[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 5, Ch. 2, of the 1981 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- APPROVING AUTHORITY
- The City Council or its duly authorized agent or representative shall have jurisdiction over the use and operation of the wastewater treatment plant, the municipal sanitary sewer system discharging into the wastewater treatment plant, and the municipal separate storm sewer system.
- BOD (denoting "biochemical oxygen demand")
- The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in standard methods.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal (also called the "house connection"). The building sewer begins immediately outside of the foundation wall of any building or structure being served and ends at its connection to the public sewer.
- CATEGORY A
- Those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of BOD no greater than 160 mg/l, suspended solids no greater than 200 mg/l, and phosphorus no greater than seven mg/l.
- CATEGORY B
- Those sanitary sewer users who discharge wastewater with concentrations in excess of 160 mg/l of BOD, 200 mg/l suspended solids, and seven mg/l of phosphorus. Users whose wastewater exceeds the concentration for any one of these parameters shall be Category B.
- CHLORINE REQUIREMENT
- The amount of chlorine, in mg/l, which must be added to sewage to produce a residual chlorine as specified in the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.
- COMBINED SEWER
- A sewer intended to receive both wastewater and stormwater or surface water.
- COMBINED SEWERAGE
- A combination of both wastewater and stormwater or surface water.
- COMPATIBLE POLLUTANTS
- BOD, suspended solids, phosphorus, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the municipality's WPDES permit for its wastewater treatment facility, provided that such facility is designed to treat such additional pollutants and, in fact, does remove such pollutants to a substantial degree.
- An annual operating cost reflecting capital consumption and obsolescence (reduction or future service potential) of the treatment works.
- An acquired legal right for the specified use of land owned by others.
- FECAL COLIFORM
- Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewerage and/or stormwater is an indicator of pollution.
- FLOATABLE OIL
- Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
- GROUND GARBAGE
- The residue from the preparation, cooking, dispensing, handling, storage, and sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
- INCOMPATIBLE POLLUTANTS
- Wastewater with pollutants that will adversely affect the wastewater treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater treatment facilities.
- INDUSTRIAL COST RECOVERY
- The recovery by the City from the industrial users of the
treatment works of the amount of federal grant money used for the
purpose of constructing wastewater facilities allocable to the transportation
and treatment of waste from such users.[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
- INDUSTRIAL WASTES
- Any solid, liquid, or gaseous substance discharged or escaping from any industrial, manufacturing, or commercial establishment. Such term includes any wastewater which is not sanitary sewage.
- The water entering a sewer system, including building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
- The total quantity of water from both infiltration and inflow, without distinguishing the source.
- The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.
- The City of Two Rivers.
- NATURAL OUTLET
- Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
- Kjeldahl nitrogen which is the sum of organic nitrogen and ammonia nitrogen.
- NORMAL DOMESTIC STRENGTH WASTEWATER
- Wastewater with concentrations of BOD no greater than 160 mg/l, suspended solids no greater than 200 mg/l, and phosphorus no greater than seven mg/l.
- OPERATION AND MAINTENANCE COSTS
- Includes all costs associated with the operation and maintenance of the wastewater treatment facilities, including administration and replacement costs, all as determined from time to time by the municipality.
- PARTS PER MILLION
- A weight-to-weight ratio, the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
- Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10(-7).
- Total phosphorus and is expressed in mg/l of P (phosphorus).
- The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
- PRIVATE SEWER
- A sanitary sewer lateral, storm sewer lateral, or other private sewer that connects a building or parcel to the public sewer, including all portions of a lateral or other private sewer located within a public street right-of-way or public sewer easement.
- A. Any publicly owned sewer, storm drain, sanitary sewer, or combined sewer and shall consist of the following increments:
- B. The public sewer does not include any portion of a lateral or other private sewer that conveys stormwater or wastewater from individual point source discharges.
- REPLACEMENT COSTS
- Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs include replacement costs.
- SANITARY SEWAGE
- A combination of liquid and water-carried wastes discharged from residences, commercial buildings, industrial plants and institutions, including polluted cooling water.
- SANITARY SEWER
- A sewer that carries sewage or wastewater.
- The spent water of a person or community. The preferred term is "wastewater."
- A pipe or conduit that carries wastewater or drainage water.
- SEWER SERVICE CHARGE
- A charge levied on users of the wastewater treatment facilities for payment of operation and maintenance expenses, debt service costs, and other expenses or obligations of said facilities.
- Means it is mandatory; "may" means it is permissible.
- Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation, and/or adversely affects the collection system and/or performance of the wastewater treatment facility.
- STANDARD METHODS
- The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
- STORM SEWER OR DRAIN
- A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
- SUSPENDED SOLIDS
- Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, and referred to as "nonfilterable residue."
- TOTAL SOLIDS
- The sum of suspended and dissolved solids.
- TOXIC AMOUNT
- Concentrations of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects, such as cancer, genetic mutations and physiological manifestations as specified and defined by standards issued by the United States Environmental Protection Agency and/or the Wisconsin Department of Natural Resources and/or other governmental agencies.
- UNPOLLUTED WATER
- Water quality equal to or better than the effluent of the wastewater treatment facilities or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities.
- The spent water of a community or person. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
- WASTEWATER COLLECTION FACILITIES or WASTEWATER COLLECTION SYSTEM
- The structures and equipment required to collect and carry wastewater.
- WASTEWATER TREATMENT FACILITY
- An arrangement of devices and structures for treating wastewater and sludge. Also referred to as "wastewater treatment plant."
- All facilities for water supply, filtration plant, storage reservoirs, waterlines and services and booster stations for obtaining, treating and distributing potable water.
- A natural or artificial channel for the passage of water either continuously or intermittently.
- WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
- A document issued by the State of Wisconsin which establishes performance standards, effluent limitations and monitoring requirements for the municipal stormwater system or municipal wastewater treatment facility.
Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.
Storm sewers. Stormwater and all other unpolluted water shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process water may be discharged, on approval of the approving authority and other regulatory agencies, to a storm sewer, combined sewer, or natural outlet.
Prohibited actions. No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the authority any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and WPDES permit.
No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the WPDES permit.
No person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater, except septic tanks may be constructed and maintained where public sewer is not available as determined by the approving authority. All septic tanks shall conform to all applicable federal, state, county and local codes, rules and requirements.
Prohibitions and limitations. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, that could injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment facility.
Any waters or wastes having a pH lower than 5.0 or in excess of 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater treatment facilities.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
The following described substances, materials, waters or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process, or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger lives, limbs, public property, or constitute a nuisance. The approving authority may set limitations more stringent than those established below if such more stringent limitations are necessary to meet the above objectives. The approving authority will give consideration to the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sanitary sewers, the wastewater treatment facility, and other pertinent factors. Wastes or wastewater discharged to the sanitary sewers shall not exceed the following limitations:
Wastewater having a temperature higher than 150° F. (65° C.).
Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.
Wastewater from industrial plants containing floatable oils, fat, or grease.
Any unground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
Any waters or wastes containing iron, chromium, copper, zinc, and other toxic and nonconventional pollutants to such degree that the concentration exceeds levels specified by federal, state, and local authorities.
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority or limits established by any federal or state statute, rule, or regulation.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state or federal regulations.
Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
Materials which exert or cause:
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
Incompatible pollutants in excess of the allowed limits as determined by local, state and federal laws and regulations in reference to pretreatment standards developed by the Environmental Protection Agency, 40 CFR Part 403, as amended from time to time.
Wisconsin pollutant discharge elimination system (WPDES) permit. No person shall cause or permit a discharge into the sanitary sewers or storm sewers that would cause a violation of the municipality's WPDES permits and any modifications thereof.
Special arrangements. No statement contained in this chapter shall be construed as prohibiting any special agreement between the approving authority and any person whereby a waste of unusual strength or character may be admitted to the wastewater treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the approving authority without recompense by the person, and further provided that all rates and provisions set forth in this chapter are recognized and adhered to.
New connections. New connections to the approving authority's public sewer system will be allowed only if there is available capacity in all of the downstream public sewers, stormwater facilities, and wastewater treatment facilities.
Submission of basic data. The approving authority may require each person who discharges or seeks to discharge industrial wastes to a public sewer to prepare and file with the approving authority, at such times as it determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater treatment facilities. In the case of a new connection, the approving authority may require that this report be prepared prior to making the connection to the public sewers.
Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 5-2-2, and which in the judgment of the approving authority have a deleterious effect upon the wastewater treatment facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the approving authority may:
Reject the wastes;
Require pretreatment to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharge; and/or
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.
Each person discharging industrial wastes into a public sewer shall, at the discretion of the approving authority, construct and maintain one or more control manholes or access points to facilitate observation, measurement, and sampling of wastes, including sanitary sewage.
Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. If measuring and/or sampling devices are to be permanently installed, they shall be of a type acceptable to the approving authority.
Control manholes, access facilities, and related equipment shall be installed by the person discharging the waste, at his expense, and shall be maintained by him so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the approving authority prior to the beginning of construction.
Measurement of flow. The volume of flow used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Water Department or Utility except as noted in § 5-2-3E, Metering of waste.
Metering of waste. Devices for measuring the volume of waste discharged may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person discharging the wastewater. Following approval and installation, such meters may not be removed without the consent of the approving authority.
Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the industry as often as may be deemed necessary by the approving authority.
Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority.
Installation, operation, and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the approving authority. Access to sampling locations shall be granted to the approving authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
Persons discharging industrial wastes into any public sewer may be required to pretreat such wastes, if the approving authority determines pretreatment is necessary to protect the wastewater treatment facilities or prevent the discharge of incompatible pollutants.
In that event, such person shall provide, at his expense, such pretreatment or processing facilities as may be determined necessary to render wastes acceptable for admission to the sanitary sewers.
Grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in amounts in excess of those specified in this chapter, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Disposal of the collected materials performed by owner's(s') personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources (DNR) rules and regulations.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods" and with the federal regulations of 40 CFR Part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants, as amended from time to time. Sampling methods, location, time, durations, and frequencies are to be determined on an individual basis subject to approval by the approving authority.
Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or the person's agent, as designated and required by the approving authority. The approving authority may also make its own analyses on the wastes, and these determinations shall be binding as a basis for sewer service charges.
Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or grease and/or sand interceptor facilities shall be submitted for review and approval of the approving authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers. No construction of such facilities shall commence until said approval has been granted.
Sewer users served by water utility water meters. There is hereby levied and assessed upon each lot, parcel of land, building, or premises having a connection with the wastewater collection system and being served with water solely by the Water Utility a sewer service charge based, in part, on the quantity of water used, as measured by the Water Utility water meter used upon the premises.
Sewer users served by private wells.
If any person discharging wastewater into the public sanitary sewers procures any part or all of his water from sources other than the Water Utility, all or part of which is discharged into the sanitary sewers, the person shall have water meters installed by the Water Utility at the person's expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are already installed, new water meters will not be required. The water meters shall be furnished by the Water Utility and installed under its supervision, all costs being at the expense of the person requiring the meter.
The Water Utility will charge for each meter a rental charge set by the Water Utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed.
Deduct meters. If a user feels that a significant amount of metered water does not reach the sanitary sewer, a customer may avail himself of one of the following options:
He may request the approving authority to have such additional meters or metered services installed as are necessary to calculate the volume of water not discharged to the sanitary sewer (i.e., a "deduct" meter), or he may request the approving authority to have a meter installed to measure the actual amount of sewage discharged to the sanitary sewer (i.e., a "sewage" meter). Requests for a second meter or metered services must be made, in writing, to the approving authority. In the event the approving authority agrees to such installations, the customer shall be charged all costs attendant thereto, including, but not limited to, a meter yoke for each meter (to be installed by a licensed plumber); meter rental (the meter will be owned by the customer and subject to access and inspection by the City personnel at all times) in an amount set annually by the approving authority; remote reading device(s) if necessary; and labor and miscellaneous parts and supplies. No provision shall be made, nor shall any means be taken, to route water from any deduct meter to the customer's general distribution system. In addition to the general penalties set forth in § 5-2-9, any violation of this chapter will result in nullification of the deduct readings and removal of the deduct meter.
In the event it is physically impractical or impossible to install metering equipment, he may request the approving authority to take such means as it deems necessary to formulate an estimate of the amount of water not being discharged into the sanitary sewerage system or, conversely, the amount of actual sewage discharged thereto.
Sewer service charge unit costs. This unit cost for the sewer service charge is as follows:
[Amended 9-17-2018; 2-4-2019; 12-2-2019
Category A sewer service charge.
[Amended 9-17-2018; 2-4-2019; 12-2-2019]
Residential customers will be billed the sewer service charge for their actual water usage during the November through March period, and the monthly average from the November through March period will be the maximum sewer billing for the period of April through October.
Category B sewer service charge.
[Amended 9-17-2018; 2-4-2019; 12-2-2019]
The sewer service charge for Category B sewer users is as follows:
The Category B sewer service charge shall be computed in accordance with the formula presented below:
Reassignment of sewer users. The approving authority will reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs or other related information indicate a change of categories is necessary.
Operation, maintenance, replacement fund accounts, and debt service.
All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in § 5-2-1.
All sewer service charge revenues collected for other operation and maintenance expenses and debt services shall also be deposited in a separate and distinct fund.
All revenues for the replacement fund and for operation and maintenance of the wastewater treatment facilities shall be used solely for the replacement fund and operation and maintenance of the wastewater treatment facilities.
Disposal of septic tank sludge and holding tank sewage.
No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewer unless a permit for disposal has been first obtained from the approving authority. Written application for this permit shall be made to the approving authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model, and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee of $50 per calendar year. The time and place of disposal will be designated by the approving authority. The approving authority may impose such conditions as it deems necessary on any permit granted.
Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than $100,000 to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.
All materials disposed of into the treatment system shall be of domestic origin or compatible pollutants only, and the person(s) agrees that they will comply with the provisions of any and all applicable ordinances of the municipality and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids, or other deleterious substances into the public sewers, nor allow any earth, sand, or other solid material to pass into any part of the wastewater treatment facilities.
The person(s) disposing wastes agrees to indemnify and hold harmless the municipality from any and all liability and claims for damages arising out of or resulting from work and labor performed.
Charge for toxic pollutants. Any person discharging toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the municipality's wastewater treatment facility shall pay for such increased costs as may be determined by the approving authority.
Calculation of sewer service charges. Sewer service charges shall be computed according to the rates and formula presented in this chapter.
Sewer service charge billing period. Sewer service charges shall be billed by the approving authority to the sewer users on a monthly basis.
Payment of sewer service charges. Those persons billed by the approving authority for the sewer service charges shall pay such charges within 20 days after the billing date at the City Hall.
Late payment. A charge of not more than 1.5% per month will be added to bills not paid within 20 days from date of issuance. This late payment charge shall be applied to the total unpaid balance for utility service, including unpaid late payment charges. This charge is applicable to all customers.
Such sewer service charges levied by the municipality against the sewer users in accordance with this chapter shall be a debt due to the municipality and shall be a lien upon the property. If this debt is not paid within 30 days after it shall be due, it may be deemed delinquent and may be placed, together with such penalties as provided by statute, on the next year's tax roll and be collected as other taxes are collected.
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
Right of entry. The approving authority or other duly authorized agent of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, televising or testing, all in accordance with the provisions in this chapter.
Safety. While performing the necessary work on private premises, the approving authority or duly authorized agent of the City shall observe all safety rules applicable to the premises established by the owner or the occupant.
Identification; right to enter easements. The approving authority or duly authorized agent of the City, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of such easement.
Work authorized. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb sewer or its appurtenances thereof without first obtaining a written permit from the approving authority.
Cost of sewer connection. All costs and expenses incident to the installation and connection of a lateral or other private sewer to the public sewer shall be borne by the property owner, except to the extent a City policy may provide an exception to a portion of the costs. The original installation of a public sewer, lateral, or other private sewer is paid for by special assessment if work is completed by contractors hired by the City. Reconstruction of a public sewer main is paid for by the City. Repairs and reconstruction of a lateral or other private sewer are paid for by the property owner. Installation of a new lateral or other private sewer to an existing public sewer is paid for by the property owner.
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the approving authority, to meet all requirements for this chapter.
Materials and methods of construction. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the City's building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM, WPCF Manual of Practice No. 9 and Standard Specifications for Sewer and Water Construction in Wisconsin (current edition) shall apply.
Building sewer grade, sanitary. Whenever possible, the building sewer for sanitary service shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
Backwater valves, sanitary. Backwater valves are required for all sanitary sewer laterals that are being installed or replaced. Retrofit of a backwater valve is only required for a building subject to backflow or backwater. The location of the backwater valve must be approved by the approving authority and shall be accessible to the property owner for maintaining, repairing, and replacing. Exemptions to this requirement may be granted by the City upon written request of the property owner.
Laterals and private sewers, sanitary.
Owner maintenance required. The property owner is responsible for operating, maintaining, repairing, and replacing their sanitary lateral or other private sewer for the purpose of conveying wastewater, preventing inflow and infiltration, and protecting public health, safety and welfare. The owner is responsible for lateral and other private sewer costs, from the public sewer connection into the building, except to the extent the City may provide an exception to a portion of the costs.
Inspection required. The City shall inspect existing sanitary laterals as part of a public sanitary sewer maintenance, repair or reconstruction project or at other times deemed appropriate by the City, including at the time of water service repair or replacement at any property.
Notification of defect. If the City identifies a defect or condition that interferes with sanitary lateral or sewer operation, the City shall send the property owner notification of the defect or condition, including a statement that the lateral or other private sewer must be repaired or replaced, or the condition corrected, not later than 90 days after the date of notice, or within such longer time deemed reasonable by the City.
Owner to correct defect. The property owner is responsible for correcting defective sanitary laterals and other private sewers. Work shall be completed in strict conformance with applicable codes and in a manner that corrects the deficiencies. The property owner may elect to make the repair, hire a licensed contractor or, if available, have City contractors correct the deficiencies. As part of a public sanitary sewer reconstruction project, the City agrees to obtain bid prices to replace sanitary laterals and other private sewers.
Lateral or private sewer fees. The following fees are hereby created and imposed, each fee billed and payable in monthly installments with regular monthly billing for utility services:
Televising refusal fee. A $50 monthly fee is hereby imposed for connection of a lateral or other private sewer to the sanitary sewerage system serving City rate payers, which owner refuses to consent to televising of the lateral or other private sewer by the City. This fee will be imposed beginning 30 days after a request has been made by the City for permission to televise the lateral or other private sewer. This fee will continue until the owner consents to televising by the City.
Failure to correct fee. A $50 monthly fee is also hereby imposed for connection of a lateral or other private sewer to the sanitary sewerage system, serving City rate payers, which owner fails to take corrective action upon request by the City to repair the sewer lateral leaking freshwater into the sewerage system. This fee will be imposed beginning 30 days following notice by the City to the owner that corrective action is required and has not been completed on schedule. This fee will continue until corrective action is completed by owner.
Fee exemptions. The following are the exemptions and procedures from lateral fees:
Televising exemption. Upon request by the City to televise a lateral or other private sewer connected to the sanitary sewer system in the City, the owner may grant consent to televise the lateral by signing a consent form provided by the City. Upon receipt of such signed consent form, the City is authorized to access the lateral or other private sewer and adjacent property for purposes of televising the lateral. Owners complying with this section are exempt from the televising refusal fee.
Corrective fee exemption. Each owner that repairs the private sewer lateral determined by the City to be leaking freshwater into the sanitary sewerage system shall be exempt from the failure to correct fee beginning at such time that verification of corrective action has been provided by the owner to the City.
Laterals and private sewers, storm.
Owner maintenance required. The property owner is responsible for operating, maintaining, repairing, and replacing their storm lateral and other private sewer for the purpose of conveying groundwater or stormwater and protecting public health, safety and welfare. The owner is responsible for lateral and other private sewer costs, from the public sewer connection into the building, except to the extent the City may provide an exception to a portion of the costs.
Inspection required. The City shall inspect existing sanitary laterals as part of a public sanitary sewer maintenance, repair or reconstruction project or at other times deemed appropriate by the City, including at the time of water service repair or replacement at any property.
Notification of defect. If the City identifies a defect or condition that interferes with storm lateral or sewer operation, the City shall send the property owner notification of the defect or condition, including a statement that the lateral or other private sewer must be repaired or replaced, or the condition corrected, not later than 90 days after the date of notice or within such longer time deemed reasonable by the City.
Owner to correct defect. The property owner is responsible for corrective defective storm laterals and other private sewers. Work shall be completed in strict conformance with applicable codes and in a manner that corrects the deficiencies. The property owner may elect to make the repair, hire a licensed contractor or, if available, have City contractors correct the deficiencies.
Stormwater and groundwater drains.
No person shall allow or make connection of roof downspouts, exterior foundation drains, sump pumps, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer.
All existing downspouts, building sump pump discharges, or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within 30 days of the date of an official written notice from the approving authority.
Sump pump discharge regulated.
Findings. The City Council finds that uncontrolled discharge from sump pumps, including frozen runoff onto public sidewalks and streets and excess runoff from one lot onto another, poses a threat to the public health and safety. The problem is not uniform throughout the City, as it varies with the topography of the area and soil contents.
Discharge into storm sewer required. Where a connection order is issued in accordance with this section, a sump pump shall be connected so as to discharge.
Where system not available. Where no mini storm sewer or storm sewer system is available or is not adequate to receive the anticipated flow, the sump pump discharge shall drain on the premises, not onto the sidewalk, street or curbing.
Issuance of connection order. The approving authority shall issue a written order that a property drain its sump pump discharge into a mini storm sewer or storm sewer if adjacent to the parcel.
Inspection. Connections to the storm sewer must be inspected by the City.
Connection order; extensions. A connection order may be served, in person or by first-class mail, upon either the owner of the property or its occupant. The order shall provide that, unless an appeal from the order is timely filed, connection to the storm sewer shall be made within 90 days after its issuance. Upon reasonable written request made by the owner, time extensions may be granted for ordered connections at the discretion of the approving authority.
Failure to connect fees. The following fees are hereby created and imposed, each fee billed and payable in monthly installments with regular monthly billing for utility services:
Failure to connect fee. A $50 monthly fee is hereby imposed for failure of the property owner to connect their sump pump to the mini storm or storm sewer upon request by the City. This fee will be imposed beginning 30 days following notice by the City to the owner that connection is required and has not been completed on schedule. This fee will continue until connection by the owner.
Fee exemption. The following are the exemptions and procedures from lateral fees:
Connection fee exemption. Each property owner that connects their sump pump to the mini storm or storm sewer upon request by the City shall be exempt from the failure to connect fee beginning at such time that verification of connection has been provided by the owner to the City.
Mini storm sewers/storm sewer laterals.
A mini storm sewer shall consist of a six-inch to twelve-inch diameter pipe located underground and within the street right-of-way or permanent easement for sump pump connections.
A storm sewer lateral shall consist of a minimum four-inch diameter pipe constructed to connect directly to the mini storm sewer or storm sewer main by the use of an in-line wye. The lateral shall serve a single building.
The sump pump discharge shall be connected at the building and extend underground to the mini storm sewer/storm sewer lateral connection provided at the property line. The cost of a mini storm sewer/storm sewer lateral project shall be special assessed to the property owners. No downspouts shall be connected to a storm sewer lateral, except with permission of the approving authority for hazard mitigation and it shall be limited to one downspout. No downspouts shall be connected to a mini storm sewer.
Conformance to plumbing codes. The connection of the building sewer into the sanitary sewer or storm sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the municipality or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such sanitary sewer connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.
Inspection connection. The person making a connection to a public sewer shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the approving authority.
Barricades; restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the approving authority.
Public nuisance. The violation of any provision of §§ 5-2-1 through 5-2-4, inclusive, or § 5-2-5G or § 5-2-7 or § 5-2-8, hereof, shall constitute a public nuisance as that term is defined in the Municipal Code.
Abatement of nuisance, no immediate danger. If it is determined that public nuisance has been created, or is being maintained, by violation of this chapter (as set forth herein above), but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, with the period of time stated in said notice, abate the nuisance and permanently cease all violations.
Abatement of nuisance, immediate danger. If it determined that a public nuisance caused by the violation of this chapter exists and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the City Manager, City Engineer, and/or the Chief of Police may cause the same to immediately be abated and charge the cost thereof to the owner, occupant, or person causing, permitting or maintaining the nuisance, as the case may be. If notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater treatment facility and/or receiving body of water shall, in addition to a fine, pay an amount to cover any damages, both values to be established by the approving authority.
Penalty for violation. Any person who violates any provisions of this chapter shall be subject to a penalty as provided in Chapter 1-1, Article II, of the City's Code, which chapter is, by this reference, made a part hereof as if fully set forth herein.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
Liability to municipality for losses. Any person violating any provisions of this chapter shall, in addition to any penalty or fine which may be assessed against him, become liable to the municipality for any expense, loss, or damage occasioned by reason of such violation which the municipality may suffer as a result thereof.
Any user, permit applicant, or permit holder affected by any decision, action or determination, including cease and desist orders, made by the approving authority interpreting or implementing the provisions of this chapter or in any permit issued herein may file with the approving authority a written request for reconsideration within 10 days of the date of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The approving authority shall render a decision on the request for reconsideration to the user, permit applicant, or permit holder, in writing, within 15 days of receipt of request. If the ruling on the request for reconsideration made by the approving authority is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the City Council and the City of Two Rivers.
A fee of $50 shall accompany any appeal to the City Council for its ruling. This fee may be refunded if the appeal is sustained in favor of the appellant.
The written appeal shall be heard by the City Council within 30 days from the date of filing. The City Council shall make a final ruling on the appeal within 10 days from the date of the hearing.
Superseding previous ordinances. This chapter governing sewer use, industrial wastewater discharges, sewer service charges, and sewer connections and construction shall supersede all previous ordinances of the municipality.
Invalidation clause. Invalidity of any section, clause, sentence, or provision in the chapter shall not affect the validity of any other section, clause, sentence, or provision of this chapter which can be given effect without such invalid part or parts.
Amendment. The municipality, through its duly authorized officers, reserves the right to amend this chapter in part or in whole whenever it may deem necessary.
Biennial audit. The municipality shall review, at least every two years, the wastewater contribution to its sewer users, the operation and maintenance expenses of the wastewater treatment facilities, and the sewer service charge system. Based on this review, the municipality shall revise the sewer service charge system, if necessary, to accomplish the following:
Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users;
Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater treatment facilities; and
Apply excess revenues collected from a class of users to the operations and maintenance expenses attributable to that class of users for the next year and adjust the sewer service charge rates accordingly.
Annual notification. The municipality shall notify its sewer users annually about the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses, and debt service costs of the wastewater treatment facilities. The notification shall occur in conjunction with a regular bill.
Records. The municipality shall maintain records regarding wastewater flows and loadings, costs of the wastewater treatment facilities, sampling programs, and other information which is necessary to document compliance with 2 CFR Part 1500 of the Clean Water Act.