[Adopted as §§ 4.01 to 4.16 and 4.18 of the Municipal Code]
The purpose of this article is to regulate the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, the discharge of waters and wastes into the public sewer system and the installation and construction of wells and pumps within the Village of Hales Corners.
Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows; "shall" is mandatory; "may" is permissive:
BOD (denoting biochemical oxygen demand)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BUILDING SEWER
The extension from the building to the public sewer or other place of disposal.
COMMISSION
The Public Works Commission.
DIRECTOR
The Director of Public Works, or his authorized deputy, agent or representative.
[1]
FOUNDATION DRAIN
A pipe or conduit receiving the discharge from the soil under and around the outside wall of a building.
GARBAGE
Solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial processes as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.[2]
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and which is controlled by the Village.
SANITARY SEWER
A sewer which carries sewage and from which stormwater, surface water and groundwater are specifically excluded and are never intentionally admitted.
SEWAGE
A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collection, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
STORM SEWER or STORM DRAIN
A sewer that carries stormwater and surface waters and drainage but excludes sewage and polluted and industrial wastes.
SUSPENDED SOLIDS
The solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
[1]
Editor's Note: The original definition of "District," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Throughout Art. I, references to "District" are amended to "Village."
[2]
Editor's Note: The original definition of "Plumbing Inspector," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Throughout this chapter, references to "Plumbing Inspector" are amended to "Director."
A. 
No person shall place, deposit or permit to be deposited upon public or private property within the Village, or in any area under the jurisdiction of the Village, any human or animal excrement (other than the normal type of fertilizer), garbage or other objectionable waste.
B. 
No person shall discharge into any natural outlet within the Village, or in any area under the jurisdiction of the Village, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with an order of the Village and the Plumbing Code.
The owner of any house, building or property used for human habitation, occupancy, employment, recreation, business or any other purpose, situated within the Village and abutting on any street, alley or right-of-way in which a public sewer is located, or in which the extension of the public sewer may be deemed feasible by the Commission, is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so.
No person shall carry on the business of plumbing or installation of plumbing or sewer connections or drain laying or do or perform any such work within the limits of the Village until he shall have first obtained a plumbing permit. No permit shall be granted unless such person shall have first obtained the plumber's license required by law and shall exhibit said license to the Director of Public Works.
A. 
"Private on-site wastewater treatment system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. The term also means an alternative sewage system approved by the Wisconsin Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.
B. 
Except as herein provided, no person shall construct or maintain any private on-site wastewater treatment system or other facility intended or used for the disposal of sewage or human excrement.
C. 
In the granting of any permit and in the regulation of any private on-site wastewater treatment system, the Village shall obtain the services of a certified soil tester either as an employee or under contract to review and verify certified soil tester reports pursuant to § 145.20(2)(d), Wis. Stats., which is incorporated herein by reference and made a part of this section.
D. 
Where a public sanitary sewer is certified by the Commission as not available to serve any house, building or property, the building sewer shall be connected to a private on-site wastewater treatment system complying with the State Plumbing Code, the rules and regulations and orders of the Commission, and the rules and regulations of the Wisconsin Department of Safety and Professional Services.
E. 
When a public sewer becomes available to a property served by a private on-site wastewater treatment system, a direct connection shall be made to the public sewer pursuant to § 354-4 and any septic tank, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village.
G. 
Additional requirements may be imposed by the certified soil tester, the Health Officer or Director in accordance with the standards imposed by § 145.02(2), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Director shall act under the direction of the Commission and have control of the supervision and inspection of drainage, drain laying and sewer connections and enforce all laws, ordinances and rules in relation thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director.
C. 
No private on-site wastewater treatment system shall be installed unless a permit has first been issued therefor by the Director. Before issuing a permit, the Director shall require evidence of absorption tests.
D. 
There shall be two classes of building sewer permits, for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Director.
E. 
No permit shall be issued to connect with the public sanitary sewer any lot, excavation or open basement. No permit shall be issued to connect any building with the sanitary sewer until such building is completely enclosed by roof, the outside wall backfilled to established grade, and all sanitary sewer lines within buildings that will be covered by basement floors have been inspected and approved by the Director and after the permanent floor is constructed in the basement. In buildings without basements, the permit shall be issued after the footing and the subfloor have been constructed.
F. 
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
G. 
A separate and independent building sewer shall be provided for every building.
H. 
Old building sewers may be used in connection with new buildings only when they are found on examination and test by the Director to meet all requirements of this article.
I. 
In all buildings where a foundation drainage system is provided and there is no natural drain for this subsurface water to drain into, the owner shall provide or build a suitable pit, minimum size 15 inches diameter by 30 inches deep, to collect all water that may enter the foundation drainage system; also, he shall install, operate and maintain a sump pump, cellar drainer or some suitable pump, and he shall pump this foundation water to a storm sewer or outside building to a natural drain or discharge point at least three feet from the foundation wall of the building. No person shall connect any foundation drainage system to the sanitary sewer system or willfully allow any sump pit to overflow into the basement floor drain that is connected to the sanitary sewer.
J. 
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Director. Pipelaying and backfill shall be performed in accordance with the State Plumbing Code except that no backfill shall be replaced until the work has been inspected.
K. 
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged into the building sewer at the expense of the building owner.
L. 
The connection of the building sewer into the public sewer shall be made at the Y branch. If no suitable Y branch is available, a neat hole may be cut into the public sewer to receive the building sewer with entry in the downstream direction at an angle of 45°. A forty-five-degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert connection made secure and watertight by encasement in concrete. Special connections may be used for connection only when approved by the Director. If the public sewer is broken or damaged in any manner by making a connection, the owner shall replace all damaged pipe in the public sewer at his expense.
M. 
The size and slope of the building sewer shall be subject to the approval of the Director, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/8 inch per foot.
N. 
Building sewer shall be so laid as to attain a seven-foot depth to the lot line, except where the public sewer main is less than seven feet deep and a lesser depth for the building sewer is determined by the Director.
O. 
Location of sanitary connections. No person except a licensed plumber shall be permitted to tap or make any connection with the general sewerage system or any part thereof. Such information as the Director, the Commission or its engineer may have with regard to the location of sewer junctions or slant will be furnished to plumbers, the Village assuming no risk as to accuracy of the same.
A. 
Before engaging in the plumbing or drain laying or receiving a permit to do such work, the applicant shall file with the Village Clerk a bond executed by a surety company licensed to do business in the State of Wisconsin, in the penal sum of $1,000. All bonds shall be approved as to form and execution by the Village Attorney and shall be approved by the Village Board as to sufficiency of sureties. The condition of such bonds shall be that the applicant shall indemnify and save harmless the Village and its officers, employees and agents against any and all injuries, damages, costs, expenses, outlays and claims resulting from or arising out of the performance of any work for which the permit is issued, or from the performance by the applicant or his employee or agent of any work incidental to or connected with such work; and further that the applicant shall pay all judgments, costs and charges which may be recovered against the Village or any of its employees, officers or agents, by reason of the performance of said work or in consequence of any work done by said applicant or his employees or agents pursuant to said permit, and further that the applicant shall replace and restore the pavement, macadamizing or any other surfacing over and upon any opening he may make in any highway, street, road, or any public way or public place, or any private lands over or through which there has been granted to the Village an easement for public sewers, and the applicant shall restore all such openings to as good a state and condition as he found it, and keep and maintain the same in good order to the satisfaction of the Village Board for a period of three months following the date of the final inspection by the Director. Such bond shall remain in force until the expiration of any permit or permits issued during the term of said bond, except that on expiration the bond shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration. Bonds in compliance with the foregoing provisions shall be executed and filed annually on or before January 1 each year, and no permit shall be in force until such bond is so filed and has been approved as provided herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
A certificate of insurance from a plumbing association recognized by the Public Works Commission may be accepted in lieu of such bond.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, air-conditioning water, or unpolluted industrial process waters into any sanitary sewer.[1]
[1]
Editor's Note: See also §§ 185-8E(2) and 185-28B of Ch. 185, Building Construction.
B. 
Stormwater and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers or into a natural outlet approved by the Director.
C. 
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:
(1) 
Any liquid or vapor having a temperature higher than 150° F.
(2) 
Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.
(3) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(4) 
Any 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.
(5) 
Any garbage that has not been properly shredded.
(6) 
Any waters having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(7) 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.
(8) 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(9) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
D. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing such substance in excessive amounts, or any flammable wastes and other harmful ingredients, except that such interceptors shall not be required for private living quarters of dwelling units. All interceptors shall be of a type and capacity approved by the State Department of Safety and Professional Services and shall be located as to be readily and easily accessible for cleaning and inspection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
F. 
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight, or containing more than 350 parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described in Subsection C of this section, or having an average daily flow greater than 2% of the average daily sewage flow of the Village, shall be subject to the review and approval of the Director. Where necessary in the opinion of the Director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million by weight, or reduce objectionable characteristics or constituents to within the maximum provided for in Subsection C of this section, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval to the State Department of Safety and Professional Services and the Commission. No construction of such facilities shall be commenced until said approvals are obtained, in writing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. 
When required by the Director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
I. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole, consistent with Milwaukee Metropolitan Sewerage District (MMSD) rules and as performed by MMSD personnel.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Village and any concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor by the industrial concern.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover or tamper with any sewer, structure, appurtenance, or equipment which is a part of the municipal sewage works.
The Wisconsin State Plumbing Code, Chapters SPS 381 to SPS 387, Wisconsin Administrative Code, so far as applicable, is adopted by reference and made a part of this article. A violation of such chapters shall be a violation of this article. However, pursuant to the authority of § 281.45, Wis. Stats., the Village Board hereby determines that it has not elected to require connection to a water main by abutting properties used for human habitation in the R-1, R-2 and R-3 residentially zoned districts.
The rules of the Milwaukee County Metropolitan Sewerage Commission are adopted by reference and made a part of this article. A violation of such rules shall be a violation of this article.
The Director of Public Works, and his agents bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article.
A. 
Purpose. Safeguarding of the water used for drinking and domestic purposes is fundamental to protection of public health, necessitating taking every reasonable precaution to prevent water pollution. This section seeks to prevent water pollution of the water used for drinking and domestic purposes within the Village.
B. 
Adoption of state codes. The provisions and regulations contained in the Wisconsin State Well Construction and Pump Installation Code, Ch. NR 812, Wisconsin Administrative Code, adopted by the Wisconsin Department of Natural Resources and such rules and regulations as may be adopted by said Department shall extend over and govern all well constructions and pump installations in the Village.
C. 
Permit. Any person who shall construct a well or install a pump intended or used for supplying water for human consumption shall obtain a permit to perform said work from the Director of the Village.
D. 
Community wells. Any water system designed to serve more than two residences or business establishments shall be approved by the following administrative officials:
(1) 
The Village Attorney for his inspection of the form of agreement to assure the protection of the Village and the users of the system; the Village Engineer to assure adequacy of the water mains, safeguarding of the public roads, protection against fire, and convertibility to public use; the Director to assure compliance with this article; and the Public Works Commission to consider the matter and formulate a recommendation for the Village Board.
(2) 
Final approval shall be required from the Village Board.
E. 
Director may revoke permit. If the Director shall find at any time that this section is not being complied with, he shall revoke the permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work upon such well or pump until the permit is reissued, excepting such work as the Director shall order to be done as a condition precedent to the reissuing of the permit.
[Amended 5-13-2002 by Ord. No. 02-07; 8-12-2013 by Ord. No. 13-5]
Before receiving a permit, the owner or his agent shall pay the required fee. The fees referred to in other sections of this article shall be established by the Village of Hales Corners and may from time to time be modified by resolution of the governing body. A schedule of the fees established by the Village of Hales Corners shall be available for review in the office of the Village Clerk.
A. 
No sewage holding tanks shall be permitted for any new residential construction.
B. 
Sewage holding tanks will be permitted for existing residential use after a determination has been made by the Public Works Commission that:
(1) 
No connection to a public sewer is available;
(2) 
The existing septic sewage disposal system upon the premises is inoperative based on percolation tests and boring tests and does not meet the requirements of the Wisconsin State Administrative Code;
(3) 
The construction of a new septic sewage disposal system upon the premises would not meet the requirements of the Wisconsin State Administrative Code;
(4) 
The building site is located within a plotted subdivision; and
(5) 
Such sewage holding tank shall remain in use only for such period of time as it can be abandoned in favor of a connection to a public sewer or to another permanent method of sewage disposal meeting the requirements of the Wisconsin State Administrative Code.
C. 
A permit from the Director shall be required for the installation of any allowable sewage holding tank.
D. 
The owner of any premises whereon is located a sewage holding tank shall be responsible for its operation and maintenance so that it does not cause any detriment to the health or welfare to the occupants of the premises or to any neighbors.
Any person who shall violate any provisions of this article or any order, rule or regulation issued hereunder shall be subject to a penalty as provided in § 1-4 of this Village Code.