Chapter 470 Sewers

Within the City, the owner of each parcel of land adjacent to a public sewer main on which there exists a building used or usable for human habitation or in a block through which such system is extended, shall connect to the sewer system within 120 days of notice in writing from the City. Upon failure to do so, the City may cause such connection to be made and bill the property owner for all such costs. If such costs are not paid within 30 days, such cost shall constitute a special tax lien against the property, in the manner provided by law. However, the owner may, within 30 days after the completion of the work, file a written election with the City stating that the owner cannot pay such amount in one sum and ask that the sum be levied in five or less equal installments. The amount shall be collected with interest at a rate not to exceed 15% per annum from the date of completion of the work, all as determined by City. The unpaid balance shall constitute a special tax lien, all pursuant to § 281.45, Wis. Stats., as amended.

In lieu of the above, the City, at their option, may impose a penalty for the period that the violation continues after 10 days of written notice to any owner failing to make a connection to the sewer system. The penalty shall be in the amount of a minimum of $10 per day. Upon failure to make such payment, said penalty shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats., as amended.

This section ordains that any such failure to connect to the sewer system is contrary to the minimum health standard of the City and fails to assure preservation of public health, welfare, comfort and safety; and that such failure constitutes a public nuisance under § 823.02, Wis. Stats., as amended, subject to abatement as provided for herein.

New connections and reconnection.

New connections to the wastewater treatment works will be allowed only if there is available capacity in all of the downstream facilities, including, but not limited to, capacity for flow, BOD, suspended solids, and phosphorus, as determined by the Director.

All sewer service laterals in areas subject to river flooding shall have a shut off valve installed at time of connection or reconnection. During flood events if it is determined that flood water is entering the sewerage system via a service lateral, the service lateral shall be turned off until the flood waters are no longer at a level to enter the sewerage system.

Work authorized. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb the sanitary sewer or appurtenance thereof without first obtaining a written permit from the Director. Said permit shall be requested at least two business days' prior to making said connection.

Service connection permit.

Applications for permits shall be made by the owner or authorized agent and the party employed to do the work, and shall state the location, name of owner, address of the building to be connected, and how the building is to be occupied. No person shall extend any private building drain beyond the limits of the building or property for which the service connection permit has been granted. The permit application shall be accompanied by a permit and inspection fee in the amount shown in the Permit and Fee Schedule.

Classes of permits.

There shall be two classes of building sewer permits, including:

[1]

For service to residential and commercial buildings; and

[2]

For service to establishments producing industrial wastes.

In either case, the application shall be supplemented by any plans, specifications, or any other information considered pertinent in the judgment of the Director. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.

Sewer connection fee. Each new connection to the wastewater treatment works shall be assessed a sewer connection fee to offset the capital cost of providing sewer service. For all development, whether in the form of new subdivisions, commercial development or such other development, at the time a building permit is issued for construction requiring installation of a water meter or expansion of an existing water meter or at the time of the installation of a new water meter or expansion of an existing water meter under circumstances in which a building permit is not required, the sewer service connection fee shall be paid in full. Rates which are in effect at the time of issuance of a sewer service connection permit will be applied. Payment of the connection fee for sewer service shall be the responsibility of the owner of record of the property at the time of application for the sewer service connection. Permit fees shall be paid at the Prescott municipal utility office. The connection fee for sewer services will be based on the number of residential living units with properties paying the fee for each living unit. Single family homes will pay one fee, duplexes two, etc. The amount of said fee is set by the approving authority and shown in the Permit and Fee Schedule. Any new connection requiring excavation within the street right-of-way will also be assessed a street opening fee to offset the cost of work within said right-of-way. A new connection requiring the use of a lift station shall be assessed a lift station fee to offset the capital cost of providing the lift station service.

In addition to this fee being imposed upon new subdivisions and commercial development, it shall be imposed upon each of the following types of development:

New residential, commercial, industrial, and institutional development which does not require the subdivision of land under Ch. 236, Wis. Stats., or City ordinances and which development requires connection to the municipal sewer system.

Pre-existing development on land which was formerly located in a town adjoining the city, which developed land is annexed to the city and is required or requested to be connected to the municipal sewer system.

A development shall be deemed to be "connected" to the public water system for purposes of this section at such time as when a water meter is first installed or when an expanded water meter, in the case of existing development, is installed.

Cost of sewer connection. All costs and expenses incident to the installation and connection of the sewer service lateral shall be borne by the person making the connection.

Use of old sewer service laterals. Old sewer service laterals may be used in connection with new buildings only when they are found, on examination and test by the Director, to meet all requirements for this chapter.

Materials and methods of construction. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and back filling the trench shall conform to the requirements of the municipality's building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9 shall apply.

Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means approved by the Director and discharged to the building sewer.

Stormwater and groundwater drains.

No person shall make connection of roof downspout, exterior or interior foundation drains, groundwater sump baskets or pumps, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which is connected directly or indirectly to a sanitary sewer.

All existing downspout or groundwater drains, etc., connected directly or indirectly to a sanitary sewer, shall be disconnected within 60 days of the date of an official written notice from the Director.

Conformance to plumbing codes. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the municipality or the procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9. All such connections shall be made gastight and watertight. The Director, before installation, must approve any deviation from the prescribed procedures and materials.

Inspection connection. The person making a connection to a public sewer shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the Director.

Barricades and restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Director.

Service connection installer license. No person shall make a service connection with any public sewer unless regularly licensed under this section to perform such work, and no permit shall be granted to any person except such regularly licensed person.

Service connection installer license application. Any person desiring a license to make service connections with public sewers shall apply, in writing, to the Business Manager with satisfactory evidence that the applicant or employer is trained or skilled in the business and qualified to receive a license. Said application shall be accompanied by a service connection license fee as established by the approving authority and shown in the Permit and Fee Schedule. All applications shall be referred to the Director for recommendation. If approved, such license shall be issued by the Business Manager upon the filing of a bond as hereinafter provided. All licenses shall expire on December 31 of the current calendar year unless the license is suspended or revoked for cause.

Service connection installer bond. No license shall be issued to any person until a bond to the City is filed with the Business Manager in the amount specified in the Permit and Fee Schedule. Said bond shall be conditioned that the licensee will indemnify and save harmless the City from all suits, accidents, and damage that may arise by reason of any opening in any street, alley, or public ground made by the licensee or by those in the licensee's employment for any purpose whatever, and that the licensee will replace and restore the street and alley over such opening to the condition existing prior to the installation, adequately guard with barricades and lights and will keep and maintain the same to the satisfaction of the Director, and shall conform in all respects to the rules and regulations of the City relative thereto, and pay all fines that may be imposed on the licensee by law.

License suspension and revocation. The Director may suspend or revoke any license issued under Subsection N for any of the following causes:

Giving false information in connection with the application for a license.

Incompetence of the licensee.

Willful violation of any rules or regulations pertaining to the making of service connections.

§ 470-4 Use of public sewers.

All industrial users discharging industrial waste water to the sewerage system shall install a control manhole in accordance with Ch. COMM 82 Wis. Adm. Code. The control manhole shall be installed at the most representative location of the waste water flow for the industrial user. The control manhole shall be installed and maintained by the industrial user at the user's expense. The control manhole shall be maintained by the industrial user so as to be safe and accessible at all times. The industrial user may be required to install temporary or permanent flow sampling and metering equipment at the discretion of the City. If so required, the cost for installation, operation, and maintenance of such equipment will be at the expense of the industrial user.

All significant industrial users discharging industrial waste water to the sewerage system shall install a control manhole in accordance with Ch. COMM 82 Wis. Adm. Code. The control manhole shall be installed at the most representative location of the waste water flow for the significant industrial user. The control manhole shall consist of a manhole on the industrial users discharge line with a volume measuring device and a separate structure housing volume recording instruments and an automatic proportional sampler. The sampler shall automatically (in proportion to the discharge volume) collect samples of the waste water. The control manhole structure, volume measuring devices, and waste sampling devices, shall be approved by the DNR and the City prior to installation. The significant industrial user shall install, operate, and maintain the control manhole, metering facilities, and sampling facilities at its own expense. The significant industrial user shall record volume at its own expense. The significant industrial user shall record, sample, test, and analyze waste water flow and character atits own expense. The City shall determine the level of waste water analysis, including the frequency thereof, which will be required for each significant industrial user on a case by case basis. Sample collection, preservation, and analysis shall be in accordance with Chs. NR 218 and NR 219 Wis. Adm. Code. The significant industrial user shall grant access to the City to the control manhole, and all associated metering and sampling equipment, at all times.

Service agreements. In the event an industrial user discharges industrial wastewater constituting a substantial portion of either the design flow capacity or the BODS, TSS, or phosphorus capacity of the sewage treatment facility, as defined in the Compliance Maintenance Report (CMAR) filed by the city with the DNR, then a service agreement between the industrial user and the city shall be executed. Service agreements shall be required when an industrial user discharges industrial wastewater that comprises 10% or more of the average day design flow, or 10% or more of the average daily design BODS, TSS, or total phosphorus load for the sewage treatment facility. The service agreement shall assure continued participation in capital recovery by the industrial user over the life of the agreement. Should the industrial user eliminate its discharge, the City at its option may elect to assign to another user that portion of the design capacity of the sewage treatment facility and associated capital costs thereby relieving the industrial user of continued financial participation.

Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.

Storm sewers. Stormwater and all other unpolluted water shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Director and other regulatory agencies. Unpolluted industrial cooling water or process water may be discharged, on approval of the Director and other regulatory agencies, to a storm sewer, combined sewer, or natural outlet.

Prohibitions and limitations. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, that could injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment facility.

Any waters or wastes having a pH lower than 6.0, or in excess of 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment works.

[Amended 6-12-2017 by Ord. No. 03-17]

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater treatment works, such as, but not limited to, flushable wipes, feminine hygiene products or packaging, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(5)

The following described substances, materials, waters, or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process, or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger lives, limbs, public property, or constitute a nuisance. The Director may set limitations more stringent than those established below if such more stringent limitations are necessary to meet the above objections. The Director will give consideration to the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sanitary sewers, the wastewater treatment facility, and other pertinent factors. The limitations or restrictions on materials or characteristics of wastes or wastewaters discharged to the sanitary sewers which shall not be exceeded without the approval of the Director are as follows:

Wastewater having a temperature higher than 150° F. (65° C.).

Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

(c)

Wastewater from industrial plants containing floatable oils, fat or grease.

(d)

Any unground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

(e)

Any waters or wastes containing iron, chromium, copper, zinc, and other toxic and nonconventional pollutants to such degree that the concentration exceeds levels at the point of municipal treatment facilities discharge as specified by federal, state and local authorities.

(f)

Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority or limits established by any federal or state statute, rule, or regulation.

(g)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state or federal regulations.

(h)

Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(i)

Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(j)

Any water or waste which includes unused medicines or medications.

(k)

Materials which exert or cause:

[1]

Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.

[2]

Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

[3]

Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).

[4]

Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(l)

Incompatible pollutants in excess of the allowed limits as determined by local, state and federal laws and regulations in reference to pretreatment standards developed by the Environmental Protection Agency, 40 CFR 403, as amended from time to time.

WPDES permit. No person shall cause or permit a discharge into the sanitary sewers that would cause a violation of the City's WPDES permit and any modifications thereof.

Special arrangements. No statement contained in this chapter shall be construed as prohibiting any special agreement between the Director and any person whereby a waste of unusual strength or character may be admitted to the wastewater treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the City without recompense by the person; and further provided that all rates and provisions set forth in this chapter are recognized and adhered to.

Submission of basic data. The Director may require each person who discharges or seeks to discharge industrial wastes to a public sewer to prepare and file with the Director, at such times as he determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater treatment facilities. In the case of a new connection, the Director may require that this report be prepared prior to making the connection to the public sewers.

Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in this section, and which in the judgment of the Director have a deleterious effect upon the wastewater treatment facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the Director may:

Reject the wastes;

Require pretreatment to an acceptable condition for discharge to the public sewers;

Require control over the quantities and rates of discharge; and/or

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.

Control manholes.

Each person discharging industrial wastes into a public sewer shall, at the discretion of the Director, construct and maintain one or more control manholes or access points to facilitate observation, measurement, and sampling of wastes, including sanitary sewage.

Control manholes or access facilities shall be located and built in a manner acceptable to the Director. If measuring and/or sampling devices are to be permanently installed, they shall be of a type acceptable to the Director.

Control manholes, access facilities, and related equipment shall be installed by the person discharging the waste, at his expense, and shall be maintained by him so as to be in safe condition, accessible, and in proper operating condition at all times. The Director prior to the beginning of construction shall approve plans for installation of the control manholes or access facilities and related equipment.

Measurement of flow. The volume of flow used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Department of Public Works except as noted in Subsection M.

Metering of waste. Devices for measuring the volume of waste discharged may be required by the Director if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person discharging the wastewater. Following approval and installation, such meters may not be removed without the consent of the Director.

Waste sampling.

Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the industry as often as may be deemed necessary to the Director.

Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Director.

Installation, operation and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the Director. Access to sampling locations shall be granted to the Director or his duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.

Pretreatment.

Persons discharging industrial wastes into any public sewer that cause or may cause a violation of the City's WPDES permit may be required to pretreat such wastes, if the Director determines pretreatment is necessary to protect the wastewater treatment facilities or prevent the discharge of incompatible pollutants.

In that event such person shall provide, at his expense, such pretreatment or processing facilities as may be determined necessary to render wastes acceptable for admission to the sanitary sewers.

Grease, oil and sand interceptors. Grease, oil, and sand interceptors shall be provided in accordance with State Plumbing Code. Interceptors are necessary for the proper handling of liquid wastes containing floatable grease in amounts in excess of those specified in this chapter, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the State Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which shall be submitted annually for review by the Director. Disposal of the collected materials performed by the owner's personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources (DNR) rules and regulations.

Analysis.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of standard methods and with the federal regulations of 40 CFR 136, "Guidelines Establishing Test Procedures for Analysis of Pollutants," as amended from time to time. Sampling methods, location, time, durations, and frequencies are to be determined on an individual basis subject to approval by the Director.

§ 470-5 Establishment of sewer service charge system.

Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or the person's agent, as designated and required by the Director. The Director may also make his own analyses on the wastes, and these determinations shall be binding as a basis for sewer service charges.

Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or grease and/or sand interceptor facilities shall be submitted for review and approval of the Director prior to the start of construction if the effluent from such facilities is to be discharged into the public sewers. No construction of such facilities shall commence until said approval has been granted.

Definitions. The following terms shall have the following meaning under this subsection.

DEBT SERVICE CHARGES

All costs associated with repayment of debt incurred for the construction and/or rehabilitation of the wastewater collection system and treatment facility.

MEASUREMENT

The unit of volume measurement for wastewater or other wastes discharged into the City sewerage system shall be 1,000 gallons, United Stated Liquid Measure. The unit for assessing costs with respect to strength wastewater parameters shall be avoirdupois pounds.

NORMAL DOMESTIC STRENGTH WASTEWATER

Wastewater with concentrations of CBOD, suspended solids, nitrogen and phosphorus greater than 200, 200, 50 and 12 milligrams per liter (mg/l), respectively.

NORMAL USER

A user whose contributions to the sewerage system consist only of normal domestic strength wastewater originating from a house, apartment, flat, or other living quarters occupied by a person or persons constituting a distinct household, business or commercial enterprise.

OPERATION AND MAINTENANCE COSTS

All costs associated with the operation and maintenance of the sewerage system, including, but not limited to, administrative costs and expenses.

POLICY

It shall be the policy of the City to obtain sufficient revenues to pay the costs of the operation and maintenance of the sewerage system including debt service and replacement.

REPLACEMENT COST

All costs necessary to replace equipment as required to maintain capacity and performance during the design life of the sewerage facilities. When required by appropriate authority having jurisdiction thereof, separate, segregated, distinct replacement fund shall be established and used only for replacement of equipment.

RESTAURANT STRENGTH WASTEWATER

All restaurants within the City shall be charged under the provisions provided herein.

SEWER SERVICE CHARGE GENERALLY

Charges to each user shall be based on wastewater parameters established from time to time by the City Council. The sewer service charges shall consist of the sum of the annual debt service charges, all annual operation and maintenance costs, all replacement costs, and all sewer service charges levied.

SEWER SERVICE CHARGES

A sewer service charge is hereby imposed upon each lot, parcel of land, building, or premise served by the public sewer or otherwise discharging sewage, including industrial wastes, into the public sewerage system. Such sewer service charge shall be payable as hereinafter provided and an amount determined as follows:

Category A. Service charges shall be imposed on each user whose water use is metered and whose sewer discharges are normal domestic strength wastewater. The Category A sewer charge is of the following form:

	Type	Equal to:
	Service charge	A flat rate based on the size of the water meter
	Volume charge	The volume of metered water in thousands of gallons multiplied by the volume rate
	Volume rate	The volume unit price for sewer service expressed in dollars per 1,000 gallons, as determined by the City

Category B. Service charges shall be imposed on each user whose water use is not metered and whose sewage discharges are normal domestic strength wastewater. The Category B sewer charge shall be of the form as follows:

	Type	Equal to:
	Service Charge	Equivalent residential units ("ERU's") multiplied by the equivalent residential unit rate ("ERU Rate")
	A Single ERU	A single family residential dwelling unit that discharges normal domestic strength wastewater
	ERU Rate	The average cost of providing wastewater service to a residential customer for one calendar quarter, plus proportional share of the administrative and billing costs of the City

No one shall be assigned less than one ERU. The number of residential unit equivalents for nonresidential users shall be as determined by the City from time to time:

Category C. Service charges shall be imposed on users whose sewage discharges are high strength wastewater having organic concentrations of carbonaceous biochemical oxygen demand (CBOD) greater than 200 milligrams per liter (mg/l) and/or suspended solids greater than 200 milligrams per liter (mg/l) and/or total Kjeldahl nitrogen (TKN) greater than 50 milligrams per liter (mg/l) and/or phosphorus greater than 12 milligrams per liter (mg/l). The minimum Category C service charge shall be based on a concentration of 200 mg/l CBOD, 200 mg/l suspended solids, 50 mg/l TKN and 12 mg/l phosphorus. The form of the Category C sewer charge is as follows:

	Type	Equal to:
	Service charge	A flat rate based on the size of the water meter
	Volume charge	The volume of metered water in thousands of gallons multiplied by the volume rate
	Volume rate	The volume unit price for sewer service expressed in dollars per 1,000 gallons, as determined by the Council
	High strength surcharge	The excessive CBOD, suspended solids, TKN and phosphorus, multiplied by the respective CBOD, suspended solids, TKN and phosphorus rates. The excessive CBOD, suspended solids, TKN and phosphorus are the portions of each of these constituents that are in excess of normal domestic strength wastewater. The excessive amounts of CBOD, suspended solids, TKN and phosphorus are expressed in pounds and their respective rates are expressed in dollars per pound

Category D. Service charges shall be imposed on such restaurant users as provided herein whose sewage discharges are defined herein as complex restaurant wastewater. The Category D sewer charge is as follows:

	Type	Equal to:
	Service charge	A flat rate based on the size of the meter
	Restaurant volume charge	The volume of water metered in thousands of gallons multiplied by the restaurant volume rate.

§ 470-6 Administration.

Reassignment of categories of sewer users. The City may reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs and other related information indicate a change of categories is necessary or otherwise required.

Rate determinations.

The City Council shall determine each year, the rates referred to in this ordinance hereof; and

City shall have the right to amend, modify, adjust or change the rates at any time and from time to time.

Additional charges.

The sewer service charges established in this section shall not prevent the assessment of additional charges to users who discharge wastes of unusual character, or contractual agreements with such users, as long as the following conditions are met:

The user pays operation and maintenance costs in proportion to the user's proportionate contribution of wastewater flows and loadings to the treatment works and no user is charged at a rate less than a Category A user.

The measurement of such wastes are conducted according to the latest edition of standard methods in a manner acceptable to the Director as provided in this chapter.

A study of unit costs of collection and treatment processes attributable to flow, BOD, TSS, phosphorus, and other significant loadings shall be developed for determining the proportionate allocation of costs to flows and loadings for users discharging Category B wastes or wastes of unusual character.

Disposal of septic tank sludge and holding tank sewage.

No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewer unless a permit for disposal has been first obtained from the Director. Written application for this permit shall be made to the Director and shall state the name and address of the applicant; the number of its disposal units; and the make, model, and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a disposal permit fee, the amount of which shall be set by the approving authority and shown in the Permit and Fee Schedule. The time and place of disposal will be designated by the Director. The Director may impose such conditions as he deems necessary on any permit granted.

Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount shown in the Permit and Fee Schedule to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.

All materials disposed of into the treatment system shall be of domestic origin or compatible pollutants only, and the person(s) agrees that he will comply with the provisions of any and all applicable ordinances of the City, and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids, of other deleterious substances into the public sewers, nor allow any earth, sand, or other solid material to pass into any part of the wastewater treatment facilities.

Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater treatment facilities shall be charged in accordance with the rates established by the Sewer Service Charge Rate Schedule. The load charge and volume charge listed in said schedule shall be used unless permittee or Director can document the characteristics of the waste through laboratory analysis. In this event, costs shall be based on the Category B sewer service charge rates plus the load charge, which is in lieu of a customer service charge.

(5)

The person(s) disposing wastes agrees to indemnify and hold harmless the municipality from any and all liability and claims for damages arising out of or resulting from work and labor performed.

Annual report to Council.

The Business Manager shall maintain a proper system of accounts suitable for determining the operation and maintenance, equipment replacement, and capital-related costs of the wastewater treatment works, and shall furnish the approving authority with a report of such costs annually in October.

The approving authority shall annually determine whether or not sufficient revenue is being generated for the effective operation, maintenance, replacement, and management of the wastewater treatment works, and whether sufficient revenue is being generated for capital-related purposes. The approving authority will also determine whether the user charges are distributed proportionately to each user in accordance with Article 7, Section 702 and Section 204(b)(2)(A) of the Federal Water Pollution Control Act, as amended.

§ 470-7 Right of entry, safety and identification.

The approving authority shall thereafter, but not later than the end of the year, reassess and, as necessary, revise the sewer service charge system then in use to insure the proportionality of the user charges and to insure the sufficiency of funds to maintain the capacity and performance to which the facilities were constructed, and to accommodate the capital needs of the system.

Annual notification. In accordance with federal and state requirements, each user will be notified annually, in conjunction with a regular billing, of the portion of the sewer service charge attributable to operation, maintenance and replacement.

Recordkeeping compliance. In accordance with federal and state requirements, the Business Manager shall be responsible for maintaining all records necessary to document compliance with the sewer service charge system adopted.

Calculation of sewer service charges. Sewer service charges shall be computed according to the rates and formula presented in this chapter and supporting documents.

Sewer service charge billing period. Sewer service charges shall be billed by the City to the sewer users on a quarterly basis.

Payment of sewer service charges. Those persons billed by the City for the sewer service charges shall pay such charges within 30 days after the billing date at the City Hall.

Penalties. Such sewer service charges levied by the City against the sewer users in accordance with this chapter shall be a debt due to the City and shall be a lien upon the property. If this debt is not paid within 30 days after it shall be due, it may be deemed delinquent and shall be placed, together with such penalties as provided by statute and the Sewer Service Charge Rate Schedule, on the next year's tax roll and be collected as other taxes are collected. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

Right of entry. The Director or other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, or testing, all in accordance with the provisions of this chapter.

Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized City employees shall observe all safety rules applicable to the premises established by the owner or the occupant.

Identification; right to enter easements. The Director or duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of such easement.

§ 470-8 Violations and penalties.

Public nuisance. The violation of any provision of §§ 470-1 through 470-4, inclusive, or § 470-7 hereof, shall constitute a public nuisance as that term is defined in the Municipal Code.

Abatement of nuisance; no immediate danger. If it is determined that a public nuisance has been created, or is being maintained, by violation of this chapter (as set forth hereinabove), but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, within the period of time stated in said notice, abate the nuisance and permanently cease all violations.

Abatement of nuisance; immediate danger. If it is determined that a public nuisance caused by the violation of this chapter exists, and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the Director, Business Manager, and/or the Chief of Police may cause the same to immediately be abated, and charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be, if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater treatment facility and/orreceiving body of water shall, in addition to a fine, pay an amount to cover any damages, both values to be established by the Director.

Penalty for violation. Any person who violates any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code of Ordinances which section is, by this reference, made a part hereof as if fully set forth herein.

Liability to City for losses. Any person violating any provisions of this chapter shall, in addition to any penalty or fine which may be assessed against him, become liable to the City for any expense, loss, or damage occasioned by reason of such violation which the City may suffer as a result thereof.

§ 470-9 Appeals.

Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders, made by the Director interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Director a written request for reconsideration within 10 days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The Director shall render a decision on the request for reconsideration to the user, permit applicant, or permit holder, in writing, within 15 days of receipt of request.

If the ruling on the request for reconsideration made by the Director is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the approving authority. Said appeal shall be filed with the Business Manager and shall be accompanied by an appeal fee, per the Permit and Fee Schedule. This fee may be refunded if the appeal is sustained in favor of the appellant.

The written appeal shall be heard by the approving authority within 30 days from the date of filing. The approving authority shall make a final ruling on the appeal within 45 days from the date of filing.

§ 470-10 Audit, notification and records.

Annual audit. The approving authority shall review, annually, the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater treatment facilities, and the sewer service charge system. Based on this review, the approving authority shall revise the sewer service charge system, if necessary, to accomplish the following:

Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users;

Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater treatment facilities; and

§ 470-11 Regulations for sewer construction and connection; rates.

Apply excess revenues collected from a class of users to the operation and maintenance expenses attributable to that class of users for the next year and adjust the sewer service charge rates accordingly.

Annual notification. The approving authority shall notify it sewer users annually about the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses and debt service costs of the wastewater treatment facilities. The notification shall occur in conjunction with a regular bill.

Records. The approving authority shall maintain records regarding wastewater flows and loadings, costs of the wastewater treatment facilities, sampling programs, and other information which is necessary to document compliance with 40 CFR 35, Subpart E of the Clean Water Act.

Application for service. Every person desiring to make connection with the public sewer system in the City shall file an application with the Common Council on forms prepared and furnished by the City. No person shall make any connection whatever with the sewer system without first having made application for and been granted a permit to do so as herein provided.

Permit. If, upon filing of the sewer service application, it appears that the purposes for which sewer connection is applied for are consistent with the purpose for which the sewer system was installed, and if it further appears that such proposed connection shall not injure or interfere with operation of the sewer system, and if the plan of construction and materials proposed to be used in the construction thereof shall be in conformity with this chapter and the regulations of the State Department of Safety and Professional Services, the City shall grant such permit to the applicant upon payment of the inspection fee as prescribed in the City's fee schedule. There will be a two-year limit on such sewer and water permits.

Connection. No person, other than a designated employee of the City, shall tap or make any perforation or opening in any sewer drain or service pipe within the boundaries of any street, avenue, alley or public grounds in the City without first having obtained permission from the City. No person, including a designated employee of the City, shall make any connection without first having ascertained that a permit has been granted to the property owner or occupant desiring such connection and all fees relative to such connection have been first paid to the City Clerk.

Basement construction. No person shall build any basement or cellar along any line of sewer which shall be lower than can be properly drained into sewer the system. Every person intending to build a basement or cellar along any line of sewer shall first ascertain from the Director of Public Works the depth of cellar allowable and shall have his plans of construction approved by the Director of Public Works.

Inspection. All sewers which shall hereafter be laid, relaid or repaired shall be subject to inspection by the Director of Public Works or such employee as the City may designate, and the person who is causing the same to be laid, relaid or repaired, as well as the person laying or repairing the same shall give such employee all reasonable facilities for so inspecting the laying, relaying or repairing thereof. All work in connection therewith shall be laid, relaid or repaired according to the Director of Public Work's directions or other City employee's directions.

Excavation. No sewer shall be put into the same excavation or opening with any water or gas pipe. Such pipe shall be far enough from all other pipes to admit the repair lot removal or relaying of sewer pipes without disturbing any other pipe and shall otherwise be in conformity with the regulations of the State Department of Safety and Professional Services.

Rules relative to sewer connections. The following rules shall be observed and carried out in all work relative to sewer connections:

Connections with sewers shall be made at the branches and with slant already put in by the City, if any.

Any new connections made shall be made by properly placing a wye branch in the line of the sewer.

All connection pipes shall be laid in a true line from the sewer to the curb in an open trench and before any filling is done.