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Village of Footville, WI
Rock County
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Table of Contents
Table of Contents
[Adopted 12-4-1980 by Ord. No. 127 (Ch. 8 of the 1990 Code)]
A. 
The user charge system covered under this article shall take precedence over any preexisting agreements which are inconsistent with Section 204(b)(1)(a) of Act and 40 CFR 35, Subpart E, of the Federal regulations governing the same, or its subsequent revision(s). This approved user charge system shall be in effect prior to completion and the operation of a grant-funded facility. Users discharging toxic pollutants shall pay for any increased operation, maintenance, and replacement costs caused by the toxic pollutants.
B. 
Basis for wastewater service charges.
(1) 
The wastewater service charge for the use of and for service supplied by the wastewater facilities of the Village shall consist of a basic user charge for operation and maintenance plus replacement, a debt service charge and a surcharge, if applicable.
(2) 
The debt service charge shall be computed by dividing the annual debt service of all committed or outstanding loans by the number of 1,000 gallons of metered water consumption of the various user classes as reported in the previous year's annual Public Service Commission report. Through further divisions, the quarterly debt service charges can be computed.
(3) 
The basic user charge shall be based on water usage as recorded by water meters and/or sewage meters on the basis of 1,000 gallons increments for wastes having the following normal concentrations:
(a) 
A five-day, 20° C. biochemical oxygen demand (BOD) of 200 mg/l.
(b) 
A suspended solids (SS) content of 250 mg/l.
(4) 
It shall consist of operation and maintenance costs plus replacement and shall be computed as follows:
(a) 
Estimate the projected annual revenue required to operate and maintain the wastewater facilities including a replacement fund for the year for all works categories.
(b) 
Proportion the estimated costs to wastewater facility categories by volume, suspended solids and BOD, if possible.
(c) 
Estimate wastewater volume, pounds of SS and pounds of BOD to be treated.
(d) 
Proportion the estimated costs to nonindustrial and industrial users by volume, suspended solids and BOD.
(e) 
Compute costs per 1,000 gallons for normal sewage strength.
(f) 
Compute surcharge costs per 1,000 gallons per mg/l in excess of normal sewage strength for BOD and SS.
(g) 
Excess revenue collected from a user class O & M projection shall be applied to those costs by user class for the following year.
(h) 
Charges for extraneous flows shall be distributed among users in the same manner as are O & M costs.
(5) 
A surcharge will be levied to all users whose waters exceed normal concentrations for BOD (200 mg/l) and SS (250 mg/l). The surcharge will be based on water usage as recorded by water meters and/or sewage meters for all wastes which exceed the 200 mg/l and 250 mg/l concentrations for BOD and SS, respectively. Section 319-14F specifies the procedure to compute a surcharge.
(6) 
Adequacy of the wastewater service charge shall be reviewed annually by certified public accountants or Village officials for the Village in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in debt service or a change in operation and maintenance costs including replacement costs. Users shall be notified annually of the portion of user charges attributable to wastewater treatment services.
C. 
Measurement of flow. The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increments of 100 gallons.
(1) 
If the person discharging wastes into the public sewers procures any part or all of his water from sources other than the public waterworks system, all or a part of which is discharged into the public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the Village Board for the purpose of determining the volume of water obtained from these other sources.
(2) 
Devices for measuring the volume of waste discharged may be required by the Village Board if these volumes cannot otherwise be determined from the metered water consumption records.
(3) 
Metering devices for determining the volume of waste shall be installed, owned and maintained by the person. Following approval and installation, such meters may not be removed unless service is canceled, without the consent of the Village Board.
D. 
Debt service charge. A debt service charge in an amount per 1,000 gallons of metered water consumption to be reviewed and determined annually by resolution of the Village Board, which amount shall be placed on record with and be available from the Village Clerk to each user of the wastewater facility of the Village is hereby established.
E. 
Basic user rate.
(1) 
There shall be and there is hereby established a minimum charge and a basic user rate for the use of and for service supplied by the wastewater facilities of the Village. A minimum charge per quarter in an amount to be determined by resolution of the Village Board, which amount shall be placed on record with and be available from the Village Clerk, shall be applied to all users whose water consumption does not exceed 6,000 gallons per quarter.
(2) 
A basic user rate per 1,000 gallons in an amount to be determined by resolution of the Village Board, which amount shall be placed on record with and be available from the Village Clerk, shall be applied to all users for water consumption in excess of 6,000 gallons per quarter.
(3) 
All nonmetered residential users of the wastewater facilities shall pay a minimum flat rate charge per quarter adequate to cover the costs of the minimum debt service charge, the minimum service charge and the basic user rate per 1,000 gallons in an amount to be determined as stated above. The flat rate charge per quarter in an amount to be determined as stated above will allow a maximum usage of 15,000 gallons per quarter.
(4) 
In the event use of the wastewater facilities is determined by the Village Board to be in excess of 15,000 gallons per quarter, the Village Board may require such flat rate user to install metering devices on the water supply or sewer main to measure the amount of service supplied.
F. 
Surcharge rate. The rates of surcharges for BOD5 and SS shall be as follows:
CS = Bc (B) + Sc (S)
G. 
Computation of surcharge. The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the Village Board and shall be binding as a basis for surcharges.
H. 
Computation of wastewater service charge. The wastewater service charge shall be computed by the following formula:
CW = (CD.x) + (CM.x) + (Vu-x) CD + (Vu-x) CM + CS
Where:
CW
=
Amount of wastewater service charge(s) per billing period
CD
=
Debt service charge per 1,000 gallons of metered water consumption (§ 319-14D)
CM
=
Charge for operation, maintenance and replacement per 1,000 gallons of metered water consumption (§ 319-14E)
Vu
=
Wastewater volume for the billing period in 1,000 gallons of metered water consumption
x
=
Allowable consumption in gallons for the minimum 6,000 gallons per quarter charge (§ 319-14E)
Cu
=
Basic user rate for operation, maintenance and replacement (§ 319-14E)
CS
=
Amount of surcharge (§ 319-14F and G)
Bc
=
$/# BOD5
Sc
=
$/# suspended solids
B
=
# BOD5 per 1,000 gallons of waste less # BOD5 @ 200 mg/l
S
=
# SS per 1,000 gallons of waste less # SS @ 250 mg/l
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
When an industrial user, as defined in 2 CFR Part 1500, requests connection to the public sewage collection and disposal system, an industrial cost recovery system must be developed in accordance with 2 CFR Part 1500. Industrial permit reports shall be completed when required by the industry or appropriate regulatory agency with copies of the permit reports to be filed with the Village.
[Amended 3-6-1986]
A. 
Wastewater rates or charges for service shall be payable quarterly.
B. 
The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the Village only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefor to the Village.
C. 
Bills for sewer service shall be sent out by the Village by the last day of the month succeeding the period for which the service is billed.
D. 
All sewer bills are due and payable 30 days after being sent out. A penalty of 10% shall be added to all bills not paid by the 20th day after they have been rendered. Appropriate notice of this penalty and the due date for timely payment of same so as to avoid the penalty shall be included in the bill.
If the charges for such services are not paid within 30 days after the rendition of the bill for such services, such services shall be discontinued without further notice and shall not be reinstated until all claims are settled.
Whenever a bill for sewer service remains unpaid for 45 days after it has been rendered, the Village Clerk shall take appropriate action to perfect a lien on the subject user property by placing the delinquent account on the tax roll or such other appropriate enforcement action.
Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill-in-equity in the name of the Village. The Village Attorney is hereby authorized and directed to institute such proceedings in the name of the Village in any court having jurisdiction over such matters against any property for which the bill has remained unpaid 45 days after it has been rendered.
A. 
All revenues and monies derived from the operation of the sewerage system shall be deposited in the sewerage account of the sewerage fund. All such revenues and monies shall be held by the Village Clerk separate and apart from their private funds and separate and apart from all other funds of the Village.
B. 
The Village Clerk shall receive all such revenues from the sewerage system and all other funds and monies incident to the operation of such system as the same may be delivered to them and deposit the same in the account of the fund designated as the "Sewerage Fund of the Village." The Clerk shall administer such fund in every respect in the manner provided by statute.
A. 
The Village Clerk shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular annual intervals he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system.
B. 
In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system and capital amounts required to be recovered under the industrial cost recovery system do in fact meet these regulations. In this regard, the financial information to be shown in the audit report shall include the following:
(1) 
Flow data showing total gallons received at the wastewater plant for the current fiscal year.
(2) 
Billing data to show total number of gallons billed.
(3) 
Debt service for the next succeeding fiscal year.
(4) 
Number of users for the next succeeding fiscal year.
(5) 
Number of nonmetered users.
(6) 
A list of users discharging nondomestic wastes (industrial users) and volume of waste discharged.
A copy of this article properly certified by the Village Clerk shall be filed in the office of the Recorder of Deeds of Rock County, published in the official paper of the Village, and shall be deemed notice to all owners of real estate of the charges of the sewerage system of the Village on their properties.
Any person, firm or corporation violating any provisions of this article shall be subject to a forfeiture not less than $100 nor more than $500 for each offense.
The United States Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the Village which are applicable to the Village system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transactions thereof to insure compliance with the terms of the special and general conditions to any federal grant.
Wastewater service charges shall be as established from time to time by the Village Board, and shall be on file in the office of the Village Clerk.
[Amended 7-2-1987]
A. 
In accordance with § 66.0621, Wisconsin Statutes, it is hereby determined that of the revenues received from sewer service in the Village of Footville, the following proportions shall be set aside for the following purposes:
(1) 
Seventy-eight percent for the reasonable and proper operation and maintenance of the sewer utility.
(2) 
Twenty-two percent for the purpose of establishing a proper and adequate repair and replacement fund. Any accumulations in said repair and replacement fund may be invested and, if invested, income from the investment shall be carried in the repair and replacement fund. Amounts in this fund shall be expended in making payments required for repairs or replacements incurred in the wastewater treatment facility upgrading.
(3) 
As may be required, the 22% of the sewer service charges established in the repair and replacement fund detailed in Subsection A(2) shall be transferred and applied to the payment of the cost incurred of any repair or replacement items required on the sewage disposal plant incurred by the Village of Footville. This amount shall be set apart and paid into a special fund in the treasury of the Village to be identified as the "Village of Footville Wastewater Treatment Facility Repair and Replacement Account," or other appropriate title.
B. 
Until such time as it becomes necessary for the Village of Footville to issue sewage disposal improvement obligations, the 22% of the sewer service fee to be set aside and applied to the payment of expenses incurred for repair or replacement items as set forth by this section shall be allocated for use in the repair and replacement fund.
C. 
Any sums presently held aside for the retirement of any revenue bond issues or debt service fund under the previous ordinance shall be transferred to the operation and maintenance fund for use by the Village of Footville for operation and maintenance of the sewage disposal plant and mains.
D. 
If any surplus is accumulated in any of the above bonds, it shall be disposed of as provided in § 66.0811(2), Wis. Stats.
Terms used in Articles II and III of this chapter mean as follows:
AUTHORITY
The Village of Footville Village Board.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.
BUILDING DRAIN, SANITARY
A building drain which conveys sanitary or industrial sewage only.
BUILDING DRAIN, STORM
A building drain which conveys stormwater or other clear water drainage but no wastewater.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal (also called "house connection").
BUILDING SEWER, SANITARY
A building sewer which conveys sanitary or industrial sewage only.
BUILDING SEWER, STORM
A building sewer which conveys stormwater or other clean water drainage but no sanitary or industrial sewage.
CLASSES OF USERS
The division of wastewater treatment customers by waste characteristics, and process or discharge similarities.
A. 
RESIDENTIALIncludes all dwelling units such as detached, semidetached, and row houses, mobile homes, garden and standard apartments, permanent multifamily dwellings. (Transient lodging, considered commercial in nature, is not included.)
B. 
COMMERCIALIncludes transient lodging, retail and wholesale establishments or places engaged in selling merchandise for personal, household or industrial consumption, and/or rendering services to others.
C. 
INSTITUTIONALIncludes social, charitable, religious, and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.
D. 
GOVERNMENTALIncludes legislative, judicial, administrative, and regulatory activities of federal, state, and local governments, such as courthouses, police and fire stations, city halls, and similar governmental users.
E. 
INDUSTRIALIncludes manufacturing activities involving the mechanical or chemical transformation of materials or substances into other products. These activities occur in establishments usually described as plants, factories, or mills and characteristically use power-driven machines and material handling equipment.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree. The term "substantial degree" is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include:
A. 
Chemical oxygen demand;
B. 
Total organic carbon;
C. 
Phosphorus and phosphorus compounds;
D. 
Nitrogen and nitrogen compounds; and
E. 
Fats, oils, and grease of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
DEPRECIATION
An annual operating cost reflecting capital consumption and obsolescence (reduction of future service potential) of the treatment works.
EASEMENT
An acquired legal right for the specific use of land owned by others.
FECAL COLIFORM
Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL
Oil, fat, or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Authority.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the commercial handling, storage and sale of produce.
INCOMPATIBLE POLLUTANT
Any pollutant that is not defined as a compatible pollutant, including nonbiodegradable dissolved solids.
INDUSTRIAL COST RECOVERY
Recovery from the industrial users of a treatment works of the grant amount allocable to treatment of wastes from such users pursuant to Section 204(b) of P.L. 92-500 and 2 CFR Part 1500.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
INFILTRATION
The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. (Infiltration does not include and is distinguished from inflow.)
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW
The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage. (Inflow does not include, and is distinguished from, infiltration.)
MAJOR CONTRIBUTING INDUSTRY
An industry that:
A. 
Has a flow of 10,000 gallons or more per average workday;
B. 
Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
C. 
Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of P.L. 92-500; or
D. 
Has a significant impact, either singly or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
NORMAL DOMESTIC SEWAGE
As defined for the purposes of determining surcharge, shall mean wastewater or sewage having an average daily suspended solids concentration of not more than 250 mg/l, and average daily BOD of not more than 200 mg/l [an average daily phosphorus concentration of 11 mg/l and containing not more than 2.5 mg/l of Hexane soluble matter (grease and oil)].
NPDES PERMIT
A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of P.L. 92-500.
OPERATION AND MAINTENANCE COSTS
All costs, direct and indirect (other than debt service), necessary to insure adequate wastewater treatment on a continuing basis, conform with at related federal, state, and local requirements, and assure optional long-term facility management. (These costs include depreciation and replacement.)
PERSON
Any individual, firm, company, association, society, corporation or group discharging any wastewater to WWTW.
pH
The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
PRETREATMENT
The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
PRIVATE SEWER
A sewer which is not owned by a public authority.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers with no particle greater than 3/8 inch in any dimension.
PUBLIC AUTHORITY
Any governmental agency having jurisdiction by law over construction and use of a wastewater collection or treatment facility.
PUBLIC SEWER
A sewer which is owned and controlled by the public authority and will consist of the following increments:
A. 
COLLECTOR SEWERA sewer whose primary purpose is to collect wastewaters from individual point source discharges.
B. 
INTERCEPTOR SEWERA sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
C. 
FORCE MAINA pipe in which wastewater is carried under pressure.
D. 
PUMPING STATIONA station positioned in the public sewer service at which wastewater is pumped to a higher level.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
SANITARY SEWER
A sewer which carries sanitary and industrial wastes, and to which storm, surface and groundwater are not intentionally admitted.
SEWAGE
The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water). The two most common types of sewage are:
A. 
SANITARY SEWAGEThe combination of liquid- and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
B. 
INDUSTRIAL SEWAGEA combination of liquid- and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRY
Any industry that will contribute greater than 10% of the design flow or design pollutant loading of the treatment works.
SLUG
Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average of 24 hours concentration of flows during normal operation.
STANDARD METHODS
The laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM SEWER
A sewer for conveying water, groundwater or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
SUSPENDED SOLIDS
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.
TOTAL SOLIDS
The sum of suspended and dissolved solids.
TOXIC AMOUNT
Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of P.L. 92-500.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER CHARGE
A charge levied on users of a wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of P.L. 92-500.
VILLAGE INSPECTOR
For purposes of this chapter, the Village Inspector shall be the Director of the Department of Public Works.
[Added 8-4-2022 by Ord. No. 2022-08]
VOLATILE ORGANIC MATTER
The material in the sewage solids transformed to gases or vapors when heated at 550° C. for 15 to 20 minutes.
WASTEWATER TREATMENT WORKS
The structures, equipment and processes required to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
WATER WORKS
All facilities for water supply, storage reservoir, water lines and services, and booster stations for obtaining, treating and distributing potable water.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
The provisions of Appendix #2 and #3 of Ordinance No. 127, adopted December 4, 1980, are hereby adopted and made a part of this chapter by reference, to the extent that such provisions are presently operable and in effect under the terms of such provisions, independent of this adoption by reference.