[HISTORY: Adopted by the Village Board of Trustees of the
Village of Slinger as Ch. 12 of the former Municipal Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 468.
The Village Board, pursuant to the provisions of § 66.0621(1)(b),
Wis. Stats., does hereby declare that the sewerage system of the Village,
consisting of the collection system (as hereinafter defined), waste
collection and disposal operations, sewerage system and all other
appurtenances, and equipment used for such purposes, or wastewater
treatment plant (as hereinafter defined), shall be designated the
"Village of Slinger Sewer Utility" or the "Sewer Utility." This public
utility is not a public service subject to regulation by the Wisconsin
Public Service Commission.
This chapter regulates the use of public and private sewers
and drains, discharge of septage into the public sewerage system,
and the discharge of waters and wastes into the public sewerage systems
within the Village of Slinger. It provides for and explains the method
used for imposing and collecting sewerage service charges, sets uniform
requirements for discharges into the wastewater collection and treatment
systems and the issuing of permits to certain users, and enables the
Village to comply with administrative provisions and other discharge
criteria which are required or authorized by the State of Wisconsin
or Federal law. Its intent is to derive the maximum public benefit
by regulating the characteristics of wastewater discharged into the
Village of Slinger sewerage system. This chapter shall supersede any
previous ordinance, rules or regulations, and shall repeal all parts
thereof that may be inconsistent with this chapter. If there is any
conflict between this chapter and any applicable statute, the state
statute shall be controlling.
The operation, management and control of the Sewer Utility is
vested in the Village Board. All records of the Sewer Utility shall
be kept by the Village Clerk in the Village Hall or other officially
designated place.
A.
The Village Board or designated official shall have the power to
construct sewer lines for public use and shall have the power to lay
sewer pipes in and through alleys, streets, and public grounds of
the Village; and generally, to do all such work as may be found necessary
or convenient in the management of the sewer system. The Village Board
shall have power by itself, its officers, agents and servants, to
enter upon any land for the purpose of making an examination or to
supervise in the performance of its duties under this chapter, without
liability therefor; and the Village Board or designated official shall
have the power to purchase property which may be necessary for construction
of the sewer system or for any repair, remodeling or additions thereto.[1]
B.
The rules, regulations and rates hereinafter set forth shall be considered
part of the regulations applicable to every individual or entity connected
to the sewerage system and all persons discharging wastes to the sewerage
system. Such rules, regulations and rates may be changed from time
to time as determined by the Village Board and the right is reserved
to make special rates and contracts in all proper cases.
C.
The Village Board shall cause an annual audit of the books of the
Sewer Utility to be made and shall make the books and records relating
to the Sewer Utility available for inspection during regular business
hours.
D.
A proportionate distribution of operation, maintenance and replacement
costs shall be maintained among user classes. Users shall be notified
annually of the sewer service charges associated with the sewerage
system.
E.
The Sewer Utility shall be able to utilize the full authority provided
in § 66.0821, Wis. Stats., with respect to financing methods,
sewerage service charges, and other matters therein dealt with, and
shall have all legal authority permitted for municipal utilities to
charge reasonable rates for services.
The application of this chapter, its rules, regulations and
rates shall apply to all individuals, firms, corporations and institutions
residing within the corporate limit of the Village and any person,
firm or corporation, by attachment to the sewerage system or otherwise
by contract or agreement coming within the Village sewer service area
subsequent to the effective date hereof and all entities hauling wastes
or trucking wastes and discharging to the sewerage system.
The meaning of terms used in this chapter shall be as follows:
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 as modified by Chs.
281 and 283, Wis. Stats., or appropriate sections of the Wisconsin
Administrative Code adopted pursuant to Chs. 281 and 283.
One of the oxidation states of nitrogen, in which nitrogen
is combined with hydrogen in molecular form at NH3 or in ionized form as NH4. Quantitative determination
of ammonia nitrogen shall be made in accordance with procedures set
forth in "Standard Methods" or Ch. NR 149, Wis. Adm. Code.[1]
A sewer which carries only sewage or industrial wastes from
the building plumbing to the public sanitary sewer. The lateral or
service is defined as all necessary piping from the building up to
and including connection to the public main.[2]
The cost of acquiring, purchasing, leasing, planning, designing,
constructing, extending and improving all or any part of the sewerage
system and of paying principal, interest or premiums on any indebtedness
incurred for these purposes.
That amount of a specified oxidant that reacts with a sample
under controlled conditions. The quantity of oxidant consumed is expressed
in terms of its oxygen equivalence. COD is a defined test; the extent
of sample oxidation can be affected by digestion time, reagent strength
and sample COD concentration.[3]
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
Each physical connection to the municipal collection system,
including any private sewer system that connects to the municipal
collection system.
All annual principal and interest requirements and obligations
of the Village for the sewerage system.
Scum, liquid, sludge or other waste from a holding tank from
which a portion of the liquid has been decanted. Any hauled waste
with a strength of 4,000 to 6,000 mg/l of COD, 250 to 1,000 mg/l of
TSS or 20 to 100 mg/l of phosphorous shall be considered decant waste.[4]
The introduction of pollutants into the sewerage system from
any non-domestic source regulated under § 307(b), (c) or
(d) of the Act.
A sampling and metering station required to be installed
through a discharge monitoring agreement signed by an industrial user
with the Village in order to obtain information on that user's
discharge to the system and to establish sewer user charges.
Waterborne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial wastes and in which
the average concentration of suspended solids is established at or
below 1,200 mg/l and the COD is established at or below 800 mg/l and
phosphorus at or below 6 mg/l.[5]
A charge levied on users monthly for each lateral connected
to the public sanitary sewer. The revenues generated from the fixed
charge shall be used to cover expenditures relating to customer costs
and costs related to flow not attributable to users (infiltration/inflow).
A sample consisting of portions of waste taken in proportion
to the volume of flow of such wastes.
Scum, liquid, sludge or other waste from a holding tank.
Any hauled waste with a strength of 1,200 to 4,000 mg/l of COD, 250
mg/l of TSS or 20 mg/l of phosphorous shall be considered holding
tank waste.[6]
See "discharge."
Recovery by the Village Board from the industrial users of
the sewerage system of the amount allowable for the treatment of wastes
from such users pursuant to § 204(b) of the Federal Act.
Any nonresidential user identified in Division A, B, D, E,
or I of the Standard Industrial Classifications Manual. Class III
also shall include any user that discharges wastewater containing
toxic or poisonous substances as defined in § 307 or § 502
of the Act, or any substance(s) causing interference in the wastewater
facilities. Class III shall include any nonresidential user who:
Is subject to national categorical pretreatment standards;
Has a nondomestic flow of 25,000 gallons or more per average
workday;
Contributes more than 5% of the average dry-weather capacity
of the wastewater facility; or
Is determined by the Village Board or Utilities Superintendent
to have the potential to adversely affect the wastewater facility.
Any waterborne solids, liquids or gaseous wastes other than
domestic wastewater, resulting from discharge from, flow from or escape
from any commercial, industrial, manufacturing or food processing
operation or process; from the development of any natural resource;
or any mixture of these with water or domestic wastewater.[7]
The inhibition or disruption of any sewer system, wastewater
treatment process, sludge disposal system, or their operation, which
substantially contributes to a violation of applicable discharge permits.
Means it is permissible.
The wastewater of a community and approved sanitary districts.
From the standpoint of the source, it may be a combination of the
liquid and water-carried wastes from residences, commercial buildings,
industrial plants together with any groundwater, surface water, and
stormwater that may have entered inadvertently into the sewerage system.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
Sanitary sewage in which COD and total suspended solids concentrations
do not exceed normal concentration of:[8]
The actual sums spent by the Village in the operation and
maintenance of its sewerage system, consisting of, but not limited
to, each and all of the following purposes:
Wages and salaries of employees related to expenses of operation,
maintenance, clerical, laboratory and supervisory personnel, together
with fringe benefits and premiums paid on such wages and salaries.[9]
Electrical power and other utility services.
Chemicals, fuel and other operating supplies.
Repairs to and maintenance of associated equipment, including
system monitoring and control software.[10]
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Training and educational expenses.
Routine capital improvements approved in the annual budget.
The Village Building Inspector and/or Utilities Superintendent
shall be the Ordinance Administrator for purposes of enforcing the
provisions of this chapter.[11]
Any and all persons, including an individual, firm, company,
municipal or private corporations, association, society, institution,
enterprise, government agency, or other entity.
The logarithm (base-10) of the reciprocal of the hydrogen
concentration expressed in grams per liter. It shall be determined
by one of the procedures outlined in "Standard Methods."
The total phosphorus as determined in procedures set forth
in "Standard Methods."
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater before discharge to the Village sewerage system.
A privately owned sewer serving two or more buildings and
not directly controlled by a public authority.
A sewer that is controlled or owned by the public authority.
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the
wastewater treatment plant to maintain the capacity and performance
for which such works were designed and constructed.
The wastewater flow and loadings to the sewerage system equivalent
to that contributed by an average residential family unit. An average
residential family equivalent shall be calculated from time to time
by the Village based upon the total residential water use divided
by the total number of residential customers.
All premises used only for human residency and that are connected
to the sewerage system.
A sewer that conveys domestic wastewater or industrial waste,
or a combination of both and into which storm, surface and groundwater
or unpolluted industrial wastewater are not intentionally contributed.
Scum, liquid, sludge or other waste from a septic tank, soil
absorption field, holding tank, vault toilet or privy. This does not
include the waste from a grease trap. Any hauled waste with a waste
strength greater than 6,000 mg/l of COD, 1,000 mg/l of TSS or 100
mg/l of phosphorous or higher shall be considered septage.[12]
The areas presently served or anticipated to be served by
a municipal sewerage system, as defined in the Sanitary Sewer Service
Area for the Village of Slinger that is part of the SEWRPC Regional
Water Quality Management Plan.
All facilities for collecting, transporting, pumping, treating
and disposing of domestic wastewater, industrial wastes and hauled
waste. Also may be referred to as "sewer system." The facilities that
convey wastewater from individual structures from private property
to the public sanitary sewer are specifically excluded from the definition
of "sewerage system"; except that pumping units and pressurized lines
for individual structures or groups of structures may be included
as part of the sewerage system when such units are allowed by the
Village.
Means it is mandatory.
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 which adversely
affects the collection system and/or performance of the wastewater
treatment plant.
The examination and analytical procedures set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater" as prepared, approved and published jointly by the American
Public Health Association, American Water Works Association and Water
Environment Federation.
A charge, equal to 100% of the sewer use charge as defined in § 398-7C of this chapter, imposed on properties that are adjacent to a public sewer but which have failed to connect to the public sewerage system within 365 days after the public sewer first becomes operational.
A sewer which carries storm and surface drainage, but excludes
domestic wastewater and industrial wastes.
A user of the sewerage system who discharges waste, which
has higher concentrations than domestic wastewater and is assessed
an additional charge (surcharge) for the constituents higher in concentration
than domestic wastewater.
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 total suspended solids
shall be made in accordance with procedures set forth in "Standard
Methods." Also referred to as "suspended solids."
Any of the pollutants defined by federal regulations pursuant
to § 307(a)(1) of the Act.
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 discharging to the
sanitary sewers and wastewater treatment plant provided.
Flow, COD, total suspended solids and infiltration/inflow
or the quantity of these factors as determined by the Village by sampling
and monitoring the wastewater treatment plant influent and surcharge
users and from the Water Utility records.[13]
Any person discharging domestic wastewater or industrial
wastes into the collection system or entity discharging septage or
other wastes hauled to the sewerage system.[14]
A charge levied on users to recover the component of total
operation, maintenance and capital costs of the sewerage system which
relates to sewage flow generated by users of the system. The user
charge shall consist of a volumetric charge in terms of dollars per
unit of metered water usage.
The Utilities Superintendent of the wastewater treatment
and conveyance facilities, who shall be in charge of and supervise
the operations and functions of the wastewater treatment and conveyance
facilities and who shall report to the Village Administrator.[15]
Any solids, liquid or gaseous material or combination thereof
discharged from any residences, business buildings, institutions,
industrial establishments and septage haulers into the collection
system, storm sewer or septage receiving station.
A person or business holding a valid license to do septage
servicing under Ch. NR 113, Wis. Adm. Code.
A combination of the water-carried waste discharged into
the collection system from residences, business buildings, institutions
and industrial establishments, together with such ground, surface
and stormwater as may be present.
A pumping facility utilized to pump wastewater within the
collection system.[16]
Any Village-owned facility, devices and structures used for
receiving and treating wastewater from the Village collection system.
The Slinger Water Utility.
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES), as defined in § 283.01(10),
Wis. Stats.
A.
Declaration of policy. The Village Board finds and declares that
the public health, comfort and safety is preserved and enhanced by
the provision of the sewerage system in the promotion of a clean and
healthful environment and that the failure to connect to the sewerage
system is contrary to minimum health standards.
B.
Connection.
(1)
To assure preservation of public health, comfort and safety, the
owner of any house, building or property used for human occupancy,
employment, recreation or other habitation, situated within the Village
and adjacent to a public sewer or in a block through which a public
sewer extends shall connect to such system in accordance with the
provisions of this chapter within 365 days as specified in a written
notice to connect from the Village Board or designated official, or
if an immediate hazard exists within 30 days upon receipt of notice
from the Village Board or designated official.
(2)
If any person fails to comply with Subsection B(1) above, the Village, at its option, may take any or all of the following actions, which are not mutually exclusive, and which shall be in addition to other applicable penalties and remedies:
(b)
Cause such connection to be made and the expense of the connection
shall be assessed as a special tax against the property. The owner
may, within 30 days after the completion of the work by the Village,
file a written option with the Village Treasurer stating that he or
she cannot pay the amount in one sum and ask that it be levied in
not to exceed five equal annual installments and that the amount shall
be so collected with interest at a rate not to exceed 15% per year
from the completion of the work. The unpaid balance shall be a special
tax lien against the property.
(c)
Impose a standby charge for the period of time in violation of Subsection B(1) above, after providing at least 10 days' written notice to any owner failing to make a connection to the sewerage system, for an amount equal to 100% of the sewer use charge as defined in § 398-7C of this chapter, payable monthly for the period in which the failure to connect continues. In the event the applicable house, building or property is not connected to metered water, the sewer use charge shall be calculated based upon an estimate of water used by the facility as determined by the Village Board or its designee, which estimate shall be stated in the notice to the property owner. Upon failure to make such a payment, said charge shall be imposed against the lot or parcel as a special charge pursuant to § 66.0627, Wis. Stats.
C.
Alternative disposal prohibited.
(1)
No person shall construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended to be used for the disposal
of domestic wastewater if a public sewer is available. No new buildings
may be constructed within the sewer service area of the Village without
connecting to the public sewerage system.
(2)
No person shall discharge to any natural outlet within the Village,
or in any area under the jurisdiction of the Village, sewage or other
polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this subchapter.
D.
Plumbers. No plumber or other person will be permitted to engage
in or work at any plumbing in connection with the sewerage system
without first receiving a license from the Wisconsin Department of
Safety and Professional Services.
E.
General user regulations.
(1)
Application for service.
(a)
Every person requesting connection to the sewerage system shall
file an application in writing to the Village in such form as is prescribed
for that purpose. Blanks for such applications will be furnished at
the office of the Village Clerk. For new home construction, this application
will be included in the building permit packet. The application must
state fully and truly all the use which will presently be made. If
any change in use from that set forth in this application is contemplated,
the user must obtain further application and permission from the Village
Engineer. If the applicant is not the owner of the premises, the written
consent of the owner must accompany the application.
(b)
The application may be for service to more than one building
or more than one unit of service through one service connection and,
in such case, charges shall be made accordingly.
(c)
If it appears that the service applied for will provide adequate
service for the contemplated use, the Building Inspector may issue
a permit, after appropriate fees are paid, for services as shown on
the application. If it appears that the service applied for will not
provide adequate service for the contemplated use, the Building Inspector
may reject the application.
(d)
All expenses relating to the connection to the sewerage system
shall be paid by the applicant or owner at the time of permit issuance.
(2)
Connection costs. Persons attaching to a sewer main shall have the
lateral from the sewer main installed at their own expense. The Sanitary
Sewerage Facilities Impact Fee shall also be paid at the time of issuance
of a building permit.
(3)
Sewer connections. After sewer connections have been installed into
any building or upon any premises, no plumber shall make any alterations,
extensions or attachments, unless the party ordering a sewer connection
or other work shall obtain and exhibit the proper permit for the same
from the Village Board or designated official.[2]
(4)
Laterals; user to keep in good repair. All users shall keep their
own laterals in good repair and protected from frost at their own
risk and expense and shall prevent any overburdening of the sewerage
system. The user is responsible for their lateral from the street
main through their facility served.[3]
(5)
Backflow preventor. All floor drains shall have a backflow prevention
valve installed at the owner's expense.
(6)
User use only. No user shall allow other persons to connect to or
permit other uses to be made of the sewerage system through his or
her lateral.
(7)
Vacating of premises and discontinuance of service. Whenever premises
served by the sewerage system are to be vacated, or whenever any person
desires to discontinue service from the system; the Village must be
notified in writing. The owner of the property shall be liable for
any damages to the property of the system other than through the fault
of the system or its employees, representatives, or agents.
(8)
User to permit inspection. Every user shall permit the Village or
its authorized agent at all reasonable hours of the day to enter their
premises or building to examine the pipes and fixtures and the manner
in which the drains and sewer connections operate. Should the owner
or occupant of the premises refuse voluntary access to the premises,
the Building Inspector is authorized to seek a special inspection
warrant under § 66.0119, Wis. Stats.[4]
(9)
Responsibility. No claim shall be made against the Village or its
agents or employees by reasons of the breaking, clogging, stoppage
or freezing of any service pipe, nor from any damage arising from
repairing mains, making connections or extensions or any other work
that may be deemed necessary by the Village, absent of gross negligence
of the Village, its agents or employees. The Village may cut off the
service at any time for the purpose of repairs or any other necessary
purpose, any permit granted or regulation to the contrary notwithstanding.
Whenever it shall become necessary to shut off the sewer service within
an area of the Village, the Village shall, if practicable, give notice
to each affected user of the time when such service will be shut off.
F.
Excavations. Excavation requirements in any easement or public right-of-way
shall be as specified and required by the authority having jurisdiction
over such easement or right-of-way.
G.
Laterals.
(2)
All laterals installed in the public right-of-way shall be a minimum
of six inches in diameter.
(3)
The building sewer shall be inspected by the Building Inspector or
his designee upon completion of placement of the pipe and before backfilling,
and tested before and after backfilling. The Building Inspector or
his designee may order any lateral exposed and removed if such lateral
is covered before inspection.
H.
Private sewer lines. Any private sewer lines serving more than one
building or any private laterals over 300 feet within the public road
right-of-way shall be designed to meet the requirements for public
sewerage systems in Ch. NR 110, Wis. Adm. Code.
I.
Sewer connections to the mains. No persons except those having special
permission from the Village or persons in its service and approved
by the Village will be permitted under any circumstances to connect
to the public sanitary sewers. The kind and size of the connection
to the public sanitary sewers shall be that specified in the permit
or order from the Village. A minimum of 48 hours' notice shall
be given to the Village prior to connecting to any main.[6]
J.
Extensions. The Village shall extend sewer mains to a new person(s)
in accordance with the following charges and the following conditions:
(1)
When an extension of a sewer main is required by the prospective
user, said person shall make an application on such a form as is prescribed
for that purpose for such an extension in writing to the Village Board
or designated official. The Village Board or designated official shall
determine the length, diameter and location of the extension, taking
into consideration the prospective demands for service, the capacity
of downstream facilities, and the orderly development of the particular
area. No extension shall be made for a distance less than the distance
to the next manhole. All sewer extensions shall be constructed in
compliance with local and state laws, ordinances, and regulations.
(2)
When a sewer main is extended in response to a request by a prospective
user, the Village may finance the cost to extend the main and place
a special assessment for the cost of the extension on the property
of the person(s) who made the request and other benefitting properties.
If the Village determines that, in order to serve future development,
the sewer main extension needs to be of a greater diameter than is
necessary to serve the property of the applicant, the Village may
pay for the difference in the cost of the materials necessary to oversize
the main to serve said future development and shall not include such
difference in materials cost in the special assessments. All labor
costs to install the sewer main extension shall be included in the
special assessment.[7]
(3)
The Village Board may require the developer to enter a developer
agreement between the Village and the developer that shall state the
share of the costs of the sewer main extension that will be paid for
by the developer or prospective user.
(4)
In addition to the charges made as above provided to each lot, each
user shall pay the full cost of the lateral from the main to their
building.
K.
Chloride reduction. As required by the Wisconsin Department of Natural
Resources and in order to reduce chloride in wastewater treated in
the wastewater treatment plant, the following rule is created with
regard to water softener installation:
(1)
Water softeners. All new or replacement water softeners installed
in residential, commercial, industrial and institutional buildings
within the Village limits and in all sanitary districts and utility
districts served by the Village wastewater treatment facility shall
be "demand-based" water softeners. Water softeners functioning only
at predetermined time intervals shall no longer be permitted in the
Village, sanitary districts, and utility districts.
A.
General.
(1)
It shall be the policy of the Sewer Utility to establish sewer service
charges in such amount as to obtain sufficient revenues to pay the
following costs: 1. operation and maintenance including contributions
to a replacement fund; 2. debt service including debt service reserves
and coverage requirements.
(2)
Those aspects of sewerage service charges relating to operation,
maintenance and replacement fund shall be in accord with any relevant
and applicable requirements imposed by the Wisconsin Department of
Natural Resources or by federal law.
(3)
The utility may establish sewer service charges including sewer user
charges, monthly fixed charges, septage charges, ready to serve charges,
charges to extraterritorial users and other charges as deemed necessary
by the Village Board so as to assure that each user of the sewerage
system pays its proportionate share of the cost of such facilities.
(4)
A review of the user charge system shall be conducted on an annual
basis. This review shall include an analysis of the total costs of
the system and of wastewater contribution of users and user classes.
(5)
The charges established hereunder may be developed using a utility
rate-making method, which would include recovery of operation and
maintenance costs plus depreciation and a return on investment.
B.
Budget to be prepared. On an annual basis, the Village Administrator
shall prepare a Sewer Utility Budget. The budgeted revenues shall
be sufficient to cover projected operation, maintenance and debt service
costs of the sewerage utility.
C.
User charge.
(1)
A user charge is hereby imposed upon all users of the sewer system. The user charge will recover the component of total operation, maintenance and capital costs of the sewerage system, which relates to sewage flow attributable to users of the system. The user charge shall be based upon the cost of treating flow, BOD, suspended solids and phosphorus at the strength of domestic wastewater. The User charge shall consist of a volumetric charge in terms of dollars per unit of metered water usage. The basis for billing user charges shall be metered water usage. For users assigned a residential equivalent connection (REC), as defined in § 398-7K; the REC shall be the basis for the user charge.
(2)
If any user of the sewer system is allowed by the Village to procure any part or all of his water from sources other than the Water Utility, the user shall furnish, install and maintain at his or her expense water meters of a type approved by the Water Utility for the purpose of determining the volume of sewage discharged to the sewer system. At the discretion of the Village, a user procuring water from other sources than the Water Utility may be assigned a residential equivalent connection (REC) to be used as a basis for the user charge as determined from § 398-7K. If in the opinion of the Village Engineer the information in § 398-7K does not accurately reflect the user's wastewater discharge to the sewerage system, then the Village Engineer may assign a REC to the user. The user charge for non-metered users shall be based upon an estimated usage equivalent to the number of assigned RECs multiplied by the average annual residential sewer usage.
(3)
The residential water consumption for sprinkling as determined by
the Water Utility and any water credit meters for any refrigeration,
air conditioning system or industrial cooling water not entering the
sewer system shall not be used in computing the user charge.
D.
Monthly fixed charge. A monthly fixed charge is hereby imposed upon
each user connected to the sewerage system. The monthly fixed charge
shall recover costs related to wastewater treatment flow not directly
attributable to users (infiltration/inflow) and customer costs (including
accounting and billing). The monthly fixed charge shall be levied
to each lateral connection to the sewerage system and will consist
of a flat fee per connection.
E.
Surcharges for certain industrial users. A surcharge shall be levied
on all users of the system who discharge wastes that have concentrations
of BOD, suspended solids or phosphorus greater than domestic wastewater.
The surcharge shall apply to any additional loadings over and above
that which would be generated on wastes at a strength equal to domestic
wastewater. The volume of flow used for computing waste surcharges
shall be the metered water consumption or the actual volume of waste
as determined by a sampling and metering manhole or a discharge monitoring
station. The amount of surcharge shall reflect the cost incurred by
the Village in removing BOD, suspended solids and phosphorus.
F.
Standby charge. A standby charge shall be imposed on each property to which the Village has made sewer service available and a connection to the system for service has not been made within 365 days from the date of notice by the Village that the sewer service is available. The standby charge shall be equal to 100% of the sewer use charge as defined in § 398-7C. In the event the applicable house, building or property is not connected to metered water, the sewer use charge shall be calculated based upon an estimate of water used by the facility as determined by the Village approving authority or its designee, which estimate shall be stated in the notice to the property owner.
G.
Hauled waste charge.
(1)
Charges shall be imposed for hauled waste treatment and disposal.
Charges for hauled waste discharges shall be based on flow, BOD, TSS,
phosphorus and such other constituents that affect the cost of treatment
and disposal. The volume of flow used for computing the hauled waste
charge will be the volume of hauled waste discharged. All persons
discharging hauled waste that has concentrations greater than domestic
wastewater shall be subject to a surcharge. The amount of surcharge
shall reflect the cost incurred by the Village for removing BOD, TSS,
phosphorus and other pertinent constituents.
(2)
The following waste strength parameters shall serve as the basis
for computing the surcharge to be applied, unless the hauled waste
discharge is sampled and analyzed:
|
Septic Tank
|
Decant
|
Holding Tank
| |
|---|---|---|---|
|
BOD
|
>1,000 mg/l
|
500 to 1,000 mg/l
|
<500 mg/l
|
|
TSS
|
>1,000 mg/l
|
250 to 1,000 mg/l
|
<250 mg/l
|
|
Phosphorus
|
>100 mg/l
|
20 to 100 mg/l
|
<20 mg/l
|
(3)
Any hauled waste with a waste strength greater than 1,000 mg/l of
BOD, 1,000 mg/l of TSS or 100 mg/l of Phosphorus shall be considered
septic tank waste for the purposes of imposing the charge on hauled
waste.
(4)
All costs associated with administering the discharge of hauled waste
to the WTP, sample collection, laboratory analysis and billing will
be paid by the waste hauler.
H.
Special rates. It is understood that the Village Board may at any
time hereafter set special rates for any large commercial service,
industrial use, extraterritorial areas, contract users or any other
unique user that does not readily fit into other categories of users.
I.
Extraterritorial services.
(1)
Municipal sanitary sewer service may be provided to extraterritorial
locations on request. Such service may require municipal ownership
of the interceptor and collection system, excluding laterals, and
shall require compliance with Village policy pertaining to annexation.
(2)
Except where negotiated and approved by the Village Board, the Village
shall not be held financially responsible for planning, design or
construction costs of the extraterritorial sewer system.
(3)
Extraterritorial sewer recipients shall pay sewer user charges as
established by the Village.
J.
Accounts and funds.
(1)
Income and revenues derived by the Sewer Utility shall placed in
an account which is separate and distinct from the Village General
Fund.
(2)
A replacement reserve fund shall be maintained with the purpose of
providing for the replacement of mechanical equipment in order to
maintain the capacity and performance for which the sewer system facilities
were designed. Other segregated funds (e.g. debt reserve fund) may
be established and maintained as necessary.
(3)
The debt service fund shall contain all revenue transferred from
special assessment, tax incremental finance funds, property taxes,
residential equivalency charges and other sources intended for debt.
This fund shall be used only for the payment of principal and interest
and fees directly related to debt payments.
K.
Sanitary sewerage facilities impact fee.
[Amended 10-21-2019 by Ord. No. 10-07-2019]
(1)
Authority. This subsection is authorized under § 66.0617,
Wis. Stats. The provisions of this subsection shall not be construed
to limit the power of the Village to adopt such ordinance pursuant
to any other source of local authority, nor to use any other methods
or power otherwise available for accomplishing the purposes set forth
herein, either in substitution of or in conjunction with this subsection.
(2)
Purpose. The purpose of this subsection is to promote the public health, safety, and general welfare of the community and to facilitate the adequate provision for sanitary sewerage facilities by imposing impact fees upon those wishing to connect to the Village's sewer system or those mandated to connect in accordance with § 398-6B to pay for the capital costs that are necessary to accommodate land development.
(3)
CAPITAL COSTS
DEVELOPER
IMPACT FEES
LAND DEVELOPMENT
RESIDENTIAL EQUIVALENT CONNECTION (REC)
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The capital costs to construct, expand, upgrade or improve
public facilities, including the cost of land, and including legal,
engineering and design and permit costs to construct, expand, upgrade
or improve public facilities, except that not more than 10% of capital
costs may consist of legal, engineering and design costs unless the
Village can demonstrate that its legal, engineering and design costs
which relate directly to the public improvement for which the impact
fees were imposed exceed 10% of capital costs. Capital costs do not
include other noncapital costs to construct, expand, upgrade or improve
public facilities, the costs of equipment to construct, expand, upgrade
or improve public facilities or the costs for vehicles.
A person that constructs or creates a land development.
Cash fees imposed upon a developer under this subsection.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the Village of Slinger Sanitary Sewer Service Area or that results
in nonresidential uses that create a need for new, expanded, or improved
public facilities within the Village of Slinger Sanitary Sewer Service
Area.
A unit of measure for sewer-related impact fees equivalent
to the average amount of sewer capacity needed to supply one single-family
residential dwelling unit. For the purpose of the sanitary sewerage
facilities impact fees established under this subsection, one REC
shall be equal to 68,167 gallons annually.
(5)
Sanitary sewerage facilities impact fee.
(a)
Any developer creating or constructing development within the Village shall pay a fee to the Village to provide for the capital costs of sanitary sewerage facilities that are necessary to accommodate land development, or the property owner shall pay such fee, except as provided in Subsection K(6) below.
(b)
The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to Subsection K(8)(b) below, shall be as follows:
[1]
The sanitary sewerage facilities impact fee shall be $2,652 per REC, subject to adjustment as described in Subsection K(8)(b) below.
[2]
For all residential users of the sanitary sewer system, the
following table shall be used to determine the number of residential
equivalent connections (REC) per dwelling unit or building.
|
Residential Users
|
REC
|
|---|---|
|
Condominium
|
1.00
|
|
Single-family home
|
1.00
|
|
Duplex
|
2.00
|
|
Multiple-family (2 bedrooms or more)
|
1.00/unit
|
|
Multiple-family (1 bedroom or less)
|
0.75/unit
|
[3]
For all nonresidential users of the sewer system, anticipated
sewer consumption shall be estimated from the following table for
purposes of computing sewer impact fees unless the Village Engineer/Public
Works Director determines that the information in the table does not
accurately reflect the user's anticipated sewer consumption,
in which case the Village Engineer/Public Works Director will estimate
sewer consumption. The RECs will be determined by dividing the estimated
sewer consumption by the sewer consumption for 1 REC. Upon completion
of the REC computations, all RECs will be rounded up to the nearest
0.5 REC.
|
Standard Industrial Classification Code
|
Description
|
Gallons per Employee Hour
|
|---|---|---|
|
0742
|
Veterinary services for animal specialties
|
20.0
|
|
0752
|
Animal specialty services
|
16.0
|
|
0782
|
Lawn and garden services
|
10.0
|
|
1446
|
Industrial sand
|
5.0
|
|
1521
|
General contractors- Residential
|
2.3
|
|
1541
|
General contractors- Industrial buildings and warehouses
|
2.3
|
|
1611
|
General contractors- Public works
|
2.3
|
|
1711
|
Plumbing, heating and air conditioning
|
2.3
|
|
1731
|
Electrical work
|
2.3
|
|
1761
|
Roofing and sheet metal work
|
2.3
|
|
1799
|
Special trade contractors (not elsewhere classified)
|
2.3
|
|
2013
|
Sausage and other prepared meats
|
110.0
|
|
2065
|
Candy and other confectionery products
|
50.0
|
|
2087
|
Flavoring extracts and syrups (not elsewhere classified)
|
75.0
|
|
2394
|
Canvas and related products
|
2.3
|
|
2431
|
Millwork
|
5.0
|
|
2434
|
Wood kitchen cabinets
|
5.0
|
|
2522
|
Metal office furniture
|
2.3
|
|
2721
|
Periodicals: Publishing and printing
|
10.0
|
|
2731
|
Books: Publishing and printing
|
10.0
|
|
2751
|
Commercial printing, letterpress and screen
|
10.0
|
|
2752
|
Commercial printing, lithographic
|
10.0
|
|
2789
|
Book binding and related work
|
10.0
|
|
2795
|
Lithographic platemaking and related services
|
25.0
|
|
2819
|
Industrial inorganic chemicals (not elsewhere classified)
|
10.0
|
|
2834
|
Pharmaceutical preparation
|
10.0
|
|
2841
|
Soap and other detergents
|
15.0
|
|
2893
|
Manufacturing of printing ink
|
30.0
|
|
2899
|
Chemicals and chemical preparations (not elsewhere classified)
|
10.0
|
|
3079
|
Miscellaneous plastic products
|
85.0
|
|
3111
|
Leather tanning and finishing
|
345.0
|
|
3272
|
Concrete products, except block and brick
|
25.0
|
|
3442
|
Metal doors, sash, frames, molding and trim
|
2.3
|
|
3444
|
Sheet metal work
|
40.0
|
|
3451
|
Screw machine products
|
10.0
|
|
3462
|
Iron and steel forging
|
5.0
|
|
3469
|
Metal stampings (not elsewhere classified)
|
5.0
|
|
3471
|
Electroplating, plating, polishing, anodizing, etc.
|
50.0
|
|
3479
|
Coating, engraving and allied services (not elsewhere classified)
|
100.0
|
|
3495
|
Wire springs
|
2.3
|
|
3498
|
Fabricated pipe and fittings
|
2.3
|
|
3499
|
Fabricated metal products (not elsewhere classified)
|
25.0
|
|
3531
|
Construction machinery and equipment
|
5.0
|
|
3544
|
Spec. dies and tools, die sets, jigs and fixtures, molds
|
10.0
|
|
3562
|
Ball and roller bearings
|
5.0
|
|
3565
|
Industrial patterns
|
5.0
|
|
3569
|
General industrial machinery and equipment (not elsewhere classified)
|
4.0
|
|
3576
|
Scales and balances, except laboratory
|
2.3
|
|
3599
|
Machinery, except electrical (not elsewhere classified)
|
10.0
|
|
3613
|
Switchgear and switchboard apparatus
|
5.0
|
|
3632
|
Household refrigerators and home and farm freezers
|
2.3
|
|
3694
|
Electrical equipment for internal combustion engines
|
2.3
|
|
3714
|
Motor vehicle parts and accessories
|
75.0
|
|
3999
|
Manufacturing industries (not elsewhere classified)
|
2.3
|
|
4141
|
Local passenger transportation charter service
|
2.3
|
|
4151
|
School buses
|
2.3
|
|
4212
|
Local trucking without storage
|
10.0
|
|
4213
|
Trucking, except local
|
2.3
|
|
4225
|
General warehousing and storage
|
2.3
|
|
4311
|
U.S. Postal Service
|
2.3
|
|
4722
|
Travel agency
|
2.3
|
|
4811
|
Telephone communication
|
2.3
|
|
4832
|
Radio broadcasting
|
2.3
|
|
5042
|
Toys and hobby goods and supplies
|
2.3
|
|
5063
|
Electrical apparatus and equipment
|
2.3
|
|
5054
|
Electrical appliances
|
2.3
|
|
5072
|
Hardware -Wholesale distribution
|
2.3
|
|
5082
|
Construction and mining machinery and equipment
|
2.3
|
|
5084
|
Industrial machinery and equipment
|
2.3
|
|
5142
|
Frozen foods
|
10.0
|
|
5149
|
Wholesale groceries and related products (not elsewhere classified)
|
10.0
|
|
5199
|
Wholesale nondurable goods (not elsewhere classified)
|
10.0
|
|
5211
|
Lumber and other building materials
|
2.3
|
|
5231
|
Paint, glass, wallpaper
|
2.3
|
|
5251
|
Hardware- Retail sales
|
2.3
|
|
5261
|
Retail nurseries, lawn and garden supply stores
|
10.0
|
|
5271
|
Mobile home dealers
|
2.3
|
|
5311
|
Department stores
|
2.3
|
|
5331
|
Variety stores
|
2.3
|
|
5411
|
Grocery stores with meat and produce departments
|
16.0
|
|
5412
|
Grocery stores without meat and produce departments
|
6.0
|
|
5441
|
Candy, nut and confectionery stores
|
10.0
|
|
5462
|
Retail bakeries- Baking and selling
|
10.0
|
|
5499
|
Miscellaneous food stores
|
2.3
|
|
5511
|
Motor vehicle dealers
|
5.0
|
|
5531
|
Auto and home supply stores
|
2.3
|
|
5541
|
Gasoline service stations
|
15.0
|
|
5551
|
Boat dealers
|
5.0
|
|
5611
|
Clothing stores
|
2.3
|
|
5651
|
Shoes stores
|
2.3
|
|
5681
|
Furriers and fur shops
|
5.0
|
|
5711
|
Furniture, floor coverings, appliances
|
2.3
|
|
5812
|
Eating places (restaurants)
|
20.0
|
|
5813
|
Drinking places (taverns)
|
45.0
|
|
5912
|
Drugstores and proprietary stores
|
2.3
|
|
5921
|
Liquor stores
|
2.3
|
|
5931
|
Used merchandise stores
|
2.3
|
|
5941
|
Sporting goods stores and bicycle shops
|
2.3
|
|
5942-9
|
Miscellaneous stores
|
2.3
|
|
5992
|
Florists
|
10.0
|
|
5999
|
All other retail stores
|
2.3
|
|
6022-9
|
Banks
|
2.3
|
|
6122-63
|
Savings and loans
|
2.3
|
|
6311
|
Insurance companies
|
2.3
|
|
6411
|
Insurance agents
|
2.3
|
|
6512
|
Operators of nonresidential buildings
|
2.3
|
|
6515
|
Operators of residential mobile home sites
|
2.3
|
|
6531
|
Real estate agents and managers
|
2.3
|
|
6553
|
Cemetery subdividers and developers
|
2.3
|
|
6722
|
Management investment offices
|
2.3
|
|
7011
|
Hotels, motels, tourist courts
|
0.5 REC/Unit
|
|
7211
|
Power laundries, family and commercial
|
105.0
|
|
7212
|
Cleaning and laundry pickup stations
|
2.3
|
|
7215
|
Fac. coin-op laundries and dry cleaning
|
910.0
|
|
7221
|
Photographic studios
|
2.3
|
|
7231
|
Beauty shops
|
16.0
|
|
7241
|
Barber shops
|
10.0
|
|
7261
|
Funeral service and crematories
|
15.0
|
|
7299
|
Miscellaneous services (not elsewhere classified)
|
2.3
|
|
7311
|
Advertising agencies, employment services
|
2.3
|
|
7332
|
Blueprinting and photocopying services
|
2.3
|
|
7351
|
Employment agencies
|
2.3
|
|
7391
|
Research and development laboratories
|
10.0
|
|
7395
|
Photofinishing labs
|
10.0
|
|
7512
|
Passenger car rental and leasing, without drivers
|
10.0
|
|
7531
|
Top and body repair shop
|
5.0
|
|
7534
|
Tire re-treading and repair shops
|
20.0
|
|
7538
|
General automotive repair shops
|
5.0
|
|
7542
|
Car washes
|
115.0
|
|
7622
|
Radio and television repair
|
2.3
|
|
7699
|
Repair shops and related services (not elsewhere classified)
|
20.0
|
|
7832
|
Motion-picture theaters, not drive-ins
|
20.0
|
|
7911
|
Dance halls, studios and schools
|
20.0
|
|
7922
|
Theatrical producers
|
20.0
|
|
7933
|
Bowling alleys
|
50.0
|
|
7992
|
Public golf courses
|
45.0
|
|
7997
|
Membership sports and recreation clubs
|
75.0
|
|
7999
|
Roller rinks, gymnasiums, museums
|
20.0
|
|
8011
|
Offices of physicians
|
10.0
|
|
8021
|
Offices of dentists
|
10.0
|
|
8031
|
Offices of osteopaths
|
10.0
|
|
8041
|
Offices of chiropractors
|
10.0
|
|
8051
|
Skilled nursing care facilities
|
20.0
|
|
8091
|
Health and allied services (not elsewhere classified)
|
10.0
|
|
8111
|
Attorneys
|
2.3
|
|
8211
|
Elementary and secondary schools
|
20.0
|
|
8221
|
Colleges, universities and professional schools
|
25.0
|
|
8231
|
Libraries and information centers
|
20.0
|
|
8249
|
Vocational schools (not elsewhere classified)
|
20.0
|
|
8421
|
Arboreta, botanical and zoological gardens
|
45.0
|
|
8621
|
Professional membership organizations
|
2.3
|
|
8641
|
Civic, social and fraternal associations
|
15.0
|
|
8661
|
Religious organizations (hours occupied only)
|
20.0
|
|
8699
|
Membership organizations (not elsewhere classified)
|
2.3
|
|
8911
|
Engineering, architectural and surveying services
|
2.3
|
|
8931
|
Accountants
|
2.3
|
|
9199
|
General government (not elsewhere classified)
|
2.3
|
|
9221
|
Police protection
|
2.3
|
|
9224
|
Fire protection
|
2.3
|
|
9451
|
Administration of veteran's affairs
|
2.3
|
|
9999
|
All offices (not elsewhere classified)
|
2.3
|
SIC Code Source: Office of Management and Budget, Executive
Office of the President
[4]
Since the impact fee determined under Subsection K(5)(b)[1] or [3] above is based upon the estimated intended usage, the Village shall have the right to recalculate the charge based upon actual usage for a twelve-month period. At any time between the first and third anniversary dates of establishment of the nonresidential sewer service account, the Village may review the account history to determine the highest actual recorded usage in a twelve-month period.
[5]
Based upon the information obtained under Subsection K(5)(b)[4], the Village may recalculate the impact fee. If the recalculated charge exceeds that of the amount paid for the original charge, the additional amount shall become due and payable at the time the adjustment is made.
[6]
Such fees collected by the Village shall be placed in a special
fund which shall be separate from the general fund of the Village,
and the special fund and all interest earned thereon shall be used
exclusively for the particular capital costs for which the fee was
imposed.
[7]
Such fees shall be expended by the Village for the aforesaid
purpose within the time limits set forth in § 66.0617(9),
Wis. Stats., or such fee amount paid along with any interest that
has accumulated shall be refunded by the Village to the current owner(s)
of the property with respect to which such fee was imposed.
(6)
Fee reduction. Any impact fee imposed under this subsection shall
be reduced to compensate for capital costs otherwise imposed by the
Village upon the land development subject to this subsection for the
same public facilities for which an impact fee has been imposed under
this subsection, including by way of special assessments, special
charges, land dedications, or any ordinance adopted thereunder or
any other items of value. Impact fees imposed under this subsection
shall also be reduced to compensate for moneys received from the federal
or state government specifically to provide or pay for the public
facilities for which the impact fees under this subsection are imposed.
(7)
Exemption from fees. The lawful new construction of a single-family
dwelling structure upon a nondivisible parcel of land supporting or
having supported a habitable single-family dwelling structure razed
or to be razed within one year of the date of the issuance of a building
permit for the new construction as part of the new construction project
shall be exempt from the fees imposed under this chapter. Any new
construction of a single-family dwelling structure upon a single parcel
of land, which project is similar to but not exactly as described
above to be exempt, may be found to be exempt upon application to
the Village Board and a finding by the Village Board that such project
does not bear a rational relationship to the need for new, expanded,
or improved public facilities required to serve such development.
The Village Board may exempt or reduce impact fees for low-income
housing provided that no amount of an impact fee for which an exemption
or reduction is provided is shifted to any other development in the
land development in which the low-cost housing is located or to any
other land development in the municipality. Such application shall
be made to the Village Board prior to the payment of any fees under
this subsection.
(8)
Administration and review.
(a)
All fees collected and special accounts maintained under this
subsection shall be subject to administration by the Village Treasurer.
The Treasurer shall report annually to the Village Board with regard
to all deposits, withdrawals, and fund balances in these accounts.
The purpose of the annual report is to provide the Village Board with
information necessary to determine that all funds collected are spent
within the time required for the purpose intended and that the amount
of fees imposed continues to represent an equitable and reasonable
apportionment of the cost of public improvements and requirements
generated by land development. The revenue and expenditure totals
for each impact fee must also be included in the Village's annual
budget, and a summary of the revenue and expenditure totals for each
impact fee must also be made available in the Village's annual
budget summary required under § 65.90(3)(a), Wis. Stats.
(b)
As part of the annual budget process, the Village Board shall review and consider for adoption the proposed impact fee amounts set forth in the above Subsection K(5)(b)[1]. At such time that the impact fee is adjusted to the maximum amount calculated in the Public Facilities Needs Assessment ($2,652 per REC), the impact fees shall be increased annually at a rate equal to the percentage change in the Engineering News Record Construction Cost Index for the previous 12 months, with the adjustment effective January 1 of each year. The Village Treasurer or designee shall calculate the adjusted fees and maintain a copy of the calculation and the adjusted impact fees in the office of the Village Clerk.
(9)
Appeal. Any developer upon whom an impact fee is imposed under this
subsection shall have the right to contest the amount, collection
or use of the impact fee to the Village Board, provided that the developer
files a written notice of appeal in the Village Clerk's office
within 90 days of when the fee is due and payable. Such notice of
appeal shall be entitled "Notice of Appeal of Impact Fee" and shall
state the developer's name, address, telephone number, address
(if available) and legal description of the land development upon
which the impact fee is imposed, and a statement of the nature of
and reasons for the appeal. The Village Clerk shall schedule the appeal
for consideration by the Village Board at a regular meeting as soon
as reasonably practicable under the circumstances and shall notify
the developer of the time, date and place of such meeting, in writing,
by regular mail, deposited in the mail no later than at least three
days before the date of such meeting. Upon review of such appeal,
the Village Board may adjust the amount, collection, or use of the
impact fee upon just and reasonable cause shown.
A.
Terms of payment. Sewer service charges shall be for the corresponding
period of the water bills and shall be payable to the Village. Statements
for such charges and assessments levied and assessed in accordance
with this chapter shall become due and payable within 20 days after
date of issuance. A penalty of 1% per month shall be added to all
bills not paid by the date fixed for final payment.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
B.
Billing. The property owner is held responsible for all sewer bills
on premises that he or she owns. All sewer bills and notices of any
nature relative to the sewer service will be addressed to the owner
and/or occupant and delivered to the addressee by first class mail.
C.
Failure to receive bill, no penalty exemption. Every reasonable care
will be exercised in the proper delivery of sewer bills. Failure to
receive a sewer bill, however, shall not relieve any person of the
responsibility for payment of sewer charges within the prescribed
period nor exempt any person from any penalty imposed for delinquency
in the payment thereof.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
D.
Delinquent accounts.
(1)
Authority. The Village Board of the Village of Slinger adopts § 66.0821(4)(d),
Wis. Stats., by reference.
(2)
Procedure. On October 15 in each year, notice shall be given by the
Village Treasurer to the owner or occupant of all lots or parcels
of real estate to which utility service has been furnished prior to
October 1 and payment for which is owing and in arrears at the time
of giving such notice. Such notice shall be in writing and shall state
the amount of such arrears, including any penalty assessed pursuant
to the rules of the Sewer Utility; that unless the delinquent account
is paid by November 1 thereafter, a penalty of 10% of the amount of
such arrears will be added thereto; and that unless such arrears,
with any such added penalty, shall be paid by November 15 thereafter,
the same will be placed as a special charge against the lot or parcel
of real estate to which utility service was furnished and for which
payment is delinquent. Such notice may be served by delivery to either
such owner or occupant personally or by letter addressed to such owner
or occupant at the post office addresses of such lot or parcel of
real estate. On November 16, the Village Treasurer shall certify and
file with the Clerk a list of all lots or parcels of real estate,
giving the legal descriptions thereof, to the owners or occupants
of which notice of arrears in payment where given as above specified
and which arrears still remain unpaid, and stating the amount of such
arrears together with the added penalty thereon as herein provided.[1]
(3)
Lien for delinquent charges. Each delinquent amount for sewer service,
including penalty, shall thereupon become a lien upon the lot or parcel
of real estate to which the utility service was furnished and payment
for which is delinquent, and the Village Clerk shall insert the same
as a special charge against such lot or parcel of real estate. All
proceedings in relation to the collection of general property taxes
and to the return and sale of property for delinquent taxes shall
apply to said delinquent special charge if the same is not paid within
the time required by law for payment of taxes upon real estate.[2]
(4)
Sewer service to rental dwelling units. This section applies only
if all of the following conditions are met:
(a)
Sewer Utility service is provided to a rental dwelling unit.
(b)
The owner of the rental dwelling unit notifies the Utility in
writing of the name and address of the owner.
(c)
If requested by the Utility, the owner of the rental dwelling
unit provides the Utility with a copy of the rental or lease agreement
in which the tenant assumes responsibility for the payment of the
utility charges.
(5)
Compliance. The Sewer Utility shall comply with at least one of the
following methods of notification:
(a)
The Sewer Utility shall send bills for sewer service to a customer
who is a tenant in the tenant's own name. Upon notification to
a customer who is a tenant that charges for sewer service provided
by the Utility to the customer are past due for more than one billing
cycle, the Utility shall also serve a copy of the notice on the owner
of the rental dwelling unit in the manner provided in § 801.14(2),
Wis. Stats. If a customer who is a tenant vacates the rental dwelling
unit and the owner of the rental dwelling unit provides the public
utility, no later than 21 days after the date on which the tenant
vacates the rental dwelling unit, with a written notice containing
a forwarding address for the tenant and the date that the tenant vacated
the rental dwelling unit, the Utility shall continue to send past
due notices to the customer at his or her forwarding address until
the past due charges are paid or until notice has been provided the
owner of the rental dwelling unit in the manner set forth below.
(b)
The Sewer Utility shall serve notice of the past due charges
on the owner of the rental dwelling unit within 14 days of the date
on which the tenant's charges become past due. The public utility
shall serve notice on the owner of the rental dwelling unit in the
manner provided in § 801.14(2), Wis. Stats.
A.
Storm and surface water. No person shall discharge or cause to be
discharged stormwater, ground water, roof runoff, subsurface drainage,
stormwater retention or detention settlings, cooling water or hauled
waste to any sanitary sewer. Ground water may be accepted, with special
approval only, from engineered remediation projects if it is determined
that the collection or treatment system will not be adversely affected.[1]
B.
Prohibited pollutants. No person shall discharge or cause to be discharged
to the collection system, either directly or indirectly, pollutants
prohibited by § NR 211.10, Wis. Adm. Code, or any of the
following described wastes or wastewater:
(1)
Any wastewater having a temperature which will inhibit biological
activity in the WWTP resulting in interference; but in no case wastewater
with a temperature at the introduction into the WWTP which exceeds
104° F. (40° C.).
(2)
Any wax, grease or oil, plastic or any other substance that will
solidify or become discernibly viscous at temperatures between 32°
to 150° F. (0° to 65° C.).
(3)
Any pollutants which result in the presence of toxic gases, vapors
or fumes within the WWTP or sewerage system in a quantity that may
cause acute worker health and safety problems.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewer system, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and flesh, entrails, paper plates, cups, milk containers,
etc., either whole or ground by garbage grinders.
(5)
Any garbage that has not been properly comminuted or shredded to
such a degree that all particles will be carried freely in suspension
in the municipal sewers (100% passing one-half-inch screen, 90% passing
one-quarter-inch screen).
(6)
Any noxious or malodorous substance, which either singly or by interaction
with other substances is capable of causing odors objectionable to
persons of ordinary sensitivity.
(7)
Any wastes or wastewater having a pH lower than 5.0 or higher than
9.0 or having any corrosive property capable of causing damage or
hazards to the sewerage system.
(8)
Any wastes or wastewater of such character and quantity that unusual
attention or expense is required to handle them in the sewer system.
(9)
Any wastewater or wastes containing a toxic or poisonous substance,
such as plating or heat treating wastes, in sufficient quantity to
injure or interfere with wastewater treatment process, to constitute
a hazard to humans or animals, to create any hazard in the sewerage
system.
(10)
Specific limits.
(a)
Wastes containing metals in quantities that would cause the
Village to violate the conditions of its WPDES permit. Specific limits
for the concentration of metals discharged in wastewater from industries
shall not exceed the following:
|
Cadmium
|
0.07 mg/L
| |
|
Chromium
|
1.71 mg/L
| |
|
Copper
|
2.07 mg/L
| |
|
Cyanide
|
0.65 mg/L
| |
|
Lead
|
0.43 mg/L
| |
|
Nickel
|
2.38 mg/L
| |
|
Zinc
|
1.48 mg/L
|
(b)
The limits are consistent with the categorical standards for
metal finishing.
(11)
Any radioactive wastes greater than allowable releases as specified
by the current United States Bureau of Standards Handbooks dealing
with the handling and release of radioactivity.
(12)
Free or emulsified oil and grease exceeding on analysis an average
of 100 mg/l of either free or emulsified oil and grease or combinations
of both.
(13)
Any cyanide or cyanogen compounds capable of liberating hydrocyanic
gas or acidification in excess of 1/2 (0.5) mg/l by weight as cyanide
in the wastes.
(14)
Any fluid discharged during the maintenance or repair of vehicles,
other engine-driven equipment, or any mechanically driven equipment.
This includes, but is not limited to, antifreeze, gasoline, oil, and
greases.
(15)
Wastes or wastewater which:
(a)
Cause unusual concentrations of solids or composition as, for
example, in total suspended solids of inert nature, such as Fuller's
earth and/or in total dissolved solids, such as sodium chloride or
sodium sulfate.
(b)
Has a total COD, suspended solids, chlorides, or phosphorus loading in excess of the wastewater discharge permit described in § 398-13.
[Amended 11-4-2019 by Ord. No. 10-06-2019]
(c)
Is discharged without application for a wastewater discharge permit or contractual agreement as required under § 398-13.
(d)
Cause damage to the collection system or impair the treatment
process.
(16)
Any pollutants which create a fire or explosion hazard in the
WWTP or sewerage system, including, but not limited to, waste streams
with a closed-cup flashpoint of less than 140° F. or 60° C.
using the test methods specified in § NR 661.21, Wis. Adm.
Code.
(17)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass
through.
(18)
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction are capable of creating a public nuisance
or hazard to life or are sufficient to prevent entry into the sewers
for their maintenance and repair.
(19)
Any substance, which may cause the Village effluent or treatment
residues, sludges, or scums, to be unsuitable for reclamation and
reuse or to interfere with the reclamation process.
(20)
Any substance with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(21)
Any wastewater, which causes a hazard to human life or creates
a public nuisance.
C.
Slugs. No person shall allow the discharge of slugs of water or wastes
to the collection system, which may be harmful to the operation of
the sewerage system. Where in the opinion of the Utilities Superintendent
slugging does occur, each person producing such a discharge into the
collection system shall construct and maintain at his or her own expense
a storage reservoir of sufficient capacity with flow control equipment
to insure an equalized discharge over a twenty-four-hour period.
D.
Wastes causing violation of WPDES permit. No person shall discharge
any waste or wastewater, which would cause the wastewater treatment
plant to be in violation of any of the requirements of the WPDES permit.
E.
Wastewater exceeding available capacity. No person shall connect
to and discharge to the collection system, unless there is capacity
available in all downstream components of the sewerage system as determined
by the Village Engineer.
F.
Limitations on wastewater strength.
(1)
National categorical pretreatment standards as promulgated by the
U.S. Environmental Protection Agency shall be met by all dischargers
of the regulated industrial categories.
(2)
State requirements and limitations on discharges to the wastewater
treatment plant shall be met by all dischargers which are subject
to such standards in any instance in which they are more stringent
than federal requirements and limitations or those in this or any
other applicable ordinance.
(3)
The Authority reserves the right to amend this chapter to provide
for more stringent limitations or requirements on discharges to the
wastewater treatment plant where deemed necessary to comply with the
objectives set forth in this chapter.
(4)
No discharger shall increase the use of potable or process water
in any way, nor mix separate waste streams for the purpose of diluting
a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the standards set forth in this chapter.
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Village for review, and shall be approved by the Village before constructing of the facility. Any person who accidentally discharges wastes or wastewater prohibited under § 398-9 to the sanitary sewer shall immediately report such discharge to the Utilities Superintendent. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions taken. Any discharger who discharges prohibited materials shall be liable for any expense, loss or damage to the Village wastewater facilities, in addition to the amount of any fines imposed on the Authority on account thereof under state or federal law. Signs shall be permanently posted in conspicuous places on discharger's premises, advising employees whom to call in the event of a slug or accidental discharge. The Village Engineer shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
Sand and grease traps shall be required at restaurants, 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. Individual exemptions from this requirement may
be granted upon review by the Utilities Superintendent to "Category
1" restaurants as defined by the Washington County Health Department
under their restaurant licensing program. All sand and grease traps
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. The Village reserves the right to inspect
all sand and grease traps to ensure proper maintenance and effective
operation. All sand and grease traps shall be maintained by the owner
at his or her expense in continuous, efficient operation at all times.
Maintenance reports shall be submitted to the Utilities Superintendent
annually, by January 31, detailing all maintenance performed during
the previous year. In the maintaining of these interceptors, the discharger
shall be responsible for the proper removal and disposal by appropriate
means of the captured material and shall maintain records of the dates
and means of disposal which are subject to review by the Village.
A.
Waste haulers. All waste haulers shall be licensed disposers in accordance
with § 281.48, Wis. Stats.
B.
Hauled waste discharge permit. All waste haulers wishing to discharge
to the Village wastewater treatment plant shall possess a waste haulers
discharge permit prior to disposing of any wastes at the WWTP. Every
licensed disposer wishing to discharge hauled waste shall file a nonrefundable
filing fee and an application in writing to the Village Engineer in
such a form as is prescribed for that purpose. Forms for such application
will be furnished by the Village Engineer. The Village Engineer will
evaluate the applications and make a determination as to the amount
and conditions of hauled waste disposal at the WWTP. Every sewage
disposer shall file a certificate of insurance with the Village prior
to the Village issuing a discharge permit. The insurable amount shall
be equal to $300,000 for general liability, $300,000 for automobile
liability and the statutory limit for workers compensation.
C.
Truck registration. Each truck of a permitted waste hauler discharging
to the WWTP shall be registered with the Village. Registered trucks
will be shown how to properly log in by utility personnel and given
a log-in procedure sheet for future reference. Any truck that does
not follow the procedure will not be allowed to discharge until properly
registered.
D.
Restrictions on disposal. Each hauled waste disposal permit shall
be issued subject to the conditions that if at any time the WWTP has
operational problems, maintenance problems or threat of a WPDES permit
violation that are indirectly or directly related to hauled waste
disposal, the Village may immediately restrict hauled waste disposal
until such time as corrective action or mitigative measures have been
taken. Restriction may include prohibition of disposal of hauled waste.
E.
Approved hauled waste only. The WWTP will accept only hauled waste
from domestic origin and permitted industrial or commercial hauled
waste. Waste haulers must characterize the waste they haul to the
WWTP. Hauled industrial and/or commercial waste will not be accepted,
unless the industry or commercial establishment has received a wastewater
discharge permit as specified in this section or has received permission
from the Village. Any new industrial or commercial hauled waste must
be reported to the Village by the waste hauler.
F.
Designated receiving station. The designated hauled waste receiving
station is located at the WWTP. All hauled waste shall be discharged
at the WWTP, unless approval is obtained from the Village Engineer
and/or Utilities Superintendent for discharge of hauled waste to other
locations in the sewer system.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
G.
Hours of operation. Specific hours of discharge and conditions shall
be set by the Utilities Superintendent. No special exceptions to the
hauled waste station hours of operation will be allowed.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
H.
Documentation. Waste haulers are required to submit records of the
discharge to the hauled waste receiving station to the Department
of Natural Resources. These records shall be made available for inspection
by the Village upon request.
I.
Spills. Waste haulers shall clean up all spills or deposits resulting
from their activity at the WWTP. Additional expenses shall be charged
to the waste hauler for cleanup of any spills, deposits or damage
occurring as the result of the disposer's activity at the WWTP.
J.
Random sampling. At its discretion, the Village shall conduct testing
of random samples of hauled waste. If the hauled waste that is tested
is of a higher waste strength than that which was reported by the
waste hauler, the Village may charge the waste hauler retroactively
for the difference between the previous six month's volume of
waste at the waste strength of the tested sample and the amount that
was actually charged to the waste hauler based on reported waste strengths.
K.
Hauled waste charges. Charges for disposal of hauled waste will be established from time to time by the Village Board and approved by resolution of the Village Board in accordance with § 398-7 of this chapter.
L.
Permit and registration fees. The waste hauler's discharge permit
fee and truck registration fee shall be set from time to time by the
Village Board.
M.
Permit suspension or revocation. Failure to fulfill any of the above
requirements by any waste hauler may result in the suspension or revocation
of their hauled waste discharge permit.
A.
Wastewater discharge permit. A wastewater discharge permit may be
required under this section if a person's discharge into the
Village's sewerage system has any of the following:
(1)
A BOD concentration greater than 200 mg/l.
(2)
A suspended solids concentration greater than 200 mg/l.
(3)
A phosphorus concentration greater than 6.0 mg/l.
(5)
A volume of 25,000 gallons per day or greater discharged by any user
at one or more points of discharge.
(7)
Could cause the wastewater treatment plant to exceed its total design
loading for volume, COD, suspended solids or any other pollutant.
B.
Application procedure. Any such persons planning to discharge, changing
the characteristics of their discharge or whose discharge permit has
expired shall make application to the Village 60 days prior to the
discharge. All persons currently discharging shall make application
to the Village within 50 days after passage of this chapter. A discharge
permit will be required for each separate point of discharge into
the Village's sewer system. No person shall discharge waste or
wastewater into the Village sewer system without a wastewater discharge
permit, if required by this section.
C.
Village acceptance of waste. If any wastewater is discharged, or
proposed to be discharged, to the public sewerage system containing
substances which in the judgment of the Village Board or designated
official may be detrimental to the sewerage system, the Village Board
or designated official may:
(1)
Reject the wastes.
(2)
Require pretreatment as an acceptable condition for discharge to
the sewerage system.
(3)
Require a control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and treating
the waste not covered by existing taxes or sewer charges.
D.
Permit application. Users seeking a wastewater discharge permit shall
complete and file with the Village an application on the form prescribed
by the Village. In support of this application, the user shall submit
the following information:
(1)
Name, address and standard industrial classification number of applicant.
(2)
Average daily volume of wastewater to be discharged.
(3)
Wastewater constituents and characteristics as determined by a method
approved by the Village Engineer.
(4)
Time and duration of discharge.
(5)
Average and 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 and appurtenances by size, location and elevation.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials and types of materials that are
or could be discharged.
(8)
Each product produced by type, amount and rate of production.
(9)
Number and type of employees and hours of work.
(10)
Any other information as may be deemed by the Village to be
necessary to evaluate the permit application.
E.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this chapter and all other regulations,
user charges and fees established by the Village Board. The conditions
of wastewater discharge permits shall be uniformly enforced by the
Village in accordance with this chapter and applicable state and federal
regulations. Permit conditions will include the following:
(1)
The monthly wastewater discharge permit fee, fixed charge, user charge
and schedule for surcharge fees for the wastewater to be discharged
to the sewer system.
(2)
The average and maximum wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
(4)
Requirements for installation of sampling and metering manholes or
discharging monitoring stations.
(5)
Pretreatment requirements.
(6)
Requirements for maintaining plant records relating to wastewater
discharges as specified by the Utilities Superintendent and affording
the Village access thereto.
(7)
Average and maximum pollutant concentrations and total daily average
and maximum pollutant discharges for all pollutants subject to limitations
and prohibitions which are present in the user's wastewater discharge.
(8)
Other conditions as deemed appropriate by the Village to insure compliance
with this chapter.
F.
Pretreatment facilities. If the Village requires pretreatment facilities
as a condition for discharge to the sewerage system, then the following
conditions apply:
(1)
Construction, operation and maintenance of pretreatment facilities
shall be at the expense of the person discharging the industrial waste.
(3)
In accordance with Ch. NR 114, Wis. Adm. Code, all pretreatment facilities
shall be operated by qualified personnel holding certificate of the
proper class issued by the State DNR.
G.
Industrial waste analysis, measurement and sampling.
(1)
All persons discharging industrial wastes into the sewer system shall
construct and maintain sampling and metering manholes in suitable
and accessible positions on public property or easement to facilitate
the observation, measurement and sampling of all wastes or wastewater.
These manholes shall be located and constructed in a manner approved
by the Village Engineer. Plans, specifications and any other pertinent
information relating to proposed flow equalization, pretreatment,
or processing facilities shall be submitted for review by the Village
prior to construction if the effluent from such facilities is to be
discharged in the public sewers.
(2)
The Village Utilities or its designee will monitor flow, collect
samples and perform laboratory tests on industrial waste discharges
as necessary to verify quantity of flow and/or character and concentration
of an industrial waste. The Village test results shall be used to
determine the applicable surcharge.[3]
(3)
Waste or wastewater discharge may be sampled manually or by the use of mechanical equipment as necessary to obtain a representative twenty-four-hour composite sample. Samples shall be taken at intervals to be established by contractual agreement under § 398-13H or at intervals as determined by the Utilities Superintendent or the Village Engineer. All costs for such sampling shall be charged directly to the owner of the premises from which the sampled discharge is generated. The sampling may be done by Village personnel or their designee or may be requested to be done by the facility owner. If the owner is requested to perform the sampling, the selected method, contractor, or laboratory must be pre-approved by the Village.
(4)
When Ch. NR 101 or NR 202, Wis. Adm. Code, requires the submittal
of the character and concentration of wastes, waste volume and production
information to the district or State DNR, the user shall have the
waste character and concentration determined by a DNR certified testing
laboratory. A copy of the test results and DNR reports shall be submitted
to the Village Engineer.
(5)
All measurements and test analysis of the characteristics of industrial
wastes shall be determined in accordance with 40 CFR 136 methods approved
by the Utilities Superintendent and shall comply with state and federal
law.
H.
Contractual agreement. All persons required to make application for
a wastewater discharge permit shall, before issuance of the permit,
enter into a contractual agreement with the Village. The contractual
agreement shall contain the conditions set forth in the discharge
permit, requirements for industrial cost recovery charges and other
items deemed necessary by the Village.
I.
Duration of permits. A permit shall be issued for one year and shall
be automatically renewed on a year-to-year basis thereafter, unless
the person is notified by the Village 60 days prior to the expiration
of the permit or any renewal thereof or unless the discharger has
signed a discharge monitoring agreement with the Village which specifies
a different duration period. The terms and conditions of the permit
shall be subject to modification and change by the Village during
the life of the permit, if so required because of any ordinances,
statutes or rules and regulations of the approving authority of any
applicable state or federal body. The person shall be informed of
any proposed changes in his permit at least 60 days prior to the effective
date of change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.[4]
J.
Transfer of a permit prohibited. Wastewater discharge permits are
issued to a specific 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.
K.
Revocation of permit. Any user who violates any of the conditions
of his or her permit contractual agreement or this chapter or of applicable
state and federal regulations is subject to having his or her permit
revoked.[5]
L.
Discharge monitoring agreement. The Village may require an industrial
or any high volume or high strength waste discharger to enter into
a discharge monitoring agreement if in the judgment of the Village
such an agreement is necessary to properly evaluate the users discharge
to the sewerage system and/or to obtain adequate information to properly
assess a surcharge. In the absence of a discharge monitoring agreement,
the Village may assign a surcharge to a user, which in the Village's
judgment is appropriate of the user's discharge. The Village
may assess a surcharge to a user even though the Village does not
require the user to enter into a discharge monitoring agreement. A
sample of a discharge monitoring agreement is on file with the Village.
The Village, its agents and employees 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 subchapter, pursuant to § 66.0119
or 66.0417, Wis. Stats.
When requested by a user who is furnishing a report or permit
application or questionnaire, the portions of such document which
might disclose trade secrets or secret processes shall not be made
available for use by the Village or any state agency in judicial review
or enforcement proceedings involving the person furnishing the report.
A.
Damages. No person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment which is a part of the sewerage system. Any person violating
this provision shall be subject to immediate arrest under charge of
disorderly conduct.[1]
B.
Permit revocation. Any licensed waste hauler or permitted industrial
discharger found to be violating a provision of this chapter or any
conditions of the discharge permit may have its approval immediately
revoked. This revocation shall be done in writing and shall state
the reasons for the revocation.
C.
Accidental discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the sewerage system which causes
damage to the sewerage system and/or receiving water body shall, in
addition to a fine, pay the amount to cover all damages, both which
will be established by the Village.
D.
Liability for losses. Any person violating any provision of this
chapter shall become liable to the Village for any expense, loss,
or damage occasioned by reason of such violation which the Village
may suffer as a result thereof.
E.
Damage recovery. The Village shall have the right of recovery from
all persons, any expense incurred by the sewerage system for the repair
or replacement of any part of the sewerage system damaged in any manner
by any person by the performance of any work under their control,
or by any negligent acts.
F.
Penalties. In addition to, and not to the exclusion or prejudice of, any such other penalties and remedies that may apply, any person who shall violate any of the provisions of this chapter or rules or regulations of the Village or who shall connect a service pipe or discharge without first having obtained a permit therefor; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference, shall upon conviction thereof be subject to a penalty as set forth in § 1-2 of the Code. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense. This, however, shall not bar the Village from enforcing the connection duties set out in § 398-6 for mandatory connection.[2]
G.
Appeal procedures. Any user affected by any decision, action or determination,
including cease-and-desist orders, made by the Village official interpreting
or implementing provisions of this chapter may file with the Village
Clerk's office a written request for reconsideration within 15
days of the date of such decision, action, or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
Such appeal shall state the user's name, address, telephone number,
address, and a statement of the nature of and reasons for the appeal.
The Village Clerk shall schedule the appeal for consideration by the
Village Board at a regular meeting as soon as reasonably practicable
under the circumstances and shall notify the user of the time, date
and place of such meeting, in writing, by regular mail, deposited
in the mail no later than at least three days before the date of such
meeting. Upon review of such appeal, the Village Board may change
such decision, action or determination upon just and reasonable cause
shown.
