A.
Purpose of contract. The Town of Menasha Sanitary District No. 4
in 1982 began contracting with the Neenah-Menasha Sewerage Commission
for wastewater treatment or a wastewater service contract. Upon the
dissolution of Sanitary District No. 4 of the Town of Menasha and
the assumption of liabilities and assets of the sanitary district
by the Town of Menasha Utility District Commission, the Town of Menasha
Utility District became the signatory member to the current wastewater
treatment service contract. The purpose of the contract is to process
raw sewage collected in the Town of Menasha system and treat said
wastewater in accordance with the State of Wisconsin and United States
wastewater treatment requirements. The contract imposes limitations,
restrictions, requirements and duties upon the Utility District Commission
necessary to the proper transport and treatment of the wastewater.
The contract further designates specification of costs and charges
back to the municipality for the wastewater treatment, which records
of costs are kept on file by the Clerk of the Town of Menasha Utility
District.
B.
Authority of the Neenah-Menasha Sewerage Commission to adopt rules
and regulations. The contract and the Utility District of the Town
of Menasha specify and agree that the Commission known as the "Neenah-Menasha
Sewerage Commission" (NMSC) shall have the authority to adopt any
ordinance and any rules and regulations necessary or expedient to
enable it to carry out its powers of duties as set forth in the contract
between the parties.
(1)
Such
ordinances, rules and regulations shall at a minimum allow the Neenah-Menasha
Sewerage Commission to do the following:
(a)
Deny or condition any increased or new discharges to the local
sewage system or the regional system;
(b)
Require compliance by industrial users with federal, State of
Wisconsin, Commission and contracting municipality pretreatment standards;
(c)
Control industrial discharges to the local sewer systems and the regional system to ensure compliance with Subsection B(1)(b) above;
(d)
Require the development by an industrial user of a compliance
schedule for the installation of facilities required by the rules
and regulations of the Commission; and
(e)
Require submission by industrial users of self-monitoring reports
necessary to assess and assure compliance with the ordinances, rules
and regulations of the Commission, upon reasonable notice.
(2)
No
ordinances or rules and regulations shall be promulgated by the Commission
until after a public hearing has been held where all interested parties
have had an opportunity to be heard with respect thereto.
C.
Membership of Neenah-Menasha Sewerage Commission. The Neenah-Menasha Sewerage Commission consists of seven members appointed by member municipalities, and the Town of Menasha shall appoint to the Commission one Commissioner, which appointment shall be confirmed by unanimous vote of the remaining members of the governing body of the Town of Menasha Utility District Commission. The Commissioner appointed shall serve on the Commission for the terms and under the conditions specified by the contract, Article II, Establishing, Creation and Powers and Duties of the Commission.
D.
Application of regulations. Ordinances, rules and regulations contained
in the contract and all subsequent rules, regulations and ordinances
validly adopted by the Commission shall be applicable to all portions
of the Town of Menasha Utility District serviced by any sewer line
which carries wastewater to the wastewater treatment facility of the
Neenah-Menasha Sewerage Commission.[1]
[1]
Editor's Note: Current rules and regulations are on file at
the Village Clerk's office.
E.
Wastewater treatment service contract. A complete copy of the wastewater
treatment service contract between the Town of Menasha Utility District
and the Neenah-Menasha Sewerage Commission shall be kept as a permanent
public record by the Clerk of the Town of Menasha, and said contract
shall be available upon request to the Clerk's office. Amendments
and changes in the contract which occur subsequent to the adoption
of the codification of these ordinances shall also be kept on file
by the Clerk and shall be acknowledged as part of the contract, and
said rules, regulations and ordinances shall have full force in effect
as if adopted within the original contract between the parties. Amendments
to the contract shall be consistent with the contractual agreement
between the parties.
A.
Creation, powers and duties of Commission. A Commission has been
created pursuant to § 66.0301, Wis. Stats., to act as the
agent of contracting municipalities in the operation, maintenance
and management of a regional wastewater treatment system. The contracting
municipalities have determined that a regional sewage collection treatment
and disposal system will best protect human life, health, fish and
aquatic life, scenic and ecological values, and domestic, municipal,
commercial, industrial, agricultural and other users' water. To that
end, the Commission shall have and exercise the powers of the contracting
municipalities with respect to acquiring, construction, operating,
maintaining, managing and administering sewage collection, treatment
and disposal facilities for the contracting municipalities as an agency
of the contracting municipalities for applying and enforcing sections
of the Clean Water Act of 1977, as amended (33 U.S.C. § 1251
et seq.), and Ch. 283, Wis. Stats., as amended, and any regulations
or rules promulgated pursuant thereto or as may be specified herein
or by amendment or supplement of the ordinance contract.
B.
Regulatory powers of the Commission. The Commission shall have the
power to plan, design, purchase, acquire, construct, extend, add to,
improve, control, operate, manage, maintain, and hold title to such
real and personal property, including a wastewater treatment plant,
interceptor mains, and the plans and specifications to develop in
connection therewith, in order to provide the contracting municipalities
with adequate and sufficient sewage collection, treatment and disposal
services and to produce a treatment plant effluent which makes or
exceeds effluent standards established by the Wisconsin Pollutant
Discharge Elimination System permit issued by the State of Wisconsin
to the Commission. The Commission shall further modify, enlarge, abandon
or replace such facilities and hold apart from time to time as deemed
necessary by the Commission to efficiently transport, treat or dispose
of contracting municipalities' wastewater and to continue to produce
a treatment plant effluent which meets or exceeds effluent standards
established by the Wisconsin Pollutant Discharge Elimination System
permit. The Commission shall further have the power to handle and
dispose of the solids (sludge) generated by the above processes and
the power of sludge disposal operations defined in the contract. The
Commission shall further apply and enforce the pretreatment program
as required by the Clean Water Act of 1977 and the General Pretreatment
Regulations for Existing and New Sources of Pollution (40 CFR Part
403) promolgated by the Environmental Protection Agency (EPA) and
the pretreatment regulations promulgated by the State of Wisconsin
(Ch. NR 211, Wis. Adm. Code).
C.
Rules and regulatory powers.
(1)
The Commission shall adopt all rules and regulations necessary to
enable it to carry out its powers and duties as set forth herein.
Such rules and regulations shall at a minimum allow the Commission
to do the following:
(a)
Deny or condition any increase or new discharges into the local
sewer system or regional system;
(b)
Require compliance by industrial users with federal, State of
Wisconsin and contracting municipalities' pretreatment standards;
(c)
Control industrial, commercial and residential discharges to
the local sewer systems and regional systems to ensure compliance
with federal, state and local pretreatment standards and any rules
and regulations of the Commission;
(d)
Require the development by industrial or commercial user of
a compliance schedule for the installation of facilities required
by the rules and regulations of Commission; and
(e)
Require submission by industrial or commercial users of notice
and self-monitoring reports necessary to assess and ensure compliance
with the rules and regulations of the Commission.
(2)
The Commission and any of its authorized representatives shall have
the power to make investigations and inspections for all of the users
of the Town of Menasha and/or the Town of Menasha Utility District
and all local sewer systems contained therein and shall develop surveillance
and monitoring procedures to assure compliance with any rule and regulation
of the Commission. The Town of Menasha Utility District shall enforce
such rules, regulations, and ordinances necessary to comply with the
requirements of the Grand Chute-Menasha West Sewerage Commission.
D.
Application of rules and regulations of Commission and ordinance
contract. The ordinance contract and rules and regulations and ordinances
arising out of the contract for wastewater treatment shall be applicable
to all sewer lines in and/or passing through the Town of Menasha and
contributing wastewater to the Grand Chute-Menasha West Wastewater
Treatment Facility.
E.
Continuation of contract and amendments thereto. The contract ordinance
entered into by the Town of Menasha Utility District shall continue
in full force and effect until such time as termination occurs in
the contract or said contract expires. The contract ordinance, rules
and regulations will be amended from time to time and the ordinances,
rules and regulations are hereby made part of and adopted by reference
as they occur and shall constitute a portion of the contract as if
in full force and effect at the commencement of the contract. The
Town of Menasha Clerk shall keep on file a complete copy of contract
and all amendments thereto and make available for inspection upon
request by any person.
F.
Membership in the Commission. Pursuant to the contract, the Commission consists of seven members. The Town of Menasha Utility District shall appoint three representatives to the Commission pursuant to Article II of the ordinance contract. Commissioners shall be selected by the Town Board of the Town of Menasha and shall be persons elected pursuant to § 60.74(3), Wis. Stats., as members of the Town Board.
