[HISTORY: Adopted by the Village Board of the Village of
Gresham as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 13, Subchapter I, of the prior Code]
Pursuant to § 66.0819, Wis. Stats., the Village waterworks
and sewerage system shall be owned and operated by the Village as
a single public utility, and all improvements and extensions to said
waterworks or sewerage systems, either or both, shall be considered
as improvements and extensions to the single public utility, and all
the properties, assets, obligations and liabilities of the waterworks
system and the sanitary sewerage system existing, outstanding and
accruing or to accrue shall be held, used, confessed and acknowledged
as properties, assets, obligations and liabilities of the single public
utility.
The functions of the Village Utility Department shall be performed
by the Village Board through the Public Works Committee.
The rules, rates and regulations for operation of the combined
utility shall be those on file with and approved by the Wisconsin
Public Service Commission.
Water and sewer laterals shall be installed by the Village from
the mains in the street to the property line upon request of the abutting
property owner. Such service laterals shall be charged to the abutting
property owner at the actual cost or annual average cost of such installation,
including the cost of restoration of street surfacing.
A.
CROSS CONNECTION
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any physical connection or arrangement between two otherwise
separate water systems, one of which contains potable water from the
Village water system and the other, water from a private source, water
of unknown or questionable safety, or steam, gases or chemicals, whereby
there may be a flow from one system to the other, the direction of
flow depending on the pressure differential between the two systems.
B.
Regulated. No person shall establish or permit to be established,
or maintain or permit to be maintained, any cross-connection. No interconnection
shall be established whereby potable water from a private, auxiliary
or emergency water supply other than the regular public water supply
of the Village may enter the supply or distribution system of the
Village unless such private, auxiliary or emergency water supply and
the method of connection and use of such supply shall have been approved
by the Village Board and by the Wisconsin Department of Natural Resources
in accordance with Wis. Adm. Code § NR 811.09(2).
C.
Duty to inspect. It shall be the duty of the Village Board to cause
inspections to be made of all properties served by the public water
system where cross-connection with the public water system is deemed
possible. The frequency of inspections and reinspections based on
potential health hazards involved shall be as established by the Village
Board and as approved by the Wisconsin Department of Natural Resources.
D.
Entry for inspection. Upon presentation of credentials, the Public
Works representative shall have the right to request entry at any
reasonable time to examine any property served by a connection to
the public water system of the Village for cross-connections. If entry
is refused, the Village President shall obtain a special inspection
warrant under § 66.0119, Wis. Stats. On request, the owner,
lessee or occupant of any property so served shall furnish to the
Village President any pertinent information regarding the piping system
or systems on such property.
E.
Disconnection of water service. The Public Works representative is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection F below. Water service to such property shall not be restored until the cross-connection has been eliminated in compliance with the provisions of this section.
F.
Emergency disconnection. If it is determined by the Public Works representative that any cross-connection constitutes an emergency, endangering public health, safety or welfare, and thereby requires immediate action, a written finding to that effect shall be filed with the Village Clerk and delivered to the customer's premises, and service shall be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.
G.
State code adopted by reference. The Village adopts by reference
the State Plumbing Code of Wisconsin, Ch. SPS 382, Wis. Adm. Code.
A.
Purpose. To protect public health, safety and welfare and to prevent
contamination of groundwater by assuring that unused, unsafe or noncomplying
wells, or wells which may act as conduits for contamination of groundwater,
or wells which may be illegally cross-connected to the municipal water
system or not properly maintained or abandoned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Applicability. This section applies to all wells located on premises served by the Village water system. Utility customers outside the jurisdiction of the municipal system may be required under contract agreement or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for the purposes stated in Subsection A above.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A community water system owned by a city, village, county,
town, town sanitary district, utility district or a federal, state,
county or municipally owned institution for congregate care or correction,
or a privately owned water utility serving the foregoing.
A well or pump installation which does not comply with § NR
812.42, Wis. Adm. Code, Standards for Existing Installations, and
which has not been granted a variance pursuant to § NR 812.43,
Wis. Adm. Code.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
A well or pump installation which produces water which is
bacteriologically contaminated or exceeds the drinking water standards
of § NR 812.06, Wis. Adm. Code, or for which a health advisory
has been issued by the Department of Natural Resources.
A well or pump installation which is not used or does not
have a functional pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purpose of obtaining
groundwater for consumption or other use.
The proper filling and sealing of a well according to the
provisions of § NR 812.26, Wis. Adm. Code.
D.
Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with Subsection F below no later than one year from the date of connection to the municipal water system unless a valid well operation permit has been issued to the well owner by the Village Utility Department under terms of Subsection E below.
E.
Well operation permit. Owners of wells on premises served by the
municipal water system wishing to retain their wells for any use shall
make application for a well operation permit for each well no later
than one year after connection to the municipal water system. The
Village Utility Department shall grant a permit to a well owner to
operate a well for a period not to exceed five years, providing all
conditions of this section are met. A well operation permit may be
renewed by submitting an application verifying that the conditions
of this section are met. The Department or its agent may conduct inspections
and water quality tests or require inspections and water quality tests
to be conducted at the applicant's expense using independent certified
contractors to obtain or verify information necessary for consideration
of a permit application or renewal. Permit applications and renewals
shall be made on forms provided by the Department. The following conditions
shall be met for issuance or renewal of a well operation permit:
(1)
The well and pump installation shall meet or may be upgraded to meet
the standards for existing installations described in § NR
812.42, Wis. Adm. Code.
(2)
The well and pump shall have a history of producing safe water evidenced
by at least two coliform bacteria samples taken a minimum of two weeks
apart. In areas where the Department of Natural Resources has determined
that groundwater aquifers are contaminated with substances other than
bacteria, additional chemical tests may be required to evidence safety
of the water.
(3)
There shall be no cross-connections between the well's pump installation
or distribution piping and the municipal water system.
(4)
The well water shall not discharge into a drain leading directly
to a public sewer utility unless properly metered and authorized by
the sewer utility.
(5)
The well shall have a functional pumping system and the proposed
use of well water can be justified as reasonable in addition to water
provided by the municipal water system.
F.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this section shall
be done according to the procedures and methods of § NR
812.26, Wis. Adm. Code. All debris, pumps, piping, unsealed liners
and any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment.
(2)
The owner of the well or the owner's agent may be required to obtain
a well abandonment permit prior to any well abandonment and notify
the Village Utility Department in advance of any well abandonment
activities. The abandonment of the well shall be observed or verified
by inspection by the municipal system.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Village Utility
Department and the Department of Natural Resources within 30 days
of the completion of the well abandonment.
G.
Penalties. Any well owner violating any provision of this section
shall, upon conviction, be subject to a forfeiture of not less than
$25 nor more than $200 plus the cost of prosecution. Each day of violation
is a separate offense. If any person fails to comply with this section
for more than 30 days after receiving written notice of the violation,
the Village may impose a penalty and cause the well abandonment to
be performed and the expense to be assessed as a special charge against
the property pursuant to § 66.0627, Wis. Stats.
Property owners shall maintain and keep sewer and water drains
free of obstructions at all times. Drains include those connecting
to the main line in the streets and alleys.
[Amended by Ord. No. 1-05; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
A.
Delinquent charges to become lien. Pursuant to § 66.0809,
Wis. Stats., electric, sewer and water rates charges for service by
the Municipal Utility shall be considered delinquent upon giving the
notice as provided in this section. Such delinquent charges shall
be a lien upon the property served by the utility and shall be levied
by the Village Clerk as if a tax against the property serviced. Proceedings
for challenging and collecting general property taxes, including the
sale and return of property for delinquent taxes, shall apply to the
liens established under this section if the same are not paid within
the time required by law for payment of taxes upon real estate.
B.
Procedure. The municipal utility shall inform the Village Treasurer
before October 15 of each year of all lots or parcels of real estate
for which electric, sewer and water service was supplied in the year
preceding October 1 and for which amounts of electric, sewer and water
charges are still owed. On October 15, the Treasurer shall give written
notice to the owner or occupant of each such parcel, stating that
an amount is owed for electric, sewer and water service; the amount
still owed, including any penalty assessed pursuant to the rules of
the Public Works Committee; that unless that amount is paid by November
1 an additional penalty of 10% of the amount in arrears shall be added
thereto; and that unless the amount in arrears plus any penalty are
paid by November 15 the amount shall be levied as if it were a tax
on the lot or parcel served and for which payment is delinquent. On
November 16, the Treasurer shall certify to the Village Clerk a list
of all parcels or lots for which payments are in arrears and for which
notice has been given, including the amount of the arrears with any
penalty added thereto. Such delinquent amounts, including any penalty,
shall thereupon become a lien upon the lot or parcel of real estate
to which the electric, sewer and water was furnished and payment for
which is delinquent, and the Clerk shall insert the same as if a tax
against such lot or parcel of real estate.
[Adopted as Ch. 13, Subchapter II, of the prior Code]
This article regulates the use of public and private sewers
and drains, disposal of septage wastes into the public sewers and
the discharge of waters and wastes into the public sewerage system
within the Village. It provides for and explains the method used for
levying and collecting wastewater treatment service charges, sets
uniform requirements for discharges into the wastewater collection
and treatment systems, and enables the Village to comply with administrative
provisions, water quality requirements, toxic and pretreatment effluent
standards and other discharge criteria which are required or authorized
by the state or federal law. Its intent is to derive the maximum public
benefit by regulating the characteristics of wastewater discharged
into the Gresham sewer system. This article provides a means for determining
wastewater and septage volumes, constituents and characteristics,
the setting of charges and fees, and the issuing of permits to certain
users. Revenues derived from the application of this article shall
be used to defray the costs of operating and maintaining adequate
wastewater collection and treatment systems and to provide sufficient
funds for capital outlay, debt service costs and capital improvements.
The charges and fees herein have been established pursuant to requirements
of the Wisconsin Statutes. This article shall supersede any previous
Village ordinance, rule or regulation and shall repeal all parts thereof
that may be inconsistent with this article. If there is any conflict
between this article and any applicable statute, the statute shall
be controlling.
The terms used herein are defined 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 and Pub. L. 92.243, or
modified by Ch. 283, Wis. Stats., or appropriate sections of the Wisconsin
Administrative Code adopted pursuant to Ch. 283.
The Village Board of the Village of Gresham.
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 200°
C. The laboratory determinations shall be made in accordance with
procedures set forth in "Standard Methods."
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
The annual costs of principal and interest incurred by the
Village on the wastewater treatment facility.
Funds set aside annually for:
Purchase and installation of new equipment or modifications
to existing facilities which will improve the operation and performance
of the wastewater treatment facilities or wastewater pumping stations.
Purchase of trucks and heavy equipment needed for operation
and maintenance.
Purchase of office and accounting equipment.
Waterborne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial wastes and in which
the average concentration of suspended solids is established at or
below 41.0 mg/l and the BOD is established at or below 350 mg/l.
Any nongovernmental nonresidential user of publicly owned
treatment works which discharges more than the equivalent of 25,000
gallons per day (GPD) of sanitary wastes and which is identified in
the Standard Industrial Classification Manual, 1972, Office of Management
and Budget, as amended and supplemented under the following divisions:
Division A, Agriculture, Forestry and Fishing; Division B, Mining;
Division D, Manufacturing; Division E, Transportation, Communications,
Electric, Gas and Sanitary Services; Division I, Services. In determining
the amount of a user's discharge for purposes of industrial cost recovery,
the grantee may exclude domestic wastes or discharges from sanitary
conveniences. After applying the sanitary waste exclusion, dischargers
in the above divisions that have a volume exceeding 25,000 GPD or
the weight of biochemical oxygen demand (BOD) or suspended solids
(SS) equivalent to that weight found in 25,000 GPD of sanitary waste
are considered industrial users. Sanitary wastes, for purposes of
this calculation of equivalency, are the wastes discharged from residential
users. Any nongovernmental user of a publicly owned treatment works
which discharges wastewater to the treatment works which contains
toxic pollutants or poisonous solids, liquids or gases in sufficient
quantity either or by interaction with other wastes, to contaminate
the sludge of any municipal systems, or to injure or to interfere
with any sewage treatment process, or which constitutes a hazard to
humans or animals, creates a public nuisance, or creates any hazard
in or has an adverse effect on the waters receiving any discharge
from the treatment works.
Any waterborne 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.
Expenditures made by the Village in the operation and maintenance
of its wastewater treatment facilities and wastewater pumping stations
consisting of and limited to the actual sums spent for each and all
of the following purposes:
Wages and salaries of operating, maintenance, clerical, laboratory
and supervisory personnel, together with fringe benefits and premiums
paid on such wages and salaries for the state workers' compensation
coverage and Public Employee's Retirement Act benefits.
Electrical power.
Chemicals, fuel and other operating supplies.
Repairs to and maintenance of the equipment associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Replacement.
Any and all persons, natural and artificial, including any
individual, firm, company, municipal or private corporation, association,
governmental agency or other entity and agents, servants or employees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in the "Standard Methods."
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed.
A sewer that conveys domestic wastewater or industrial waste
or a combination of both, and into which storm, surface and ground
waters or unpolluted industrial wastewater are not intentionally passed.
A sudden increase in sewage discharge that may tend to overload
the receiving sewer.
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, American Water Works Association and the
Water Environment Federation.
A sewer which carries storm and surface drainage, but excludes
domestic wastewater and industrial wastes.
The Superintendent or Operations Manager or representative,
as named by the Village President, of the wastewater treatment plant
and shall be in charge of and supervise the operations and functions
of the wastewater treatment plant.
An additional charge related to industrial wastes being discharged
by any user having unusual characteristic such as excessive BOD, excessive
suspended solids or other pollutants.
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 suspended solids
shall be made in accordance with procedures set forth in "Standard
Methods."
Water or waste containing none of the substances or characteristics
defined under "prohibited discharges" and shall contain not more than
30 mg/l each of suspended solids and BOD.
Any person discharging domestic wastewater or industrial
wastes into the collection system.
A charge levied on users of a wastewater works for the cost
of operation and maintenance, including replacement, of the wastewater
treatment facilities and wastewater pumping stations and local capital
costs such as debt retirement, depreciation and previous year operating
debt.
A group of users having similar wastewater flows and characteristics,
levels of BOD, suspended solids, etc.
Any solids, liquid or gaseous material or combination thereof
discharged from any residences, business buildings, institutions and
industrial establishments into the collection system or storm sewer.
A combination of the water-carried waste discharged into
the collection system from residences, business buildings, institutions
and industrial establishments, together with such groundwater, surface
water and stormwater as may be present.
A pumping facility utilized to pump wastewater within the
collection system.
Any Village-owned facility, devices and structures used for
receiving and treating wastewater from the Village collection system.
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283,
Wis. Stats.
A.
No person shall discharge or cause to be discharged any stormwater,
groundwater, roof runoff, yard drainage, yard fountain or pond overflow
into the collection system. Unpolluted water or waste shall be discharged
to only storm sewers or to a natural outlet. Unpolluted water or wastewater
may be discharged upon prior written approval of the Superintendent
or Operations Manager to the collection system if the rate is not
in excess of three gallons per minute.
B.
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:
(1)
Any liquid having a temperature higher than 150° F. (65°
C.).
(2)
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.).
(3)
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 wastewater works.
(4)
Any solids, slurries or viscous substances of such character as to
be capable of causing obstruction to the flow in the collection system
or storm sewer, or interfere with the proper operation of the wastewater
works.
(5)
Any garbage that has not been properly comminuted or shredded.
(6)
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.
(7)
Any wastes or wastewater having a pH lower than 5.5 or higher than
10.5 or having any corrosive property capable of causing damage or
hazards to the wastewater works or personnel.
(8)
Any wastes or wastewater of such character and quantity that unusual
attention or expense is required to handle them in the wastewater
works.
(9)
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 any wastewater treatment process, to constitute
a hazard to humans or animals, to create any hazard in the wastewater
works, or which would cause the Village wastewater treatment facilities
to discharge any pollutants such as cyanide, hexavalent chromium,
trivalent chromium, copper, nickel, cadmium, zinc, phenols, iron and
tin in quantities in excess of the limitations established in the
Wisconsin Administrative Code or WPDES permit.
(10)
Any radioactive wastes greater than allowable releases as specified
by current United States Bureau of Standards handbooks dealing with
the handling and release of radioactivity.
(11)
Free or emulsified oil and grease exceeding on analysis an average
of 100 mg/l of either or both or combinations of free or emulsified
oil and grease if, in the opinion of the Superintendent or Operations
Manager, it appears probable that such wastes or wastewater:
(a)
Can deposit grease or oil in the collection system in such manner
to cause it to clog.
(b)
Are not amenable to bacterial action and will therefore pass
to the receiving waters without being affected by normal wastewater
treatment processes.
(c)
Can have deleterious effects on the wastewater treatment process
due to the excessive quantities.
(12)
Any cyanides or cyanogen compounds capable of liberating hydrocyanic
gas or acidification in excess of 1/2 mg/l by weight as cyanide in
the wastes.
(13)
Wastes or wastewater which:
(a)
Cause unusual concentrations of solids or composition as, 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.
(b)
Cause excessive discoloration in the wastewater treatment facilities
discharge.
(c)
Has BOD in excess of 900 mg/l based upon a twenty-four-hour
composite sample.
(d)
Has a total BOD or suspended solids loading in excess of the wastewater discharge permit described in § 290-19 of this article.
(e)
Is discharged without application for a wastewater discharge permit or contractual agreement as required under § 290-19 of this article.
(f)
Cause damage to the collection system or impair the treatment
process.
C.
No person shall permit the discharge of sludge of water or wastes
to the collection system which may be harmful to the operation of
the wastewater works. Where, in the opinion of the Superintendent
or Operations Manager, slugging does occur, each person producing
such a discharge into the collection system shall construct and maintain,
at his own expense, a storage reservoir of sufficient capacity with
flow control equipment to ensure an equalized discharge over a twenty-four-hour
period.
D.
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 his WPDES permit.
E.
No person shall connect to and discharge to the collection system
unless there is capacity available in all downstream components of
the wastewater works as determined by the Public Works representative.
Any person who accidentally discharges wastes or wastewater prohibited under § 290-13 of this chapter into the wastewater works or storm sewer shall immediately report such discharge to the Village Utility Department.
A.
The approving authority may require pretreatment facilities of any
person discharging or planning to discharge industrial waste if the
waste or wastewater could:
(1)
Cause damage to the collection system.
(2)
Impair the treatment process.
(3)
Cause the Village to incur treatment costs exceeding those of domestic
wastewater.
(4)
Have any of the characteristics of the "prohibited discharges" described in § 290-13 of this article.
(5)
Cause the wastewater treatment facilities to exceed its total design
loading for volume, BOD, suspended solids or any pollutant.
(6)
Cause a particular industry to exceed its design allocation for volume,
BOD, suspended solids or any other pollutant.
B.
Construction, operation and maintenance of pretreatment facilities
shall be at the expense of the person discharging the industrial waste.
C.
Plans, specifications and any other pertinent information relating
to proposed pretreatment facilities shall be submitted for review
of the Superintendent or Operations Manager and Public Works Department
prior to the start of construction.
D.
In accordance with Ch. NR 114, Wis. Adm. Code, all pretreatment
facilities shall be operated by qualified personnel holding a Class
5 license issued by the Wisconsin Department of Natural Resources.
Grease, oil and sand interceptors shall be provided at repair
garages, gasoline stations, car washes and other industrial or commercial
establishments for the proper handling of liquid wastes containing
grease in excessive amounts, oil, flammable wastes, sand and other
harmful ingredients. All interceptors shall be constructed in accordance
with the Wisconsin Plumbing Code and shall be located as to be readily
and easily accessible for easy cleaning and inspection. All grease,
oil and sand interceptors shall be maintained by the owner, at his
expense, in continuous, efficient operation at all times.
A.
The water consumption, as determined from the meter records of the
Village Utility Department, shall be the basis for computing the wastewater
flow unless:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The water is contained in a product or is evaporated or is discharged
as unpolluted water or waste to surface drainage. In such cases, an
application may be made for a reduction in the volume of wastewater
discharged to the collection system, provided supporting data, satisfactory
to the Superintendent or Operations Manager, is furnished. This data
shall include a flow diagram, destination of water and/or wastewater,
supported by submetering data installed on such process piping at
the expense of the user.
(2)
The water is condensed from a product so that the quantity of wastewater
is increased over the amount of water being metered. In such cases,
the increased flow shall be measured in a manner which is acceptable
to the Superintendent or Operations Manager and added to the flow
obtained from the water meter readings.
(3)
The quantity of water used during the second or third billing quarter
at any single-family or duplex dwelling units producing domestic wastewater
and having a lawn in connection therewith shall exceed the quantity
of water used during the first billing quarter of the calendar year.
In such cases, the meter reading for the first billing quarter shall
be used in determining the wastewater flow for such second or third
billing quarter, provided this section shall not be applied to any
premises where the water service was disconnected at any time during
the first billing quarter.
(4)
When water for sprinkling lawn is metered separately, no user charge
shall be made.
(5)
Where any lot, parcel of land, building or premises discharging domestic
wastewater or industrial waste into the collection system is supplied
in whole or in part with water not obtained from the Village, the
owner or occupant of such property shall cause to be installed necessary
metering equipment as approved by the Superintendent or Operations
Manager to measure the quantity of water pumped or discharged to the
collection system. The user charge shall be based on the quantity
of water so measured. Whenever the person fails to install such metering
equipment or where it is not practicable to measure the water consumed
on any premises by a meter or meters, the Superintendent or Operations
Manager shall determine the estimated volume of water discharged into
the wastewater works.
B.
The Superintendent or Operations Manager may require the installation
of devices for metering the volume of waste discharged if those volumes
cannot otherwise be determined from metered water consumption records
or if the user discharges over 10,000 gallons on any day. The metering
devices shall be owned and maintained by the person and may not be
removed without consent of the Superintendent or Operations Manager.
C.
Control manholes. All persons discharging industrial wastes into
the wastewater works shall construct and maintain control manholes
in suitable land accessible positions on public property or easement
to facilitate the observation, measurement and sampling of all his
wastes or wastewater. Control manholes shall be located and constructed
in a manner approved by the Superintendent or Operations Manager.
Plans shall be submitted to the Superintendent or Operations Manager
prior to construction.
A.
The Village shall collect samples and perform laboratory tests on
industrial waste discharges as necessary to verify the quantity of
flow and character and concentration of an industrial waste. The Village's
test result shall be used to determine the applicable surcharge.
B.
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 contractual agreement under § 290-19 of this article or at such intervals as determined by the Superintendent or Operations Manager.
C.
When Chs. NR 101 and NR 202, Wis. Adm. Code, require the submittal
of the character and concentration of wastes, waste volume and production
information to the Village or the Wisconsin Department of Natural
Resources, the user shall have the waste character and concentration
determined by an independent testing laboratory. A copy of the test
results and DNR reports shall be submitted to the Superintendent or
Operations Manager.
D.
All measurements, test analysis of the characteristics of industrial
wastes shall be determined in accordance with "Standard Methods" or
40 CFR 136. Alternate methods of analysis may be used, subject to
prior written approval of the Superintendent or Operations Manager.
A.
Wastewater discharge permit.
(1)
A wastewater discharge permit is required under this section if a
person's discharge into the Village wastewater works has any of the
following characteristics:
(2)
Any such persons planning to discharge, change the characteristics
of their discharge or whose discharge permit has expired shall make
application to the Superintendent or Operations Manager of the Village
Utility Department. All persons currently discharging shall make application
to the Superintendent or Operations Manager within 60 days after passage
of this article and shall have an executed permit within 60 days of
application to discharge or discontinue discharging. A discharge permit
shall be required for each separate point of discharge into the Village
wastewater works. No person shall discharge waste or wastewater into
the Village wastewater works without a wastewater discharge permit
if required by this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Permit application.
(1)
Users seeking a wastewater discharge permit shall complete and file
with the Superintendent or Operations Manager an application on the
form prescribed by the Superintendent or Operations Manager. 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 Superintendent or Operations Manager.
(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 Superintendent
or Operations Manager to be necessary to evaluate the permit application.
(2)
The Superintendent or Operations Manager shall evaluate the data
furnished by the user and may require additional information. After
evaluation and acceptance of the data furnished, the Superintendent
or Operations Manager may issue a wastewater discharge permit subject
to terms and conditions provided herein.
C.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of
this article and all other regulations, user charges and fees established
by the approving authority. The conditions of wastewater discharge
permits shall be uniformly enforced by the Superintendent or Operations
Manager in accordance with this article and applicable state and federal
regulations. Permit conditions shall include the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the wastewater works.
(2)
The average and maximum wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
(4)
Requirements for installation of control manholes.
(5)
Pretreatment requirements.
(6)
Requirements for maintaining plant records relating to wastewater
discharges as specified by the Superintendent or Operations Manager
and affording the Village access thereto.
(7)
Average and maximum pollutant concentrations and total daily average
and maximum pollutant discharges for all pollutants subject to limitations
and prohibitions which are present in the user's wastewater discharge.
(8)
All persons required to make application for a wastewater discharge
permit shall, before issuance of the permit, enter into a contractual
agreement with the Village. 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 approving authority.
(9)
Other conditions as deemed appropriate by the Superintendent or Operations
Manager to ensure compliance with this article.
D.
Duration of permits. A permit shall be issued for one year and shall
be automatically renewed on a year-to-year basis thereafter unless
the person is notified by the Superintendent or Operations Manager
within 60 days prior to the expiration of the permit or any renewal
thereof. After such notification by the Superintendent or Operations
Manager, the permit shall expire on the end of that year. The terms
and conditions of the permit shall be subject to modification and
change by the Superintendent or Operations Manager during the life
of the permit if so required because of any ordinances, statutes or
rules and regulations of the approving authority or any applicable
state or federal body. The person shall be informed of any proposed
changes in his 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.
E.
Transfer of a permit. Wastewater discharge permits are issued to
a specific user for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new owner, new
user, different premises or a new or changed operation.
F.
Revocation of permit. Any user who violates any of the conditions
of his permit, contractual agreement or this article or of applicable
state or federal regulations is subject to having his permit revoked.
The Village 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 article.
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 inspection by the public, but shall be available for
use by the Village or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report.
No unauthorized person shall maliciously, willfully or negligently
break, damage, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater works.
The approving authority shall make the following charges to
offset the cost of operation and maintenance, debt retirement and
previous years' operating debt of its wastewater treatment facility
and operation and maintenance of the wastewater pumping station. The
costs shall be reviewed and the rates adjusted by the approving authority
on a biannual basis. The initial rates shall be effective January
1, 1982. The subsequent rate shall be adjusted annually thereafter
except, if necessary, the rates may be adjusted more frequently. Appendix
A, which is attached hereto and made a part of this article, presents
the method for determining the user charge cost. Costs used in Appendix
A are estimated costs and shall be reviewed by the approving authority
on a biannual basis.[1]
A.
Definitions.
|
C = A user's total charge per unit of time
|
|
A = A user's charge for accounting and collecting per unit of
time
|
|
U = A user's charge for pumping and treating domestic wastewater
per unit of time
|
|
S = A user's surcharge for wastewater having pollutant concentrations
in excess of domestic wastewater per unit of time
|
|
Ca = Total cost for accounting and collecting
per unit of time
|
|
Cv = Total cost for pumping and treating
domestic wastewater volume per unit of time
|
|
Cb = Total cost for treatment of a quantity
of BOD above a concentration of 350 mg/l per unit of time
|
|
Cs = Total cost for treatment of a quantity
of suspended solids above a concentration of 410 mg/l per unit of
time
|
|
Cp = Total cost for treatment of a quantity
of any pollutant above base concentration per unit of time
|
|
At = Total number of users per unit of
time
|
|
Vt = Total volume contribution from all
users per unit of time
|
|
Bt = Total quantity BOD having a concentration
above 350 mg/l for all users per unit of time
|
|
St = Total quantity suspended solids
having a concentration above 410 mg/l from all users per unit of time
|
|
Pt = Total quantity of any pollutant
contribution above base concentration from all users per unit of time
|
|
Vu = Volume contribution from a user
per unit of time
|
|
Bu = Quantity of BOD having a concentration
of above 350 mg/l from a user per unit of time
|
|
Su = Quantity of suspended solids having
a concentration of above 410 mg/l from a user per unit of time
|
|
Pu = Quantity of any pollutant contribution
above base concentration from a user per unit of time
|
 |
B.
Wastes discharged at strengths or pollutant levels equal to or less
than domestic sewage shall pay the user charge for pumping and treating
domestic wastewater. Persons discharging wastes with strengths or
pollutant levels above domestic wastewater shall pay the surcharge
in addition to the user charge based on volume.
C.
Any person discharging an industrial waste of such character that
it causes the Village to incur additional expenses for treatment to
the extent that the expenses are not covered by existing Village user
charges or surcharges, shall pay the added cost of handling and treating
the wastewater.
D.
All liquid wastes from all septic tanks and dry wells to be disposed
of within the Village, by either public or private means, shall be
disposed of at the wastewater treatment facilities of the Village.
The charges for such disposal of liquid wastes from septic tanks and
dry wells shall be established by the approving authority.
[1]
Editor's Note: Appendix A is on file in the Village office.
A.
The annual capital cost amortization for future improvements to the
Village wastewater treatment facility shall be included in future
debt retirement costs and shall be part of future user charges and
surcharges.
B.
Definitions.
|
Fu = Future increase in user charge per
unit of time
|
|
Fs = Future increase in surcharge per
unit of time
|
|
FA = Total amount which is amortized
as a result of future improvements to the wastewater treatment facility
per unit of time
|
|
FAv = Amount of amortized cost attributed
to treating domestic wastewater volume per unit of time
|
|
Fab = Amount of amortized cost attributed
to treatment of BOD above a concentration of 350 mg/l per unit of
time
|
|
Fas = Amount of amortized attributed
to treatment of suspended solids above a concentration of 410 mg/l
per unit of time
|
|
Fap = Amount of amortized cost attributed
to treatment of any pollutant above base concentration per unit of
time
|
|
FVt = Total volume contribution from
all users per unit to time
|
|
FBt = Total quantity of BOD having a
concentration above 350 mg/l from all users per unit of time
|
|
FSt = Total quantity suspended solids
having a concentration above 410 mg/l from all users per unit of time
|
|
FPt = Total quantity of any pollutant contribution above base
concentration from all users per unit of time
|
|
FVu = Volume contribution from a user
per unit of time
|
|
FBu = Quantity of BOD contribution above
350 mg/l for a user per unit of time
|
|
FSu = Quantity of suspended solids contribution
above 410 mg/l from a user per unit of time
|
|
FPu = Quantity of any pollutant contribution
above base concentration from a user per unit of time
|
 |
A.
Monthly and quarterly statements. Wastewater user charges provided for in this article shall be included as separate items on the regular bill for water service. The amount due to the Village shall be payable monthly and shall be payable on the first of the month following the monthly period in which service is rendered, except if the average daily water use exceeds 5,000 gallons the Superintendent or Operations Manager may require that bills be rendered monthly. Such bills shall become due and payable on the first of the month following the month in which service is rendered. Failure to receive a bill shall not exempt or excuse the consumer from the obligation to pay for the service rendered. If a meter ceases to register, the amount of the bill shall be computed on the basis of previous consumption. The approving authority shall maintain the proportionate distribution of operation, maintenance and replacement costs among users as defined in § 290-12 of this article. The approving authority shall generate sufficient revenues through the wastewater user chargers to pay the total operation, maintenance and replacement costs. Excess revenues collected from a user class shall be applied to the operation, maintenance and replacement costs attributed to that user class for the next year. On the last monthly bill of each year, the approving authority shall identify separately for each user or user class the total annual charge for operation and maintenance costs, replacement costs and debt retirement.
B.
Collection of delinquent charges. All charges shall be collected
and taxed and shall be lien upon the property served pursuant to § 66.0809,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Recovery of delinquent charges in civil action. In addition, any
charges levied by and pursuant to this section not paid and becoming
delinquent may be recovered from the occupant of the premises served
in a civil action by the Village in a court of competent jurisdiction
if the Village elects to do so.
A.
Notification of violation. Any person in violation of this article
or of any prohibition, limitation or requirement contained herein,
or of any contractual agreement or wastewater discharge permit referred
to herein will be served by the Superintendent or Operations Manager
with a written notice stating the nature of the violation and providing
a reasonable time limit for the satisfactory correction thereof. The
Superintendent or Operations Manager shall endeavor to the full extent
possible to eliminate or remedy such violation without resorting to
further administrative proceedings.
B.
Show cause hearing.
(1)
If those efforts have been unsuccessful, the Superintendent or Operations
Manager may order any person who causes or permits an unauthorized
discharge or who violates any section of this article to show cause
before the approving authority why such discharge should not be discontinued
or corrected. Notice shall be served on the offending party, specifying
the time and place of hearing to be held by the approving authority
regarding the violation and directing the offending party to show
cause before the approving authority why an order should not be made
directing the discontinuance of such discharge or why some other appropriate
order should not be made. The notice of hearing shall be served personally
or by registered or certified mail addressed to the billing address
of the user at least 10 days before the hearing. Service may be made
upon any officer, director or registered agent of a corporation or
the person apparently in charge of the local office of the corporation.
The notice shall be signed by the Superintendent or Operations Manager
and delivered to the Village Clerk, who shall cause the notice to
be served on the offending party. The date for hearing shall be set
by the Village President or, in his absence, by the Village Clerk.
The hearing shall be conducted by the approving authority and shall
be public. All testimony taken before the approving authority shall
be under oath and recorded stenographically, and all witnesses shall
be subject to cross-examination. At the hearing, the Superintendent
or Operations Manager and the offending party may be represented by
an attorney and may compel the attendance of witnesses by subpoena
and may compel the production of books, papers, documents or tangible
things described in the subpoena in accordance with § 805.07,
Wis. Stats., and subpoenas shall be issued by the Village President
and, in his absence, by the Clerk on request and be served as are
subpoenas under Ch. 885, Wis. Stats. The approving authority may permit
members of the public to testify.
(2)
After the approving authority has reviewed the evidence, it may issue
an order to the party responsible for the discharge, ordering within
a specified time period any or all of the following:
(a)
Require that the discharge be discontinued.
(b)
Require control of the quantities and rates of discharge.
(c)
Require pretreatment.
(d)
Require proper operation and maintenance of existing pretreatment
equipment.
(e)
Require extra payment over and above the user charges for the
extra costs incurred by the Village caused by a user's discharge.
(f)
Terminate the water and sanitary sewer service until the ordered
corrective action is completed.
(3)
A violation of an order of the approving authority shall be considered
a public nuisance. If any person discharges waste or wastewater into
the wastewater treatment facilities contrary to any order of the approving
authority, the authority may order that an action be commenced on
behalf of the Village in the County Circuit Court for the purpose
of having the discharge stopped by injunction.
C.
Violations.
(1)
In addition, any person who fails to comply with any of the provisions of this article or with an order of the approving authority issued in pursuance of this article, or shall tamper with metering or sampling, shall be liable to the Village 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 article, shall be subject to a forfeiture of not less than $100 nor more than $2,500 per violation, plus damages. Each day a condition is permitted to exist which is contrary to all or any part of this article shall constitute a new violation. The forfeiture herein stated in this section shall supersede the penalty provisions of § 1-3 of this Code. Change of ownership or occupancy of premises shall not be cause for reducing or eliminating charges due and penalties for violations.
(2)
If any user shall discharge a waste or wastewater with a BOD concentration of 900 mg/l or greater, as defined in § 290-13B(13)(c) of this article, the user shall pay a penalty of $200 per violation. Each day a violation occurs shall constitute a separate violation. Said penalty shall be added to the monthly or quarterly billing statement.
(3)
In addition to the court proceedings and penalties described in the
foregoing sections of this article, whenever a person violates any
provision of this article or fails to comply with any order of the
approving authority, the authority may order that an action be commenced
on behalf of the Village in the Shawano County Circuit Court for the
purpose of obtaining an injunction restraining the person violating
this article of failing to comply with the order from making any further
discharges into the wastewater treatment facilities of the Village.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be invalid or unconstitutional by
reason of any decision of any court of competent jurisdiction, such
decision shall not affect the validity of any other section, subsection,
sentence, clause or phrase or portion thereof. The approving authority
hereby declares that it has passed this article and each section,
subsection, sentence clause, phrase or portion thereof irrespective
of the fact that any one or more section, subsections, sentences,
clauses, phrases or portions thereof may be declared invalid or unconstitutional.
