[Adopted 12-15-2009 by Ord. No. 1054 as Title 4, Ch. 7, of the 2009 Code
of Ordinances]
This article is adopted under the authority granted by §§ 62.18,
62.185 and 62.19 of the Wisconsin Statutes.
This article shall be known as, referred to and cited as the
"User Charge and Sewer Use Ordinance for the City of Lake Mills, State
of Wisconsin," and hereinafter referred to as "this article."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The City Council hereby finds that the requirement for the issuance
of state loans and the acceptance of such loans by the City under
the Wisconsin Clean Water Fund Program and Environmental Improvement
Fund, §§ 281.57 and 281.59, Wis. Stats., respectively,
and other state and federal financial aid, and the regulations of
the Wisconsin Department of Natural Resources as set forth in Chapters
NR 110, 162, and NR 210, Wisconsin Administrative Code, for the construction
and operation of waste treatment works to improve the quality of effluent
discharges from the City establish:
A.
The necessity of adopting a user charge system that would be proportionate
to all classes of users and produce the revenue required to sustain
the sewage collection and waste treatment system;
B.
The necessity of enacting regulations that control the use and inflow
into wastewater treatment works.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The purpose of this article is to promote the public health,
safety, prosperity, aesthetics, and general welfare of the citizens
of the City, and is designed to provide the legislative enactments
required under applicable state and federal regulations for the acceptance
of financial assistance to improve the quality of effluent discharges
from the wastewater treatment works. It is further intended to provide
for administration and enforcement of this article and to provide
penalties for its violations. It is further intended to implement
provisions of agreements by and among the City, the Town of Lake Mills
and the former Rock Lake Sanitary District No. 1 relating to the dissolution
of the sanitary district and the transfer of assets and liabilities
thereof to the City.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, rules, regulations, ordinances or permits previously adopted
or issued pursuant to law. However, wherever this article imposes
greater restrictions, the provisions of this article shall govern.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the City and shall not be deemed a limitation
or repeal of any other power granted by the Statutes of the State
of Wisconsin.
For the purpose of this article, the following definitions shall
be used. Words used in the present tense include the future; the singular
number includes the plural number; and the plural number includes
the singular number. The word "shall" is mandatory and not directory,
while the word "may" is permissive.
A method of keeping accounts of the segregated resources
over several years to determine the funds available to offset capital
expenditures to maintain an ongoing, online waste treatment facility.
An audit as a separate report from other funds and shall
cover the following:
To determine that financial operations are properly conducted;
Financial reports are presented fairly;
Applicable laws and regulations have been complied with;
Resources are managed and used in an economical and efficient
manner; and
Desired results and objectives are being achieved in a financially
effective manner.
Those expenditures authorized by the City Council of the
City and made payable from the accounts kept for the expenditures
of the user charge. Expenditures from the reserve funds shall be limited
to those for which the fund was created.
A user's loading in pounds of BOD calculated using the
billable flow and concentration of BOD in the waste as determined
by the City Engineer. Minimum waste strength of BOD shall be the domestic
waste concentration of 200 milligrams per liter for the purpose of
billing for user charges.
A user's recorded quarterly water usage as metered by
the appropriate water utility, plus metered water from wells and other
sources, and less any sewer-exempt metered data. Residential users
on unmetered wells and users with no history of billable flow shall
have their billable flow estimated by averaging the billable flow
of other residential users of the same class.
A user's loading in pounds of TSS calculated using the
billable flow and concentration of TSS in the waste as determined
by the City Engineer. Minimum waste strength of TSS shall be the domestic
waste concentration of 250 milligrams per liter for the purpose of
billing for user charges.
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedures in five days at 20° C.
That part of the lowest horizontal piping of a drainage system
which receives sanitary or industrial sewage only and is located inside
the walls of a building and conveys the sewage to the building sewer,
which begins three feet outside the building wall.
That part of the lowest horizontal piping of a drainage system
which receives stormwater or other clear water discharge, but receives
no wastewater from sewage or other drainage pipes, and is located
inside the walls of a building and conveys the sewage to the building
sewer, which begins three feet outside the building wall.
The extension from the building drain to the public sewer
or other place of disposal and conveys only sanitary or industrial
sewage. This is also known as a "house connection."
The extension from the building drain to the public sewer
or other place of disposal and conveys stormwater or other clear water
drainage, but no sanitary or industrial sewage. This is also known
as a house connection.
The equivalent quantity of oxygen, expressed in milligrams
per liter (mg/l), utilized in the chemical oxidation of organic and
inorganic matter under standard laboratory procedures.
The City of Lake Mills.
The governing body of the City.
The City Engineer of the City of Lake Mills, Wisconsin, or
its designated engineer.
The division of wastewater treatment customers by waste characteristics
and process discharge similarities or function, such as residential,
commercial, institutional, industrial or governmental.
A sewer whose primary purpose is to collect wastewater from
individual point source discharges.
A combination of both wastewater and storm or surface water.
A sewer intended to receive both wastewater and storm or
surface water.
For the purpose of the user charge system, a user engaged
in the purchase or sale of goods, or in a transaction or business,
or who otherwise renders a service.
BOD, suspended solids (SS), pH, and fecal coliform bacteria,
plus additional pollutants identified in the NPDES permit, if the
publicly owned treatment works was designed to treat such pollutants
and, in fact, does remove them to a substantial degree.
Placing funds in control of the City and, if said deposit
is in the form of a bank check, deposit shall not be deemed collected
within this definition until the applicable rules of the bank's
collection procedures are fulfilled.
An annual operating cost reflecting capital consumption and
obsolescence (reduction of future service potential) of real and personal
properties.
That concentration of matter in the sewage consisting of
colloidal particulate matter one micron in diameter or less, and both
organic and inorganic molecules and ions present in solution.
For the purpose of the user charge system, a user whose premises
or building is used primarily as a domicile for one or more persons
and whose wastes originate from the normal living activities of its
inhabitants.
An acquired legal right, less than fee simple, for the specific
use of land owned by others.
Any number of organisms common to the intestinal tract of
man and animals whose presence in sanitary sewage is an indicator
of pollution.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in a pretreatment
facility approved by the City.
A pipe in which wastewater is carried under pressure.
A process improvement in the increased size facilities or
a process improvement in existing facilities that is directly anticipated
to preclude physical betterment or is an indirect improvement to the
process as a result of renewal on a cost-effective basis.
The process deficiency of a functional element of a plant
beyond the capacity of a preventive maintenance program to such extent
that a new process device or piece of equipment would be more cost-effective.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the commercial handling,
storage, and sale of produce.
An approved watertight receptacle for the collection and
holding of sewage.
Any nontreatable waste product including nonbiodegradable
dissolved solids.
Any nongovernmental, nonresidential user of a publicly owned
treatment works that discharges more than the equivalent of 25,000
gallons per day (gpd) of sanitary waste and that is identified in
the 2012 North American Industry Classification System (NAICS), as
amended and supplemented under one of the following sectors: Sector
11, Agriculture, Forestry, Fishing, and Hunting; Sector 21, Mining,
Quarrying, Oil & Gas Extraction; Sector 31-37, Manufacturing;
Sector 48-49, Transportation and Warehousing; Sector 56, Administrative
and Support and Waste Management and Remediation Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In determining the amount of a user's discharge, the City
Council will exclude domestic waste or discharge from sanitary conveniences.
After applying the sanitary waste exclusion in the above subsection
of this definition, discharges in the above divisions that have a
volume exceeding 25,000 gpd or the weight of biochemical oxygen demand
(BOD) or suspended solids (SS) equivalent to that weight found in
25,000 gpd of sanitary waste are considered industrial users. Sanitary
waste, for purposes of this calculation of equivalency, shall be wastes
of normal concentration as defined in this article.
Any nongovernmental user who discharges wastewater to the City's
sewers, which wastewater 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 the municipal sewer
systems, or to injure or to interfere with any sewage treatment process,
or which constitute a hazard to humans or animals, creates a public
nuisance, or creates any hazard in or has an adverse effect on the
waters receiving any discharge from the treatment works.
The water unintentionally entering the public sewer system,
including sanitary building drains and sewers, from the ground through
such means as, but not limited to, defective pipes, pipe joints, connections,
or manhole walls. Infiltration does not include, and is distinguished
from, inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
The water discharge into a sanitary sewer system, including
building drains and sewers, from such sources as, but not limited
to: roof leaders, cellar, yard and area drains; foundation drains;
unpolluted cooling water discharges; drains from springs and swampy
areas; manhole covers; cross-connections from storm sewers and/or
combined sewers; catch basins; stormwaters; surface runoff; street
wash waters, or drainage. Inflow does not include, and is distinguishable
from, infiltration.
A sewer whose primary purpose is to transport wastewater
from collection sewers to a treatment facility.
The extension from the building drain to the public sewer
or other place of disposal and conveys only sanitary or industrial
sewage. Also known as the house connection or building sewer drain.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
groundwater.
Wastewater in which BOD, suspended solids or phosphorus concentrations
do not exceed normal concentrations.
Includes all costs, direct and indirect, not including debt
service or equipment replacement, but inclusive of expenditures attributable
to administration and treatment and collection and pumping of wastewaters,
necessary to insure adequate wastewater collection and treatment on
a continuing basis which conforms to applicable regulations and assures
optimal long-term facility management.
Any individual, firm, company, association, society, corporation
or group, discharging any wastewater to the wastewater treatment facility.
For the purpose of the user charge system, all equipment
owned by the City, and used in the transport and treatment of sewage.
Such equipment must be mechanical, electronic, or electrical or have
movable parts.
Used to express the intensity of the acid or base condition
of a solution, calculated by taking the logarithm of the reciprocal
of the hydrogen ion concentration. The concentration is the weight
of hydrogen ions in grams per liter of solution.
The total phosphorus concentration as determined by a test
conducted in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater as published by the American
Public Health Association, the American Water Works Association, and
the Water Environment Federation.
The expansion of a physical facility to increase capacity
of the treatment works.
The material deficiency of a functional element of a treatment
plant to a point that repair as normal or preventive maintenance is
not cost-benefit effective.
The treatment of industrial sewage from privately owned industrial
sources by the generator of that source prior to introduction of waste
effluent into a publicly owned treatment works.
A sewer that is not owned by the City.
A sewer which is owned and controlled by the City and is
separate from and does not include sewers owned by other governmental
units.
A station positioned in the public sewer system at which
wastewater is pumped to a higher level.
For the purpose of the user charge, all fixed physical facilities
owned by the City and used in the transport and treatment of sewage
which do not have movable parts, such as buildings, tanks, sewers,
structures and the like.
The expenditures from reserve funds or other funds to overcome
physical and/or functional consumption of plant capacity or function
or obsolescence of same, in order that the equivalent in function
of plant is present at the end of the anticipated useful life.
The expenditures for obtaining and installing equipment,
accessories, or appurtenances necessary during the service life of
the treatment works to maintain the capacity and performance for which
such works were designed and constructed.
An account for the segregation of resources to meet capital
consumption of personal or real property.
Rock Lake Sanitary District No. 1 with boundaries existing
in 1972.
A sewer that carries only sanitary or sanitary and industrial
wastewaters from residences, commercial building, industrial plants,
and institutions and to which storm, surface and groundwater are not
intentionally admitted.
Wastewater or contents of septic or holding tanks, dosing
chambers, grease interceptors, seepage beds, seepage pits, seepage
trenches, privies or portable rest rooms.
The combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
including polluted cooling water and unintentionally admitted infiltration/inflow.
Sanitary sewage shall mean the combination of liquid and water-carried
wastes discharged from toilet and other sanitary plumbing facilities.
Industrial sewage shall mean a combination of liquid and water-carried
wastes discharged from any industrial establishment and resulting
from any trade or process carried on in that establishment and shall
include the wastes from pretreatment facilities and polluted cooling
water.
Combined sewage shall mean wastes, including sanitary sewage,
industrial sewage, stormwater, infiltration, and inflow carried to
the wastewater treatment facilities by a combined sewer.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the low conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
[1.25 centimeters] in any dimension.
Any industry that will contribute greater than 10% of the
design flow and/or design pollutant loading of the treatment works.
Any discharge of water or wastewater in concentration of
any given constituent or in any quantity of flow which exceeds for
any period of duration longer than 15 minutes more than five times
and allowable concentration of flows during a normal working day (i.e.,
1, 2 or 3 shift operation) and shall adversely affect the collection
system and/or performance of the wastewater treatment works.
The laboratory procedures set forth in the following sources:
most recent edition of "Standard Method for the Elimination of Water
and Wastewater," prepared and published jointly by the American Public
Health Association, American Water Works Association, and Water Pollution
Control Federation; "Methods for Chemical Analysis of Water and Wastes,"
1971, prepared and published by the Analytical Quality Control Laboratory,
U.S. Environmental Protection Agency; "Guidelines Establishing Test
Procedures for the Analysis of Pollutants," enumerated in 40 CFR 136.1
et seq. (1975), as amended; and/or any other procedures recognized
by the United States Environmental Protection Agency and the State
of Wisconsin Department of Natural Resources.
A sewer that carries only stormwaters, surface runoff, street
wash, and drainage and to which sanitary and/or industrial wastes
are not intentionally admitted.
The user's quarter starting in June, July or August
and ending accordingly in August, September or October.
Total suspended matter that either floats on the surface
of, or is in suspension in or water, wastewater, or other liquids
and is removable by laboratory filtration as prescribed in the "Standard
Methods" enumerated and defined in this section.
The sum of suspended and dissolved solids.
Town of Lake Mills, Wisconsin.
Concentration of any pollutant or combination of pollutants
which, upon exposure to or assimilation into any organism, will cause
adverse effects, such as cancer, genetic mutations, and physiological
manifestations, as defined in standards issued pursuant to Section
307(a) of Public Law 92-500, as amended.[1]
Water of a quality equal to or better than the effluent criteria
in effect, or water that is of sufficient quality that it would not
be in violation of federal or state water quality standards if such
water were discharged into navigable waters of the State. Unpolluted
water would not be benefited by discharge to the sanitary sewers and
wastewater treatment facilities provided.
The anticipated term in years of physical and/or functional
productivity of elements and/or the whole of the wastewater treatment
system which can be reevaluated as a result of preventive maintenance,
renewal which offsets physical and/or functional obsolescence, renewal
of capital elements due to consumption, and physical and/or functional
betterment, direct or indirect.
The system of charges levied on users for the cost of operation
and maintenance, including replacement reserve requirements on new
and old wastewater collection and treatment facilities.
The material in the sewage solids transformed to gases or
vapors when heated at 500° C. for 15 minutes.
The structures, equipment and processes required to collect,
transport and treat domestic and industrial wastes and to dispose
of the effluent and accumulated residual solids.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
All facilities for water supply, treatment, storage reservoirs,
water lines, and services and booster stations for obtaining, treating
and distributing potable water.
A permit issued under the Wisconsin Pollutant Discharge Elimination
System (WPDES) for discharge of wastewater to the navigable waters
of Wisconsin pursuant to § 283.31, Wisconsin Statutes.
[1]
Editor's Note: The Federal Water Pollution Control Act.
A.
Establishment of revenue system. A user charge shall be assessed
to all users by the City in accordance with the provisions of this
article.
B.
User charge system.
(1)
Budget and appropriation.
(a)
The City shall annually prepare an estimate of the anticipated
cost of service associated with treatment costs, collection system
costs, lift station costs, and administrative costs. Costs for each
of these four functional areas shall be further defined by revenue
requirements in these four areas: operation and maintenance, replacement
fund, debt service, and capital additions. Finally, the four revenue
requirements in each of the four functional areas of the utility shall
be allocated to the parameters of demand, volume, BOD, total suspended
solids (TSS), phosphorus, and customer costs. These estimates shall
be in the form of a rate ordinance and shall be proposed to the City
Council for enactment prior to the enactment of the budget of the
ensuing year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Fixed or minimum charges are determined by summing the revenue
requirements of the four functional areas allocated to the parameters
of demand and customer cost, and dividing by the number of equivalent
meters or the number of actual customers respectively.
(c)
The volume charge is determined by summing the revenue requirements
of the four functional areas allocated to the parameters of volume
(or flow), BOD, TSS, and phosphorus, and dividing by the total billable
flow in 1,000 gallons, billable pounds of BOD, and billable pounds
of TSS, and phosphorus, respectively.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Operation and maintenance expenses. Operation and maintenance expenses
are allocated to the parameters of demand, volume, BOD, suspended
solids, phosphorus, and customer costs on the following basis:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Labor, by treatment category, is allocated to parameters based
on the specific wastewater parameters being treated in that treatment
category.
(b)
Electricity cost is allocated to wastewater parameters based
on estimates of use to parameter.
(c)
The cost for repairs and replacement for that part of the sewer
lateral that extends from the building or facility to the property
line shall be paid in full by the property owner. The cost of repairs
and replacement for that part of the sewer lateral which extends from
the private property line under a public right-of-way to a connection
with the public sewer main, to include the connection itself, shall
be the responsibility of and be paid by the City of Lake Mills Sewer
Utility. The cost of routine cleaning of the entire lateral from the
building or facility to the junction with the sewer main is the sole
responsibility of the property owner.
(3)
Replacement expense.
(a)
The replacement expense shall be sufficient to replace any equipment
in the sewers or sewage works owned by the City as required, in order
to assure the continued peak performance of the equipment and to maintain
the capacity for which the sewers and sewage works were designed and
constructed. The service life for real and personal property shall
be established by the City Engineer in cooperation with the City auditors,
in accordance with experience of the City, state and federal guidelines
and accepted accounting procedures. Each piece of equipment shall
be evaluated biannually to determine if its useful life has been extended
as a result of preventative maintenance programs or repairs.
(b)
Yearly replacement costs for each piece of equipment shall be
allocated in accordance with their applicability to the parameters.
This breakdown shall be reviewed annually by the City Engineer and
approved by the City.
(4)
Debt service expense, and capital additions expense. Allocations
of debt service expense and routine plant additions expense are distributed
using percentages derived from the allocation of the cost of the treatment
plant, collection system and lift stations to the parameters.
(5)
Additional charges. Additional charges shall be billed, as required,
for the following:
(a)
Actual costs incurred for commercial and industrial as well
as for user-requested sampling and analyses.
(b)
Actual costs incurred for water meter inspection requested by
the user or as required because of improper maintenance.
(c)
Actual costs incurred for special handling not provided for
elsewhere in this article.
(d)
Actual costs incurred for handling a user's check returned
because of insufficient funds.
(e)
Costs for revenue bond amortization per Ordinance No. 349.
(f)
Each user which discharges toxic pollutants which cause an increase
in the cost of managing the effluent or the sludge of the treatment
works shall pay for such increased costs and toxic monitoring.
(g)
Surcharge for other than normal wastewater.
[1]
Such surcharge shall be based on flow, BOD, Suspended solids,
phosphorus, and such other constituents that affect the cost of collection
and treatment. Charges shall be made in accordance with rates established
in a separate rate ordinance.
[2]
All users discharging wastes into the public sewers are subject
to a surcharge, in addition to any other wastewater service charge,
if their wastewater has a concentration greater than "normal concentrations"
(see definition). The volume of flow used for computing waste surcharges
shall be metered water consumption, subject to adjustments as otherwise
herein provided, or the actual volume of waste as determined by an
industrial waste metering installation. The amount of surcharge shall
reflect the cost incurred by the City in removing BOD, suspended solids,
phosphorus, and other pertinent constituents.
(h)
An impact fee as set forth by a rate ordinance enacted by the
City Council.
(i)
Septage or holding tank waste disposal fee.
C.
Wastewater user charges.
(1)
All users. The wastewater user bill to be paid by all users shall consist of the fixed or minimum charge and the volume charge plus any additional charges as may be appropriate, including those identified in Subsection B(5) above.
(2)
Industrial and commercial users.
(a)
In addition to the basic wastewater user bill described in subsection A of this section for the user charge system, wastewater user bills for industrial and commercial users shall consist of industrial waste monitoring charges as described in § 623-18B(5)(a) of this article.
(b)
Industries with wastes classified by the City Engineer as having
special problems shall, if directed by the City Engineer, install
at the industry's own cost and in a structure located on the
building service line, whatever sampling devices are required by the
City Engineer to obtain exact information about the waste.
(3)
Additional charges. Additional charges as described in § 623-18B(5) of this article shall, if required, be listed on the wastewater user bill.
(4)
The rates of surcharge for concentrations greater than "normal concentration"
of BOD, suspended solids, phosphorus and other pertinent constituents
shall be at the prevailing rate at the time of discharge to the sanitary
sewer. Said prevailing rates may be amended from time to time by resolution
of the City Council.
(5)
All other rates, to include any applicable impact fees, shall be
as established from time to time by resolution of the City Council.
D.
Wastewater user bill.
(1)
Bill period. A bill shall be prepared and submitted to each user
once every month.
(2)
Delinquent bills.
(a)
Any bill not paid 20 days after date of billing shall be declared
delinquent and a past due notice issued to the billed party. The past
due notice shall contain an additional handling charge to offset all
costs incurred for generating and issuing the past due notice.
(b)
On or before October 15 of each year, the sanitary sewer utility
shall give notice to the owner or occupant of any lot or parcel of
real estate to which sanitary sewer service has been provided, and
for which there is owing at the giving of the notice, sewer user charges
established in accordance with this article. The form and content
of the notice, as well as the procedural requirements established
in § 66.0809, Wis. Stats., shall apply.
(c)
Nonreceipt of any bill described in this section shall not release
the user of liability for any of those charges. In any case where
the user is responsible for the nonreceipt of the bill, the conditions
herein described for late payment and penalties shall apply. In those
instances where the City is responsible for the nonreceipt of the
bill, the City may, at its discretion, grant the user an extension
of the discount period and late payment conditions described herein.
(3)
Forms. Forms for bills and delinquent payment shall be as determined
by the City.
E.
Debt service. Revenues to pay for debt service shall be collected
as provided for in the Revenue Bond Ordinance No. 349.
A.
Money. All user charge payments and all funds received from the Sanitary District shall be placed in segregated accounts as detailed in Ordinance No. 349. Such money shall be used only to cover the costs of operation and maintenance, replacement, debt service and other costs as outlined in § 623-18B of this article.
B.
Expenditures. Expenditures shall be made from the user charge moneys
by the City in accordance with the detailed annual budget and ordinances
authorized by the City Council.
C.
Replacement reserve expenditures. Expenditures from the accrued replacement
reserve on facilities shall be for making renewals to accommodate
wear of physical elements and/or movable property that would result
in an extended useful life or meet the anticipated useful life of
the present plant and not for plant expansion or additions. Replacement
revenues as defined herein shall be segregated in a separate account
under the depreciation fund provided for in Ordinance No. 349.
D.
Renewals. Renewals to accommodate wear of physical elements and/or
movable property shall be capital expenditures that cause the annual
estimate for accrued reserves from replacement to be evaluated in
terms of extended useful life as a result of preventive maintenance
programs or of such renewal. The expenditures to overcome physical
and/or functional obsolescence shall be capitalized against the element
of the facility and charged to the fixed assets groups of accounts
as an improvement to such element. Future estimates of accrued reserve
requirements shall be evaluated and reflected in the replacement reserve
requirements.
E.
Audit. An audit shall be performed annually at the same time that
the other books of account of the City are audited and in the same
manner.
F.
Excess revenues. Excess revenues collected within a segregated account
or user class shall be applied to that account or user class for the
next year and the rate adjusted accordingly.
A.
Conditions for discharge into treatment system.
(1)
Public wastewater collection facilities are required to be used for
the deposit of human wastes, garbage and other liquid wastes that
cannot be discharged into a receiving stream or disposed of in any
other manner in accordance with federal and state statutes and state
administrative regulations and approved by the Wisconsin Department
of Natural Resources.
(2)
No building or facility shall be connected to any sewer unless the
portion of the property on which the building or facility is situated
is located within the corporate limits of the City of Lake Mills or
within the area designated as Rock Lake Sanitary District #1, except
as provided in § 623-20Eof this article.
(3)
No person shall place, deposit or discharge, or cause to be placed,
deposited or discharged, upon public or privately owned property any
wastewater within the corporate limits of the City unless done so
within adequately sized holding facilities approved by all applicable
federal, state and local agencies.
(4)
No person shall deposit or discharge, or cause to be deposited or
discharged, to any wastewater collection facilities, any solid, liquid
or gaseous waste unless through a connection approved under the terms
of this article.
(5)
No person shall discharge any sewage, waste or material, industrial
waste, or any polluted water into a stream or in the air or onto the
land, except where the person has made and provided for treatment
of such wastes which will render the content of such wastes'
discharge in accordance with applicable City, state and federal laws,
ordinances and regulations.
(6)
In case of natural outlet discharges, at the time construction of
the waste treatment works is commenced, each owner or operator shall
furnish the City an Approved Wisconsin Pollutant Discharge Elimination
System (WPDES) permit setting forth the effluent limits to be achieved
for compliance with such limits by the required date. The WPDES permit
shall be kept on file with the City Engineer and updated by such information
as periodically required by the City, state and/or federal agencies.
(7)
Any person who owns property within the corporate limits of the City,
which property is improved with one or more residences, houses, buildings
or structures for or intended for human use, occupancy, employment,
or any other similar purpose whatever, and which property abuts on
any street, alley or right-of-way in which there is located a sewer
within 100 feet from the nearest property line shall, within 10 days
after notice that such sewer is in service, at his expense, install
suitable toilet and waste disposal facilities in the residences, houses,
buildings or structures and connect the facilities with the sewer
in accordance with the terms and provisions of this article; provided,
however, that in the event compliance with this section causes economic
hardship to the person, he may apply to the City for exemption. An application for exemption shall state
in detail the circumstances that are claimed to cause the economic
hardship. Exemptions shall only be granted to residential users and
shall not apply to commercial and industrial users. Any connection
to the sewer under this article shall be made only if the City determines
that there is capacity, including BOD and TSS capacity, available
in all downstream sewer lift stations and sewer lines and in the treatment
plant. The provisions of this subsection shall apply to any person
who owns property within the unincorporated area to which service
is provided under the terms of this article, except that the obligation
to connect the facilities with the sewer shall apply only to buildings
used for human habitation and located within real estate adjacent
to a sanitary sewer main or lateral and within 200 feet of the sanitary
sewer main or lateral.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
Every person desiring to connect to the sewer system shall file an
application in writing to the City Engineer on such form as is prescribed
for that purpose. Blanks for such applications will be furnished at
the Office of the City Clerk. The application must state fully and
truthfully all the wastes that will be discharged. If the applicant
is not the owner of the premises, the written consent of the owner
must accompany the application. Persons connected to the sewer system
of the City are referred to herein as "users." If it appears that
the service applied for will not provide adequate service for the
contemplated use, the City Engineer may reject the application. If
the City approves the application, it shall issue a permit for services
as shown on the application.
B.
Limitations on discharge.
(1)
No person shall discharge or cause to be discharged any stormwater,
groundwater, surface drainage, basement drainage or unpolluted industrial
cooling waters to any sewer connected to the City's waste treatment
plant.
(a)
No connections of building downspouts from residential, commercial,
institutional, or industrial sewer users or properties to any sewer
connected to the City's waste treatment plant may be made or
continued. No basement sump pumps or building foundation drains may
discharge to any sewer connected to the City's waste treatment
plant. Any existing connections of downspouts, sump pumps, or building
foundation drains to any sewer connected to the City's waste
treatment plant shall be removed within 30 days of receipt of a written
order from the City.
(b)
All private, interceptor sanitary sewers and laterals, or any
other private sanitary sewer connection, shall be constructed and
maintained by the property owner or sewer user in such a manner that
the sewers or laterals are reasonably impervious to infiltration and
inflow. If the City determines that private, interceptor sewers or
laterals or any other private sanitary sewer connection contributes
inflow or infiltration unreasonably or in an excessive amount to the
City's waste treatment plant, the property owner or sewer user
may be ordered to repair or replace the private, interceptor sewer
or laterals or other private sanitary sewer connection within 30 days
of receipt of such written order.
(c)
Failure to comply with the written order received under either Subsection B(1)(a) or (b) may result in the issuance of a citation under this article for each day of noncompliance with said order, and such noncompliance and the conditions ordered to be disconnected, repaired or replaced may also be considered a public nuisance which may be remedied by whatever lawful means is available to the City. If the property subject to such written order is located in the Town of Lake Mills, the Town shall, through mutual aid agreements, or any other written agreement, such as the boundary and revenue sharing agreement with the City, cooperate with the issuance of any required citations.
(d)
In addition to all other remedies, the City may discontinue sanitary sewer service to the user or property owner until the user or property owner complies with any written order required by either Subsection B(1)(a) or (b). Prior to discontinuation of sewer service, the property owner or sewer user shall be given a ten-day written notice of the action to discontinue service sent by certified mail. The property owner or sewer user shall be informed in said notice of a right to appeal such determination to discontinue service to the public works board. If notice of such appeal is made in writing to the City Clerk within seven days of receipt of such notification, no discontinuation of service may be exercised under this section unless the Public Works Board has provided a hearing and unless the decision to discontinue service has been confirmed by the Public Works Board.
(e)
If the property subject to a notice of discontinuation of service under Subsection B(1)(d) is located in the Town of Lake Mills, the Town Clerk shall also be sent a copy of the notice. Failure to comply with the notice requirement to the Town, if such failure is inadvertent or unintentional, shall not void any proceedings under this section to enforce the orders of the City to discontinue sewer service to a property located in the Town of Lake Mills.
(2)
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following materials to any sewer connected
to the City's treatment plant:
(a)
Any liquid or vapor having a temperature higher than 150°
F.
(b)
Any water or wastes which may contain more than 100 milligrams
per liter of malt, oil, grease or hexane extractable material, or
substances which may solidify or become viscous at temperatures between
32° and 150° F.
(c)
Gasoline, benzene, naphtha, fuel oil or other combustible, flammable,
or explosive liquid, solid or gas of whatsoever kind or nature.
(d)
Any garbage that has not been properly shredded.
(e)
Any gases, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure, or any
other solid or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of the sewage works.
(f)
Any water or wastes having a pH lower than six or higher than
nine or having any other corrosive properties capable of causing damage
or hazard to sewers, structures, equipment or personnel of the waste
treatment works.
(g)
Any waters or wastes containing any toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment
process or that would constitute a hazard to humans or animals, or
that could create any hazard in the receiving waters of the sewage
treatment plant.
(h)
Any waters or wastes containing BOD, suspended solids, or phosphorus
of such character or quantity that unusual attention or expense is
required to handle such materials at the sewage treatment plant, except
as may be permitted by specific, written agreement with the City,
which agreement may provide for special charges, payments or provisions
for treating the testing equipment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(i)
Any noxious or malodorous gas or substance capable of creating
a public nuisance.
(j)
Any amount of the following constituents exceeding that listed
below:
|
mg/l
| ||
|---|---|---|
|
Aluminum
|
800.0
| |
|
Arsenic
|
0.25
| |
|
Barium
|
2.0
| |
|
Boron
|
1.0
| |
|
Cadmium
|
0.2
| |
|
Chlorides
|
700.0
| |
|
Chromium total
|
10.0
| |
|
Chromium (Hexavalent)
|
0.6
| |
|
Copper
|
2.5
| |
|
Cyanide
|
0.9
| |
|
Fluorides
|
1.2
| |
|
Iron, total
|
56.0
| |
|
Lead
|
1.5
| |
|
Manganese
|
1.0
| |
|
Mercury
|
0.0001
| |
|
Nickel
|
1.5
| |
|
Phenols
|
0.3
| |
|
Selenium
|
1.0
| |
|
Silver
|
0.1
| |
|
Total Dissolved Solids
|
1,500.0
| |
|
Zinc
|
5.0
|
(k)
Ammonia nitrogen in such an amount as would cause the City to
be in noncompliance with regulations of the State of Wisconsin Department
of Natural Resources.
(l)
Any septage or holding tank wastes.
(m)
No provision of this section shall be construed to provide lesser
discharge standards than are presently or may hereafter be imposed
or required by the United State Environmental Protection Agency or
the State of Wisconsin Department of Natural Resources.
C.
Pretreatment.
(1)
Grease, oil and sand interceptors shall be installed by the industrial or commercial or institutional user at its own expense when, in the opinion of the City Engineer, such interceptors are necessary for the proper handling of liquid wastes containing grease, oils, or sand in excessive amounts, or any inflammable wastes, or such other harmful ingredients. Such opinion may be formed in whole or in part by taking into account § 623-20B(2), Limitations on Discharge. The requirement to install interceptors under this subsection shall not include individual residential users within the meaning established under Subsection C(1)(g)below. All interceptors shall be of a type and capacity approved by the City Engineer, and shall be located such that they are easily accessible for cleaning and inspection. All interceptors shall be constructed and maintained by the user in accordance with the state plumbing codes and Subsection C(1)(a) through (f) and (2)of this section.
(a)
General. All plumbing installations for users, other than individual dwelling units, where grease, fats, oil or similar waste products of cooking or food are introduced into the drain system shall be provided with grease or oil interceptors in accordance with this subsection. All drains and drain piping carrying oil, grease or fats shall be directed through one or more interceptors as specified in Subsection C(1)(b), (c) or (d) of this section.
(b)
New plumbing systems. Notwithstanding the state plumbing codes,
and unless otherwise exempted in this section, all new plumbing systems
that discharge to the sewers shall be provided with one or more exterior
grease interceptors.
(c)
Altered or remodeled plumbing systems. Notwithstanding the state
plumbing codes, all existing plumbing systems serving users other
than individual residential users that are altered or remodeled as
to that part of the plumbing system, and which discharges from kitchens
or food processing areas shall be provided with one or more exterior
grease interceptors.
(d)
Existing installations. The City may require the installation
of exterior or interior grease interceptors for existing plumbing
installations where the capacity of the sewer system is reduced due
to congealed grease, or where congealed grease downstream from the
industrial, commercial or institutional user otherwise impairs the
proper functioning of the sewer system.
(e)
Exterior or interior grease interceptors shall receive the entire
waste discharge from kitchens or food processing areas of commercial,
industrial or institutional users required to install or maintain
exterior or interior grease interceptors. All grease interceptors
shall be designed, constructed, installed and maintained in accordance
with the standards contained in the state plumbing code and any additional
requirements from the City Engineer.
(f)
The user required to install or maintain an interior or exterior
grease interceptor shall maintain written records of all inspections
and maintenance of each interceptor and all such records shall be
maintained for a minimum of seven years. All such records shall be
made available for on-site inspection by representatives of the City
during all operating hours of the commercial, industrial or institutional
user.
(g)
For purposes of this section, a commercial user is a nonindustrial
user that is also not an individual residential user or an institutional
user. A multiple-family residential structure may constitute a commercial
user if eight or more dwelling units are in the structure and if individual
laterals are not provided for individual dwelling units, or if all
laterals discharge to a private interceptor sewer. An industrial user
is as defined in this article, but for purposes of this section, an
industrial user may also be a noncommercial, noninstitutional, nonresidential
user, provided the industrial user discharges wastewater of a character
that reasonably allows the City Engineer to determine that the discharges
from the user contain sufficient concentrations of grease or oil or
sand to require that a grease or sand interceptor be installed. An
institutional user is defined in this section as a user that is a
governmental facility that discharges grease or oil from food service
activities or other activities that reasonably allows the City Engineer
to determine that the discharges are likely to contain sufficient
concentrations of grease or oil or sand to require that a grease or
sand interceptor be installed. In addition, the institutional user
may also be defined as a school that serves food that is prepared
or processed on site, or a similar facility that has wastewater characteristics
which may, in the opinion of the City Engineer, warrant the installation
of a grease or sand interceptor.
(2)
Where installed, all grease, oil and sand interceptors shall be maintained
by the user, at his own expense, and shall be kept in continuous and
efficient operation at all times.
(3)
In the event City approves the admission of any materials into its sewers as set forth in § 623-20B(2) of this article, the City shall direct the user causing admission of any such materials to, at his own expense, construct, install and operate such preliminary treatment plants and facilities as may be required in order to:
(a)
Reduce the BOD to 300 parts per million and the suspended solids
to 350 parts per million by weight.
(b)
Reduce objectionable characteristics or constituents to within the maximum limits provided for in § 623-20B(2) of this article.
(c)
Control the quantities and rates of discharge of such waters
or wastes.
(4)
No preliminary treatment plant and facility shall be constructed
or operated unless all plans, specifications, technical operating
data, and other information pertinent to its proposed operating and
maintenance shall conform to all City, State of Wisconsin Department
of Natural Resources and any other local, state or federal agency
regulations, and unless written approval of the plans, specifications,
technical operating data, and sludge disposal has been obtained from
the State of Wisconsin Department of Natural Resources, and any other
local state or federal agency having regulatory authority with respect
thereto.
(5)
All such preliminary treatment facilities as required by this article
shall be maintained continuously in satisfactory and effective operating
condition by the user or person operating and maintaining the facility
served thereby, and at the user's expense.
(6)
No provision contained in this article shall be construed to prevent
or prohibit a separate or special contract or agreement between the
City and any industrial user whereby industrial waste and material
of unusual strength, character, or composition may be accepted by
the City for treatment, subject to additional payment therefore by
the industrial user; provided, however, that such contract or agreement
shall have the prior approval of the City.
(7)
The City reserves the right to reject admission to the system of
any waste harmful to the treatment or collection facilities or to
the receiving stream.
D.
Further limitations on wastewater strength.
(1)
National categorical pretreatment standards as promulgated by the
United States Environmental Protection Agency shall be met by all
users of the regulated industrial categories.
(2)
State requirements and limitations on discharges to the treatment
facility shall be met by all users that 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 City reserves the right to amend this article to provide for
more stringent limitations or requirements on discharges to the treatment
facility where deemed necessary to comply with the objectives set
forth in this article.
(4)
No user 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 article.
(5)
The City may impose mass limitations on users that are using dilution
to meet the pretreatment standards or requirements of this article,
or in other cases where the imposition of mass limitations is deemed
appropriate by the City.
(6)
Each user shall provide protection from accidental discharge of prohibited
or regulated materials or substances established by this article.
Where necessary, facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the user's cost
and expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the City for review,
and shall be approved by the City before construction of the facility.
Review and approval of such plans and operating procedures by the
City shall not relieve the user from the responsibility to modify
its facility as necessary to meet the requirements of this article.
(a)
Users shall notify the City immediately upon the occurrence
of a "slugload," or accidental discharge of substances prohibited
by this article. The notification shall include location of discharge,
date and time thereof, type of waste, concentration and volume, and
corrective actions. Any user who discharges a slugload of prohibited
materials shall be liable for any expense, loss or damage to the City
wastewater facilities or wastewater treatment works, in addition to
the amount of any fines imposed on the City on account thereof under
state or federal law.
(b)
Signs shall be permanently posted in conspicuous places on user's
premises, advising employees who to call in the event of a slug or
accidental discharge. Employers shall instruct all employees who may
cause or discover such a discharge with respect to emergency notification
procedure.
E.
Private sewage treatment and disposal.
(1)
Where a public sewer is not available, as set forth in § 623-20Aof
this article, the building or structure shall be connected to a private
sewer, and a disposal or treatment system shall be constructed in
compliance with the terms and provisions of all applicable City, county,
state and federal laws and regulations.
(2)
Within 90 days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of § 623-20A(7) of this article, a direct connection shall be made to the public sewer according to the terms and provisions of this article, and all private sewers, disposal systems, septic tanks, cesspools, and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned and all openings, tanks, or other containers of human wastes, garbage and other wastes shall be permanently filled with granular material.
(3)
The City shall not be responsible in any way for the operation and
maintenance of a private sewer or disposal system or facility.
(4)
No provision of this article shall be construed to provide lesser
requirements for private sewers and disposal systems than are presently
or may hereafter be imposed and required by any other local governmental
body or the state or federal government.
F.
Service of outlying territory. In accordance with § 66.0813,
Wis. Stats., the City shall provide service to unincorporated lands
located in the Town of Lake Mills, which lands were formerly located
in the Rock Lake Sanitary District and are delineated on a map which
is being approved contemporaneously with the adoption of this article,
which shall be maintained at the office of the City Clerk and which
is attached hereto as an exhibit. The extension of sanitary sewer
service within the area described shall be conditioned upon an agreement
between the City and the property owner requesting such service whereby
the property owner agrees to reimburse the City, either directly or
by special assessment, for the cost of extending sanitary sewer service
to the property. The terms of the agreement shall be determined on
the same considerations as if the property serviced were located in
the City. The City shall have no obligation to provide service beyond
the area delineated on the map that is made a part of this article.
G.
Discharge permits.
(1)
The City reserves the right to require a discharge permit from commercial
or industrial users of the sewer, and, if the City does exercise the
option, commercial or industrial users shall not discharge to a sewer
without having first applied for and obtained a permit from the City.
Upon official notification from the City, each commercial or industrial
user presently discharging material to the sewer shall apply for and
obtain such a discharge permit within 90 days from the date of such
notification.
(2)
The application for a discharge permit shall be made on a form provided
for that purpose by the City, and shall be fully completed under oath
by the property owner, user, or a duly authorized and knowledgeable
officer, agent, or representative thereof, and acknowledged. If requested,
the person making application shall also submit such scientific or
testing data, or other information as may be required by the City.
The City Engineer shall also have, at his discretion, the right to
personally inspect the premises, equipment and material, and laboratory
testing facilities of the applicant.
(3)
A fee as set by City Council shall be charged for a discharge application
or permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
No discharge permit shall be issued by the City to any person whose
discharge of material to sewers, whether shown upon the application
or determined after inspection and testing conducted by the City Engineer,
is not in conformance with federal, state or city statutes, ordinances,
rules and regulations, unless a waiver or variance of such standards
and requirements is granted by the City in the manner hereinafter
set forth. The City shall state in writing the reason or reasons for
denial or requirement for waiver-variance and said written communication
shall be mailed or personally delivered to the applicant within five
days after denial.
(5)
In the event the type of volume of material from property for which
a discharge permit was previously granted shall materially and substantially
change, the person granted such permit previously shall make a new
application to the City, in the same manner and form as originally
made.
(6)
If the application for a new permit or for one because of change in the type or volume of material discharge is denied by the City, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of Subsection G(5) of this section, and a waiver or variance is required, the user may have the entire City Council review the denial or may request waiver-variance, provided the user shall give written notice of his request within 30 days after receiving the denial. The entire City Council shall review the permit application, the written denial, and such other evidence and matters as the applicant and City Engineer shall present at its next regular meeting following receipt of request for its review, and the decision of the entire City Council rendered publicly at said meeting shall be final.
(7)
Should any discharge of material to a sewer materially and substantially
differ in type and volume than shown in the application and permit,
the person and user shall immediately, under order of the City Engineer,
cease and desist from such discharge and shall also be subject to
disconnection, fine and other penalties provided by this article.
(8)
A grant of waiver or variance by the City Council may set forth such
conditions, exceptions, time limitations, durations, and expirations
as the Council deems necessary and proper.
H.
Construction of sewers and connections for buildings.
(1)
The construction of sewers and connections for buildings shall be
made as required by the applicable ordinances of the City and by regulations
of the Wisconsin Department of Natural Resources. Building drains-sanitary
and buildings sewers-sanitary, together with all connections thereto,
shall be constructed water tight to exclude all infiltration and inflow.
(2)
A construction permit shall first be applied for and obtained from
the City before a person, after the effective date of this article,
can connect to any sewer located on properties within the corporate
limits of the City or on properties outside the City where services
have been contracted for with the City.
(3)
Construction permits shall not be issued unless it has been determined
by the City that there is capacity available in all downstream sewerage
facilities.
(4)
No plumber, pipe fitter, or other person will be permitted to do
any plumbing or pipe fitting work in connection with the sewer system
without first receiving a license from the State of Wisconsin and
obtaining permission from the City Engineer or Building Inspector.
All service connections to the sewer main shall comply with state
plumbing code.
(5)
Grease, oil, and sand interceptors shall be provided by the industrial
user and shall be located as to be readily and easily accessible for
cleaning and inspection. In the maintaining of these interceptors,
the user 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 that are subject to review by the
City Engineer. Any removal and hauling of the collected materials
not performed by the user(s) personnel must be performed by currently
licensed disposal firms.
I.
Reporting criteria for nonresidential users.
(1)
The City reserves the right to require any nonresidential user to
submit quarterly to the City on forms provided by the City, a certified
statement of the characteristics of its industrial wastes discharged
in the sewers and treatment works of the City or to any sewers connected
to its treatment works. This statement shall be filed with the City
Engineer no later than the 10th day of the month following the quarter
for which the report is required. The City Engineer may require additional
certified statements at any time if, in his judgment, the same shall
be necessary to determine the source of materials which have been
found in the City sewer.
(3)
Should there be a difference in understanding between the City and
user as to the characteristics in this section, the City reserves
the right to use the City results from analyses for purposes of billing.
Should submission not be made during the ten-day period, the City
shall use its results from analyses for purposes of billing.
(4)
Whenever required by the City, the owner of any property serviced
by a building sewer that carries nonresidential wastewater or material
shall install a large manhole or sampling chamber in the building
sewer in accordance with plans and specifications which have been
submitted to and approved by the City Engineer. Such device shall
be installed and maintained at all times at the user's expense.
Such device shall have ample room in each sampling chamber to accurately
sample the wastewater effluent entering the sewer, and shall collect
composite samples for analyses. The chamber shall be safely, easily
and independently, of other premises and buildings of the user, accessible
to authorized representatives of the City at all times. The City shall
have exclusive access to such device, and no keys shall be in the
possession of any user or any agent of the user. Where construction
of such a device is not economically or otherwise feasible, the City
Engineer may approve alternate arrangements for sampling.
(5)
Each sampling chamber shall contain a Parshall flume, weir, or similar
device with a recording and totalizing register for measuring liquid
quantity; or the metered water supply to the industrial plant may
be used as measure of liquid quantity where it is substantiated by
the City Engineer that the metered water supply and waste quantities
are approximately the same or where a measurable adjustment agreed
to by the City Engineer is made in the metered water supply to determine
the liquid waste quantity.
(6)
Samples shall be taken periodically with such degree of frequency
as the City Engineer shall, in his discretion, determine. They shall
be properly refrigerated and composited in proportion to the flow
so as to present a representative twenty-four-hour sample. Such sampling
shall be done as prescribed by the City Engineer to insure representative
quantities for the entire reporting period. Minimum requirements for
determination of representative quantities or characteristics shall
include reevaluation during each twelve-month period. The determination
of representative quantities and characteristics shall include not
less than seven consecutive calendar days of twenty-four-hour composite
sampling taken during periods of normal operation, together with acceptable
flow measurements.
(7)
The sampling frequency, sampling chamber, metering device, sampling
methods, and analyses of samples shall be subject, at any time, to
inspection and verification by the City Engineer.
(8)
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this section shall be determined
in accordance with the Standard Methods for the Examination of Water
and Wastewater (latest edition) or with any other method approved
by the City.
(9)
The City may elect, at its option, to have the metering and sample
collection done by the industrial plant personnel and have composite
samples delivered to the City Engineer for analysis. This procedure
can also be terminated at any time by the City upon reasonable notice.
J.
Septic haulers.
(1)
Nonindustrial users hauling liquid wastes to the treatment plant
shall be assessed user charge unit charges for billable flow, billable
BOD, billable TSS; and billable phosphorous; the volume of which is
determined for each by the City Engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Application for septage disposal. Between August 1 and September
1 of each year every licensed disposer wishing to discharge septage
to the City sewerage system shall file a nonrefundable filing fee
and an application in writing to the City Engineer on such a form
as is prescribed for that purpose. During the months of July and August,
forms for such application will be furnished at the office of the
City Clerk. The application must state fully and truly the type, frequency,
quantity, quality and location of generated septage to be disposed
in the City sewerage system.
(a)
During the month of September, the City Engineer will evaluate
the applications and make a determination as to the amount and conditions
of septage disposal in the City sewerage system. The City shall approve
or reject all applications by October 1 of each year. If the City
cannot accept all the proposed septage disposal then consideration
shall be given first to those generators of septage that are within
the City's sewer service area [see § NR 205.07(2)(f)].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
All City approvals for septage disposal shall have the conditions
that any time the sewerage system has operational problems, maintenance
problems, or threat of WPDES permit violations that are indirectly
or directly related to septage disposal, the City may immediately
restrict septage disposal until such time as corrective action or
mitigative measures have been taken.
(4)
Septage acceptance location.
(a)
Septage shall only be discharged to the City's sewerage
system by City-approved and State of Wisconsin licensed disposers
and at locations, times, and conditions as specified by this article.
(b)
Septage and holding tank waste shall be discharged to the septage
receiving facility at the wastewater treatment facility and shall
be limited to the posted normal working hours of the facility. Documentation
of the discharge shall be submitted to the City Engineer within one
working day of the discharge to the septage receiving facility.
(c)
Forms as prescribed for the purpose of documentation of the
discharge will be furnished at the City Hall and will include the
following information:
[1]
Name, address and telephone number of the hauler;
[2]
License number;
[3]
Type of septage;
[4]
Quantity of septage;
[5]
Estimated quality of septage;
[6]
Location, date, time and feed rate of discharge to the sewer-age
system;
[7]
Source of septage;
[8]
Name and address of septage generator;
[9]
Other information as required by the City Engineer.
A.
Inspection rights. The Director of Public Works, or authorized designee
of the Director, bearing proper credentials and identification, shall
have the right to enter the premises of any user within the corporate
limits of the City, or outside the City if served by the sanitary
sewer of the City of Lake Mills, to determine whether the user is
complying with all requirements of this article or any wastewater
discharge permit or order issued hereunder. Users shall allow the
Director or authorized designee ready access to all parts of the premises
for the purposes of inspection, observing, measuring, sampling, and
testing, as may be required, in pursuance of the implementation and
enforcement of the terms and provisions of this article.
B.
Liability during inspections. While performing the necessary work on private properties referred to in Subsection A of this section, the duly authorized employees of the City shall observe all safety rules applicable to the premises established by the commercial or industrial user, and the user shall be held harmless for injury or death to the City employees, and the City shall indemnify the user against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions.
C.
Notwithstanding Subsection A, and as a standard to be used in evaluating requests for warrants under Subsection E, any inspections of private residences or those areas of commercial or industrial properties not open to the public shall be made only upon a showing of reasonable suspicion that the premises to be inspected is violating a provision of the sewer user ordinance.
(1)
Such inspections shall be confined to only those areas where violations
of the types that are suspected are likely to be found, unless a relevant
violation of the sewer user ordinance is in plain sight during any
such inspection.
(2)
Reasonable suspicion to inspect a particular, individual property
may be found under the totality of the circumstances, provided a reasonable
articulation of the facts and circumstances surrounding the decision
to inspect is articulated by the Director or authorized designee of
the Director to the owner or legal occupant of the property at the
time of the inspection, and at the time of making application for
an inspection warrant if consent is not given for the inspection by
the owner or legal occupant of the property.
D.
In the case of inspections solely for the purpose of confirming that
no sump pumps are unlawfully connected to the sanitary sewer, reasonable
suspicion to inspect a particular property may be found if the inspector
can articulate all of the following as the reasons for the inspection:
(1)
The home or other building connected to sanitary sewer has not been
inspected for the presence of sump pump connections to the sanitary
sewer for a period of at least three years.
(2)
The home or other building is located in a area that has been specifically
designated by the sewer utility supervisor as an area where it is
probable that adverse events, such as sewer backups into basements
or an overflow of sewerage, may occur during periods of high flows
if unlawful discharges from sump pumps to the sanitary sewer line
or lines in the designated area are allowed to occur.
(3)
The City Council of the City of Lake Mills has authorized inspections
for unlawful sump pump connections to the sanitary sewer in the specifically
designated area, and this authorization has been granted because the
Council found that the designated area has a characteristic, such
as lift stations or pumps, or a sewer main that has flows that are
nearing capacity on high flow days, or some other similar reason that
makes it probable that sewer backups or overflows will occur during
periods of heavy rains or heavy snow melt if unlawful sump pump discharges
are present in sewer lines in such designated area.
E.
If the Director or designee has been refused access to a building,
structure or property, or any part thereof that is the subject of
the inspection, the Director or designee may seek issuance of a special
inspection warrant, pursuant to Wisconsin Statutes § 66.0119,
from the Lake Mills Municipal Court if the property is located in
the City of Lake Mills, or from the Jefferson County Circuit Court
if the property is located in the Town of Lake Mills.
F.
In lieu of inspection by the City of Lake Mills, in the case of inspections
solely for the purpose of confirming that no sump pumps are unlawfully
connected to the sanitary sewer, any property owner may elect to hire
a plumber licensed in the State of Wisconsin to provide written certification,
which must be submitted to the sanitary sewer utility supervisor within
15 days of election, and if such written certification states that
no sump pumps are connected to the sanitary sewer, then the inspection
shall be considered completed.
A.
Notice of noncompliance. When the Director of Public Works, or authorized
designee, finds that a user has violated, or continues to violate,
any provision of this article, wastewater discharge permit, order
issued herein, or any pretreatment standard or requirement, the Director
or designee may serve upon that user a written notice of noncompliance.
Within 30 days of the receipt of this notice, an explanation of the
violation and a plan for satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the user
to the Director. Submission of this plan in no way relieves the user
of liability for any violations occurring before or after the receipt
of the notice of noncompliance. Nothing in this subsection shall limit
the authority of the Director to take any action, including emergency
actions or any other enforcement action without first issuing a notice
of noncompliance.
B.
Notification of violation. When the Director of Public Works, or authorized designee, finds that a user has violated, or continues to violate, any provision of this article, wastewater discharge permit, order issued herein, or any pretreatment standard or requirement, and has failed to provide an acceptable plan for corrective action as required in Subsection A of this section, the Director or designee may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by this user to the Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action without first issuing a notice of noncompliance.
C.
Consent orders. The Director of Public Works, or authorized designee, may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include a specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections D and E in this section and shall be judicially enforceable.
D.
Show cause hearing. The Director of Public Works, or authorized designee,
may order a user which has violated, or continues to violate, any
provision of this article, wastewater discharge permit, order issued
herein, or any pretreatment standard or requirement, to appear before
the Board of Public Works and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by certified mail (return
receipt requested) at least 10 days prior to the hearing. Such notice
may be served on any authorized representative of the user. A show
cause hearing shall not be a bar against, or prerequisite for, taking
any other action against the user.
E.
Compliance orders. When the Board of Public Works finds that a user
has violated, or continues to violate, any provision of this article,
wastewater discharge permit, order issued herein, or any pretreatment
standard or requirement, the Board may issue an order to the user
responsible for the discharge directing that the user to come into
compliance within a specified time period. If the user does not come
into compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices or other related appurtenances
are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or prerequisite
for, taking any other action against the user.
F.
Cease-and-desist orders. When the Director of Public works finds
that a user has violated, or continues to violate, any provision of
this article, wastewater discharge permit, order issued herein, or
any pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Director may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
(1)
Immediately comply with all requirements; and
(2)
Take such appropriate remedial or preventative action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
(3)
The issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
A.
The Director of Public Works may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge which unreasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The Director of Public Works
may also, after notice and opportunity to respond, immediately suspend
a user's discharge that threatens to interfere with the operation
of the wastewater treatment plant, or which presents, or may present,
an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a user's
failure to immediately comply voluntarily with the suspension order,
the Director of Public Works may take such steps as deemed necessary,
including immediate suspension order. The Director may take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the Wastewater Treatment Plant, its
receiving stream, or endangerment to individuals. The Director may
allow the user to recommence its discharge when the user has demonstrated
to the satisfaction of the Director that the period of endangerment
has passed, unless the termination proceedings under this section
are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause hearing under § 623-22D or prior to initiating termination proceedings under this section.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
In addition to the provisions of § 623-22 , any industrial or commercial user subject to pretreatment or a wastewater discharge permit who violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions;
B.
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
C.
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
D.
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling; or
A.
Injunctive relief. When the Public Works Director finds that a user
has violated, or continues to violate, any provision of this article,
wastewater discharge permit, order issued herein, or any pretreatment
standard or requirement, the Director may petition the Jefferson County
Circuit Court through the City Attorney or Special Prosecutor for
the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, order or other requirement imposed by this article
on activities of the user.
B.
The Director may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user
to conduct environmental remediation. A petition for relief shall
not be a bar against, or a prerequisite for, taking any other action
against the user.
C.
Civil penalties.
(1)
A residential sewer user who has violated, or continues to violate,
any provision of this article, wastewater discharge permit, order
issued herein, or any pretreatment standard or requirement, shall
be liable to the City of Lake Mills for a maximum civil penalty of
$1,000 per violation, per day. In the case of a monthly or other long-term
average discharge limit, penalties shall accrue for each day during
the period of violation.
(2)
A commercial or industrial sewer user who has violated, or continues
to violate, any provision of this article, wastewater discharge permit,
order issued herein, or any pretreatment standard or requirement,
shall be liable to the City of Lake Mills for a maximum civil penalty
of $10,000 per violation, per day. In the case of a monthly or other
long-term average discharge limit, penalties shall accrue for each
day during the period of violation.
(3)
The Director may recover reasonable attorneys' fees, court costs
and other expenses associated with enforcement activities including
sampling and monitoring expenses and the cost of any actual damages
incurred by the City of Lake Mills.
(4)
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation; corrective actions by the user, the compliance
history of the user and any other factors as justice requires.
(5)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
