[Amended 3-16-2009 by Ord. No. 2009-04; 5-18-2009 by Ord. No. 2009-12; 3-21-2011 by Ord. No. 2011-03; 3-17-2014 by Ord. No. 2014-06; 4-6-2015 by Ord. No.
2015-03; 6-19-2017 by Ord. No. 2017-05]
(1)
The Village has determined that it is in the best interest of the
community to provide public sewer to higher density and newly developing
areas within the Village sanitary sewer service area. When considering
the installation of municipal wastewater into existing developed areas,
the Village Board shall order the installation and assessment against
adjacent property owners only if one or more of the following criteria
apply:
(a)
There is a need to feed a larger area of a major development;
(b)
On a needs-only basis (i.e., failing onsite systems);
(c)
When 51% of the residents of that area want public utilities; or
(d)
There is a regulatory requirement. The Village, in cooperation with
the Green Bay Metropolitan Sewerage District, has also provided facilities
for collection, transmission, and treatment of sewage to promote the
health, safety, and convenience of its people and to safeguard the
water resources common to all.
(2)
The Board has determined that it is the obligation of the sewer users
and producers of domestic and industrial wastes to defray the cost
incurred in the collection, transmission, and treatment of sewerage
wastes in an equitable manner, and insofar as it is practicable, in
proportion to the cost of providing such services to respective users.
(3)
Proper protection and operation of the municipal sewerage collection
and treatment facilities may require either the exclusion, pretreatment,
or controlled discharge, at point of origin, of certain types or quantities
of domestic and industrial wastes.
(1)
Establish rules regulating connections to the Village Sewerage System.
(2)
Establish rules limiting or prohibiting the discharge of wastewater
by users into the Village Sewerage System which may cause or actually
causes any of the following:
(3)
Identify the procedures used by the Village in billing.
(4)
Properly identify, monitor, and bill all users in compliance with
applicable state and federal laws, guidelines.
(5)
Provide penalties for the violations of these rules including violations
of any orders, permits, or notices issued pursuant to them.
Except as otherwise provided herein, the Director shall administer,
implement and enforce the provisions of this chapter.
Any user whose premises are used primarily for the conduct
of a profit oriented enterprise and who primarily discharges normal
domestic wastewater. This definition shall also include multi-family
residences having three or more units served by a single service.
Department of Public Works and Utilities.
The Director of Public Works or his or her designee.
The Village sewer service area.
Green Bay Metropolitan Sewerage District.
A user discharging more than the equivalent of 25,000 gallons
per day (gpd) of sanitary wastes and which is identified in the Standard
Industrial Classification Manual, 1972, Office of Management and Budget
as amended and supplemented.
Any solid or liquid substance discharged, permitted to flow,
or escaping from any industrial manufacturing, commercial, or business
establishment or process or from the development, recovery, or processing
of any natural resources.
Monitored users shall consist of those users determined by
the Director to be producers of sewage that is, in the Director's
judgment, abnormal sewage and requiring monitoring.
Non-monitored users shall consist of those users determined
by the Director to be dischargers of normal strength sewage.
Domestic and industrial wastes in which the daily average
concentrations for BOD, suspended solids, phosphorous, and TKN are
not more than the daily average concentrations established by resolution
by the GBMSD.
All costs associated with the operation and maintenance of
the sewerage system, including administration and replacement costs.
Any person, natural or artificial, including any individual,
firm, company, municipality, private corporation, association, society,
institution, enterprise, governmental agency, or other entity discharging
sewerage to the municipal system.
A sewer provided by or subject to the jurisdiction of the
Village or GBMSD.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
sewerage system to maintain the capacity and performance for which
such systems were designed and constructed. Operation and maintenance
costs include replacement costs.
A user discharging domestic wastes from a single family dwelling
or duplex.
Residential Equivalent Unit. As defined in the 2004 Utility
Rate study, an REU is a residential living space required to house
one family regardless of size.
A sewer that conveys sewage and into which storm, surface,
and ground waters or unpolluted industrial wastes are not admitted
intentionally.
Domestic and industrial wastes.
The area designated by Brown County Regional Planning as
being appropriate for sanitary sewer development.
A charge levied on users of the sewerage system for the user's
proportional share of the cost of operation, maintenance, debt service,
and replacement of said system.
Interchangeable and shall mean all facilities for collecting,
pumping, treating, and disposing of sewage.
The Village of Suamico.
(1)
General.
(a)
GBMSD Regulations. Sewer Use Ordinance 78-1, as established or amended
by the GBMSD relating to the regulation of sewage discharges is hereby
adopted and made a part hereof as though fully set forth herein. Sewage
discharge regulations received from the GBMSD shall be kept on file
in the office of the Clerk and the office of the Director.
(b)
State and Federal Regulations. In addition to complying with this
article, users shall comply with all applicable pretreatment standards
and requirements established by the U.S. Environmental Protection
Agency and the Department of Natural Resources that supplement or
supersede this article.
(c)
Lateral Service. Each village lot shall be served by one lateral.
In the event that there are two laterals serving a lot, and a duplex
is built on that lot, both laterals shall be connected with each serving
one address of the duplex. In the event that a home or duplex is built
on a lot not serviced by a lateral, one new lateral shall be installed
for a single family home and two new laterals shall be installed for
a duplex from the main and connected to each dwelling.
(d)
Lateral Hook Up. All persons connecting to the municipal sewerage
system must first receive a connection permit from the department.
A department representative shall be onsite to observe all connections
to the municipal system.
(e)
Submission of Plans. Plans, specifications, and other pertinent information
relating to proposed preliminary treatment or processing facilities
shall be submitted for approval to the Engineer and the Director prior
to the start of construction.
(f)
Compliance Monitoring. The Director shall have the right to enter
the premises of any user to determine whether the user is complying
with all the requirements of this article and any waste water discharge
permit or order issued hereunder. Users shall allow the Director ready
access to all parts of the premises for the purposes of inspection,
sampling, records examination, and copying and the performance of
any additional duties.
(g)
Clear Water Discharges Prohibited. The discharge of clear water from
sump pumps, storm drains or other sources into the Village Sewer System
is strictly prohibited.
(h)
Mandatory Hook-up. The owner of each parcel of land adjacent to a
sanitary sewer main on which there exists a building usable for human
habitation shall connect to the system within six months of notice
in writing from the Village.
(i)
In areas where water meters are absent due to the lack of water service
but sewer service is available, the quarterly charge for unmetered
sewer customers shall be billed to developed lots beginning 90 days
after inspection of the sewer lateral installation or upon occupancy
permit, whichever is first.
(2)
Control and Measurement of Admissible Industrial Wastes.
(a)
System Connection and Submission of Basic Data.
1.
Persons discharging abnormal sewage to a public sewer shall prepare
and file with the Director, a report that shall include pertinent
data relating to the quantity and characteristics of their wastes
in accordance with Wisconsin DNR Permit No. WI-0020-001, Part II,
Section D-Paragraph 7, within 90 days after being so notified by the
Director.
2.
Similarly, each person desiring to make a new connection to the public
sewers for the purpose of discharging industrial wastes shall prepare
and file with the Director, a report that shall include actual or
predicted data relating to the quantity and characteristics of the
waste to be discharged in accordance with Permit No. WI-0020-001.
A building permit shall not be issued until such report has been submitted
and approved by the Director.
(b)
Control Manholes.
1.
All monitored users, when directed by the Director, shall construct
and maintain needed control manholes to facilitate observations, measurement,
and sampling of the wastes. Control manholes shall be located and
built in a manner approved by the Director. If measuring devices are
to be permanently installed, they shall be of a type approved by the
Director.
2.
Control manholes and related equipment shall be installed at the
expense of the person discharging the waste, and shall be maintained
by said person in safe condition, accessible, and in proper operating
condition at all times.
(3)
Metering of Waste.
(a)
Devices for metering the volume of waste discharged may be required
by the Director if those volumes cannot otherwise be determined from
the metered water consumption records. Metering devices for determining
the volume of waste shall be owned and maintained by the person. Following
approval and installation, such meters may not be removed without
the consent of the Director.
(b)
If installed metering devices malfunction or if metering devices
are impractical, the person shall provide the department with documented
and certified material as required by the Director so that the Village
can accurately determine the volume of waste discharged for billing
purposes. Devices shall be calibrated yearly or as required. The calibration
shall be made by a testing laboratory approved by the Director. The
Village reserves the right to have the devices calibrated and the
cost of such calibration billed to the person.
(4)
Compliance. Within 90 days after receiving notice from the Director,
each person who discharges industrial wastes into a public sewer shall
have complied with this section.
(5)
Extension of Time. When it can be demonstrated that circumstances
exist which could create an unreasonable burden on the person to comply
with the time schedule imposed, a request for an extension may be
presented to the Director who may grant an extension.
(6)
Waste Sampling. Industrial wastes discharged into the public sewers
shall be subject to periodic sampling and testing to determine character
and concentration. All sampling and testing cost is to be at the expense
of the person. The determination shall be made as often as deemed
necessary by the Director. If any testing by the Village shall show
a changed degree of pollutional load in the sewage or waste discharged,
such new test results shall be used in computing the subsequent billings,
but no reduction shall be made unless at least a full day of operation
of the person's plant has undergone the test. Any person may
request the Village to make new tests; such tests to be of a minimum
of 24 hours duration. Such test shall be made when the plant is operating
under normal conditions, and the burden shall be on the person requesting
the testing to establish that such normal conditions prevail. Upon
a determination by the Director that such test was made when the plant
was operating under normal conditions, the results of these tests
shall be used in computing the subsequent billing in the manner previously
prescribed.
(7)
Analysis. Laboratory test procedures used in the examination of industrial
wastes shall be those set forth in Ch. NR 219, Wis. Adm. Code, and
shall be made by the Village at the cost of the person.
(8)
Pre-Treatment. Where required or when, in the opinion of the Director,
constituents that are harmful to the sewer system, processes, or operation
of the pollution control works are present in the wastes discharged
to the sewer system, the person shall provide, at his or her expense,
such preliminary treatment or processing facilities as may be necessary
to render the wastes acceptable for admission to the public sewers.
When a determination is made by the Director, the Director shall forthwith
notify the person required to provide such preliminary treatment stating
the specific reasons that such determination has been made.
(1)
Policy. It shall be the policy of the Village to obtain sufficient
revenues to pay the costs of the operation and maintenance of the
sewerage system, including debt service and replacement costs, through
a system of sewer service charges as defined in this section. The
system shall assure that each user of the sewerage system pays their
fair and proportionate share of the cost of such facilities.
(2)
Sewer Service Charges Generally. The Village shall annually or from
time to time as the Board deems necessary, determine the cost of operating
and maintaining the Village's public sewer system. A service
charge shall be the sum of the Village's cost of operation and
maintenance of the collection system and the treatment charge from
GBMSD. The sewer service charge shall consist of a volume charge,
or quantity charge, which represents treatment and transportation
of waste water and a customer charge which includes the cost of infiltration/inflow
and billing preparation. These costs shall be charged proportionally
to all users of the sewer system. There shall also be a fixed charge
for the reduction of debt related to the installation of the interceptor
construction needed for the GBMSD hook-up.
(a)
Sewer Service Charge. A sewer service charge is hereby levied and
assessed upon each lot, parcel of land, building, or premises having
a connection to the public sewer system. The sewer service rates will
be included in each year's fee schedule. The Board shall have
the authority to amend such charges by resolution from time to time
as may be deemed necessary.
1.
All charges for sewerage service shall be made quarterly and shall
be payable on the first day of January, April, July and October in
each year. An 18% APR penalty will be added to those bills not paid
on or before the 20th day after the due date of the bill with a minimum
penalty charge of $0.50 applied to the bills. Failure to receive a
bill shall not excuse non-payment. Delinquent charges shall be collected
in accordance with Wis. Stats. § 66.0821(4)(d).
2.
Third quarter charges for residential metered customers will be based
upon the average of the previous three quarters of usage. Where a
customer of the utility has no history or an incomplete history for
the previous three quarters, a charge equal to the unmetered quarterly
sewer use charge as defined above will be applied if the usage for
the third quarter will exceed $44.
3.
Any excess revenues collected from a user class will be applied to
that class for the following year.
(3)
Penalties for Late Payment of Sewer Service Charges.
(a)
Delinquency. Bills for sewer service charges levied and assessed
in accordance with this chapter and resolutions adopted pursuant hereto
and the rules and regulations of the Suamico Sewer and Water Utility
shall become due and payable within 20 days after the date of billing.
(b)
Legal Basis. Each sewer service charge levied by or pursuant to this
section shall constitute a lien upon the corresponding premises serviced
by the sewer system as provided for in Wis. Stats. § 66.0821
and the Clerk shall record such lien in accordance with applicable
statutes.
(c)
Ownership and Occupancy. Change of ownership or occupancy of premises
under provisions of this section shall not be cause for reducing or
eliminating charges due and penalties.
(1)
There shall be one sewer district, known as the Suamico Sewer Service
Area. A map of the area which may be amended from time to time is
available at the Clerk's office.
(a)
Amendments as adopted are on file in the office of the Clerk.
(2)
All sanitary sewers within the district, including street and alley
intersections and manholes, shall be paid for by a developer initiating
the project or through special assessments on the basis of benefits
and damages except the following, which shall be paid for out of the
General Sanitary District Fund:
In their interpretation and application, the provisions of this
chapter shall be held to the minimum requirements and shall not be
deemed a limitation or repeal of any other power granted by the Wisconsin
statutes, Wis. Adm. Code or Green Bay Metropolitan Sewer District.
Where any terms or requirements of this chapter may be inconsistent
or conflicting, the state statute, administrative code provision or
Green Bay Metropolitan Sewer District ordinance shall apply. Where
a provision of this section is required by Wisconsin statutes, Wis.
Adm. Code, or by a standard in Green Bay Metropolitan Sewer District
Sewer Use Ordinance and where this section provision is unclear, the
provision shall be interpreted in light of the Wisconsin statutes,
Wis. Adm. Code and Green Bay Metropolitan Sewer District Sewer Use
Ordinance in effect on the date of the adoption of this section, or
in effect on the date of the most recent text amendment to this chapter.
(1)
Violations. Any person violating any of the provisions of this section
or tampering with metering or sampling shall be liable to the Village
for any expense, loss, or damage occasioned by such violation and
upon conviction of any violation of this section 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 section shall constitute a new violation
and be subject to further citations.
(2)
Appeal Procedures. Any user affected by any decision, action, or
determination, including cease and desist orders, made by the interpreting
or implementing provisions of this chapter may file with the Director
a written request for reconsideration within 10 days of the date of
such decision, action, or determination, setting forth in detail the
facts supporting the user's request for reconsideration. The
Director shall render a decision on the request for reconsideration
to the user in writing within 15 days of receipt of request. The person
requesting reconsideration may, within 10 days after notification
on the action, file a written appeal with the Board in accordance
with Wis. Stats. Ch. 68.
