[Adopted as Title 9, Ch. 2, of the 2012 compilation of ordinances, as amended through 5-22-2013]
As used in this article, the following terms shall have the meanings indicated:
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter (mg/l). Quantitative determination, of BOD shall be made in accordance with procedures set forth in "Standard Methods."
BUILDING DRAIN
The 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 the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
CATEGORY A
Those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of BOD no greater than 250 mg/l, suspended solids no greater than 250 mg/l, phosphorus no greater than 10 mg/l and nitrogen measured as ammonia N no greater than 25 mg/l.
CATEGORY B
Those sanitary sewer users who discharge wastewater with concentrations of BOD in excess of 250 mg/l, 250 mg/l of suspended solids, 10 mg/l of phosphorus and nitrogen as ammonia N of 25 mg/l. Users whose wastewater exceeds the concentrations for any one of these parameters shall be in Category B.
CHLORINE REQUIREMENT
The amount of chlorine, in mg/l, which must be added to sewage to produce a residual chlorine as specified in the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.
COMBINED SEWER
A sewer intended to receive both wastewater and storm or surface water.
COMPATIBLE POLLUTANTS
Biochemical oxygen demand, suspended solids, phosphorus, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned wastewater treatment facility receiving the pollutants, if such works were designed to treat such additional pollutants, and, in fact, does remove such pollutants to a substantial degree.
EASEMENT
An acquired legal right for the specified use of land owned by others.
FLOATABLE OIL
Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection or treatment process systems.
GARBAGE
The residue from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food products and produce.
GRANTEE
The Village of Winneconne.
GROUND GARBAGE
The residue from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.
INCOMPATIBLE POLLUTANTS
Wastewater with pollutants that will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility.
INDUSTRIAL COST RECOVERY CHARGE
A charge collected by the Village from industrial users discharging industrial wastes for the recovery of the Federal EPA grant amount allocable to the treatment of the users' wastewater volume and characteristics at design capacity of Federal EPA funded wastewater collection and treatment facilities.
INDUSTRIAL USER
For the purpose of industrial cost recovery is:
A. 
Any nongovernmental, nonresidential user of publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual (1972), Office of Management and Budget, as amended and supplemented under one of the following divisions:
(1) 
Division A - Agriculture, Forestry, Fishing.
(2) 
Division R - Mining.
(3) 
Division D - Manufacturing.
(4) 
Division E - Transportation, Communications, Electric, Gas and Sanitary Services.
(5) 
Division I - Services.
B. 
Grantee may exclude domestic wastes or discharges from sanitary conveniences.
C. 
After applying the sanitary waste exclusion, dischargers in the above division that have a volume exceeding 25,000 gpd or the weight of BOD, suspended solids, phosphorus or nitrogen equivalent to that weight found in 25,000 gpd of sanitary waste are considered industrial users.
D. 
A user which discharges any wastewater containing toxic pollutants or which has any other adverse effect on the treatment works.
E. 
A commercial user of an EPA-funded individual system.
INDUSTRIAL WASTE
The wastewater from industrial process, trade, or business as distinct from sanitary sewage.
MAJOR CONTRIBUTING INDUSTRY
An industry that:
A. 
Has a flow of 50,000 gallons or more per average workday;
B. 
Has a flow greater than 5% of the flow carried by the wastewater collection and treatment facilities, receiving the waste;
C. 
Has a material in its discharge included on a list of toxic pollutants issued under § 283.21(1), Wis. Stats.; or
D. 
Has a significant impact, either singularly or in combination with other contributing industries, on the wastewater treatment facility or the quality of its effluent.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NORMAL DOMESTIC STRENGTH WASTEWATER
Wastewater with concentrations of BOD no greater than 250 mg/l, suspended solids no greater than 250 mg/l, phosphorus no greater than 10 mg/l and nitrogen (ammonia N) greater than 25 mg/l.
OPERATION AND MAINTENANCE COSTS
All costs associated with the operation and maintenance of the wastewater collection and treatment facilities, as well as costs associated with periodic equipment replacement necessary for maintaining capacity and performance of wastewater collection and treatment facilities.
PARTS PER MILLION
A weight-to-weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
PERSON
Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
pH
The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution. Natural water, for example, has a pH value of seven and a hydrogen-ion concentration of 10-7.
PHOSPHORUS
Total phosphorus and is expressed in mg/l of P (phosphorus).
PUBLIC SEWER
Any publicly owned sewer, storm, drain, sanitary sewer or combined sewer.
REPLACEMENT COSTS
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater collection and treatment facilities to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs include replacement cost.
SANITARY SEWAGE
A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWER SERVICE CHARGE
A service charge levied on users of the wastewater collection and treatment facilities for payment of capital-related expenses, as well as operating and maintenance costs of said facilities. (User charge which covers operation and maintenance and replacement costs, is a part of the sewer service charge.)
SHALL
Is mandatory; "may" is permissible.
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 twenty-four-hour concentration of flows during normal operation, and shall adversely affect the system and/or performance of the wastewater treatment works.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Sewage and Industrial Wastes" published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
STORM DRAIN (STORM SEWER)
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
STORMWATER RUNOFF
That portion of the rainfall that is drained into the sewers.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and that are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater," and are referred to as "nonfilterable residue."
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 the wastewater collection and treatment facilities for payment of operation and maintenance costs of said facilities.
VILLAGE
The Village of Winneconne.
VILLAGE BOARD
The Village Board of the Village of Winneconne.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
WASTEWATER COLLECTION FACILITIES (or WASTEWATER COLLECTION SYSTEM)
The structures and equipment required to collect and carry away domestic and industrial wastewater.
WASTEWATER TREATMENT FACILITY
An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with waste treatment.
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
A document issued by the Wisconsin Department of Natural Resources which establishes effluent limitations and monitoring requirements for the Village's wastewater treatment facility. WPDES Permit No. WI-0021938 and modifications thereof pertain to the Village's wastewater treatment facility.
A. 
Use of sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer. Stormwater runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewers by permission of the Public Works Director.
B. 
Use of storm sewers. Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Public Works Director and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Public Works Director, to a storm sewer, combined sewer, or natural outlet.
C. 
Prohibitions and limitations. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) 
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment facility.
(3) 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater collection and treatment facilities.
(4) 
Any waters or wastes having a pH in excess of 9.0.
(5) 
Solid or viscous substances in quantities or of such size capable of causing obstructions to the flow in public sewers or other interference with the proper operation of the wastewater collection and treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(6) 
The following described substances, materials, waters, or waste shall be limited in discharges to municipal sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger life, limb, public property, or constitute a nuisance. The Public Works Director may set limitations lower than the limitations established in this article if, in their opinion, such more severe limitations are necessary to meet the above objectives. In forming their opinion as to the acceptability, the Public Works Director will give consideration to flows and velocities in the sewers, materials of construction of the sanitary sewers, the wastewater treatment process employed, capacity of the waste in the wastewater treatment facility, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewers which shall not be violated without approval of the Village Board are as follows:
(a) 
Wastewater having a temperature higher than 150° F. (65° C.).
(b) 
Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.
(c) 
Wastewater from industrial plants containing floatable oils, fats or grease.
(d) 
Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
(e) 
Any waters or wastes containing iron, chromium, copper, zinc, and other toxic and nonconventional pollutants to such degree that any such material received in the composite wastewater in concentrations that exceed levels specified by federal, state, or local authorities.
(f) 
Any waters or wastes containing odor-producing substances exceeding the limits which may be established by the Village Board.
(g) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Village Board in compliance with applicable state or federal regulations.
(h) 
Quantities of flow, concentrations, or both, which constitute a "slug" as defined herein.
(i) 
Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(j) 
Any water or wastes which by interaction with other water or wastes in the sanitary sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
(k) 
Materials which exert or cause:
[1] 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.
[2] 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
[3] 
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
[4] 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(l) 
Incompatible pollutants in excess of the allowed limits as determined by city, state, and federal rules and regulations in reference to pretreatment, standards developed by the Environmental Protection Agency, 40 CFR 403.
(m) 
The Village shall comply with all the appropriate requirements of the WPDES Permit No. WI-0021938 and modifications thereof. No discharge shall be allowed into the sanitary sewer that is in violation of requirements of the WPDES permit and the modifications thereof.
D. 
New connections. New connections to the Village's sanitary sewer system will be allowed only if there is available capacity in all of the downstream wastewater collection and treatment facilities, and they are installed in accordance with all provisions of this chapter.
A. 
Submission of basic data.
(1) 
Within three months after passage of this article, each person who discharges industrial wastes to a public sewer shall prepare and file with the Public Works Director a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater collection and treatment facilities. This data shall be subsequently provided annually at a time specified by the Public Works Director. The following forms or the information needed to complete them will be accepted:
(a) 
Annual NR 101, "Effluent Reporting Form."
(b) 
Form 3400-28, "Industrial Waste Contribution to Municipal System."
(c) 
Form provided by the Village.
(2) 
Similarly, each person desiring to make a new connection to a public sewer for the purpose of discharging industrial wastes shall prepare and file with the Public Works Director a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.
(3) 
The above is required to comply with Wisconsin Pollutant Discharge Elimination System Permit No. WI-0029138.
B. 
Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by this subsection, a request for extension of time may be presented to the Village Board for consideration.
C. 
Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 518-38, and which in the judgment of the Public Works Director have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the Village Board may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
D. 
Control manholes.
(1) 
Each person discharging industrial wastes into a public sewer shall construct and maintain one or more control manholes, cleanouts or access points to facilitate observation, measurement, and sampling of his/her wastes, including domestic sewage.
(2) 
Control manholes or access facilities shall be located and built in a manner acceptable to the Public Works Director. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Public Works Director.
(3) 
Control manholes, access facilities, and related equipment shall be installed by the person discharging the waste, at his/her expense, and shall be maintained by him/her so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the Public Works Director prior to the beginning of construction.
E. 
Measurement of flow. The volume of flow used for computing industrial waste collection and treatment charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Water and Wastewater Utilities except as noted in Subsections F and G below.
F. 
Provision of deductions. In the event that a person discharging industrial wastes into the sanitary sewers produces evidence satisfactory to the Village Board that more than 20% of the total annual volume of water used for all purposes does not reach the sanitary sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the sanitary sewer may be made a matter of agreement between the Village Board and that person.
G. 
Metering of waste. Devices for measuring the volume of waste discharged may be required by the Public Works Director if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed without the consent of the Public Works Director.
H. 
Waste sampling.
(1) 
Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the industry as often as may be deemed necessary by the Public Works Director.
(2) 
Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Public Works Director.
(3) 
Installation, operation, and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the Public Works Director. Access to sampling locations shall be granted to the Village or its duly authorized representative at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
I. 
Pretreatment. Where required, in the opinion of the Public Works Director, to modify or eliminate wastes that are harmful to the structures, processes, or operation of the wastewater treatment works, the person shall provide at his/her expense such as preliminary treatment or processing facilities as may be determined necessary to render his/her wastes acceptable for admission to the sanitary sewers.
J. 
Grease and/or sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 518-38C, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity recommended by the owner and approved by the Public Works Director, and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material, and shall maintain records of the dates and means of the captured material, and shall maintain records of the dates and means of disposal which are subject to review by the Public Works Director. Disposal of the collected materials performed by the owner's(s') personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Wisconsin Department of Natural Resources (DNR) practice.
K. 
Analyses.
(1) 
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 with the Federal Regulations 40 CFR 136, "Guidelines Establishing Test Procedures for Analysis of Pollutants." Sampling methods, location, time, durations and frequencies are to be determined on an individual basis subject to approval by the Public Works Director.
(2) 
Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or his/her agent, as designated and required by the Public Works Director. The Public Works Director may also make its own analyses on the wastes, and these determinations shall be binding as a basis for sewer service charges and/or industrial cost recovery charges.
L. 
Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or processing facilities shall be submitted for review of the Public Works Director prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.
A. 
Sewer users served by Water and Wastewater Utilities water meters. There is hereby levied and assessed upon each lot, parcel of land, building, or premises having a connection with the wastewater collection system and being served with water solely by the Water and Wastewater Utilities, a wastewater treatment service charge base, in part, on the quantity of water used, as measured by the Water and Wastewater Utilities water meter used upon the premises.
B. 
Sewer users served by private wells.
(1) 
If any person discharging sewage into the public sanitary sewer system procures any part or all of his/her water from sources other than the Water and Wastewater Utilities, all or part of which is discharged into the public sanitary sewer system, the person shall be required to have water meters installed for the purpose of determining the volume of water obtained from these sources. Where sewage meters are already installed, the water meters will not be required. The water meters shall be furnished by the Water and Wastewater Utilities and installed under its supervision, all costs being at the expense of the person requiring the meter.
(2) 
The Water and Wastewater Utilities will charge for each meter a rental charge set by the Water and Wastewater Utilities to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer charge is billed.
C. 
Deduct meters.
(1) 
If a user feels that a significant amount of metered water does not reach the sanitary sewer due to lawn or garden watering, etc., he/she can, at his/her own expense, through the Public Works Director, install a second water meter or an additional metered service that would monitor this flow. Charges for sewer use would be made based on the difference between the two meter readings if only a second meter is installed and on actual water metered for sewer use if an additional metered service is installed.
(2) 
Requests for a second meter or metered service must be made in writing to the Public Works Director.
A. 
Category A. Category A shall be those sanitary sewer users who discharge normal domestic strength wastewater having concentrations of biochemical oxygen demand (BOD) no greater than 250 mg/l, suspended solids of no greater than 250 mg/l, phosphorus no greater than 10 mg/l, and nitrogen as determined (ammonia N) 25 mg/l. The sewer service charges for Category A wastewater shall be established by the Village Board from time to time and set forth as follows:[1]
(1) 
Fixed charge: see Appendix A, Article I.
(2) 
Volume charge: see Appendix A, Article II.
[1]
Editor's Note: The schedule of sewer service charges is on file in Village offices.
B. 
Category B. The Category B sewer service charges for volume, BOD, suspended solids, phosphorus and nitrogen (ammonia N) shall be computed in accordance with the formula presented below:
C = F+(V x Cv) + 0.00834V [(B x Cb) + (S x Cs) + (P x Cp) + (N x Cn)]
Where:
C
=
Charge to sewer user for collection and treatment of wastewater
F
=
Fixed charge per billing period
B
=
Concentration of BOD in mg/l in the wastewater (concentration minus 250 mg/l equals B)
S
=
Concentration of suspended solids in mg/l in the wastewater (concentration minus 250 mg/l equals S)
P
=
Concentration of phosphorus in mg/l in the wastewater (concentration minus 10 mg/l equals P)
N
=
Concentration of nitrogen (measured as ammonia N) in mg/l in the wastewater (concentration minus 25 mg/l equals N)
V
=
Wastewater volume in 1,000 gallons for the billing period
Cv
=
Cost per 1,000 gallons
Cb
=
Cost per pound of BOD
Cs
=
Cost per pound of suspended solids
Cp
=
Cost per pound of phosphorus
Cn
=
Cost per pound of nitrogen
0.00834
=
Conversion factor
C. 
General unmetered sewer service.
(1) 
Where the Utility cannot immediately install a meter, service may be supplied temporarily on an unmetered basis to single-family residential and small commercial customers. Charges shall be based on the discharge of 12,000 gallons Category A wastewater, established by the Village Board and set forth as follows in Subsection C(2) below:
(2) 
General unmetered sewer service: see Appendix A.[2]
[2]
Editor's Note: The schedule of sewer service charges is on file in Village offices.
D. 
Reassignment of sewer users. The Public Works Director will reassign sewer users into appropriate user charge categories if wastewater sampling programs and other related information indicates a change of categories is necessary.
E. 
Operation, maintenance and replacement fund accounts.
(1) 
The annual replacement revenues shall be maintained in a separate account by the Village to be used solely for the purpose of purchasing replacement parts and/or equipment. Funds may be withdrawn from this account for authorized use only with the approval of the Village Board.
(2) 
All revenues collected for the replacement fund and for operation and maintenance of the wastewater collection and treatment facilities must be used solely for the replacement fund and operation and maintenance of the wastewater collection and treatment facilities.
F. 
Disposal of septic tank sludge and holding tank sewage.
(1) 
No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewer unless a permit for disposal has been first obtained. Written application for this permit shall be made to the Village Clerk-Treasurer or Public Works Director and shall state the name and address of the applicant; the number of disposal units; and the make, model, and license of each unit. The application shall be accompanied by the annual fee as determined by Village Board per calendar year. All applications for permits shall be acted upon by the Village Board. The Director of Public Works shall have the authority to issue a temporary permit, which shall remain in effect until the application has been acted upon by the Village Board. The permit shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The time and place of disposal shall be designated by the Director of Public Works. The Village Board and Director of Public Works may impose such conditions as they deem necessary on any permit granted.
(2) 
Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than $500,000 to protect any and all persons or property from injury and/or damage caused in any way or manner by any act, or the failure to act, by any of his/her employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.
(3) 
All materials disposed of into the treatment system shall be of domestic origin, or compatible pollutants only, and the person(s) agree that he/she will comply with the provisions of any and all applicable ordinances of the Village of Winneconne and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or inflammable liquids, or other deleterious substances into any manhole, nor allow any earth, sand, or other solid material to pass into any part of the wastewater collection and treatment facilities.
(4) 
Charge for disposing of sewage into wastewater collection and treatment facilities.
(a) 
Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater collection and treatment facilities shall be charged the amounts established by the Village Board from time to time and set forth as follows:[3]
[1] 
Administrative charge: as determined by Village Board.
[2] 
Volume charge: as determined by Village Board.
[3]
Editor's Note: The schedule of charges is on file in Village offices.
(b) 
The person(s) disposing waste agrees to indemnify and hold harmless the Village from any and all liability and claims for damages arising out of or resulting from work and labor performed.
A. 
Category A. Category A shall be those sanitary sewer users who discharge normal domestic strength wastewater having concentrations of BOD no greater than 250 mg/l, suspended solids no greater than 250 mg/l, phosphorus no greater than 10 mg/l, and nitrogen (ammonia N) no greater than 25 mg/l. The industrial cost recovery charge for Category A wastewater is as follows:
(1) 
Volume charge: as determined by Village Board.
B. 
Category B.
(1) 
The Category B is defined as those sanitary sewer users who discharge wastewater with concentrations in excess of 250 mg/l of BOD, 250 mg/l of suspended solids, 10 mg/l of phosphorus and 25 mg/l for nitrogen (ammonia N). Users whose wastewater exceeds the concentrations for any one of these parameters shall be in Category B. The minimum Category B charge will be based on a concentration of not less than 250 mg/l for BOD, 250 mg/l for suspended solids, 10 mg/l for phosphorus and 25 mg/l for nitrogen (ammonia N). The industrial cost recovery charge for Category B wastewater is as follows:[1]
(a) 
Volume charge: as determined by Village Board.
(b) 
Surcharge: as determined by Village Board.
[1]
Editor's Note: The schedule of charges is on file in Village offices.
(2) 
The Category B industrial cost recovery charge for volume, BOD, suspended solids, and phosphorus shall be computed in accordance with the formula presented below:
[R = (V x Rv) + 0.00834V[B x Rb) + (S x Rs) + (P x Rp) + (N x Rn)]
Where:
R
=
Charge to sewer user for industrial cost recovery system
B
=
Concentration of BOD in mg/l in the wastewater (concentration minus 250 mg/l equals B)
S
=
Concentration of suspended solids in mg/l in the wastewater (concentration minus 250 mg/l equals S)
P
=
Concentration of phosphorus in mg/l in the wastewater (concentration minus 10 mg/l equals P)
N
=
Concentration of nitrogen (ammonia N) in mg/l in the wastewater (concentration minus 25 mg/l equals N)
V
=
Wastewater volume in 1,000 gallons for the billing period
C. 
Reassignment of sewer users. The Public Works Director will reassign sewer users into appropriate industrial cost recovery categories if wastewater sampling programs and other related information indicates a change of categories if wastewater sampling programs and other related information indicates a change of categories is necessary.
D. 
Recovery and disbursement of industrial cost recovery charge revenues.
(1) 
Conformance with federal code. The recovery and the disbursement of revenues collected by the Village through the industrial cost recovery charge shall conform to the Code of Federal Regulations (Title 40, Part 35.928-1 and Part 35.928-2), reproduced below, as promulgated by the Clean Water Act of 1977.
(2) 
Part 35.928-1: Approval of the industrial cost recovery system. The Village Board may approve an industrial cost recovery system if it meets the following requirements:
(a) 
General. Each industrial user of the treatment works shall pay an annual amount equal to its share of the total amount of the Step 1, 2, and 3 grants and any grant amendments awarded under this subpart, divided by the number of years in the recovery period. An industrial user's share shall be based on factors which significantly influence the cost of the treatment works. Volume of flow shall be a factor in determining an industrial user's share in all industrial cost recovery systems; other factors shall include strength, volume, and delivery flow rate characteristics if necessary to insure that all industrial users of the treatment works pay a proportionate distribution of the grant assistance allocable to industrial use.
(b) 
Industrial cost recovery period. The industrial cost recovery period shall be equal to 30 years or to the useful life of the treatment works, whichever is less.
(c) 
Frequency of payment. Except as provided in 35.928-3, each industrial user shall pay not less often than annually. The first payment of an industrial user shall be made not later than one year after the user begins use of the treatment works.
(d) 
Reserve capacity. If an industrial user enters into an agreement with the grantee to reserve a certain capacity in the treatment works, the user's industrial cost recovery payments shall be based on the total reserved capacity in relation to the design capacity of the treatment works. If the discharge of an industrial user exceeds the reserved capacity in volume, strength or delivery flow rate characteristics, the user's industrial cost recovery payment shall be increased to reflect the actual use. If there is no reserve capacity agreement between the industrial user and the grantee, and a substantial change in the strength, volume or delivery flow rate characteristics of an industrial user's discharge occurs, the user's share shall be adjusted proportionately.
(e) 
Upgrading and expansion.
[1] 
If the treatment works are upgraded, each existing industrial user's share shall be adjusted proportionately.
[2] 
If the treatment works are expanded, each individual user's share shall be adjusted proportionately, except that a user with reserved capacity shall incur not additional industrial cost recovery charges unless the user's actual use exceeded its reserved capacity.
(f) 
Collection of industrial cost recovery payments. Industrial cost recovery payments may be collected on a system wide or on a project-by-project basis. The total amount collected from all industrial users on a system wide basis shall equal the sum of the amounts which would be collected on a project-by-project basis.
(g) 
Adoption of system. One or more municipal legislative enactments or other appropriate authority must incorporate the industrial cost recovery system. If the project is a regional treatment works accepting wastewaters from other municipalities, the subscribers receiving waste treatment services from the grantee shall adopt industrial cost recovery systems in accordance with Sec. 204(1)(b) of the Act and Sections 35.928 through 35.928-4. These industrial cost recovery systems shall also be incorporated in appropriate municipal legislative enactments or other appropriate authority of all municipalities contributing wastes to the treatment works.
(h) 
Inconsistent agreements. The grantee may have preexisting agreements which address the reservation of capacity in the grantee's treatment works or the charges to be collected by the grantee in providing wastewater treatment services or reserving capacity. The industrial cost recovery system shall take precedence over any terms or conditions of agreements or contracts between the grantee and industrial users which are inconsistent with the requirements of Sec. 204(b)(1)(B) of the Act and these industrial cost recovery regulations.
(3) 
Part 35.928-2: Use of industrial cost recovery payments.
(a) 
The grantee shall use industrial cost recovery payments received from industrial users as follows:
[1] 
The grantee shall return 50% of the amounts received from industrial users, together with any interest earned thereon, to the U.S. Treasury annually.
[2] 
The grantee shall retain 50% of the amounts recovered from industrial users:
[a] 
A portion of the amounts which the grantee retains may be used to pay the incremental costs of administration of the industrial cost recovery system. The incremental costs of administration are those costs remaining after deducting all costs reasonably attributable to the administration of the user charge system. The incremental costs shall be segregated from all other administrative costs of the grantee.
[b] 
A minimum of 80% of the amounts the grantee retains after paying the incremental costs of administration, together with any interest earned, shall be used for the allowable costs (see 35.940) of any expansion, upgrading or reconstruction of treatment works necessary to meet the requirements of the Act. The grantee shall obtain the written approval of the Regional Administrator before the commitment of the amounts retained for expansion, upgrading, or reconstruction.
[c] 
The remainder of the amounts retained by the grantee may be used as the grantee sees fit, except that they may be used as the grantee sees fit, except that they may not be used for construction of industrial pretreatment facilities or rebates to industrial users for costs incurred in complying with user charge or industrial cost recovery requirements.
(b) 
Pending the use of industrial cost recovery payments, as described in Subsection D(3)(a)of this section, the grantee shall:
[1] 
Invest the amounts received in obligations of the United States Government or in obligations guaranteed as to principal and interest by the Unites States Government or any agency thereof; or
[2] 
Deposit the amounts received in accounts fully collateralized by obligations of the United States Government or any agency thereof.
A. 
Calculation of sewer service charges. Sewer service charges that shall be assessed to Village of Winneconne sewer users shall be computed by the Village according to the rates and formula presented in § 518-41 of this article.
B. 
Sewer service charge billing period. Sewer service charges shall be billed by the Village to the sewer users on a quarterly basis.
C. 
Payment of sewer service charges. Those persons billed by the Village for sewer service charges shall pay such charges within 20 days after the billing date at the Village Clerk-Treasurer's office at the Village Hall or as otherwise designated.
D. 
Penalties. Such sewer service charges and industrial cost recovery charges levied by the Village against the sewer users in accordance with this chapter shall be a debt due to the Village and shall be a lien upon the real estate. If this debt is not paid before November 1 of each year, it shall be deemed delinquent and may be placed on the next year's tax roll and be collected as other taxes are collected, plus charges and interest.
A. 
Right of entry. The Village Board or other duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation or testing, all in accordance with the provisions of this chapter and the Wisconsin Statutes. The Village Board or other duly authorized employees of the Village shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or wastewater treatment facilities.
B. 
Safety. While performing the necessary work on private premises referred to in Subsection A above, the duly authorized Village employees shall observe all safety rules applicable to the premises established by the person; and the Village shall indemnify the person against loss or damage for personal injury or property damage asserted against the person and growing out of gauging and sampling operations, and indemnify the person against loss or damage to its property by Village employees, except as such may be caused by negligence or failure of the person to maintain safe conditions as required in § 518-39D.
C. 
Identification; right to enter easements. The Village Board or other duly authorized employees of the Village, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of this duly negotiated easement.
A. 
Work authorized. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb the sanitary sewer or appurtenance thereof without first obtaining a written permit from the Public Works Department.
B. 
Cost of sewer connection. All costs and expenses incident to the installation, connection, maintenance, continuance, and perpetuity of the building sewer shall be borne by the owner of the premises requiring connection. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the provision of the sewer.
C. 
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Public Works Director, to meet all requirements for this chapter.
D. 
Materials and methods of construction. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
E. 
Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
F. 
Storm and groundwater drains.
(1) 
No persons shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer.
(2) 
All existing downspouts or groundwater drains, etc., connected directly or indirectly to a sanitary sewer must be disconnected within 60 days of the date of an official written notice from Public Works Director.
(3) 
Any unauthorized connection to the sanitary sewer system shall be treated as such in accordance with this section and § 331-7 and/or 331-11 of this Code.
(4) 
Exceptions to the above shall be made by the Village Board.
G. 
Conformance to plumbing codes. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the Village or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made air tight and materials must be approved by the Public Works Director prior to installation.
H. 
Inspection of connection. The applicant for, the building sewer permit shall notify the Public Works Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of a representative of the Utility. Applicant shall allow proper inspection by the Public Works Director to prove work has been constructed properly to the satisfaction of the Public Works Director. Failure to allow inspection at time of construction shall result in the applicant re-exposing the connection in order for Public Works Director to perform proper verification. All costs and penalties for same shall be full responsibility of the applicant.
I. 
Barricades; restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard and shall comply with the most recent versions of Federal Transportation Board Manual for Uniform Traffic Control Devices and Federal OSHA requirements related to trench and shoring requirements. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Public Works Director.
A. 
User charge credits for extraneous water usage are available for residential customers. Extraneous water use is that portion of the Winneconne Water and Wastewater Utilities metered water which does not return to the sanitary system. A credit is available for this water from the Winneconne Water and Wastewater Utilities.
(1) 
Credit shall be determined by multiplying the recorded deduct meter flow by the Village Board approved Water and Wastewater Utilities sewer rate in place at the time of the recorded flow.
(2) 
All cost, including but not limited to installation, maintenance and operation of the deduct meter shall be the responsibility of the property owner at which the meter resides.
(3) 
This section shall not apply to commercial and/or industrial users. Nonresidential users may obtain a deduct meter credit through the requirements of section § 518-39F, control of industrial wastes directed to public sewers (provision of deductions).
B. 
Current meters, placed into service prior to acceptance of this article, may continue usage in accordance with previous methodologies, except as herein specified.
(1) 
Proper and correct meter installation methods (orientation in proper flow direction) shall be followed and are the responsibility of the deduct meter owner.
(2) 
Utility shall not provide a credit for meters which are incorrectly installed or determined to have been installed backwards.
C. 
New meters shall be allowed when installation meets the following criteria:
(1) 
Purchased at cost from Village of Winneconne or authorized plumber.
(2) 
Require plumbing permit and be installed by a Wisconsin duly licensed plumber.
(3) 
Shall be hard-lined to the interior water system, after the water meter, on nonconsumable lines, in accordance with all applicable statutes, including but not limited to Chs. SPS 381 to 387, Wis. Adm. Code(Wisconsin State Plumbing Code), Wisconsin Department of Natural Resources standards for cross-connection controls.
(4) 
No drain or plumbing line which returns water to the sewer side of residential plumbing shall be located in-line, cross-connected or downstream of this meter.
(5) 
Shall be provided with an exterior-mounted utility puck of the same model and manufacturer as the standard primary water meter at the same location.
(6) 
Prior to acceptance and proper use of deduct meter with subsequent credit, meter shall be inspected by an authorized representative of Public Works Director and deemed an acceptable installation. Once approved, meter shall be acknowledged by Village Clerk/Public Works Director with the Utility record system.
D. 
Meter charges.
(1) 
Meters of record shall be susceptible to an annual fee as determined by the Village Board.
(2) 
Deduct meter fee shall be a Water and Wastewater Utilities charge and is established to offset the managerial expenses of administering the program.
(3) 
Deduct meter fee shall apply to deduct meters of record until such time as owner opts out of the program by:
(a) 
Removing meter from service.
(b) 
Removed meter shall be delivered to Village Hall for proper disposal.
(c) 
Public Works representative shall inspect meter removal plumbing and verify compliance with all applicable standards and regulations.
(d) 
Upon removal, meter shall be eliminated from the record system.
E. 
Meter card readings.
(1) 
Meter cards will be distributed on an annual basis upon completion of the growing season; typically in September of the year.
(2) 
Cards will be distributed to deduct meter locations of record as of the institution of this article.
(3) 
Deduct meter owner will be responsible for recording the correct, accurate meter reading of the current in-service deduct meter on the card provided and return to Village Clerk-Treasurer within 20 days of receipt.
(4) 
Cards not returned within the twenty day time period, shall not be eligible for a deduct credit in that year.
(5) 
Cards recorded incorrectly or in a manner so as to be deemed illegible or unusable shall not receive a credit.
F. 
Privilege of the meter.
(1) 
Meters determined to be inaccurate, ineffective, broken, or no longer functional shall be removed and replaced with a properly installed meter in accordance with Subsection C above.
(2) 
Abuse of the deduct meter option or attempts to defraud will cause immediate revocation of the privilege. Penalties will be assessed as follows:
(a) 
Immediate removal and discontinuation of the deduct meter.
(b) 
Refusal to participate further in the program for a period of five years.
(c) 
Abuser shall be liable for all costs associated with removal of the meter and verification of suitable plumbing which complies with applicable statutes and regulations including inspection costs.
(d) 
Abuser shall be liable for any justifiable and determined back cost due to negligence of the use of this privilege.
A. 
Written notice of violations. Any person found to be violating any provisions of this article, except § 518-44B, shall be served by the Village with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a fine, pay the amount to cover damage, both values to be established by the Public Works Director.
C. 
Continued violations. Any person, partnership, or corporation, or any officer, agent, or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, forfeit not more than $500, together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the Winnebago County Jail for a period not to exceed 30 days. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
D. 
Liability to Village for losses. Any person violating any provision of this article shall become liable to the Village for any expense, loss, or damage occasioned by reason of such violation which the Village may suffer as a result thereof.
A. 
Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease-and-desist orders, made by the Village interpreting or implementing the provisions of this article or in any permit issued herein, may file with the Public Works Committee a written request for reconsideration within 10 days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.
B. 
The Public Works Committee shall render a decision on the request for reconsideration to the user, permit applicant, or permit holder at the next normal Committee meeting (or by special meeting agenda if required) and provide the decision in writing to the requester within 15 days of completion of said meeting.
C. 
User, permit applicant, or permit holder may be present at the meeting to provide pertinent information and discussion to the matter.
D. 
If the ruling on the request for reconsideration made by the Public Works Committee is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the Village Board of the Village of Winneconne.
E. 
A fee as determined by the Village Board shall accompany any appeal to the Village Board for their ruling. This fee may be refunded if the appeal is sustained in favor of the applicant.
F. 
The written appeal shall be heard by the Village Board within 45 days from the date of filing. The Village Board shall make a final ruling on the appeal within 60 days from the date of filing.
The Village of Winneconne shall conduct an annual audit, the purpose of which shall be to maintain the proper proportion among users and user classes of the sewer service charge system, and to ensure that adequate revenues are available to cover debt service expenses and increasing operation, maintenance, and replacement costs.