[Adopted as Title 9, Ch. 2, of the 1997 Code of Ordinances]
The following definitions shall be applicable in this article:
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in Standard Methods.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called "house connection."
CATEGORY "B"
Those sanitary sewer users who discharge wastewater with concentrations of BOD greater than 190 mg/l, suspended solids greater than 150 mg/l, and/or phosphorus greater than 11 mg/l.
CATEGORY A
Those sanitary sewer users who discharge normal domestic wastewater with concentrations of BOD no greater than 190 mg/l, suspended solids no greater than 150 mg/l, and phosphorus no greater than 11 mg/l.
CHLORINE REQUIREMENT
The amount of chlorine, in mg/l, which must be added to sewage to produce a specified residual chlorine content in accordance with procedures set forth in Standard Methods.
COMBINED SEWER
A sewer intended to receive both wastewater and storm- or surface water.
COMPATIBLE POLLUTANTS
Biochemical oxygen demand, suspended solids, phosphorus, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned wastewater treatment facility receiving the pollutants, if such works were designed to treat such additional pollutants, and, in fact, does remove such pollutants to a substantial degree.
DISTRICT
The Heart of the Valley Metropolitan Sewerage District (HOVMSD), a multigovernmental regional district supervised and regulated by the Heart of the Valley Metropolitan Sewerage Commission.
DISTRICT APPROVING AUTHORITY
The District Engineer/Manager or other authorized representatives of the District.
DISTRICT WASTEWATER COLLECTION FACILITIES (or DISTRICT WASTEWATER COLLECTION SYSTEM)
The District interceptor sewer and the metering stations, both of which are owned, operated, and maintained by the HOVMSD.
EASEMENT
An acquired legal right for the specified use of land owned by others.
FLOATABLE OIL
Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE
The residue from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food products and produce.
GRANTEE
The District, for those projects in which the District receives federal funding. The municipality, for those projects in which the municipality receives federal funding.
GROUND GARBAGE
The residue from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.
HEART OF THE VALLEY METROPOLITAN SEWERAGE COMMISSION
The sovereign governing body of the Heart of the Valley Metropolitan Sewerage District.
INCOMPATIBLE POLLUTANTS
Wastewater with pollutants that will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility.
INDUSTRIAL COST RECOVERY CHARGE
A charge collected by the Village from users discharging industrial wastes for the recovery of the Federal EPA grant amount allocable to the treatment of the users' wastewater volume and characteristics at design capacity of Federal EPA-funded wastewater collection and treatment facilities as further defined under this section.
INDUSTRIAL USER
For the purpose of industrial cost recovery, is:
A. 
Any nongovernmental, nonresidential user of publicly owned treatment works which discharges 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 under one of the following divisions:
(1) 
Grantee may exclude domestic wastes or discharges from sanitary conveniences.
(2) 
After applying the sanitary waste exclusion, discharges in the above division that have a volume exceeding 25,000 gpd or the weight of BOD or suspended solids equivalent to that weight found in 25,000 gpd of sanitary waste are considered industrial users.
Division A - Agriculture, Forestry, Fishing
Division B - Mining
Division D - Manufacturing
Division E - Transportation, Communications, Electric, Gas, and Sanitary Services
Division I - Services
B. 
A user which discharges any wastewater containing toxic pollutants or which has any other adverse effect on the treatment works.
C. 
A commercial user of an EPA-funded individual system.
INDUSTRIAL WASTE
The wastewater from industrial process, trade, or business as distinct from sanitary sewage.
MAJOR CONTRIBUTING INDUSTRY
An industry that:
A. 
Has a flow of 50,000 gallons or more per average workday;
B. 
Has a flow greater than 5% of the flow carried by the wastewater collection and treatment facilities receiving the waste;
C. 
Has a material in its discharge included on a list of toxic pollutants issued under § 283.21(1), Wis. Stats., or
D. 
Has a significant impact, either singularly or in combination with other contributing industries, on the wastewater treatment facility or the quality of its effluent.
MUNICIPAL APPROVING AUTHORITY
The Village Engineer or other authorized representatives of the municipality.
MUNICIPAL WASTEWATER COLLECTION FACILITIES or MUNICIPAL WASTEWATER COLLECTION SYSTEM
The municipal sewer systems, structures, equipment, and processes required to collect and carry away wastewater. These municipal wastewater collection facilities, which are owned, operated, and maintained by the municipalities, extend to the influent point of the metering stations owned by the District.
MUNICIPALITY
The Village of Combined Locks.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer outfalls into a watercourse, pond, ditch, lake, or other body of surface water or groundwaters.
NORMAL DOMESTIC STRENGTH WASTEWATER
Wastewater with concentrations of BOD no greater than 190 mg/l, suspended solids no greater than 150 mg/l, and phosphorus no greater than 11 mg/l.
OPERATION AND MAINTENANCE COSTS
Includes all costs associated with the operation and maintenance of the wastewater collection and treatment facilities, as well as the costs associated with periodic equipment replacement necessary for maintaining capacity and performance of wastewater collection and treatment facilities.
PARTS PER MILLION
A weight-to-weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
PERSON
Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
pH
The reciprocal of the logarithm of the hydrogen-concentration. The concentration is the weight of hydrogen-ions, in grams, per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10-7.
PUBLIC SEWER
Any publicly owned sewer, storm drain, sanitary sewer, or combined sewer.
REPLACEMENT COSTS
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs include replacement costs.
SANITARY SEWAGE
A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities, together with such ground-, surface, and stormwaters as may be present.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
SEGREGATED DOMESTIC WASTES
Wastes from residential sources resulting from normal domestic activities which are measurable and set apart from industrial, trade, cooling water, and/or process discharge wastes.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SHALL and MAY
"Shall" is mandatory; "may" is permissive.
SLUG
Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation, and shall adversely affect the system and/or performance of the wastewater treatment works.
STANDARD METHODS
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 Association.
STORM DRAIN or STORM SEWER
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
STORMWATER RUNOFF
That portion of the rainfall that is drained into the sewers.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and that are removable by laboratory filtering as prescribed in "Standard Methods for Examination of Water and Wastewater," and are referred to as nonfilterable residue.
UNPOLLUTED WATER
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 benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER CHARGE
A charge levied on users of the wastewater collection and treatment facilities for payment of operation and maintenance costs of said facilities.
VILLAGE
The Village of Combined Locks.
WASTEWATER
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.
WASTEWATER COLLECTION FACILITIES (or WASTEWATER COLLECTION SYSTEM)
The District and municipal wastewater collection facilities.
WASTEWATER TREATMENT FACILITY
An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment."
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
A document issued by the Wisconsin State Department of Natural Resources which estimates effluent limitations and monitoring requirements for the District's wastewater treatment facility. WPDES Permit No. WI-0031232-2 and modifications thereof pertain to the District's wastewater treatment facility.
A. 
Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer subject to the exception of § 518-44F. Stormwater runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewers by permission of the District Approving Authority.
B. 
Storm sewers. Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated storm sewers, or to a natural outlet. Stormwater, including unpolluted industrial cooling water or process waters may be discharged, on approval of the District Approving Authority, to a combined sewer.
C. 
Prohibitions and limitations. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(2) 
Any waters or wastes containing toxic or poisonous solids, liquids, or gasses 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 facility.
(3) 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater collection and treatment facilities.
(4) 
Any waters or wastes having a pH in excess of 9.0.
(5) 
Solid or viscous substances in quantities of or such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater collection and treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(6) 
The following described substances, materials, waters, or waste shall be limited in discharges to municipal sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process, or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The District Approving Authority may set limitations lower than the limitations established in the regulations below if, in his opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the District 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 sanitary sewers, the wastewater treatment process employed, capacity of the waste in the wastewater treatment facility, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewers which shall not be violated without approval of the District Approving Authority are as follows:
(a) 
Wastewater having a temperature higher than 150° F. 65° C.
(b) 
Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.
(c) 
Wastewater from industrial plants containing floatable oils, fat, or grease.
(d) 
Any 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) 
Any waters 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 facility exceeds the limits established by the District Approving Authority for such materials.
(f) 
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the District Approving Authority.
(g) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the District Approving Authority in compliance with applicable state or federal regulations.
(h) 
Quantities of flow, concentrations, or both, which constitute a "slug" as defined herein.
(i) 
Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(j) 
Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release obnoxious gasses, 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 facility.
[2] 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
[3] 
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
[4] 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(7) 
The Village shall comply with all the appropriate requirements of the District's WPDES Permit No. WI-0031232-2 and of all modifications thereof. No discharge shall be allowed into the sanitary sewers that is in violation of the requirements of the WPDES permit and the modifications thereof.
D. 
Special arrangements. No statement contained in this article shall be construed as prohibiting any special agreement between the District Approving Authority and Municipal Approving Authority with any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater collection and treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater collection and treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the District or Village without recompense by the person, provided that all rates and provisions set forth in this article are recognized and adhered to.
A. 
Submission of basic data.
(1) 
Within three months after passage of the rules and regulations of the District, each person who discharges industrial wastes to a public sewer shall prepare and file with both the District Approving Authority and Municipal Approving Authority a report that shall include the pertinent date relating to the quantity and characteristics of the wastes discharged to the wastewater collection and treatment facilities. This data shall be subsequently provided annually to both authorities at a time specified by the District Approving Authority. The following forms or the information needed to complete them will be accepted:
(a) 
Annual NR 101 "Effluent Reporting Form."
(b) 
Form 3400-28 "Industrial Waste Contribution To Municipal System."
(2) 
Similarly, each person desiring to make a new connection to a public sewer for the purpose of discharging industrial wastes shall prepare and file with both the District Approving Authority and the Municipal 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 above is required to comply with Wisconsin Pollutant Discharge Elimination System Permit No. WI-0031232-2.
B. 
Extension of time. 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 to the District Approving Authority for consideration.
C. 
Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in Subsection B, and which in the judgment of the District Approving Authority have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the District Approving Authority may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 518-37D.
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 District Approving Authority, and the location of same shall be approved by the Municipal Approving Authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the District 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 District Approving Authority prior to the beginning of construction.
E. 
Measurement of flow. 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 Water Utility except as noted in Subsections F and G.
F. 
Provision of deductions. In the event that a person discharging industrial waste into the sanitary sewers produces evidence satisfactory to the District Approving Authority that more than 20% of the total annual volume of water used for all purposes does not reach the sanitary sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the sanitary sewer may be made a matter of agreement between the District Approving Authority and the Municipal Approving Authority, and the person.
G. 
Metering of waste. Devices for measuring the volume of waste discharged may be required by the district approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed without the consent of the District 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 determination shall be made by the industry as often as may be deemed necessary by the District 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 District 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 District Approving Authority. Access to sampling locations shall be granted to the District Approving Authority or its duly authorized representative 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.
I. 
Pretreatment. Where required, in the opinion of the District Approving Authority, to modify or eliminate wastes that are harmful to the structures, processes, or operation of the wastewater treatment works, the person shall provide at his expense such preliminary treatment or processing facilities as may be determined necessary to render his/her wastes acceptable for admission to the sanitary sewers. Preliminary treatment or processing facilities may be required when, in the opinion of the Municipal Approving Authority, it is necessary to eliminate harmful effects to the structures, processes or operation of the municipal wastewater collection facilities.
J. 
Grease and/or sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the District Approving Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 518-37C(6)(c), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the District Approving Authority, and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material, and shall maintain records of the dates and means of disposal which are subject to review by the District Approving Authority. Disposal of the collected materials performed by owner's(s') personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources (DNR) practice.
K. 
Analyses.
(1) 
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and with the Federal Regulations 40 CFR 136, "Guidelines Establishing Test Procedures for Analysis of Pollutants." Sampling methods, location, time, durations, and frequencies are to be determined on an individual basis subject to approval by the District Approving Authority.
(2) 
Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or his/her agent, as designated and required by the District Approving Authority. The District Approving Authority may also make its own analyses on the wastes, and these determinations shall be binding as a basis for user charges and/or industrial cost recovery charges.
L. 
Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or processing facilities shall be submitted for review of the District Approving Authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.
A. 
Sewer users served by Water Utility water meters. There is hereby levied and assessed upon each lot, parcel of land, building, or premises having a connection with the wastewater system and being served with water solely by the Water Utility, a wastewater treatment service charge based, in part, on the quantity of water used, as measured by the Water Utility water meter used upon the premises.
B. 
Sewer users served by private wells.
(1) 
If any person discharging sewage into the public sanitary sewer system procures any part or all of his/her water from sources other than the Water Utility, all or part of which is discharged into the public sanitary sewer system, the person shall either:
(a) 
Have water meters installed by the Water Utility at his expense for the purpose of determining the volume of water obtained from these sources; or
(b) 
Be charged a flat user charge. This flat charge will be determined by computing the average quarterly residential user charge.
(2) 
The water meters shall be furnished by the Water Utility and installed under its supervision, all costs being at the expense of the person requiring the meter.
(3) 
The Water Utility will charge for each meter a rental charge set by the Water Utility to compensate for the cost of furnishing and servicing the meter.
C. 
Deduct meters.
[Amended 3-3-2020]
(1) 
Effective 9-18-2012, deduct meters are no longer sold for use in calculating a sewer credit. Property owners already owning a deduct meter may continue to use it for calculating a sewer credit, but the deduct meter cannot be replaced if it fails.
(2) 
All deduct meters installed prior to 9-12-2012 must be permanently installed.
(3) 
The materials used for installation of the deduct meter must conform to Wisconsin Administrative Code Chapter SPS 382.
(4) 
Existing deduct meters must be installed in a horizontal and permanent position at a location which will provide easy accessibility by the Combined Locks Water Utility personnel. The sewer deduct meter must also be installed after the main water meter. A separate shutoff valve serving the deduct meter must also be installed on both sides of the meter in order to take the deduct meter out of service without interrupting the normal customer water supply.
(5) 
All customer water must pass through the main water meter. Only water which does not go to the sanitary sewer is to pass through the customer deduct meter. The meter shall be hard-lined to a visible outside tap. This water, which is then registered on the customer deduct meter, will be deducted from the main water meter amount for the calculation of monthly sewer user fees.
(6) 
Deduct meter must have electrical bond to water supply for ground.
(7) 
Effective date. This section shall become effective on the date of passage and posting.
A. 
Category Auser definition. Category A is defined as normal domestic wastewater having concentrations of biochemical oxygen demand (BOD) no greater than 190 mg/l, suspended solids no greater than 150 mg/l, and phosphorus no greater than 11 mg/l. The user charge for Category A wastewater is as follows:
Volume Charge - 3.19/1,000 gallons
B. 
Category B user definition.
(1) 
Category B is defined as wastewater having concentrations of BOD greater than 190 mg/l, suspended solids greater than 150 mg/l, and/or phosphorus greater than 11 mg/l. The minimum Category B charge will be based on a concentration of not less than 190 mg/l for BOD, 150 mg/l for suspended solids, and 11 mg/l for phosphorus. The user charge for Category B wastewater is as follows:
Volume Charge - 3.19/1,000 gallons
Surcharge:
BOD (greater than 190 mg/l) = 0.228/pound
Suspended solids (greater than 150 mg/l) = 0.262/pound
Phosphorus (greater than 11 mg/l) = 3.861/pound
(2) 
The Category B user charges for volume, BOD, suspended solids, and phosphorus shall be computed in accordance with the formula presented below:
C = F+ (V x Cv)+.00834V [(B x CB)+(S x CS)+(P x CP)]
Where:
C
=
Charge to sewer user for collection and treatment of wastewater
F
=
Fixed charge per billing period
B
=
Concentration of BOD in mg/l in the wastewater (concentration minus 190 mg/l equals B)
S
=
Concentration of suspended solids in mg/l in the wastewater (concentration minus 150 mg/l equals S)
P
=
Concentration of phosphorus in mg/l of wastewater (concentration minus 11 mg/l equals P)
V
=
Wastewater volume in 1,000 gallons for the billing period
CV
=
Cost per 1,000 gallons
CB
=
Cost per pound of BOD
CS
=
Cost per pound of suspended solids
CP
=
Cost per pound of phosphorus
0.00834
=
Conversion factor
C. 
Reassignment of sewer users. The District Approving Authority will reassign sewer users into appropriate user charge categories if wastewater sampling programs and other related information indicates a change of categories is necessary.
D. 
Replacement fund account. The annual replacement revenues shall be maintained in a separate account by the District to be used solely for the purpose of purchasing replacement parts and/or equipment. Funds may be withdrawn from this account for the authorized use only with the approval of the District Approving Authority.
E. 
Disposal of septic tank sludge and holding tank sewage.
(1) 
No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewer unless a permit for disposal has been first obtained from the District Approving Authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model, and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee in an amount as set from time to time by the Village Board per calendar year. The time and place of disposal will be designated by the District Approving Authority.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
The District Approving Authority may impose such conditions as it deems necessary on any permit granted.
(3) 
Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than $100,000 to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of his employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.
(4) 
All materials disposed of into the treatment system shall be of domestic origin, or compatible pollutants only, and the person(s) agrees that he will comply with the provisions of any and all applicable ordinances of the Village of Combined Locks and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or inflammable liquids, or other deleterious substances into any manhole, nor allow any earth, sand, or other solid material to pass into any part of the sewerage system.
(5) 
Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater collection and treatment facilities shall be charged as follows:
(a) 
Septic tank sludge: $56/1,000 gallons.
(b) 
Holding tank sewage: $1.25/1,000 gallons.
(6) 
Payments for disposal of septic tank sludge and/or holding tank sewage shall be made to the District at P.O. Box 187. If the material is disposed of into one of Combined Locks's sanitary sewers, the District shall credit the Village of Combined Locks for the full amount of the disposal charge.
(7) 
The person(s) disposing waste agrees to indemnify and hold harmless the Village and District from any and all liability and claims for damages arising out of or resulting from work and labor performed.
A. 
Category A definition. Category A is defined as normal domestic wastewater having concentrations of BOD no greater than 190 mg/l, suspended solids no greater than 150 mg/l, and phosphorus no greater than 11 mg/l. The industrial cost recovery charge for Category A wastewater shall be the most current cost recovery charge on file with the Village Administrator.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Category B definition.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Category B is defined as wastewater having concentrations of BOD greater than 190 mg/l, suspended solids greater than 150 mg/l, and/or phosphorus greater than 11 mg/l. The minimum Category B charge will be based on a concentration of not less than 190 mg/l for BOD, 150 mg/l for suspended solids, and 11 mg/l for phosphorus. The industrial cost recovery charge for Category B wastewater shall be the most current cost recovery charge on file with the Village Administrator.
(2) 
The Category B industrial cost recovery charges for volume, BOD, suspended solids, and phosphorus shall be the most current cost recovery charge on file with the Village Administrator.
C. 
Reassignment of sewer users. The District Approving Authority will reassign sewer users into appropriate industrial cost recovery categories if wastewater sampling programs and other related information indicates a change of categories is necessary.
D. 
Recovery and disbursement of industrial cost recovery charge revenues. The recovery and the disbursement of revenues collected by the Village and transmitted to the District through the industrial cost recovery charge shall conform to the Code of Federal Regulations (Title 40, Part 35.928-1 and Part 35.928-2), as promulgated by the Clean Water Act of 1977.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Calculation of user charges. User charges that shall be assessed to Combined Locks sewer users shall be computed by the Village according to the rates and formula presented in § 518-40. The District shall provide the Village with all information in its possession necessary to compute same.
B. 
Calculation of industrial cost recovery charges. Industrial cost recovery charges shall be computed by the Village according to the rates and formulas presented in § 518-41. The District shall provide the Village with all information in its possession necessary to compute same.
C. 
User charge billing period. User charges shall be billed by the Village to the sewer users on a quarterly basis.
D. 
Industrial cost recovery charge billing period. Industrial cost recovery charges shall be billed by the Village to those subject to the charge on a quarterly basis.
E. 
Payment of user charges. Those persons billed by the Village for user charges shall pay such charges within 30 days after the billing date at the Civic Center.
F. 
Payment of industrial cost recovery charges. Those industries billed by the Village for industrial cost recovery charges shall pay such charges within 30 days after the billing date at the Civic Center. Industrial cost recovery charges collected by the Village from the industries shall be turned over to the District within 60 days from the date that the Village bills the industry.
G. 
Penalties.
(1) 
Such user charges and industrial cost recovery charges levied by the Village against the sewer users in accordance with this article shall be a debt due to the Village and shall be a lien upon the property. If this debt is not paid within 30 days after it shall be due, it shall be deemed delinquent and may be placed on the next year's tax roll and be collected as other taxes are collected.
(2) 
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
A. 
Right of entry. The District and Municipal Approving Authorities or other duly authorized employees of the District and Municipality, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, or testing, in accordance with all of the provisions of this article and § 200.11(3), Wis. Stats. The District and Municipal Approving Authorities or other duly authorized employees of the District and Municipality 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 or waterways or wastewater treatment facilities.
B. 
Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized District and municipal employees shall observe all safety rules applicable to the premises established by the person; and the District and/or municipality shall indemnify the person against loss or damage for personal injury or property damage asserted against the person and growing out of gauging and sampling operation, and indemnify the person against loss or damage to its property by District and/or municipal employees, except as such may be caused by negligence or failure of the person to maintain safe conditions as required in § 518-38D.
C. 
Identification, right to enter easements. The District and Municipal Approving Authorities or other duly authorized employees of the District and municipality, bearing proper credentials and identification, shall be permitted to enter all private properties through which the District and/or municipality 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 this duly negotiated easement.
A. 
Purpose. The Village of Combined Locks is undertaking the systematic reconstruction of the public sewer system lying within the corporate limits. Metering records taken by the Heart of the Valley Metro Sewerage District at the downstream end of the Village system indicate the presence of an abnormal amount of clear water entry into the sanitary sewer system. The presence of this clear water reduces available capacity to all system users and causes system overloads that are manifested in reduced treatment plant capacity, environmental degradation, and the potential for flooded basements, all of which ultimately are detrimental to the citizens of the community. The Village recognizes that its public sewer system has a finite life, and in many cases has exceeded the useful life of the system. The Village also recognizes that private building sewers possess many of the same characteristics as the public sewer system.
B. 
Work must be authorized. No person shall uncover, make any connections with or opening into, use, alter, or disturb the sanitary sewer or appurtenance thereof without first obtaining a written permit from the Municipal Approving Authority.
C. 
Cost of sewer connection. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the property owner. The property owner, or property owner's representative, shall indemnify the Village for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
New construction inspection. No connection with any sewer main or any part thereof shall be covered until the same has been inspected by the Building Inspector or some other person authorized to make such inspection by the Village of Combined Locks. Before any such connection shall be covered, the person making the inspection on behalf of the Village shall endorse the approval of the same upon the permit. No connection shall be made to any sewer main except through a Y-branch unless especially authorized by the Plumbing Inspector. Connections to the main sewers shall be six inches in diameter, unless otherwise permitted or required by the Plumbing Inspector.
E. 
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Municipal Approving Authority, to meet all requirements for this article.
F. 
Building sewer grade. 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.
G. 
Storm and groundwater drain prohibition.
(1) 
No person shall discharge or cause to be discharged into any sanitary sewer any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling waste or unpolluted industrial process waters. All stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water and all other unpolluted drainage and clear water shall be discharged into such sewers as are designated as storm sewers wherever reasonably available; further provided that if no storm sewer is available, in no event shall any of such waters be discharged into any sanitary sewer.
(2) 
All sump pumps installed for the purpose of discharging clear waters from foundation drains, basement drains and ground infiltration shall discharge into a storm sewer wherever available and, if no storm sewer is available, shall discharge into an underground conduit leading to a drainage ditch, gutter, dry well or onto the ground at a point which is not less than three feet from the building and is above permanent grade. No sump pump discharge shall be allowed to flow on or across a public sidewalk.
(3) 
In carrying out the provisions of this article, the Water Superintendent and his/her agents shall have authority to enter upon private premises at reasonable times to determine whether any of the water drainage hereinabove described exists thereon and whether such drainage complies with the provisions of this article. No person shall refuse to permit the Water Superintendent or his/her agents to enter upon any premises at reasonable times to exercise their duties under this article.
(4) 
It shall be rebuttably presumed that clear water is being discharged in a sanitary sewer if it is shown that existing sump pumps or other means of clear water discharge have or can be readily connected to drains, pipes or other mechanisms of discharge connected to the sanitary sewer drain within the premises.
(5) 
No sump pump discharge shall be allowed to flow on or across a public sidewalk. Sump pump discharge shall be directed to flow to the backyard in all cases commencing November 15 and continuing until April 15 of each year.
H. 
Conformance to plumbing codes. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the Village or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Municipal Approving Authority before installation.
I. 
System reconstruction.
(1) 
Inspection required. The Village shall inspect all private connections to the public mains at the time that the public system is to be reconstructed:
(a) 
Any existing private sewer lateral not meeting the requirements of this section shall be considered illegal.
(b) 
Prior to the actual reconstruction of the sanitary sewer system, each property owner shall be given written notice of the project. Such notice shall be made not less than 30 days prior to commencement of the actual work.
(c) 
As the reconstruction progresses, the Village shall inspect each private sewer connection for conformance with this section; or, in the event inspection has been made previously, determine the condition of the private sewer connection from inspection records.
(d) 
In the event that the private system meets the requirements of this section, the Village shall reconnect the private system to the public system at an appropriate point near the right-of-way line.
(e) 
In the event that the private sewer is found not to meet the requirements of this section, the Village shall immediately notify the owner of the determined deficiencies.
(2) 
Owner to correct deficiencies. The owner shall, at the owner's expense, make the necessary repairs to correct the deficiency(ies). In all cases, the Village shall supply an appropriate connection point as part of its work. The owner may elect to:
(a) 
Make the repairs. In doing so, the owner recognizes that all work must be done in strict conformance with all applicable local and state codes and in such a manner to correct the noted deficiency(ies). All work needed to accomplish the repair shall be done at the expense of the owner.
(b) 
Contract with licensed contractor to complete the repair. All work needed to accomplish the repair shall be done at the expense of the owner.
(c) 
Have Village contractors, if available, complete the repair.
[1] 
The Village agrees, that as part of any project, unit bid prices will be requested for the calculation of the cost of making appropriate repair to the private building sewer.
[2] 
Should the owner select this option, the owner will be charged the entire cost of making the repair. The owner may elect to pay the entire amount upon completion of the work, or the owner may request to be billed in the form of a special assessment on the owner's tax bill in eight annual installments plus interest (at 1% above the interest rate at which the Village can borrow monies).
J. 
System requirements: new construction and system reconstruction.
(1) 
Minimum standards. All sanitary sewer mains and laterals, both public and private, shall be constructed and maintained in such a fashion that the effects of clear water on the system are held to an absolute minimum.
(2) 
Code compliance. All work, construction techniques, and materials incorporated into the project shall be in strict conformance with state and local codes and the "Standard Specifications for Sewer and Water Construction in Wisconsin" (latest edition).
(3) 
Defects requiring repair. Repairs are required when any of the following are discovered:
(a) 
Any visible leak.
(b) 
Open, improperly formed, or root-intruded joints.
(c) 
Improper materials such as clay, transite, concrete, Orangeburg, or cast-iron pipe or material other than PVC.
(d) 
Improper connections such as a palmer valve.
A. 
Violations. Violation of any provision of this article or any other rule or order lawfully promulgated by the Village Board of the Village of Combined Locks is declared to be a public nuisance.
B. 
Enforcement. The Municipal Approving Authority shall enforce those provisions of this article that come within the jurisdiction of him/her office, and he/she shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the Municipal Approving Authority shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and shall have satisfied himself/herself that a nuisance does in fact exist.
C. 
Summary abatement. If the Municipal Approving Authority determines that a public nuisance exists within the Village and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the Municipal Approving Authority may cause the same to be abated and charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be.
D. 
Abatement after notice. If the Municipal Approving Authority determines that a public nuisance exists on private premises but that the nature such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, he/she shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in Subsection C above.
E. 
Other methods not excluded. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin.
F. 
Court order. Except when necessary under Subsection C, the Municipal Approving Authority shall not use force to obtain access to private property to abate a public nuisance, but shall request permission to enter upon private property if such premises are occupied, and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
G. 
Cost of abatement. In addition to any other penalty imposed by this section for the erection, contrivance, creation, continuance, or maintenance of a public nuisance, the cost of abating a public nuisance by the Village shall be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining the nuisance, and such cost shall be assessed against the real estate as a special charge.
H. 
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 $200 together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the Outagamie 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.
I. 
Liability to Village and/or district for losses.
(1) 
Any person violating any provisions of this article shall become liable to the Village and/or District for any expense, loss, or damage occasioned by reason of such violation which the Village and/or District may suffer as a result thereof.
(2) 
If any violations affect the District wastewater collection and treatment facilities as well as the Municipal sanitary sewer system, the District may penalize the violator independently and concurrently with the Village according to the District's Rules and Regulations.
(3) 
The District Approving Authority must be notified immediately by any person becoming aware of any violations that occur.
Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease-and-desist-orders, made by the Municipal Approving Authority interpreting or implementing the provisions of this article or in any permit issued herein, may file with the Municipal Approving Authority a written request for reconsideration within 10 days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The Municipal Approving Authority shall render a decision on the request for reconsideration to the user, permit applicant, or permit holder in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the Municipal Approving Authority is unsatisfactory, the person requesting reconsideration may file a written appeal with the Village Board of the Village of Combined Locks in accordance with Ch. 68, Wis. Stats., as amended from time to time.
A. 
Superseding previous ordinances. This article governing sewer use, industrial wastewater discharges, user charges, industrial cost recovery charges, and sewer connections and construction shall supersede all previous ordinances of the Village.
B. 
Invalidation clause. Invalidity of any section, clause, sentence, or provision in the article shall not affect the validity of any other section, clause, sentence, or provision of this article which can be given effect without such invalid part or parts.
C. 
Amendment. The Village, through its duly authorized officers, reserves the right to amend this article in part or in whole whenever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and after proper hearing on the proposed amendment.
D. 
Conflict with district's rules and regulations. In the event that any provisions of the Rules and Regulations of the District are in conflict with this article, the former shall control.
The Village shall conduct an annual audit, the purpose of which shall be to maintain the proper proportion between users and user classes of the user charge system, and to ensure that adequate revenues are available to meet the charges assessed to the Village by the District. Copies of the municipal annual audit reports must be submitted to the District Approving Authority after the municipal annual audits have been completed.
A. 
Introduction. The Village of Combined Locks (herein the "Municipality") is located within the geographic boundaries of the Heart of the Valley Metropolitan Sewerage District (HOVMSD) and receives sanitary service from HOVMSD. The HOVMSD has enacted rules and regulations relating to the discharge of wastewaters into the public sewerage system, setting forth discharge limitations and prohibitions relative to wastewater, and establishing sewer service charges, connection fees and other charges.
B. 
Compliance with HOVMSD rules and regulations. No person shall discharge waste or wastewaters into a public sewer located within the Municipality except in accordance with the provisions of HOVMSD Rules and Regulations, as amended from time to time, and in accordance with any other ordinances of this Municipality having application thereto.
C. 
HOVMSD connection fee. For each connection of a "building sewer," as defined in the HOVMSD Rules and Regulations, to a public sewer located within the Municipality, there shall be paid to the Municipality such connection charges or connection fees as may be determined from time to time pursuant to the HOVMSD Rules and Regulations, as amended from time to time. Such payment to the municipality shall be made by or on behalf of the person seeking the connection fee at the time that a building permit is taken out for new construction.
A. 
Clear water inspection at time of ownership transfer. No person shall sell, transfer or convey ownership of any building that is serviced by sanitary sewer, until such time as a clear water inspection has been made and compliance approved by the Building Inspector as provided in this section. Changing ownership or accepting change of ownership without such an inspection shall constitute a violation of this section and shall be subject to penalties as set forth in § 1-3 of this Code of Ordinances. Transfers exempt from payment of a state real estate transfer fee by § 77.25, Wis. Stats., are exempt from this inspection.
B. 
Compliance inspection; timing. The Building Inspector shall, upon request, conduct an inspection of the premise to determine compliance with the provisions of this section as they relate to illegal surface and groundwater connections into the sanitary sewer system. Such inspections shall occur prior to the sale, transfer or conveyance of title of any such building.
C. 
Noncompliance notice. A notice of noncompliance shall be issued by the Building Inspector to the owner of record of any building to be found not in compliance with the provisions of this section. This notice shall set forth areas of noncompliance and shall order the owner to bring the building into compliance within an established period of time.
D. 
Compliance filing. In order to avoid, delay or prevent sale of a property affected by this section, a buyer or transferee may file with the Building Inspector evidence of a contract or accepted bid for work which, when completed, will bring the property into compliance with this section, along with evidence that adequate funds have been escrowed to complete the work. Compliance shall be met within the time limits set forth in Subsection C above. Also, a stipulation signed by the buyer or transferee shall be filed agreeing to bring the property into compliance with this section within the applicable time limits. Said evidence and stipulation may only be filed after the inspection provided in Subsection B above is made. Failure by the buyer or transferee to bring the property into compliance within the applicable compliance period shall constitute a violation of this section and shall subject the buyer or transferee to the penalties as set forth in § 1-3 of this Code of Ordinances.
E. 
Village nonliability.
(1) 
An inspection finding compliance only indicates that, so far as can be reasonably determined by visual inspection of the premise and review of Village records, the premise meets the requirements of this section. Neither the Village of Combined Locks nor its inspector assume any liability in the inspection findings, whether compliant or not, and there is no guarantee or warranty of the condition of the premises inspected.
(2) 
The Village of Combined Locks shall not be liable for any unsafe or unsanitary condition that may exist in any building that is being inspected for clear water compliance. However, if such conditions exist and are noticed by an inspector, orders to correct such conditions may be issued pursuant to applicable chapters of this Code of Ordinances.