City of Watertown, WI Article II Sewer Use

§ 508-4 Use of public sewers required.

A. State or federal permits. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any wastewater or other polluted waters, or unpolluted waters, except where appropriate state and/or federal permits have been obtained by the discharger.

B. Private disposal. Except as provided in the Plumbing Code, it shall be unlawful to construct or maintain private waste disposal facilities.

C. Mandatory connection. The owner of any building or property which is located within the City, or in any area under the jurisdiction of the City, and from which wastewater is discharged shall be required to connect to a public sewer at his expense as per Chapter 319, Article I, of this Code, after service of official notice to do so, contingent upon available capacity of the downstream wastewater facilities.

D. Connection order. In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Subsection C of this section, or where a health hazard exists as determined by the City Public Health Department, the City may undertake to have said connection made and shall assess the cost thereof against the benefitted property, and said assessment shall be a special assessment against said property. Said special assessments shall be collected in the same manner as other special assessments. Such assessments, when levied, shall bear the same interest as sanitary sewer assessments.

§ 508-5 Private wastewater disposal.

A. Private disposal connection. Where a public sanitary sewer is not available under the provisions of § 508-4 of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of the State Plumbing Code.

B. Operation of private disposal system. The owner shall effectively operate and continuously maintain the private wastewater disposal facilities in a sanitary, satisfactory and effective manner at all times, at his own expense.

C. Compliance with state, federal and local ordinances. The provisions of this section shall be in addition to any requirements established by applicable federal, state or local ordinances and shall not relieve any liability or obligation imposed by such laws and regulations.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 508-6 Building sewers and connection.

A. Construction of connections; ordinances and codes. No person, unless authorized, shall uncover, make any connections with or opening into, use, alter or disturb any public sewer, private interceptor main sewer or appurtenance thereof, except in accordance with the applicable provisions of the applicable City ordinances and the Plumbing Code. All such work requires permits from the City Inspection Division.

B. Expense to owner and City liability. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of a building sewer.

C. Construction procedures and materials. The size, slope, alignment, materials of construction of a building sewer and the method to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of Water Environment Federation (WPCF) Manual of Practice No. 9 and applicable American Society for Testing and Materials (ASTM) standards shall apply.

D. Connection elevation. 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, such building drain shall be provided with a lifting device approved by the Plumbing Inspector and discharged to the building sewer.

E. Unpolluted water exclusion. No persons shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer as provided by the Plumbing Code.

§ 508-7 Sanitary sewer and storm sewer construction.

A. Street opening permit and excavation bond. No person shall open any public right-of-way for the purpose of connecting to any public sewer or appurtenance without first obtaining a written permit from the Public Works Director/City Engineer, which permit shall not be issued unless an excavation bond is posted with the Plumbing Inspector. No City personnel and no person having a contract with the City of Watertown for doing any work on any public right-of-way shall be required to obtain a written permit or post an excavation bond. Method of excavation, backfilling and other work in connection with the excavation shall conform to the requirements of the City and/or all applicable provisions of the City ordinances.

[Amended 7-5-2022 by Ord. No. 22-63]

B. City inspection and approval of plans. No person shall construct storm or sanitary sewers in the City without first obtaining the City's written approval of the plans and specifications (except building drains or building sewers). All storm and sanitary sewer installation is subject to inspection during construction by the Public Works Director/City Engineer or his authorized representative. No such sewers shall be considered to be part of the public sewer system unless accepted by the Public Works Director/City Engineer.

[Amended 7-5-2022 by Ord. No. 22-63]

C. Construction methods and materials. The size, slope, alignment, material of construction, and methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work in connection with the construction of sewers shall conform to the requirements of the Public Works Director/City Engineer's office.

[Amended 7-5-2022 by Ord. No. 22-63]

D. Warranty of work. Work done by the Wastewater Department or by a private contractor for wastewater shall be warranted for one year from the completion of work. This warranty shall not apply to any damages caused or repairs made necessary by a homeowner's negligence.

[Added by Ord. No. 10-29]

§ 508-8 Use of public sewers.

A. Unpolluted water exclusion.

[Amended by Ord. No. 00-26]

(1) Purpose. In adopting this subsection, the Watertown Common Council finds that the discharge of clear or unpolluted water from roofs, surfaces, groundwater sump pumps, footing tile, swimming pools, subsurface drainage, unpolluted cooling or process water, or other natural precipitation into the City sewerage system will, and has on numerous occasions in the past, flood and overload the sanitary sewerage system to such an extent as to cause significant and grave damage to the property of large numbers of City residents. Such damage is caused by the backup of sewage into the living quarters of residents and, in addition to other damage, creates a hazard to health. The Common Council, therefore, finds it essential to the maintenance of health, to the minimization of damage to property, and to meet applicable state regulations that the provisions of this subsection be strictly enforced to avoid emergencies in the future.

(2) Definition and regulation. No water from any roof, surface, groundwater sump pump, footing tile, swimming pool, subsurface drainage, unpolluted cooling or process water, or other natural precipitation shall be discharged into the sanitary sewerage system. Dwellings and other buildings and structures which require, because of infiltration of clear or unpolluted water into basements, crawl spaces and the like, a sump pump discharge system shall have a permanently installed discharge line, which shall not at any time discharge clear or unpolluted water into the sanitary sewerage system except as herein provided. A permanent installation shall be one which provides for year-round discharge capability to either the outside of the dwelling, building or structure, or is connected to the City storm sewer, or discharges through the curb and gutter to the street. It shall consist of a rigid discharge line without valving or quick connections for altering the path of discharge.

(3) Disconnection. If it is determined by City personnel that any person, firm or corporation is causing clear or unpolluted water to enter into the City sanitary sewerage system, within 60 days after such inspection the property owner shall disconnect and/or remove the same. Any disconnects or openings in the sanitary sewerage system shall be closed or repaired in an effective, workmanlike manner, as provided by the Wastewater Treatment Plant Operator or his designated agent.

(4) Inspection.

(a) Every person owning a building that discharges into the City sanitary sewerage system shall allow an employee of the City of Watertown Wastewater Treatment Plant, or his designated representative, to inspect the building to confirm that there is no sump pump or other prohibited discharge into the sanitary sewerage system. In lieu of having the City inspect his property, any person may furnish a certificate from a licensed plumber, certifying that his property is in compliance with this subsection.

(b) Any person refusing to allow his property to be inspected or refusing to furnish a plumber's certificate within 14 days of the date the City employees or their designated representatives are denied admittance to his property shall immediately become subject to the surcharge herein provided. Any property found to violate this subsection shall make the necessary changes to comply with this subsection and furnish proof of the changes within 60 days.

(5) Sump pump inspections. Each sump pump connection identified may be reinspected on a yearly basis in conjunction with yearly water meter inspections.

(6) Surcharge. A surcharge of $100 per month is hereby imposed and added to every sewer billing 60 days after inspection to owner-occupied properties which are not in compliance with this subsection. A surcharge of $100 per month is hereby imposed and will be billed monthly 60 days after inspection to the owners of properties not owner-occupied (rentals) which are not in compliance with this subsection. All properties found during yearly reinspection to have violated this subsection shall be subject to the one-hundred-dollar-per-month penalty for all months between the last inspection and the current inspection.

[Amended by Ord. No. 01-45]

(7) Temporary connection to sanitary sewer. If a determination is made that a property owner is discharging clear or unpolluted water into the sanitary sewer, upon recommendation by the Public Works Commission the property owner may be allowed to continue to discharge clear or unpolluted water into the sanitary sewer during the winter months (November 1 to April 1) if there is no storm sewer on the abutting street. The purpose of this exception is to prevent the discharge of water onto the City street which would produce the accumulation of ice and result in hazardous driving conditions.

B. Disposal of unpolluted water. Stormwater and all other unpolluted water shall be discharged to a storm sewer or natural outlet. The discharge of unpolluted water into a natural outlet or storm sewer shall comply with applicable state and federal regulations.

C. General discharge prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the wastewater facilities. These general prohibitions apply to all such users of the City's wastewater facilities, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to the City's wastewater facilities:

(1) Any substance which creates a fire or explosion hazard in the wastewater facilities, including but not limited to waste streams with a closed cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, fuel oil, naphtha, benzene, toluene, ethylbenzene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substance which the City, the state or the EPA has notified the user is a fire or explosion hazard to the system.

(2) Solid or viscous substances, either whole or ground, in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, cinders, disposable diapers, glass grinding or polishing wastes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch manure, hair and fleshings, bones, entrails, sanitary napkins, paper dishes, cups, milk containers, other paper products, grass clippings, gas, beer or distillery slops, residues, chemical or paint residues and bulk solids.

(3) Any waters or wastes having a pH lower than 5.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater facilities.

(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the City's Wastewater Treatment Plant, or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

(5) Any substance which results in the presence of toxic gases, vapors or fumes within the wastewater facilities in a quantity that may cause a public nuisance or hazard to life or acute worker health and safety problems.

(6) Any substance which may cause the City's Wastewater Treatment Plant's effluent or any other product of the wastewater treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the wastewater treatment plant cause the wastewater treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, or the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(7) Any substance which will cause the wastewater treatment plant to violate its WPDES and/or state disposal system permit or the receiving water quality standards.

(8) Any wastewater with objectionable color not removed in the wastewater treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(9) Any wastewater having a temperature which will inhibit biological activity in the wastewater treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the wastewater treatment plant which exceeds 40° C. (104° F.) unless the wastewater treatment plant is designed to accommodate such temperature.

(10) Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration so as to constitute a slug and/or may cause interference to the wastewater treatment plant.

(11) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Water Systems Manager in compliance with applicable state or federal regulations.

(12) Any wastewater which causes a hazard to human life or creates a public nuisance.

(13) Any water or waste containing fats, wax, grease, petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 140° F. (0° and 60° C.).

D. Specific pollutant limitations.

(1) The following are the maximum concentrations acceptable for discharge into the City of Watertown sewer system:

	Recommended Pollutant Limitations
	Pollutant	Concentration (mg/l)
	Arsenic	0.15
	Cadmium	0.50
	Chromium	2.6
	Copper	1.5
	Cyanide	2.3
	Lead	0.5
	Mercury	<0.0002
	Molybdenum	0.1
	Nickel	3.5
	Selenium	0.24
	Silver	5.0
	Zinc	5.0

(2) Effluent limitations promulgated by federal or state authorities shall apply in any instance where they are more stringent. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this chapter.

E. Hauled wastes. The City may allow wastewater which is hauled via truck or other conveyance to be discharged to the wastewater facilities. All discharges, including trucked or hauled pollutants, to the sewer shall be as regulated by a sewer use permit/written agreement. Prior to such discharge, the City may require a written report from the hauler describing the quantity, source of wastewater, laboratory analysis of the pollutants/constituents, and other information as deemed necessary by the City. The City shall require that written permission and discharge conditions be issued by the City to the hauler prior to discharge of any hauled wastewater.

F. Interceptors. Grease, oil or sand interceptors shall be provided in accordance with § 419-8P of this Code. Those businesses required by state law to have a grease trap and which fail to maintain them by clearing them out regularly when full shall be fined $300 per event. Each business shall keep a maintenance log on its grease traps.

G. Preliminary treatment facilities. Where preliminary treatment, flow-equalization facilities or interceptors are provided for any wastewater, they shall be effectively operated and maintained continuously in satisfactory and effective condition by the owner at his expense and shall be available for inspection by the authorized representatives of the City at all reasonable times.

H. Monitoring facilities. The City may require to be provided and operated, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the user's wastewater(s). The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. When required, construction shall be completed within 90 days following written notification by the City.

I. Inspection and sampling.

(1) The City shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The City, approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, personnel from the City, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. In all cases where tests are conducted by the City for the purpose of checking to determine if a previously found violation of this chapter has been corrected, the cost of such tests shall be charged to the user and added to the user's sewer service charge. In those cases where the City determines that the nature or volume of a particular user's wastewater requires more frequent than normal testing, the City may charge such user for the tests, after giving the user 10 days' written notice of its intention to do so, and the cost thereof shall be added to the user's sewer service charge. Where industrial wastes are discharged into a public sewer, for the purpose of determining sewer service charges, the user, at its own expense, shall sample and analyze its discharge and report the test results to the City in accordance with the requirements of the sewer service charge portion of this chapter. All such tests shall be as ordered by the City and shall be conducted by qualified personnel and in accordance with applicable standards. Measurements of strength and volume, for the purpose of determining sewer service charges, shall be made in accordance with § 508-19 of this chapter.

(2) A minimum of four grab samples will be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The wastewater facilities may waive flow-proportional composite sampling for any industrial discharger that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sample techniques or through a minimum of four grab samples where the discharger demonstrates that this will provide a representative sample of the effluent being discharged.

J. Special agreements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an individual waste of unusual strength or character, not subject to categorical pretreatment standards, may be accepted by the City for treatment, subject to payment therefor by the industrial concern, in accordance with applicable ordinances and any supplemental agreement with the City.

K. The Water Systems Manager may require yearly reports by dischargers that discharge industrial waste and toxic and hazardous substances to the City's Wastewater Treatment Plant. Reports would include but not be limited to flow and organic or inorganic compounds that may be present due to the industrial activity at that location.

§ 508-9 Pretreatment regulations.

A. General discharge prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the City's wastewater facilities. These general prohibitions apply to all such users of the City's wastewater facilities, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. No user may contribute to the City's wastewater facilities any of the substances listed in § 508-8C.

B. National categorical pretreatment standards. National categorical pretreatment standards as promulgated by the EPA pursuant to the Act shall be met by all dischargers of the regulated industrial categories. Regulated dischargers shall be in compliance with the categorical pretreatment standards in accordance with 40 CFR 403.6(b). Upon the promulgation of the categorical pretreatment standards for a particular industrial subcategory, the categorical pretreatment standards, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Water Systems Manager shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

C. Modification of national categorical pretreatment standards. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by categorical pretreatment standards, the City may apply to the approval authority (United States Environmental Protection Agency/Wisconsin Department of Natural Resources) for modification of specific limits in the categorical pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant in the influent to the wastewater treatment plant to a less toxic or harmless state in the effluent, which is achieved by the wastewater treatment plant in samples taken when measured according to the procedures set forth in 40 CFR 403.7(d)(2) promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the categorical pretreatment standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.

D. State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

E. City's right of revision. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater facilities if deemed necessary to comply with the objectives presented in § 508-2A of this chapter.

F. Excessive discharge. No industrial user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the categorical pretreatment standards or in any other pollutant-specific limitation developed by the City or state. (Comment: Blending may be an acceptable means of complying with some of the prohibitions set forth in § 508-8C, e.g., the pH prohibition.) The wastewater facilities may impose mass limitations on industrial users which are suspected of using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate.

G. Conversion of standards. The conversion of standards between production-based limits, daily limits and concentration limits shall be as specified in 40 CFR 403.6(c).

H. Regulatory actions. If wastewater containing any substance prohibited, exceeding prescribed limits or violating restrictions imposed by this chapter is discharged into the wastewater facilities, the City shall take all actions necessary to:

(1) Prohibit the discharge of such wastewater;

(2) Require an industrial user to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances so as to be in conformance with this chapter;

(3) Require pretreatment, including storage facilities, or flow-equalization necessary to ensure complete compliance with this chapter;

(4) Require the person making, causing or allowing the discharge to pay all the additional cost or expense incurred by the City for any damages caused by excess loads imposed on the wastewater facilities; and

(5) Take such other remedial action, including discontinuation of service, as may be deemed to be desirable or necessary to achieve the purpose of this chapter.

I. Accidental discharges.

(1) Facilities required. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. No user which commences discharging to the City's wastewater facilities after the effective date (September 1, 1991) of this chapter or earlier shall be permitted to introduce pollutants into the wastewater facilities until accidental discharge procedures have been approved by the Water Systems Manager. All existing users shall complete such a plan within 90 days after the effective date of this chapter. Review and approval of such plans and operating procedures by the Water Systems Manager shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

(2) Notification of accidental discharge. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the City of the incident. The notification shall include location of discharge, type of waste, concentration and volume. Furthermore, such industrial user shall take immediate action to contain and minimize the accidental discharge to the wastewater facilities so as to prevent interference with and/or damage to the wastewater facilities and notify the City of the corrective actions. Within five days following the accidental discharge, the industrial user shall submit to the Water Systems Manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater facilities, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this section or other applicable law.

(3) Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place, advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause such a dangerous discharge to occur, or who may suffer from such a discharge, are advised of the emergency notification procedure.

(4) Slug control plan. The wastewater facilities will evaluate at least once every two years whether each significant industrial user needs a plan to control slug discharges. If the wastewater facilities determine that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

(a) A description of discharge practices, including nonroutine batch discharges.

(b) A description of stored chemicals.

(c) Procedures for immediately notifying the wastewater facilities of slug discharges, including any discharge that would violate a prohibition under § 508-8C, with procedures for follow-up written notification within five days.

(d) The 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) Industrial users shall immediately notify the Water Systems Manager of any discharge that could cause problems at the POTW (publicly owned treatment works), such as any slug loading in violation of § NR 211.10(2), Wis. Adm. Code, or of any changes at the facility affecting the potential for a slug discharge and the need for a slug control plan as required by § NR 211.235(4)(a), Wis. Adm. Code.

[Added 1-5-2016 by Ord. No. 16-1]

(5) Notification of hazardous waste discharge. Each industrial user shall notify the wastewater facilities, the EPA Region V Waste Management Division Director, and the DNR Bureau of Solid Waste Management in writing of any discharge into the wastewater facilities treatment system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.

(a) Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the wastewater facilities, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences.

(b) Dischargers are exempt from the hazardous waste notification requirements 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.

J. Wastewater discharge permits.

(1) General permits.

(a) All industrial users that discharge toxic pollutants or are capable of discharging toxic pollutants to the wastewater facilities or other industrial users, at the discretion of the City, shall obtain a wastewater discharge permit.

(b) Existing industrial dischargers which will require a permit after changing their wastewater volume and/or characteristics shall submit a permit application at least 90 days before the proposed process wastewater is discharged to the sewerage system. A one-hundred-eighty-day baseline report may be submitted with the permit application to provide some of the data required for the permit application. New dischargers shall submit estimates for those required items where actual data is not yet available. The permit application shall be signed by an authorized representative of the industrial discharger and certified by a qualified engineer.

(2) Permit application. Industrial users required to obtain a wastewater discharge permit shall complete and file with the City an application in the form prescribed by the City and accompanied by a permit fee as specified in Subsection J(8) of this section. New or existing industrial users shall apply for a wastewater discharge permit at least 90 days prior to connecting to or contributing to the City's wastewater facilities or, for existing industrial uses, within 90 days of change of their discharge flow.

(a) In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:

[1] Name, address and location (if different from the address).

[2] Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1972, as amended.

[3] Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 508-8 and 508-9 of this chapter, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136, as amended.

[4] Time and duration of wastewater contribution.

[5] Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

[6] Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by size, location and elevation.

[7] General description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

[8] The nature and concentration of any pollutants in the discharge which are limited by any city, state or national categorical pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable categorical pretreatment standards.

[9] If additional pretreatment and/or operation and maintenance will be required to meet the categorical pretreatment standards or pretreatment requirements, the industrial user shall submit the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard; the following conditions shall apply to this schedule:

[a] The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards or pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.). No increment shall exceed nine months.

[b] Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Water Systems Manager, including, as a minimum, whether or not the industrial user complied with the increment of progress to be met on such date and, if not, the date on which the industrial user expects to comply with this increment of progress; the reason for delay; and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Water Systems Manager.

[10] Each product produced, by type, amount, process or processes, and rate of production.

[11] Type and amount of raw materials processed (average and maximum per day).

[12] Number of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

[13] Any other information as may be deemed by the City to be necessary to evaluate the permit application.

(b) The City will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater discharge permit subject to the terms and conditions provided herein.

(3) Permit modifications. Within nine months of the promulgation of national categorical pretreatment standards or pretreatment requirements, the wastewater discharge permit of industrial users subject to such standards or requirements shall be revised to require compliance with such standards within the time frame prescribed by such standards. Where an industrial user subject to national categorical pretreatment standards or pretreatment requirements has not previously submitted an application for a wastewater discharge permit as required by this subsection, the industrial user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standards or pretreatment requirements; in addition, the industrial user with an existing wastewater discharge permit shall submit to the Water Systems Manager within 180 days after the promulgation of applicable national categorical pretreatment standards or pretreatment requirements the information required by Subsection J(2)(a)[8] and [9].

(4) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the City. Permits may contain the following:

(a) The schedule of charges and fees as listed in Subsection J(8) for the wastewater to be discharged to the publicly owned treatment works (POTW).

(b) Limits on the average and maximum wastewater constituents and characteristics.

(c) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.

(d) Requirements for installation and maintenance of inspection and sampling facilities.

(e) Requirements for installation and maintenance of pretreatment facilities.

(f) Specifications for monitoring programs, which may include sampling locations, frequency and method of sampling, number, types and standards for tests, and reporting schedule.

(g) Compliance schedules.

(h) Requirements for submission of technical reports or discharge reports [see Subsection J(7)].

(i) Requirements for maintaining and retaining plant records relating to wastewater discharge, as specified by the City, and affording the City access thereto.

(j) Requirements for notification to the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.

(k) Requirements for notification of slug discharges as per § 508-10A.

(l) Requirement that, if an industrial user monitors any pollutant more frequently than required by the wastewater facilities, the results of this monitoring shall be included in reports and submitted to the wastewater facilities.

(m) Other conditions as deemed appropriate by the City to ensure compliance with this chapter.

(5) Permit duration. Permits shall be issued for a period of five years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements identified in §§ 508-8 and 508-9 are modified or as other just causes exist. The industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

[Amended by Ord. No. 06-19]

(6) Permit transfer. Wastewater discharge permits are issued to a specific industrial user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(7) Reporting requirements for permittee. All industrial users subject to categorical pretreatment standards shall, at a minimum, comply with the reporting requirements contained in 40 CFR 403.12, including but not limited to baseline monitoring reports, periodic compliance reports, and compliance date reports.

(a) Compliance date reports. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or pretreatment requirements or, in the case of a new source, following commencement of the introduction of wastewater into the City's wastewater facilities, any user subject to categorical pretreatment standards and pretreatment requirements shall submit to the Water Systems Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical pretreatment standards and pretreatment requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such categorical pretreatment standards and pretreatment requirements. The report shall state whether the applicable categorical pretreatment and pretreatment requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical pretreatment standards and pretreatment requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a registered professional qualified to certify the report.

(b) Periodic compliance reports. Any industrial user subject to categorical pretreatment standards or pretreatment requirements, after the compliance date of such categorical pretreatment standards or pretreatment requirements or, in the case of a new source, after commencement of the discharge into the City's wastewater facilities, shall submit to the Water Systems Manager during the months of June and December, unless required more frequently in the categorical pretreatment standards or by the Water Systems Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards or pretreatment requirements. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow. At the discretion of the Water Systems Manager and in consideration of such factors as local high- or low-flow rates, holidays, budget cycles, etc., the Water Systems Manager may agree to alter the months during which the above reports are to be submitted.

[Amended 1-5-1016 by Ord. No. 16-1]

[1] The Water Systems Manager may impose mass limitations on industrial users which are using dilution to meet applicable categorical pretreatment standards or pretreatment requirements or in other cases where the imposition of mass limitations is appropriate. Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where required by the Water Systems Manager. The reports required in this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The frequency of monitoring by the discharger shall be as prescribed in Ch. NR 211, Wis. Adm. Code.

[2] Sampling and analysis shall be performed to identify the concentration or mass of regulated pollutants in the discharge from each regulated process according to the requirements of the applicable categorical pretreatment standard and the control authority. Both daily maximum and average values shall be reported. Samples shall be representative of daily operations. A minimum of four grab samples per day shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. All other samples shall be twenty-four-hour flow-proportional composites, except when the industrial user demonstrates to the control authority's satisfaction that flow-proportional sampling is infeasible. When flow-proportional sampling is infeasible, the industrial user may use time-proportional composite sampling or grab sampling if the industrial user has shown to the control authority's satisfaction that these methods provide representative samples of the effluent being discharged. Where alternative sampling is authorized by the control authority, the samples shall be representative of the discharge, and the decision to allow alternative methods shall be documented in the industrial user's file. Multiple grab samples collected during a twenty-four-hour period may be composited prior to analysis, provided appropriate protocols specified in Ch. NR 219, Wis. Adm. Code, and in EPA and department guidance are followed. Samples for cyanide, total phenols and sulfides may be composited in the laboratory or in the field. Samples for volatile organics and oil and grease may be composited in the laboratory. Other samples may be composited using approved methodologies as authorized by the control authority.

[3] Sampling and analysis shall be performed in accordance with procedures established in §  NR 219, Wis. Adm. Code, and/or established by the Administrator pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the Administrator. (Comment: Where 40 CFR Part 136 does not include a sampling and analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)

[4] These reports shall be based on sampling and analysis performed in the period covered by the report and performed in accordance with the techniques described in 40 CFR Part 136, and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the sampling and analytical techniques described in 40 CFR Part 136 are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the wastewater facilities or other persons, approved by the Administrator. This sampling and analysis may be performed by the wastewater facilities in lieu of the significant noncategorical user. Where the wastewater facilities itself collects all the information required for the report, the noncategorical significant industrial user will not be required to submit the report.

(c) Notification of changed discharge. All industrial users shall promptly notify the wastewater facilities in advance of any change in their industrial operations which may have an effect upon the waste and wastewaters generated or 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 this Subsection J. In such event, the wastewater facilities may add to, change or modify the conditions of the permit in accordance with this Subsection J.

(d) Certification statement. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(8) Charges and fees. The City may adopt charges and fees for the recovery of costs for the implementation of the City's pretreatment program established herein. These fees relate solely to the matters covered by the pretreatment regulations and are separate from all other fees chargeable by the City. These charges and fees may include the wastewater discharge permit fee, sampling charge, and laboratory analysis charge. These charges and fees shall be assessed to the industrial users through the Water Systems Manager and be collected by the City Clerk.

[Amended 10-4-2016 by Ord. No. 16-18; 7-5-2022 by Ord. No. 22-63]

(a) Permit fee. The City will charge the industries that are required to obtain a wastewater discharge permit per this Subsection J a permit fee as set by the Common Council and provided under separate fee schedule.

(b) Sampling charge. The City will assess the industries a sampling charge for sampling their wastewater with City equipment and manpower. The sampling charge, per site, is as set by the Common Council and provided under separate fee schedule per sampling day for twenty-four-hour composite samples or per grab sample.

(c) Laboratory analysis charge. The City will assess the industries a laboratory analysis charge to recover the City's expenses for analyzing industrial wastewater samples for specific pollutants. The charges for toxic organic pollutants and toxic inorganic pollutants will be determined by the commercial laboratory retained by the City to perform the analyses.

(d) Additional costs. Additional costs as established by the City will be charged to industries on a case-by-case basis for the following items:

[1] Fees for filing appeals.

[2] Fees for consistent removal (by the City) of pollutants otherwise subject to categorical pretreatment standards.

[3] Other fees as the City may deem necessary to carry out the requirements contained therein.

(9) Records retention. All dischargers subject to this chapter shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analyses made by or in behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(10) Revocation of permit. Any user which violates the following conditions of this chapter or applicable state and federal regulations is subject to having its permit revoked in accordance with the procedures of § 508-10 of this chapter:

(a) Failure of a user to factually report the wastewater constituents and characteristics of its discharge.

(b) Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

(d) Violations of conditions of the permit.

K. Pretreatment.

(1) Required facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards or pretreatment requirements within the time limitations as specified by the federal pretreatment regulations or pretreatment requirements. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the industrial user's initiation of the changes. All records relating to compliance with categorical pretreatment standards or pretreatment requirements shall be made available to officials of the EPA or approval authority upon request.

(2) Annual publication. A list of industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirements shall be annually published in the local newspaper. The notification shall also summarize any enforcement actions taken against the user during the same twelve-month period. A significant industrial user has been in significant noncompliance if any of the criteria in Subsection K(2)(a) to (g) apply. A nonsignificant industrial user has been in significant noncompliance if criteria in Subsection K(2)(c), (d) or (h) apply:

[Amended 1-5-1016 by Ord. No. 16-1]

(a) Sixty-six percent or more of all the measurements of the industrial user's wastewater for any of the same pollutant taken during a six-month period exceeded by any magnitude the daily maximum limit or the average of any numeric pretreatment standard or requirement, including an instantaneous limit;

(b) Thirty-three percent or more of all the measurements of the industrial user's wastewater for any of the same pollutant taken during a six-month period equaled or exceeded the product of the daily maximum limit or the average of the numeric pretreatment standard or requirement, including an instantaneous limit, multiplied by either 1.4 for BOD, TSS and fats-oil-grease; 1.2 for all other pollutants except pH; or exceeded a pH limit by 0.4 standard units;

(c) The control authority has reason to believe that the industrial user has caused, alone or in combination with other discharges, interference, pass-through or endangerment of the health of POTW personnel or the general public because of a violation of a pretreatment standard or requirement;

(d) The industrial user discharges a pollutant that has caused imminent endangerment to human health, welfare or the environment or has otherwise resulted in the POTW's exercise of its emergency authority to halt or prevent a discharge;

(e) The industrial user failed to meet, by 90 days or more, a milestone date contained in a compliance schedule within a local control mechanism or enforcement order for starting construction, completing construction or attaining compliance;

(f) The industrial user has failed to provide within 45 days of a deadline a required report containing all required monitoring results and other information, such as a baseline monitoring report, ninety-day compliance report, periodic self-monitoring report or report on adherence with a compliance schedule;

(g) The industrial user has failed to accurately report noncompliance; or

(h) The control authority has determined that any other violation or group of violations by the industrial user has adversely affected the operation or implementation of the local pretreatment program.

(3) Industrial user bypass provisions.

(a) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

(b) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(c) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection K(3)(e) and (f).

(d) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the wastewater facilities at least 10 days before the date of the bypass, if possible.

(e) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the wastewater facilities within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.

(f) Bypass is prohibited, and the wastewater facilities may take enforcement action against an industrial user for a bypass, unless:

[1] Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

[2] There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

[3] The industrial user submitted notices as required under Subsection K(3)(e).

(g) The wastewater facilities may approve an anticipated bypass, after considering its adverse effects, if the wastewater facilities determines that it will meet the three conditions listed in Subsection K(3)(f).

L. Residuals generated. Sludges, floats, skimmings, etc., generated by an industrial user or a commercial pretreatment system shall not be placed into the City's wastewater facilities. Such residuals shall be contained, transported and disposed of by haulers in accordance with federal, state and local regulations.

M. Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the Wisconsin pollutant discharge elimination system (WPDES) permit, state disposal system permit and/or the pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

N. Amalgam management at dental offices.

(1) This subsection applies to all dental offices that place or remove amalgam. If work in a dental office is limited to work that does not involve placing or removing amalgam, such as orthodontics, periodontics, oral and maxillofacial surgery, endodontics or prosthodontics, then this subsection does not apply.

(2) All dental offices shall implement best management practices for amalgam as established by the Wisconsin Dental Association.

(3) Within the shortest reasonable time, but not later than January 1, 2009, every vacuum system where amalgam is placed or removed shall include an amalgam separator that meets the criteria of the International Standards Organization (ISO 11143). Dental offices shall install, operate and maintain the amalgam separator according to instructions provided by the manufacturer. The amalgam separator shall have a design and capacity appropriate for the size and type of vacuum system.

(4) On or before January 1, 2008, each dental office shall submit a report to the Water Systems Manager that certifies the implementation of the best management practices required by Subsection N(2).

(5) On or before June 30, 2008, each dental office shall provide a schedule to the Water Systems Manager for the installation of the amalgam separator required by Subsection N(3).

(6) On or before September 30, 2008, each dental office shall provide a report to the Water Systems Manager, providing the following information:

(a) If installation of the amalgam separator is complete, then the report shall identify the installation date, the manufacturer and the model name.

(b) If installation of the amalgam separator is incomplete, then the report shall briefly explain the delay, provide an installation schedule, and identify the manufacturer and the model name of the amalgam separator that will be installed.

(7) If a dental office has provided a report according to Subsection N(6)(b), then the dental office shall notify the Water Systems Manager of the completion of the installation within five days after completion.

(8) The Watertown Wastewater Treatment Plant shall provide forms for reporting the information required by Subsection N(4), (5), (6), and (7).

(9) From the contractors used to remove amalgam waste, dental offices shall obtain records for each shipment, showing the volume or mass of amalgam waste shipped, the name and address of destination, and the name and address of the contractor. Dental offices shall maintain these records for a minimum of five years.

(10) Dental offices shall allow entry to their premises by an employee or representative of the Watertown Wastewater Treatment Plant to inspect the vacuum system, amalgam separator, and amalgam waste storage areas.

(11) Inspections shall occur during the normal operating schedule of the dental office. The Watertown Wastewater Treatment Plant employee or representative shall inspect dental offices according to appointments made in advance, as long as this notice does not impede enforcement of this subsection.

(12) If a dental office is implementing the best management practices required by Subsection N(2) and is operating and maintaining the amalgam separator required by Subsection N(3), then any numerical discharge limit for mercury established in any other section of this chapter does not apply.

(13) On or before January 15, 2009, and the same date in all years in the future, a report must be submitted to the City of Watertown Wastewater Treatment Plant at P.O. Box 477, Watertown, Wisconsin 53094. The report must state dates the amalgam separator was emptied along with a copy from a certified contractor which identifies the contractor and amount removed.

§ 508-10 Enforcement procedures.

A. Slug or accidental discharges.

(1) Users shall notify the City immediately upon having a slug or accidental discharge of substances or wastewater in violation of this chapter in order to enable countermeasures to be taken by the City to minimize damage to wastewater facilities and the receiving waters. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions. The City may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the wastewater facilities or causes the City to violate any condition of its WPDES permit. Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater facilities or endangerment to any individuals. The City shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. Within five days of the date of occurrence, the user shall submit to the City a detailed written statement describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences.

(2) If sampling performed by an industrial user indicates a violation, the user shall notify the wastewater facilities within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the wastewater facilities within 30 days after becoming aware of the violation. The Water Systems Manager shall determine the sampling and analysis required to demonstrate compliance. Where the control authority has performed the original sampling and analysis in lieu of the industrial user, the control authority shall perform the repeat sampling and analysis unless it notifies such user of the violation and requires the user to perform repeat analysis.

[Amended 1-5-1016 by Ord. No. 16-1]

(3) Notice of noncompliance. Whenever the City finds that any user has violated or is violating this chapter, the wastewater discharge permit or any prohibition, limitation or requirements contained herein, the City shall issue to the user a notice of noncompliance for violations, except where serious noncompliance justifies immediate issuance of a notice of violation. The notice of noncompliance will explain the nature of the noncompliance and require that the user, within 30 days of the date of the notice, file a plan for the expeditious correction of the noncompliance. The plan shall be reviewed by the City and approved if the plan demonstrates that the proposed action will eliminate the violation in a timely manner. If the user does not submit a plan acceptable to the City, fails to submit a plan, or does not comply with the submitted plan, the City may take action in accordance with Subsection B.

[Amended by Ord. No. 88-80]

B. Notification of violation. Whenever the City finds that any user is violating this chapter, the wastewater discharge permit or any prohibition, limitation or requirement contained herein, the City may serve upon such user a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for satisfactory correction thereof shall be submitted to the City by the user.

C. Show cause hearing.

(1) Notice of the hearing. The City may order any user which causes or allows conduct prohibited by this section to show cause before the Public Works Commission why enforcement action should not be taken against such user. A notice shall be served on the user, specifying the time and place of a hearing to be held by the Public Works Commission regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action, and directing the user to show cause before the Public Works Commission why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. The notice of the hearing may be served on any agent or officer of a corporation.

(2) Hearing officials. The Common Council has designated the following as members of the hearing board: Public Works Commission, Public Works Director/City Engineer, Water Systems Manager and City Attorney.

[Amended 7-5-2022 by Ord. No. 22-63]

(a) The hearing board will:

[1] Issue, in the name of the Common Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

[2] Take the evidence.

(b) The hearing officials will make a determination on the course of action to be taken by the City.

(3) Transcripts. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(4) Issuance of orders. After the Public Works Commission has reviewed the evidence, it may issue an order to the user responsible for the prohibited conduct. The order may direct that, following a specified time period, sewer service be discontinued unless the problem is corrected and additional measures are taken to prevent future problems. Further orders and directives as are necessary and appropriate may be issued. The orders may also revoke the user's wastewater discharge permit.

D. Legal action. If any user discharges domestic wastewater, industrial wastes or other wastes into the City's wastewater facilities contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the Circuit Court.

E. Civil and criminal penalties. Any user which is found to have violated an order of the Public Works Commission or which willfully or negligently failed to comply with any provisions of this chapter and orders, rules, regulations and permits issued hereunder shall be subject to fines as established in this subsection. The City shall have authority to seek or assess civil and criminal penalties in at least the amount of $1,000 per day for each violation of a pretreatment standard or requirement. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. In default of payment of such forfeiture and costs, said violator shall be imprisoned for a period not to exceed 30 days. The following administrative fines may be assessed against violators of this chapter:

(1) For an accidental discharge, the violator shall be fined not less than $50 for each offense.

(2) For failure to report an accidental discharge, the violator shall be fined not less than $1,500 for each offense.

(3) For significant noncompliance in a six-month period, the violator shall be fined not less than $250 per day of documented violations.

(4) For significant noncompliance in two consecutive six-month periods, the violator shall be fined not less than $500 per day of documented violations.

(5) For violations which result in the wastewater facilities violating its WPDES permit, the violator shall be fined not less than $1,000 per day of WPDES violation.

(6) For failure to provide reports on schedule, the violator shall be fined not less than $100 for reports 0 to 14 days late, not less than $250 for reports 15 to 30 days late, not less than $500 for reports 31 to 60 days late, and not less than $500 plus $100 per day for reports more than 61 days late.

F. Costs of damage. Any user violating any of the provisions of this chapter, or which has a discharge which causes a deposit, obstruction, damage or other impairment to the City's wastewater facilities, shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City may add to the user's charge and fees the costs assessed or incurred for any cleaning, repair or replacement work caused by the violation or discharge, or may bill the user directly. Refusal to pay the assessed or incurred costs shall constitute a violation of this chapter.

G. Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not less than $1,000. In default of payment, said violator shall be imprisoned for a period not to exceed 30 days.