Village of Fox Crossing, WI Wastewater/Sanitary Sewer Regulations

No person shall make any connection of any sanitary sewer facilities or lines in the Utility District without first obtaining a permit from the Utility District. A permit fee shall be charged for the hooking of any wastewater line or facility to the sewer main. The Manager or Director of Public Works shall be informed, in writing, as to the size of the connection to be installed or connection to the sewer main.

The permit application shall be made on forms approved by the Utility District and kept on file with the Clerk of the Utility District. Charges or fees for inspections and/or connections shall be established and kept on file by the Clerk of the Utility District and shall be amended from time to time to reflect the appropriate charges necessary for the operation of the district.

Installation requirements. The permit shall allow the hookup or installation of a connection to the sewer main as designated on the permit. The permit shall contain information to notify the Utility District of the time and place of the installation of the lateral or the hookup for connection. No sewer or water lateral installation shall be completed and covered without first being inspected by Utility District inspectors. At the time that said connection is completed, the Utility District designated inspector shall inspect the connection and the lateral up to the building being connected.

Final inspection. The permit shall contain a final approval signature line that will be required to be signed before covering the sewer lateral installation or other type of connection. In the event no inspection is made and the final approval is not obtained, the Utility District shall have the right to disconnect any lateral not so inspected and approved. The Manager or Director of Public Works of the Utility District shall be notified at least 24 hours before the actual hookup of any connection or lateral so that a member of the Utility District and/or its inspector may be present when the work is actually being completed.

Applications.

Application for sanitary sewer service shall be made by the owner or authorized agent of the property, in writing, on a form furnished by the Utility District. The application shall contain the legal description of the property to be served, name of the owner, the exact use to be made of the service, and the size of the sewer pipe.

The Manager or Director of Public Works is hereby empowered to withhold approval of any application wherein full information of the purpose of such use of Utility District sewers is not clearly indicated and set forth by the applicant property owner.

Compliance with rules. All persons receiving sewer service from the Utility District or who may hereafter make application therefor shall be considered as having agreed to be bound by the rules and regulations as passed in ordinance form by the Utility District and all rules and regulations of the Public Service Commission or the regulatory services of the State of Wisconsin.

§ 325-6 Design and construction of sewer main and facilities.

All new sewer mains and facilities of the EMC shall be designed by a professional engineer in accordance with Wisconsin Statutes applicable to the design and construction of sewer main and facilities and the administrative regulations of the Wisconsin Department of Natural Resources prior to construction. Design shall be in accordance with good engineering practice, such as the latest edition of "Recommended Standards for Sewage Works," a committee report of the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers.

A review shall be made by the Manager concerning the impact upon the sewerage system of any additional sewage generated by construction of new extensions and alteration to or installation of pretreatment facilities. His approval shall be required before construction of the sewers or pretreatment facilities begins. Approval shall be denied if the Manager determines that the additional sewage or change(s) in the sewage characteristic(s) will overload the system or result in a condition detrimental to the operation, safety and/or structural integrity of the system or any part thereof.

Construction of all new or replacement sewer mains, new stub outs, and facilities within the EMC which are being installed under contract with the EMC shall be adequately inspected by the Public Works Department or the Director of Public Works. The construction shall comply with the Wisconsin Department of Natural Resources approved conditions, the "Standard Specifications for Sewer and Water Main Construction" for the EMC and the special provisions of the individual specifications.

There shall be no direct or indirect cross-connections between the sanitary sewer system and any other utility system in the EMC, either on private or public property. Any cross-connections discovered shall be reported to the Director of Public Works, Plumbing Inspector, or Manager and shall be promptly corrected.

In addition to the requirements of Subsection B above relative to the design and construction of sewer main and facilities, all construction of sewer main and facilities shall comply with all of the rules, regulations and construction standards of the Grand Chute-Menasha West Sewerage Commission, where applicable, and of the Neenah-Menasha Sewerage Commission, where applicable. The rules and regulations applicable in areas served by those Commissions shall be on file with the Village Clerk and may be reviewed upon request at any time.

Municipalities shall report to the GC-MWSC and the NMSC, on an annual basis, the total length and size of new sanitary sewers installed and existing sewers replaced, repaired or abandoned.

§ 325-7 Use of public sewers required.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the EMC, or in any area under the jurisdiction of said EMC, any human or animal excrement, garbage, or objectionable waste.

It shall be unlawful to discharge to any natural outlet within the EMC, or in any area under the jurisdiction of said EMC, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with all provisions of this article.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the storage or disposal of wastewater.

The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the EMC and abutting on any road, street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the EMC, is hereby required at the owner's expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 360 days after date of official notice to do so.

§ 325-8 Building sewers and connections.

All building sewers, connections and appurtenances shall be designed and constructed in accordance with the latest edition and requirements of the Wisconsin Statutes and the administrative rules and regulations of the State Department of Natural Resources.

No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any building sewer, public sewer or appurtenance thereof without first obtaining a written permit from the Plumbing Inspector.

Classes of permits.

There shall be two classes of building sewer permits:

For residential and commercial service; and

For service to establishments producing industrial wastes.

In either case, the owner(s) or his agent shall make application on a special form furnished by the EMC. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Plumbing Inspector.

All costs and expenses incidental to the installation, connection, and maintenance of the building sewer from the main, including the riser and connection thereto, to the building shall be borne by the owner(s). The owner(s) shall indemnify the EMC from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Plumbing Inspector, to meet all requirements of this article and all regulations and rules applicable from the GC-MNSC and the NMSC.

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 all conform to the requirements of the building and plumbing code, EMC standard specifications for sewer and water main construction, and other applicable rules and regulations of the EMC. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9 shall apply. "ASTM" means American Society for Testing and Materials. "WEF" means Water Environment Federation.

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 wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Properties of lower elevations shall comply with all the requirements of § 325-23.

Whenever a building having sewer service is demolished or removed, the building sewer and/or connection to the public sewer shall be properly abandoned and capped in accordance with instructions given by the Plumbing Inspector.

All building sewers serving manufacturing or industrial processing plants or service stations (gas and oil) which are connected to a public sewer system shall have installed therein a manhole for periodic sewage sampling purposes. The manhole shall be of a design approved by the Manager and Director of Public Works and shall be located on public right-of-way where possible. When manholes are installed on private property, they shall be readily accessible at all times.

No person(s) 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. All existing downspouts or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within 60 days of the date of an official written notice from the appropriate official of the EMC. Exceptions to the above regulation may only be made by the EMC and with approval of the GC-MWSC and NMSC.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, EMC specifications for sewer and water main construction, and other applicable rules and regulations of the EMC. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in the ASTM and the WEF Manual of Practice No. 9 shall apply. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installation.

The applicant for the building sewer permit shall notify the Plumbing Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Plumbing Inspector or his designated representative.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Roads, streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the EMC and the Village of Fox Crossing.

Inspection of building sewers and connections within the EMC and Village right-of-way or in easements, when such construction shall be under contract with the EMC, shall be by the Director of Public Works and the agent designated for the Village. In accordance with § 325-6C, work not under contract with the EMC shall be inspected by the Plumbing Inspector of the Village.

§ 325-9 On-site sewage disposal systems.

When a public sanitary sewer is not available under the provisions of this article, the building shall be connected to a private sewage disposal system complying with the provisions of the Wisconsin Statutes and the administrative rules and regulations of the Wisconsin Department of Natural Resources.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all laws of the State of Wisconsin, Village of Fox Crossing, Utility District and County of Winnebago, Wisconsin, including all zoning ordinances and other applicable laws and statutes governing the area in question.

At such time as a public sanitary sewer becomes available to a property served by a private sewage disposal system, as provided in this article, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, holding tanks, and similar private sewage disposal facilities shall be abandoned and removed or filled with suitable material.

Private sanitary sewer facilities serving more than one residence or one multiple dwelling unit shall not be connected to or become part of the Utility District system unless, prior to the construction of said multi-unit system, approval has been obtained from the Utility District. The Utility District may refuse to connect to or service any privately installed system which serves more than one residence or more than one multiple dwelling unit.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Utility District.

No statement contained herein shall be construed to interfere with any additional requirements that may be imposed by the County Department of Health or Building Official of the Village of Fox Crossing or the Utility District officials.

§ 325-10 Sewerage control.

No person(s) shall discharge or cause to be discharged any waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer. All such waters shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Director of Public Works and other state regulatory agencies. Unpolluted cooling water or process waters may be discharged, on approval of the Director of Public Works, to a storm sewer or natural outlet. If the Director of Public Works grants approval to discharge to a natural outlet, approval from other regulatory agencies may also be required.

No person(s) shall discharge or cause to be discharged any of the following described substances or wastes to any public sewers:

Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

Any waters 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 wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, cause the effluent from the waste treatment plant to violate effluent permit requirements, or create any hazard in the receiving water by the wastewater treatment plant.

Any water or wastes having a pH lower than 5.5 or higher than 10.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the EMC and/or the wastewater works.

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the lift stations and wastewater facilities, such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and nondissolving products such as disposable diapers, cups, containers, etc., either whole or ground by garbage grinders.

The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, lift stations, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, and will not otherwise endanger life, limb, or public property, or constitute a nuisance. The Manager and Director of Public Works may set limitations lower than the limitations established in the regulations below if in their opinion such more severe limitations are necessary to meet the above objectives. In forming their opinion as to the acceptability, the Manager and Director of Public Works will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be exceeded without approval of the Manager and Director of Public Works are as follows:

Wastewater or vapor having a temperature higher than 150° F. (65° C.).

Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).

Wastewater containing floatable oils, fat, or grease.

Any garbage that has not been properly shredded as required by this article. 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.

(5)

Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Manager for such materials.

(6)

Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Manager and Director of Public Works.

(7)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Manager and Director of Public Works in compliance with applicable state or federal regulations.

(8)

Quantities of flow, concentrations, or both which constitute a slug as defined herein.

(9)

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 plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(10)

Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

Action by Manager or Director of Public Works.

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection C above, and which in the judgment of the Manager and Director of Public Works may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Manager or Director of Public Works may:

Reject the wastes;

Require pretreatment to an acceptable condition for discharge to the public sewers;

(c)

Require control over the quantities and rates of discharge; and/or

(d)

Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of the regulations of the Utility District.

When considering the above alternatives, the Manager and Director of Public Works shall give consideration to the economic impact of each alternative on the discharger. If the Manager and Director of Public Works permit the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Manager and Director of Public Works.

Proposed increase of discharges to the GC-MWSC by the EMC or to the NMSC by the EMC as the result of changes in existing commercial or industrial development shall be reported to the Manager prior to the date of change. No such discharges shall begin until the Manager has given approval of the quality and quantity of the proposed discharge.

Grease, oil, and sand separators shall be provided when, in the opinion of the Manager or Director of Public Works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients, except that such separators shall not be required for private living quarters or dwelling units. All separators shall be of a type and capacity approved by the Manager and Director of Public Works and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintaining of these separators, 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 disposal which are subject to review by the Manager and Director of Public Works. Currently licensed waste disposal firms must perform any removal and hauling of the collected materials not performed by the owner's personnel.

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

When required by the Manager or Director of Public Works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Manager and Director of Public Works. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. The structure shall be at all times in compliance with the State of Wisconsin administrative rules and regulations issued by the Wisconsin Department of Natural Resources and shall be further be in compliance with the Wisconsin Pollutant Discharge Elimination System (WPDES) permit issued to the GCMW and/or NMSC.

The Manager or Director of Public Works may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:

Wastewater's discharge peak rate and volume over a specified time period.

Analyses of wastewaters.

Information on raw materials, processes, and products affecting wastewater volume and quality.

Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

(5)

A plot plan of sewers on the user's property showing sewer and pretreatment facility locations.

(6)

Details of wastewater pretreatment facilities.

(7)

Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

Only those wastewaters and pollutants which are authorized in this article shall be discharged into the sanitary wastewater facilities; provided also, however, that these wastewaters and pollutants must be discharged only into the sanitary wastewater facilities and into no other place, system or area.

Incorporated by reference in this section are the conditions and provisions of the rules and regulations of the State of Wisconsin Department of Natural Resources and as further provided in the Wisconsin Pollutant Discharge Elimination System (WPDES) permit issued to the GCMW and/or NMSC. Authority is hereby given to EMC personnel to assist the Manager of both facilities as needed to comply with this permit.

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. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Manager or Director of Public Works.

No statement contained in this section shall be construed as preventing any special agreement or arrangement between the EMC and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the EMC for treatment provided such acceptance is approved by the Manager.

§ 325-11 Protection from damage.

No person(s) shall maliciously, willfully, or negligently break, damage, destroy, cover, uncover, deface, or tamper with any structure, appurtenance or equipment that is a part of the wastewater facilities.

Any wastewater facility or part thereof located in public property or in an easement shall not be disturbed, covered, have the surfacing or grade changed or in any other way be encroached upon, modified or destroyed without the approval of the Manager and Director of Public Works. No private or utility-owned buildings or any other structures shall be constructed in any public property or easements for wastewater facilities without the approval of the Manager and Director of Public Works.

§ 325-12 Powers and authority of inspectors.

The Manager and other duly authorized employees of the GC-MWSC and the NMSC and the EMC, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing to determine whether compliance is being made in accordance with the provisions of this article.

The Manager or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.

The Manager and other duly authorized employees of the GC-MWSC and the NMSC and the EMC, bearing proper credentials and identification, shall be permitted to enter all private properties through which the EMC holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

When a suspected violation of these rules and regulations or the rules and regulations of state agencies and federal agencies as adopted herein is discovered, the Manager shall with all haste attempt to determine from which EMC the material has originated. When this has been determined, he shall immediately notify the Director of Public Works of the EMC. The Director of Public Works shall then work with the Manager to isolate the source of the material in question and eliminate, remove, contain, dissipate or otherwise control the material to afford the greatest protection to life and property.

§ 325-13 Abatement procedures.

Violation of any provision of these rules and regulations or any other rules or orders lawfully promulgated by the EMC or the GCMW or the NMSC is declared to be a public nuisance.

No action shall be taken under this article to abate a public nuisance unless the Director of Public Works of the EMC shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and shall have satisfied himself or herself that a nuisance does in fact exist.

Summary abatement. If the representative, above, of the EMC determines that a public nuisance exists within the boundaries of the EMC and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the EMC may cause the same to be abated, and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.

Abatement after notice. If the EMC determines that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, the EMC shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper official shall cause the nuisance to be removed as provided for above in Subsection C, Summary abatement.

Other methods not excluded. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the EMC or its officials in accordance with the laws of the State of Wisconsin.

Court order. Except when necessary under Subsection C, Summary abatement, above, the EMC shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the nuisance.

Cost of abatement. In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance, or maintenance of a public nuisance, the cost of abating a public nuisance by the EMC shall be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining the nuisance, and such costs shall be assessed against the real estate as a special charge.

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, be subject to the general penalty provisions under this chapter.

Should a suspected violation of the regulations of this article be discovered by the Director of Public Works, his representative(s) or someone other than the Manager or his representative, the Manager shall be immediately notified and the procedure described above may be followed.

§ 325-14 Sewer service charge and connection charge.

The Village Board shall have the authority to establish and collect a sewer service charge, impact fees or sewer availability charge for the use of said public sanitary sewer and, in addition thereto, establish and collect a connection charge for the right to connect said public sanitary sewer. The Village Board shall further have the authority to establish and collect area assessments and/or impact fees and/or sewer availability charges for the fair and equitable apportionment of capital and other costs incurred by the Village Board as a result of the operation of its sewer collection and treatment systems. See § 325-24, Capital cost, replacement, connection fees and impact fees. In addition, the Village Board shall establish regulations and procedures and retain such persons to superintend, administer, and give advice concerning said public sanitary sewer projects as said Village Board shall deem advisable.

Classes of users.

Upon the establishment of a sewer service charge, the Village Board shall establish rates for the following classes of users:

Residential:

Single-family.

Multiple-family.

Commercial: (at least two classes, based on volume).

(c)

Industrial.

Industrial classes shall include any surcharge for volume and strength of waste exceeding the standard set out in this article, or the exclusion of industrial wastes where determined by the Village Board and in accordance with the regulations of the EMC, NMSC and GC-MWSC.

Upon establishment of a sewer service charge, rates shall be established that will ensure this class of user will provide sufficient revenue to pay or cover for the cost of treating service to that class. Rates shall be so established so that sufficient revenue will be generated to pay for the construction, amortization of debt and operation and maintenance, including depreciation of the sewer utility as a whole. Said costs shall include all costs passed through as an assessed charge pursuant to contracts with the GC-MWSC and NMSC.

§ 325-15 Sewer/water combined bills apportioned.

The Village of Fox Crossing has adopted a policy of combining charges for sewer and water. In the event a customer of the Utility District fails to make payment in full upon a combined water and/or sewer bill, said failure to make payment in full shall provide for both the water and sewer bill to be considered delinquent. No portion of the payment made can be considered specifically designated for either sewer service or water service, except by equal proportion.

§ 325-16 Industrial surcharge formula.

The surcharge for volume and strength provided to be assessed under this article shall be based upon a formula establishing costs per pound of the treatment of BOD and solids (suspended solids and phosphorus). Said formula shall be approved by the Village Board and shall be kept on file with the Clerk of the Utility District. The formula as approved and/or amended thereafter, and currently applicable pursuant to the terms of this contract, is hereby adopted by reference as if included and set forth herein.

§ 325-17 Private sewer system; connection to district facilities.

Private sanitary sewer facilities having more than one residence or one multiple-family dwelling unit shall not be connected to or become part of the Utility District sanitary sewer system unless prior to the connection of said system approval is obtained from the Village Board.

The Village Board may refuse the connection of private facilities serving more than one residential unit or more than one multiple-dwelling unit.

The Village Board shall require that all private systems to be connected to the services of the district be inspected during the installation by an engineer designated by the Village Board provide such inspection. The cost for said inspection shall be the obligation of the owner of the private system. All inspection fees shall be paid prior to the connection to the district sewer facilities.

This article shall regulate all systems henceforth where the actual pipe installation has not already been completed. Where private systems have already been installed, the Village Board may require that the sanitary sewer pipe be inspected by televising or videotape at the cost of the applicant or owner. Upon acceptance of any private sewer facilities as defined above, the owner shall dedicate said facilities to the utility district, and in the case where the facilities are not located beneath a public roadway located within the Village of Fox Crossing, an easement sufficient for the maintenance of the facilities shall be given to the utility district.

§ 325-18 Mandatory connection to sewer and water.

Connection to sewer and water required. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the Utility District and abutting on any street, road, alley or right-of-way in which there is located a public sanitary sewer or public water main for public use shall be required to connect therewith, and to connect all bathtubs, cesspools, water closets, lavatories, sinks, water lines, and urinals upon lands or property within the Utility District to said sewer and/or water mains in accordance with the State Plumbing Code within 360 days after official notice that the said sewer or water main is available for use. Where, after 360 days have elapsed from the date of the official notice, said connections have not been made, the Village Board shall cause the connections to be made and the cost thereof assessed as a special tax against the land and/or property and the amount thereof to be levied and collected in the same manner as other taxes.

All new construction must be connected to or with the public sewer and water prior to its use or occupancy.

The Village Board may by unanimous vote extend the time for connection hereunder or grant temporary relief where strict enforcement of this article would work an unnecessary hardship on persons subject to the regulations herein.

The mandatory hookup requirements herein apply to "abutting" property, that is defined as meaning that the public sewer or water is within 100 feet of the property line.

In the event property is developed causing sewer and/or water main extensions to abut property upon which there is located an existing structure, the property developer will be required to install the extensions at his/her own expense. The owners of existing structures affected by the extension will be required to connect to the sewer and/or water mains within the prescribed 360 days from the date of notification if their property requires connection to services as specified by this article.

Deferral to required connections to public sanitary sewer and water. The owners of all houses, buildings, or properties used for human occupancy situated within the Utility District meeting the requirements of mandatory connection to public sanitary sewer and water as provided in Subsection A may be deferred from mandatory connection, upon written application by the owner to the Utility District satisfying the Utility District that all of the following conditions are met and signing and recording the agreement as described below:

The house, building, or property used for human occupancy has an existing private well and septic system, and there is no document recorded with the Register of Deeds noting that connection is required to a public sanitary sewer or water system when it becomes available.

The property owner executes an agreement with the Utility District in which the property owner agrees to the conditions for deferral of mandatory hookup to sewer and water as set forth in this § 325-18B. The agreement shall be recorded with the Register of Deeds. The property owner will be responsible for all recording fees and testing fees necessary to obtain and maintain the deferral of mandatory connection.

The private well on the property is approved and verified by a professional certified to inspect and review the operations of private wells. The private well shall be acceptable to the Utility District, functioning in a safe and proper manner, and produce water safe for human consumption.

The septic system on the property is approved and verified by a professional certified to inspect and review the operations of septic systems. The septic system shall be acceptable to the Utility District and functioning in a safe and proper manner.

(5)

The private well on the property is tested every three years as required by the Utility District, and the test results verify that the private well and water meet all required well and water standards as mandated by the Utility District.

(6)

The septic system on the property is tested every three years as required by the Utility District, and the test results verify that the septic system meets all required septic system standards as mandated by the Utility District.

(7)

The well serving the house or building used for human occupancy passes a comprehensive private well water quality test no earlier than 90 and no later than five days prior to any sale or other land transfer. The standards for such comprehensive test shall be established by the Utility Superintendent and may exceed DNR minimum standards. Failure of any portion of the test will require connection to public water and sewer within 90 days of such event.

(8)

The house or building used for human occupancy passes a septic system test no earlier than 90 and no later than five days prior to any sale or other land transfer. The standards for such test shall be established by the Utility Superintendent. Failure of any portion of the test will require connection to public water and sewer within 90 days of such event.

Termination of deferral. Any deferral granted under Subsection B above shall terminate on the earlier of the following, and connection to sewer and/or water mains as available is required within 90 days.

Any of the conditions in Subsection B are no longer satisfied.

The property subject to deferral is subdivided by either a certified survey map, subdivision plat, metes and bounds, or condominium plat.

The property subject to deferral requires additional water or sewer capacity resulting from either structural modifications of existing buildings or the addition of one or more additional buildings.

Special assessments will apply based on the special assessment or recapture policy applicable to the property in the Utility District at the time such assessments are imposed. Special assessments for sanitary sewer or water facilities are not subject to deferral under Subsection B even if all the requirements are met to defer hookup.

§ 325-19 Placement of manholes on sewer lines restricted.

No manhole shall be located or placed without prior approval of the Village Board, and said placement of manholes servicing sewer line shall comply with the following regulations:

Any person, party, corporation, firm, or individual installing any sanitary sewer installation in the Village of Fox Crossing shall be required to locate access to manholes for sanitary sewer line at a location on or within eight feet of the center line of the right-of-way, or the center line of the paved portion of roadway of any street in the Village of Fox Crossing.

In the event there is located at said installation a paved roadway, the distance of no greater than eight feet either side of said paved roadway shall mark the maximum limits for installation of manhole access. In the event the roadway is not paved and is of a gravel or other loose construction, and has no permanent hard surface, then the location of the manhole shall be within eight feet of the center of the right-of-way. In areas where a cul-de-sac is installed as and for roadway usage, the limitation of installation of manholes shall not extend beyond 20 feet from the center of the cul-de-sac or turnaround.

It is the intent of these regulations that manholes not be located off the roadway in ditch areas alongside the roadway, and it is the intent in the regulation in cases where there may be conflicts or problems arising from its interpretation that the Village Board shall attempt to keep all manhole construction out of areas which are designated as ditch lines or designated to carry surface water flow.

§ 325-20 Permit for maintenance and/or repair work; inspections.

No sewer main, sewer service lateral, water main, water service lateral, or other appurtenance shall be exposed, uncovered, or tampered with unless a permit has first been applied for and obtained from the Building Official's office. Should a sanitary sewer main, sanitary lateral, or sanitary manhole need to be core-drilled or otherwise tapped to service a property, then an associated fee shall be applied. Associated fees are incorporated in the Village Fee Schedule, reference this Code section, as approved by the Utility District. Permit, inspection, and/or sewer tap fees shall be paid before the issuance of the permit. A Utility District inspector must be present at the time said such sewer main, sewer service lateral or other appurtenance is exposed or uncovered.

Before the commencement of any excavation work, private or by any public utility or municipality, for the repair or maintenance of any sewer service laterals located in the street or public right-of-way which lie within the boundaries of the Utility District of the Village of Fox Crossing, the Manager or Director of Public Works shall be notified 24 hours prior to the actual excavation which excavation causes the exposure of any sewer main or sewer service lateral.

No sewer main, sewer service lateral, or other appurtenances shall be exposed, uncovered, or tampered with unless an authorized representative of the Utility District is present at the time said such sewer main, sewer service lateral or other appurtenance is exposed or uncovered.

Any modifications, changes or alterations to any sewer main or sewer service lateral shall be required to be inspected by the Manager or Director of Public Works before any pipes are covered or excavation filled. Failure to comply with this section may be subject to an order of the Manager or Director of Public Works to reopen an excavation or exposure of any sewer service lateral or main for the purpose of obtaining the appropriate inspection.

§ 325-21 Air testing of sewer mains.

The Utility District requires that all sewer main installed in the Utility District shall be air tested in accordance with the "Specifications Governing Air Testing of Sewer and Water Mains on Lines" on file in the Utility District offices. It shall be required that any person, party, corporation, firm, or individual installing any sanitary sewer installation in the Utility District shall comply with the aforementioned specification.

§ 325-22 Multiple-family units lateral size.

Sewer laterals to be installed to any dwelling unit within the Utility District with three or more dwelling units shall be required to install a minimum six-inch lateral to provide sufficient sewer capacity.

§ 325-23 Sewer service to properties of low elevation.

Properties of low elevation during periods of high groundwater or when water flows are excessive in sanitary sewer mains are required for the property owner's protection and for the protection of the Utility District to comply as follows:

In all construction, the property owner must supply a force-pump system to any new structure that has an elevation differential of less than three feet between the lowest discharge point in said building and the top of the sewer main. The installation of all force-pump systems shall be in accordance with this article and shall be approved by the Utility District prior to installation, and the installation of the same shall be inspected and reviewed by the Utility District and its inspectors.

No plumbing fixtures shall be connected to the sanitary sewer lateral should said fixture discharge outlet be less than three feet above the top elevation of the sanitary sewer to which said lateral is connected.

Should any plumbing fixture fail to make the three-foot-minimum requirements described above, then such fixture shall be connected to the sanitary sewer lateral through a suitable lift pump accompanied by appropriate check valve to prevent any wastewater backup through the lift pump.

The allowance for installations as provided by this section assumes no responsibility on the part of the Utility District for abutting upon the premises that may be related to the connection to the sanitary sewer facilities.

Sewer laterals connecting the sewer main to the discharge point of the building shall have a minimum of 1/4 inch per foot drop in elevation from the building to the main.

§ 325-24 Capital cost, replacement, connection fees and impact fees.

At the time of the recodification of the ordinances of the Utility District of the Town of Menasha, the Utility District had in place the following fees:

Interceptor impact fees.

This order was created pursuant to the authority vested in Town of Menasha Sanitary District No. 4 pursuant to § 60.77(5)(c) and (e), Wis. Stats., and other applicable Wisconsin law.

It is hereby ordered by the Board of Commissioners, Town of Menasha Sanitary District No. 4, as follows:

[1]

Purpose. That new development located within the property legally described on Exhibit "A" attached hereto (See Appendix D)[1] and incorporated herein by reference (which property shall be referred to herein as the "service area") will require new or expanded public facilities for interceptor lines.

[1]

Editor's Note: Appendix D is on file with the Utility District.

[2]

Cost determination. The capital costs estimated for purposes of this order have been determined by Town of Menasha Sanitary District No. 4 in consultation with its consulting engineers.

[3]

Charges. Charges will be imposed against the properties included in the service area legally described on Exhibit "A" on a per-acre basis according to the following schedule:

[a]

The fee per acre shall be set forth in the Fee Schedule, reference this Code section. Partial acres will be prorated based upon the percentage of a total acre determined by the ratio that the lot size bears in square footage to the square footage of a total acre, consisting of 43,560 square feet.

[b]

Residential and other properties, if any, having lot sizes of less than 1/3 of an acre will be subject to a minimum charge set forth in the Fee Schedule, reference this Code section. Any lot larger than 1/3 acre (14,520 square feet) will be charged at a rate per square foot set forth in the Fee Schedule, reference this Code section. Property owners will be responsible to provide site plans with square footage or acreage of the project area. There will be no exclusions of acreage for roadways in the calculation of acreage.

[4]

Collection. The due date for payment and collection of the impact fees imposed by this order shall be as follows:

[a]

For parcels on which existing residential homes and/or agricultural buildings are located, for which construction was completed on or before March 1, 2008, the due date for payment of the charges imposed by this order will be deferred until the earlier that:

[i]

A sewer inspection permit is issued, a meter installation request occurs, or a request for or actual service hookup occurs for additional residential, agricultural, commercial or industrial buildings on the affected parcel; or

[ii]

A development agreement is entered into with the developer or owner with the Town under Town ordinances that includes a requirement for water and/or sewer services for the property.

[b]

Residential homes and agricultural buildings which were completed prior to March 1, 2008, may hook up to sewer and/or water without initiating the due date for payment of the impact fees, providing neither Subsection A(1)(b)(4)[a][i] and [ii] have occurred.

[c]

For vacant parcels, and parcels on which residential, agricultural, commercial, or industrial buildings are completed after March 1, 2008, and for parcels with commercial or industrial buildings in existence prior to March 1, 2008, payment of the charges imposed by this order will be due on the earlier that:

[i]

A sewer inspection permit is issued, a meter installation request, a request for or actual service hookup; or

[ii]

A development agreement is entered into with the developer or owner with the Town under Town ordinances that includes a requirement for water and/or sewer services for the property.

[d]

The amendments to this order for purposes of due dates and collection have prospective application only and are not retroactively effective for parcels of property for which impact fee payments have been previously made, or previously become due, under the terms of the original order.

[5]

Severability. If any portion of this order is rendered invalid or unenforceable for any reason, the remaining portions of this order shall continue in full force and effect.

Service availability charge (SAC), Ordinance No. 90-1 (as further amended by Ordinance No. 90-2, Ordinance No. 91-1, and Ordinance No. 93-1). (See Appendix D.[2]) Fees may be found in the Fee Schedule, reference this Code section.

[2]

Editor's Note: Appendix D is on file with the Utility District.

The above impact fees and service availability charges and their methods of calculation are on file with the Utility District Clerk and available as a public record for inspection thereof.

The existing fees and charges as established by the ordinances designated in Subsection A are hereby continued without modification or change, and any modification or change thereof shall be made pursuant to the terms of this section.

Necessary charges for the continued operation of the wastewater treatment plant and sanitary sewers connecting thereto shall be established by the Utility District with recommendation of the Utility District Engineers. The implementation of any fee or charge that is considered to be an impact fee, which is not in existence as of the date of adoption of these regulations, shall require the Utility District to follow the procedures as required by the Wisconsin Statutes for the adoption and imposition of said fees.

The Clerk of the Utility District shall keep a record on file, open to public inspection, that should accurately reflect the charges or fees, the date of the adoption by the Village Board, a uniform method and manner by which the fees shall be calculated and the direction of the Village Board establishing when charges or fees are required to be paid.

The Village Board has in place contracts with the Grand Chute-Menasha West Sewerage Commission and the Neenah-Menasha Sewerage Commission, which contracts require contributions to the regional treatment facility for capital cost and replacement. The calculations of said charges by each of the regional treatment facilities is based upon calculations of volumes of sewage treated, treatment plant capacity consideration, previous investment by contributing municipalities and expectation of replacement/modification and renovation of the treatment facilities. These charges are imposed upon customers of the Utility District in a fair and equitable manner and are charges assessed beyond the control and authority of the Village Board. Any requirements to meet regulations relative to the imposition of these charges shall be in compliance with the ordinances of the Village Board, the contract between the Board and regional facility and the Wisconsin Statutes regulating the imposition and collection of fees and charges.

§ 325-25 Recapture policy.

Developer.

The developer agrees to construct and pay the full cost of the extension of utility services (water and/or sewer) in accordance with all specifications set forth by the Utility District and its regulatory agencies. The cost shall include laterals within the right-of-way or municipal easement for each property upon which a special assessment is levied. The developer will then be reimbursed for allowable construction expenses on a linear-foot basis at the time property owners connect to the utility service main. The property owners connecting shall also reimburse for the expense of the lateral installation assessed to that property.

Upon completion of the construction of the utility service and formal acceptance by the Village Board, the ownership, operation, control, maintenance and repairs shall be the exclusive responsibility and domain of Utility District.

Special assessments.

The Utility District shall levy special assessments against abutting property pursuant to the statutory special assessment procedures. The Utility District shall then defer the assessment for a period of 10 years or until the property connects to the service, whichever is less. At such time, up to a maximum of 10 years from the date the recapture agreement is signed (the recapture period), that any abutting property owner elects to connect to the utility service, the property owner shall pay an amount not to exceed the assessment recorded against the abutting property, and interest if the installment method is elected as provided hereafter. Any recapture funds not collected within a ten-year period from the date the Utility District accepts possession of the lines, and the lines are ready for use, will be forfeited by the developer.

All payments will be collected by the Village of Fox Crossing on behalf of the developer, and the principal will be paid to the developer upon receipt of payment. The assessment payment shall be made according to one of the following:

For industrial and commercial connections, the full amount shall be paid to the Village of Fox Crossing Treasurer prior to connection.

For residential connections, the payment may be made in full to the Village of Fox Crossing Treasurer or in equal installments on the annual real estate property tax bill, assessed over the remaining ten-year year recapture period commencing the year connection occurred. The installment method will have an interest charge imposed for administrative services. Example: If connection to the utility main occurs in the fourth year, the property owner would be able to use the installment method for six years, the remaining period from the original 10 years.

Connection.

No permits for connection will be issued prior to the collection in full of the appropriate service availability fees and impact fees as set forth by the Utility District at the time the connection is made.

The Village of Fox Crossing will notify the developer when a property owner connects to the utility service. This notice shall include the name and address of the property owner, a description of the parcel to which connection is to be made, and the contemplated date of connection and method of payment of the assessed amount.

The Utility District shall not allow connections to the utility service until the assessment is paid in full by commercial and industrial customers or a payment option has been selected by residential customers. Ten years from the date of the recapture agreement, no assessment is due to the developer and connection to the utility service may occur without payment of the assessment.