[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:
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."
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.
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.
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.
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.
A sewer intended to receive both wastewater and storm or
surface water.
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.
An acquired legal right for the specified use of land owned
by others.
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.
The residue from the preparation, cooking, and dispensing
of food, and from the handling, storage, and sale of food products
and produce.
The Village of Winneconne.
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.
Wastewater with pollutants that will adversely affect or
disrupt the quality of wastewater treatment if discharged to a wastewater
treatment facility.
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.
For the purpose of industrial cost recovery is:
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:
Grantee may exclude domestic wastes or discharges from sanitary
conveniences.
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.
A user which discharges any wastewater containing toxic pollutants
or which has any other adverse effect on the treatment works.
A commercial user of an EPA-funded individual system.
The wastewater from industrial process, trade, or business
as distinct from sanitary sewage.
An industry that:
Has a flow of 50,000 gallons or more per average workday;
Has a flow greater than 5% of the flow carried by the wastewater
collection and treatment facilities, receiving the waste;
Has a material in its discharge included on a list of toxic
pollutants issued under § 283.21(1), Wis. Stats.; or
Has a significant impact, either singularly or in combination
with other contributing industries, on the wastewater treatment facility
or the quality of its effluent.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
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.
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.
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.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, governmental agency, or other entity.
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.
Total phosphorus and is expressed in mg/l of P (phosphorus).
Any publicly owned sewer, storm, drain, sanitary sewer or
combined sewer.
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.
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
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.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
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.)
Is mandatory; "may" is permissible.
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.
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.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
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."
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.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation and maintenance costs
of said facilities.
The Village of Winneconne.
The Village Board of the Village of Winneconne.
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.
The structures and equipment required to collect and carry
away domestic and industrial wastewater.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with waste
treatment.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
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:
(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.
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]
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)]
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Where:
| |||
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C
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=
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Charge to sewer user for collection and treatment of wastewater
| |
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F
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=
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Fixed charge per billing period
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|
B
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=
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Concentration of BOD in mg/l in the wastewater (concentration
minus 250 mg/l equals B)
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S
|
=
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Concentration of suspended solids in mg/l in the wastewater
(concentration minus 250 mg/l equals S)
| |
|
P
|
=
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Concentration of phosphorus in mg/l in the wastewater (concentration
minus 10 mg/l equals P)
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|
N
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=
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Concentration of nitrogen (measured as ammonia N) in mg/l in
the wastewater (concentration minus 25 mg/l equals N)
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V
|
=
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Wastewater volume in 1,000 gallons for the billing period
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Cv
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=
|
Cost per 1,000 gallons
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Cb
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=
|
Cost per pound of BOD
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Cs
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=
|
Cost per pound of suspended solids
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Cp
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=
|
Cost per pound of phosphorus
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Cn
|
=
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Cost per pound of nitrogen
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|
0.00834
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=
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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:
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]
[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)]
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Where:
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R
|
=
|
Charge to sewer user for industrial cost recovery system
| |
|
B
|
=
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Concentration of BOD in mg/l in the wastewater (concentration
minus 250 mg/l equals B)
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S
|
=
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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
|
=
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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.
B.
Current meters, placed into service prior to acceptance of this article,
may continue usage in accordance with previous methodologies, except
as herein specified.
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.
