[HISTORY: Adopted by the Town Board of the Town of Brookfield 7-19-2005. Amendments noted where applicable.]
Town of Brookfield Sanitary District No. 4, pursuant to the
provisions of Wis. Stat. § 60.77, does hereby declare that
the sewerage system of Town of Brookfield Sanitary District No. 4
consisting of the collection system (as hereinafter defined), waste
collection, disposal operations, sewerage system, and all other appurtenances
and equipment used for such purposes, or wastewater treatment facility
(as hereinafter defined) shall be designated the "sewerage system."
(1)
The operation, management, and control of the sewerage system is
vested in the Town of Brookfield Sanitary District No. 4 as a Sewage
Commission under the provision of Wis. Stat. § 60.72(8)
and is hereinafter referred to as the "Sanitary District." All records
of the Sanitary District shall be kept by the Secretary in the Town
Hall or other officially designated place.
(2)
The rules, regulations, and rates hereinafter set forth shall be
considered part of the regulations applicable to every individual
or entity connected to the sewerage system and persons discharging
wastes to the sewerage system. Said rules, regulations, and rates
may be changed from time to time as determined by the Sanitary District,
and the right is reserved to make special rates and contracts in all
proper cases.
(3)
The Sanitary District shall cause an annual audit of the books to
be made and shall make the books and records relating to the Sanitary
District available for inspection during regular business hours.
(4)
A proportionate distribution of operation, maintenance, and replacement
costs shall be maintained among user classes. Users shall be notified
annually of the sewer service charges associated with the sewerage
system.
The application of this chapter, its rules, regulations, and
rates shall apply to all individuals, firms, corporations, and institutions
residing within the corporate limit of the Sanitary District and any
person, firm, or corporation by attachment to the sewerage system
or otherwise by contract or agreement coming within the Sanitary District
sewer service area subsequent to the effective date hereof, and all
entities hauling wastes or trucking wastes and discharging to the
sewerage system.
The following sections and subsections and related appendixes
of City of Brookfield Rules and Regulations, Chapter 13, promulgated
by the City of Brookfield, as now in effect and as the same may be
amended from time to time hereafter, are hereby incorporated by reference
and shall be of full force and effect though set forth in their entirety
herein.
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13.04.010
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Definitions
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13.04.020
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Operation and Management of Municipal Utilities
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13.16.020
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Sewer Service Charges
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13.16.110
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Clear Water Discharge Into Sanitary Sewer Prohibited
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13.20
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Industrial Wastes
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13.16.120
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Acceptance of Septic Waste Disposal at Fox River Water Pollution
Control Center
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13.16.140
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Contract Communities; Enforcement Beyond City Limits
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The meaning of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as amended by the Federal Water Pollution Control Act Amendments
of 1972 (Pub. L. 92-500) and Pub. L. 93-243, or as modified by Wis.
Stat. Ch. 283 or appropriate sections of the Wisconsin Administrative
Code adopted pursuant to Chapter 283.
The quantity of oxygen expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five days at a temperature of 20°
C. The laboratory determinations shall be made in accordance with
procedures set forth in "Standard Methods."
A sewer which carries only sewage or industrial wastes from
the building plumbing to the public sanitary sewer.
The system of sewers and appurtenances for the collection,
transportation, and pumping of domestic wastewater and industrial
waste.
Each physical connection to the collection system or private
sewer system which connects to the municipal collection system.
All annual principal and interest requirements and obligations
of the Sanitary District for the sewerage system.
A sampling and metering station require to be installed through
a discharge monitoring agreement signed by an industrial user with
the Sanitary District in order to obtain information on a user's discharge
to the system and to establish sewer user and debt charges.
Water-borne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment buildings, hotels, office buildings,
factories, and institutions free of industrial wastes and in which
the average concentration of BOD is established at or below 250 mg/l,
suspended solids is established at or below 300 mg/l, phosphorous
is established at or below 5 mg/l, and nitrogen is established at
or below 25 mg/l.
A sample consisting of portions of waste taken in proportion
to the volume of flow of said wastes.
Any nonresidential user identified in Division A, B, D, E, or
I of the Standard Industrial Classification Manual. An industrial
user shall also include any user that discharges wastewater containing
toxic or poisonous substances, as defined in Section 307 or Section
502 of the Clean Water Act,[1] or any substance(s) causing interference in the wastewater
facilities. An industrial user shall also include any nonresidential
user who:
Is subject to national categorical pretreatment standards;
Has a non-domestic flow of 25,000 gallons or more per average
workday;
Contributes more than 5% of the average dry weather capacity
of the wastewater facility; or
Is determined by the Sanitary District or Superintendent of
the Fox River Water Pollution Control Facility to have the potential
to adversely affect the wastewater.
This definition is in accordance with current DNR language requirements.
Any water-borne solids, liquids, or gaseous wastes other
than domestic wastewater, resulting from discharging from, flowing
from, or escaping from any commercial, industrial, manufacturing,
or food processing operation or process or from the development of
any natural resource, or any mixture of these with water or domestic
wastewater.
A sewer constructed to receive the dry weather flow of untreated
or inadequately treated from one or more existing sanitary Sewer System
terminals other than from a dwelling or building that presently discharges,
or formerly discharged, flow directly into any waters of the state,
and convey the flow to a wastewater treatment facility or is to serve
in lieu of an existing or proposed wastewater treatment facility.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
Total Kjeldahl Nitrogen as determined by procedures set forth
in "Standard Methods."
Sanitary sewage in which BOD, suspended solids, phosphorus,
or nitrogen concentrations do not exceed normal concentrations of:
The actual sums spent by the Sanitary District in the operation
and maintenance of its sewerage system consisting of, but not limited
to, each and all of the following purposes:
Wages, salaries, and employee-related expenses of operating,
maintenance, clerical, laboratory, and supervisory personnel, together
with fringe benefits and premiums paid on such wages, and salaries
for the State of Wisconsin Workmen's Compensation coverage.
Electrical power and other utility services.
Chemicals, fuel, and other operating supplies.
Repairs to, and maintenance of, associated equipment.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing, and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Training and educational expenses.
Any and all persons, natural or artificial, including any
individual, firm, company, municipal or private corporation, association,
governmental agency, or other entity and agents, servants, or employees.
The logarithm (base 10) of the reciprocal of the hydrogen
concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in the "Standard Methods."
The Total Phosphorus as determined by procures set forth
in "Standard Methods."
A treatment works which is owned by a municipality and any
sewers that convey wastewater to such a treatment works. This definition
includes any devices or systems used by a municipality in the storage,
treatment, recycling, and reclamation of municipal sewage or liquid
industrial wastes. The term also means the municipality or local unit
of government which has jurisdiction over the indirect discharges
to the discharges from such a treatment works.
A sewer or lateral in public right-of-way abutting properties
and is controlled or owned by the public authority.
Expenditures for obtaining and installing equipment, accessories,
and appurtenances which are necessary during the useful life of the
sewerage system to maintain the capacity and performance for which
such system was designed and constructed.
A charge levied on users for operation and maintenance costs
and Replacement Fund. The charge shall be based on the average gallons
of water used by a residential customer as determined by the Sanitary
District.
The wastewater flow and loadings to the system equivalent
to that contributed by an average residential family equivalent. An
average residential family equivalent shall be calculated yearly by
the Sanitary District.
The Town of Brookfield Sanitary District No. 4 or its duly
authorized deputy, agent, or representative.
A sewer that conveys domestic wastewater or industrial waste
or a combination of both, and into which stormwater, surface water
and groundwaters, or unpolluted industrial wastewater are not intentionally
contributed.
Scum, liquid, sludge, or other waste from a septic tank,
soil absorption field, holding tank, vault toilet, or privy. This
does not include the waste from a grease trap.
A charge levied on users annually for each equivalent water
meter connection associated with the sewer and water system.
All facilities for collecting, transporting, and pumping
domestic wastewater, industrial wastes, and septage. May also be referred
to as sewer system.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during normal operation and which adversely
affects the collection system and/or performance of the wastewater
treatment facilities.
The examination and analytical procedures set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater," as prepared, approved, and published jointly by the American
Public Health Association and the Water Pollution Control Federation.
A sewer which carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
The Sanitary District Commission or its designated agent
who shall be in charge of, and supervise, the operations and functions
of the sewerage system.
A user of the sewerage system who discharges wastes which
have higher concentrations than domestic wastewater and is assessed
an additional charge (surcharge) for the constituents higher in concentration
than domestic wastewater.
Solids that either float on the surface of, or are in suspension
in, water, sewage, or other liquids, and which are removable by a
laboratory filtration device. Quantitative determination of total
suspended solids shall be made in accordance with procedures set forth
in "Standard Methods." Also referred to as "suspended solids."
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards, and would not be benefited by discharging to the
sanitary sewers and wastewater treatment facilities provided.
Flow, BOD, total suspended solids, phosphorus, and infiltration/inflow
or the quantity of these factors as determined by the Sanitary District
by sampling and monitoring.
Any person discharging domestic wastewater or industrial
wastes into the collection system or entity discharging septage or
other waste hauled or trucked to the sewerage system.
Any solids, liquid, or gaseous material, or combination thereof,
discharged from any residences, business buildings, institutions,
industrial establishments, and septage haulers into the collection
system, storm sewer, or septage receiving station.
A combination of the water-carried waste into the collection
system from residences, business buildings, institutions, and industrial
establishments, together with such ground-, surface water, and stormwater
as may be present.
A pumping facility utilized to pump wastewater within the
collection system.
The Fox River Water Pollution Control Center.
Town of Brookfield Water Utility.
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Wis. Stat.
Ch. 283.
[1]
Editor's Note: See 33 U.S.C. §§ 1317 and 1362,
respectively.
(1)
Declaration of policy. The Sanitary District finds and declares that
the public health, comfort, and safety is preserved and enhanced by
the provision of the sewerage system in the promotion of a clean and
healthful environment, and that the failure to connect to the sewerage
system is contrary to minimum health standards.
(2)
Connection.
(a)
To assure preservation of public health, comfort, and safety,
the owner of any house, building, or property used for human occupancy,
employment, recreation, or other habitation situated within the Sanitary
District and adjacent to a public sewer or in a block through which
a public sewer extends, is hereby required, at their expense, to install
suitable toilet facilities therein, and to connect such facilities
directly with the proper public sewer in accordance with the provisions
of this chapter within 12 months after the public sewer first becomes
operational or if an immediate health hazard exists within 30 days
upon receipt of notice from the County Health Officer or the Town
of Brookfield Building Inspector.
[Amended 12-7-2021 by Ord. No. 2021-004]
(b)
If a person fails to comply with the said notice to connect
within the given period of time, the Sanitary District may, at its
option:
1.
Cause such connection to be made and bill the property owner
for such costs. If such costs are not paid within 30 days, such costs
shall be assessed as a special tax lien against the property, unless
the owner, within 30 days after the completion of the work, files
a sworn affidavit with the Sanitary District Secretary stating that
he cannot pay such amount in one sum and asking that it be levied
in not to exceed five equal annual installments, and the amount shall
be so collected with interest at a rate which is sufficient to recover
the Sanitary District's costs of borrowed funds or interest lost plus
1% point per annum from the completion of the work, the unpaid balance
to be a special tax lien; and
2.
Impose a standby charge, for the period of time in excess of
12 months, that such failure continues after the date the public sewer
first becomes operational, after 10 days' written notice to any owner
failing to make a connection to the sewerage system, for an amount
equal to 150% of the infiltration/inflow (I/I) charge, payable quarterly
for the period in which the failure to connect continues. Upon failure
to make such payment, said charge shall be levied as a tax against
the lot or parcel to which sewerage service was furnished.
(3)
Alternative disposal prohibited.
(a)
No person shall construct or maintain any privy, privy vault,
septic tank, cesspool, or other facility intended to be used for the
disposal of domestic wastewater if a public sewer is available.
(b)
No person shall discharge to any natural outlet within the Sanitary
District, in any area under the jurisdiction of the Sanitary District,
sewage or other polluted waters, except where suitable treatment has
been provided in accordance with subsequent provisions of this chapter.
(4)
Plumbers. No plumber or other person will be permitted to engage
in, or work at, any plumbing in connection with the sewerage system
without first receiving a license from the State of Wisconsin, Bureau
of Plumbing.
(5)
Maintenance of services. All sewer services within the limits of
the Sanitary District at the point of connection to the street main,
and all street mains, shall be maintained and repaired by the Sanitary
District without expenses to the property owner, except when they
are damaged as a result of negligence on the part of the property
owner or occupant, in which case they will be repaired at the expense
of the property owner. All building sewers and laterals located in
the public right-of-way or easement from the point of connection to
the sewer main and all facilities throughout the premises served must
be maintained free of defective conditions by and at the expense of
the owner or occupant of the property served.
[Amended 12-7-2021 by Ord. No. 2021-004]
(6)
Users.
(a)
Application for service.
1.
Every person requesting connection to the sewerage system shall
file an application in writing to the Sanitary District, in such form
as is prescribed for that purpose. Blanks for such applications will
be furnished at the office of the Sanitary District. The application
must state fully and truly all the uses which will be presently made.
If any change in use from that set forth in this application is contemplated,
the user must obtain further application and permission from the Sanitary
District Commission. If the applicant is not the owner of the premises,
the written consent of the owner, or owner's agent, must accompany
the application.
2.
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.
3.
If it appears that the service applied for will not provide
adequate service for the contemplated use, the Sanitary District Commission
may reject the application. If the Sanitary District Commission approves
the application, the Sanitary District Commission shall issue a permit
for services as shown on the application.
4.
All expenses relating to the connection to the sewerage system
shall be paid by the applicant or owner.
(b)
Tap permits. After sewer connections have been installed 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 obtain and exhibit the proper permit for the same
from the Town of Brookfield Building Inspector.
(c)
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 sewerage
system. The user is responsible for their service pipe from the street
main through their facility served.
(d)
User use only. No user shall allow other persons to connect
to, or permit other uses to be made of, the sewerage system through
their lateral.
[Amended 12-7-2021 by Ord. No. 2021-004]
(e)
User to permit inspection. Every user shall permit the Sanitary
District 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 its use. Should the owner
or occupant of the premises refuse voluntary access to the premise,
the Sanitary District is authorized to seek a special inspection warrant
under Wis. Stat. § 66.0119.
(f)
Responsibility. No claim shall be made against the Sanitary
District, or its agents or employees, by reason of the breaking, clogging,
stoppage, or freezing of any service pipe; nor from any damage arising
from repairing mains, making connections or extensions, or any other
work that may be deemed necessary by the Sanitary District absent
gross negligence of the Sanitary District, its agents, or employees.
The Sanitary District may 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 an area of the Sanitary
District, the Sanitary District shall, if practicable, give notice
to each affected user.
(7)
Excavations. Excavation requirements in the public right-of-way shall
be as specified and required by the authority having jurisdiction
over said right-of-way. In all cases, a permit is required.
(8)
Laterals.
(a)
All laterals on private property will be installed in accordance
with State of Wisconsin Administrative Code as from time to time,
as amended.
(b)
The building sewer shall be inspected by the Building Inspector,
or their designee, upon completion of placement of the pipe and before
backfilling, and tested before and after backfilling. The Building
Inspector, or their designee, may order any building sewer exposed
and removed if said building sewer is covered before inspection.
[Amended 12-7-2021 by Ord. No. 2021-004]
(9)
Wiping the mains.
(a)
No persons, except those having special permission from the
Sanitary District, or persons in their service and approved by them,
will be permitted under any circumstances to tap the public sanitary
sewers. The kind and size of the connection to the public sanitary
sewers shall be that specified in the permit or order from the Sanitary
District. A minimum of 48 hours' notice shall be given to the Sanitary
District prior to tapping any main.
(b)
Pipes should always be tapped at the top, and not within six
inches of the joint, or within 24 inches of another lateral connection.
(c)
When any building 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 building sewer shall be installed for
each building.
(10)
Grinder
pumps. The cost of purchasing, installing, and maintaining grinder
pumps shall be borne by the property owner.
[Added 12-7-2021 by Ord. No. 2021-004]
(1)
Basis for sewer service charges.
(a)
The sewer service charge shall be based on the sewer use charge and the infiltration/inflow charge. All users will be assigned a residential equivalent connection (REC) value to be used as a basis of the sewer use charge as determined from § 23.18. The minimum REC assignment shall be one REC per user and shall be established at 0.5 REC increments. If, in the opinion of the Sanitary District, the information in § 23.18 does not accurately reflect the user's wastewater discharge to the sewerage system, then the Sanitary District Commission may compute an REC value to be assigned to the user.
(b)
Commercial, public, or industrial users with a metered water
source will be charged on the basis of their metered flow divided
by the average flow per residential customer. The Sanitary District
shall determine the average residential flow on an annual basis. The
minimum REC assignment shall be one REC per user and shall be established
at 0.1 REC increments.
(2)
Sewer user charge.
(a)
A sewer user charge is hereby imposed upon all users served
by the Sanitary District sewerage system. The user charge shall be
based on the assigned RECs to each property.
(b)
The sewer user charge shall have a component for recovering
the operation, maintenance, and replacement cost and a portion or
all of the debt cost and/or depreciation expense of the sewerage system.
The operation, maintenance, and replacement portion of the sewer user
charge shall be computed by allocating the proposed net yearly budget
to the appropriate use parameters. The cost per use parameter shall
be divided by the unit parameters to determine the unit cost ($/1,000
gallons, $/No.). The unit costs will be converted into a volumetric
rate for domestic strength sewage which shall then be converted into
a rate per REC.
(3)
Annual service charge.
(a)
An annual service charge is hereby imposed upon each user connected
to the Sanitary District sewerage system, including non-domestic and
industrial waste dischargers. The annual service charge shall be payable
as herein provided and shall be computed on the basis of equivalent
water meter connections associated with the water system. For those
users of the sewer system who do not have a water meter, an equivalent
water meter size shall be assigned.
(b)
The annual service charge recovers the portion of sewer budget
associated with customer costs and infiltration/inflow into the system.
The budget costs allocated to customer costs and infiltration/inflow
shall be divided by the total number of equivalent water meters to
determine the annual service charge per equivalent meter.
(4)
Industrial and commercial charges for other than domestic wastewater.
(a)
Charges for wastewater other than domestic wastewater shall
be based on flow BOD, TSS, nitrogen, phosphorous and such other constituents
which affect the cost of the collecting, conveying, treating, and
disposing wastewater. All persons discharging wastes into the sewerage
system are subject to a surcharge, in addition to any other wastewater
service charge, if their wastewater has a concentration greater than
domestic wastewater concentrations. The volume of flow used for computing
waste surcharges shall be the metered water consumption, or the actual
volume of waste as determined by a sampling and metering manhole or
a discharge monitor station. The amount of surcharge shall reflect
the cost incurred by the Town in collecting, conveying, treating,
and disposing BOD, TSS, nitrogen, phosphorous and other pertinent
constituents and for providing the capital facilities necessary for
collection, conveyance, treatment and disposal of wastewater. The
surcharge shall be computed on the basis of Model No. 2 contained
on page 5,270 of the Federal Register, Volume 39, No. 29, February
11, 1974.
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Surcharge = [Bc(B) + Sc(S) + Pc(P) + Nc(N)]Vu
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Where:
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Bc
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=
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Total costs associated with a unit of biochemical oxygen demand
(BOD)
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B
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=
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Concentration of BOD from a user above the base level
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Vu
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=
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Volume contribution from a user per unit of time
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Sc, S, Pc, P,
Nc, N
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=
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Same definition as above for the parameters suspended solids,
phosphorus and nitrogen
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(b)
The Sanitary District Commission shall review annually and make
adjustments as are deemed necessary.
(c)
Proof of waste strength in excess of normal sewage shall be
determined from a flow proportional composite sample of at least eight
grab samples taken during any eight-hour period.
(5)
Ready-to-serve charge. The owner of each premise to which sewer service has been made available by the Sanitary District, but not connected to the sewerage system for sewer service, shall pay for the availability thereof a ready-to-serve charge which is equivalent to 100% of the rate provided by § 23.07(3). Any ready-to-serve charge becoming effective during any year shall be charged on a pro rata basis for that year in which such charge becomes effective. This charge shall begin from date of notice by the Sanitary District that the facility is ready to use. Pursuant to § 23.06(2)(a) of this chapter, connection shall be made to the public sewer within 12 months.
(6)
Special rates. It is understood that the approving authority may,
at any time hereafter, set special rates for any large commercial
service, industrial use, extraterritorial areas, contract users, or
any other unique user that does not readily fit into other categories
of users. Any user discharging any toxic pollutants, wastewater, or
other wastes to the sewerage system shall pay for the increased operation,
maintenance, and replacement costs caused by their discharge.
(7)
Reserve capacity charges. It is understood that the Sanitary District
has acquired, and is holding in reserve, capacity in the Fox River
Water Pollution Control Facility for unsewered property in the Sanitary
District. The Sanitary District has, and will continue to, expend
Sanitary District funds for the purchase and holding of that capacity.
The Commissioners may establish reasonable reserve capacity charges
which shall apply to all unsewered properties, and may collect those
charges by levying special assessments in accordance with the provisions
of Wis. Stat. Ch. 66, and, in particular, Wis. Stat. §§ 66.0628
and 66.0703.
(1)
Annually, before the first Sanitary District meeting in October,
the Sanitary District Commission shall prepare a budget for the following
fiscal year which shall include operation and maintenance and replacement
fund. The budget shall then be further divided into infiltration and
inflow related costs and use related costs.
(2)
Revenues for the operation and maintenance budget shall include any
projected year end balance (excluding replacement funds), operating
fund investment income, contract revenues, permit fees, special rates,
and sewer user charges.
(3)
Expenditures for the operation and maintenance budget shall include all costs defined in the definition of "operation and maintenance cost" in § 23.05 plus any projected year end deficit.
(4)
The operation and maintenance budget shall balance with the sewer
use charge so that projected revenues equal projected expenditures.
(5)
Any excess revenues collected from a user class for operation, maintenance,
and replacements costs will be attributable to that class for future
charges within two years.
(6)
The replacement fund shall contain all reserves from the replacement portion of the sewer user charge and replacement fund investment income. This fund shall be used only for the payment of items defined in § 23.05, in the definition of the term "replacement fund."
(7)
Sewer service charges may be billed quarterly and shall be payable
at the Town Hall office or at any other officially designated location.
Statements for such charges and assessments levied and assessed in
accordance with this chapter shall become due and payable on the date
indicated on the statement. In the event that any such statement or
statements are not paid on the due date, a charge, as established
from time to time by the Commission, but in no event a charge of more
than 1 1/2% per month, shall be added to the statement. All late
payment charges shall be applied to the total unpaid balance for sewer
service charges. This charge shall be applicable to all customers.
(8)
Billing. The property owner is held responsible for all sewer bills
on premises that he owns. All sewer bills and notices of any nature,
relative to the sewer service, will be addressed to the owner and/or
occupant and delivered to the addressee by first-class mail.
(9)
Failure to receive bill no penalty exemption. Every reasonable care
will be exercised in the proper delivery of sewer bills. Failure to
receive a sewer bill, however, shall not relieve any person of the
responsibility for payment of sewer rates within the prescribed period,
nor exempt any person from any penalty imposed for delinquency in
the payment thereof.
(10)
Delinquent bills. The Sanitary District will attempt to collect delinquent
sewer bills and, if unsuccessful, the balance will be placed on the
tax rolls as a lien on the property pursuant to Wis. Stat. § 66.089.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(11)
Checks returned for insufficient funds. There shall be assessed against
every property owner or user who tenders to the Sanitary District
a check for payment of sewer service charges, and whose check is returned
to the Sanitary District for the reason that the account has been
closed or the account has insufficient funds to permit payment of
the check, or for any similar reason, a charge in an amount as listed
in the Schedule of Fees and Forfeitures for each such check returned.
This charge shall be added to the next billing as to that property
owner or user, and shall be subject to the same charges, assessments,
and procedures for collection as set forth in this chapter.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(1)
No person shall discharge, or cause to be discharged, any stormwater,
groundwater, roof runoff, subsurface drainage, uncontaminated cooling
water, unpolluted industrial process water, cistern, overflow, or
foundation drainage to any sanitary sewer.
(2)
No person shall discharge, or cause to be discharged, to the collection
system, either directly or indirectly, any of the following described
wastes or wastewater:
(a)
Any liquid having a temperature higher than 150° F. (65°
C.).
(b)
Any wax, grease or oil, plastic, or any other substance that
will solidify or become discernibly viscous at temperatures between
32° to 150° F. (0° to 65° C.).
(c)
Any solids, liquids, or gases which, by themselves or by interaction
with other substances, may cause fire, explosion, hazards, create
toxic fumes, or in any other way be injurious to persons or property
involved in the operation or maintenance of the Sewer System.
(d)
Solid or viscous substances in quantities, or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewer system, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, underground garbage, whole blood, paunch
manure, hair and fleshings, entrails, paper dishes, cups, milk containers,
etc., either whole or ground by garbage grinders.
(e)
Any garbage that has not been properly comminuted or shredded
to such a degree that all particles will be carried freely in suspension
in the municipal sewers (100% passing one-half-inch screen, 90% passing
one-quarter-inch screen).
(f)
Any noxious or malodorous substance which, either singly or
by interaction with other substances, is capable of causing odors
objectionable to persons of ordinary sensitivity.
(g)
Any wastes or wastewater having a pH lower than 5.0 or higher
than 9.0, or having any corrosive property capable of causing damage
or hazards to the sewerage system.
(h)
Any wastes or wastewater of such character and quantity that
unusual attention or expense is required to handle them in the sewer
system.
(i)
Any wastewater or wastes containing a toxic or poisonous substance,
such as plating or heat treating wastes in sufficient quantity to
injure or interfere with wastewater treatment process, to constitute
a hazard to humans or animals, to create any hazard in the sewerage
system, or which would cause the Sanitary District wastewater treatment
facilities to discharge any of the following pollutants in quantities
in excess of the limitations established in the Wisconsin Administrative
Code or WPDES permit, cyanide, hexavlent chromium, trivalent chromium,
copper, nickel, cadmium, zinc, phenols, iron, and tin.
(j)
Any radioactive wastes greater than allowable releases as specified
by the current United States Bureau of Standards Handbooks dealing
with the handling and release of radioactivity.
(k)
Free or emulsified oil and grease exceeding on analysis an average
of 75 mg/l of either or both of combinations of free or emulsified
oil and grease.
(l)
Any cyanides or cyanogen compounds capable of liberating hydrocyanic
gas or acidification in excess of 0.5 mg/l by weight as cyanide in
the wastes.
(m)
Wastes or wastewater which:
1.
Cause unusual concentrations of solids or composition, for example,
in total suspended solids of inert nature (such as fuller's earth)
and/or in total dissolved solids (such as sodium chloride or sodium
sulfate).
2.
Cause excessive discoloration in the wastewater treatment facilities
discharge.
3.
Is discharged without application for a wastewater discharge permit or contractual agreement as required under § 23.15.
4.
Cause damage to the collection system or impair the treatment
process.
(3)
No person shall allow the discharge of slugs of water or wastes to
the collection system which may be harmful to the operation of the
sewerage system. Where, in the opinion of the Superintendent, slugging
does occur, each person producing such a discharge into the collection
system shall construct and maintain, at their own expense, a storage
reservoir of sufficient capacity with flow control equipment to ensure
an equalized discharge over a twenty-four-hour period. Storage reservoirs
are a pretreatment device and the operation will be covered by issuance
of an industrial pretreatment permit.
[Amended 12-7-2021 by Ord. No. 2021-004]
(4)
No person shall discharge any waste or wastewater which would cause
the wastewater treatment facilities to be in violation of any of the
requirements of their WPDES permit.
(5)
No person shall connect to, and discharge to, the collection system,
unless there is capacity available in all downstream components of
the sewerage system as determined by the Sanitary District.
Any person who accidentally discharges wastes or wastewater prohibited under § 23.09 shall immediately report such discharge to the Sanitary District and to the owner of the POTW.
(1)
The Sanitary District may require pretreatment facilities of any
person discharging, or planning to discharge, industrial waste, if
the waste or wastewater:
(a)
Could cause damage to the collection system.
(b)
Impairs the treatment process.
(c)
Causes the Sanitary District to exceed its capacity in wastewater
treatment facilities for loadings of volume, BOD, suspended solids,
or other pollutants.
(d)
Has any of the characteristics of the "prohibited discharges" described in § 23.09 of this chapter.
(e)
Causes the wastewater treatment facilities to exceed its total
design loading for volume BOD, suspended solids, or pollutant.
(f)
Causes a particular industry to exceed its permitted allocation
for volume, BOD, suspended solids, or any other pollutant.
(2)
Construction, operation, and maintenance of pretreatment facilities
shall be the expense of the person discharging the industrial waste.
(3)
Plans, specifications, and any other pertinent information relating
to proposed pretreatment facilities shall be submitted for review
and approval of the Sanitary District, POTW, and DNR prior to the
start of construction.
(4)
In accordance with Wisconsin Administrative Code Ch. NR 114, all
pretreatment facilities shall be operated by qualified personnel holding
certificate of the proper class issued by the Wisconsin Department
of Natural Resources.
[Amended 2-2-2010]
(1)
Establishments involved in the preparation of food for commercial purposes, car washes, or other processes where fats, oils, greases or sand are produced, used or disposed of shall provide grease interceptors or traps. Grease, oil and sand interceptors or traps shall be provided by others in accordance with the plumbing code as set forth in Chapter 15, Plumbing Code, of the Code of the Town of Brookfield, for the proper handling of liquid wastes containing fats, oils or grease in excessive amounts, sand and other harmful ingredients, except that such interceptors or traps shall not be required for private living quarters or residential units.
(a)
All interceptors or traps shall be of a type and capacity approved
by the Wisconsin Department of Natural resources and Wisconsin Administrative
Code Ch. SPS, the Department of Safety and Professional Services,
and shall be located so as to be readily and easily accessible for
cleaning and inspection, and to be effective in capturing fats, oils,
greases and sand by providing sufficient opportunity for wastewater
containing fats, oils and grease to cool enough for these to be trapped.
They shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperatures and shall be of substantial
construction, gastight, watertight and equipped with easily removable
covers.
[Amended 12-7-2021 by Ord. No. 2021-004]
(b)
All grease, oil and sand interceptors or traps shall be maintained
by the user at their expense in continuously efficient operation at
all times, and the records of such maintenance shall be kept current
and available when requested by Sanitary District inspectors.
[Amended 12-7-2021 by Ord. No. 2021-004]
(c)
Approval of proposed facilities or equipment by the WDNR and
the Wisconsin Department of Safety and Professional Services does
not, in any way, guarantee that these facilities or equipment will
function in the manner described by their constructor or manufacturer
nor shall it relieve a person of the responsibility of enlarging,
relocating or otherwise modifying such facilities to accomplish the
intended purposes.
(2)
Inspection manholes. Any person discharging industrial wastes into
a sewer shall construct and maintain a suitable control manhole or
manholes downstream from any such place of discharge to permit observation,
measurement and sampling of such wastes by the Sanitary District.
(3)
Multitenant buildings must have constructed and maintained means
for access for sampling and measuring flow of all discharges to the
sanitary sewer for each tenant to the satisfaction of the Superintendent.
All monitoring facilities shall be constructed and maintained in accordance
with all applicable state and local construction standards and specifications.
Plans for the installation of monitoring facilities and related equipment
shall be submitted for review and approval to the Superintendent prior
to the beginning of construction.
(4)
The Sanitary District shall have the right to inspect grease interceptors
and traps to determine compliance with the requirements of this title.
The discharger shall allow the Superintendent or their designee to
enter upon the premises of the discharger at all reasonable hours
for purposes of inspection, sampling or records examination.
[Amended 12-7-2021 by Ord. No. 2021-004]
(5)
The owner must retain and provide to the Sanitary District upon request
information satisfactory to the Superintendent demonstrating adequate
design, operation and maintenance of grease interceptors and traps.
(6)
Enforcement and cost recovery. Any person or industrial user violating any of the provisions of this section or who discharges or causes a discharge producing a deposit or obstruction or in any manner causes damage to or impairs the Sanitary District's wastewater collection system and/or the FRWPCC wastewater treatment system shall be liable to the Sanitary District for any expense, loss cost or damage without limitation caused by such violation or discharge. The Sanitary District shall bill the user for the costs incurred by the Sanitary District of any cleaning, repair, replacement work or restoration of receiving water damaged by the POTW upsets or any other cleaning, repair damage, forfeitures, administrative costs, penalties or replacement work caused by the violation or discharge. Refusal to pay the assessed cost or failure to comply with other provisions of this section shall constitute a violation of this section enforceable under the provisions of § 23.30.
(7)
Any wastewater containing fats, wax, grease, or oils, whether emulsified
or not, containing substances which may solidify or become viscous
at temperatures between 0° C. (32° F.) and 65° C. (149°
F.). Any facility discharging excessive amounts of oil and grease
detected by the Sanitary District to be causing fats, oils, or grease
obstructions in the sewer line must have installed a properly sized
grease interceptor or trap as determined by master plumber design
calculations; and service (pump/clean) grease interceptors or traps
as necessary to allow a continuous, efficient operation, to prevent
obstruction of flow in the sewer system, and/or cause interference
with operation of the treatment plant.
(8)
Used antifreeze, motor oil, brake fluid, transmission fluid, hydraulic
fluid, oil-based paint and paint thinners if the material is in a
collectible and recyclable quantity.
(9)
Medical wastes or infectious wastes, except as specifically authorized
by the FRWPCC.
(10)
Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test, or its sludge
to be in noncompliance with sludge use, recycle or disposal criteria
pursuant to guidelines or regulations developed under Section 405
of the Federal Act,[1] the Toxic Substance Control Act,[2] or other regulations or criteria for sludge management
and disposal as required by the department.
(11)
Detergents, surface-active agents or other substances which may cause
excessive foaming in the POTW.
(12)
Any wastewater which imparts color which cannot be removed by the
treatment system, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the POTW's
effluent.
(1)
All existing unmetered and new public, commercial, and industrial
users shall install a water meter at a location where all water usage
of the facility can be metered. Each user shall have the option of
installing said meter(s) on the user's private water source or, if
available, cause connection to be made to municipal water. Said meter(s)
shall be furnished by the Sanitary District. All costs shall be at
the expense of the user requiring the meter(s), including installation
and any piping revisions required. The Sanitary District shall provide
water usage readings on a quarterly basis within 30 days following
the end of each quarter indicating usage. Water usage shall be the
measure for determining Residential Equivalent Connection (REC) assignments
and the sewer use charge. The Sanitary District shall order all users
covered by this subsection to install and connect a water meter within
six months of receipt of written notice to do so from the Sanitary
District.
(3)
The Sanitary District may require the installation of devices for
metering the volume of waste discharged if those volumes cannot otherwise
be determined or if the user discharges over 30,000 gallons on any
day. The metering devices shall be owned and maintained by the property
owner or user and may not be removed without consent of the Sanitary
District.
(4)
Sampling and metering manholes. All persons discharging to industrial
wastes into the Sewer System shall construct and maintain sampling
and metering manholes in suitable and accessible positions on public
property or easement to facilitate the observation, measurement, and
sampling of all wastes or wastewater. These manholes shall be located
and constructed in a manner approved by the Sanitary District. Plans
shall be submitted to the Sanitary District prior to construction.
(1)
Sampling and metering manholes. All persons discharging industrial
wastes into the Sewer System shall construct and maintain sampling
and metering manholes in suitable and accessible positions on public
property or easement to facilitate the observation, measurement, and
sampling of all wastes or wastewater. These manholes shall be located
and constructed in a manner approved by the Sanitary District. Plans
shall be submitted to the Sanitary District prior to construction.
(2)
The Sanitary District or its designee will monitor flow, collect
samples, and perform laboratory tests on industrial waste discharges
and septage discharges as necessary to verify quantity of flow and/or
character and concentration of an industrial waste or septage. The
Sanitary District test results shall be used to determine the applicable
surcharge.
(3)
Waste or wastewater discharge may be sampled manually or by the use
of mechanical equipment as necessary to obtain a representative twenty-four-hour
composite sample. Samples shall be taken at intervals to be established
by permit issued by the Sanitary District and POTW.
(4)
When Wisconsin Administrative Code Chs. NR 101 or NR 202 require
the submittal of the character and concentration of wastes, waste
volume, and production information to the District, POTW, or DNR,
the user shall have the waste character and concentration determined
by a DNR certified testing laboratory. A copy of the test results
and DNR reports shall be submitted to the Sanitary District.
(5)
All measurements and test analysis of the characteristics of industrial
wastes shall be determined in accordance with "Standard Methods."
(1)
Wastewater discharge permit. A wastewater discharge permit is required
under this section if a person's discharge into the Sanitary District
sewerage system has any of the following:
(a)
A discharge flow of 30,000 gallons or more per average work
day.
(b)
A discharge flow greater than 5% of the Sanitary District's
reserved capacity in the wastewater treatment facility.
(c)
Is subject to national categorical pretreatment standards and/or
discharges toxic pollutants in amounts potentially or actually exceeding
limits set forth in this chapter.
(d)
Has significant impact, either singly or in combination with
other contributing industries, on the wastewater treatment system,
the quality of sludge, the system's effluent quality, or air emissions
generated by the system. Any such persons planning to discharge, changing
the characteristics of their discharge, or whose discharge permit
has expired, shall make application to the Sanitary District within
60 days prior to the discharge. All persons currently discharging
shall make application to the Sanitary District within 60 days after
passage of this chapter, and must have an executed permit within 60
days of application to discharge or discontinue discharging. A discharge
permit will be required for each separate point of discharge into
the Sanitary District's sewer system. No person shall discharge waste
or wastewater into the Sanitary District sewer system without a wastewater
discharge permit, if required by the section.
(e)
Is required to apply for a wastewater discharge permit from
the City of Brookfield under the terms of the City of Brookfield Sewer
Use Ordinance, including, but not limited to, those portions of the
City of Brookfield Sewer Use Ordinance which are incorporated herein
by reference.
(2)
Permit application. Users seeking a wastewater discharge permit shall
complete and file with the Sanitary District an application on the
form prescribed by the Sanitary District. In support of this application,
the user shall submit the following information:
(a)
Name, address, and standard industrial classification number
of applicant.
(b)
Average daily volume of wastewater to be discharged.
(c)
Wastewater constituents and characteristics, as determined by
a method approved by the Sanitary District.
(d)
Time and duration of discharge.
(e)
Average and peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers and appurtenances by size, location, and
elevation.
(g)
Description of activities, facilities, and plant processes on
the premises, including all materials and types of materials which
are, or could be, discharged.
(h)
Each product produced by type, amount, and rate of production.
(i)
Number and type of employees, and hours of work.
(j)
Any other information as may be deemed by the Sanitary District
to be necessary to evaluate the permit application.
(3)
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this chapter and all other regulations,
user charges, and fees established by the Sanitary District. The conditions
of wastewater discharge permits shall be uniformly enforced by the
Sanitary District in accordance with this chapter, and applicable
state and federal regulations. Permit conditions will include the
following:
(a)
The infiltration/inflow charge, sewer user charge, and schedule
for surcharge fees for the wastewater to be discharged to the sewer
system.
(b)
Maximum wastewater constituents and characteristics.
(c)
Limits on rate and time of discharge, or requirements for flow
regulations and equalization.
(d)
Requirements for installation of sampling and metering manholes,
or discharging monitoring stations.
(e)
Pretreatment requirements.
(f)
Requirements for maintaining plant records relating to wastewater
discharges as specified by the Sanitary District, and affording the
Sanitary District access thereto.
(g)
Total daily maximum pollutant discharges for all pollutants
subject to limitations and prohibitions which are present in the user's
wastewater discharge.
(h)
All persons required to make application for a wastewater discharge
permit shall, before issuance of the permit, enter into a contractual
agreement with the Sanitary District. The contractual agreement shall
contain the conditions set forth in the discharge permit, requirements
for industrial cost recovery charges, and other items deemed necessary
by the Sanitary District.
(i)
Other conditions as deemed appropriate by the Sanitary District
to ensure compliance with this chapter.
(4)
Duration of permits. A permit shall be issued for one year. If the
permittee wishes to continue to discharge after the expiration date
of the permit, an application must be filed for a renewal permit a
minimum of 60 days prior to the date of expiration. The terms and
conditions of the permit shall be subject to modification and change
by the Sanitary District during the life of the permit, if so required,
because of any ordinances, statutes, or rules and regulations of the
Sanitary District, or any applicable state or federal body. The person
shall be informed of any proposed changes in their permit at least
60 days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule
for compliance.
[Amended 12-7-2021 by Ord. No. 2021-004]
(5)
Permit modification.
(a)
This permit may be modified for good cause including, but not
limited to, the following:
1.
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
2.
Material, or substantial alterations or additions, to the discharge
user's operation process, or discharge volume or character which were
not considered in drafting the effective permit.
3.
A change in any condition in either the industrial user or the
POTW that requires either a temporary or permanent reduction, or elimination
of the authorized discharge.
4.
Information indicating that the permitted discharge poses a
threat to the Control Authority's collection and treatment systems,
POTW personnel, or the receiving waters.
5.
Violation of any terms or conditions of the permit.
6.
Misrepresentations or failure to fully disclose all relevant
facts in the permit application, or in any required reporting.
7.
Revision of, or a grant of, variance from such categorical standards
pursuant to 40 CFR 403.13.
8.
To correct typographical or other errors in the permit.
9.
To reflect transfer of the facility ownership and/or operation
to a new owner/operator.
10.
Upon request of the permittee, provided such request does not
create a violation of any applicable requirements, standards, laws,
or rules and regulations.
(b)
The filing of a request by the permittee for a permit modification,
revocation, and reissuance or termination, or a notification of planned
changes or anticipated noncompliance, does not stay any permit condition.
(6)
Permit termination. This permit may be terminated for the following
reasons:
(a)
Falsifying self-monitoring reports.
(b)
Tampering with monitoring equipment.
(c)
Refusing to allow timely access to the facility premises and
records.
(d)
Failure to meet effluent limitations.
(e)
Failure to pay fines.
(f)
Failure to pay sewer charges.
(g)
Failure to meet compliance schedules.
(h)
Failure to comply with the terms of the permit, the Sewer Use
Ordinance of the Sanitary District, or any applicable state or federal
regulations.
(7)
Permit appeals.
(a)
The permittee may petition to appeal the terms of this permit
within 30 days of the notice.
(b)
The petition must be in writing; failure to submit a petition
for review shall be deemed to be a waiver of the appeal. In its petition,
the permittee must indicate the permit provisions objected to, the
reason for this objection, and the alternative condition, if any,
it seeks to be placed in the permit.
(c)
The effectiveness of this permit shall not be stayed pending
a reconsideration by the Sanitary District. If, after considering
the petition, the Sanitary District determines that reconsideration
is proper, a revised permit will be issued by the Sanitary District.
(d)
A decision not to reconsider a final permit shall be considered
final administrative action for purposes of judicial review. The permittee
seeking judicial review of the Sanitary District's final action, must
do so by filing a complaint in the Waukesha County Civil Court.
(8)
Property rights. The issuance of this permit does not convey any
property rights of any sort, or any exclusive privileges, nor does
it authorize any injury to private property or any invasion of personal
rights, nor any violation of federal, state, or local laws or regulations.
(9)
Limitation on permit transfer. Wastewater discharge permits will
be issued to a specific user for a specific operation and are not
assignable to another user or transferable to any other location without
the prior written approval of the Sanitary District. Sale of a user
shall obligate the purchaser to seek prior written approval of the
Sanitary District for continued discharge to the sanitary sewerage
system.
(10)
Compliance with applicable pretreatment standards and requirements.
Compliance with this permit does not relieve the permittee from its
obligations regarding compliance with any and all applicable local,
state, and federal pretreatment standards and requirements, including
any such standards or requirements that may become effective during
the term of this permit.
(11)
Operation and maintenance of pollution controls.
(a)
Property operation and maintenance. The permittee shall at all
times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed
or used by the permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance includes, but is
not limited to, effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures.
(b)
Duty to halt or reduce activity. Upon reduction of efficiency
of operation, or loss or failure of all or part of the treatment facility,
the permittee shall, to the extent necessary to maintain compliance
with its permit, control its production or discharges (or both) until
operation, or the treatment facility, is restored, or an alternative
method of treatment is provided. This requirement applies, for example,
when the primary source of power of the treatment facility fails or
is reduced. It shall not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.
(12)
Monitoring and records.
(a)
Representative sampling. Samples and measurements taken as required
herein shall be representative of the volume and nature of the monitored
discharge. All samples shall be taken at the monitoring points specified
in this permit and, unless otherwise specified, before the effluent
joins, or is diluted by, any other waste stream, body of water, or
substance. All equipment used for sampling and analysis must be routinely
calibrated, inspected, and maintained to ensure their accuracy. Monitored
points shall not be changed without notification to, and the approval
of, the Sanitary District.
(b)
Flow measurements. The appropriate flow measurement devices
and methods consistent with approved scientific practices shall be
selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges. The devices shall be installed,
calibrated, and maintained to ensure that the accuracy of the measurements
are consistent with the accepted capability of that type of device.
Devices selected shall be capable of measuring flows with a maximum
deviation of less than 10% from the true discharge rates throughout
the range of expected discharge volumes.
(c)
Inspection and entry. The permittee shall allow the Sanitary
District, or an authorized representative, exhibiting proper credentials
and identification to:
1.
Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept
under the conditions of this permit;
2.
Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
3.
Inspect, at reasonable times, any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this permit; also, any production, manufacturing,
fabricating, or storage area where pollutants, regulated under the
permit, could originate, be stored, or be discharged to the sewer
system. At a minimum, the Sanitary District shall inspect the permittee's
facility at least once a year.
4.
Set up on the permittee's property such devices as are necessary
to sample or monitor, for the purposes of assuring permit compliance,
any substances or parameters. At a minimum, the Sanitary District
shall sample the permittee's effluent at least once every six months.
(d)
Retention records. The permittee shall retain and preserve,
for no less than three years, any records, books, documents, memoranda,
reports, correspondence, and any and all summaries thereof relating
to monitoring, sampling, and chemical analysis made by, or on behalf
of, the permittee in connection with its discharge. This period may
be extended by request of the Sanitary District at any time. All records
that pertain to matters that are the subject of special orders, or
any other enforcement or litigation activities brought by the Sanitary
District, shall be retained and preserved by the permittee until all
enforcement activities have concluded, and all periods of limitation
with respect to any and all appeals have expired.
(e)
Record content. Records of sampling and analysis shall include:
1.
The date, exact place, time, and methods of sampling or measurements,
and sample preservation techniques or procedures.
2.
Who performed the sampling or measurements.
3.
The date(s) analysis was performed.
4.
Who performed the analysis.
5.
The analytical techniques or methods used.
6.
The results of such analysis.
(f)
Falsifying information. Knowingly making any false statement
on any report or document required by this permit, or knowingly rendering
any monitoring device or method inaccurate, is a crime and may result
in the imposition of criminal sanctions and/or civil penalties.
(g)
Confidential information. Except for data determined to be confidential
under Wis. Adm. Code § NR 211.26, Confidentiality, all reports
required by this permit shall be available for public inspection at
the Sanitary District.
(13)
Additional reporting requirements.
(a)
Notification of changed discharge. The permittee shall promptly
notify the Sanitary District in advance of any substantial change
or alteration in the volume or character of pollutants in its discharge.
A substantial change shall be defined as a 50% increase or decrease
in the volume of industrial wastewater currently being discharged
by a discharge user whose daily volume of industrial wastewater discharged
into the public sanitary sewerage system is 25,000 gallons per day
or less. A significant change shall be defined as a 10% increase or
decrease in volume of industrial wastewater currently being discharged.
An alteration shall be defined as any change in chemicals utilized
within a process which will alter the characteristics of the industrial
waste discharge.
(b)
Notification of anticipated noncompliance. The permittee shall
give advance notice to the Sanitary District of any planned changes
in the permitted facility or activity which may result in noncompliance
with permit requirements.
(c)
Automatic resampling. If the results of the permittee's wastewater
analysis indicates a violation has occurred, the permittee must notify
the Sanitary District within 24 hours of becoming aware of the violation,
repeat the sampling and pollutant analysis, and submit, in writing,
the results of this repeat analysis to the Sanitary District within
30 days after becoming aware of the violation.
(14)
Discharge monitoring agreement. The Sanitary District may require
an industry of any high volume or high strength waste discharge user
to enter into a discharge monitoring agreement if, in the judgment
of the Sanitary District, such an agreement is necessary to properly
evaluate the user's discharge to the sewer system and/or to obtain
adequate information to properly assess a surcharge. In the absence
of a discharge monitoring agreement, the Sanitary District may assign
a surcharge or a user which, in the Sanitary District's judgment,
may assess a surcharge to a user even though the Sanitary District
does not require the user to enter into a discharge monitoring agreement.
A sample of a discharge monitoring agreement is on file with the Sanitary
District.
(15)
Enforcement. Any user violating the terms of the industrial wastewater permit issued to the user under the terms of this chapter, or under the terms of the City of Brookfield Sewer Use Ordinance, which is incorporated herein by reference, shall be liable for fines, forfeitures, and injunctive relief which may be imposed, as provided in § 23.30 of this chapter. In addition, the Sanitary District may revoke the industrial wastewater discharge permit, or may impose surcharges, as otherwise provided herein.
[Amended 10-20-2009; 2-2-2010]
(1)
The Sanitary District, its agents, and employees shall be permitted
to gain access to such properties as may be necessary for the purpose
of inspection, observation, measurement, sampling, and testing in
accordance with provisions of this chapter, pursuant to Wis. Stat.
§ 66.0119.
(2)
Entry of premises. Upon presentation of credentials, and upon reasonable
notice to the property owner, a representative of Sanitary District
No. 4, Town of Brookfield, shall have the right to enter, at reasonable
times, any residential property or business which has been connected
to the water system owned and operated by Sanitary District No. 4
for the purpose of installing and maintaining an automatic water meter
reading unit, including the Orion AMR (automatic meter read) unit
which has been purchased by the Sanitary District. No person may refuse
to permit a representative of the Sanitary District to enter any residential
property or building, or refuse to permit a representative of the
Sanitary District to install and maintain an automatic water meter
reading unit.[1]
When requested by the user furnishing a report or permit application
or questionnaire, the portions of the report, or other document which
might disclose trade secrets or secret processes, shall not be made
available for use by the Sanitary District or any state agency in
judicial review or enforcement proceedings involving the person furnishing
the report.
(1)
For unmetered users of the sewerage system, the following table shall be used to determine the residential equivalent connection (REC) or estimated gallons of wastewater discharged to the sewerage system, except as provided for in § 23.13.
|
Residential Users
|
REC
|
|---|---|
|
Condominium
|
1.0
|
|
Single-family home
|
1.0
|
|
Multiple-family
|
1.0/unit
|
(2)
For unmetered commercial and industrial users of the sewerage system,
their wastewater flow shall be determined from the following table,
unless the Sanitary District determines that the information in the
tables does not accurately reflect the user's wastewater discharge
to the sewerage system, in which case the Sanitary District will assign
a wastewater flow to the user. The REC may be determined by dividing
the wastewater flow obtained from the table by the flow of the average
residential user. The minimum REC for any account shall not be less
than 1.0 REC. Upon completion of the REC computations, all RECs will
rounded up to the nearest 0.5 REC.
|
SIC Code
|
Description
|
Gallons Per Employee Hour
|
|---|---|---|
|
0742
|
Veterinary services for animal specialties
|
20.0
|
|
0752
|
Animal specialty services
|
16.0
|
|
0782
|
Lawn and garden services
|
10.0
|
|
1446
|
Industrial sand
|
5.0
|
|
1521
|
General contractors - residential
|
2.3
|
|
1541
|
General contractors - incl. bldgs. and warehouses
|
2.3
|
|
1611
|
General contractors - public works
|
2.3
|
|
1711
|
Plumbing, heating and air conditioning
|
2.3
|
|
1731
|
Electrical work
|
2.3
|
|
1761
|
Roofing and sheet metal work
|
2.3
|
|
1799
|
Special trade contractors, NEC
|
2.3
|
|
2013
|
Sausage and other prepared meats
|
110.0
|
|
2065
|
Candy and other confectionery products
|
50.0
|
|
2087
|
Flavoring extracts and syrups, NEC
|
75.0
|
|
2394
|
Canvas and related products
|
2.3
|
|
2431
|
Millwork
|
5.0
|
|
2434
|
Wood kitchen cabinets
|
5.0
|
|
2522
|
Metal office furniture
|
2.3
|
|
2721
|
Periodicals: publishing and printing
|
10.0
|
|
2731
|
Books: publishing and printing
|
10.0
|
|
2751
|
Commercial printing, letterpress and screen
|
10.0
|
|
2752
|
Commercial printing, lithographic
|
10.0
|
|
2789
|
Bookbinding and related work
|
10.0
|
|
2795
|
Lithographic platemaking and related services
|
25.0
|
|
2819
|
Industrial inorganic chemicals, NEC
|
10.0
|
|
2834
|
Pharmaceutical preparations
|
10.0
|
|
2841
|
Soap and other detergents
|
15.0
|
|
2893
|
Mfg. of printing ink
|
30.0
|
|
2899
|
Chemicals and chemical preparations, NEC
|
10.0
|
|
3079
|
Misc. plastics products
|
85.0
|
|
3111
|
Leather tanning and finishing
|
345.0
|
|
3272
|
Concrete products, except block and brick
|
35.0
|
|
3273
|
Ready-mixed concrete
|
90.0
|
|
3293
|
Gaskets, packings, and sealing devices
|
2.3
|
|
3325
|
Steel foundries, NEC
|
115.0
|
|
3341
|
Secondary smelting and refining of nonferrous metals
|
2.7
|
|
3441
|
Fabricated structural metal
|
25.0
|
|
3442
|
Metal doors, sash, frames, molding and trim
|
2.3
|
|
3444
|
Sheet metal work
|
40.0
|
|
3451
|
Screw machine products
|
10.0
|
|
3462
|
Ball and iron and steel forgings
|
5.0
|
|
3469
|
Metal stampings, NEC
|
5.0
|
|
3471
|
Electroplating, plating, polishing, anodizing, etc.
|
50.0
|
|
3479
|
Coating, engraving and allied services, NEC
|
100.0
|
|
3495
|
Wire springs
|
2.3
|
|
3498
|
Fabricated pipe and fittings
|
2.3
|
|
3499
|
Fabricated metal products, NEC
|
25.0
|
|
3531
|
Construction machinery and equipment
|
5.0
|
|
3544
|
Spec. dies and tools, die sets, jigs and fixtures, molds
|
10.0
|
|
3562
|
Ball and roller bearings
|
5.0
|
|
3565
|
Industrial patterns
|
5.0
|
|
3569
|
General industrial machinery and equipment, NEC
|
4.0
|
|
3576
|
Scales and balances, except laboratory
|
2.3
|
|
3599
|
Machinery, except electrical, NEC
|
10.0
|
|
3613
|
Switchgear and switchboard apparatus
|
5.0
|
|
3632
|
Household refrigerators and home and farm freezers
|
2.3
|
|
3694
|
Electrical equipment for internal combustion engineers
|
2.3
|
|
3714
|
Motor vehicle parts and accessories
|
75.0
|
|
3999
|
Manufacturing industries, NEC
|
2.3
|
|
4141
|
Local passenger transportation charter service
|
2.3
|
|
4151
|
School buses
|
2.3
|
|
4212
|
Local trucking without storage
|
10.0
|
|
4213
|
Trucking, except local
|
2.3
|
|
4225
|
General warehousing and storage
|
2.3
|
|
4311
|
U.S. Postal Service
|
2.3
|
|
4722
|
Travel agency
|
2.3
|
|
4811
|
Telephone communication
|
2.3
|
|
4832
|
Radio broadcasting
|
2.3
|
|
5042
|
Toys and hobby goods and supplies
|
2.3
|
|
5063
|
Electrical apparatus and equipment
|
2.3
|
|
5064
|
Electrical appliances
|
2.3
|
|
5072
|
Hardware - wholesale distribution
|
2.3
|
|
5082
|
Construction and mining machinery and equipment
|
2.3
|
|
5084
|
Industrial machinery and equipment
|
2.3
|
|
5142
|
Frozen foods
|
10.0
|
|
5149
|
Wholesale groceries and related products, NEC
|
10.0
|
|
5199
|
Wholesale non-durable goods, NEC
|
10.0
|
|
5211
|
Lumber and other building materials dealers
|
2.3
|
|
5231
|
Paint, glass, wallpaper
|
2.3
|
|
5251
|
Hardware - retail sales
|
2.3
|
|
5261
|
Retail nurseries lawn and garden supply stores
|
10.0
|
|
5271
|
Mobile home dealers
|
2.3
|
|
5311
|
Department stores
|
2.3
|
|
5331
|
Variety stores
|
2.3
|
|
5411
|
Grocery stores with meat and produce dept.
|
16.0
|
|
5412
|
Grocery stores without meat and produce dept.
|
6.0
|
|
5441
|
Candy, nut, and confectionery stores
|
10.0
|
|
5462
|
Retail bakeries - baking and selling
|
10.0
|
|
5499
|
Miscellaneous food stores
|
2.3
|
|
5511
|
Motor vehicle dealers
|
5.0
|
|
5531
|
Auto and home supply stores
|
2.3
|
|
5541
|
Gasoline service stations
|
15.0
|
|
5551
|
Boat dealers
|
5.0
|
|
5611
|
Clothing stores
|
2.3
|
|
5661
|
Shoe stores
|
2.3
|
|
5681
|
Furriers and fur shops
|
5.0
|
|
5711
|
Furniture, floor coverings, appliances
|
2.3
|
|
5812
|
Eating places (restaurants)
|
20.0
|
|
5813
|
Drinking places (taverns)
|
45.0
|
|
5912
|
Drug stores and proprietary stores
|
2.3
|
|
5921
|
Liquor stores
|
2.3
|
|
5931
|
Used merchandise stores
|
2.3
|
|
5941
|
Sporting goods stores and bicycle shops
|
2.3
|
|
5942-9
|
Miscellaneous stores
|
2.3
|
|
5992
|
Florists
|
10.0
|
|
5999
|
All other retail stores
|
2.3
|
|
6022-59
|
Banks
|
2.3
|
|
6122-63
|
Savings and loans
|
2.3
|
|
6311
|
Insurance companies
|
2.3
|
|
6411
|
Insurance agents
|
2.3
|
|
6512
|
Operators of nonresidential buildings
|
2.3
|
|
6515
|
Operators of residential mobile home sites
|
2.3
|
|
6531
|
Real estate agents and managers
|
2.3
|
|
6553
|
Cemetery subdividers and developers
|
2.3
|
|
6722
|
Management investment offices
|
2.3
|
|
7211
|
Power laundries, family and commercial
|
105.0
|
|
7212
|
Cleaning and laundry pick-up stations
|
2.3
|
|
7215
|
Fire, coin-op laundries and dry cleaning
|
910.0
|
|
7216
|
Dry cleaners
|
5.0
|
|
7221
|
Photographic studios
|
2.3
|
|
7231
|
Beauty shops
|
16.0
|
|
7241
|
Barbershops
|
10.0
|
|
7261
|
Funeral service and crematories
|
15.0
|
|
7299
|
Miscellaneous services, NEC
|
2.3
|
|
7311
|
Advertising agencies, employment services
|
2.3
|
|
7332
|
Blueprinting and photocopying services
|
2.3
|
|
7361
|
Employment agencies
|
2.3
|
|
7391
|
Research and development laboratories
|
10.0
|
|
7395
|
Photofinishing labs
|
10.0
|
|
7512
|
Passenger car rental and leasing, w/o drivers
|
10.0
|
|
7531
|
Top and body repair shop
|
5.0
|
|
7534
|
Tire retreading and repair shops
|
20.0
|
|
7538
|
General automotive repair shops
|
5.0
|
|
7539
|
Automotive repair not specified
|
20.0
|
|
7542
|
Car washes
|
115.0
|
|
7622
|
Radio and television repair
|
2.3
|
|
7699
|
Repair shops and related services, NEC
|
2.3
|
|
7832
|
Motion-picture theatres, not drive-ins
|
20.0
|
|
7911
|
Dance halls, studios, and schools
|
20.0
|
|
7922
|
Theatrical producers
|
20.0
|
|
7933
|
Bowling alleys
|
50.0
|
|
7992
|
Public golf courses
|
45.0
|
|
7997
|
Membership sports and recreation clubs
|
75.0
|
|
7999
|
Roller rinks, gymnasiums, museums
|
20.0
|
|
8011
|
Offices of physicians
|
10.0
|
|
8021
|
Offices of dentists
|
10.0
|
|
8031
|
Offices of osteopaths
|
10.0
|
|
8041
|
Offices of chiropractors
|
10.0
|
|
8051
|
Skilled nursing care facilities
|
20.0
|
|
8091
|
Health and allied services, NEC
|
10.0
|
|
8111
|
Attorneys
|
2.3
|
|
8211
|
Elementary and secondary schools
|
20.0
|
|
8221
|
Colleges, universities and prof. schools
|
25.0
|
|
8231
|
Libraries, and information centers
|
20.0
|
|
8249
|
Vocational schools, NEC
|
20.0
|
|
8421
|
Arboreta, botanical and zoological gardens
|
45.0
|
|
8621
|
Professional membership organizations
|
2.3
|
|
8641
|
Civic, social and fraternal associations
|
15.0
|
|
8661
|
Religious organizations (hours occupied only)
|
20.0
|
|
8699
|
Membership organizations, NEC
|
2.3
|
|
8911
|
Engineering, architectural and surveying services
|
2.3
|
|
8931
|
Accountants
|
2.3
|
|
9199
|
General government, NEC
|
2.3
|
|
9221
|
Police protection
|
2.3
|
|
9224
|
Fire protection
|
2.3
|
|
9451
|
Administration of veterans affairs
|
2.3
|
|
9999
|
All offices, NEC
|
2.3
|
|
NOTE: Parsonages should be regarded as single-family residences.
|
Any person who destroys, injures, or interferes with any apparatus or appliance owned, in charge of, or operated by the Sanitary District, shall be subject to a penalty as provided in § 23.30 of this chapter for each event or occurrence which results in the destruction, injury, or interference with any apparatus or appliance owned by the Sanitary District. Where an act by a person results in the destruction, injury, or interference with any apparatus or appliance owned by the Sanitary District is continuing in nature, each day that the violation continues shall be deemed a separate violation.
[Added 6-2-2009 by Ord.
No. 01-2009]
(1)
ACCIDENTAL DISCHARGE
ACT
AMALGAM
BTEX
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any direct discharge that exceeds any limits set forth in
this chapter or the users' permit that occurs without the knowledge
of the user and unintentionally by anyone.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. 1251 et seq.
Dental filling material made from a mixture of metallic mercury
with powdered silver-tin-copper alloy.
Benzene, toluene, ethyl benzene, and zylenes; volatile organic
compounds (VOCs) commonly found in discharges from leaking underground
storage tank (LUST) sites.
(2)
Specific prohibitions.
(a)
Any wastewater having a temperature which will inhibit biological
activity in the POTW, resulting in interference, but in no case, wastewater
with a temperature that exceeds 65° C. (149° F.) measured
in the waste stream at the point of entry to the municipal sewer or
heat causing individually or in combination with other wastewater,
the influent of the POTW to have a temperature exceeding 40° C.
(104° F.).
(b)
Any wastewater containing fats, wax, grease, or oils, whether
emulsified or not, containing substances which may solidify or become
viscous at temperatures between 0° C. (32° F.) and 65°
C. (149° F). Any facility discharging excessive amounts of oil
and grease detected by the Sanitary District to be causing fats, oils,
or grease obstructions in the sewer line must have installed a properly
sized grease interceptor or trap as determined by master plumber design
calculations; and service (pump/clean) grease interceptors or traps
as necessary to allow a continuous, efficient operation, to prevent
obstruction of flow in the sewer system, and/or to cause interference
with operation of the treatment plant.
(3)
Limitation on wastewater strength.
(a)
No user except as authorized pursuant to a wastewater discharge
permit shall discharge, either directly or indirectly, into the Sanitary
District's sewerage system any waste containing concentrations of
pollutants in excess of the following:
|
Pollutant
|
Limitation
(mg/l)
|
Pollutant
|
Limitation
(mg/l)
|
|---|---|---|---|
|
Arsenic
|
0.50
|
Cyanide (T)
|
2.30
|
|
Cadmium
|
0.08
|
Oil and grease
|
100**
|
|
Chromium (T)
|
7.60
|
Total toxic organics
|
2.13***
|
|
Copper
|
2.10
| ||
|
Lead
|
2.80
| ||
|
Mercury
|
3
| ||
|
Molybdenum*
|
2.20, or 0.97 pounds/day
| ||
|
Nickel
|
3.30
| ||
|
Selenium
|
1.50
| ||
|
Silver
|
2.90
| ||
|
Zinc
|
2.90
|
|
*
|
This limit is based on a daily maximum concentration, or a daily
mass limitation. Users are required to comply with either the concentration
limit or the mass limit for molybdenum.
|
|
**
|
The limitation for oil and grease pertains to nonbiodegradable
cutting oils, grease or other products of mineral oil origin.
|
|
***
|
Sum of all organic compound concentrations listed in but not
limited to, 40 CFR 122, Appendix D, Table II.
|
(b)
Continuous monitoring of pH. The Sanitary District will allow a waiver above the maximum pH limit listed in § 23.09(2)(g), 1% of the total monitoring time subject to the following restrictions:
1.
An industrial user shall not discharge below a pH of 5.0 [§ NR
211.10(2)(b)].
2.
A waiver will not be granted from a categorical standard for
an upper pH limit, if such an upper limit exists in the standard.
3.
A waiver will not be granted if the waiver will cause pass-through
or interference at the POTW.
(c)
Amalgam management at dental facilities. Any dental office that
places or removes amalgam shall implement the amalgam management practices
established by the Wisconsin Dental Association. Practices include
capturing and recycling all forms of waste amalgam from empty capsules,
excess scrap, chair-side traps, and vacuum filters. This section does
not apply to dental facilities that do not place or remove amalgam,
such as orthodontics, periodontics, oral and maxillo-facial surgery,
endodontics, or prosthodontics.
1.
Every vacuum system where amalgam is placed or removed shall
incorporate an amalgam separator that meets ISO 11143 standards by
January 1, 2010. Facilities shall install, operate, and maintain the
amalgam separator according to manufacturer instructions. The amalgam
separator must be of sufficient capacity for the size of dental facility
and vacuum system.
2.
Records of amalgam separator maintenance shall be retained for
a minimum of three years, and shall be readily available for inspection
and copying upon request by the Sanitary District. Records must contain
volume or weight of amalgam waste, name and address of shipper, and
name and address of destination.
3.
Dental facilities shall allow the Sanitary District to enter
the premises during normal operating hours for the purpose of inspection
or records examination.
4.
Dental facilities implementing Wisconsin Dental Association BMPs and operate and maintain an amalgam separator are exempt from numerical mercury discharge limits as listed in § 23.22(3)(a).
(4)
Groundwater remediation.
(a)
Notice of intent to discharge groundwater form. The requesting
discharger or contracted agent shall obtain a notice of intent to
discharge groundwater form from the Sanitary District. The completed
form shall be returned to the Sanitary District along with lab analysis
for BTEX (Benzene, Toluene, Ethyl Benzene, Xylenes) compounds, gasoline
range organics (GRO) and/or diesel range organics (DRO), as determined
by the Sanitary District on a case-by-case basis depending on the
site. All sampling and analysis shall be performed in accordance with
procedures contained in 40 CFR Part 136, Chapter NR 219, Wis. Adm.
Code, or other such methods approved by the department. Laboratory
analysis shall be performed by a laboratory certified under Chapter
NR 149, Wis. Adm. Code. The discharger shall be entitled to a decisive
reply (acceptance or non-acceptance) from the Sanitary District within
30 days of Sanitary District receipt of all required information.
Any change in ownership or contracted remediation party will require
the resubmission of the above information prior to the continuance
of any remediation discharge.
Enforcement of this chapter may be undertaken by filing an appropriate
citation, summons, complaint, or other pleading with the Municipal
Court of the Town of Brookfield, Waukesha County, Wisconsin.
(1)
Any person who fails to comply with any of the provisions of this
chapter, or with any order of the Sanitary District issued pursuant
to this chapter, or who tampers with any metering or sampling equipment,
or who otherwise violates any requirement imposed by this chapter,
shall be liable to the Sanitary District for any expense, loss, or
damage occasioned by such violation including reasonable attorney's
fees and other expenses of litigation, and upon conviction of any
violation of this chapter shall be fined an amount as listed in the
Schedule of Fees and Forfeitures, per violation, plus damages. Each
day a condition is allowed to exist, which is contrary to all or any
part of this chapter, shall constitute a new violation. Change of
ownership or occupancy of premises delinquent under the provisions
of this chapter shall not be cause for reducing or eliminating charges
due and penalties for violations.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(2)
If any user shall discharge a waste or wastewater, including septage
that is inhibiting to the sewer system or wastewater treatment facility,
said user shall pay a penalty in an amount as listed in the Schedule
of Fees and Forfeitures per violation upon conviction. Each day a
violation occurs shall constitute a separate violation. Said penalty
shall be added to the monthly or quarterly billing statement if not
paid within 30 days of conviction or such other time as set by the
court.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(3)
In addition to the Court proceedings and penalties described in the
foregoing sections of this chapter, whenever a person violates any
provision of this chapter or fails to comply with any order of the
Sanitary District, the Sanitary District may order that an action
be commenced on behalf of the Sanitary District in the Circuit Court
for Waukesha County for the purpose of obtaining an injunction restraining
the person violating this chapter, or failing to comply with the order,
from making any further discharges into the sewer system of the Sanitary
District.
