[HISTORY: Adopted by the Village Board of the Village of
Salem Lakes at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
The Utility District shall give written notice to all record owners
of buildings used for human habitation located in the Village and
adjacent to a sewer or water main or in a block through which one
or both of such systems extend and which buildings are not properly
connected to same, that such buildings be connected with either or
both in the manner to be prescribed by the Utility District.
B.
If any person fails to comply for more than 60 days after such written
notice is given, the Village may pursue all remedies and/or procedures
that may be available under the law to require the connection to be
made.
The following definitions are applicable to this chapter. "Shall"
is mandatory; "may" is permissive.
Any discharge which was not intentional and shall include
as well a discharge caused by gross negligence or wanton or reckless
conduct.
Any standard established by federal, state or local authority
limiting the discharge of pollutants that may be discharged or introduced
into a wastewater treatment system by specific industrial dischargers.
If the sanitary sewer user is a corporation: the president,
secretary, treasurer, or a vice president of the corporation in charge
of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation.
If the sanitary sewer user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the sanitary sewer user is a federal, state, or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility, or its designee.
The individual described in Subsections A through C, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Utility District.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed as milligrams
per liter. Quantitative determination of BOD5 shall be made in accordance with procedures set forth in "Standard
Methods."
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer.
The Building Inspector of the Village, his authorized deputy,
agent or representative.
The extension from the building drain beginning at the immediate
outside foundation wall to its connection with the sanitary sewer
or other place of disposal.
The intentional diversion of waste streams from any portion
of a sanitary sewer user's pretreatment facility.
Any place of business which discharges sanitary waste as
distinct from industrial wastewater.
Domestic wastewater emanating from a place of business as
distinct from industrial wastewater.
Biochemical oxygen demand, suspended solids, pH, phosphorus
and fecal coliform bacteria as identified in the Utility District's
WPDES permit.
A charge levied on sanitary sewer users on a sewage treatment
plant for the cost of repaying money bonded to construct such plant.
The intentional or accidental depositing of wastewater into
the wastewater collection facilities or wastewater treatment system.
The State Department of Natural Resources.
A group of substances, including fats, waxes, free fatty
acids, calcium and magnesium soaps, mineral oils, and certain other
nonfatty materials as analyzed for in accordance with "Standard Methods."
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 system.
The residue from the preparation, cooking and dispensing
of food and from the handling, storage and sale of food products and
produce.
Any and all pollutants that the wastewater treatment system
either is not designed to remove or is incapable of removing through
the then-existing wastewater treatment process.
Any sanitary sewer user who discharges wastewater containing
pollutants into the wastewater collection system and wastewater treatment
system from any nondomestic source regulated by state or federal regulations.
The wastewater from industrial process, trade or business
as distinct from sanitary sewage, including cooling water and the
discharge from sewage pretreatment facilities.
To damage or destroy facilities being a part of the wastewater
collection or treatment system; to cause an upset of the treatment
system; to obstruct or interfere with the flow of the wastewater anywhere
in the system; to cause a public nuisance; or to cause a violation
of the Utility District's WPDES permit.
The extension from the building drain to the public sewer
or other place of disposal beginning outside the inner face of the
building wall.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Wastewater with concentrations of BOD5 no greater than 200 mg/l, suspended solids no greater than 240 mg/l
and phosphorus no greater than 10 mg/l.
Includes all costs associated with the operation and maintenance
of the wastewater collection and treatment systems, as well as the
costs associated with periodic equipment replacement necessary for
maintaining capacity and performance of wastewater collection and
treatment systems.
A discharge which exits the Utility District's wastewater
treatment system into waters of the State of Wisconsin in quantities
or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any
requirement of the Utility District's WPDES permit, including an increase
in the magnitude or duration of a violation.
Any and all persons, including any individual, firm, company
or private corporation, association, society, institution, enterprise,
governmental agency or other entity.
The negative logarithm of the hydrogen ion concentration,
in moles per liter of solution.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discharged equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewaters
[e.g., pH, temperature, total suspended solids (TSS), turbidity, color,
BOD5, chemical oxygen demand (COD), toxicity,
or odor].
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the Utility District's wastewater treatment system. This reduction
or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means, except by diluting
the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a sanitary sewer user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
Prohibitions against the discharge of certain substances.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
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 service life of the
sewage lift stations and wastewater treatment facilities to maintain
the capacity and performance for which such facilities were designed
and constructed.
Those places of residence which are connected to the public
wastewater collection system as distinct from industrial or commercial
sanitary sewer users.
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.
A term used interchangeably with "sewer service charge."
A system based on estimated use of wastewater treatment services
where each sanitary sewer user (or sanitary sewer user class) pays
its proportionate share of operation and maintenance (including replacement)
costs of treatment works within the Utility District's service area,
based on the sanitary sewer user's proportionate contribution to the
total wastewater loading from all sanitary sewer users (or sanitary
sewer user classes). To ensure a proportional distribution of operation
and maintenance costs to each sanitary sewer user (or sanitary sewer
user class), the sanitary sewer user's contribution shall be based
on factors such as strength, volume and delivery flow rate characteristics.
Those residential, commercial, governmental, institutional
and industrial establishments which are connected to the wastewater
collection system.
Area of the Village of Bristol, Village of Randall, Village
of Salem Lakes, and Village of Paddock Lake designated by SEWRPC to
receive sanitary sewer service from the Utility District wastewater
treatment system.
A charge levied on sanitary sewer users of the wastewater
collection and treatment systems to recover annual revenue for debt
service, replacement costs and operation and maintenance expenses
of such facilities.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any duration
longer than 15 minutes more than five times the average twenty-four-hour
concentration of flows during normal operation and which adversely
affects the system and/or performance of the wastewater treatment
system.
All industrial sanitary sewer users subject to categorical
pretreatment standards; or any industrial sanitary sewer user that
discharges a flow of 25,000 gallons per day or more of process wastewater
to the wastewater collection and treatment systems (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater); any industrial
sanitary sewer user that contributes a process waste stream which
makes up 5% or more of the average dry weather hydraulic or organic
capacity of the system; or is designated as such by the Utility District
on the basis that it has a reasonable potential for adversely affecting
the wastewater collection and treatment systems operation or for violating
any pretreatment standard or requirement.
Any discharge of sewage or industrial 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 or flow of the sanitary
sewer user during normal operation, or any discharge at a flow rate
or concentration which could cause a violation of the prohibited discharge
standards.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water
and Wastewater," published jointly by the American Public Health Association,
the American Water Works Association, the Water Environment Federation
and American Public Health Association.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
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 Examination of Water
and Wastewater."
Consists of residential, commercial, industrial or charitable
aggregation of space or area occupied for a distinct purpose, such
as a residence, apartment, flat, store, office, industrial plant,
church or school. Each unit of service shall be regarded as one consumer.
Suites in houses and apartments with housekeeping functions, such
as cooking, shall be classed as apartment houses. Thus, houses and
apartments having suites of one, two or more rooms with toilet facilities,
but without a kitchen for cooking, are classed as rooming houses.
When a consumer's premises have several buildings for which services
are eligible and such buildings are used in the same business and
connected by the sanitary sewer user, the Utility District shall set
a separate rate for such complex.
The basic unit of charging for sewer service and shall represent
the volume and demand factors of wastewater discharged into the system
by a single-family residence with the capability of producing normal
domestic wastewater and shall further reflect the peak discharge into
the system by such a user.
The Village of Salem Lakes Utility District and/or any successor
entity created by the Village of Salem Lakes (whether used herein
jointly or severally, or in the singular or plural sense).
A permit issued by the Utility District to a significant
industrial sanitary sewer user that is subject to wastewater discharge
limitations or that has a reasonable potential for adversely affecting
the wastewater treatment system's operation, or any other industrial
sanitary sewer user at the discretion of the Utility District.
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.
Includes the influent pumping facilities, preliminary treatment
facilities, secondary treatment facilities, disinfection facilities,
effluent pumping and effluent disposal facilities, sludge treatment
and stabilization facilities, sludge storage and disposal facilities,
operation and maintenance facilities, ancillary facilities, administrative
facilities, and associated appurtenances operated by the Village Utility
District for treatment of wastewater from the Village Sewer Service
Area. The Wastewater Treatment Facilities are collectively referred
to in this chapter as the "wastewater treatment system."
A channel in which a flow of water occurs, either continuously
or intermittently.
The Wisconsin Pollutant Discharge Elimination System (WPDES) permit issued to the Utility District to discharge pollutants under Chapter NR 210, Wisconsin Administrative Code, pursuant to Chapter 283 of the Wisconsin Statutes.
A.
Management. The management, operation and control of the Utility
District and its sewer and sewage treatment system is vested in the
Village Board. All records, minutes and written proceedings thereof
shall be kept by the Village Clerk. The Village Treasurer shall keep
all financial records. The Village Board may employ a Utility District
Administrator to manage the business of the Utility District and to
supervise the operation, maintenance, repair and replacement of the
wastewater collection and treatment systems of the Utility District
and the billing and the collection of sewer service charges and assessments.
B.
Authority. The Utility District shall have the power to construct
sewer lines for public use; lay sewer pipes in and through streets,
alleys and public grounds of the Village; and do all work as may be
found necessary or convenient in the management of the wastewater
collection and treatment systems. The Village Board, Utility District
Administrator and their designated representatives shall have the
authority, upon presenting proper identification, to enter upon any
land in the Village for the purpose of making examination or supervising
work in the performance of their duties under this chapter without
liability therefor, and the Village Board shall have the authority
to purchase and acquire for the Utility District all real and personal
property which may be necessary for construction of the wastewater
collection and treatment systems or for any repair, remodeling or
additions thereto.
C.
Condemnation. Whenever any real estate or any easement or use thereof
shall, in the judgment of the Village Board, be necessary to the wastewater
collection and treatment systems, and whenever an agreement of the
purchase thereof cannot be made with the owner, the Village Board
shall proceed with all necessary steps to take such real estate, easement
or use by condemnation in accordance with applicable state and federal
regulations.
D.
Title to property. All property, real, personal and mixed, acquired
for the construction of the wastewater collection and treatment systems
and all plans, specifications, diagrams, papers, books and records
pertaining to such sewage system, and all buildings, machinery and
fixtures pertaining thereto shall be the property of the Village.
E.
Plumbing permit. The Utility District shall supervise the issuance
of permits for the installation of building sewer connections. The
Building Inspector shall ensure compliance with this chapter and the
Wisconsin Plumbing Code through a program of inspection and enforcement.
F.
Inspection. The Village Board or its authorized designee, Utility
District representative and Building Inspector are authorized to inspect
sanitary sewer user plumbing installations and sanitary sewer user
premises, report violations of this chapter or of the State Plumbing
Code to the Village Board and issue notices of violations as hereinafter
provided.
G.
Enforcement. The Village President, Building Inspector, and Utility
District representative are authorized to enforce the provisions of
this chapter in the name of the Village. The Utility District Attorney
shall prosecute all such violations in courts of competent jurisdiction.
The Village Municipal Court shall be the court of prosecution for
all violators subject to its jurisdiction. The Kenosha County Circuit
Court shall be the court of prosecution in any instance where violators
are not subject to the jurisdiction of the Village Municipal Court.
H.
In addition to the foregoing provisions, as an alternative to the
Utility District being operated and managed by employees of the Village,
the Village may, in its discretion, contract with one or more third
parties and/or private independent contractors for the purpose of
operating and/or managing, in whole or in part, the Utility District
of the Village. In such event, such third party(ies) and/or private
independent contractor(s), and their officers, employees or agents,
shall, for the purposes of the enforcement and the administration
of this "Sewer Use and Wastewater Rate Ordinance," along with any
other application resolutions, ordinances, statutes, laws, rules or
regulations, or any amendments thereto, be deemed to be included within
the definition or meaning of "Utility District Administrator," and/or
"employees" of the Utility District, and/or any other similar words
or phrases pertaining to the personnel of the Utility District. Unless
otherwise specifically provided in any such written contract with
any such third party or independent contractor, however, nothing contained
in this present chapter shall in any manner create any type of an
employer/employee relationship between the Village of Salem Lakes
and such other third party or independent contractor, or with their
respective employees or agents, or confer any other type of benefit.
The following rules and regulations for the government of licensed
plumbers, sanitary sewer users and others are hereby adopted and established.
A.
Standard specifications for sanitary sewer. All private and public
sanitary sewers and sanitary sewer laterals shall be designed and
constructed in accordance with the Village of Salem Lakes Utility
District "Standard Specifications for Sanitary Sewer and Water Main
Improvements."
B.
Plumbers. No plumber, pipe fitter or other person will be permitted
to do any plumbing or pipe-fitting work in connection with the wastewater
collection and treatment systems without first having been issued
a license from the State of Wisconsin.
C.
Sanitary sewer users.
(1)
Application for service.
(a)
Every person connecting with the wastewater collection and treatment
systems shall file an application, in writing, with the Building Inspector
in such form as is prescribed for that purpose. Application forms
will be furnished at the Village Hall. The application must state
fully and truly all the use which will be allowed, except upon further
application and permission regularly obtained from such Building Inspector.
If the applicant is not the owner of the premises, the written consent
of the owner must accompany the application. Persons connected to
the sewage system of the Utility District are referred to herein as
"sanitary sewer users."
(b)
The applicant shall provide the Building Inspector survey data
prepared by a licensed Wisconsin surveyor, giving the elevation of
the inverts of the upstream manholes in relation to the proposed elevation
of the first floor and basement levels of the proposed building.
(c)
If it appears that the service applied for will not provide
adequate service for the contemplated use, the Building Inspector
may reject the application. If the Building Inspector approves the
application, a permit for service as shown on the application shall
be issued by the Building Inspector.
(d)
No permit shall be issued to connect with the public sewer any
lot, excavation or open basement, nor shall any permit be issued to
connect any building to the sanitary sewer until such building is
completely enclosed by a roof, the outside wall backfilled to establish
grade, all sanitary sewer lines within the building that will be covered
by basement floors have been inspected and approved by the Building
Inspector, and the permanent floor is constructed in the basement.
In buildings without basements, the permit shall be issued after the
footing and subfloor have been constructed.
(e)
New connections to the public sewer will be permitted only if
there is available capacity in all of the downstream wastewater collection
and treatment facilities.
(f)
All costs and expenses incident to the installation and connection
of the lateral shall be borne by the property owner. The owner shall
indemnify the Utility District from any loss or damage that may directly
or indirectly be occasioned by the installation of the lateral.
D.
Connections to public sewers.
(1)
Maintenance of connection.
(a)
The Utility District shall maintain sewer laterals within the
limits of the Utility District from the public sewer to the property
line, including all controls between the same, without expense to
the property owner, except when there are damages as a result of negligence
or carelessness on the part of the property owner, a tenant or an
agent of the owner. Such damages will be repaired at the expense of
the property owner. All sewer services from the point of maintenance
by the Utility District to and throughout the premises must be maintained
free of defective conditions by and at the expense of the owner or
user of the property.
(b)
Some (but not all) of the grinder pump stations that were installed
prior to 1984 were constructed under an arrangement with the Utility
District wherein the Utility District, in part, maintains the grinder
pumps [the "District-maintained pump(s)"]. With respect to such District-maintained
pumps, the Utility District shall maintain sewer service to and including
the grinder pump station, except when they are damaged as a result
of negligence, carelessness or intentional act on the part of the
property owner, tenant or agent of the owner, in which case they will
be repaired at the expense of the property owner. The sanitary sewer
user must also supply and maintain all necessary electrical connections
to the District-maintained pump. At such time, however, that any dwelling
and/or structure that is serviced by a District-maintained pump becomes
vacant for 12 continuous months, or is razed, or is disconnected from
the Utility District's sewerage system, then the grinder pump shall,
effective immediately, no longer be a District-maintained pump, and
the sanitary sewer user shall, as further provided below, be solely
responsible for all costs (including, but not limited to, maintenance
and/or replacement costs) pertaining to the grinder pump.
(c)
All other grinder pump stations (that are not "District-maintained
pumps" as described above) servicing sanitary sewer users shall be
installed by the sanitary sewer users, at the sanitary sewer users'
cost and expense, and remain the property of the sanitary sewer users,
and the sanitary sewer users shall be responsible for all maintenance,
repair and replacement of, and shall supply and maintain all necessary
electrical connections to, the grinder pump station.
(d)
In the event any sanitary sewer user fails to comply with any of the duties and obligations imposed upon sanitary sewer users under the provisions of Subsections A, B and C, then the Utility District may, in addition to availing itself of any other remedies or relief provided for under this chapter or under the laws of the State of Wisconsin, take steps to perform whatever services may be required to cure or correct the noncompliance and then impose a special charge upon the sanitary sewer user/property owner pursuant to § 66.0627, Wis. Stats., of the cost of such services performed. Such services may include, but shall not be limited to:
(e)
In the event the Utility District desires to impose such a special
charge on any such services, the Utility District shall, pursuant
to § 66.0627, Wis. Stats., take the following steps:
[1]
A written notice shall be either personally served upon or mailed
to the sanitary sewer user/property owner notifying the sanitary sewer
user/property owner of the noncompliance and of the date, time and
location of a public hearing to be held on the matter.
[2]
Not less than 10 days after the date of personal service or
the date of mailing of the above notice, a public hearing shall be
held by the Village Board of the Village of Salem Lakes on the issue
of whether the cost of the service(s) performed or to be performed
by the Utility District shall be charged to and imposed upon the sanitary
sewer user/property owner, and at such hearing anyone interested shall
be heard.
[3]
At the conclusion of the public hearing, the Village Board may
adopt a resolution regarding the imposition upon the sanitary sewer
user/property owner of the cost of any such service(s) performed or
to be performed by the Utility District and specifying the time period
in which the sanitary sewer user/property owner may pay the Utility
District the special charge(s) for such service(s).
[4]
If such special charge(s) is not paid by the sanitary sewer
user/property owner in the time frame specified in the resolution,
then the delinquent special charge(s) shall become a lien as provided
in § 66.0627, Wis. Stats., as of the date of such delinquency,
and shall automatically be extended upon the current or next tax roll
as a delinquent tax against the property, and all proceedings in relation
to the collection, return and sale of property for delinquent real
estate taxes shall apply to such special charge(s).
(2)
Single connection per building. A separate and independent building
sewer shall be provided for each building within the Utility District,
and no sanitary sewer user shall allow other services to connect to
the wastewater collection system through his lateral. The foregoing
shall not apply, however, to condominium complexes, planned unit developments
or single lots or parcels containing more than one building. In such
cases, the owner may make application to the Village Board for a permit
to interconnect laterals from two or more buildings into a single
service connection to the public sewer. Such permit shall not be granted
unless it is established that:
(a)
The premises containing the several buildings is owned by a
single person.
(b)
The person owning the premises or association charged with the
maintenance thereof is responsible for the use and maintenance of
the interconnected system and is subject to the provisions of this
chapter and liable for the penalties imposed pursuant hereto.
(c)
Any subdivision of the subject property into two or more separate
parcels with buildings thereon shall require the discontinuance of
the interconnecting system and the installation of separate laterals
for each parcel.
(d)
The proposed interconnection complies in all other respects
with the Wisconsin Plumbing Code and with this chapter and that it
is a practical, effective and adequate means of serving several buildings.
(3)
Access to premises. Authorized employees of the Utility District
bearing 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 subsection and the Wisconsin
Statutes. The authorized employees of the Utility District shall not
have authority to inquire into any process beyond that point having
a direct bearing on the kind and source of discharge to the sewers,
waterways or wastewater treatment facilities. When entering private
properties through which the Utility District holds an easement, Utility
District employees shall be subject to the terms, if any, of the easement.
(4)
Sanitary sewer user to permit inspection. Every sanitary sewer user
shall permit the Utility District or its authorized agent at all reasonable
hours of the day to enter their premises or building to examine the
pipes and fixtures and the manner in which the drains and sewer connections
operate and they must at all times frankly and without concealment
answer all questions put to them relative to its use.
(5)
Service interruption. No claim shall be made against such Utility
District or its assigns by reason of the breaking, clogging, stoppage
or freezing of any lateral, nor from any damage arising from repairing
public sewers, making connections or extension or any other work that
may be deemed necessary. The right is hereby reserved to cut off the
services at any time for the purpose of repairs or any other necessary
purpose, any permit granted or regulation to the contrary notwithstanding.
Whenever it shall become necessary to shut off the sewer service within
any area of the Utility District, the Utility District shall, if practicable,
give notice to each and every consumer within such area of the time
when such service will be so shut off.
(6)
Storm and groundwater drains. No person shall make connections of
roof downspouts, exterior foundation drains, areaway drains or other
sources of surface runoff or groundwater to a building drain or lateral
which is connected directly or indirectly to a sanitary sewer, nor
shall any person otherwise discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface drainage,
uncontaminated cooling water, unpolluted industrial process waters,
cistern overflow or foundation drainage to any sanitary sewer.
E.
Excavations.
(1)
No person shall make any excavation in streets or highways within
the Village without first obtaining all road permits as required by
the applicable state, county or Village government.
(2)
In making excavations in streets or highways for laying lateral pipe
or making repairs, the paving and earth removed must be deposited
in a manner that will occasion the least inconvenience to the public.
No person shall leave any such excavation made in any street or highway
open at any time without barricades, and, during the night, warning
lights must be maintained at such excavations.
(3)
In refilling the opening, after the lateral is laid, the earth must
be laid in layers of not more than nine inches in depth and each layer
thoroughly compacted to prevent settling. This work, together with
the replacing of sidewalks, ballast and paving, must be done so as
to make the street at least as good as before it was disturbed and
satisfactory to the Village Board. No opening of the streets for tapping
the pipe will be permitted when the ground is frozen unless a granular
backfill is used.
F.
Connecting to public sewers.
(1)
No person, firm, corporation or utility shall make or cause to be
made any tap or connection to the public sewer without first obtaining
from the Village a written permit for making of such tap or connection.
All work shall be performed by a qualified contractor approved of,
in writing, by the Village. No other person (other than employees
or agents of the Village) shall, under any circumstances, make any
tap or connection into the public sewer.
(2)
Any qualified and approved contractor wishing to make a tap or connection
to the public sewer shall:
(a)
Submit a written permit application to the Village, giving the
proposed manner, location and date of such tapping or connection,
along with such other information as the Village may request; and
(b)
File with the Village the following with respect to each such
tap or connection:
[1]
A cash deposit guaranteeing full and timely compliance by the
contractor with all of the terms, provisions and requirements of this
chapter and all other applicable laws regarding such tapping or connection
project. The cash deposit or bond shall be in an amount of not less
than $5,000 if there is no existing lateral stubbed to the property
line and not less than $2,000 if an existing lateral is stubbed to
the property line and connection is to be made to the existing lateral.
[2]
A certificate issued by an insurance company licensed to do
business in the State of Wisconsin evidencing that the contractor
has in full force and effect a policy of liability insurance providing
at least $1,000,000 in coverage, and containing other terms and provisions
satisfactory to the Village, for any injury or damage to person or
property, including death, arising as a result of the work being undertaken
by the contractor.
(c)
Such permit application, cash deposit and insurance certificate
shall be delivered to the Village at least five business days prior
to the proposed tapping or connection date. No tapping or connection
to the public sewer shall be performed or done unless such documents
have been timely received by the Village and a connection permit has
been issued.
(3)
Upon receiving the application described above the Village shall
promptly review the same. If the proposed tapping or connection complies
with the provisions of applicable ordinances, the Village shall issue
a permit authorizing the contractor to proceed. Such permit may contain
such further terms, conditions and requirements for the tapping or
connection as the Village may reasonably require.
(4)
The tap or connection shall be performed by the contractor in full
compliance with all applicable laws, rules and regulations of all
applicable governmental bodies, and in full compliance with all laws,
rules, regulations, directives and requirements of the Utility District.
The contractor shall grant full and complete access to the tapping
and connection project at any and all times to the Utility District
for the purpose of allowing its inspectors and agents to inspect and
monitor the same.
(5)
In addition to any other applicable laws, rules and regulations,
pipes shall be tapped on the top 1/3 and not within six inches of
a joint, nor with 10 feet of another lateral connection. Laterals
shall be placed so as to conform to these requirements, unless otherwise
authorized in writing by the Utility District.
(6)
The contractor shall be liable to the Utility District for any damage
to any of the property or assets of the Utility District that may
occur, directly or indirectly, as a result of the contractor performing
such tapping or connection. The contractor shall reimburse the Utility
District for any such damage immediately upon receiving an invoice
for the same.
(7)
All costs and expenses incurred by the contractor in making a tap
or connection shall, as between the Utility District and the serviced
property owner, be fully paid for by the serviced property owner.
The Utility District shall not in any manner be liable for or responsible
for such costs and expenses.
(8)
Prior to making any tap or connection into the Utility District's
sanitary sewer system, a connection charge shall be paid to the Utility
District pursuant to a schedule maintained by the District as amended
from time to time. The connection charge shall be based on the number
and type of residential dwelling units and/or equivalent number of
single-family residential dwelling units of service in the residential
dwelling and/or nonresidential unit in question.
G.
Lateral installations.
(1)
All laterals (service pipes) on private property will be installed
in accordance with Ch. SPS 382, Wis. Adm. Code. Those portions of
the lateral within the street right-of-way shall be installed with
a minimum depth of cover of 6.5 feet and shall be a minimum of four
inches in diameter.
(2)
Lateral connectors shall be purchased from the Utility District to
ensure system conformity.
(3)
The location of laterals shall be marked by installing a locating
tracer wire.
(4)
Old building sewers may be used in connection with new buildings
only when they are found on examination and test by the Building Inspector
to meet all requirements of this chapter.
(5)
When installing PVC pipe, the trench shall be over excavated to provide
a minimum of four inches of sanitary sewer bedding under the pipe.
The sanitary sewer bedding shall be placed to a level at least 12
inches above the pipe, and compacted. The sanitary sewer bedding shall
meet the Village of Salem Lakes Utility District "Standard Specifications
for Sanitary Sewer and Water Main Improvements."
(6)
The plumber in charge or property owner shall notify the Building
Inspector in person by telephone or in writing when the work is ready
for inspection.
(7)
When work is ready for inspection the plumber in charge or property
owner shall make such arrangements as will enable the Building Inspector
to inspect all parts of the building sewer installed. The plumber
or owner shall have present the proper apparatus and appliances for
making the tests and shall furnish such assistance as may be necessary
in making proper inspection.
(8)
The building lateral from the point of connection with a sewer system
to the point of connection to the building drain shall be inspected
before covering and tested with either a water test or air test at
a pressure of 5.0 psi at the lowest elevation before and after backfilling.
H.
Grinder pump installations.
(1)
For those areas which are served by means of grinder pump installations,
the sanitary sewer user shall furnish plans and specifications for
the grinder pump installation. If the Utility District approves the
grinder pump station supplied by the sanitary sewer user, the Village
Building Inspector shall issue a permit for services.
(2)
The grinder pump shall be installed on private property in accordance
with the applicable section of Ch. SPS 382, Wis. Adm. Code.
(3)
Grinder pump systems installed on a low-pressure sewer system shall
include a curb stop and curb box at the property line. The curb stop
and curb box shall be purchased from the Utility District to ensure
system conformity.
A.
Adoption of Wisconsin Administrative Code. There are hereby adopted
all the rules and regulations of the State Plumbing and Building Codes,
the building rules of the Department of Safety and Professional Services
and the Wisconsin Department of Natural Resources insofar as the same
are applicable to the Utility District.
B.
Mandatory hookup.
(1)
Buildings to be connected. The owner of each parcel of land adjacent
to a public sewer on which there exists a building usable for human
habitation or occupancy and which is within 300 feet of a sanitary
sewer line is considered serviced by the sewage system and shall be
connected to the sewage system within 60 days of notice that the line
is operable. Upon failure of the property owner to voluntarily do
so, at the property owner's own cost and expense, the Village Board
may take such steps as may be available under the law to have the
property owner make the required connection.
(2)
Private sewage systems prohibited. The maintenance and use of septic
tanks, soil-absorption fields, holding tanks or any other type of
alternative sewage system serving any buildings or premises intended
for human habitation or use as toilet facilities and located adjacent
to public sewer or in a block through which sewer is extended is hereby
prohibited. If any person fails to discontinue the use of such facilities
and to connect to public sewer within 60 days after notice in writing,
the Village may take such steps as may be available under the law
to have the property owner make the required connection.
C.
Improper use and damage.
(1)
Prohibited. No person shall willfully injure the wastewater collection
system or any building, machinery or fixture pertaining thereto, or
willfully and without authority of the Utility District bore or otherwise
cause to leak any tunnel, aqueduct, reservoir, pipe or thing used
in the system for holding, conveying or collecting sewage.
(2)
Excess BOD5 or suspended solids. No person
shall introduce sewage into the system which shows an excess of a
BOD5 or suspended solids concentration of over
200 mg/l or 240 mg/l, respectively (normal domestic sewage), without
prior arrangements having been made with the Utility District; subject
to agreement, a surcharge shall be made based on the excess of BOD5 or suspended solids at established rates as provided in § 435-6E of this chapter. The Utility District has the right to test the sewage at any point within the collection system of the sanitary sewer user or consumer. Sanitary sewer users discharging toxic pollutants shall pay for any increased operation and maintenance or replacement costs caused by the toxic pollutants.
(3)
Prohibited discharge into sewers. No sanitary sewer user shall discharge
or cause to be discharged any of the following described liquids or
solid wastes to any sanitary sewer:
(a)
Any stormwater, surface water, groundwater, roof runoff, sump
pump discharge, or surface drainage.
(b)
Any fluids or solids containing toxic or poisonous elements
in sufficient quantity, either singly or by interaction with other
elements, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the wastewater treatment
system such as, but not limited to, circuit etching waste or plating
wastes.
(c)
Any fluids or solids having any other corrosive property capable
of causing damage or hazard to structures, equipment, and/or personnel
of the wastewater collection system or wastewater treatment system.
(d)
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(e)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feather, tar, plastics, wood, manure or any other solid or sticky
substance capable of causing obstruction of the flow of sewers, or
other interference with the proper operation of the wastewater collection
system or wastewater treatment system.
(f)
Any fluid or solid containing chromium, copper, zinc, cyanide
and similar objectionable or toxic substances which exceed the limits
which are established for such materials. Unless more restrictive
limits are established by a state or federal regulatory agency having
jurisdiction, the following concentration in mg/l shall not be exceeded
on a grab sample basis:
|
Arsenic
|
0.2
|
Mercury*
|
detectable
|
|
Cadmium
|
0.5
|
Nickel
|
1.7
|
|
Chromium, total
|
0.7
|
Selenium
|
0.3
|
|
Copper
|
1.5
|
Silver
|
0.5
|
|
Cyanide
|
0.5
|
Zinc
|
1.7
|
|
Lead
|
0.4
| ||
|
*
|
Wastewaters containing mercury will not be allowed to be discharged
to the system.
| ||
(g)
Any water or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such material in the wastewater collection system or wastewater treatment
system.
(h)
Any noxious or malodorous gas or substance capable of creating
a public nuisance other than normal human waste.
(i)
Any garbage that has not been properly shredded. Any garbage
that has not been properly shredded or solid material having any dimension
greater than 1/2 inch.
(j)
Any liquid or vapor having a temperature higher than 150°
F.
(k)
Any liquid containing fats, wax, grease or oils, including petroleum
oil, nonbiodegradable cutting oils or products of mineral oil origin,
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.
(l)
Any water or waste with pH lower than 5.5 or higher than 9.0,
having any corrosive property capable of causing damage or hazard
to structures, equipment and/or personnel of the sanitary sewer or
wastewater treatment works.
(m)
Any wastewater from industrial plants containing floatable oils,
fat or grease.
(n)
Any radioactive waste or isotopes of such half-life or concentration
as may exceed limits established by the Utility District in compliance
with applicable state or federal regulations.
(o)
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.
(p)
Incompatible pollutants in excess of the allowed limits as determined
by state and federal rules and regulations in reference to pretreatment
standards developed by the Environmental Protection Agency, 40 CFR
403.
(q)
Any materials which exert or cause unusual volume of flow or
concentration of wastes constituting "shocks" as defined herein.
(r)
Any emulsifier.
(4)
Compliance with WPDES. The Utility District shall comply with all
requirements of its WPDES permit and all modifications thereof. No
discharge shall be allowed into the sanitary sewers that is in violation
of the requirements of the WPDES permit and the modifications thereof.
(5)
Special agreements permitted. No statement contained in this section
shall be construed as prohibiting any special agreement between the
Utility District and any person whereby an industrial waste of unusual
strength or character may be admitted to the wastewater collection
and treatment facilities, either before or after pretreatment, provided
that there is no impairment of the functioning of the wastewater collection
and treatment facilities by reason of the admission of such wastes
and no extra costs are incurred by the Utility District without recompense
by the person, and provided that all rates and provisions set forth
in this chapter are recognized and adhered to.
D.
Accidental discharges.
(1)
Each discharger shall provide protection from the accidental discharge
of prohibited or regulated materials or substances established within
this chapter. Where necessary, facilities to prevent the accidental
discharge of prohibited materials shall be provided and maintained
at the discharger's expense. Sanitary sewer users shall notify the
Utility District immediately upon the occurrence of an accidental
discharge of substances prohibited by this chapter. The notification
shall include location of discharge, date and time thereof, type of
waste, concentration and volume, and corrective actions taken.
(2)
Within five days following an accidental discharge, the discharger
shall submit to the Utility District a detailed report describing
the cause of the discharge and measures taken by the sanitary sewer
user to prevent similar future occurrences. Such report will be signed
by the authorized representative of the discharger.
(3)
Such written notification shall not relieve the sanitary sewer user
of any expense, loss, or other liability that may be incurred as a
result of damage to the Utility District system, nor shall such notification
relieve the sanitary sewer user of any fines, civil penalties or other
liabilities that may be imposed by this chapter or other applicable
law.
(4)
Signs shall be permanently posted in conspicuous places on the discharger's
premises advising employees whom to call in the event of a slug load
or accidental discharge. Employers shall instruct employees who may
cause or discover such a discharge with respect to an emergency notification
procedure.
E.
Damage recovery. The Utility District shall have the right of recovery
from any person for any expense incurred by the Utility District for
the repair or replacement of any sewer pipe damaged in any manner
by any person by the performance of any work under his or her control
or by any negligent or intentional act.
F.
Vacating premises and discontinuance of service. Whenever any building served by sewer has been or is about to be vacated, whether by razing, destruction or moving, or whenever a building served by sewer has been rendered uninhabitable by the removal of all plumbing and plumbing fixtures and the owner thereof makes application in writing for and is granted permission to discontinue sewer service, the lateral shall be cut off and plugged at the property line by an approved means and inspected by the Building Inspector prior to the refilling of any excavation. Where any building is to be razed under § 66.0413, Wis. Stats., the Village Board shall notify the Building Inspector, who shall cause the necessary work to be done and the cost thereof charged to the property as part of the cost of such razing. Upon discontinuance of service in such manner, the usage fee for sewer service shall cease. Premises disconnected in such manner shall be liable for the connection fee provided in § 435-4F(8) hereof upon reconnection to the public sewer. The owner of the premises, in addition to the costs incurred for such disconnection, shall be liable for any damage to the Utility District's property, other than such as may be caused by the Utility District's employees or representatives.
G.
Right to amend. The Village Board may amend the rules, regulations
and sewer rates from time to time as it deems advisable and make special
rates and contracts in all proper cases.
H.
Deleterious discharge. Any person found to be responsible for allowing
any deleterious discharge into the wastewater collection system, whether
such discharge is intentional or accidental, which causes damage to
the sewage collection and/or treatment system or the body of water
receiving effluent from the treatment plant, shall, in addition to
any penalties imposed under this chapter, compensate the Village for
any damages occasioned thereby as determined by the Village Board.
I.
Written notice of violations. Any person found to be violating any provision of this chapter, except § 435-9, shall be served by the Utility District with a written notice stating the nature of the violation and providing a time frame for the satisfactory correction thereof. In the event the offender fails to timely stop the violation, the Village may pursue all of the remedies and procedures available under the law to stop the violation.
J.
Review of decisions. Any sanitary sewer user, permit applicant or
permit holder affected by any decision, action or determination, including
cease and desist order, made by the Utility District interpreting
or implementing the provisions of this chapter or in any permit issued
herein, may file with the Utility District 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 sanitary sewer user's
request for reconsideration. The Utility District shall render a decision
on the request of reconsideration to the sanitary sewer user, permit
applicant or permit holder in writing within 15 days of receipt of
request. If the ruling on the request for reconsideration made by
the Utility District is unsatisfactory, the person requesting reconsideration
may within 10 days after notification of the action file a written
appeal with the Village Board.
A.
Revenue requirements. It shall be the policy of the Utility District
to obtain sufficient revenues to pay the annual debt retirement payment
on any bonded or other indebtedness, any required cash reserve account
payment and the cost of operation and maintenance of the wastewater
collection system or wastewater treatment system, including a replacement
fund (i.e., a cash account to be used for future expenditures for
obtaining or installing equipment, accessories or appurtenances which
are necessary to maintain the capacity and performance of the sewage
works) through a system of sanitary sewer user charges as defined
in this section. The service charge system shall assure that each
sanitary sewer user of the wastewater collection system or wastewater
treatment system pays an equitable share of the cost of such works
based on volume and demand.
B.
Classification of sanitary sewer users. All sanitary sewer users
shall be classified by the Utility District as residential/commercial
(domestic strength) or industrial customers.
C.
Sewer service charges. Sewer service charges shall consist of a billing
based on user charge equivalents (UCE) or unit charges based on the
water volume and pollutant loading discharged by the sanitary sewer
user. Volume and pollutant loading shall be used for billing purposes
only for industrial and commercial sanitary sewer users where the
character and concentration of pollutants being discharged into the
system varies materially from normal domestic wastewater. In such
cases, the sanitary sewer user shall, at its expense, install such
metering and testing facilities as may be required by the Utility
District. A rate or rates shall be established by the Utility District
for such sanitary sewer users to reflect the costs involved in treating
such wastewater.
D.
Determination of service charges. The quarterly billing shall be
based on the fixed costs of the Utility District, which consist of
debt payment and reserve accounts, and on the actual number and size
of sanitary sewer users and actual operating and maintenance costs
within the Utility District as determined by the annual budget of
the Utility District.
E.
Sewer rates.
[Amended 3-11-2019 by Ord. No. 2019.03-1]
(1)
Categories. Sewer rates for the Utility District sewer customers
shall be in two categories:
(a)
Category A. Category A shall be those sanitary sewer users who
discharge normal domestic strength wastewater (BOD5, 200 mg/l or less; suspended solids, 240 mg/l or less; and phosphorus,
10 mg/l or less). Rates shall be imposed based on the following user
charge equivalent (UCE) base charges:
|
Date
|
Charge per UCE
|
|---|---|
|
Prior to January 1, 2020
|
$146
|
|
January 1, 2020 to December 31, 2020
|
$152
|
|
January 1, 2021 to December 31, 2021
|
$158
|
|
January 1, 2022 to December 31, 2022
|
$164
|
|
January 1, 2023 to December 31, 2023
|
$170
|
|
January 1, 2024 to December 31, 2024
|
$176
|
|
January 1, 2025 to December 31, 2026
|
$182
|
|
January 1, 2027 to December 31, 2027
|
$188
|
(b)
Category B. Category B shall be those sanitary sewer users who discharge wastewater with concentration of pollutants in excess of those specified in Subsection E(1)(a) above. Sewer service charges for Category B sanitary sewer users shall be based on treatment costs and shall take into account volume of wastewater plus specific charges for treating BOD5, suspended solids and
phosphorus.
(3)
When payments due. All charges for sewer service shall be made quarterly
and shall be payable on the first day of January, April, July and
October in each year or on such date or dates as established by District
personnel from time to time. A penalty of 6% will be added to those
bills not paid on or before the 15th day after the due date of the
bill. Thereafter, a further penalty of 6% shall be imposed on each
unpaid bill, plus on all penalty amounts accrued to date, each and
every subsequent quarterly due date until the unpaid bill, plus all
accrued penalty amounts, are paid in full or until such unpaid bill
and accrued penalty amounts become a lien on the property served as
hereinafter provided. Failure to receive a bill shall not excuse nonpayment.
Sewer service charges shall be a lien on the property served in accordance
with Wisconsin Statutes.
F.
Sewer charges a lien on property. All sewer service charges and special
assessments shall be a lien on the land to which sewer service was
supplied. All Utility District charges which are in arrears, together
with applicable interest, fees and penalties, shall be collected as
a tax pursuant to the provisions of § 66.0809 of the Wisconsin
Statutes.
G.
Operation, maintenance and replacement fund accounts.
(1)
The annual replacement revenues shall be maintained in a separate
account to be used solely for the purpose of purchasing replacement
parts and/or equipment. Funds may be withdrawn from the replacement
fund account for these uses only with the approval of the Village
Board.
(2)
All revenues for the operation and maintenance of the wastewater
collection and treatment systems must be used solely for the operation
and maintenance expenses of the wastewater collection and treatment
systems.
H.
Service charges outside of Utility District. The Utility District
may, in its discretion, accept and serve customers outside of the
Utility District under such terms and conditions as the Village may,
from time to time, establish.
A.
Submission of basic data.
(1)
Any person who discharges industrial wastes to a public sewer and
who has not previously filed a report shall prepare and file with
the Utility District a Form 3400-28, "Industrial Waste Contribution
to Municipal System" or similar report which includes pertinent data
relating to the quantity and characteristics of the wastes discharged
to the wastewater collection and treatment systems. The Utility District
may require that this data be provided annually at a time specified
by the Utility District.
(2)
Any person desiring to make a new connection to a public sewer for
the purpose of discharging industrial wastes shall prepare and file
with the Utility District a report that shall include actual or predicted
data relating to the quantity and characteristics of the waste to
be discharged.
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 Subsection A, a request for extension of time may be presented to the Utility District 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 § 435-5C and which in the judgment of the Utility District have a deleterious effect upon the wastewater collection system, wastewater treatment system, including processes and equipment, or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the Utility District may:
D.
Control manholes.
(1)
Each person discharging industrial wastes into a public sewer shall,
at the discretion of the Utility District, construct and maintain
one or more control manholes or access points to facilitate observation,
measurement and sampling of his wastes, including domestic sewage.
(2)
Control manholes or access facilities shall be located and built
in a manner acceptable to the Utility District. If measuring devices
are to be permanently installed, they shall be of a type acceptable
to the Utility District.
(3)
Control manholes, access facilities and related equipment shall be
installed by the person discharging the waste at his expense and shall
be maintained by him 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 Utility District prior to the beginning of
construction.
E.
Metering of waste. Devices for measuring the volume of waste discharged
may be required by the Utility District if this volume cannot otherwise
be determined. 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 Utility District.
F.
Waste sampling.
(1)
Industrial wastes discharged into the public sewers shall be subject
to periodic inspection and a determination of character and concentration
of such wastes. The determination shall be made by the industry as
often as may be deemed necessary by the Utility District.
(2)
Installation, operation and maintenance of the sampling facilities
shall be the responsibility of the person discharging the wastes and
shall be subject to the approval of the Utility District. Access to
sampling locations shall be granted to the Utility District or its
authorized employees 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.
G.
Pretreatment. Where required, in the opinion of the Utility District,
to modify or eliminate wastes that are harmful to the structures,
processes or operation of the wastewater collection system or wastewater
treatment system or that require special pretreatment before entering
the wastewater collection and treatment system, the person shall provide
at his expense such preliminary treatment or processing facilities
as may be determined necessary to render his wastes acceptable for
admission to the wastewater collection and treatment systems.
H.
Grease and/or sand interceptors.
(1)
Grease, oil, lint and sand interceptors shall be provided when, in
the opinion of the Utility District, they are necessary for the proper
handling of liquid wastes containing floatable grease in excessive
amounts or any flammable wastes, sand, lint or other harmful ingredients,
except that such interceptors shall be of a type and capacity approved
by the Utility District and shall be located as to be readily and
easily accessible for cleaning and inspection.
(2)
The grease and/or sand interceptors shall be pumped at a minimum
frequency of one time per year and inspected annually by a licensed
plumber or contract hauler. The sanitary sewer user shall submit a
report to the Utility District annually. The report shall include
amount of grease removed, date of removal, name and license number
of inspector, date of inspection, and results of inspection. The frequency
of pumping will be more frequent than annually if deemed necessary
by the Utility District.
(3)
In maintaining these interceptors, the owner 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 Utility District. Disposal of the
collected materials performed by the owner's personnel or currently
licensed waste disposal firms must be in accordance with acceptable
Department of Natural Resources practice.
I.
Analyses.
(1)
All measurements, tests and analyses of the characteristics of waters
and wastes to which reference is made in this chapter 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 federal regulation 40 CFR 136, Guidelines
Establishing Test Procedures for the Analysis of Pollutants. Sampling
methods, location, time durations and frequencies are to be determined
on an individual basis subject to approval by the Utility District.
(2)
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or by his agent
as designated and required by the Utility District. The Utility District
may also make its own analysis of the wastes, and these determinations
shall be binding as a basis for sewer service charges.
J.
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 Utility
District prior to the start of their construction if the effluent
from such facilities is to be discharged into the public sewers.
K.
Private interceptor sewers. The owner of private interceptor sewers
shall submit as-built drawings of the sanitary sewer system to the
Utility District.
A.
Special assessments.
(1)
Whenever the Village Board shall, by resolution, require sewer service
pipes to be extended in any area of the Utility District, the Village
Board may levy and collect special assessments upon the property to
which such sewer is extended as provided by Wisconsin Statutes.
(2)
The Village Board may also, upon written request and submittal of
a preliminary development plan by a developer, authorize the Utility
District's engineers to prepare a preliminary cost estimate of required
utilities for the purpose of determining the amount of cash deposit
required of the developer for additional engineering work.
B.
Utility District sewer extensions.
(1)
Following the Board's resolution, the Utility District will authorize
the preparation of the preliminary cost estimate of the required utilities.
The cost of any work or improvements to be paid in whole or in part
by special assessment on property includes the direct and indirect
cost thereof, the damages occasioned thereby, the interest on bonds
or notes issued in anticipation of the collection of the assessments,
a reasonable charge for the services of the administrative staff of
the Utility District, the cost of any architectural, engineering and
legal services and any other item of direct or indirect cost which
may reasonably be attributed to the proposed work or improvement in
accordance with Wisconsin Statutes.
(2)
The amount to be assessed against all property for any such proposed
work or improvement shall be apportioned among the individual parcels
in the manner designated by the Village Board.
(3)
The Utility District shall then cause notice of a public hearing
to be given stating the nature of the proposed work or improvement;
the general boundary lines of the proposed assessment included; at
the discretion of the Utility District, a small map thereof; the place
and time at which the preliminary cost estimate may be inspected;
and the place and time at which all interested persons may appear
before the Village Board or the Utility District and be heard.
(4)
After the hearing, the Village Board may approve, disapprove or modify
the proposed sewer extension or assessment determinations. When the
Village Board determines to proceed with the improvement, it will
approve the plans and specifications and adopt a resolution directing
that such improvement be carried out in accordance with the report
as finally approved and providing for the terms of payment.
(5)
Whenever the actual cost of any project, upon completion or after
the receipt of bids, varies materially from the estimate, or whenever
any assessment is void or invalid for any reason, the Village Board
may, after public hearing, amend, cancel or confirm the prior assessment.
C.
Developer sewer extensions.
(1)
Preparation of plans. Upon deposit with the Utility District of 10% of the preliminary cost estimate by the developer, the Village Board will then, unless otherwise permitted under Subsection C(5), authorize the Utility District's engineers to prepare detailed plans and specifications for the required utilities. Upon completion of the plans and specification, copies will be forwarded to all state approving agencies, the Village Board and the developer.
(2)
Bidding.
(a)
Following approval of the plans, the Village Board shall authorize
advertising the project for construction bids and shall receive such
bids all in accordance with Wisconsin Statutes.
(b)
Upon receipt of construction bids on the determination of the
lowest responsible bidder, the Village Board shall inform the developer
of the amount of such bid and the name of the contractor to whom the
contract shall be awarded should the project proceed.
(c)
At this time, should the developer determine that the cost of
the proposed project is over that which he wishes to invest, all bids
will be rejected, the contract will not be awarded and the project
shall not proceed. All costs incurred by the Utility District for
engineering, legal and administrative expenses up to this point will
be deducted from the developer's ten-percent deposit, and any moneys
remaining shall be returned to the developer. If the costs incurred
by the Utility District are greater than the developer's ten-percent
deposit, the developer shall make appropriate payment to the Utility
District.
(3)
Security deposit.
(a)
If the developer elects to proceed with construction of the
project, he shall deposit with the Utility District a total of 120%
of the construction bid. This may be made in the form of a cash deposit
or an irrevocable letter of credit acceptable to the Utility District's
attorney at the Village Board's option.
(b)
Following deposit of the necessary funds to cover construction
of the project and expenses to be incurred by the Utility District,
including engineering, legal, administrative and other contingencies,
the Village shall then award the project to the lowest responsible
bidder and enter into a contract with the successful contractor all
in accordance with Wisconsin Statutes.
(c)
Upon completion of the construction project and the determination
of final costs based on the "as-built" quantities, any moneys remaining
on deposit shall be returned to the developer. If sufficient funds
for payment of all costs are not available from the deposited funds,
the developer shall deposit the required additional amounts upon demand
by the Utility District.
(4)
Grinder pump installations. The provisions of § 435-4H of this chapter shall apply to developers.
(5)
Construction by developer. If the project is minor in size and scope,
the Village Board may permit the developer to have plans and specifications
drawn by his own engineer, subject to the approval of the Utility
District's engineer, and to solicit his own bids and enter into his
own contract with the successful contractor, all in accordance with
Wisconsin Statutes In this event, the developer will deposit with
the Utility District the estimated amount to cover the engineering
cost for construction services, inspection, staking and record drawings.
D.
The Utility District may authorize a customer to make connection
to the system under the terms and conditions of a "Long Lateral Agreement"
consistent with the long lateral policy maintained by the Utility
District.
Any customer receiving sewer service outside the boundaries
of the Utility District shall be subject to all of the provisions
of this chapter and any amendments thereto and, in addition, shall
be subject to the following rules and regulations.
A.
Maintenance responsibility. Outside customers shall maintain their
sewage collection systems and laterals in good repair at their own
cost. The Utility District may make inspection of any such customer's
lines at any time and may inspect any plumbing apparatus or fixtures
connected to such lines to ensure that water is not leaking into the
system unnecessarily. Inspection may be made by any effective means,
including television inspection of sewer lines, and the customer will
provide access to Utility District employees or agents for any such
inspection. Reports of any discrepancies discovered by such inspection
shall be communicated to the customer and shall be promptly corrected.
Any discrepancies which are not corrected within a reasonable length
of time may be corrected by the Utility District and the cost thereof
charged to the customer.
B.
Billing information required. Outside nonbenefited customers shall
provide the Utility District with any available data which may assist
the Utility District in determining unit charge equivalents for billing
purposes. Such information may consist of customer counts, traffic
accounts, gross receipts, attendance records, seating capacities or
any other data which may assist in estimating wastewater flows and
loadings.
C.
Additions or expansions. Outside nonbenefited customers shall promptly
notify the Utility District of any addition to or expansion of existing
sanitary sewer users and shall identify each additional appliance,
fixture or drain connected to the sewage collection system, giving
capacities, estimated flow and any other information pertaining to
the extent and character of sewer use which will assist the Utility
District in making a determination of user charge equivalents (UCE).
A.
Permission required. No person in the business of gathering and disposing
of septic tank sludge or holding tanks shall transfer such material
into any disposal facility located within the Utility District boundaries
unless written permission for disposal has been first obtained from
the Utility District. Written application for such permission shall
be made to the Utility District and shall state the name, address
and Wisconsin DNR Septage Hauling Business License number of the applicant.
The Utility District may impose such conditions as it deems necessary
on any permit granted.
B.
Charges. Charges for disposal of holding tank waste, septic waste
and leachate shall be as determined in accordance with the following
schedule. Bills shall be mailed on a monthly basis and, if payments
are not received in 30 days thereof, disposal privileges may be suspended.
[Amended 3-11-2019 by Ord. No. 2019.03-1]
|
Type of Disposal Material
|
Rate per 1,000 Gallons
|
|---|---|
|
Holding tank
|
$7
|
|
Septic waste
|
$45
|
|
Leachate
|
$30
|
C.
Public liability insurance. Any person or party disposing of septic
tank or holding tank sludge shall carry public liability insurance
in an amount not less than $100,000 to protect any and all persons
or property from injury and/or damage caused in any way or manner
by any act or failure to act by any of his employees. The person shall
furnish a certificate certifying such insurance to be in full force
and effect.
D.
Hold harmless. The person disposing waste agrees to indemnify and
save harmless the Utility District from any and all liability, claims,
damages or costs arising out of or resulting from such disposal.
E.
Performance bond. The person disposing waste shall furnish a bond
to the Utility District in the amount of $1,000 to guarantee performance.
Such performance bond shall be delivered to the Utility District prior
to the issuance of the permit hereunder.
F.
Compliance with ordinances. The person disposing of waste shall comply
with the provision of any and all applicable ordinances of the Utility
District.
G.
Dumping limited to treatment plant. All dumping shall be done at
the dumping facility provided at the wastewater treatment system site.
No dumping will be allowed at remote manholes without written permission
from the Utility District.
H.
Suspension of dumping. If the Utility District determines that it
does not have the capacity capable for treatment of septage or holding
tank waste, the Utility District shall limit or suspend such dumping
until adequate capacity becomes available.
A.
The property owner shall follow one of the following procedures for
abandoning a holding tank:
(1)
Remove the tank and fill hole with soil, gravel, and/or sand.
(2)
Remove the top of the tank and fill with soil, gravel, or sand. The
minimum width of the opening shall be two feet for entire length of
holding tank.
(3)
Cut holes in the ends of the holding tank. Fill tank with a slurry
mixture of 1,350 pounds sand, 1,925 pounds No. 6 stone, and 30 gallons
of water per cubic yard of material.
B.
The property owner shall decide whether to abandon the existing ejector
system and modify the plumbing to connect to the sanitary lateral,
or maintain the existing ejector system and modify the plumbing to
connect to the sanitary lateral.
B.
The District's UCE Schedule for each listed use category shall represent
the estimated peak volume and demand factors of wastewater discharged
into the system compared to the volume and demand factors of wastewater
discharged into the system by a single-family residence with the capability
of producing normal domestic wastewater.
C.
The UCE for any sanitary sewer user not included in the District's
UCE Schedule shall be determined by the Utility District.
Exemptions to any part of this chapter may be granted by the
Village Board upon request, by a sanitary sewer user or potential
sanitary sewer user of the system. The Utility District reserves the
right to require submittal of any information which is deemed necessary
to rule on such requests.
A.
C.
Surcharges. The Utility District may impose a surcharge to the sanitary
sewer bill to any sanitary sewer user who violates any provision of
this chapter relating to:
(1)
Failing to allow authorized Utility District representatives to enter on private property for the purpose of inspections to ensure compliance with the terms of Chapter 435, Sewers and Water.
(2)
Failing to remove, replace, or repair any improper connection to the sanitary sewer system as provided in § 435-5C(3)(a).
(3)
Failing to maintain sanitary lateral on private property free of
defective conditions.
(4)
Failing to allow authorized Utility District representatives to enter
on private property for the purpose of televising the sanitary lateral
from the cleanout to the sanitary sewer.
D.
Surcharge amounts. The Utility District shall determine the sanitary
sewer user category for identifying the appropriate surcharge. The
surcharge imposed shall be:
(1)
For residential properties of two or less dwelling units: $50 per
month.
(2)
For commercial properties less than 2,000 square feet: $300 per month.
(3)
For residential properties three or four dwelling units: $300 per
month.
(4)
For residential properties greater than four dwelling units: $1,000
per month.
(5)
For commercial properties 2,000 square feet or greater: $1,000 per
month.
(6)
For industrial sewer use properties: $1,000 per month.
E.
Notice of surcharge to sanitary sewer users.
(1)
The Utility District shall levy the surcharge when necessary. The
Utility District shall notify the property owner that such surcharge
will be levied. At least one such notice shall be by registered mail,
return receipt requested. A signed receipt and/or notice that delivery
has been refused shall constitute notice sufficient to impose the
surcharges.
(2)
Prior to imposing a surcharge for failure to remove, replace, or
repair any improper connection or repair of any lateral, the Utility
District shall give the property owner at least 60 days for such removal,
replacement, or repair. Additional time may be granted at the discretion
of the Utility District.
This chapter governing sewer use, industrial wastewater discharges,
sewerage service charges, and sewer connections and construction shall
supersede and constitutes repeal of all previous conflicting ordinances
of the Village.
