[Adopted 12-1-1982 by Ord. No. 82-12-01]
A.
The management, operation, and control of the sewer system for the
Village of Browntown is vested in the Trustees of said Village of
Browntown; all records, minutes and all written proceedings thereof
shall be kept by the Clerk of the Village; the Deputy Clerk of the
Village shall keep all the financial records.
B.
The Sewer Utility of the Village of Browntown shall have the power
to construct sewer lines for public use and shall have the power to
lay sewer pipes in and through the alleys, streets, and public grounds
of the Village of Browntown and, generally, to do all such work as
may be found necessary or convenient in the management of the sewer
system. The Board of Trustees shall have power by itself, its officers,
agents, and servants to enter upon any land for the purpose of making
examination or supervise in the performance of its duties under this
article, without liability therefor, and the Board of Trustees shall
have power to purchase and acquire for the Village of Browntown all
real and personal property which may be necessary for construction
of the sewer system or for any repair, remodeling, or additions thereto.
C.
Condemnation of real estate. Whenever any real estate or any easement
therein, or use thereof, shall in the judgment of the Board of Trustees
be necessary to the sewer system, and whenever, for any cause, an
agreement for the purchase thereof cannot be made with the owner thereof,
the Board of Trustees shall proceed with all necessary steps to take
such real estate easement or use by condemnation in accordance with
the Wisconsin Statutes and the Uniform Relocation Assistance and Real
Property Acquisition Policy Act of 1970,[1] if federal funds are used.
[1]
Editor's Note: See 42. U.S.C. § 4601 et seq.
D.
Title to real estate and personalty. All property, real, personal
and mixed, acquired for the construction of the sewer system, and
all plans, specifications, diagrams, papers, books and records connected
therewith to said sewer system, and all buildings, machinery, and
fixtures pertaining thereto shall be the property of said Village
of Browntown.
The rules, regulations, and sewer rates of the Sewer Utility
of the Village of Browntown hereinafter set forth shall be considered
a part of the contract with every person, company or corporation who
is connected with the sewer system to the Village of Browntown Sewer
Utility, and every such person, company, or corporation by connecting
with the sewer system shall be considered as expressing his or their
assent to be bound thereby. Whenever any of said rules and regulations
or such others as the said Board of Trustees may hereafter adopt are
violated, the service shall be shut off from the building or place
of such violation (even though two or more parties are receiving service
through the same connection) and shall not be reestablished except
by order of the Village Board of Trustees, and on payment of all arrears,
the expenses and established charges of shutting off and putting on,
and such other terms as the Board of Trustees may determine, and a
satisfactory understanding with the party that no further cause for
complaint shall arise. In case of such violation, said Board of Trustees,
furthermore, may declare any payment made for the service by the party
or parties committing such violation to be forfeited, and the same
shall thereupon be forfeited. The right is reserved to Board of Trustees
to change the said rules, regulations, and sewer rates from time to
time as it may deem advisable, and to make special rates and contracts
in all proper cases.
The following rules and regulations for the government of licensed
plumbers, sewer users and others are hereby adopted and established:
A.
Plumbers. No plumber, pipe fitter, or other person will be permitted
to do any plumbing or pipe-fitting work in connection with the sewer
system without first receiving a license from the State of Wisconsin.
B.
Users.
(1)
Application for service.
(a)
Every person connecting with the sewer system shall file an
application, in writing, to the office of the Browntown Village Clerk,
in such form as is prescribed for that purpose. Blanks for such applications
will be furnished at the office of the Village Clerk. The application
must state fully and truly all the use which will be allowed except
upon further application and permission regularly obtained from said
Board of Trustees. If the applicant is not the owner of the premises,
the written consent of the owner must accompany the application. Persons
connected to the sewer system of the Village of Browntown are referred
to herein as "users."
(b)
The application may be for service to more than one building
or more than one unit of service through one service connection, and
in such case, charges shall be made accordingly.
(c)
If it appears that the service applied for will not provide
adequate service for the contemplated use, the Board of Trustees may
reject the application. If the Board of Trustees shall approve the
application, it shall issue a permit for services as shown on the
application.
(2)
Tap permits. After sewer connections have been introduced into any
building or upon any premises, no plumber shall make any alterations,
extensions, or attachments, unless the party ordering such tapping
or other work shall exhibit the proper permit for the same from the
Village Clerk.
(3)
User to keep in repair. All users shall keep their own service pipes
in good repair and protected from frost, at their own risk and expense,
and shall prevent any unnecessary overburdening of the sewer system.
(4)
User use only. No user shall allow others or other services to connect
the sewer system through his lateral.
(5)
User to permit inspection. Every user shall permit the Board of Trustees,
or its duly 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 their use.
(6)
Utility responsibility. It is expressly stipulated that no claim
shall be made against said Board of Trustees or the Village of Browntown
by reason of the breaking, clogging, stoppage, or freezing of any
service pipes; nor from any damage arising from repairing mains, making
connections or extensions or any other work that may be deemed necessary.
The right is hereby reserved to cut off the service 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 district
of the said Village of Browntown, the Village Clerk shall, if practicable,
give notice to each and every consumer within said Village of Browntown
of the time when such service will be so shut off.
(7)
Deposit. Each consumer shall pay, prior to hookup, to guarantee payment
of all charges herein, a deposit in cash in the amount equal to the
minimum quarterly sewer charge pursuant as hereinafter provided, said
minimum charge to be determined by the type of service by which the
property is connected to the mains. Such deposits will be refunded
after two years of timely payment of quarterly charges or when the
user moves from premises, whichever is first, providing all charges
are current.
C.
Excavations.
(1)
In making excavations in streets or highways for laying service pipe
or making repairs, the paving and earth removed must be deposited
in a manner that will occasion the least inconvenience to the public.
(2)
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 service pipes are 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 as good, at least, as before it was disturbed,
and satisfactory to the Village Public Works. No opening of the streets
for tapping the pipes will be permitted when the ground is frozen.
D.
Tapping the mains.
(1)
No person, except those having special permission from the Board
of Trustees, or persons in its service and approved by it, will be
permitted, under any circumstances, to tap the mains or collection
pipes. The kind and size of the connection with the pipe shall be
that specified in the permit or order from said Board of Trustees.
(2)
Pipes should always be tapped on the top, and not within six inches
(15 centimeters) of the joint, or within 24 inches (60 centimeters)
of another lateral connection.
E.
Installation of house laterals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
All service pipes (laterals) on private property will be installed
in accordance with State of Wisconsin Administrative Code except that
allowable service pipe materials shall be limited to ABS SDR 23.5
(ASTM D2751), PVC Schedule 40 (ASTM D-1788) or service with cast-iron
soil pipe with push-on joints (ASTM A74) no smaller than four inches
size.
(2)
Per the State of Wisconsin Administrative Code, all laterals will
be inspected. The building sewer and/or private interceptor main sewer
shall be inspected upon completion of placement of the pipe and before
backfilling and tested before or after backfilling.
A.
It shall be the policy of the Village of Browntown to obtain sufficient
revenues to pay the cost of the annual debt retirement payment on
any bonded indebtedness, any required cash reserve account payment,
and operation and maintenance of the sewage works, 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 during the service life for which such works were designed and
constructed), through a system of user charges as defined in this
section. The system shall assure that each user of the sewage works
pays a proportionate share of the cost of such works.
B.
All sewer users shall be classified by the Utility as residential/commercial
(domestic strength), or industrial customers.
C.
User charges shall consist of a minimum quarterly billing, on the
basis of water meter size, and a unit price per volume of water utilized.
(1)
The minimum quarterly billing shall be sufficient to pay the annual
debt retirement and FmHA Reserve Account costs. A portion of the debt
service and Reserve Account may be budgeted by levying an ad valorem
tax in accordance with State Statutes. The unit price per volume shall
be sufficient to pay the annual cost of operation and maintenance,
including any replacement fund, of the sewage works.
(2)
Water meter readings shall be used to determine the actual water
volume used. All quarterly sewer bills will be based on actual water
used. If a portion of the water furnished to any customer is not discharged
into the sewer system, the quantity of such water will be deducted
in computing the charge for sewer service, provided a meter has been
installed to measure such water. The customer must at his own expense
make necessary changes in the water piping and install couplings so
that a meter can be set. See the sewer rate resolution beginning with
Res. No. 2021-420-1 for the most current quarterly charges. Any future
rate changes will be reflected by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Determination of user charges. The user charges, and this article,
shall be reviewed not less than biennially. Such review shall be performed
by the Village Board and the Deputy Clerk. User charges shall be adjusted,
as required, to reflect actual volumes of water used and actual costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Where it is not possible to obtain a water meter reading or in cases
where no water meter exists, the customer shall be assigned an average
water volume by the Village, based on previous meter readings, and
this shall be so stated on the bill. The difference shall be adjusted
when the meter is again read.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Sewer rates.
(1)
There shall be charged to each user of the sewer system a sewer charge
as follows:
(a)
A minimum quarterly charge for all regular meters shall be set
via resolution passed by Browntown Village Board, starting with Resolution
No. 2021-420-1.
[Amended 2-9-1999; 3-8-2005; 8-17-2021 by Ord. No. 2021-0817]
(2)
All charges for sewerage service shall be made quarterly and shall
be payable on the first day of the quarter. A penalty of 3% per month
will be added to those bills not paid on or before the 20th day after
the bill is sent. A failure to receive a bill shall not excuse nonpayment.
Sewerage service charges shall be a lien on the property served, in
accordance with § 66.0821 of the Wisconsin Statutes. Such
bills will be sent to the property owner for the timely collection
of and payment to the Sewer Utility. Users shall be notified annually
of the portion of the user charge that is attributable to wastewater
treatment services.
[Amended 9-11-1984; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Toxic or hazardous wastes. Users discharging toxic or hazardous wastes
to the sewer system shall pay for any increased operation and maintenance
costs caused by the discharge of these wastes.
A.
Mandatory hookup.
(1)
The owner of each parcel of land adjacent to a sewer main on which
there exists a building usable for human habitation or in a block
through which such system is extended shall connect to such system
within 30 days' of notice, in writing, from the Village Clerk. Upon
failure to do so, the Board of Trustees may cause such connection
to be made and bill the property owner for such costs. If such costs
are not paid within 30 days, such notice shall be assessed as a special
tax lien against the property, all pursuant to § 281.45,
Wisconsin Statutes; provided, however, that the owner may within 30
days after the completion of the work file a written option with the
Village Treasurer, stating that he cannot pay such amount in one sum
and ask that there be levied in not to exceed five equal quarterly
installments and that the amount shall be so collected with interest
at the rate of 12% per annum from the completion of the work, the
unpaid balance being a special tax lien, all pursuant to § 281.45,
Wisconsin Statutes.
(2)
In lieu of the above, the Board of Trustees at its option may impose
a penalty for the period that the violation continues, after 10 days'
written notice to any owner failing to make a connection to the sewer
system of an amount equal to 150% of the minimum quarterly charge
for sewer service payable quarterly for the period in which the failure
to connect continues, and upon failure to make such payment said charge
shall be assessed as a special tax lien against the property, all
pursuant to § 281.45, Wisconsin Statutes.
(3)
This article ordains that the failure to connect to the sewer system
is contrary to the minimum health standards of said Village of Browntown
and fails to assure preservation of public health, comfort, and safety
of said Village of Browntown.
B.
Maintenance of services:
(1)
The utility shall maintain sewer service within the limits of the
Village from the street main to the property line, and including all
controls between the same, without expenses to the property owner,
except when they are damaged as a result of negligence or carelessness
on the part of the property owner, a tenant, or an agent of the owner,
in which case they will be repaired at the expense of the property
owner. All sewer services from the point of maintenance by the system
to and throughout the premises must be maintained free of defective
conditions by and at the expense of the owner or occupant of the property.
(2)
When any sewer service is to be relaid and there are two or more
buildings on such service, each building shall be disconnected from
such service and a new sewer service shall be installed for each building.
C.
Penalty for improper use:
(1)
It shall be unlawful for any person to willfully injure the sewer
system, or any building, machinery, or fixture pertaining thereto,
or, to willfully and without authority of the Board of Trustees, bore
or otherwise cause to leak any tunnel, aqueduct, reservoir, pipe or
other thing used in the system for holding, conveying, or distributing
sewage.
(2)
It shall be unlawful for any person to introduce sewage into the
system which shows an excess of a BOD or suspended solids concentration
of over 200 mg/l (normal domestic sewage); a surcharge shall be based
on the excess of BOD or suspended solids at a rate of $0.50 per pound.
The Village reserves the right to test the sewage at any point within
the connection system of the user or consumer.
(3)
No 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 or surface
drainage.
(b)
Any gasoline, benzene, naphtha, fuel oil, or other flammable
or explosive liquid, solid or gas.
(c)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feather, tar, plastics, wood, paunch manure, or any other solid
or sticky substance capable of causing obstruction of the flow in
sewers or other interference with the proper operation of the sewage
works.
(d)
Any water or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment
process, constituting a hazard to humans and animals, or create any
hazard in the receiving treatment facility.
(e)
Any water or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such material at the sewage treatment plant.
(f)
Any noxious or malodorous gas or substance capable of creating
a public nuisance.
(g)
Any garbage that has not been properly shredded.
(h)
Any liquid or vapor having a temperature higher than 150°
F.
(i)
Any water or wastes which may contain more than 100 parts per
million by weight of fat, oil, or grease.
(j)
Any water or wastes have pH lower than 5.5 or higher than 9.0,
having any corrosive property capable of causing damage or hazard
to structures, equipment, and personnel of the sewage works.
D.
Damages recovery:
(1)
The system shall have the right of recovery, from all persons, any
expense incurred by said system for the repair or replacement of any
sewer pipe damaged in any manner by any person by the performance
of any work under their control, or by any negligent act.
E.
Penalties.
(1)
Any person who shall violate any of the provisions of this article or rules or regulations of the Sewer Utility of the Village of Browntown; or who shall connect a service pipe without first having obtained a permit therefor; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference shall, upon conviction thereof, forfeit not less than $50 nor more than $250, and the costs of prosecution. This, however, shall not bar the Board of Trustees from enforcing the connection duties set out in § 226-14A for mandatory hookup.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Septic tanks prohibited:
(1)
The maintenance and use of septic tanks and other private sewage
disposal systems within the area of the Village of Browntown serviced
by its sewer system are hereby declared to be a public nuisance and
a health hazard. From and after January 1, 1981, the use of septic
tanks or any private sewage disposal system within the are of the
Village serviced by the sewerage system shall be prohibited.
G.
Vacating of premises and discontinuance of service. Whenever premises
served by the system are to be vacated, or whenever any person desires
to discontinue service from the system, the system must be notified
in writing. The owner of the premises shall be liable for any damages
to the property or such damage which may be discovered having occurred
to the property or the system other than through the fault of the
system or its employees, representatives, or agents.
H.
Charges are a lien on property. All sewer services, charges, and
special assessments shall be a lien on a lot, part of a lot, or land
on which sewer services were supplied. All sums which have accrued
during the preceding year and which are unpaid by the first day of
October of any year shall be certified to the Village to be placed
on the tax roll for collection as provided by the Wisconsin Statutes.
I.
Unit of service definition:
(1)
A "unit of service" shall consist of any 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, or apartments with complete
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 kitchen for cooking,
are classed as rooming houses.
(2)
When a consumer's premises has several buildings for which services
are eligible and such buildings are used in the same business and
connected by the user, the Board of Trustees shall set a separate
rate for such complex.
J.
Adoption of other rules. There is hereby adopted all the rules and
regulations of the State Plumbing and State Building Codes and the
building rules of the Department of Safety and Professional Services,
and the Department of Natural Resources of the State of Wisconsin,
insofar as the same are applicable to the Village of Browntown.
K.
Severability. If any section, subsection, sentence, clause or phrase
of this article is, for any reason, held to be invalid, such decision
shall not affect the validity of the remaining portions of the article.
The Board of Trustees hereby declares that it would have passed this
article and section, subsection, clause and phrase thereof irrespective
of the fact that any one or more section, subsection, sentences, clause
and phrase be declared unconstitutional.
