[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as indicated in article histories. Amendments noted where
applicable.]
[Adopted as §§ 13.10 to 13.27 of the 2011
Code]
The Village Board does hereby declare that the sewer system
of the Village, consisting of the collection system, waste collection
and disposal operations, system of sewerage and all other appurtenances
and equipment used for such purposes or wastewater works shall be
designated the "Village of Williams Bay Sewer Department" (hereinafter
referred to as "Department") as of the date of this article.
A.
The operation, management and control of the Department is hereby
vested in the Village Board and is hereinafter referred to as the
"Board" or the "Approving Authority." All records of the Department
shall be kept by the Village Treasurer and the Director of Public
Works.
B.
The rules, regulations and rates hereinafter set forth shall be considered
part of the contract with every individual or entity connected to
the sewer system. The rules, regulations and rates may be changed
from time to time as determined by the Village Board and the right
is reserved to make special rates and contracts in all proper cases.
C.
The Village Board shall cause an annual audit of the books of the
Department made and shall make the books and records relating to the
Department available for inspection during regular business hours.
The application of this article, its rules, regulations and
rates shall apply to all individuals, firms, corporations and institutions
residing within the corporate limits of the Village and any person,
firm or corporation by attachment to the sewer system or otherwise
by contract or agreement coming within the Village sewer service area
subsequent to the effective date hereof.
The meaning of terms used in this article shall be as follows:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as amended by the Federal Water Pollution Control Act Amendments
of 1972 (Pub. L. 92-500) and Pub. L. 93-243 or modified by Ch. 283,
Wis. Stats., or appropriate section of the Wisconsin Administrative
Code adopted pursuant to Ch. 283, Wis. Stats.
The Village Board or its duly authorized deputy, agent or
representative.
The quantity of oxygen expressed in milligrams per liter
(mg/l) utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five days at a temperature of 20°
C. The laboratory determinations shall be made in accordance with
procedures set forth in "Standard Methods."
A sewer which carries only sewage and industrial wastes from
the building plumbing to the public sanitary sewer.
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
All annual principal and interest requirements and obligations
of the Village for the wastewater works.
The Village Sewer Department established by this article.
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 200 mg/l and the BOD is established at or below 250 mg/l.
A sample consisting of portions of waste taken in proportion
to the volume of flow of such wastes.
Recovery by the grantee (Department) from the industrial
users of a wastewater works of the grant amount allowable to the treatment
of wastes from such users pursuant to § 204(b) of the Federal
Act.
Any nongovernmental, nonresidential user of publicly owned wastewater
works which discharges more than the equivalent of 2,000 gallons per
day (GPD) of sanitary wastes and whose activities are identified in
the Standard Industrial Classification Manual, 1972, Office of Management
and Budget, as amended and supplemented, under the following divisions:
In determining the amount of a user's discharge for purposes
of industrial cost recovery, the Village 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 2,000 GPD or the weight of biochemical oxygen demand (BOD)
or suspended solids (SS) equivalent to that weight found in 2,000
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
wastewater works which discharges wastewater to the wastewater works
which contains toxic pollutants or poisonous solids, liquids or gases
in sufficient quantity, either singly 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; creates
any hazard in or has an adverse effect on the waters receiving any
discharge from the treatment works, shall be an industrial user, even
if it does not discharge the equivalent of 2,000 gallons per day of
sanitary wastes.
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.
A sewer constructed to receive the dry water flow or untreated
or inadequately treated sewage from one or more existing sanitary
sewer system terminals other than from a dwelling or building that
presently discharges or formerly discharged flow directly into any
waters of the state and convey the flow to a treatment works or is
to serve in lieu of an existing or proposed treatment works.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
Sanitary sewage in which BOD, suspended solids or phosphorus
concentrations do not exceed normal concentrations of:
The actual sums spent by the Department in the operation
and maintenance of its wastewater works consisting of, but not limited
to, each and all of the following purposes:
Wages, salaries and employee related expenses of operating,
maintenance, clerical, laboratory and supervisory personnel, together
with fringe benefits and premiums paid on such wages and salaries
for the state workers' compensation coverage.
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 the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Any and all persons, natural or artificial, including any
individual, firm, company, municipal or private corporation, association,
governmental agency or other entity and agents, servants or employees.
The logarithm (base 10) of the reciprocal of the hydrogen-ion
concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in "Standard Methods."
A sewer in which all owners or abutting properties have equal
rights and is controlled or owned by public authority.
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 charge levied on users for debt retirement. The charge
shall be based on the total debt retirement divided by the number
of existing residential equivalent connections (RECs).
Shall be derived by dividing the total amount of sewage contributed
to the system by the total number of residential equivalency units,
hereinafter referred to as "RECs" defined as follows:
|
Water Meter Size
(inches)
|
Number of RECs
|
|---|---|
|
5/8
|
1.0
|
|
3/4
|
1.0
|
|
1
|
2.5
|
|
1 1/4
|
3.5
|
|
1 1/2
|
5.0
|
|
2
|
8.0
|
|
3
|
16.0
|
|
4
|
25.0
|
|
6
|
50.0
|
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 is not intentionally passed.
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
A charge levied on users for operation, maintenance and replacement
costs based on a cost per 1,000
gallons of flow.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during normal operation and shall adversely
affect the collection system and/or performance of the wastewater
treatment works.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A sewer which carries storm and surface drainage, but excludes
domestic wastewater and industrial wastes.
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 of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
Any person discharging domestic wastewater or industrial
wastes into the collection system.
Any solid, 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 ground surface and
stormwater as may be present.
A pumping facility utilized to pump wastewater within the
collection system.
Any Department-owned facility, devices and structures used
for receiving and treating wastewater from the Department collection
system.
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES), pursuant to Ch. 283,
Wis. Stats.
A.
Declaration of policy. The Village Board finds and declares that
the public health, comfort and safety is preserved and enhanced by
the provisions of the sewer system in the promotion of a clean and
healthful environment and that the failure to connect to the sewer
system is contrary to minimum health standards.
B.
Connections.
(1)
To assure preservation of public health, comfort and safety, the
owner of any houses, buildings or properties used for human occupancy,
employment, recreation or other habitations situated within the Village
and adjacent to a public sewer or in a block through which a public
sewer extends is hereby required at his expense to install suitable
toilet facilities therein and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this article within nine months after the public sewer first becomes
operational or if an immediate health hazard exists within 30 days
upon receipt of notice from the Plumbing Inspector.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
If a person fails to comply with the notice to connect within the
given period of time, the Department may, at its option:
(a)
Cause such connection to be made and bill the property owner
for such costs. If such costs are not paid within 30 days, such costs
shall be assessed as a special tax lien against the property, unless
the owner, within 30 days after the completion of the work, files
a written option with the Village Clerk stating that he cannot pay
such amount in one sum and asking that it be levied in not to exceed
five equal annual installments and the amount shall be so collected
with interest at the rate of 10% per annum from the completion of
the work, the unpaid balance to be a special tax lien; or
(b)
Impose a standby charge for the period that such failure continues
after 10 days' written notice to any owner failing to make a connection
to the sewer system for an amount equal to 150% of the residential
equivalency charge payable monthly for the period in which the failure
to connect continues and, upon failure to make such payment, the charge
shall be levied as a tax against the lot or parcel to which sewerage
service was furnished.
C.
Alternative disposal prohibited.
(1)
No person shall construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended to be used for the disposal
of domestic wastewater if a public sewer is available.
(2)
No person shall discharge to any natural outlet within the Village
in any area under the jurisdiction of the Village sewage or other
polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this article.
D.
Plumbers. No plumber, pipe fitter or other person will be permitted
to do any plumbing or pipe fitting work in connection with the wastewater
works without first receiving a license from the state.
E.
Maintenance of services. All street mains shall be maintained and
repaired by the Department without expense to the property owner,
except when they are damaged as a result of negligence or carelessness
on the part of the property owner or occupant, they will be repaired
at the expense of the property owner. All building sewers from the
point of connection to the street main and all facilities throughout
the premises served shall be maintained free of defective conditions
at the expense of the owner or occupant of the property served.
F.
Users.
(1)
Application for service.
(a)
Every person requesting connection to the sewer system shall
file an application in writing to the Building Inspector in such form
as is prescribed for that purpose. If any change in use from that
in the application is contemplated, the user shall obtain further
application and permission from the Department. If the applicant is
not the owner of the premises, the owner's written consent shall accompany
the application. If the service pipe from the street main to the premises
to be served traverses a lot or otherwise legally described parcel
of property other than the lot or otherwise legally described parcel
of property on which the premises to be served is or will be located,
there shall be obtained from the owner of the lot or otherwise legally
described parcel of property across which the service pipe from the
street main to the premises to be served is to traverse, an easement
at least 20 feet wide for the purpose of maintaining such service
pipe. The easement shall be granted to the property to be served by
the service pipe and shall run with the land. This provision shall
apply irrespective of ownership of the parcels of property.
(b)
The application may be for service to more than one building
or more than one unit of service through one service connection and
charges shall be made accordingly.
(c)
If it appears the service applied for will not provide adequate
service for the contemplated use, the Department may reject the application.
If the Department approves the application, it shall issue a permit
for services as shown on the application.
(d)
All expenses relating to the connection to the wastewater works
shall be paid by the applicant or owner.
(2)
Tap permits. After sewer connections have been introduced into any
building or upon any premises, no plumber shall make any alterations,
extensions or attachments, unless the party ordering such tapping
or other work shall obtain and exhibit the proper permit from the
Department.
(3)
User to keep in repair. All users shall keep their own service pipes
in good repair and protected from frost at their own risk and expense
and shall prevent any unnecessary overburdening of the sewer system.
The user is responsible for their service pipe from the point of connection
to the street main through their premises. The point of connection
to the street main for which the user is responsible includes the
saddle or tee connection which joins the service pipe to the street
main.
(4)
User use only. No user shall allow other persons to connect to or
permit other uses to be made of the sewer system through his lateral.
(5)
User to permit inspection. Every user shall permit the Department
or its agent at all reasonable hours to enter the premises or building
to examine the pipes and fixtures and the manner in which the drains
and sewer connections operate and they must at all times frankly and
without concealment answer all questions put relative to its use.
(6)
Responsibility.
(a)
No claim shall be made against the Department, its agents or employees
by reason of breaking, clogging, stoppage or freezing of any service
pipe nor from any damage arising from repairing mains, making connections
or extensions or any other work that may be deemed necessary by the
Utility, absent gross negligence of the Department, its agents or
employees.
(b)
The Village may cut off the service at any time for repairs or any
other necessary purpose, any permit granted or regulation to the contrary
notwithstanding. Whenever it becomes necessary to shut off the sewer
service within an area of the Village, the Department shall, if practicable,
give notice to each affected user.
G.
Excavations. Excavation requirements shall be as specified and required in Chapter 314, Streets and Sidewalks, of this Municipal Code.
H.
Laterals.
(1)
All laterals on private property will be installed in accordance
with the Wisconsin Administrative Code, as from time to time amended.
(2)
The building sewer shall be inspected by the Building Inspector or
his designee upon completion of placement of the pipe and before backfilling
and tested before and after backfilling.
I.
Tapping the mains.
(1)
No persons, except those having special permission from the Department
or persons in their service and approved by them, will be permitted
under any circumstances to tap the public sanitary sewers. The kind
and size of the connection with the public sanitary sewers shall be
that specified in the permit or order from the Department.
(2)
Pipes should always be tapped at the top and not within six inches
(15 centimeters) of the joint or within 24 inches (60 centimeters)
of another lateral connection.
(3)
When any building sewer service is to be re-laid and there are two
or more buildings on such service, each building shall be disconnected
from such service and a new building sewer shall be installed for
each building.
A.
Basis for sewer service charges. The sewer service charge shall be
based on two parts, the residential equivalency charge plus the sewer
use charge.
B.
Residential equivalency charge.
(1)
A residential equivalency charge is hereby imposed upon each lot,
parcel of land, building or premises served by the sewer system or
otherwise discharging sewage, including nondomestic and industrial
wastes, into the system. Such residential equivalency charge shall
be payable as provided in this section and shall be on the basis of
one unit for each residential equivalency unit.
(2)
On or before February 1 of every year, the Village Treasurer shall recompute the assignment of residential equivalency units to all users within the system. The summation of residential equivalency units will then be divided into the yearly budget debt service and depreciation and as provided in § 295-7 to arrive at the charge per residential equivalency unit. The assignment method shall apply only to buildings that are attached to the sanitary collection system.
(3)
Debt service shall include that of the sewer infrastructure owned
by the Village of Williams Bay plus the allocable share of the Walworth
County Metropolitan Sewerage District.
(4)
Depreciation shall include that of the sewer infrastructure owned
by the Village of Williams Bay plus the allocable share of the Walworth
County Metropolitan Sewerage District.
C.
Sewer user charge. A sewer user charge is hereby imposed upon all users of the sewer system based upon operation, maintenance and replacement charges as defined in § 295-4 of this article less those costs defined in § 295-6B. The Village Treasurer shall recompute the sewer user charge annually by dividing the proposed net yearly operation, maintenance and replacement budget as provided in § 295-7 by the estimated annual metered water usage to determine a usage rate per 1,000 metered gallons.
D.
Industrial and commercial charges for other than domestic wastewater.
Charges for wastewater other than domestic wastewater shall be based
on flow, BOD, suspended solids, phosphorus and such other constituents
which affect the cost of collection and treatment. All persons discharging
wastes into the sewer system are subject to a surcharge in addition
to any other wastewater service charge if their wastewater has a concentration
greater than domestic wastewater concentrations. The volume of flow
used for computing waste surcharges shall be the metered water consumption
or the actual volume of waste as determined by an industrial waste
meter installation. The amount of surcharge shall reflect the cost
incurred by the Department in removing BOD, suspended solids, phosphorus
and other pertinent constituents. The surcharge shall be computed
on the basis of Model No. 2 contained on page 5270 of the Federal
Register, Volume 39, No. 29, February 11, 1974.
E.
Reserve capacity assessments. There is hereby levied and assessed
upon each lot or parcel of land currently within the Village, but
not having an existing connection to the sewer system and upon land
subsequently attached to the Village, a reserve capacity assessment
(RCA). Such RCA charge shall be payable as herein provided and shall
be on the basis of one RCA charge for each residential equivalent
connection connected to the sewer system.
(1)
Existing and future connections. For the purpose of this article,
sewer connections in the Village shall be classified as existing connections
or future connections. Existing connections shall be those in existence
and connections for which a sewer connection permit has been issued
and construction started as of the effective date of this article.
Future connections shall be those not in existence as of 11:59 p.m.
on the effective date of this article.
(2)
Schedule of charges. The reserve capacity assessment for a single-family
residence shall be $1,000, which shall also be the unit of charge
for a residential equivalent connection. The Village Engineer shall
determine the residential equivalency units for all other categories
of buildings. Special charges may be determined by the approving authority
for large commercial or industrial user. The RCA charge shall be increased
as required from time to time by the Village Board.
(3)
Payments. There shall be no RCA charge for existing connections.
Payments of the RCA charge for future connections shall be made in
full upon the issuance of a building permit.
F.
Ready-to-serve charge. The owner of each premises to which sewer service has been provided by the Department, but not connected to the sewer system for sewer service, shall pay for the availability thereof a ready-to-serve charge of 100% of the rate provided by Subsection B. Any ready-to-serve charge becoming effective during any year shall be charged on a pro rata basis for that year in which the charge becomes effective.
G.
Special rates. It is understood, however, that the approving authority
may at any time hereafter set special rates for any large commercial
service, industrial use or any other unique user that does not readily
fit into other categories of users.
A.
Annually before December 1, the Village Treasurer shall prepare a
budget for the following fiscal year.
B.
Revenues for the operation and maintenance budget shall include any
projected year-end balance (excluding replacement funds), operating
fund investment income, contract revenues, permit fees, special rates
and sewer user charges.
C.
Expenditures for the operation and maintenance budget shall include all costs defined in § 295-4, in the term "operation and maintenance cost," plus any projected year-end deficit.
D.
Revenues for the debt service budget shall include any projected
year-end balances in the special assessments funds, transfers from
the tax incremental financing fund, projected residential equivalency
charges, sinking fund interest income, reserve capacity assessments
and property taxes.
E.
Expenditures for the debt service budget shall include annual expense
for long-term debt including principal, interest, premiums, paying
agency fees, depreciation expense and other expenses relating to debt.
Any surpluses generated shall be restricted to capital improvements.
F.
Sewer service charges may be billed quarterly and shall be payable
at the Village Treasurer's office or at any other officially designated
location. Statements for such charges and assessments levied and assessed
in accordance with this article shall become due and payable within
20 days from and after the date of the statement. In the event that
any such statement or statements are not paid when due, a penalty
of 3% will be added thereto.
G.
The property owner is held responsible for all sewer bills on premises
that he owns. All sewer bills and notices of any nature relative to
the sewer service will be addressed to the owner and/or occupant and
delivered to the address by first-class mail.
H.
Every reasonable care will be exercised in the proper delivery of
sewer bills. Failure to receive a sewer bill, however, shall not relieve
any person of the responsibility for payment of sewer rates within
the prescribed period, nor exempt any person from any penalty imposed
for delinquency in the payment thereof.
I.
On October 15 of each year, notice shall be given to the owner or
occupant of all lots or parcels of real estate to which service has
been furnished prior to October 1 and payment for which is owing and
in arrears at the time of giving such notice. The Department shall
furnish the Village Treasurer with a list of all such lots or parcels
of real estate and the notice shall be given by the Treasurer.
J.
Such notice shall be in writing and shall state the amount of such
arrears, including any penalty assessed pursuant to the rules of such
Department, that unless the same is paid by within 20 days, a penalty
of 10% of the amount of such arrears will be added thereto and that
unless such arrears and penalty is paid within 20 days, the same will
be levied as a tax against the lot or parcel of real estate to which
service was furnished and for which payment is delinquent as above
specified. The notice may be served by delivery to either the owner
or occupant personally or by letter addressed to the owner or occupant
at the post office address of the lot or parcel of real estate. After
20 days have passed from the date of mailing, the Treasurer issuing
the notice shall certify and file a list of all lots or parcels of
real estate, giving the legal description thereof and the amount of
unpaid arrears and penalty. Each such delinquent amount, including
the penalty, shall thereupon become a lien upon the lot or parcel
of real estate to which the service was furnished and payment for
which is delinquent and the Village Treasurer shall insert the same
as a tax against the lot or parcel of real estate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
K.
All proceedings in relation to the collection of general property
taxes and to the return and sale of property for delinquent taxes
shall apply to such tax if the same is not paid within the time required
by law for payment of taxes upon real estate.
A.
The operation and maintenance fund shall be used for payment of any items defined in § 295-4, in the term "operation and maintenance cost."
B.
The debt service fund shall contain all revenues transferred from
special assessments, tax incremental financing funds, property taxes,
residential equivalency charges, reserve capacity assessments and
other sources intended for debt. This fund shall be used only for
the payment of principal and interest and fees directly related to
debt payment.
C.
The depreciation fund shall be used for the following purposes:
(1)
Cost of the replacement of existing sewer mains.
(2)
Cost of substitution of larger size for existing mains.
(3)
Cost of new primary sewer mains and installation of same in excess
of such charge or cost payable by statutory assessment.
(4)
Cost of road repair required by such construction.
(5)
Cost of contracted engineering service to insure a planned program.
(6)
Renewals or expansion of the sewer system in excess of $5,000.
A.
No person shall discharge or cause to be discharged any stormwater,
groundwater, roof runoff, yard drainage, yard fountain, swimming pool
or pond overflow into the collection system. Unpolluted water or waste
shall be discharged to only storm sewers or to a natural outlet.
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°
F. to 150° F. (0° C. 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 sewer system.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater works 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 fleshings, entrails, paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(5)
Any garbage that has not been properly comminuted or shredded to
such a degree that all particles will be carried freely in suspension
in the municipal sewers (100% passing one-half-inch screen, 90% passing
one-fourth-inch screen).
(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
9.0 or having any corrosive property capable of causing damage or
hazards to the sewer system.
(8)
Any wastes or wastewater of such character and quantity that unusual
attention or expense is required to handle them in the sewer system.
(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 wastewater treatment process, constitute
a hazard to humans or animals, create any hazard in the sewer system
or which would cause the Department wastewater treatment facilities
to discharge any of the following pollutants in quantities in excess
of the limitations established in the Wisconsin Administrative Code
or WPDES permit: cyanide, hexavalent chromium, trivalent chromium,
copper, nickel, cadmium, zinc, phenols, iron and tin.
(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 Director of Public Works,
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 0.5 mg/l by weight as cyanide in
the wastes.
(13)
Wastes or wastewater which:
(a)
Cause unusual concentrations of solids or composition, for example,
in total suspended solids of inert nature (such as Fuller's earth)
and/or in total dissolved solids (such as sodium chloride or sodium
sulfate).
(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 § 295-15.
(e)
Is discharged without application for a wastewater discharge permit or contractual agreement as required under § 295-15.
(f)
Cause damage to the collection system or impair the treatment
process.
C.
No person shall allow the discharge of slugs, water or wastes to
the collection system which may be harmful to the operation of the
sewer system. Where in the opinion of the Director of Public Works
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 insure 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 their WPDES permit.
E.
No person shall connect to and discharge to the collection system,
unless there is capacity in all downstream components of the sewer
system as determined by the Village Engineer.
Any person who accidentally discharges wastes or wastewater prohibited under § 295-9 into the storm sewer shall immediately report such discharge to the Director of Public Works.
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 Department to incur treatment costs exceeding those of
domestic wastewater.
(5)
Cause the wastewater treatment facilities to exceed its total design
loading for volume, BOD, suspended solids or 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 Director of Public Works and Village Engineer 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 certificate of the
proper class 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.
Wastewater flows shall be assigned in accordance with the residential equivalency connection provided in § 295-4, unless:
(1)
On
any lot, parcel of land, building or premises discharging domestic
wastewater or industrial waste into the collection system, the owner
or occupant of such property shall cause to be installed necessary
metering equipment as approved by the Director of Public Works 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 Director of Public Works shall
determine the estimated volume of water discharged into the wastewater
works.
(2)
The
Director of Public Works requires the installation of devices for
metering the volume of waste discharged if those volumes cannot otherwise
be determined or if the user discharges over 2,000 gallons on any
day. The metering devices shall be owned and maintained by the person
and may not be removed without consent of the Director of Public Works.
B.
All persons discharging industrial wastes into the wastewater works
shall construct and maintain control manholes in suitable and accessible
positions on public property or easement to facilitate the observation,
measurement and sampling of all their wastes or wastewater. Control
manholes shall be located and constructed in a manner approved by
the Director of Public Works. Plans shall be submitted to the Director
of Public Works prior to construction.
A.
The Village will collect samples and perform laboratory tests on
industrial waste discharges as necessary to verify quantity of flow
and character and concentration of an industrial waste. The Department
test results 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 § 295-15 or at intervals as determined by the Director of Public Works.
C.
When Ch. NR 101 or NR 102, Wis. Adm. Code, require the submittal
of the character and concentration of wastes, waste volume and production
information to the Department or Wisconsin Department of Natural Resources
(DNR), 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 Director of Public Works.
D.
All measurements and test analysis of the characteristics of industrial
wastes shall be determined in accordance with "Standard Methods."
A.
Wastewater discharge permit.
(1)
A wastewater discharge permit is required under this section if a
person's discharge into the Department wastewater works has any of
the following:
(2)
Any such persons planning to discharge, change the characteristics
of their discharge or whose discharge permit has expired shall make
application to the Director of Public Works within 60 days prior to
the discharge. All persons currently discharging shall make application
to the Director of Public Works within 60 days after passage of this
article and must have an executed permit within 60 days of application
to discharge or discontinue discharging. A discharge permit will be
required for each separate point of discharge into the Department
wastewater works. No person shall discharge waste or wastewater into
the Department wastewater works without a wastewater discharge permit,
if required by this section.
B.
Permit application. Users seeking a wastewater discharge permit shall
complete and file with the Director of Public Works an application
on the form prescribed by the Director of Public Works. In support
of this application, the user shall submit the following information:
(1)
Name, address and standard industrial classification number of applicant.
(2)
Average daily volume of wastewater to be discharged.
(3)
Wastewater constituents and characteristics as determined by a method
approved by the Director of Public Works.
(4)
Time and duration of discharge.
(5)
Average and peak wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
(7)
Description of activities, facilities and plant processes on the
premises, including all materials and types of materials which are
or could be discharged.
(8)
Each product produced by type, amount and rate of production.
(9)
Number and type of employees and hours of work.
(10)
Any other information as may be deemed by the Director of Public
Works to be necessary to evaluate the permit application.
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 Director of Public Works in accordance with this article and
applicable state and federal regulations. Permit conditions will include
the following:
(1)
The residential equivalency charge, sewer use charge and schedule
for surcharge 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 Director of Public Works 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 Director of Public
Works to insure 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 Director of Public Works within 60 days
prior to the expiration of the permit or any renewal thereof. After
such notification by the Director of Public Works, 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 Director of Public
Works 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 operation. A wastewater discharge permit shall not be reassigned,
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 and 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 use by the Village or any state agency in judicial review
or enforcement proceedings involving the person furnishing the report.
A.
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 equipment
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 allowed to exist which is contrary to all or any part of this article
shall constitute a new violation. Change of ownership or occupancy
of premises delinquent under the provisions of this article shall
not be cause for reducing or eliminating charges due and penalties
for violations.
B.
Any user who discharges a waste or wastewater with a BOD concentration of 900 mg/l or greater as defined in § 295-9B(13)(c), shall pay a penalty of $200 per violation. Each day a violation occurs shall constitute a separate violation. The penalty shall be added to the monthly or quarterly billing statement.
C.
In addition to the court proceedings and penalties described in Subsections A and B, whenever a person violates any provision of this article or fails to comply with any order of the approving authority, the approving authority may order an action be commenced on behalf of the Department in the Circuit Court for Walworth County for the purpose of obtaining an injunction restraining such person from making any further discharges into the Village sewer system.
