[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
APPROVING AUTHORITY
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
CHLORINE REQUIREMENT
COMMERCIAL AND INSTITUTIONAL CUSTOMERS
DEBT CHARGE
EASEMENT
FLOATABLE OIL
GARBAGE
GROUND GARBAGE
INDUSTRIAL USER
(1)
(2)
INDUSTRIAL WASTES
NATURAL OUTLET
OPERATION AND MAINTENANCE COSTS
PARTS PER MILLION (also "milligrams per liter")
PERSON
pH
PHOSPHORUS
PUBLIC SEWER
REPLACEMENT COST
SANITARY SEWAGE
SANITARY SEWER
SERVICE CHARGE
SEWAGE
SEWER
SLUG
STANDARD METHODS
STORM DRAIN (sometimes termed "storm sewer")
STORMWATER RUNOFF
SUSPENDED SOLIDS (SS)
UNPOLLUTED WATER
USER CHARGE
VILLAGE
WASTEWATER
WASTEWATER FACILITIES
WASTEWATER TREATMENT WORKS
WPDES PERMIT
The following definitions shall be applicable in this chapter:
The Water and Sewer Commission of the Village of Bear Creek
or it's duly authorized deputy, agent or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
The part of the lowest horizontal piping of a drainage system
which received the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet (1.5 meters) outside the inner face of
the building wall.
The extension from the building drain to the public sewer
or other place of disposal also called house connection.
The amount of chlorine, in milligrams per liter, which must
be added to sewage to produce a specified residual chlorine content
in accordance with procedures set forth in Standard Methods.
Those customers of the Village which are not residential
and do not discharge industrial wastes.
That charge to customers of the Village which shall in whole
or in part defray the costs of retiring the debts incurred in the
construction of any wastewater facilities by the Village.
An acquired legal right for the specific use of land owned
by others.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
Garbage that has been shredded to such degree that all particles
will be carried freely in suspension under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2 inch
in any dimensions.
Any customer of the Village which discharges industrial wastes
and is identified in the Standard Industrial Classification Manual,
1972, office of Management and Budget, as amended and supplemented
under the following divisions:
For the purpose of this chapter, a user in the divisions listed
is excluded if it is determined that it discharges primarily segregated
domestic wastes or wastes from sanitary conveniences, or that it discharges
the equivalent of 25,000 gallons per day, or less, of sanitary wastes
providing such discharge does not contain pollutants which 1) interfere
with the treatment process, 2) are toxic or incompatible, or 3) contaminate
or otherwise reduce utility of the sludge.
The wastewater from industrial processes, trade, or business
as distinct from sanitary sewage.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
All costs incurred in the operation and maintenance of the
Village wastewater treatment works. Notwithstanding other accounting
procedures as may be used by the Village for other purposes, in the
context of this chapter this class of costs shall be understood to
include equipment replacement costs and shall be understood to exclude
depreciation charges and debt retirement.
A weight to weight ratio; the parts per million value multiplied
by the factor 8.345 shall be equivalent to pounds per million gallons
of water.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of the hydrogen ions, in grams, per
liter of solution. Neutral water, for example, has a pH value of 7
and a hydrogen-ion concentration of 107.
The element of that same name, the concentration of which
in wastewater is ascertained by the test for total phosphorus, as
defined in Standard Methods.
A common sewer controlled by a governmental agency or public
utility.
The cost associated with maintaining a fund with sufficient
resources to provide for obtaining and installing the equipment associated
with the Village's wastewater treatment works at the end of the service
life of each equipment item. The yearly replacement cost is calculated
by calculating the depreciation on the Village's equipment accounts.
Shall be considered to be synonymous with "domestic sewage"
and "domestic wastewater" and shall mean any combination of liquid
and water-carried wastes discharged from sanitary plumbing facilities.
Sanitary sewage shall be assumed to have the following waste concentrations:
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BOD: 200 mg/l.
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Suspended solids: 240 mg/l.
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Other: no substances as prohibited or limited in § 278-5D.
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A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions
together with minor quantities of groundwaters, stormwaters, and surface
waters that are not admitted intentionally.
The total charge to customers of the Village and shall mean
the sum of the user charge and debt charge.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater which is concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal performance
of the wastewater treatment works.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water,
Sewage and Industrial Wastes" published jointly by the American Public
Health Association the American Water Works Association and the Federation
of Sewage and Industrial Wastes Associations.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
Total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater, or other liquids, and
that is removable by laboratory filtering as prescribed in "Standard
Methods for Examination of Water and Wastewater" and referred to as
nonfilterable residue.
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.
That charge to customers of the Village which shall adequately
provide for proportionate recovery of the operation and maintenance
costs of the wastewater treatment works owned by the Village.
The Village of Bear Creek, Outagamie County, Wisconsin.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater that
may be present.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement on devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant."
The Wisconsin Pollutant Discharge Elimination System Permit
which authorizes the Village to discharge wastes to a watercourse
provided the treatment of those wastes meets the conditions of the
permit.
B.
"Shall" is mandatory. "May" is permissive.
A.
It shall be unlawful for any person to place, deposit, or permit
to be deposited in any unsanitary manner on public or private property
within the Village or in any area under the jurisdiction of said approving
authority, any human or animal excrement, garbage, or objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Village, or in any area under the jurisdiction of said approving authority,
any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
chapter.
C.
Except as hereinafter provided, 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.
D.
The owner(s) of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within
the Village 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 Village, is hereby required at the owner's (owners')
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 chapter, within 90 days after date of
official notice to do so, provided that said public sewer is within
100 feet (30.5 meters) of the property line.
A.
Where a public sanitary sewer is not available under the provisions of § 278-2D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.
Before commencement of construction of a private wastewater disposal
system the owner(s) shall first obtain a written permit signed by
the approving authority. The application for such permit shall be
made on a form furnished by the approving authority which the applicant
shall supplement by any plans, specifications, and other information
as are deemed necessary by the approving authority. A permit and inspection
fee as set forth in the Village Fee Schedule, on file in the Village
offices, shall be paid to the approving authority at the time the
application is filed.
C.
A permit for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction
of the approving authority. The approving authority 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 receipt of notice by the approving authority.
D.
The type, capacities, location, and layout of a private wastewater
disposal system shall comply with all recommendations of the Department
of Health and Social Services of the State of Wisconsin. No septic
tank or cesspool shall be permitted to discharge to any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 278-2D, a direct connection shall be made to the public sewer within 90 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.
F.
The owner(s) shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
approving authority.
G.
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by the health
officer.
A.
No unauthorized person(s) shall uncover, make any connections with
or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the approving
authority.
B.
Building sewer permits.
(2)
In either case, the owner(s) or his agent shall make applications
on a special form furnished by the approving authority. The permit
application shall be supplemented by any plans, specifications, or
other information considered pertinent in the judgement of the approving
authority. A permit and inspection fee as set forth in the Village
Fee Schedule, on file in the Village offices, shall be paid to the
approving authority at the time the application is filed.
C.
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner(s). The owner(s)
shall indemnify the approving authority from any loss or damage that
may directly or indirectly be occasioned by the installation of the
building sewer.
D.
A separate and independent building sewer shall be provided for every
building.
E.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the approving
authority, to meet all requirements of this chapter.
F.
The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or other applicable
rules and regulations of the Village.
G.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer.
H.
No person(s) shall make connection of roof downspouts, foundation
drains, airway drains, or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer unless such connection is
approved by the approving authority for purpose of disposal of polluted
surface drainage.
I.
The connection of the building sewer into the public sewer shall
conform to the requirements of the building and plumbing code or other
applicable rules and regulations of the Village. All such connections
shall be made gastight and watertight and verified by proper testing.
Any deviation from the prescribed procedures and materials must be
approved by the approving authority before the installation.
J.
The applicant for the building sewer permit shall notify the approving
authority when the building sewer is ready for inspection and connection
to the public sewer. The connection and testing shall be made under
the supervision of the approving authority or his representative.
K.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the approving authority.
L.
The approving authority shall levy a charge upon connection of a
building sewer to the public sewer. The amount of this charge shall
be cost of installation as determined by the approving authority.
This amount shall be paid by the person(s) owning the building served
by the building sewer.
M.
The approving authority shall not grant a connection to the sanitary
sewers unless sufficient capacity for that connection is available
in the wastewater treatment works.
A.
Sanitary sewers. No person(s) shall discharge or cause to be discharged
any unpolluted water such as stormwater, groundwater, roof runoff,
subsurface drainage, or cooling water to any sanitary sewer, except
that stormwater runoff from limited areas, which stormwater may be
polluted at times, may be discharged to the sanitary sewer by permission
of the approving authority.
B.
Inspections. The Village personnel will make inspections throughout
the Village for sump pump connections to sanitary sewers and illegal
downspout connections. Violations will be reported to the approving
authority.
C.
Storm sewers. Stormwater other than that exempted under Subsection A 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 approving authority. Unpolluted industrial cooling water or process waters may be discharged on approval of the approving authority to a storm sewer or natural outlet.
D.
Prohibitions and limitations. Except as hereinafter provided, no
person shall discharge or cause to be discharged any of the following
described water or wastes to any public sewer:
(1)
Gasoline, benzine, naptha, 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.
(3)
Water or wastes having a pH lower than 6.0 or having any other corrosive
property capable of causing damage or hazard to structures, equipment
and personnel of the wastewater works.
(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 facilities 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, and paper dishes, cups, milk
containers, etc., either whole or ground by garage grinders.
(5)
The following described substances, materials, waters, or waste shall
be limited in discharges to municipal systems to concentrations or
quantities which will not harm the sewers, wastewater treatment process
or equipment, will not have an adverse effect on the receiving stream,
or will not otherwise endanger lives, limb, public property, or constitute
a nuisance. The approving authority may set limitations lower than
the limitations established in the regulations below if, in his opinion,
such limitations are necessary to meet the above objections. In forming
his opinion as to the acceptability, the approving authority will
give consideration to such factors as the quantity of subject waste
in relation to flows and velocities in the sewers, materials of construction
of the sewers, the wastewater treatment process employed, capacity
of the wastewater treatment plant, degree of treatability of the waste
in the wastewater treatment plant, and other pertinent factors. The
limitations or restrictions on materials or characteristics of waste
or wastewaters discharged to the sanitary sewer which shall not be
violated without approval of the approving authority are as follows:
(a)
Wastewater having a temperature higher than 150° F. (65°
C.).
(b)
Wastewater containing more than 25 milligrams per liter of petroleum
oil, nonbiodegradable cutting oils, or product of mineral oil origin.
(c)
Wastewater from industrial plants containing floatable oil,
fat or grease.
(d)
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 kitchens
for the purpose of consumption on the premises or when served by caterers.
(e)
Water or wastes containing iron, chromium, copper, zinc, and
similar objectionable or toxic substances to such degree that any
such material received in the composite wastewater at the wastewater
treatment works exceeds the limits established by the approving authority.
(f)
Water or wastes containing odor-producing substances exceeding
limits which may be established by the approving authority.
(g)
Radioactive wastes or isotopes of such half-life or concentrations
as may exceed limits established by the approving authority in compliance
with state or federal regulations.
(h)
Quantities of flow, concentrations, or both which constitute
a slug, as defined herein.
(i)
Water or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes employed,
or are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of the approving
authority's WPDES permit.
(j)
Water or wastes which, by interaction with other water or wastes
in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system, or create a condition
deleterious to structures and treatment processes.
(k)
Materials which exert or cause:
[1]
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment plant.
[2]
Unusual volume of flow or concentration of wastes constituting
slugs, as defined herein.
[3]
Unusual concentrations of inert suspended solids (such as fuller's
earth, lime slurries and lime residues) or of dissolved solids (such
as sodium sulfate).
[4]
Excessive discoloration (such as dye wastes and vegetable tanning
solutions).
E.
Special arrangements. No statement contained in this section shall
be construed as prohibiting any special agreement between the approving
authority and any person whereby an industrial waste of unusual strength
or character may be admitted to the sewage disposal works, either
before or after pre-treatment, provided that there is no impairment
of the functioning of the sewage disposal works by reason of the admission
of such wastes, and no extra costs are incurred by the approving authority
without recompense by the person. Any costs or special fees anticipated
by the approving authority for acceptance of wastes under this section
shall be paid in advance to the Village.
A.
Submission of basic data.
(1)
Within three months after passage of this chapter each person who
discharges industrial wastes to a public sewer shall prepare and file
with the approving authority a report that shall include pertinent
data relating to the quantity and characteristics of the wastes discharged
to the wastewater works.
(2)
Similarly, each person desiring to make a new connection to a public
sewer for the purpose of discharging industrial waste shall prepare
and file with the approving authority a report that shall include
actual or predicted data relating to the quantity and characteristics
of the waste to be discharged.
(3)
The minimum information required is outlined on the Industrial Sewer Connection Application called for in § 278-4B.[1]
[1]
Editor's Note: Said application is included as an attachment to this chapter.
B.
When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by Subsection A, a request for extension of time may be presented for consideration of the approving authority.
C.
If any waters or wastes are discharged or proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 278-5D and which in the judgement of the approving authority may have deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise created a hazard to life, health, or constitute a public nuisance, the approving authority may:
D.
Control manholes.
(1)
Each person discharging industrial wastes into a public sewer shall
construct and maintain one or more control manholes or access points
to facilitate observation, measurement and sampling of his wastes,
including domestic sewage.
(2)
Control manholes or access facilities shall be located and built
in a manner acceptable to the approving authority. If measuring devices
are to be permanently installed they shall be of a type acceptable
to the approving authority.
(3)
Control manholes, access facilities and related equipment shall be
installed by the person discharging the waste, at his expense and
shall be maintained by him so as to be in safe condition, accessible
and in proper operating condition at all times. Plans for installation
of the control manholes or access facilities and related equipment
shall be approved by the approving authority prior to the beginning
of construction.
E.
The volume of flow used for computing industrial waste collection and treatment charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the owner except as noted in Subsection F.
F.
In the event that a person discharging industrial waste into the
public sewer produces evidence satisfactory to the approving authority
that more than 10% of the total annual volume of water used for all
purposes does not reach the public sewer, then the determination of
the water consumption to be used in computing the waste volume discharged
into the public sewer may be made a matter of agreement between the
approving authority and the person.
G.
Devices for measuring the volume of waste discharged may be required
by the approving authority if this volume cannot otherwise be determined.
Metering devices for determining the volume of waste shall be installed,
owned, and maintained by the person. Following approval and installation,
such meters may not be removed without the consent of the approving
authority.
H.
Waste sampling.
(1)
Industrial wastes discharged into the public sewers shall be subject
to periodic inspection and a determination of character and concentration
of said wastes. The determinations shall be made by the industry as
often as may be deemed necessary by the approving authority.
(2)
Samples shall be collected in such a manner as to be representative
of the composition of the wastes. The sampling may be accomplished
either manually or by the use of mechanical equipment acceptable to
the approving authority.
(3)
Installation, operation and maintenance of the sampling facilities
shall be the responsibility of the person discharging the waste and
shall be subject to the approval of the approving authority. Access
to sampling locations shall be granted to the approving authority
or its duly authorized representatives at all times. Every care shall
be exercised in the collection of samples to insure their preservation
in a state comparable to that at the time the sample was taken.
I.
The approving authority may at its option install such structures and equipment and perform monitoring, sampling and laboratory analysis called for in Subsections D through G above. In such cases all structures and equipment shall be considered a part of the wastewater treatment works and the costs of construction, operation and maintenance of same shall be incorporated in the service charge of the industrial user as outlined in § 278-8C.
J.
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
shall provide at his expense such preliminary treatment or processing
facilities as may be determined required to render his wastes acceptable
for admission to the public sewers.
K.
Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes as described in § 278-5D, or any flammable wastes, sands, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the approving authority. Any removal and handling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.
L.
Analyses.
(1)
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this chapter shall be determined
in accordance with Title 40, Part 136, of the Code of Federal Regulations
and in accordance with the latest edition of Code of Federal Regulations
and in accordance with the latest edition of "Standard Methods for
the Examination of Water and Wastewater," published by the American
Public Health Association. Sampling methods, location, times, duration,
and frequencies are to be determined on an individual basis subject
to approval by the approving authority.
(2)
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or his agent
as designated and required by the approving authority. The approving
authority may also make its own analysis on the wastes and these determinations
shall be binding on a basis for treatment service charges.
M.
Plans, specifications and any other pertinent information relating
to proposed flow equalization, pretreatment on processing facilities
shall be submitted for review of the approving authority from time
to time by resolution prior to the start of their construction if
the effluent from such facilities is to be discharged into the public
sewers.
A.
Basis for sewer service charges. The approving authority shall have
the authority to establish and collect a sewer service charge for
the use of the public sewers maintained by the Village, subject to
concurrence by the Village Board.
B.
Sewer service charges. Upon establishment of the operation and maintenance
costs and debt retirement costs associated with the wastewater facilities
maintained by the Village, the approving authority shall establish
rates for the following classes of users:
A.
Form of charge. All users shall be assessed a sewer service charge
as set forth in the Village Fee Schedule, on file in the Village offices.
B.
Residential equivalents. All users shall be assigned a number of
residential equivalents based on the methodology in Appendix A, a
copy of which is on file with the Village Clerk-Treasurer.
C.
Method of computing charges. The methodology of determining sewer
service charges is given in Appendix A. The annual sewer and water
utility gets for: 1) operation and maintenance and 2) debt service,
shall each be divided by the total number of residential equivalent
users, except that the debt service budget may be partially offset
by property tax levies. The total sewer service charge shall be the
sum of the user charge and debt charge.
D.
Industrial waste surcharges. Any user discharging industrial waters
shall be subject to surcharges based on a study of the cost of providing
treatment of such wastes.
A.
Billing periods and payment. The debt charge and user charge portions
of the service charges provided in this chapter shall be payable in
accordance with the schedule established by the approving authority.
B.
Penalties.
(1)
Such charges levied in accordance with this chapter shall be a debt
due to the approving authority and shall be a lien upon the property.
If this debt is not paid within 20 days of the date of the bill, a
18% charge shall be added to delinquent bills. Thereafter, if payment
is not received prior to November 15 of the calendar year, the delinquent
bill will be forwarded to the county for placement on the succeeding
tax roll.
(2)
In the event of failure to pay sewer service charges after they become
delinquent, the approving authority shall have the right to remove
or close sewer connections and enter upon the property for accomplishing
such purposes.
(3)
The expense of such removal or closing, as well as the expense of
restoring service, shall likewise be a debt to the Village and a lien
upon the property and may be recovered by civil action in the name
of the approving authority against the property owner, the person,
or both.
(4)
Sewer service shall not be restored until all charges, including
the expense of removal, closing and restoration, shall have been paid.
(5)
Change of ownership or occupancy of premises found delinquent shall
not be cause for reducing or eliminating these penalties.
A.
Right of entry. The Village-appointed engineer, Superintendent of
the wastewater treatment plant, Plumbing Inspector, or other duly
authorized employee of the Village, bearing proper credentials and
identification shall be permitted to enter all properties for the
purpose of investigations required to carry out the provisions of
this chapter and § 196.171, Wis. Stats. They shall have
no authority to inquire into any process beyond that point having
a direct bearing on the kind and source of discharge to the sewers,
waterways or facilities for wastewater treatment.
B.
Safety. While performing the necessary work on private premises in Subsection A, Village employees shall observe all safety rules applicable to the premises established by the company and the approving authority shall indemnify the company against the liability claims and demands for personal injury or property damage asserted against the company and growing out of gauging and sampling operation, and indemnify the company against loss by negligence or failure of the company to maintain safe conditions as required in § 278-6D.
C.
Identification, right to enter basements. The Village-appointed engineer,
Superintendent of the wastewater treatment plant and other duly authorized
employees of the Village bearing proper credentials and identification
shall be permitted to enter all private properties through which the
Village holds a duly negotiated easement for the purpose of, but not
limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the sewage works lying within said
easement, all subject to the terms, if any, of the agreement.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance,
or equipment which is a part of the sewage facility. Any persons violating
this provision shall be subject to immediate arrest under a charge
of disorderly conduct.
A.
Written notice of violation. Any person found to be violating any provision of this chapter, except § 278-9B, shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Accidental discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the sewer system which causes
damage to the treatment facility and/or receiving body of water shall,
in addition to a fine, pay the amount to cover damages as established
by the approving authority.
C.
Continued violations. Any person, partnership, or corporation, or
any officer, agent or employee thereof, who shall continue any violation
beyond the aforesaid notice time limit provided shall, upon conviction
thereof, forfeit not more than $500, together with the costs of prosecution.
In default of payment of such forfeiture and costs, said 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 aforesaid
notice time limit shall be deemed a separate offense.
D.
Liability to Village for losses. Any person violating any provisions
of this chapter shall become liable to the approving authority for
any expense, loss, or damage occasioned by reason of such violation
which the approving authority may suffer as a result thereof.
E.
Differences of opinion. The Village Board shall arbitrate differences
between the approving authority and sewer users on matters concerning
interpretation and execution of the provisions of this chapter.
A.
Annual audit of general account. The approving authority shall conduct
an annual audit, the purpose of which shall be to maintain the proportionality
and adequacy of the sewer service charge relative to changing system
operation, maintenance and debt service costs. Said audit shall also
review the relative funding of the various accounts detailed in § 278-7D.
B.
If the results of the audit referenced in the previous subsection
indicate that proportionality and adequacy of rates are not being
maintained, the approving authority shall make application to the
Wisconsin Public Service Commission for the changes necessary to maintain
proportionality and adequacy. Insofar as allowed by the Wisconsin
Public Service Commission, the approving authority shall also make
those changes necessary to apply excess revenues from a customer class
to that class's rates whenever that excess is greater than what is
reasonable.
A.
Purpose. The purpose of this section is to prevent significant water
inflow and infiltration into the Village's sanitary sewer system and
to protect public health, safety and welfare by assuring that private
laterals are tested, inspected, maintained and repaired or replaced.
B.
Owner maintenance required. All property owners shall keep their
private laterals in good repair. The property owner containing a private
lateral shall maintain the private lateral. Maintenance under this
section includes:
(1)
Clearing obstructions from the private lateral.
(2)
Repairing a defect in the private lateral that allows the introduction
of extraneous flow or debris into the sanitary sewer system.
(3)
Repairing a defect in the private lateral that allows the discharge
of sewage on the property.
(4)
Keeping a manhole cover in place, or a cleanout cap tight and in
place.
(5)
Providing a solid manhole cover.
C.
Testing and notice of defective private laterals. The Sewer and Water
Utility may periodically perform special tests to confirm the integrity
of the sanitary sewer system, including smoke testing, dyed water
testing, hydraulic testing, closed circuit television inspection,
and other testing and inspection techniques approved by the Water
and Sewer Committee.
(1)
The Sewer and Water Utility may enter private property to inspect
or test a private lateral as allowed by law.
(2)
The Sewer and Water Utility shall give the property owner no less
than 24 hours written notice before Village personnel enter private
property to conduct an inspection or test, unless:
(3)
The Sewer and Water Utility may identify defects in a private lateral
that allow extraneous flow or debris to enter the private lateral
or the discharge of sewage on the property, or a condition that may
interfere with the proper operation of the private lateral.
(4)
A defect under this section may include:
(a)
Any visible leak.
(b)
Evidence of pipe or joint deterioration.
(c)
Root intrusion into a pipe that separates a pipe joint or enlarges
an existing crack.
(d)
A misaligned pipe segment, sag, or lack of positive gradient.
(e)
A lack of necessary cleanout cap or manhole cover.
(f)
All failing materials.
(g)
A downspout, drain, or other connection that allows stormwater
or other extraneous water to enter the sanitary sewer system.
(5)
If the Sewer and Water Utility identifies a defective private lateral
or a condition that interferes with the proper operation of the private
lateral outside of a sewer lateral remediation project, the Sewer
and Water Utility shall send the property owner written notice of
the defect or condition, including a statement that the private lateral
must be replaced or repaired, or the condition corrected, not later
than 90 days after the date of the notice, or within such longer time
deemed reasonable by the Sewer and Water Utility.
D.
Repair or replacement required. A property owner shall repair, or
replace a defective private lateral from the property line to the
building. The property owner shall pay the appropriate fee and obtain
a permit from the Village before performing the repair or replacement
of a defective private lateral. Correction of a defect may include
the installation of a sump pit, sump pump and drainage tile.
(1)
If sewage is exposed on the property in a manner that makes a potential
public health hazard, a property owner must:
(a)
Stop the discharge of sewage immediately;
(b)
Remediate the site not later than 24 hours after the owner has
notice of the exposed sewage; and
(c)
Complete all necessary repairs or replacement of a private lateral
immediately, but not later than 30 days after the owner has notice
of the exposed sewage.
(2)
A person who repairs an existing private lateral or installs a new
or rehabilitated private lateral shall perform the repair or installation
as prescribed by the Sewer and Water Utility's sanitary sewer connection
standards and the State Plumbing Code.
(3)
The repair or replacement of the private lateral and the connection
of the private lateral to the sanitary sewer shall conform to the
requirements of the Building and Plumbing Codes or other applicable
rules and regulations of the Village. All connections to the sanitary
sewer shall be made gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by the Sewer
and Water Utility before installation.
(4)
The property owner is responsible for all costs of private lateral
repair, replacement, and maintenance from the property line into the
building. The Village has the authority to contract for repairs/replacements
of laterals in the right-of-way and special assess the cost to the
property owner.
E.
Repair and replacement inspection and testing requirements.
