[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.
Sanitary sewer and water mains shall be extended by the Village to areas not presently served by such utilities and shall be assessed in accordance with the appropriate sections of Chapters
234, Public Improvements and Assessments, and
318, Subdivision of Land, of this Code.
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.
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.
Any person who shall violate any provision of the rules and regulations of the Utility adopted pursuant to §
290-3 of this chapter shall be subject to the penalty as provided in §
1-3 of this Code.
[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:
ACT
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.
BOD
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."
COLLECTION SYSTEM
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
DEBT RETIREMENT
The annual costs of principal and interest incurred by the
Village on the wastewater treatment facility.
DEPRECIATION
Funds set aside annually for:
A.
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.
B.
Purchase of trucks and heavy equipment needed for operation
and maintenance.
C.
Purchase of office and accounting equipment.
DOMESTIC WASTEWATER
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.
INDUSTRIAL USER
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.
INDUSTRIAL WASTE
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.
OPERATION AND MAINTENANCE COST
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:
A.
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.
C.
Chemicals, fuel and other operating supplies.
D.
Repairs to and maintenance of the equipment associated therewith.
E.
Premiums for hazard insurance.
F.
Premiums for insurance providing coverage against liability
for injury to persons and/or property.
H.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
I.
Consultant and legal fees.
PERSON
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)]
pH
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."
REPLACEMENT
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.
SANITARY SEWER
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.
SLUG
A sudden increase in sewage discharge that may tend to overload
the receiving sewer.
STANDARD METHODS
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.
STORM SEWER
A sewer which carries storm and surface drainage, but excludes
domestic wastewater and industrial wastes.
SUPERINTENDENT OR OPERATIONS MANAGER
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.
SURCHARGE
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.
SUSPENDED SOLIDS
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."
UNPOLLUTED WATER OR WASTEWATER
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.
USER
Any person discharging domestic wastewater or industrial
wastes into the collection system.
USER CHARGE
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.
USER CLASS
A group of users having similar wastewater flows and characteristics,
levels of BOD, suspended solids, etc.
WASTE
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.
WASTEWATER
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.
WASTEWATER TREATMENT FACILITIES
Any Village-owned facility, devices and structures used for
receiving and treating wastewater from the Village collection system.
WASTEWATER WORKS
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
WPDES PERMIT
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283,
Wis. Stats.
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.
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.
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.
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.
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.