[Adopted as §§ 13.01 to 13.06 of the Municipal
Code]
It is determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare and convenience
of the sewage disposal system of the Village of Hales Corners to levy
and collect charges, rentals or rates of service upon all the lands,
lots and premises served by having connections with said sewage disposal
system. The proceeds of such charges, rentals or rates of service
so derived shall be used first for the necessary maintenance and operation,
second to provide for adequate depreciation, third to payment of the
principal and interest of the outstanding mortgage revenue bonds,
and fourth to replace funds advanced by or paid from the general funds
of the Village in behalf of the sewage disposal system.
A.
Effective January 1, 1987, there is hereby levied and assessed upon
each lot, parcel of land or premises having any sewer connection with
the Village sanitary system a local sewerage service charge, rental
or rate of service in a sum per unit as established by resolution
as follows:
(1)
Residential user. A "residential user" is defined as a residential
utilizer of the system up to a maximum of four units. The sum determined
by resolution shall be payable for the current year, payable with
the current real estate taxes. Said special charge shall not be payable
in installments, and if it is not paid in full on or before the last
day of January, such delinquent special charge shall become a lien
as provided in § 66.0627, Wis. Stats., and such delinquency
shall be treated in the same manner as delinquent water charges as
provided in § 66.0809, Wis. Stats.
(2)
Nonresidential user. Any utilizer of the system not falling within
the definition of a residential user shall be considered a nonresidential
user. The sum determined by resolution shall be payable quarterly
on or before the 30th day of March, June, September and December of
each year. In addition to said charge and lien as provided by §§ 66.0809
and 66.0821, Wis. Stats., a further charge and lien shall be added
thereto in each case of failure to make prompt payment, and the total
thus obtained shall be the sewerage service charge, rental or rate
of service, in each case.
B.
For each lot, parcel of land, or premises for which sewage disposal
facilities have been made available, but for which no special assessment
has been determined, prior to connection with the main public sewer,
there shall be levied, assessed and collected a connection charge
in an amount equal to the original front footage assessment or the
original unit cost, whichever is applicable, of the sanitary sewer
main to which the connection is being made, together with a simple
interest thereon at the rate of 6% per annum computed for a five-year
period; provided, however, that such connection charge in no event
shall be less than $500.
C.
All charges shall be collected by the Village Treasurer.
A.
Purpose. The wastewater of this municipality is collected and treated
in whole or in part by the wastewater system operated by the Milwaukee
Metropolitan Sewerage District (the "District"). The purpose of this
section is to enable the Village to establish and collect from users
within the Village those charges which represent the proportionate
contribution by such users both to the cost of operating and maintaining
the system and that part of the cost of past and future capital improvements
in the system not defrayed by an ad valorem tax on real property.
Such charges are required to enable the District and the Village to
become and remain eligible for federal grants for wastewater facility
capital improvements.
B.
Incorporation of District rules and regulations. Chapter 17, MMSD
Rules, as now in effect and as the same may be amended from time to
time hereafter, is hereby incorporated by reference and shall be in
full force and effect as though set forth in its entirety herein,
except to the extent limited by order of the Public Service Commission
of Wisconsin. For the purpose hereof, "residential structure" as defined
in § 17.103(19), MMSD Rules, shall mean any building accommodating
exclusively one, two, three or four residential units.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Sewer charges.
(1)
User charges. There is hereby imposed a charge on each user in the
Village who discharges wastewater, directly or indirectly, into the
wastewater system operated by the District. Such charge shall be in
the amount specified below for the various classes of users.
(a)
Residential users. The residential user charge shall be based
on a volumetric charge, as follows: The volumetric charge shall be
calculated by dividing the wholesale residential user charge (i.e.,
the charge by the District to the Village), excluding connection charges,
by the total volume of residential water consumption as approved by
the Public Service Commission. Individual residential user charges
shall be calculated by multiplying the user's volume of water consumption
times this volumetric charge plus the user's number of residential
sewer connections times the connection charge.
(b)
Noncertified commercial users. The retail noncertified commercial
user charge shall be based on a volumetric charge, as follows: The
volumetric charge shall be calculated by dividing the wholesale noncertified
commercial user charge (i.e., the charge by the District to the Village),
excluding connection charges, by the total volume of noncertified
commercial water consumption. Individual noncertified commercial user
charges shall be calculated by multiplying the user's volume of water
consumption times this volumetric charge plus the user's number of
service connections times the connection charge as approved by the
Public Service Commission.
(c)
Discharge certified commercial users. Each retail discharge
certified commercial user charge shall be equal to each wholesale
discharge certified commercial user charge submitted to the Village
pursuant to Chapter 17, MMSD Rules.
(d)
Wastestrength certified commercial users. Each retail wastestrength
certified commercial user charge shall be equal to each wholesale
wastestrength certified commercial user charge submitted to the Village
pursuant to Chapter 17, MMSD Rules.
(e)
Noncertified industrial users. Each retail noncertified industrial
user charge shall be equal to each wholesale noncertified industrial
user charge submitted to the Village pursuant to Chapter 17, MMSD
Rules.
(f)
Discharge certified industrial users. Each retail discharge
certified industrial user charge shall be equal to each wholesale
discharge certified industrial user charge submitted to the Village
pursuant to Chapter 17, MMSD Rules.
(g)
Wastestrength certified industrial users. Each retail wastestrength
certified industrial user charge shall be equal to each wholesale
wastestrength certified industrial user charge submitted to the Village
pursuant to Chapter 17, MMSD Rules.
(2)
Local capital recovery charges – industrial users. There is
hereby imposed a local capital recovery (LCR) charge on each industrial
user in the Village whose function is described by the Standard Industrial
Classification (SIC) division D ("LCR user"). The LCR charge shall
be in the amount specified below for the various classes of LCR users:
(a)
Noncertified industrial users. Each retail noncertified industrial
LCR charge shall be equal to each wholesale noncertified industrial
LCR charge submitted to the Village pursuant to Chapter 17, MMSD Rules.
(b)
Discharge certified industrial users. Each retail discharge
certified industrial LCR charge shall be equal to each wholesale discharge
certified industrial LCR charge submitted to the Village pursuant
to Chapter 17, MMSD Rules.
(c)
Wastestrength certified industrial users. Each retail wastestrength
certified industrial LCR charge shall be equal to each wholesale wastestrength
certified industrial LCR charge submitted to the Village pursuant
to Chapter 17, MMSD Rules.
(3)
Industrial cost recovery charges. There is hereby imposed an industrial
cost recovery (ICR) charge on each ICR user (as defined in Chapter
17, MMSD Rules) in the Village. The ICR charge shall be in the amount
specified below for the various classes of ICR users.
(a)
Noncertified industrial users. Each retail noncertified industrial
ICR charge shall be equal to each wholesale noncertified industrial
ICR charge submitted to the Village pursuant to Chapter 17, MMSD Rules.
(b)
Discharge certified industrial users. Each retail discharge
certified industrial ICR charge shall be equal to each wholesale discharge
certified industrial ICR charge submitted to the Village pursuant
to Chapter 17, MMSD Rules.
(c)
Wastestrength certified industrial users. Each retail wastestrength
certified industrial ICR charge shall be equal to each wholesale wastestrength
certified industrial ICR charge submitted to the Village pursuant
to Chapter 17, MMSD Rules.
(4)
Local sewage charges. In addition to the charge imposed pursuant to Subsection C(1) through (3) above with respect to the usage of the wastewater system of the District, the Village is also empowered pursuant to § 66.0821(4), Wis. Stats., to establish and impose sewer charges necessary to meet the capital and operating and maintenance expenses of its local sewer system. Such charges are imposed and governed by § 354-19 of this article and, to the extent applicable, this section. This subsection shall not replace and repeal any other ordinance except to the extent of direct conflict therewith.
(a)
LOCAL USER CHARGE
OPERATION AND MAINTENANCE
REPLACEMENT
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the collection system.
All expenditures during the useful life of the sewer collection
system for materials, labor and other items necessary for managing
and maintaining the collection system to achieve the capacity and
performance for which said system was designed and constructed.
Expenditures for obtaining equipment, tools, vehicles or
appurtenances which are necessary to maintain the collection system.
The term "operation and maintenance" includes replacement.
(b)
Replacement fund. There is hereby established a replacement
fund to be incorporated in the financial records of the Village. This
fund shall be financed by revenue obtained from the local user charge
for pumping equipment, sewer system cleaning equipment, associated
tools, vehicles and miscellaneous equipment.
(c)
User charge review. The Village will review the local user charge
system at least every two years and revise local user charge rates
as necessary to ensure that the system generates adequate revenues
to pay the costs of operation and maintenance including replacement
and that this system continues to provide for the proportional distribution
of operation and maintenance including replacement costs among users
and user classes.
(d)
Rate notification. The Village will notify each user at least
annually, in conjunction with a regular bill, of the rate being charged
for operation and maintenance including replacement of the collection
system. This notification will display separately MMSD treatment charges
and local operation, maintenance and replacement rates.
D.
Water and sewer billing.
(1)
A residential user of the system up to a maximum of four units shall
pay for the current year payable with the current real estate taxes.
Such special charge shall not be payable in installments, and if it
is not paid in full on or before the last day of January, such delinquent
special charge shall become a lien as provided in § 66.0627,
Wis. Stats., and such delinquency shall be treated in the same manner
as delinquent water charges as provided in § 66.0809, Wis.
Stats., exclusive of the 10% penalty provided therein. All other user,
LCR and ICR charges shall be billed on a quarterly basis. Payment
of such bills shall be made within 20 days after mailing by the Village.
In the event that such bill is not paid when due, a penalty of 2%
per month shall be added thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
All bills shall be payable to the Village Treasurer at the Village
Hall, 5635 South New Berlin Road, Hales Corners, Wisconsin 53130.
(3)
In the event a user fails to certify data or in the event a user's
certification is materially inaccurate or in the event there has been
a substantial change in data since the date of the user's last certification,
the District shall notify the user that the verification data determined
by the District pursuant to § 17.105(5), MMSD Rules, shall
be used to determine the charge due for the current billing period
and all future billing periods until the user submits a new certified
statement.
(4)
Should inspection or verification by the District reveal that any statement certified by a user is materially inaccurate, the District shall redetermine the proper charge due and forward the new computation to the Village in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due, and interest charges shall be applied to each deficiency as provided in Subsection D(1) above.
(5)
Unpaid user, LCR and ICR charges shall be a lien upon the property
served and shall be enforced as provided in § 66.0821, Wis.
Stats.
The charge, rental or rate of service and the determination
of the allocated units herein fixed shall be subject to amendment
or change from time to time through passage of a resolution by the
Village Board with respect to such charges, orders or rates of service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
For any lot, land or premises from which connections are made
with the sanitary sewerage system of the Village, the charge upon
connection shall be a per diem, pro rata amount based upon the quarterly
rate from the time such sewerage connection is made until the following
quarter.
A.
The revenue derived from the charge, rental or rate of service herein
fixed attributable to the Hales Corners portion of such charge shall
be used or administered as follows in accordance with understandings
achieved with the State Public Service Commission:
(1)
Payment of the direct costs of labor, fringe benefits, materials,
energy, and outside services necessary to the operation of the Hales
Corners sewerage system excluding the sewage treatment plant.
(2)
Payment for all general and administrative burden in support of the
direct costs of operation of the Hales Corners sewerage system excluding
the sewage treatment plant.
(3)
Depreciation of only that portion of the sewerage system originally
constructed and paid for by special assessment against all properties
connected to the system.
(4)
Generation of an entitled return on investment of 7% of plant value
as depreciated to the current year.
(5)
No portion of the sewer service charge shall be allocated to the
payment of debt for that portion of the sewerage system whose construction
was paid for by special assessment against the properties connected
to the system. Debt payment for nonassessable portions of the sewerage
system the original construction cost of which was a Village contribution
out of its general fund shall continue to be covered within the general
property tax levy.
B.
Income in excess of the requirements herein determined may be paid
into the general fund of the Village.
