[Amended 5-22-2003 by Ord. No. 1138]
The Common Council of the City of Muskego, pursuant to the provision
of § 66.0621(1)(b), Wis. Stats., does hereby declare the
City of Muskego owned sewerage system, collection system (as hereinafter
defined), waste collection and disposal operations, and all other
appurtenances and equipment for such purposes a public utility as
of the date of this chapter.
This chapter, its rules, regulations and rates shall apply to
all individuals, firms, corporations and institutions residing within
the corporate limits of the City of Muskego or its sewer service area
and any person, firm or corporation by attachment or otherwise coming
in to locate within the City of Muskego subsequent to the effective
date hereof.
[Added 5-22-2003 by Ord. No. 1138]
The areas to be served by the City of Muskego Sewer Utility
shall include all areas within the corporate limits of the City of
Muskego within the sewer service area of the Milwaukee Metropolitan
Sewerage District (MMSD) or Norway Sanitary Sewer District, as that
may be amended from time to time, and such areas beyond the corporate
limits of the City as hereinafter identified. The Muskego Utility
shall have no obligation to serve any area outside the incorporated
limits of the City beyond the areas hereinafter identified, and by
this chapter the City of Muskego expressly affirms its policy that
it is unwilling to serve any areas beyond the corporate limits of
the City, other than those expressly identified herein:
A. The areas identified in the amendment to the Agreement Creating the
Linnie Lac Sanitary Sewer District by and between the City of Muskego
and the City of New Berlin adopted by Resolution No. 237-2000 and
any subsequent amendments to said Agreement by resolution of the Common
Council.
The meaning of terms used in this chapter shall be as follows:
ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as amended by the Federal Water Pollution Control Act Amendments
of 1972 (Pub. L. 92-500 and Pub. L. 93-243) or modified by Ch. 283,
Wis. Stats., or appropriate section of the Wisconsin Administrative
Code adopted pursuant to Ch. 283, Wis. Stats.
APPROVING AUTHORITY
The Common Council of the City of Muskego or its duly authorized
deputy, agent or representative.
BOD
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five days at a temperature of 20°
centigrade. The laboratory determination shall be made in accordance
with procedures set forth in Standard Methods.
BUILDING SEWER, LATERAL or SERVICE PIPE
A sewer that carries only sewage and industrial wastes from
the building plumbing to the public sanitary sewer. This pipe shall
also be defined as one connection per pipe.
CITY
The City of Muskego.
COLLECTION SYSTEM
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
COMMERCIAL
Multifamily dwelling units consisting of three or more dwelling
units and all other uses not defined as residential, condominium or
industrial users.
CONDOMINIUM
A residential dwelling unit that may consist of a single-family
unit, duplex units or multifamily buildings of three or more units
with a sewer connection that may be used individually or in common
with other condominium units.
CONNECTION CHARGE
A charge levied on users for each lateral connected to the
sewerage system. The revenues generated from the connection charge
shall be used to cover the cost of infiltration and inflow.
CONSUMPTION CHARGE
A charge levied on users to recover the component of total
operation, maintenance and capital costs of the sewerage system that
relates to wastewater flow caused by users of the sewerage system.
The consumption charge shall consist of a charge in terms of dollars
per 1,000 gallons of flow.
DEBT RETIREMENT
All annual principal and interest requirements and obligations
of the City for the sewerage system, including capital charges.
DEDUCT METER
A water meter installed on fixtures in a building that does
not discharge to the sanitary sewer and is used to determine a deduction
from the main water meter for sewer usage billing purposes.
[Added 8-22-2002 by Ord. No. 1113]
DOMESTIC WASTEWATER
Waterborne waste normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial waste and in which
the average concentration of suspended solids is established at 320
mg/l and a BOD is established at 255 mg/l.
INDUSTRIAL USER
A.
Any nongovernmental, nonresidential user of the sewerage system
that discharges more than the equivalent of 1,000 gallons per day
(gpd) of sanitary wastes and whose activities are identified in the
Standard Industrial Classification Manual, 1972, Office of Management
and Budget, as amended and supplemented, under the following divisions:
(1)
Division A: Agriculture, Forestry and Fishing.
(3)
Division D: Manufacturing.
(4)
Division E: Transportation, Communications, Electric, Gas and
Sanitary Services.
B.
In determining if a user is in the industrial classification,
the City may exclude domestic wastes or discharges from sanitary conveniences.
After applying the sanitary waste exclusion, discharges in the above
divisions that have a volume exceeding 1,000 gpd or the weight of
biochemical oxygen demand (BOD) or suspended solids (SS) equivalent
to that weight found in 1,000 gpd of sanitary waste are considered
industrial users. Sanitary wastes, for purposes of this calculation
of equivalency, are the waste discharges from residential users. Any
nongovernmental user of the sewerage system that discharges wastewater
to the sewerage system that contains toxic pollutants or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other waste, to contaminate the sludge of any
municipal system or to injure or to interfere with any sewage treatment
process, or that constitute a hazard to humans or animals, create
a public nuisance, or create any hazard in or have an adverse effect
on the waters receiving any discharge from the treatment works, shall
be an industrial user, even if it does not discharge the equivalent
of 1,000 gallons per day of sanitary waste.
INDUSTRIAL WASTE
Any waterborne solids, liquids or gaseous wastes, other than
domestic wastewater, resulting from, discharging from, flowing from
or escaping from any commercial, industrial, manufacturing or food
processing operation or process or from the development of any natural
resource, or any mixture of these with water or domestic wastewater.
INTERCEPTING SEWER
A sewer constructed to receive the dry weather flow of untreated
or inadequately treated wastewater from one or more existing sanitary
system terminals, other than from a dwelling or building that presently
discharges or formerly discharged flow directly into any waters of
the state, and convey the flow to a treatment works, or is to serve
in lieu of an existing or proposed treatment works.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
NORMAL SEWAGE
Wastewater in which BOD or suspended solids concentrations
do not exceed normal concentrations of:
A.
A five-day 20° C. BOD of not more than 200 parts per million.
B.
A suspended solids concentration of not more than 250 parts
per million.
OPERATION AND MAINTENANCE COST
The actual sums spent by the Utility in the operation and
maintenance of its sewerage system, consisting of, but not limited
to, each and all of the following purposes:
A.
Wages and salaries and employee-related expenses of operating,
maintenance, clerical, laboratory and supervisory personnel, together
with fringe benefits and premiums paid on such wages and salaries
for the State of Wisconsin workers' compensation coverage.
C.
Chemicals, fuel and other operating supplies.
D.
Repairs to and maintenance of the equipment associated therewith.
E.
Premiums for hazard insurance.
F.
Premiums for insurance providing coverage against liability
for the injury to person and/or property.
H.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
I.
Consultant and legal fees.
K.
Operation, maintenance and capital costs charged to the City
of Muskego by the Milwaukee Metropolitan Sewerage District (MMSD)
or the Town of Norway Sanitary District No. 1.
PERSON
Any and all persons, natural or artificial, including any
individual, firm, company, municipal or private corporation, association,
governmental agency or other entity and agents, servants or employees.
pH
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in Standard Methods.
PUBLIC SEWER
A sewer in which all owners or abutting properties have equal
rights and which is controlled or owned by public authority.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories
and appurtenances that are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed.
RESIDENTIAL
All condominiums, single-family or two-family (duplex) dwelling
units. Multifamily or multiunit buildings consisting of three or more
dwelling units shall be classified as commercial. Multifamily dwelling
buildings of three or more units that consist of condominiums shall
be classified as residential.
RESIDENTIAL EQUIVALENT CONNECTION (REC)
The amount of normal wastewater discharged (base flow) by
one average household. For user charge billings, the base flow associated
with one residential equivalent connection shall be computed by multiplying
the City occupancy factor, as described in the current volume of the
Milwaukee Metropolitan Sewerage District (MMSD) Cost Recovery Procedures
Manual, times the gallons per capita per day factor established yearly
by MMSD. Commercial lands shall be estimated at 4.81 RECs per acre
and industrial lands shall be estimated at 9.63 RECs per acre until
the lands are developed and actual flows can be established.
SANITARY SEWER
A sewer that conveys domestic wastewater or industrial waste
or a combination of both and into which stormwater, surface water
and groundwater or unpolluted industrial wastewater is not intentionally
passed.
SEWERAGE SYSTEM
All facilities for the collection, transporting, and pumping
of waste and wastewater. Also may be referred to as "sewer system."
SEWER SERVICE CHARGES
Charges to users of the sewerage system. Sewer service charges
may include connection charges, consumption charges, ready to serve
charges, and other charges as deemed necessary by the approving authority
so as to assure that each user of the sewerage system pays its proportionate
share of the cost of such facilities.
SLUG
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during normal operation and shall adversely
affect the collection system and/or performance of the wastewater
treatment works.
STANDARD METHODS
The methods and procedures set forth in the latest edition
of Standard Methods for the Examination of Water and Wastewater as
prepared, approved and published by the American Public Health Association,
American Water Works Association and the Water Environment Federation.
STORM SEWER
A sewer that carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by a laboratory
filtration device. Quantitative determination of suspended solids
shall be made in accordance with procedures set forth in Standard
Methods.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
USER
Any person discharging domestic wastewater or industrial
wastes into the collection system.
UTILITY
The City of Muskego Sewer Utility established by this chapter.
WASTE
Any solid, liquid or gaseous material or combination thereof
discharged from any residences, business buildings, institutions and
industrial establishments into the collection system or storm sewer.
WASTEWATER
A combination of the water-carried waste discharges into
the collection system from residences, business buildings, institutions
and industrial establishments, together with such groundwater, surface
water and stormwater as may be present.
WPDES PERMIT
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283,
Wis. Stats.
Any person who accidentally discharges wastes or wastewater prohibited under §
290-10 shall immediately report such discharge to the Public Works and Development Director or designee.
Grease, oil and sand interceptors shall be provided at repair
garages, gasoline stations, car washes and other industrial or commercial
establishments for the proper handling of liquid wastes containing
grease in excessive amounts, oil, flammable wastes, sand and other
harmful ingredients. All interceptors shall be constructed in accordance
with the Wisconsin Plumbing Code and shall be located as to be readily
and easily accessible for easy cleaning and inspection. All grease,
oil and sand interceptors shall be maintained by the owner, at its
expense, in continuous, efficient operation at all times.
When Chs. NR 101 and NR 202, Wis. Adm. Code, and/or the MMSD
or the Town of Norway Sanitary District No. 1 requires the submittal
of the character and concentration of wastes, waste volume, and production
information to the MMSD or the Town of Norway Sanitary District No.
1 and/or Wisconsin Department of Natural Resources (DNR), the user
shall have the waste character and concentration determined by an
independent testing laboratory. A copy of the test results and DNR
reports shall be submitted to the Public Works and Development Director
or designee.
The City shall be permitted to gain access to such properties
as may be necessary for the purpose of inspection, observation, measurement,
sampling and testing, in accordance with provisions of this chapter.
[Amended 6-26-2018 by Ord. No. 1418]
When requested by the user furnishing a report or permit application
or questionnaire, the portions of the report or other document which
might disclose trade secrets or secret processes shall not be made
available for inspection by the public but shall be available for
use by the City or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report.
[Amended 6-26-2018 by Ord. No. 1418]
The Milwaukee Metropolitan Sewer District (MMSD) Rules and Regulations,
Chapter 17, promulgated by MMSD, as now in effect and as the same
may be amended from time to time hereafter, is hereby incorporated
by reference and shall be of full force and effect as though set forth
in its entirety herein.