[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:
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.
The extension from the building to the public sewer or other
place of disposal.
The Public Works Commission.
The Director of Public Works, or his authorized deputy, agent
or representative.
[1]A pipe or conduit receiving the discharge from the soil under
and around the outside wall of a building.
Solid wastes from the preparation, cooking, and dispensing
of food, and from the handling, storage and sale of produce.
The liquid wastes from industrial processes as distinct from
sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.[2]
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.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by the Village.
A sewer which carries sewage and from which stormwater, surface
water and groundwater are specifically excluded and are never intentionally
admitted.
A combination of water-carried wastes from residences, business
buildings, institutions and industrial establishments.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collection, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
A sewer that carries stormwater and surface waters and drainage
but excludes sewage and polluted and industrial wastes.
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.
A channel in which a flow of water occurs, either continuously
or intermittently.
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]
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.
