Chapter 435 Sewers and Water

Application for service.

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."

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.

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.

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.

Connections to public sewers.

Maintenance of connection.

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.

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.

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.

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:

Any required repairs or replacements of a grinder pump and/or its related electrical connections and/or controls; or

[2]

Any pumping or removal of sewage or wastewater that may accumulate due to the noncompliance.

(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:

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).

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:

The premises containing the several buildings is owned by a single person.

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.

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.

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.

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.

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.

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.

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.

Excavations.

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.

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.

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.

Connecting to public sewers.

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.

Any qualified and approved contractor wishing to make a tap or connection to the public sewer shall:

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

File with the Village the following with respect to each such tap or connection:

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.

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.

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.

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.

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.

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.

Lateral installations.

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.

Lateral connectors shall be purchased from the Utility District to ensure system conformity.

The location of laterals shall be marked by installing a locating tracer wire.

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.

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."

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.

Grinder pump installations.

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.

The grinder pump shall be installed on private property in accordance with the applicable section of Ch. SPS 382, Wis. Adm. Code.

§ 435-5 Sanitary sewer user rules and regulations.

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.

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.

Mandatory hookup.

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.

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.

Exception. Notwithstanding the provisions of Subsection B(1) and (2) above, the Village Board may establish a longer time for connection to newly constructed sewer lines.

Improper use and damage.

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.

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.

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:

Any stormwater, surface water, groundwater, roof runoff, sump pump discharge, or surface drainage.

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.

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.

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.

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.

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.

Accidental discharges.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 435-6 Sewer service charge system.

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.

Classification of sanitary sewer users. All sanitary sewer users shall be classified by the Utility District as residential/commercial (domestic strength) or industrial customers.

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.

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.

Sewer rates.

[Amended 3-11-2019 by Ord. No. 2019.03-1]

Categories. Sewer rates for the Utility District sewer customers shall be in two categories:

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

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.

Sewer service charges. The specific rates and/or charges for the Utility District Sewer Category A nonresidential customers shall be determined by multiplying the applicable UCE determined pursuant to § 435-12 times the applicable UCE base rate set forth in Subsection E(1)(a) above.

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.

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.

Operation, maintenance and replacement fund accounts.

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.

§ 435-7 Control of waste and wastewater discharges.

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.

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.

Submission of basic data.

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.

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.

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.

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:

Reject the wastes;

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

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

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 435-6.

Control manholes.

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.

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.

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.

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.

Waste sampling.

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.

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.

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.

Grease and/or sand interceptors.

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.

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.

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.

Analyses.

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.

§ 435-8 Additions to public sewer system.

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.

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.

Private interceptor sewers. The owner of private interceptor sewers shall submit as-built drawings of the sanitary sewer system to the Utility District.

Special assessments.

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.

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.

Utility District sewer extensions.

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.

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.

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.

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.

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.

Developer sewer extensions.

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.

Bidding.

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.

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.

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.

Security deposit.

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.

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.

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.

Grinder pump installations. The provisions of § 435-4H of this chapter shall apply to developers.

§ 435-9 Outside customers; rules and regulations.

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.

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.

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.

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.

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).

§ 435-10 Septic tank and holding tank disposal.

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.

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; 10-10-2022 by Ord. No. 2022.10-59]

Type of Disposal Material	Rate per 1,000 Gallons
Holding tank	$8
Septic waste	$80
Leachate	$30

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.

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.

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.

Compliance with ordinances. The person disposing of waste shall comply with the provision of any and all applicable ordinances of the Utility District.

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.

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.

§ 435-11 Holding tank abandonment.

The property owner shall follow one of the following procedures for abandoning a holding tank:

Remove the tank and fill hole with soil, gravel, and/or sand.

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.

§ 435-12 Unit charge equivalent UCE determination.

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.

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.

The UCE for each sanitary sewer user shall be as set forth in a UCE Schedule maintained by the Utility District as amended from time to time.[1]

Editor's Note: The UCE Schedule is on file in the Village offices.

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.

The UCE for any sanitary sewer user not included in the District's UCE Schedule shall be determined by the Utility District.

§ 435-13 Exemptions.

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.

§ 435-14 Violations and penalties.

Violations.

Except as otherwise provided, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder, upon conviction thereof, shall be subject to a penalty as provided in § 1-4.

Any person found in violation of § 435-5C shall, upon conviction thereof, be subject to a penalty as provided in § 1-4.

Prosecution. The prosecution of any offense under § 435-5 through § 435-14 shall not bar the Utility District from concurrently or separately enforcing compliance with any of the requirements of such sections by injunction or other means provided by law.

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:

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.

Failing to remove, replace, or repair any improper connection to the sanitary sewer system as provided in § 435-5C(3)(a).

Failing to maintain sanitary lateral on private property free of defective conditions.

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.

Surcharge amounts. The Utility District shall determine the sanitary sewer user category for identifying the appropriate surcharge. The surcharge imposed shall be:

For residential properties of two or less dwelling units: $50 per month.

For commercial properties less than 2,000 square feet: $300 per month.

For residential properties three or four dwelling units: $300 per month.

For residential properties greater than four dwelling units: $1,000 per month.

For commercial properties 2,000 square feet or greater: $1,000 per month.

For industrial sewer use properties: $1,000 per month.

Notice of surcharge to sanitary sewer users.

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.