observe all safety rules applicable to the premises established by the owner or the occupant.
C.
Identification; right to enter easements. The approving authority
or duly authorized employees of the municipality, bearing proper credentials
and identification, shall be permitted to enter all private properties
through which the municipality holds an 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 such easement.
A.
Written notice of violation. Any person found to be violating any provision of this article, except § 15-7, shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Accidental discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the sewer system, which causes
damage to the treatment facility and/or receiving body of water, shall,
in addition to a fine, pay the amount to cover damages as established
by the approving authority.
C.
Continued violations. Any person, partnership or corporation, or any officer, agent or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code. Each day in which any violation is continued beyond the aforesaid notice time shall be deemed a separate offense.[1]
D.
Liability to Village for losses. Any person violating any provisions
of this article shall, in addition to any penalty or fine that may
be assessed against him, become liable to the approving authority
for any expense, loss or damage occasioned by reason of such violation
which the approving authority may suffer as a result thereof.
E.
Differences of opinion. The Board of Trustees of the Village shall
arbitrate differences between the approving authority and sewer users
on matters concerning interpretation and execution of the provisions
of this article.
F.
Enforcement of industrial provisions.
(1)
Notification of violation. Whenever the POTW finds that any industrial
user has violated or is violating this article or a wastewater permit
or order issued hereunder, the approving authority or its agent may
serve upon said user written notice of the violation. Within 10 days
of the receipt date of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted to the approving
authority. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of
the notice of violation.
(2)
Civil penalties.
(a)
Any industrial user who has violated or continues to violate this article or any order or permit issued hereunder shall be liable to the POTW for a civil penalty as prescribed in Chapter 40, Fees and Penalties, of this Code. In addition to the above-described penalty and damages, the POTW may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses.[2]
(b)
The approving authority shall petition the court to impose,
assess, and recover such sums. In determining amount of liability,
the court shall take into account all relevant circumstances, including
but not limited to the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the industrial
user's violation, corrective actions by the industrial user, the compliance
history of the user, and any other factor as justice requires.
Any user, permit applicant or permit holder affected by a decision,
action or determination, including cease and desist orders, made by
the approving authority interpreting or implementing the provisions
of this article or in any permit issued herein may file with the approving
authority a written request for reconsideration within 10 days of
the date of such decision, action or determination, setting forth
in detail the facts supporting the user's request for reconsideration.
The approving authority shall render a decision on the request for
reconsideration to the user, permit applicant or permit holder in
writing within 15 days of receipt of request. If the ruling on the
request for reconsideration made by the approving authority is unsatisfactory,
the person requesting reconsideration may, within 10 days after notification
of the action, file a written appeal with the Village Board. The written
appeal shall be heard by the Village Board within 30 days from the
date of filing. The Village Board shall make a final ruling on the
appeal within 10 days from the date of hearing.
A.
Superseding previous ordinances. This article governing sewer use,
industrial wastewater discharges, sewer service charges and sewer
connections and construction shall replace and supersede all previous
ordinances or portions of ordinances of the municipality regarding
sewer service charges.
A.
Biennial audit. The municipality shall review, at least every two
years, the wastewater contribution of its sewer users, the operation,
maintenance and replacement expenses of the wastewater treatment facilities,
and the sewer service charge system. Based upon this review, the municipality
shall revise the sewer service charge system, if necessary, to accomplish
the following:
(1)
Maintain a proportionate distribution of operation and maintenance
expenses among sewer users based upon the wastewater volume and pollutant
loadings discharged by the users.
(2)
Generate sufficient revenue to pay the debt service costs and the
total operation and maintenance costs necessary to provide for the
proper operation and maintenance (including replacement) of the treatment
works.
(3)
Apply excess revenues collected from a class of users to the operation
and maintenance expenses attributable to that class of users for the
next year and adjust the sewer service charge rates accordingly.
B.
Annual notification. The municipality shall notify its sewer users
annually about the sewer service charge rates. The notification shall
show what portion of the rates are attributable to the operation and
maintenance expenses and debt service costs of the wastewater treatment
facilities. The notification shall occur in conjunction with a regular
bill.
C.
Records. The municipality shall maintain records regarding wastewater
flows and loadings, costs of the wastewater treatment facilities,
sampling programs and other information necessary to document compliance
with 40 CFR 35, Subpart E, of the Clean Water Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
