[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 9, Ch. 2, of the 1995
Code. Amendments noted where applicable.]
The purpose of this chapter is to provide for the use of the
publicly owned sewage treatment facilities located within the area
served by the City of Colby, Clark and Marathon Counties, Wisconsin,
without damage to the physical facilities and without impairment of
their normal function of collecting, transporting, treating and discharging
wastewaters from the area served by the City. The regulations of this
chapter are intended to prevent the introduction of pollutants into
the system which do not receive adequate treatment and which will
pass through the system into receiving waters or otherwise be incompatible
with the system and to provide for the proper development and use
of the user charge system for the City and treatment facilities.
The City shall control the sewerage system and shall administer
and enforce this chapter. This regulation shall apply to all discharges
to the City sewerage system.
Unless the context specifically indicates otherwise, the meanings
of terms used in this chapter shall be as follows:
The Clean Water Act (33 U.S.C. § 1251 et seq.;
Ch. 281, Wis. Stats.; Ch. NR 110 Wis. Adm. Code), as may be subsequently
amended.
The Common Council or its authorized deputy, agent or representative.
"Approving Authority" and "City" are used interchangeably.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter, under standard laboratory procedure, in five days
at 20° C., and expressed in milligrams per liter.
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.
The extension from the building drain to the public sewer
or other place of disposal beginning outside the inner face of the
building wall.
The wastewater treatment system of the City of Colby, including
lift stations and force mains and the wastewater collection system.
The system of sewers, manholes and lift station locations
in the City to collect and transport wastewater to the wastewater
treatment plant.
A sewer intended to receive both wastewater and stormwater
or surface water.
Those users of the publicly owned treatment works which are
not residential and are not classified as industrial users.
The committee appointed by the Common Council to supervise
the operation of the treatment facility. Committee duties shall include
supervision, control of plant operation and maintenance, determining
plant expenses and revenue requirements and proposing user rates for
adoption by the Council.
Those pollutants generally characterized as BOD, suspended solids, pH, ammonia, nitrogen and fecal coliforms, together with any additional pollutants defined in the WPDES permit issued for the treatment facilities, unless the concentrations of any of these pollutants are such that they interfere with the operation of the treatment works or exceed the limits established under §§ 373-5 and 373-6.
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 200 mg/l.
A measure of the rate of flow.
The residue from the preparation, cooking and dispensing
of food, and from the handling, storage and sale of food products
and produce.
All pollutants which are not compatible, as defined in the
definition of "compatible pollutants" above.
Any nongovernmental user of publicly owned treatment works which
discharges more than 25,000 GPD of sanitary waste, or a volume of
process waste, or combined process and domestic waste, equivalent
to 25,000 GPD of domestic waste. "Domestic wastes" are the wastes
discharged from the average residential user in the City's service
area and shall be defined in terms of a concentration of 200 mg/l
(BOD) and 200 mg/l (SS). These concentrations will be applied in determining
equivalent volumes of process waste or combined discharges of domestic
and process wastes.
Any nongovernmental user of a publicly owned treatment works
which discharges wastewater to the sewerage system which contains
toxic pollutants or poisonous solids, liquids or gases in sufficient
quantity, either singularly or by interaction with other wastes, to
injure or interfere with any sewage treatment process, constitute
a hazard to humans or animals, create a public nuisance or create
any hazard in or have an adverse effect on the waters receiving any
discharge from the treatment works.
Any nongovernmental user of the publicly owned treatment works
that engages in the processing, blending, assembling or in some way
transforming of materials or substances into new products. This type
of user would normally occupy an establishment described as a plant,
factory or mill.
Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade or business process or from the development,
recovery or processing of natural resources.
The amount charged to each user in the City service area,
regardless of amount of use.
A measure of concentration, milligrams per liter.
The treatment plant operation and maintenance costs plus
the operation and maintenance costs of the City wastewater collection
system. These costs shall include labor, energy, chemicals, equipment
replacement costs and collection system debt costs, but do not include
the treatment plant debt retirement costs.
Any individual, firm, company, association, society, corporation
or group.
The logarithm (base 10) of the reciprocal of hydrogen ion
concentration in gram moles per liter of solution as determined by
acceptable laboratory procedures.
The treatment of wastewater by the user before introduction
into the City sewerage system.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary to maintain the capacity and
performance during the service life of the treatment works and City
sewerage system. The replacement cost monies shall be maintained in
a separate account and used only as needed for replacement of worn
equipment.
A user of the City-owned sewerage system that would occupy
an establishment considered a house or an apartment and other facilities
in which people live.
A sewer that conveys domestic wastewater or industrial waste,
or a combination of both, and into which stormwater, surface water
and groundwaters or unpolluted industrial wastewater are not intentionally
passed.
The septic tank wastes and holding tank wastes hauled by
certified pumpers.
The sum of the meter charge, volume charge and any applicable
surcharge.
Any discharge of water or wastewater which, in concentrations
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 or flow during normal operation,
and which adversely affects the collection system and/or performance
of the wastewater treatment plant.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater, promulgated by the American Public Health Association,
the American Waterworks 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.
An additional charge related to industrial wastes, being
discharged by any user, having unusual characteristics such as BOD,
suspended solids or other pollutants in concentrations in excess of
the concentrations of domestic wastewater.
Total suspended matter that either floats on the surface
or is in suspension in water, sewage or other liquids and which is
removable by a laboratory filtration device. Quantitative determination
of SS 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 established by the City's WPDES permit.
Any person discharging domestic wastewater or industrial
wastes into the collection system.
A group of users having similar wastewater flows and characteristics,
levels of BOD, suspended solids, etc.
That charge which provides for the recovery of costs based
upon estimated usage of the City sewerage system.
A combination of the water-carried waste discharged into
the collection system from residences, commercial buildings, institutions
and industrial establishments, together with such groundwater, surface
water and stormwater as may be present.
The complete facilities for treating and disposing of the
domestic wastewater and industrial wastes from the City of Colby.
The Wisconsin Pollutant Discharge Elimination System Permit
issued for the City of Colby wastewater treatment facility.
A.
Discharge of wastewater prohibited. It shall be unlawful to discharge
to any natural outlet within the City, or in any area under the jurisdiction
of the City, any wastewater or other polluted water, except where
suitable treatment has been provided in accordance with subsequent
provisions of this chapter.
B.
Privies, septic tanks and cesspools; compliance required. Except
as provided in this section, it shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool or other facility
intended or used for the disposal of wastewater.
C.
Connection with public sewer required. The owner of any house, building
or property used for human occupancy, employment, recreation or other
purposes, situated within the City and abutting on any street, alley
or right-of-way in which there is now located or may in the future
be located a public sanitary sewer of the City, is hereby required,
at the owner's expense, to install suitable toilet facilities therein,
and to connect such facilities directly to the proper public sewer,
in accordance with the provisions of this chapter, within 10 days
after the date of official notice to do so, provided that said public
sewer is within 100 feet (30.5 meters) of the property line. Where
a public sanitary sewer is not available under the provisions of this
section, the building sewer shall be connected to a private wastewater
disposal system complying with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Inspection of installation. A permit for a private wastewater disposal
system shall not become effective until the installation is completed
to the satisfaction of the City. The City shall be allowed to inspect
the work at any stage of construction and, in any event, the applicant
for the permit shall notify the Approving Authority when the work
is ready for final inspection and before any underground portions
are covered. The inspection shall be made within 48 hours of the receipt
of notice by the Authority.
E.
Compliance with certain state provisions required; discharge to natural
outlet prohibited. The type, capacities, location and layout of a
private wastewater disposal system shall comply with all recommendations
of the Department of Safety and Professional Services of the State
of Wisconsin. No septic tank or cesspool shall be permitted to discharge
to any natural outlet.
F.
Connection with public sewer required when available. At such time
as a public sewer becomes available to a property serviced by a private
wastewater disposal system, as provided above, a direct connection
shall be made to the public sewer within 10 days, in compliance with
this chapter and any septic tanks, cesspools and similar private wastewater
disposal facilities shall be cleaned of sludge and filled with suitable
material.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Sanitary operation required. The owner shall operate and maintain
the private wastewater disposal facility in a sanitary manner at all
times, at no expense to the City.
H.
Conflict of provisions. No statement contained in this chapter shall
be construed to interfere with any additional requirements that may
be imposed by the Health Officer.
I.
A wastewater discharge permit shall be required of any person desiring
to discharge wastewater to the City sewerage system and shall be of
one of three classes:
(1)
A domestic wastewater discharge permit shall be required of any person
desiring to discharge domestic waste and shall be considered as an
addition to the building permit required and issued by the City.
J.
Owner responsibility and compliance with City regulations. All costs
and expenses incidental to the installation and connection of the
building sewer shall be borne by the owner. The size, slope, alignment
and 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 all conform to the requirements of the
building and plumbing code, or other applicable rules and regulations
of the City or state.
K.
Inspection. The City shall be permitted to have an authorized representative
inspect any new or old installation for compliance with these regulations.
L.
New connections. New connections to the system shall not be allowed
unless all downstream components have a reserve capable of accepting
them.
M.
Manhole. The City reserves the right to require any user of the system
with flows in excess of 5,000 GPD to install and maintain, at the
user's expense, a control or monitoring manhole on the user's discharge
pipeline. The user shall provide the City free and unobstructed access
to the installed manhole.
N.
New sewers. All new sewer mains shall be designed by a professional
engineer. Sanitary sewer designs shall be approved by the Wisconsin
Department of Natural Resources (DNR). All sewers shall be constructed
in accordance with the approved plans and specifications.
O.
Monitoring station. All industrial users, when so directed by the
City, shall install and maintain at the user's expense a monitoring
facility. This monitoring facility shall be capable of continuous
flow measurement and composite sampling of all discharges. The facility
shall be accessible to utility personnel at all times.
P.
Inspection and sampling. The City may inspect the monitoring facilities
of any user to determine compliance with the requirements of this
chapter. The user shall allow the City or its representatives to enter
upon the premises of the user at all reasonable hours, for the purposes
of inspection, sampling or records examination. The City shall have
the right to set up on the user's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering
operations.
A.
No person shall discharge, or cause to be discharged, any unpolluted
waters, such as stormwater, groundwater, roof runoff, subsurface drainage
or cooling water, to any sewer; except that stormwater runoff from
limited areas, which may be polluted at times, may be discharged to
the sanitary sewer by permission of the Approving Authority.
B.
Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Authority. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Authority, to a storm sewer or natural outlet.
C.
Except as provided in this chapter, no person shall discharge or
cause to be discharged any of the following described waters or wastes
to any sanitary sewer:
(1)
Gasoline, benzine, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
Water or wastes containing toxic or poisonous solids, liquids or
gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any waste treatment process,
constitute a hazard to humans or animals or create a public nuisance
in the receiving waters of the wastewater treatment plant. The toxins
prohibited are those consistent with Section 307(a) of the Clean Water
Act of 1977.
(3)
Water or wastes having a pH lower than six or higher than 9.0, or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the City sewerage system.
(4)
Solid or viscous substances in quantities or of such size as to be
capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the City sewerage system, such as, but
not limited to, ashes, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshing, entrails, grease and paper dishes, cups,
milk containers, etc., either whole or ground by garbage grinders.
A.
Limited discharges. The following described substances, materials,
waters or wastes shall be limited in discharges to the City sewerage
system to concentrations or quantities which will not harm the sewers,
lift stations or the wastewater treatment facility, will not have
an adverse effect on the receiving stream or will not otherwise endanger
life, limb or public property, or constitute a nuisance. The Approving
Authority may set limitations lower than the limitations established
in the regulations below, if such limitations are necessary to meet
the above objections. In forming an opinion as to acceptability, the
Authority will give consideration to such factors as the quantity
of subject waste in relation to flows and velocities in the sewers,
materials of the construction of the sewers, the wastewater treatment
process employed, capacity of the wastewater treatment plant and other
pertinent factors. The limitations or restrictions on materials or
characteristics of wastes or wastewaters discharged to the sanitary
sewer, which shall not be violated without approval of the Authority,
are as follows:
(1)
Wastewater having a temperature higher than 150° F. (65°
C.);
(2)
Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable
cutting oils or products of mineral oil origin;
(3)
Wastewater containing floatable oils, fats or grease;
(4)
Garbage that has not been properly shredded. 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 kitchen caterers;
(5)
Water or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances to such degree that any such material
at the point of discharge exceeds the limits established by the Authority
in compliance with state and federal regulations;
(6)
Water or wastes containing odor-producing substances exceeding limits
which may be established by the Authority in compliance with state
regulations;
(7)
Radioactive wastes or isotopes of such half life or concentrations
as may exceed limits established by the Authority in compliance with
state regulations;
(8)
Quantities of flow, concentrations, or both, which constitute a "slug,"
as defined in this chapter;
(9)
Water or wastes containing substances which are not amenable to treatment
or reduction by the wastewater treatment processes employed, only
to such degree that the wastewater treatment plant effluent cannot
meet the requirements of the WPDES permit;
(10)
Water or wastes which, by interaction with other water or wastes
in the City sewerage system, release obnoxious gases, form suspended
solids which interfere with the collection system or create a condition
deleterious to structures and treatment processes;
(11)
Materials which exert or cause:
(a)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment plant;
(b)
Unusual volume of flow or concentration of wastes constituting
"slugs";
(c)
Unusual concentrations of inert suspended solids, such as fuller's
earth, lime slurries and lime residues, or of dissolved solids, such
as sodium sulfate;
(d)
Excessive discoloration, such as dye wastes and vegetable tanning
solutions.
B.
Septage disposal. No person or licensed disposer shall dispose of
septage into any storage area or sewer manhole located within the
service area without a permit from the City of Colby.
Each user shall provide protection from accidental discharge
of prohibited or regulated materials established by this chapter.
Users shall notify the City immediately upon occurrence of a "slug
load," or accidental discharge of substances prohibited by this chapter
and shall follow up within 48 hours with a written report. The notification
shall include location or discharge, date and time thereof, type of
waste, concentration and volume and corrective actions. Any user who
discharges a slug load of prohibited materials shall be liable for
any expense, loss or damage to the publicly owned sewage treatment
facility, in addition to the amount of fines imposed on the City on
account thereof under state or federal law. Signs shall be permanently
posted in conspicuous places on the user's premises, advising employees
whom to call in the event of a slug or accidental discharge. Employers
shall instruct all employees who may cause or discover such a discharge
in the required emergency notification procedure.
A.
When pretreatment required; cost. When, in the opinion of the Approving
Authority, and in accordance with Title 40, Part 128 of the Code of
Federal Regulations, and other applicable state and federal regulations,
pretreatment is required to modify or eliminate wastes that are harmful
to the structures, processes or operation of the wastewater treatment
facility, the person creating the waste shall provide, at his/her
expense, such preliminary treatment or processing facilities as may
be determined necessary to render his/her wastes acceptable for admission
to the sanitary sewers.
B.
Interceptor requirements. Grease, oil and sand interceptors shall
be provided when, in the opinion of the Committee, they are necessary
for the proper handling of such wastes, 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 State
Plumbing Code, and shall be located so as to be readily and easily
accessible for cleaning and inspection. In maintaining these interceptors,
the user shall be responsible for the proper removal and disposal
of the captured material, and shall maintain records of the dates
and means of disposal, which are subject to review by the Committee.
Any removal and handling of the collected materials not performed
by the user's personnel must be performed by a currently licensed
waste-disposal firm.
A.
General. No statement contained in this chapter shall be construed
as prohibiting any special agreement between the City and any person,
where any waste of unusual strength or character may be admitted to
the City sewerage system, 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 or impairment
of the quality of the sludge for disposal, and no extra costs are
incurred by the City without recompense by the person.
B.
Septage and holding tank waste disposal.
(1)
Permit for septage disposal. At the discretion of the City, septage
permits may be issued for such charges and on such conditions as may
be hereafter determined to be consistent with proper operation of
the wastewater treatment facilities and serve an established public
need. No person in the business of gathering and disposing of septic
tank wastes or holding tank sewage shall transfer such material into
any disposal area or sewer manhole of the City unless a disposal permit
has first been obtained from the Director of Public Works.
(2)
Application for disposal permit. Every licensed septage disposer
wishing to discharge wastes to the wastewater treatment facility shall
file an application in writing to the Committee in such a form as
may be prescribed for the purpose, or if no form is prescribed, the
application must state fully and truly the type, frequency, quantity,
quality and origin of septage or holding tank sewage to be disposed
in the wastewater treatment system. The application shall also state
the name and address of the applicants; and the size, make, model
and license number of each disposal unit. Permits shall not be transferable.
The permit application shall include payment of a nonrefundable application
fee as set by the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Disposal permit. The Committee may impose, on any permit granted,
such conditions as it deems necessary to assure proper operation of
the wastewater collection and treatment system and WPDES Permit compliance.
The permit shall designate, at a minimum, the exact location of disposal
into the system, the maximum quantity allowed per day and the time
or times the septic or holding tank wastes can be discharged. The
terms of the permit may be modified at any time to include suspension
of disposal privileges under the permit, as necessary to ensure proper
operation of the sewerage system.
(4)
Regulation of waste. The septic tank or holding tank wastes disposed
of shall be of domestic origin only. The permittee shall comply with
all applicable provisions of this chapter, and shall not allow any
earth, sand or other solid materials into the City sewerage system.
(5)
Insurance required. Any person or party disposing of septic tank
or holding tank waste into the City treatment system agrees to carry
public liability insurance in an amount not less than $100,000 to
protect the City, any and all persons or property from injury and/or
damage caused in any way or manner by any act, or failure to act,
of any of his/her employees. The person(s) shall furnish proof of
insurance as the Committee may require from time to time during the
term of the permit.
(6)
Indemnity. The person or party disposing of septic tank or holding
tank wastes shall by acceptance of the City disposal permit agree
to indemnify and save harmless the City from any and all liability
and claims for damages arising out of or resulting from exercise of
the privilege conferred by such permit.
(7)
Sampling. The treatment plant operator shall record the volume disposed
of by each permittee. He/She may collect one sample from each disposal
load and analyze the sample for BOD and suspended solids to confirm
the type and character of the waste, and that it is of domestic origin.
The permittee shall be billed for all test costs.
(8)
Charges for disposal. Charges for disposal of septic tank and holding
tank wastes shall be determined according to the methodology presented
in the Appendix to this chapter.[1] The charges shall be reviewed at least annually by the
Committee and may be approved or modified by Council resolution, without
notice. The bills for septic tank and holding tank waste disposal
shall be determined and mailed on a monthly basis. If payment is not
received within 30 days thereafter, disposal privileges shall be suspended.
[1]
Editor's Note: The Appendix is on file in the City's offices.
A.
Required information. An industrial wastewater discharge permit is required under § 373-4. For any discharge by an industrial user, this permit must be obtained 180 days prior to the beginning of discharge. In support of the application, the user shall submit the following information:
(1)
Name, address and standard industrial classification number of applicant.
(2)
Average volume of wastewater to be discharged.
(3)
Wastewater constituents and characteristics as determined by examination
according to Standard Methods.
(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 Committee to be
necessary to evaluate the permit application.
B.
Industrial discharges. If any water, wastes or septage is discharged,
or proposed to be discharged, to the public sewers or at the wastewater
treatment facility, which waters, wastes or septage contains substances
or possesses the characteristics which, in the judgment of the City
of Colby, may have deleterious effects upon the wastewater treatment
facility, processes, equipment or receiving waters, or which otherwise
creates a hazard to life, health or constitutes a public nuisance,
the City of Colby may:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers.
(3)
Require a control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges.
C.
Waste sampling. Industrial wastes discharged into the public sewers
shall be subject to periodic inspection and a determination of the
character and concentration of said wastes. The determinations shall
be made by the industry or the licensed disposer as often as may be
deemed necessary by the City of Colby. Testing facilities shall be
the responsibility of the person discharging the waste and shall be
subject to the approval of the City of Colby. Access to sampling locations
shall be granted to the City of Colby and/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. The Committee may use a consulting engineer
or attorney to evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the Committee may issue a wastewater discharge permit subject
to appropriate terms and conditions.
A.
Authority. The Common Council shall have the authority to establish
and collect a sewer service charge for the use of the City sewerage
system.
C.
Sewer service charge. There is hereby levied and assessed upon each
lot or parcel of land with a building having a lateral available to
discharge wastewater to the City sewerage system a sewer service charge
based upon rates established by the Common Council. The sewer service
charge shall be the sum of the meter charge, the volume charge and
any applicable high-strength surcharge.
D.
Meter charge. Each user shall be assessed a monthly meter charge
based upon the size of the water meter at the user's premises. The
monthly meter charge shall be established by Common Council resolution.
E.
Volume charge.
(1)
Except as provided in this section, each user shall be charged a
volume charge for sewer service based on water usage as determined
by the water utility. The volume charge shall be established by Common
Council resolution.
(2)
For purposes of determining the volume charge, the volume used by
a user shall be based upon and determined by the volume of water provided
to the user as measured by water meters provided and installed by
the City, except as otherwise provided in this section.
(3)
In the event any lot, parcel of land, building or premises discharging
wastewater into the City sewerage system is not supplied with water
from the municipal system and does not have a water meter to measure
such water supply, the owner or occupant of any such property shall
install, or allow to be installed, all at the expense of the owner
or occupant, such necessary metering equipment, approved by the City,
to measure all water consumed upon the premises. The City shall have
the right to enter upon and inspect any premises subject to this chapter
and to inspect any meters installed hereunder to determine compliance
with the provisions of this chapter.
(4)
An industrial user which utilizes metered water in an industrial
process may be eligible for a volume charge reduction if a) the industrial
user demonstrates to the satisfaction of the City that the water consumed
upon the premises by such industrial user does not bear a reasonable
relationship to the amount of wastewater discharged by the industry
to the City sewerage system, and b) the industrial user proposes a
method acceptable to the City for determining the amount of wastewater
discharged to the City sewerage system. The City may require an industrial
user eligible for a reduction to install adequate metering facilities
to properly identify the amount of wastewater discharged to the City
sewerage system. The City shall have the right to enter upon and inspect
any premises for which an industrial user has applied for a volume
charge reduction. The City shall also have the right to inspect any
meters or other facilities installed hereunder to determine compliance
with the provisions of this chapter.
(5)
The volume charge for Packaging Corporation of America, Inc., shall
be based upon the volume of water provided to Packaging Corporation
of America, Inc., as measured by interior water meters measuring water
to bathrooms discharging domestic sewage, provided Packaging Corporation
of America, Inc., only discharges wastewater to the City sewerage
system from its nonproduction facilities.
F.
High-strength surcharge.
(1)
All users other than residential users discharging wastewater into
the City sewerage system are subject to a surcharge, in addition to
the meter charge and volume charge, if their wastewater has a concentration
greater than any one of the following: BOD in excess of 200 mg/l;
suspended solids in excess of 200 mg/l; ammonia in excess of 25 mg/l;
or phosphorus in excess of 10 mg/l. The volume of flow used for computing
surcharges shall be metered water consumption, subject to adjustment
as otherwise herein provided, or the actual volume of wastewater as
determined by an industrial waste metering installation. The amount
of surcharge shall reflect the cost incurred by the City in removing
BOD, suspended solids, ammonia, phosphorous and other pertinent pollutants.
(2)
The rates of surcharge for each of the aforementioned constituents
will be established by the Common Council.
(3)
In addition to the above surcharges, the City's costs of sampling
and analyzing industrial wastes shall be charged to the applicable
industry.
(4)
Where industrial wastes are of such a strength or magnitude or are
delivered over such a period of time that the above surcharges do
not reflect the actual cost of treatment to the City, the City reserves
the right to establish a special charge for handling the industrial
waste. In no event shall the charges be less than those charges determined
by applying the above surcharge.
G.
Bills and billing periods. Bills for sewer service charges shall
be sent to users monthly. The meter charge, volume charge, surcharges
and applicable service charges shall be listed as separate items on
the bill.
H.
Due date. Bills are due within 20 days after the bill is issued.
I.
Late penalties. If a bill is not paid within 20 days, there shall
be a late payment charge of 1% per month added to the bill. This late
payment charge will be applied to the total unpaid balance for service,
including unpaid late payment charges. The late payment charge is
applicable to all users.
J.
Remedies for failure to pay sewer service charges. Each sewer service
charge levied by or pursuant to this chapter is hereby made a lien
upon the corresponding lot, land or premises served by a connection
to the City sewerage system, and if the same is not paid within the
period allotted for such payment, the sewer service charge shall constitute
a lien on the property served and be inserted in the City tax roll
as provided in § 66.0809(3), Wis. Stats.
K.
Failure to pay; removal or closure of connection; restoration of
service.
(1)
In the event of failure to pay sewer service charges after they become
delinquent, the City shall have the right to remove or close sewer
connections and enter upon the user's property for accomplishing such
purposes.
(2)
The expense of such removal or closure, as well as the expense of
restoring service, shall likewise be a debt to the City and lien upon
the property, and may be recovered by civil action in the name of
the City against the property owner, the person, or both.
(3)
Sewer service shall not be restored until all charges, including
the expense of removal, closing and restoration, shall have been paid.
(4)
Change of ownership or occupancy of premises found delinquent shall
not be cause for reducing or eliminating these penalties.
L.
Audit of general account. The City shall conduct an annual audit
of the utility's financial standing. This audit will be used to review
the adequacy of the then-existing rates; and rates shall be adjusted
if necessary to provide sufficient revenues to adequately finance
the utility's operation in accordance with the original intent of
the rate structure. The audit and review shall also be used to ensure
that user classes receiving wastewater service are charged in proportion
to the cost of providing said user class with wastewater service.
M.
Replacement fund. The City shall separately account for annual income
from the sewer service charges which constitute funds required for
replacement or depreciation. The replacement fund is for replacing
equipment and accessories necessary to maintain the capacity and performance
during the service life of the wastewater treatment facilities.
N.
Interpretation of section. This section shall be interpreted liberally
to secure the ends sought hereby.
A.
Emergency suspension of service and discharge permits. The Approving
Authority may, for good cause shown, suspend the wastewater treatment
service and the wastewater discharge permit of a user when it appears
to the Committee that an actual or threatened discharge presents or
threatens an imminent or substantial danger to the health or welfare
of persons, substantial danger to the environment, interference with
the operation of the wastewater treatment facility, violation of any
pretreatment limits imposed by this chapter or any wastewater discharge
permit issued pursuant to this chapter. Any user notified of the suspension
of the Authority's wastewater treatment service and/or the user's
wastewater discharge permit shall within a reasonable period of time,
as determined by the Authority, cease all discharges. In the event
of failure of the user to comply voluntarily with the suspension order
within the specified time, the Authority shall commence judicial proceedings
immediately thereafter to compel compliance with such order. The Authority
shall reinstate the wastewater discharge permit and/or the wastewater
treatment service and terminate judicial proceedings pending proof
by the user of the elimination of the noncomplying discharge or conditions
creating the threat of imminent or substantial danger as set forth
above.
B.
Accidental discharge into sewers. Any person found to be responsible
for accidentally allowing a deleterious discharge into the sewerage
system which causes damage to the treatment facility and/or receiving
body of water shall, in addition to a forfeiture, pay the amount to
cover damages as established by the Authority.
C.
Continued violations. Any person, partnership or corporation, or
any officer, agent or employee thereof, who or which shall continue
any violation beyond the notice time limit provided in this section
shall, upon conviction thereof, forfeit not more than $500, together
with the costs for prosecution. In default of payment of such forfeiture
and costs, the violator shall be imprisoned in the county jail for
a period not to exceed 30 days. Each day in which any violation is
continued beyond the notice time limit shall be deemed a separate
offense.
D.
Revocation of permit. The City may revoke the permit of any user
which:
(1)
Fails to factually report the wastewater constituents and characteristics
of its discharge;
(2)
Fails to report significant changes in wastewater constituents or
characteristics;
(3)
Refuses reasonable access to its premises by representatives of the
Authority for the purpose of inspection or monitoring;
(4)
Violates the conditions of its permit, or this chapter or any final
judicial order entered with respect thereto.
E.
Notification of violation; administrative adjustment. Whenever the City finds that any user has engaged in conduct which justifies revocation of a wastewater discharge permit, pursuant to Subsection D above, the Authority shall serve or cause to be served upon such user a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the user shall respond personally or in writing to the Committee, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
F.
Show-cause hearing. Where violation of Subsection D hereof is not corrected by timely compliance by means of administrative adjustment, the Authority may order any user which causes or allows conduct prohibited by the regulation to show cause before the Authority or its duly authorized representative why the proposed permit revocation action should not be taken. A written notice shall be served on the user by personal service or certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the user to show cause before the Authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 10 days before the hearing. Service may be made on any agent, officer or authorized representative of a user. The proceedings at the hearing shall be considered by the Authority, which shall then enter appropriate orders with respect to the alleged improper activities of the user. Appeal of such orders may be taken by the user in accordance with applicable local or state law.
G.
Judicial proceedings. Following the entry of any order by the Authority
with respect to the conduct of a user, the attorney for the Authority
may, following the authorization of such action by the approving Authority,
commence an action for appropriate legal and/or equitable relief in
the appropriate court.
H.
Enforcement actions. The Authority shall maintain a list of all significant users who were the subject of enforcement proceedings pursuant to § 373-12 during the 12 previous months, summarizing the enforcement actions taken against the user during the same 12 months whose violations remained uncorrected 45 days or more after notification of noncompliance; or which have exhibited a pattern of noncompliance over the twelve-month period; or which involve failure to accurately report noncompliance.
I.
Right of appeal. Any user or any interested party shall have the
right to request in writing an interpretation or ruling by the Authority
on any matter covered by this chapter and shall be entitled to a prompt
written reply. In the event that such inquiry is by a user and deals
with matters of performance or compliance with this chapter or deals
with a wastewater discharge permit issued pursuant hereto for which
enforcement activity relating to an alleged violation is the subject,
receipt of a user's request shall stay all enforcement proceedings
pending receipt of the aforesaid written reply. Appeal of any final
judicial order entered pursuant to this chapter may be taken in accordance
with local and state law.
J.
Operating upsets.
(1)
Any user which experiences an upset in operations which places the
user in a temporary state of noncompliance with this chapter or a
wastewater discharge permit issued pursuant hereto shall inform the
Authority thereof within 24 hours of first awareness of the commencement
of the upset. Where such information is given orally, a written follow-up
report thereof shall be filed by the discharger with the Authority
within five days. The report shall specify:
(a)
Description of the upset, the cause thereof and the upset's
impaction on user's compliance status.
(b)
Duration of noncompliance, including exact dates and times of
noncompliance, and if the noncompliance continues, the time by which
compliance is reasonably expected to occur.
(c)
All steps taken or to be taken to reduce, eliminate and prevent
recurrence of such an upset or other conditions of noncompliance.
(2)
A documented and verified bona fide operating upset shall be an affirmative
defense to any enforcement action brought by the Authority against
a user for any noncompliance with this chapter or any wastewater discharge
permit issued pursuant hereto, which arises out of violations alleged
to have occurred during the period of the upset.
A.
Civil penalties. Any user who is found to have violated an order
of the Authority or who has failed to comply with any provision of
these regulations, or rules of the Authority, or orders of any court
of competent jurisdiction or permits issued thereunder, may be subject
to the imposition of civil penalty of not more than $1,500. Each day
in which any violation is continued beyond the notice time limit shall
be deemed a separate offense.
B.
Recovery of costs incurred by the Authority. Any user violating any
of the provisions of this chapter, or who discharges or causes a discharge
producing a deposit or obstruction or causes damage to or impairs
the City's sewerage system shall be liable to the City for any expense,
loss or damage caused by such violation or discharge. The Authority
shall bill the user for the costs incurred by the Authority for any
cleaning, repair or replacement work caused by the violation or discharge.
Refusal to pay the assessed costs shall constitute a violation of
this chapter enforceable under the provisions of this chapter.
C.
Falsifying information. Any person who knowingly makes any false
statement, representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this chapter or a wastewater discharge permit, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
or sampling device or method required under this chapter shall, upon
conviction, be punished by the imposition of a civil penalty of not
more than $1,500.
D.
Liability for expense, loss or damage. Persons violating any provisions
of this chapter shall become liable to the City for any expense, loss
or damage occasioned by reason of such violation which the City may
suffer as a result thereof.
