(A)
APPROVED — Acceptable to the Utility or to the Utility's authorized
representative.
(B)
AREA-WIDE WATER QUALITY MANAGEMENT PLAN — Those plans prepared
by the Department of Natural Resources, including those plans prepared
by agencies designated by the governor under the authority of Chapter
281, Wis. Stats. and NR 121 of the Wisconsin Administrative Code,
for the purpose of managing, protecting and enhancing groundwater
and surface water of the state.
(C)
BACKFLOW — The unwanted reverse flow of liquids, solids or
gases.
(D)
BACK-PRESSURE — A pressure greater than the supply pressure
which may cause backflow.
(E)
BACKSIPHONAGE — The creation of a backflow as a result of negative
pressure.
(F)
BUILDING — A structure for support, shelter or enclosure of
persons or property.
(G)
CROSS-CONNECTION — Any physical connection or potential connection
or arrangement between any part of a water supply system and another
environment containing substances in a manner that, under any circumstances,
would allow the substances to enter the water supply system by means
of backsiphonage or back pressure.
(H)
CROSS-CONNECTION CONTROL DEVICE — Any mechanical device which
automatically prevents backflow from a contaminated source into a
potable water supply system.
(I)
CURB STOP — A valve placed in a water service or a private
water main.
(J)
DIAMETER — In reference to a pipe, the nominal inside diameter
of the pipe.
(K)
MAIN — The principal pipe artery to which branches may be connected.
(L)
MOBILE HOME — A vehicle as defined in § 101.91(10),
Stats.
(M)
NEGATIVE PRESSURE — A pressure less than atmospheric.
(N)
PLUMBING — Piping, fixtures, appliances, appurtenances, devices
and systems as defined in § 145.01(10), Stats.
(O)
PLUMBING APPLIANCE — Any one of a special class of plumbing
devices which is intended to perform a special function. The operation
or control of the appliance may be dependent upon one or more energized
components, such as motors, controls, heating elements, or pressure
or temperature sensing elements. The devices may be manually adjusted
or controlled by the user or operator, or may operate automatically
through one or more of the following actions: a time cycle, a temperature
range, a pressure range, a measured volume or weight.
(P)
PLUMBING APPURTENANCE — A manufactured device or prefabricated
assembly of component parts which is an adjunct to the basic piping
system and plumbing fixtures. An appurtenance does not demand additional
water supply, nor does it add any discharge load to a fixture or the
drain system. It is presumed that the appurtenance performs some useful
function in the operation, maintenance, servicing, economy, or safety
of the plumbing system.
(Q)
PLUMBING FIXTURE — A receptacle or device which:
(1)
Is either permanently or temporarily connected to the water
distribution system of the premises, and demands a supply of water
from the system;
(2)
Discharges used water, waste materials, or sewage either directly
or indirectly to the drain system of the premises; or
(3)
Requires both a water supply connection and a discharge to the
drain system of the premises.
(R)
PLUMBING SYSTEM — Includes the water supply system, the drain
system, the vent system, plumbing fixtures, plumbing appliances and
plumbing appurtenances which serve a building, structure or premises.
(S)
PRIVATE WATER MAIN — A privately owned water main serving two
or more buildings and not directly controlled by a public authority.
(T)
REMOTE REGISTER WATER METER ATTACHMENT — A mechanical and/or
electronic device designed and installed in such a fashion so as to
enable Utility employees to determine an accurate reading of water
consumption by a particular metered customer without the need to physically
gain access to the customers property.
(U)
VILLAGE ADMINISTRATOR — The Village Administrator for the Village
of Somers, its Water and Sewer Utilities.
(V)
UTILITY — The Village of Somers Water Utility District.
(W)
WATER COMMISSION — The Board of Water Commissioners for the
Village of Somers Water Utility District.
(A)
Water Commission. The Water Commission shall have charge of the Village
Water Utility and shall have all of the powers and duties provided
in Chapter 66, Wis. Stats. The Water Commission shall consist of the
following: the duly elected members of the Village Board and the Village
President shall act as the Chairperson of the Water Commission. Members
of the Commission shall serve terms coterminous with their respective
terms as Village President and Village Trustees.
(B)
Village Administrator. The Village Administrator shall have general
charge of all work of extension and improvement of the water distribution
system under the general direction of the Commission. All such work
when let by formal contract, signed by the Chairperson of the Commission
and Village Clerk/Treasurer shall be under the direction of the Village
Administrator and shall be carried out as may be directed by the Commission.
For any work of this nature done without a formal contract, the Village
Administrator shall have general supervision, subject to such statutory
requirements and such ordinance provisions as the Village may make
and shall purchase the necessary materials and employ the necessary
help and labor for such work.
The following rules issued by the Public Service Commission
and on file in the office of the Village Administrator are hereby
adopted by reference as though fully set forth herein. Whenever any
provision of this Code shall conflict with any PSC rule adopted by
reference in this section, such conflict shall be resolved in favor
of the PSC rule.
|
Schedule No.
|
Title
|
|---|---|
|
X-2
|
Water Main Extension Rule
|
|
X-3
|
Water Main Installations in Platted Subdivisions
|
|
Cz-1
|
Water Lateral Installation Charge
|
|
Mg-1
|
General Service - Metered
|
|
F-1
|
Public Fire-Protection Service
|
|
Upf-1
|
Private Fire-Protection Service - Unmetered
|
|
Mpa-1
|
Public Service
|
|
Ug-1
|
General Water Service - Unmetered
|
|
R-1
|
Reconnection Charges
|
|
MgT-1
|
Seasonal, Emergency or Temporary Service
|
|
X-1
|
Compliance with Rules
|
|
X-1
|
Establishment of Service
|
|
X-1.1
|
Service Contract
|
|
X-1.2
|
Temporary Metered Supply, Meter and Deposits: Water for Construction
|
|
X-1.3
|
Use of Hydrants for Construction
|
|
X-1.4
|
Operation of Valves and Hydrants, and Unauthorized Use of Water
- Penalty; Refunds of Monetary Deposits
|
|
X-1.5
|
Service Connections (or Water Laterals)
|
|
X-1.6
|
Replacement and Repair of Service Pipe
|
|
X-1.7
|
Thawing Frozen Services
|
|
X-1.8
|
Stop Boxes; Installation of Meters; Repairs to Meters
|
|
X-1.9
|
Service Piping for Metered Settings
|
|
X-1.10
|
Turning on Water; Failure to Read Meters
|
|
X-1.11
|
Complaint Meter Tests; Inspection of Premises; Customer's Deposits;
New Residential Service
|
|
X-1.12
|
Existing Residential Service
|
|
X-1.13
|
Commercial and Industrial Service; Conditions of Deposit; Refund
of Deposits
|
|
X-1.14
|
Other Conditions; Guarantee Contracts
|
|
X-1.15
|
Disconnection and Refusal of Service: Reasons for Disconnection;
Disconnection for Delinquent Accounts
|
|
X-1.16
|
Deferred Payment Agreement
|
|
X-1.17
|
Dispute Procedures
|
|
X-1.18
|
Disconnection Notice
|
|
X-1.19
|
Illness Provision; Deferred Payment Agreements
|
|
X-1.20
|
Surreptitious Use of Water
|
|
X-1.21
|
Vacation of Premises; Repairs to Mains; Duty of Superintendent
with Respect to Safety of the Public
|
|
X-1.22
|
Handling Water Mains and Service Pipes in Sewer or Other Trenches;
Settling Main or Service Trenches
|
|
X-1.23
|
Protective Devices
|
|
X-1.24
|
Purity of Supply Not to be Impaired by Cross Connections
|
All construction and extensions of the water system shall be
performed after award of a contract by the Utility, signed by the
Chairperson of the Commission and the Village Clerk/Treasurer, unless
otherwise provided, except that the Village Administrator upon approval
by the Commission shall have authority to contract directly for replacements
and maintenance.
Extension of mains shall be made whenever ordered by the Commission
and as rapidly as can reasonably be done after approval by Commission
action. When installing mains, the system shall be so laid out as
to provide ample water in time of fire. The location of hydrants shall
conform to the specifications of the Wisconsin Department of Natural
Resources and Village of Somers Fire Department.
When water mains are being laid, the Village Administrator shall
cause systematic inspections to be made of all hydrants, connections,
sleeves, etc., to prevent poor or careless work and later loss of
water by leakage.
(A)
Extensions to existing water mains shall be initiated by application
in writing to the Village Administrator.
(B)
By signing the application, the owner agrees to pay the proportionate
share of the estimated cost of making such extension.
(C)
When the cost of a main extension has been determined, bills of particulars
shall be mailed to the abutting property owners at the address appearing
in the application. If such bills have not been paid by October 1
of the year in which rendered, the amount of such bills shall be certified
to the Village Clerk/Treasurer by the Utility Financial Manager and
the Clerk/Treasurer shall charge the amounts on the tax rolls of the
Village to the property described to be collected according to law
for the collection of general taxes, following notice and public hearing.
(D)
When the Water Commission shall have ordered the construction of
any water main which shall become part of the public water system,
the cost of the improvement shall be assessed against the lots, parts
of lots or parcels of land which front upon the proposed line of the
water main and which are specifically benefitted thereby. Special
assessments for water mains shall be in accordance with the procedures
under § 66.0703, Wis. Stats.
(E)
The amount assessed against any property shall be computed on a front
footage basis using the total cost of the improvement including the
construction cost for the size of main required to adequately serve
and benefit the property as determined by the Utility, but in no case
shall such main be less than eight inches in diameter nor shall such
main be larger than 12 inches in diameter. The costs of engineering
and legal services and any other component of direct or indirect cost
which is attributed to the improvement, including the cost of that
portion of the water main in intersections of streets shall be included
in computing the costs of the improvement.
(F)
Where density of prospective consumers does not warrant immediate
assessment for the mains, extensions will be made on a customer financed
basis.
(1)
The cost of the extension, including fire hydrants and street
intersections will be determined and the total allocated to general
service. This amount will then be divided by the total assessable
frontage of the project.
(2)
As additional consumers are connected to a water main that was
originally paid for by customer contributions and not previously assessed,
the Utility will require a contribution from each new consumer. The
assessment rate shall be calculated using current prices for whatever
size main is installed. This amount shall then be refunded pro rata
to all consumers along the extension whose remaining contribution
exceeds what would have been assessed under subs. (D) and (E). The
Utility may make an assessment on the basis of area benefitted by
the main extension on a case-by-case basis.
(3)
When extension of a customer-financed main is required to serve
a new customer, the new extension will be considered as an entirely
new project without refunds or other contributions connected with
the original extension.
(G)
When customers connect to transmission mains or connecting loops
laid at the expense of the Utility, there will be assessed on a front
foot basis an amount equal to the average front foot assessment in
the area or for the given project.
(H)
When the Water Commission extends water mains for new customers on
the basis of subs. (D), (E) and (F) above, the Village Engineer shall
determine the required main size.
(I)
Nothing herein shall prevent the Utility from entering into a developer's
agreement with the owner of a benefitted parcel or parcels which may
provide, among other things, for a different method of calculation
or imposition of special assessments for the extension of water services
to such benefitted parcel or parcels including, but not limited to,
provisions for oversizing of mains, deferral of assessments and the
posting of security to insure future performance.
The Village Administrator shall cause to be prepared maps showing
the locations, sizes and types of all mains, valves, service pipes
and hydrants and of the entire water distribution system and shall,
from time to time, make such additions and alterations as shall correspond
to the changes in the physical plant; and shall keep at least one
of such maps in the office of the Village Clerk/Treasurer.
Applications for water connections shall be made at the office
of the Village Clerk/Treasurer on forms provided for that purpose.
The application shall state the name of the owner, location of property,
designated by correct house number, the name of the licensed contractor
installing the service, exceptional features, if any, to be disclosed
clearly, and the address of the owner in case notice has to be given
for discontinuance of service for nonpayment. All applications shall
be signed by the owner or his or her duly authorized agent. Applications
shall be accompanied by the fee schedule on file in the office of
the Water Commission.
(A)
Water Commission Responsibility. The Water Utility shall furnish
all fittings, with and including the curb box, at a cost to the property
owner as approved by the Public Service Commission, but the Utility
reserves the right at all times to specify the kind of pipe and material
to be used, and to approve all work done up to and including the shut
off cock at the meter upon the premises supplied. Such service and
connection, up to and including the curb box, shall remain the property
of the Utility at all times and the applicant shall acquire no interest,
right or title to the same by virtue of the fact that he has paid
the installation cost thereof and a fee giving him the privilege to
receive water through such pipe, subject to all conditions set forth
in these rules and regulations.
The service pipe from main to curb box shall be maintained and
kept in repair at the expense of the Utility. However, the consumer
shall maintain the service pipe from the curb box to the property
and the Utility shall not make allowance for the loss of water which
has passed through the meter and has been wasted by the leakage or
defective pipes and fixtures.
In case of leakage in the service pipe between the curb box
and the property, notice shall be given the owner or occupant to make
necessary repairs and if repairs are not commenced within 24 hours
after notice, the water will be shut off until repairs are made. If
not made within a reasonable time thereafter, the Utility will repair
the same at the expense of the property owner and an additional charge
will be made for turning on water after repairs have been made. Neither
the Village nor the Utility shall be liable for damages due to failure
to locate a stop box promptly and shut off water in case of a leak
on a consumer's premises and it shall be deemed an exercise of the
Village's police power in proceeding onto private property to effectuate
such repairs.
A record of the location of each service shall be made and kept
by the Village Administrator.
In no case may water be turned on by any person other than an
employee of the Utility authorized to do this work, with the exception
of a licensed plumber who may do so only after being specially authorized
to do so by an agent of the Water Commission and after having arranged
for means whereby consumption of water may be determined by so doing.
Meters will be furnished and placed by the Utility. All meters
shall be so located that they shall be safeguarded from obstructions
and frost and to allow easy access thereto for reading and inspection.
The location shall be designated by proper employees of the Water
Commission. No bypass or other connection between the meter and the
main shall be maintained, unless specifically authorized by the Village
Administrator.
Authorized employees of the Utility shall have the right of
access during reasonable hours to premises supplied with water service
for the purpose of inspection or for enforcement of the rules and
regulations of the Water Commission as provided in this chapter. Whenever,
in the opinion of the Village Administrator, the right of access is
unduly obstructed, the Village Administrator shall cause notice to
be given to the property owner that a frost-proof box of an approved
design will be located outside the building at a cost to the Utility.
The Village Administrator may, in his or her discretion, notify the
owner of the premises served that service will be discontinued unless
access is given at a reasonable time.
(A)
In setting meters, all connections shall be made according to the
rules and regulations of the Utility. Meter horn or setters shall
be required in installation of all meters up to and including one
inch. Shutoff valves shall be installed before and after meter setter.
A sealed bypass shall be required on all meters over one inch in size.
(B)
Where a service is to be metered and there is no basement, or where
it is impossible to properly set a meter in the consumer's basement,
the Utility will provide at the consumer's expense the proper frost-proof
box of an approved design to be located outside the consumer's building
at a cost of labor, material and expense plus 10% to cover overhead
charges.
All water which has passed through the meter shall be paid for.
If it is believed that the meter is registering incorrectly or if
there is a sound of running water, the consumer shall notify the office
of the Utility and a qualified employee will be sent to examine the
service and advise the consumer without a charge therefor.
Where a property owner requests a change in the location of
the meter, such meter may be relocated as directed by the Village
Administrator at the expense of the property owner.
All new meters purchased and all old meters which have been
repaired or removed from service for any cause shall be tested and
adjusted to show not more than 2% error before again being placed
in service and all meters shall be tested in accordance with NR 103
of the Wisconsin Administrative Code. A complete record shall be kept
of each meter, noting all repairs and inspections made and the results
of each test.
All water meters while in service shall be kept under seal affixed
by an authorized employee or officer of the Utility. The customer
responsible for water bills for water supplied through a meter whose
seal has been tampered with or broken shall be deemed prima facie
guilty of the offense.
The Utility shall make a test of the accuracy of any water meter
not greater than two inches in size upon the written request of a
consumer filed at the office of the Utility, provided the consumer
does not request such test more frequently than once in 12 months.
Tests shall only be made more frequently upon order of the Wisconsin
Public Service Commission or at the expense of the consumer when the
meter is within the tolerance of 2%. Meters greater than two inches
in size will be tested at the instance and direction of the Village
Administrator, but not less often than once every two calendar years.
All tests are to be made in conformity with the rules provided by
the Public Service Commission.
(A)
Fire protection service shall consist of connections for automatic
sprinkler systems, stand pipes (where same are connected permanently
or conterminously to mains) and private hydrants.
(B)
Consumers who are regular users of Utility water service may be allowed
to install larger water pipes with hydrants and hose couplings or
a sprinkler system to be used only in case of fire. Automatic sprinkler
equipment shall be provided by the customer with controlling valve
or indicator post valve of a make and design to be approved by the
Village Administrator in either a valve pit near the main in the street
or at the curb, and only if the Village Administrator has determined
that the proposed installation is in conformance with all applicable
regulations of the Wisconsin Department of Industry, Labor and Human
Relations (DILHR) and will not adversely affect other customers water
service.
Combination commercial and fire hydrant or a sprinkler service
shall consist of a pipe line with either a meter on a bypass of suitable
size for commercial service required around the valve of the same
diameter as pipe place on line, such valve to be closed and sealed
so as to divert all water through the meter and opened only in case
of fire, or a compound or detector meter of standard make which will
register accurately all water passing through it from a no-load to
a 50% overload under varying pressures.
Automatic sprinkler service alone, as required by insurance
companies, with water supplied either direct to tank or a combination
of tank and direct pressure, shall have all manual valves sealed,
such seal to be broken only in case of fire. Any abuse or illegal
connection for the use of water through these services shall forfeit
the right of the consumer to such service for fire protection and
the Commission upon receipt of a report of such illegal use, shall,
at its discretion, have the power to require any such service to be
provided with a compound or director meter to be installed at any
time the Commission may prescribe and to make any change on just and
reasonable requirements as good service may from time to time require,
either as to such meter or to any other parts of such appliance pertaining
to the same.
Private fire hydrant service shall consist of a pipeline with
hydrants on the same, such hydrants to have hose threads and operating
nuts the same as on Utility hydrants. All such hydrants shall be closed
and sealed and opened only in case of fire or in the performance of
normal operating maintenance procedures. When the seal is opened on
any private hydrant, the Village Administrator shall be notified at
once and shall cause the hydrant to be resealed.
Consumers having unmetered connections used for fire protection
may test their fire apparatus at any time under the following conditions:
(A)
Upon notice given at the Water Utility office that such test is desired
and the date and hour fixed when test is to be made.
(B)
When testing of fire service is made by a duly authorized insurance
representative, insurance inspector or authorized maintenance personnel,
no permit shall be required to break any seals on the system, but
in each instance, the Village Administrator shall be notified at once
before making the test and such seals shall be replaced by an employee
of the Water Utility. Such notice shall be given by the property owner
or his agent.
Any private fire protection system which is supplied with water from the Utility's system shall be supplied exclusively with Utility water and no connection will be allowed with any other system which draws any part of its supply from another source whereby the Utility's water may be contaminated by failure to close valves or by leaking check valves, etc., and no auxiliary or secondary suction pipe to any pump taking water from a stream or any other source will be permitted. Any private fire protection system supplied by other sources in whole or in part such as private wells or ponds, shall be kept separate from any such system which is supplied from the Utility water system and shall be subject to § 13.47 of this Code.
The Utility reserves the right to shut off the water supply
in the mains temporarily for the purpose of making repairs, alterations
and additions. When circumstances will permit sufficient delay, the
Village Administrator or Utility will give notification by newspaper
publication or by written notice delivered to the premises of the
discontinuance of service and the approximate length of time service
will be discontinued. In such cases the Utility shall not be liable
for any rebate, damages or inconvenience caused by such temporary
suspension of supply.
Consumers in accepting water service for their requirements
agree to accept such service at their own risk and neither the Village
nor the Utility shall be liable for any damage caused by lack of pressure,
failure to supply, leaks, breakage of machinery or facilities or any
cause beyond the control of the Utility.
(A)
When premises are to be vacated, the Utility shall be notified in
writing at once so that the meter may be read and removed and the
water supply shut off at the curb box. The owner of the premises shall
be liable for damage to any property belonging to the Village or the
Utility by reason of failure to notify the department of the vacancy.
A change of tenants in any unit of service within any quarterly meter
reading period will not be construed as a vacancy and the entire billing
for the period will be submitted to the owner and any adjusting by
way of apportioning the amount of the bill between the outgoing and
incoming tenants shall be made by the owner.
(B)
Premises which shall be and remain entirely vacant and the service
to which shall be cut off at the curb box by the Water Commission
shall be considered permanently vacant.
All bills shall be rendered quarterly to the premises described
in a clear and definite manner, by house number when possible. All
bills, except those for special readings or special purposes, shall
be dated on the last day of the quarter in which such service rendered,
at the net rate. To each bill remaining unpaid 20 days after the date
thereof, shall be added a penalty of 1 1/2% a month and the penalty
shall be collectible in the same manner as the original charge. When
the 20th of the month falls on a legal holiday or Sunday, the penalty
rule shall apply on the next business day.
The procedure for discontinuance of service shall be governed
by PSC 185.37 of the Wisconsin Administrative Code. Service to premises
for which bills for service are not paid by noon 20 days from the
date of the bill will be discontinued and will not be turned on again
until the bill, including the penalty plus a fee for turning the water
off and on, has been paid. If a bill for service remains unpaid at
noon 15 days from the date, the owner of the property shall be notified
by mail at his last known address that water will be turned off for
nonpayment on the date named.
Where meter readings cannot be obtained by reason of the premises being closed, an estimated bill will be submitted, based upon the consumption for the same quarter of the previous year or on such basis as may be deemed fair and equitable by the Village Administrator. This estimated bill shall be adjusted at the time the reading is obtainable in the course of the next reading period. When billing for service is thus based on estimate and not on actual reading, each bill shall be accompanied by a notice from the Water Commission to that effect stating the reasons why actual readings are not submitted. Where readings cannot be obtained because right of access is unduly restricted, the rule in § 13.16 shall apply.
If a meter fails to register, the account will be computed in the same manner as provided in § 13.34, above.
When a meter is removed from the premises for any reason other
than testing or repairing, or the premises is vacated, there will
be a charge made to the owner of the property to cover the cost of
turning the water off and on. Water will be turned off and on and
meters installed and removed only upon proper application signed by
the owner of the property served, or his authorized agent, and not
upon the request of a tenant.
Failure to receive a bill does not relieve a customer of his
obligation, nor relieve him from payment of the penalty if such bill
is not paid before the close of business on the 20th of the month
next following the quarter in which service was rendered. Claims or
complaints shall be made within five days from date of bill.
Where the Utility is required to render services which in accordance
with the Wisconsin Statutes are not chargeable to the premises to
which such services are rendered or where for just or sufficient reason
it is deemed advisable not to do so, the Utility may demand a deposit
for a reasonable amount as estimated by the Village Administrator
to insure prompt payment upon the date due, but such deposit shall
be uniform in all cases.
On October 1 in each year, the Village Administrator shall furnish
to the Village Clerk/Treasurer a list of all lots or parcels of real
estate to which water was furnished during the preceding twelve-month
period and the amount due for the same, including penalty, if the
same has not been paid and the Village Clerk/Treasurer shall spread
such delinquent bills upon the tax rolls in the manner provided in
§ 66.0809(3), Wis. Stats., which section is hereby made
a part of these rules.
No person other than an authorized employee of the Utility shall
without written authority operate any valve within a stop box controlling
the flow of water to any premises or break or tamper with the seal
of any water meter in service or open or operate any hydrant connected
with the distribution service or any valve thereon, except for purposes
of extinguishing fires, whether such hydrant is the property of the
Village or of the Utility or has been placed by the owner for his
own protection and no person shall wantonly injure or impair the same.
Only authorized Fire Department personnel (for fire purposes only)
and persons authorized by a proper Village official or by the Village
Administrator are permitted to use hydrant wrenches in the operation
of hydrants connected with the water supply of the Utility. Permits
for the use of hydrants apply only to such hydrants as are designated
in the permit for the particular use specified.
(A)
With regard to services which are frozen between the main and the
stop box, frozen services shall be thawed out by and at the expense
of the Utility except where the freezing was caused by contributory
fault or negligence on the part of the consumer such as reduction
of the grade or undue exposure of the piping in the building or on
consumer's property or failure to comply with Water Commission specifications
and requirements as to depth of service, lack of sufficient backfill,
etc. The Utility shall not be responsible for thawing frozen services
where the freezing of a service occurs between the stop box and where
the service enters the building.
(B)
Following the freezing of a service, the Utility shall take such
steps and issue such instructions as may be necessary to prevent the
refreezing of the same service. No charge will be made for rethawing
if the instructions are followed. If it is necessary to allow the
water to flow to prevent refreezing, the customer shall make provision
for proper disposal of the wastewater.
(C)
For the period in which the water is allowed to run, the consumer
will be billed according to his or her meter reading, but in no event
to exceed the average amount paid in the corresponding billing periods
of the previous two years. A new consumer will be charged the average
bill for other consumers of the same class receiving service under
comparable conditions.
(A)
Water service may be furnished to applicants living outside Utility
limits only when such service can be furnished without adversely affecting
the service inside the Utility and then only upon the approval of
the Commission and the Public Service Commission.
(B)
Water mains laid outside the Utility limits shall be under the supervision
and specifications of the Water Commission.
(C)
If such main is laid at the instigation of the Utility and principally
for its own use as a transmission main, property owners abutting on
such main who desire service shall pay a connection charge negotiated
between the parties.
The following regulations govern water service outside the Utility:
(A)
The applicant shall fully comply with all rules and regulations prescribed
for the installation, maintenance and use of the water supply.
(B)
The rates for extraterritorial water service shall be the same as
for Utility service, increased by 25% or as approved by the Public
Service Commission.
(C)
The applicant shall pay within the prescribed period the charges
for water used as indicated or computed on a meter basis. The first
bill is payable in advance and will be considered a deposit to guarantee
future bills. Subsequent payments will be based upon the meter reading
for the previous quarter; the initial bill or advance deposit will
be fixed by the Village Administrator based upon the estimated normal
consumption of the type of customer being connected and will be retained
by the Water Commission until the service is permanently disconnected.
In such cases the advance payment less any unpaid water bill will
be refunded.
(D)
Extraterritorial customers shall assume the cost of the water meter,
plus 15% to cover the cost of setting the meter.
(E)
The District rules and regulations except as modified specifically
for District use or as specifically applicable to District service
shall be applicable in the extraterritorial customers who are served.
The Utility reserves the right and the Village Administrator
is authorized to require a controlling valve and meter to be placed
upon the hydrant nozzle when water is being used for any purpose other
than for fires, in order to prevent damage to fire hydrants and consequent
impairment of fire protection.
All agreements and contracts entered into, made and performed
in part; all matters, claims, rights, privileges, obligations, violations
and penalties pending; and all regularly published rates for public
utility service on file with the Public Service Commission and effective
under such ordinances as may be hereby repealed and all claims for
service rendered in conformity therewith, shall have the same force
and effect under the regulations hereby enacted under the ordinance
so repealed.
(A)
Remote register water meter attachments will be installed by the
Utility, the cost to be borne by the Utility.
(B)
The Utility shall determine the priority of such installations for
the purpose of efficiency as follows:
(C)
The location of the remote register meter is to be determined by
the Utility.
(A)
Prohibition. That no person, firm or corporation shall establish
or permit to be established or maintain or permit to be maintained
any cross connection. No interconnection shall be established whereby
potable water from a private, auxiliary or emergency water supply
other than the regular public water supply of the Village of Somers
Water Utility may enter the supply or distribution system of said
municipality, unless such private, auxiliary or emergency water supply
and the method of connection and use of such supply shall have been
approved by the Village of Somers Water Utility and by the Wisconsin
Department of Natural Resources in accordance with Chapter SPS 382
of the Wisconsin Administrative Code.
(B)
Inspections. It shall be the duty of the Utility to cause inspection
to be made of all properties serviced by the Utility where cross-connection
with the public water system is deemed possible. Residential properties
serviced by the Utility shall be inspected on an interval matching
the meter replacement schedule, but in no event shall be less frequently
than once every 10 years. All nonresidential properties serviced by
the Utility shall be inspected on a two year interval. Commercial
property of similar or lesser risk as residential properties may follow
the same schedule as residential properties. The Utility shall be
responsible for determining the hazard risk and the inspection schedule.
The Utility shall perform the cross-connection inspection of
residential and low hazard properties. For non-residential properties
or properties of significant hazard risk, upon notification in writing
by the Utility, the property owner must, at their own expense, have
the plumbing inspected for cross-connections by a State of Wisconsin
Certified Cross-Connection Inspector/Surveyor or by a State of Wisconsin
licensed plumber.
The frequency of required inspections and re-inspections, based
on potential health hazards involved, may be shortened by the Utility.
The Utility shall charge fees as approved by the State of Wisconsin
Public Service Commission for on-premises follow-up visits by Utility
personnel for re-inspection due to customer non-compliance and for
after-hours inspections or re-inspections.
(C)
Owner Responsibility. The property owner shall be responsible for
the protection of the customer's potable water system. Every person
owning or occupying a premise receiving municipal water supply shall
maintain such municipal water supply free from any cross connection,
either by a direct or an indirect nature. The responsibilities include
the elimination of, or protection from, all cross connections on their
premises. The owner shall, at their own expense, install, maintain
and test any and all backflow preventers on their premises in compliance
with the Chapter SPS 382.41 Wisconsin Administrative Code and the
Utility's Cross Connection Ordinance.
The property owner shall have corrected any malfunction revealed
by periodic testing of any backflow preventer on their premises. The
property owner shall inform the Utility of any proposed or modified
cross connections and also any existing cross connections that are
not protected by an approved backflow prevention means. The property
owner shall not install a by-pass around any backflow preventer unless
there is a backflow preventer of the same type in the by-pass. Property
owners who cannot shut down operation for testing of the backflow
prevention assembly must supply additional assemblies necessary to
allow testing and maintenance to take place. In the event the property
owner installs potable water using fixtures, equipment or appurtenances
upstream of the backflow preventer, such must have its own approved
backflow prevention means.
The property owner is required to follow the protection practices
described in the American Water Works Association publication AWWA
14 titled "Recommended Backflow Prevention and Cross Connection Control",
United States Environmental Protection Agency publication titled "Cross
Connection Control Manual", Chapters SPS 381-384 Wisconsin Administrative
Code, and the Utility's Cross Connection Control Ordinance, unless
the Utility requires or authorizes other means of protecting the potable
water systems.
Other required or authorized means will be subject to prior
approval of the Utility.
(D)
Access. That upon presentation of credentials, the representative
of the Somers Public Works shall have the right to request entry at
any reasonable time to examine any property served by a connection
to the public water system of the Water Utility for cross connections.
If entry is refused, such representative may obtain a special inspection
warrant under § 66.122, Wisconsin Statutes. In addition,
the Utility shall charge the property owner a fee of $30 per day for
refusal to allow entry to examine any property. On request the owner,
lessee or occupant of any property so served shall furnish to the
inspection agency any pertinent information regarding the piping system
or systems on such property.
(E)
Provision of Requested Information. The Utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the Utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the Utility to discontinue water service to the property, as provided under paragraph subsection (F).
(F)
Disconnection. That the Somers Water Utility is hereby authorized
and directed to discontinue water service to any property wherein
any connection in violation of this ordinance exists, and to take
such other precautionary measures deemed necessary to eliminate any
danger of contamination of the public water system. Water service
shall be discontinued if the means of backflow prevention required
by the Utility is not installed, tested, maintained and repaired in
compliance with this ordinance and Wisconsin Administrative Code NR
811 or if it is found that the means of backflow prevention required
by this ordinance has been removed or bypassed. Water service shall
only be discontinued only after reasonable notice and opportunity
for hearing under Chapter 68, Wisconsin Statutes, except as provided
in § (G). Water service to such property shall not be restored
until the cross connection(s) has been eliminated in compliance with
the provisions of this ordinance.
(G)
Emergency Disconnections. That if it is determined by an employee
of the Water Utility that a cross connection or an emergency endangers
public health, safety or welfare and requires immediate action, and
a written finding to that effect is made by the Water Commission and
is filed with the Clerk/Treasurer and delivered to the customer's
premises, service may be immediately discontinued. The customer shall
have an opportunity for hearing under Chapter 68, Wisconsin Statutes,
within 10 days of such emergency discontinuance. Such hearing shall
be before the Village Board, acting as the Board of Water Commissioners.
(H)
Reconnection of Service. Water service to any property discontinued
under the provisions of this ordinance shall not be restored until
the cross-connection has been eliminated or a backflow prevention
device is approved by the Utility has been installed in compliance
with the provisions of this section. The Utility shall charge fees
as approved by the State of Wisconsin Public Service Commission for
the reconnection of the water service.
(I)
Additional Protection. In the case of premises having (a) internal
cross-connection that cannot be permanently corrected or controlled,
or (b) intricate plumbing and piping arrangements or where entry to
all portions of the premises is not readily accessible for inspection
purposes, making it impracticable or impossible to ascertain whether
or not dangerous cross-connections exist, the public water system
shall be protected against backflow from the premises by installing
an approved backflow preventer in the service line. In the case of
any premises where there is any material dangerous to health that
is handled in such a manner that, in the opinion of the Utility, could
create an actual or potential hazard to the public water system, the
public water system shall be protected by an approved air-gap separation
or an approved reduced-pressure principle backflow preventer. Examples
of premises where these conditions will exist include sewage treatment
plants, hospitals, mortuaries, plating plants, and car wash establishments.
In the case of any premises where, in the opinion of the Utility,
an undue health threat is posed because of the presence of toxic substances,
the Utility may require an approved air gap at the service connection
to protect the public water system. This requirement will be at the
discretion of the Utility.
(J)
Adoption of State Law. That the Water Utility adopts by reference
the State Plumbing Code of Wisconsin being as contained in the Wisconsin
Administrative Code.
All new construction of houses, buildings or properties used
for human habitation, occupancy, employment, recreation, business
or any other purposes, situated within the Water Utility District
and abutting on any streets or right-of-way in which public water
is located, or in which the extension of public water may be deemed
feasible by the Utility shall be required to connect to such public
water supply at his expense. In addition, the owner of any house,
building or property used for human habitation, occupancy, employment,
recreation, business or any other purpose, situated within the Water
Utility District which is serviced by a private well which fails,
where such property abuts on any street or right-of-way in which public
water is located, or in which the extension of public water may be
deemed feasible by the Utility, is hereby required to connect to such
public water supply at his expense within 12 months after date of
official notice to do so.
If available, public water supply and distribution system facilities
shall be required for all new subdivisions. Public water system facilities
may be required for minor land divisions located within reasonable
proximity to such facilities. The divider shall construct the water
supply and distribution facilities, when required, in such a manner
as to make adequate water service available to each lot within the
land division. The divider shall make provision for adequate public
water systems as required by the Utility in accordance with the standards
of the Wisconsin Department of Natural Resources. In addition:
(A)
Water laterals shall be installed to the street lot line, in the
case of connection to public water supply and distribution systems.
(B)
The size, type, design, location and manner of installation of all
public water mains and related water system facilities required or
proposed to be constructed shall be in accordance with plans and specifications
approved by the Commission, DNR and the "Standard Specifications for
Sewer and Water Construction in Wisconsin".
(C)
The divider shall bear the cost of installing all water mains, water
laterals, and water system appurtenances within the proposed land
division except for the added material costs of installing oversized
water mains greater than 12 inches in diameter or related facilities
which are necessary to serve areas lying outside of the proposed land
division. The divider shall bear the cost of installing all boundary
water mains which are determined necessary by the Utility. The Utility
shall reimburse the divider for the reasonable material costs of the
required oversizing.
(D)
In addition, the divider shall be required to pay to the Utility
a water transmission fee in an amount based upon the added cost of
installing larger water mains or related facilities in the total water
service area. The developer may also be required to pay for the installation
of boundary mains or other facilities which are required or benefit
the water service area, subject to such recoveries as may be authorized.
(E)
Water transmission fees collected by the Utility shall be placed
in a special non-lapsing fund for water system projects, which shall
be separate from the General Fund of the Village. Such special fund
shall be used exclusively for water system projects which benefit
the land division with respect to which such fees are paid.
(F)
Installation of all water system facilities shall be completed within
the first twelve-month period following the last required approval
of the final plat or certified survey map, unless the Village Board
expressly waives or modifies this requirement for good cause shown.
(A)
Purpose. To protect public health, safety and welfare and to prevent
contamination of groundwater by assuring that unused, unsafe or noncomplying
wells or wells which may act as conduits for contamination of groundwater
or wells which may be illegally cross-connected to the municipal water
system, are properly corrected or abandoned.
(B)
Applicability. This ordinance applies to all wells located on premises
served by any municipal water system located in whole or in part in
the Village of Somers. Utility customers outside the jurisdiction
of a municipal system may be required under contract agreement or
utility rule to adopt and enforce equivalent ordinances within their
jurisdictions for purpose stated in § (A) above.
(C)
Definitions.
(1)
MUNICIPAL WATER SYSTEM — A community water system owned
by a city, Village, county, town, town sanitary district, utility
district, public inland lake and rehabilitation district, municipal
water district or a federal, state, county or municipal owned institution
for congregate care or correction, or a privately owned water utility
serving the foregoing.
(2)
NONCOMPLYING — A well or pump installation which does
not comply with Section NR 812.42, Wisconsin Administrative Code,
Standards for Existing Installations, and which has not been granted
a variance pursuant to Section NR 812.43, Wisconsin Administrative
Code.
(3)
PUMP INSTALLATION — The pump and related equipment used
for withdrawing water from a well, including the discharge piping,
the underground connections, pitless adapters, pressure tanks, pits,
sampling faucets and well seals or caps.
(4)
UNSAFE WELL OR PUMP INSTALLATION — One which produces
water which is bacteriologically contaminated or contaminated with
substances which exceed the drinking water standards of Chapters NR
140 and 809, Wisconsin Administrative Code, or for which a Health
Advisory has been issued by the Department of Natural Resources.
(5)
UNUSED WELL OR PUMP INSTALLATION — One which is not used
or does not have a functional pumping system.
(6)
WELL — A drillhole or other excavation or opening deeper
than it is wide that extends more than 10 feet below the ground surface
constructed for the purpose of obtaining groundwater.
(7)
WELL ABANDONMENT — The proper filling and sealing of a
well according to the provisions of Section NR 812.26, Wisconsin Administrative
Code.
(D)
Abandonment Required. All wells on premises served by the municipal
water system shall be properly abandoned in accordance with § (F)
of this ordinance at or prior to the date of connection to the municipal
water system, unless a valid well operation permit has been issued
to the well owner by the Village of Somers under terms of § (E)
of this ordinance.
(E)
Well Operation Permit. Owners of wells on premises served by the
municipal water system wishing to retain their wells for any use shall
make application for a well operation permit for each well at or prior
to connection to the municipal water system. The Village of Somers
shall grant a permit to a well owner to operate a well for a period
not to exceed five years providing all conditions of this section
are met. A well operation permit may be renewed by submitting an application
verifying that the conditions of this section are met. The Village
of Somers or its agent, may conduct inspections and water quality
tests or require inspections and water quality tests to be conducted
at the applicant's expense to obtain or verify information necessary
for consideration of a permit application or renewal. Permit applications
and renewals shall be made on forms provided by the Clerk/Treasurer.
All initial and renewal applications must be accompanied by a fee
of $35.
The following conditions must be met for issuance or renewal
of a well operation permit:
(1)
The well and pump installation shall meet the Standards for
Existing Installations described in section NR 812.42, Wisconsin Administrative
Code.
(2)
The well and pump shall have a history of producing safe water
evidenced by at least one coliform bacteria sample. In areas where
the Department of Natural Resources has determined that groundwater
aquifers are contaminated with substances other than bacteria, additional
chemical tests may be required to document the safety of the water.
(3)
There shall be no cross-connections between the well's pump
installation or distribution piping and the municipal water system.
(4)
The water from the private well shall not discharge into a drain
leading directly to a public sewer utility unless properly metered
and authorized by the sewer utility.
(5)
The private well shall have a functional pumping system.
(6)
The proposed use of the private well shall be justified as reasonable
in addition to water provided by the municipal water system.
(F)
Abandonment Procedures.
(1)
All wells abandoned under the jurisdiction of this ordinance
shall be done according to the procedures and methods of Section NR
812.26, Wisconsin Administrative Code. All debris, pumps, piping,
unsealed liners and any other obstructions which may interfere with
sealing operations shall be removed prior to abandonment.
(2)
The owner of the well or the owner's agent shall be required
to obtain a well abandonment permit prior to any well abandonment
and shall notify the clerk at least 48 hours in advance of any well
abandonment activities. The abandonment of the well shall be observed
or verified by personnel of the municipal system.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Clerk/Treasurer
and the Department of Natural Resources within 30 days of the completion
of the well abandonment.
(G)
Penalties. Any well owner violating any provision of this ordinance
shall, upon conviction, be fined not less than $100 nor more than
$500 and the cost of prosecution for each offense. Each day of violation
is a separate offense. If any person fails to comply with this ordinance
for more than 30 days after receiving written notice of the violation,
the municipality may impose a penalty and cause the well abandonment
to be performed and the expenses to be assessed as a special tax against
the property.
(A)
APPROVING AUTHORITY — Commissioners of the applicable Somers
Utility District for public municipal sewer services or the Village
Administrator of the Village of Somers or his authorized representatives
and the Kenosha County Sanitarian where P.O.W.T.S. are applicable.
(B)
BOARD — The Board of the Village of Somers Utility District
or the KR Utility District, as may be applicable.
(C)
BOD (Biochemical Oxygen Demand) — 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".
(D)
BUILDING DRAINAGE SYSTEM — 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.
(E)
BUILDING SEWER — A sanitary sewer which begins immediately
outside of the foundation wall of any building or structure being
served, and ends at its connection to the public sewer, where served
by public sewer and all lines or systems needed for an approved P.O.W.T.S.
(F)
CATEGORY A — Both those sanitary sewer users who discharge
normal domestic strength wastewater with BOD concentrations no greater
than 180 mg/l and suspended solids concentrations no greater than
200 mg/l, or concentrations of phosphorus no greater than nine mg/l
and concentrations of oil and grease no greater than 100 mg/l.
(G)
CATEGORY B — Those sanitary sewer users who discharge wastewater
with BOD in excess of 180 mg/l or suspended solids concentrations
in excess of 200 mg/l or concentrations of phosphorus greater than
nine mg/l and concentrations of oil and grease greater than 100 mg/l.
(H)
CHLORINE REQUIREMENT — The amount of chlorine, in mg/l, which
must be added to sewage to produce a residual sewage as specified
in the Wisconsin Pollution Discharge Elimination System (WPDES) permit.
(I)
COMBINED SEWER — A sewer intended to receive both wastewater
and storm or surface water.
(J)
COMPATIBLE POLLUTANTS — BOD, suspended solids, phosphorus,
nitrogen, pH, or fecal coliform bacteria, plus additional pollutants
identified in the Municipality's WPDES permit for its wastewater treatment
facility; provided that such facility is designed to treat such additional
pollutants, and, in fact, does remove such pollutants to a substantial
degree.
(K)
COSTS, OPERATION AND MAINTENANCE — 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 which is necessary for maintaining the capacity and performance
of the wastewater and collection and treatment facilities.
(L)
COSTS, REPLACEMENT — Expenditures for obtaining and installing
equipment, accessories or appurtenances which are necessary during
the useful life of the wastewater treatment facility to maintain the
capacity and performance for which such facilities were designed and
constructed.
(M)
DRAIN, BUILDING — The 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.
(N)
EASEMENT — An acquired legal right for the specified use of
land owned by others.
(O)
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.
(P)
GARBAGE — The residue from the preparation, cooking and dispensing
of food and from the handling, storage and sale of food products and
produce.
(Q)
GROUND GARBAGE — The residue from the preparation, cooking,
dispensing, handling, storage, and sale of food products and produce
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.
(R)
INCOMPATIBLE POLLUTANTS — Wastewater with pollutants that will
adversely affect the wastewater collection and treatment facilities
or disrupt the quality of wastewater treatment if discharged to the
wastewater collection and treatment facilities.
(S)
INDUSTRIAL USER — Per the Federal Register, Vol. 43, No. 188,
September 27, 1978, is quoted as follows:
(1)
Any non-governmental, 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:
(2)
After applying the sanitary waste exclusion (if the grantee
chooses to do so), discharges in the above divisions having a volume
exceeding 25,000 gpd or the weight of BOD, suspended solids or phosphorus
equivalent to that weight found in 25,000 gpd of sanitary wastes are
considered industrial users. Sanitary wastes are the wastes discharged
from residential users.
(3)
Any non-governmental user which discharges any wastewater containing
toxic pollutants or which has any other adverse effect on the treatment
works or receiving waters.
(4)
A commercial user of an EPA funded individual system.
(T)
INDUSTRIAL WASTE — Any solid, liquid, or gaseous substance
discharged or escaping from any industrial, manufacturing, or commercial
establishment. Such term includes any wastewater which is not sanitary
sewage.
(U)
INDUSTRY, MAJOR CONTRIBUTING — An industry that has a:
(1)
Flow of 50,000 gallons or more per average workday;
(2)
Flow greater than 5% of the flow carried by the wastewater collection
treatment facilities receiving the waste;
(3)
Material in its discharge included on a list of toxic pollutants
issued under § 283.21(1), Wis. Stats.; or
(4)
Significant impact, either singularly or in combination with
other contributory industries, on the wastewater treatment facility
or the quality of its effluent.
(V)
MUNICIPALITY — The Village of Somers Utility District or the
KR Utility District, or its legal successors and assigns, as may be
applicable.
(W)
NATURAL OUTLET — Any outlet, including storm sewers and combined
sewer overflows, into a watercourse, pond, ditch, lake, or other body
of surface water or groundwaters.
(X)
NON-RESIDENTIAL — Customer category which includes all sewer
users other than residential users. Non-residential customers include,
but are not limited to, public buildings, commercial establishments,
industrial establishments, recreation halls, municipal buildings,
club houses and funeral homes.
(Y)
NORMAL DOMESTIC STRENGTH WASTEWATER — Wastewater with BOD concentrations
no greater than 180 mg/l and suspended solids concentrations no greater
than 200 mg/l or concentrations of phosphorus greater than nine mg/l
and concentrations of oil or grease greater than 100 mg/l.
(Z)
OIL, FLOATABLE — 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.
(AA)
OPERATION AND MAINTENANCE COSTS — All costs associated with
the operation and maintenance of the wastewater collection and treatment
facilities, including administration and replacement costs, all as
determined from time to time, by the Municipality.
(BB)
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.
(CC)
PERSON — Any natural person, firm, company, municipal or private
corporation, association, society, institution, enterprise, governmental
agency or other entity.
(DD)
pH — The logarithm of the reciprocal of the hydrogen-ion 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.
(EE)
PHOSPHORUS — The total phosphorus and is expressed in mg/l
of P (Phosphorus).
(FF)
POLLUTANTS, COMPATIBLE — BOD, suspended solids, phosphorus,
nitrogen, pH or fecal coliform bacteria, plus additional pollutants
identified in the City of Racine or Kenosha Water Utility WPDES permit(s)
for its 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.
(GG)
POLLUTANTS, INCOMPATIBLE — Wastewater with pollutants that
will adversely affect or disrupt the quality of wastewater treatment
if discharged to a wastewater treatment facility.
(HH)
P.O.W.T.S. — Private on-site wastewater treatment systems,
which may be either privately owned and maintained or publicly owned
and maintained.
(II)
PUBLIC SEWER — Any publicly owned sewer, storm drain, sanitary
sewer, or combined sewer.
(JJ)
REPLACEMENT COSTS — Expenditures for obtaining and installing
equipment, accessories, or appurtenances which are necessary during
the useful life of the wastewater treatment system to maintain the
capacity and performance for which such facilities were designed and
constructed. Operation and maintenance costs include replacement costs.
(KK)
RESIDENTIAL — Customer category which includes family dwellings,
apartments, multi-family dwellings and mobile homes.
(LL)
SANITARY SEWAGE — A combination of liquid and water-carried
wastes discharged from toilets and/or sanitary plumbing facilities.
(MM)
SANITARY SEWER — shall mean a sewer that carries sewage or
wastewater.
(NN)
SEWAGE — The spent water of a person or community. The preferred
term is wastewater.
(OO)
SEWER — A pipe or conduit that carries wastewater or drainage
water.
(PP)
SEWER SERVICE CHARGE — A charge levied on users of the wastewater
collection and treatment facilities for payment of operation and maintenance
expenses, debt service payments, and other expenses or obligations
of said facilities.
(QQ)
SHALL — Is mandatory; "MAY" is permissible.
(RR)
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/or
adversely affects the wastewater collection system and/or performance
of any wastewater treatment facility.
(SS)
STANDARD METHODS — The examination and analytical procedures
set forth in the most recent edition of "Standard Methods for the
Examination of Water and Wastewater" published jointly by the American
Public Health Association, the American Water Works Association, and
the Water Pollution Control Federation.
(TT)
STORM SEWER OR DRAIN — A drain or sewer for conveying water,
groundwater, subsurface water, or unpolluted water from any source.
(UU)
STORMWATER RUNOFF — The portion of rainfall that is drained
into the sewers.
(VV)
SUSPENDED SOLIDS — The solids that either float on the surface
of or are in suspension in water, wastewater, or other liquids and
which are removable by laboratory filtering.
(WW)
TREATMENT AUTHORITY — The Kenosha Water Utility, for the Somers
Utility District and City of Racine Wastewater Utility for the Village
of Somers, K.R. Utility District or Village of Somers Village Board
for Village owned and operated P.O.W.T.S.
(XX)
UNPOLLUTED WATER — Water of quality equal to or better than
the effluent of the wastewater treatment facilities 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.
(YY)
WASTEWATER — The spent water of a community or person. 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 storm water that may be present.
(ZZ)
WASTEWATER COLLECTION FACILITIES (or "wastewater collection system")
— The structures and equipment required to collect and carry
away domestic and industrial wastewater.
(AAA)
WASTEWATER TREATMENT FACILITY — The Kenosha Water Utility
Wastewater Treatment Plant, or the City of Racine Wastewater Utility,
as may be the applicable authority for P.O.W.T.S.
(BBB)
WATER, UNPOLLUTED — Water of a quality equal to or better
than the effluent of the wastewater treatment facilities 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.
(CCC)
WATERCOURSE — A natural or artificial channel for the
passage of water, either continuously or intermittently.
(DDD)
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT(S)
— A document issued by the Wisconsin State Department of Natural
Resources which establishes effluent limitations and monitoring requirements
for a municipal wastewater treatment facility; within the context
herein, WPDES Permit refers to the permit issued to the City of Kenosha
Water Utility or that WPDES Permit issued to the City of Racine, as
may be applicable or such (WPDES) permit which is required by the
Wisconsin State Department of Natural Resources for large flow (P.O.W.T.S.).
(A)
Sanitary Sewers. No person(s) shall discharge or cause to be discharged
any unpolluted waters such as storm water, groundwater, roof runoff,
subsurface drainage, or cooling water to any sanitary sewer.
(B)
Storm Sewers. Storm water and all other unpolluted water shall be
discharged to such sewers as are specifically designated as storm
sewers, or to a nature outlet approved by the Approving Authority
and other regulatory agencies. Unpolluted industrial cooling water
or process waters may be discharged, on approval of the Approving
Authority and other regulatory agencies, to a storm sewer, combined
sewer, or natural outlet.
(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 publicly owned sewer system whether
municipal sewer or large scale (P.O.W.T.S.) which is being maintained
by the public authority.
(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, which could injure or interfere with any waste
treatment or sludge disposal process, constitute a hazard to humans
or animals, or create a public nuisance in the receiving waters of
any wastewater treatment facility.
(3)
Any waters or wastes having a pH lower than 5.5, or in excess
of 9.0, or having any corrosive property capable of causing damage
or hazard to structures, equipment, and personnel of the wastewater
collection facilities.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in public sewers or other interference
with the proper operation of the wastewater collection 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.
(5)
The following described substances, materials, waters, or waste
shall be limited in discharges to 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, limbs,
public property, or constitute a nuisance. The Approving Authority
may set limitations more stringent than those established below if
such more stringent limitations are necessary to meet the above objectives.
The Approving Authority will give consideration to the quantity of
subject waste in relation to flows and velocities in the sewers, materials
of construction of the sanitary sewers, and other pertinent factors.
Wastes or wastewaters discharged to the sanitary sewers shall not
exceed the following limitations:
(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 Unground Garbage. 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 other toxic and nonconventional pollutants to such degree that
the concentration exceeds levels specified by federal, state and local
authorities.
(f)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the Approving Authority or limits
established by any federal or state statute, rule, or regulation.
(g)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Approving Authority in compliance
with applicable state or federal regulations.
(h)
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.
(i)
Any waters or wastes which, by interaction with other waters
and 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.
(j)
Materials which exert or cause:
(i)
Unusual BOD, chemical oxygen demand, or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment facility.
(ii)
Unusual volume of flow or concentration of wastes
constituting "slugs" as defined herein.
(iii)
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).
(iv)
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(k)
Incompatible pollutants in excess of the allowed limits as determined
by city, state, and federal laws and regulations in reference to pretreatment
standards developed by the Environmental Protection Agency, and as
contained in 40 CFR 403, as amended from time to time.
(D)
Wisconsin Pollutant Discharge Elimination System (WPDES) Permit.
No person shall cause or permit a discharge into the sanitary sewers
that would cause a violation of any WPDES permit and any modifications
thereto.
(E)
Special Arrangements. No statement contained in this chapter shall
be construed as prohibiting any special agreement between the Approving
Authority and any person whereby a 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 Municipality without recompense by the person; and
further provided that all rates and provisions set forth in this chapter
are recognized and adhered to; and further provided that such special
agreement is approved in advance by the Village of Somers Board of
Trustees, sitting as Commissioners of the Somers Utility District
or the KR Utility District and such other approvals, if any, as may
be required by the Kenosha Water Utility or the Village of Mount Pleasant
or the City of Racine Wastewater Utility.
(F)
Disposal of Human and Liquid Waste.
(1)
No person shall build, erect, maintain, occupy or use any residence,
place of business or other building in the Village where persons reside,
congregate or are employed, without providing, for the use of such
occupants, adequate and properly maintained water closets and sinks
conforming to the state plumbing code and local plumbing regulations.
(2)
The owner or agent of every building in the Village used for
human habitation, which abuts any street, alley or way along which
there is a sewer main or in a block through which a system of waterworks
or sewage, or both, extends, or is within 200 feet of a sewer main,
shall connect with the sewer main, if present, and shall connect all
toilets, bathtubs, lavatories, sinks, urinals and similar devices
with such sewer in accordance with the state plumbing code and such
additional local rules and regulations not inconsistent with such
code. If any owner or agent fails to comply for more than 10 days
after notice, in writing, the Village may cause such connection to
be made, and the expense for such connection shall be assessed as
a special tax against the property. Within 30 days after completion
of the work, the owner may file a written option with the Clerk/Treasurer
stating he cannot pay such amount in one sum, and asking that it be
levied in not to exceed five equal, annual installments, and the amount
shall be so collected with interest at the current legal rate per
annum from the completion of the work, and the unpaid balance shall
be a special tax lien.
(3)
No person shall build, erect, construct or maintain any cesspool,
septic tank or private system for the disposal of human excreta, liquid
waste or water upon any lot or premises abutting any street, alley
or way along which there is a sewer or water main or in a block through
which a system of water works or sewage, or both, extends, or is within
200 feet of a sewer main.
(G)
New Connections. New connections to the Municipality's sanitary sewer
system will be allowed only if there is available capacity in all
of the downstream wastewater collection and treatment facilities.
(H)
Dilution of Discharge Prohibited. No person discharging into the
wastewater collection facilities shall increase the use of potable
or process water or mix separate wastewaters for the purpose of diluting
prohibited wastewater as a partial or complete substitute for pretreatment
or to otherwise avoid compliance with or circumvent this rule.
(I)
Disposal of Septic Tank Sludge and Holding Tank Sewage. No person
shall transfer septic tank sludge or holding tank sewage into any
disposal area or public sewer.
(J)
Appeals.
(1)
Any user, permit applicant or permit holder affected by any
decision, action or determination, including cease and desist orders,
made by the Approving Authority interpreting or implementing the provisions
of this article, or in any permit issued under this article, may file
a written request for reconsideration with the Approving Authority
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 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 the request.
If the ruling on the request for reconsideration made by the Approving
Authority is unsatisfactory, the person requesting reconsideration
may, within 10 days after notification of the action, file a written
appeal with the sewer commissioners of the Village.
(2)
A fee as set by the Village Board shall accompany any appeal
to the sewer commissioners for their ruling. The fee may be refunded
if the appeal is sustained in favor of the appellant.
(3)
The written appeal shall be heard by the sewer commissioners
within 45 days from the date of filing. The sewer commissioners shall
make a final ruling on the appeal within 60 days from the date of
filing.
(A)
Submission of Basic Data. The Approving Authority may require each
person who discharges or seeks to discharge industrial wastes to a
public sewer or municipally operated (P.O.W.T.S.) to prepare and file
with the Approving Authority, at such times as it determines, a report
that shall include pertinent data relating to the quantity and characteristics
of the wastes discharged to the wastewater collection and treatment
facilities. In the case of a new connection, the Approving Authority
may require that this report be prepared prior to making the connection
to the public sewers. Industrial discharges are further subject to
all rules and regulations of the Kenosha Water Utility or Racine Wastewater
Utility.
(B)
Industrial Discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers or municipally operated (P.O.W.T.S.), which waters or wastes contain substances or possess the characteristics enumerated in § 13.52, above, and which in the judgment of the Approving Authority have a deleterious effect upon the wastewater collection and treatment facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the Approving Authority may:
(1)
Reject the wastes,
(2)
Require pretreatment to an acceptable condition for discharge
to the publicly owned sewer systems whether municipal or P.O.W.T.S.,
(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 this sub-chapter.
(C)
Control Manholes. Each person discharging industrial wastes into
a public sewer or municipal (P.O.W.T.S.) shall, at the discretion
of the Approving Authority, construct and maintain one or more control
manholes or access points to facilitate observation, measurement,
and sampling of wastes, including sanitary sewage.
Control manholes or access facilities shall be located and built
in a manner acceptable to the Approving Authority. If measuring and/or
sampling devices are to be permanently installed, they shall be of
a type acceptable to the Approving Authority.
Control manholes, access facilities, and related equipment shall
be installed by the person discharging the waste, at the person's
expense, and shall be maintained by the person 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.
(D)
Metering of Waste. Devices for measuring the volume of waste discharged
may be required by the Approving Authority if this volume cannot otherwise
be determined from other methods. Metering devices for determining
the volume of waste shall be installed, owned, and maintained by the
person discharging the wastewater. Following approval and installation,
such meters may not be removed without the consent of the Approving
Authority.
(E)
Waste Sampling. Industrial wastes discharged into the public sewers
or municipally operated (P.O.W.T.S.) 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 Approving Authority. Sampling manholes
shall be required at all industrial and commercial sites with cost
of installation borne by the owners of said businesses.
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. 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 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.
(F)
Pretreatment.
(1)
Persons discharging industrial wastes into any public sewer
or municipally operated (P.O.W.T.S.) may be required to pretreat such
wastes, if the Approving Authority determines pretreatment is necessary
to protect the wastewater collection and treatment facilities or prevent
the discharge of incompatible pollutants. The Approving Authority
shall review the admission of any waters or wastes having:
(a)
A five-day biochemical oxygen demand greater than 300 milligrams
per liter, or
(b)
Containing more than 350 milligrams per liter of suspended solids,
or
(c)
Containing any quantity of substances having the characteristics described in § 13.52(C) of this Code, or
(d)
Having an average daily flow greater than 2% of the average
daily sewage flow of the entire Municipality.
(2)
Where necessary in the opinion of the Approving Authority, the
owner shall provide at his expense, such preliminary treatment as
may be necessary to:
(a)
Reduce the biochemical oxygen demand to 300 milligrams per liter,
or
(b)
Reduce the suspended solids to 300 milligrams per liter, or
(c)
Reduce objectionable characteristics or constituents to within the maximum provided for in § 13.52(C) of this Code, or
(d)
Control the quantities and rates of discharge of such waters
or wastes.
(3)
Plans, specifications, and any other pertinent information relating
to proposed preliminary treatment facilities shall be submitted for
approval to the State Division of Health of the State of Wisconsin,
the Wisconsin Department of Natural Resources and all the Approving
Authorities. No construction of such facilities shall be commenced
until said approvals are obtained in writing.
(4)
Such pretreatment or processing facilities as may be determined
necessary to render wastes acceptable for admission to the sanitary
sewers shall be provided at the user's expense.
(G)
Grease, Oil, and Sand Interceptors. 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 containing
floatable grease in amounts in excess of those specified in this sub-chapter,
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 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 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 rules and regulations.
Every grease, oil and/or sand interceptor shall be inspected and cleaned
not less frequently than every five years by either a representative
of the Approving Authority or a licensed plumber in the State of Wisconsin
and, in either case, a detailed written report shall be submitted
to the Approving Authority following the inspection and cleaning.
(H)
Analyses. 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 the methods stated in the Wisconsin
Administrative Code NR 219 "Analytical Test Methods and Procedures",
as may be amended or replaced from time to time. Sampling methods,
location, time, durations, and frequencies are to be determined on
an individual basis subject to approval by the Approving Authority.
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or the person's
agent, as designated and required by the Approving Authority. The
Approving Authority may also make its own analyses on the wastes,
and these determinations shall be binding as a basis for sewer services
charges.
However, when the Municipality has an agreement with an industry,
the Municipality will determine the character and concentration of
the wastes according to the terms and conditions of the agreement.
(I)
Submission of Information. Plans, specifications, and any other pertinent
information relating to proposed flow equalization, pretreatment,
or grease and/or sand interceptor facilities shall be submitted for
review and approval of the Approving Authority prior to the start
of their construction if the effluent from such facilities is to be
discharged into the public sewers. No construction of such facilities
shall commence until said approval has been granted.
(J)
Accidental Discharges. Each industrial discharger shall provide protection
from accidental discharge of prohibited or regulated materials or
substances established by this ordinance. Where necessary, facilities
to prevent accidental discharge of prohibited materials shall be provided
and maintained at the discharger's cost and expense. Detailed plans
showing facilities and operating procedures to provide this protection
shall be submitted to the Approving Authority for review and shall
be approved by the Approving Authority before construction of the
facility. Review and approval of such plans and operating procedures
by the Approving Authority shall not relieve the discharger from the
responsibility to modify its facility as necessary to meet the requirements
of this ordinance.
Dischargers shall notify the Approving Authority immediately
upon the occurrence of a "slugload", or accidental discharge of substances
prohibited by this ordinance. The notification shall include location
of discharge, date and time thereof, type of waste, concentration
and volume, and corrective actions. Any discharger who discharges
a slugload of prohibited materials shall be liable for any expense,
loss or damage to the wastewater facilities or wastewater treatment
works, in addition to the amount of any fines imposed on the Authority
on account thereof under state or federal law.
Signs shall be permanently posted in conspicuous places on discharger's
premises, advising employees whom to call in the event of a slug or
accidental discharge. Employers shall instruct all employees who may
cause or discover such a discharge with respect to emergency notification
procedure.
(A)
Basis. It is hereby determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare and convenience
of the Somers Utility Districts to levy and collect charges, rentals,
or rates of service upon all the lands, lots, and premises within
the Somers Utility Districts.
(B)
Classification of Sewer Users. Sewer users shall be classified as either residential or non-residential users as defined in § 13.51.
(C)
Category B Users. Category B users shall be charged a surcharge,
in addition to the volume charge, based on the prevailing Category
B service charges for BOD, suspended solids and phosphorus.
(D)
Operation, Maintenance and Bond Redemption Fund Accounts. All sewer
service charge revenues collected for bond redemption shall be deposited
in a separate and distinct fund. All sewer service charge revenues
collected for other operation and maintenance expenses shall also
be deposited in a separate and distinct fund.
(E)
Charge for Pollutants. Any person discharging pollutants which cause
an increase in the cost of managing the effluent or sludge from the
Utility's wastewater treatment system shall pay for such increased
costs, as may be determined by the Commissioners of the applicable
Utility.
(F)
Conflict with Federal Rules and Regulations. The sewer charge system
shall take precedence over any terms or conditions of preexisting
agreements or contracts between the Municipality and any person, which
are inconsistent with § 204(b)(1)(A) and 40 CFR Subpart
E of the Clear Water Act.
(A)
Category A Customers. The user charge rates for Category A customers
are as depicted in Appendix "A" attached hereto.
(B)
Category B Customers. The user charge rates for Category B customers
are as depicted in Appendices "B" and "B-1" attached hereto.
[Amended 12-14-2021 by Ord. No. 2021-033]
(C)
Category Reassignment. The Approving Authority will reassign sewer
users into appropriate sewer service charge categories if wastewater
flow monitoring and sampling programs or other related information
indicate a change of categories is necessary.
(D)
Residential Equivalent Unit (REU). All metered and unmetered Category
A or Category B users shall be assigned a Residential Equivalent Unit
(REU) number for billing purposes, as is exhibited on the attached
Appendices "B" and "B-1." All single-family residential homes, duplexes,
condominium units and townhouses will be assigned one REU per dwelling
unit. Each multifamily apartment building shall be assigned the requisite
number of REUs based upon the following formula:
[Amended 12-14-2021 by Ord. No. 2021-033]
|
1st unit =
|
1 REU
|
|
2 through 4 units=
|
Number of units x 80% per fixed charge
|
|
5 or more units =
|
Number of units x 70% per fixed charge
|
|
Example -
|
10 unit apartment building - 1st unit = 1 REU
|
|
Units 2 through 4 = 3 REUs x 80% = 2.4 REUs
| |
|
Units 5 through 10 = 6 REUs x 70% = 4.2 REUs
| |
|
Total REUs of 7.6 REUs
| |
|
All fractional REUs will be rounded up if greater than 0.5 to
the next whole number and if 0.5 or less, rounded down to the next
whole number.
| |
(E)
Sewer Users Served by Private Wells.
(1)
If any residential customer discharging into the sanitary sewers
procures all or any part of the water from sources other than the
Somers Water Utility, all or part of which is discharged into the
sanitary sewers, the customer shall have an assumed water usage of
288 gallons per day per residential unit (REU), for billing purposes.
(2)
If any commercial or industrial customer discharging wastewater
into the sanitary sewers procures any part or all of his water from
sources other than the Somers Water Utility, all or part of which
is discharged into the sanitary sewers, the customer shall have water
meters installed by the Somers Water Utility at the customer's expense
for the purpose of determining the volume of water obtained from these
sources. Where sewer meters are installed, water meters will not be
required. The water meters shall be furnished by the Somers Water
Utility and installed under its supervision, all costs (including
meter cost) being at the expense of the person requiring the meter.
(F)
Deduct Meters. If an industrial user feels that a significant amount
of metered water does not reach the sanitary sewer, the user, at user's
expense, with approval of the Approving Authority, install such additional
meters or metered services as are necessary to calculate the volume
of water not discharged to the sanitary sewer. Metered water not discharged
to the sanitary sewer shall not be subject to sewer service charges.
Request to install additional meters must be made in writing to the
Approving Authority.
(G)
Identification of Service Charge Units. Non-residential users of
the sewer system who, in addition to their primary usage have residential
units located on the premises, shall be billed for one sewer service
charge unit for each residential unit which is located at such premises
in addition to the user charge units designated for such premises.
(H)
Multiple Uses. Every location which has multiple uses, whether multiple
residential uses or residential uses incidental to another use, shall
be billed separately for each use or assigned an appropriate REU value,
as depicted on Appendix "B".
(A)
Calculation of Sewer Service Charges. Sewer service charges shall
be computed according to the rates and formula presented in this chapter.
(B)
Billing and Payment. Sewer service charges shall be billed by the
Municipality to the sewer users on a quarterly basis. Those persons
billed shall pay such charges by the date fixed for final payment.
(C)
Delinquent Payments. A penalty of 1.5% per month shall be added to
all bills not paid by the date fixed for final payment.
(D)
Remedies for Failure to Make Payments.
(1)
Suit. Sewer service charges or other charges due from any person
or user shall be deemed to be a debt due to the Municipality from
that person or user. If sewer service charges or other charges are
not paid when due, the Municipality may commence an action in a court
of competent jurisdiction; and recover from such person or user the
amount for charges or fees, and damages, if any, sustained by the
Municipality as a result of such failure to pay, together with such
costs and expenses as may be allowed by law.
(2)
Lien on Property. As an alternative to the above, the Municipality
may direct that unpaid sewer service charges or other charges due
from any person or user, shall be collected and taxed and shall be
a lien upon the property served in the manner provided for in § 66.0809(2),
Wis. Stats., as amended from time to time.
(E)
Obligation for Payment. The obligation for payment of the bills where
the user is a non-property owner shall be that of the user. In the
event of non-payment, the property owner shall be liable for the bill
and the unpaid bill shall remain a lien against the property serviced
until paid in accordance with this Chapter. The Municipality may send
the bill for a user, who is a tenant, in care of the property owner
who shall thereupon determine the method in which the payment shall
be assured.
(A)
Right of Entry. The Approving Authority, Village Administrator or
other duly authorized employees of the Municipality, bearing proper
credentials and identification, shall be permitted to enter all properties
for the purpose of inspection, observation or testing, all in accordance
with the provisions of this Chapter.
(B)
Identification and Right to Enter Easements. The Approving Authority
or other duly authorized employees of the Municipality, bearing proper
credentials and identification, shall be permitted to enter all private
properties through which the Municipality holds an 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 such
easement.
(A)
Connection to Public Sewer.
(1)
Requirement. The owner of all houses, buildings, or properties
used for human habitation, occupancy, employment, recreation, business
or any other purposes, situated within the Village's current 208 service
area and abutting on any streets, alley or right-of-way in which a
public sewer is located, or in which the extension of the public sewer
shall be deemed feasible by the Approving Authority, is hereby required
at his expense to install suitable toilet facilities therein, and
to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Chapter, within 12 months after
date of official notice to do so. There shall be no occupancy of any
building until sewers have been connected to a sanitary disposal system.
(2)
Fee. The connection fee shall be as delineated on the attached
Appendix "C" attached hereto.
(B)
Private Sewage Disposal.
(1)
Observation and Inspection. Except as hereinafter provided,
it shall be unlawful to construct or maintain any privy, privy vault,
cesspool, or other facility intended or used for the disposal of sewage
or human excrement.
(2)
Public Sewer Unavailable. Where a public sanitary sewer is certified
by the Approving Authority as not available to serve any house, building,
or property, the building sewer shall be connected to a private sewage
disposal system complying with the provisions set forth by the Wisconsin
State Division of Health, the Wisconsin Department of Natural Resources,
and the rules, regulations and orders of the Village of Somers and
all amendments thereto, together with the applicable regulations of
the County of Kenosha sanitary code which is hereby made a part of
this ordinance.
(3)
Permit. Permit for any septic tank, holding tank, mound system or alternate treatment system intended or used as a means of private sewage disposal may be issued by the Sanitarian for the County of Kenosha only after certification by the Approving Authority that public sewers are not available to serve the property where it is proposed to install such a private sewage disposal system as described in subsection (B)(1) of this section.
(4)
Discontinuing Private Disposal. At such time as a public sewer
becomes available to a property served by a private sewage disposal
system, a direct connection shall be made to the public sewer in compliance
with this chapter, and any septic tanks, cesspools, and similar private
sewage disposal facilities shall be abandoned and filled with suitable
material in accordance with all applicable state, county and local
statutes, ordinances, rules and regulations.
(5)
Operation. The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all times, at no
expense to the applicable Utility. If the disposal system P.O.W.T.S.
is municipally operated, then the benefitted property owners shall
share in the costs of operation based on flows as determined by the
Utility.
(6)
Additional Regulations. No statement contained in this section
shall be construed to interfere with any additional requirements that
may be imposed by the Approving Authority or Building Inspector of
the Village of Somers.
(C)
Building Sewers and Connections.
(1)
Observation and Inspection. The Board hereby authorizes its
Utility or their designated representative under the direction of
the Board of Commissioners of the Utility to perform an inspection
of the drainage, drain laying and sewer connections, and to enforce
all laws, ordinances and rules in relation thereto and to assist the
Kenosha County Sanitarian in enforcement of P.O.W.T.S. system regulations.
The Utility has the right to contract with an independent consulting
engineer for the above described services with the costs absorbed
by the benefitted property.
(2)
Permit for Work. No unauthorized person shall uncover, make
any connections with or opening into, use, alter or disturb any public
sewer or Utility run P.O.W.T.S. system or appurtenances thereof without
first obtaining a written permit from the Approving Authority.
(3)
Connection Permit. No connection shall be made to any of the
sewers of the Utility from any building, premises, excavation place,
or property of any kind by any drain, top, or sewer intended or designed
to, or capable of, discharging matter, whether fluid or solid, into
the sewers of the Utility unless a permit has first been issued therefore
by the Village Building Inspector.
(4)
Private or Municipal P.O.W.T.S. Disposal Permit. No private
or municipal P.O.W.T.S. sewage disposal system shall be installed
unless a permit has first been issued therefor by the Kenosha County
Sanitarian.
(5)
Application for Permit. The applicant for a sewer connection permit or private sewage disposal system shall file a written application for each permit with the Village Building Inspector for approval. Before the Utility shall issue such permit or approve the application so filed with them, a fee in accordance with Chapter 14 of the Code of Ordinances of the Village of Somers shall be collected from the applicant to cover inspection costs, and the Approving Authority shall inspect the premises covered by the application.
(6)
Classes of Permits. There shall be two classes of building sewer
connection permit fees for municipal sewer in accordance with Appendix
"C" attached hereto.
(a)
Permits for residential service.
(b)
Permits for non-residential service.
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In either case, the owner or his agent shall make application
on a form furnished by the Utility. The permit application shall be
supplemented by plans, specifications, or other information considered
pertinent in the judgment of the Approving Authority.
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(7)
Open Lots, Connections. No permit shall be issued to connect
with any sanitary sewer system whether public or P.O.W.T.S. of any
lot, excavation or open basement. No permit shall be issued to connect
any building with the sanitary sewer until such building is completely
enclosed by roof, the outside wall backfilled to established grade,
and all sanitary sewer lines within buildings that will be covered
by basement floors have been inspected and approved by the Building
Inspector and after the permanent floor has been constructed in the
basement. In buildings without basements, the permit shall be issued
after the footing and the subfloor have been constructed.
(8)
Expense. All costs and expenses incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Utility from any loss or damage that
may directly or indirectly be occasioned by the installation of the
building sewer.
(9)
Existing Sewers. Existing building sewers may be used in connection
with new buildings or building additions only when they are found
on examination and test by the Approving Authority to meet all requirements
of this Chapter. No two buildings shall be allowed to connect or remain
connected to the same public municipal sewer lateral.
(10)
Sump Pumps. It shall be unlawful to connect any foundation drainage
system to any sanitary sewer system. It shall be unlawful to willfully
allow any sump pump to be connected to any sanitary sewer.
(11)
Material, Building Sewer. The building sewer shall be Polyvinyl
Chloride (PVC) Pipe, ASTM Specification D-3034 SDR35; cast iron soil
pipe ASTM Specification A74-42 or equal; or other suitable material
approved by the Building Inspector. Joints shall be tight and waterproof.
Cast iron pipe with leaded joints may be required by the Building
Inspector where the building sewer is exposed to damage by tree roots.
If installed in filled or unstable ground, the building sewer shall
be of cast iron soil pipe, except that a non-metallic material may
be accepted if laid on a suitable rock bed or cradle as approved by
the Building Inspector.
(12)
Excavations. All excavations required for the installation of
a building sewer shall be open trench work unless otherwise approved
by the Inspector. Pipe laying and backfill shall be performed in accordance
with ASTM D-2321 Specifications and with regulations as set forth
in the building and plumbing codes in force at the time of installation,
except that no backfill shall be replaced until the work has been
inspected.
(13)
Joints. All joints and connections made in laying sewer and
drain pipes shall be made gas-tight and water-tight. Jointing material
approved by the State Plumbing Code contained in the Wisconsin Administrative
Code, shall be acceptable.
(14)
Lifts. In buildings which do not permit gravity flow to the
public sewer, sanitary sewage may be lifted by approved artificial
means and discharged to the building sewer at the expense of the building
owner. Each building owner shall request approval from the Utility
prior to connecting any pumping equipment.
(15)
Connection at "Y". The connection of the building sewer into
the public sewer shall be made at the provided "Y" branch. If no suitable
"Y" branch is available, a nest hole may be cut into the public sewer
to receive the building sewer with entry in the downstream direction
at any angle of about 45°. A 45° ell may be used to make such
connection with the spigot and cut so as not to extend past the inner
surface of the public sewer. The invert of the building sewer at the
point of connection shall be at the same or at a higher elevation
than the invert of the public sewer. All such cut-ins shall be done
with a sewer tapping machine with fittings applied with epoxy compound.
Special connections may be used for the connection only when approved
by the Approving Authority. If the public sewer is broken or damaged
in any manner by making a connection, the owner shall replace all
damaged pipe in the public sewer at his expense.
(16)
Slope of Sewer. The size and slope of the building sewer shall
be subject to the approval of the Building Inspector, but in no event
shall the diameter be less than four inches. The slope of such pipe
shall be not less than 1/8 inch per foot.
(17)
Depth. Building sewer shall be so laid as to attain a seven
foot depth to the lot line, except where the public sewer main is
less than seven feet deep and a lesser depth for the building sewer
is determined by the Approving Authority.
(18)
Replacing Street Surface. All paved street crossings shall be
bored as to not disturb the pavement except with approval of the Approving
Authority. When opening any street surface or other public way, all
material for paving and ballasting must be removed with the least
possible loss of surfacing material and such material, together with
the excavated material from the trenches, or otherwise, must be placed
where it will cause the least inconvenience to the public. All such
materials must be so placed that they will permit free passage of
water along the gutters or ditches and the road or street must be
at all times kept open for traffic. No more than the necessary amount
of the trench may be dug until the slant or junction piece to the
sewer is found. The backfilling must be puddled and the paving and
ballast must be replaced in as nearly the original condition as possible,
and to the satisfaction of the Approving Authority. All excavation
for building sewers shall be adequately shored or braced to prevent
the side walls from caving. When caving occurs, all of the street
surface thus disturbed must be restored in the same careful manner
as though it were any excavation or trench. When any excavation is
made in the graveled or paved surface of a road or street, and the
shoulder thereof, the spoils excavated must be removed and the excavation
entirely backfilled with slurry thoroughly wet and consolidated. Any
tunnels dug in gravel roads or pavement shall be backfilled with concrete,
subject to the approval of the Building Inspector.
(19)
Protection of the Public. Every contractor must enclose each
opening which he may make in the roads, streets, or public ways, with
sufficient barriers. Yellow lights shall remain illuminated from sunset
to sunrise, one yellow light to be placed at each end of openings
in streets, and the other lights to be placed in intervals of 10 feet.
All necessary precautions shall be taken to guard the public effectively
from accident or damage to persons or property for the duration of
the project. Contractors and owners will be held liable for all damages,
including costs incurred by the Utility or the Village in defending
any action brought against them for damages and costs and of any appeal
thereon that may result from the neglect of agents or employees of
said plumber or himself, or any necessary precaution against injury
or damage to persons, livestock, vehicles or property of any kind.
Prior to the issuing of a permit, the Approving Authority shall require:
(a)
A performance and completion bond in the sum of $5,000, insuring
that the opened roads, streets, or public ways will be returned to
their original condition.
(b)
Satisfactory evidence that the person, firm, or corporation
applying for such permit carries public liability insurance in the
sum of at least $250,000, for injury to one person and $500,000, for
one accident.
(20)
Location of Sanitary Connections. No person except a licensed
plumber, as herein provided, shall be permitted to tap or make any
connection with the general sewerage system or any part thereof. Such
information as the Building Inspector or Engineer for the Utility
may have with regard to the location of sewer junctions or slants
will be furnished to plumbers, the Utility assuming no risk as to
the accuracy of the same.
(D)
Plumber's License. No person, firm or corporation shall carry on
the business of plumbing or installation of plumbing or sewer connections
or drain laying or do or perform any such work within the limits of
the Village, until properly licensed by the State Division of Health,
as required by law and as set forth in the Wisconsin State Plumbing
Code a contained in the Wisconsin Administrative Code, and upon request
shall exhibit the license to the Building Inspector.
(E)
Inspection of Connection. The person making a connection to a public
sewer or municipal P.O.W.T.S. shall notify the Building Inspector
when the building sewer is ready for inspection and connection to
the respective sewer system. The connection shall be inspected and
approved by the Building Inspector prior to use of the building sewer.
(A)
Biennial Audit. The Utility shall review, at least every two years,
the wastewater contribution of its sewer users, the operation and
maintenance expenses of the wastewater collection facilities, and
the sewer service charge system. Based on this review, the Utility
shall revise the sewer service charge system, if necessary, to accomplish
the following:
(1)
Maintain a proportionate distribution of operation and maintenance
expenses among sewer users based on the wastewater volume and pollutant
loadings discharged by the users;
(2)
Generate sufficient revenues to pay the operation and maintenance
expenses of the wastewater collection facilities; and
(3)
Apply excess revenues collected from a class of users to the
operation and maintenance expenses attributable to that class of users
for the next year and adjust the sewer service charge rates accordingly.
(B)
Annual Notification. The Utility shall, by detailed publication in
a newspaper of general circulation, notify its sewer users annually
about the sewer service charge rates. The notification shall show
what portion of the rates are attributable to the operation and maintenance
expenses, and the depreciation and return-on-investment costs of the
wastewater collection facilities.
(C)
Records. The Utility shall maintain records regarding wastewater
flows and loadings, costs of the wastewater collection and treatment
facilities, sampling programs, and other information which is necessary
to document compliance with 40 CFR 35, Subpart E of the Clean Water
Act.
The following procedure shall be adhered to when new land developments require publicly owned and operated sewer systems where such development is subject to the provisions of Chapter 18 of these ordinances (Land Division and Platting Control):
(A)
The Municipality, upon written request and submittal of a preliminary
development plan by the owner, will authorize the District's engineers
to prepare a preliminary cost estimate of required utilities for the
purpose of determining the amount of the cash deposit required of
the developer for additional engineering work.
(B)
Upon deposit with the Utility of 15% of the preliminary cost estimate
by the owner, the Municipality will then authorize the District's
engineers to prepare detailed plans and specifications for the required
utilities. Upon completion of the plans and specifications, copies
will be forwarded to all state approving agencies, the District and
the owner.
(D)
Following approval of the plans, the Municipality shall authorize
advertising the project for construction bids and shall receive such
bids all in accordance with state statutes.
(E)
Upon receipt of construction bids and the determination of the lowest
responsible bidder, the District shall inform the owner of the amount
of such bid and the name of the contractor to whom the contract shall
be awarded should the project proceed. Should the owner determine
that the cost of the proposed project is over that which the owner
wishes to invest, all bids will be rejected, the contract will not
be awarded, and the project canceled. All the costs incurred by the
Utility for engineering, legal and administrative expenses up to this
point will be deducted from the owner's 15% deposit and any monies
remaining shall be returned to the owner.
(F)
If the owner elects to proceed with construction of the project,
the owner shall deposit with the District, a total of 125% of the
construction bid less that amount previously deposited for preparation
of plans and specifications. This may be made in the form of a cash
deposit or an irrevocable letter of credit acceptable to the Village
Attorney, at the Approving Authority's option.
(1)
Following deposit of the necessary funds to cover construction
of the project and all expenses to be incurred by the District, including
engineering, legal, administrative and contingencies, the District
shall then award the project to the lowest responsible bidder and
enter into a contract with the successful contractor all in accordance
with state statutes.
(2)
Upon completion of the construction project, the District shall
take possession and ownership of the sewer lines or P.O.W.T.S. system
if it is to be municipal run and determine the final costs based on
the "as built" quantities. Any monies remaining on deposit shall be
returned to the owner. If sufficient funds for payment of all costs
are not available from the deposited funds, the owner shall deposit
the required additional amounts upon demand by the District within
10 days or as specified within a Developer's Agreement.
(A)
Written Notice of Violations. Any person found to be violating any
provision of this ordinance shall be declared a public nuisance and
shall be served by the Utility 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)
Abatement of Nuisance Without Notice. If the Utility determines that
a public nuisance exists within the Utility and that there is great
and immediate danger to the wastewater collection and treatment facilities
or the public health, safety, peace, the 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.
(C)
Discharge of Prohibited Wastewater. Any person who shall discharge,
or cause to be discharged, into the collection system, prohibited
wastewater, as defined in this ordinance, shall immediately orally
notify the Approving Authority or the Building Inspector and shall
advise of the date, time, place and cause of such prohibited discharge,
the nature, volume and concentration and any corrective action taken.
The oral notice shall be reduced to writing and submitted to the Utility
within 10 days of the accidental discharge. In addition thereto, any
person who shall be found responsible for allowing an unauthorized
discharge into the sanitary sewer system, and which causes damage
to the system or the treatment facility, shall in addition to any
fine or forfeiture, be responsible for any damages to the collection
system or treatment facility resulting from an unauthorized discharge
into the sanitary sewer system.
(D)
Septage Discharge Prohibited. No person shall, in any manner whatsoever,
discharge any septic tank sludge, holding tank sewerage or leachates
into any of the municipal sanitary sewer collection systems of the
Utility.
(E)
Kenosha Wastewater Regulations. As a condition of the agreement between
the Somers Utility Districts and the Kenosha Water Utility, the Utility
is required to comply with Rule 53 set forth in the discharge rules
and regulations of the Kenosha Wastewater Treatment Facility as currently
set forth in Ordinance #32.08. Said rules and regulations and any
amendments thereto are hereby adopted as a part of this ordinance
by reference, a copy of said rules and regulations being attached
hereto and marked Appendix "D". In the event of a conflict in the
interpretation of Rule 53 and this ordinance, whichever ordinance
requires the most restrictive condition shall apply.
(F)
Racine Wastewater Regulations. As a condition of the agreement between
the KR Utility District and the Village of Mount Pleasant, Racine
County, the KR Utility is required to comply with the discharge rules
and regulations of the City of Racine Wastewater Utility as set forth
in the Code of Ordinances of the City of Racine. Said rules and regulations
and any amendments thereto are hereby adopted as a part of this ordinance
by reference, a copy of said rules and regulations being attached
hereto and marked Appendix "E". In the event of a conflict in the
interpretation of the rules contained in said Appendix "E" and this
ordinance, whichever ordinance requires the most restrictive condition
shall apply.
(G)
Penalties for Violations. Any person who shall be convicted of any
violation of this ordinance shall, forfeit not less than $100 nor
more than $500, together with the costs of prosecution for the first
violation and not less than $500 nor more than $1,000, together with
the costs of prosecution for conviction of a second violation of this
ordinance within one year of the first conviction. 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.
In addition to any fine or forfeiture, any person, corporation
or other entity violating any provisions of this ordinance shall become
liable to the Utility for any expense, loss or damage by reason of
such violation.
(A)
Extensions to existing sewer mains or construction of a municipal
P.O.W.T.S. shall be initiated by written request to the Village Administrator.
(B)
By submitting a written request, the owner agrees to pay the proportionate
share of the estimated cost of making such extension.
(C)
When the Board shall have ordered the construction of any municipal
sewer system extension or new P.O.W.T.S., it shall become part of
the sanitary sewer system, the cost of the improvement shall be assessed
against the lots, parts of lots or parcels of land which front upon
the proposed line of the sewer main and which are specifically benefitted
thereby. Special assessments for sewer mains shall be in accordance
with the procedures under § 66.0703, Wis. Stats.
(D)
When the cost of a sewer main extension has been determined, following
notice and public hearing, notices of special assessment shall be
mailed to the abutting property owners at the address appearing in
the application. Bills for such special assessments shall be mailed
following completion of construction and acceptance of the sewer.
If such assessments have not been paid by October 1 of the year in
which rendered, the amount of such assessments shall be certified
to the Village Clerk/Treasurer by the Utility Financial Manager and
the Clerk/Treasurer shall charge the amounts on the tax rolls of the
Village to the property described to be collected according to law
for the collection of general taxes.
(E)
The amount assessed against any property shall be computed on a front
footage basis using the total cost of the improvement including the
construction cost for the size of main required to adequately serve
and benefit the property as determined by the Board, but in no case
shall such main be less than eight inches nor shall such main be larger
than 12 inches. The costs of engineering and legal services and any
other item of direct or indirect cost which is attributed to the improvement,
including the cost of that portion of the sewer main in intersections
of streets and alleys, shall be included in computing the costs of
the improvement.
(F)
Where density of prospective customers does not warrant immediate
assessment for the mains, extensions will be made on a customer financed
basis. The Board will notify affected property owners of the impending
deferred assessment and public hearing. Following the public hearing
and appropriate Board action, all affected property owners will be
notified of the deferred assessment as appropriate and become payable
when the property is actually hooked up to the main or portions of
the property benefitted by its hookup or connection thereto.
(1)
The cost of the extension, including street intersections will
be determined and the total allocated to general service. This amount
will then be divided by the total assessable frontage of the project.
(2)
As additional customers are connected to a sewer main that was
originally paid for by customer contributions and not previously assessed,
the Board will require a contribution from each new customer. The
assessment rate shall be calculated using current prices for whatever
size main is installed. This amount shall then be refunded pro rata
to all customers along the extension whose remaining contribution
exceeds what would have been assessed under subs. (C) and (E). The
Board may make an assessment on the basis of area benefitted by the
main extension.
(3)
When extension of a customer-financed main is required to serve
a new customer, the new extension will be considered as an entirely
new project without refunds or other contribution connected with the
original extension.
(G)
When customers connect to sewer mains or a municipal P.O.W.T.S. constructed
at the expense of the Utility, there will be an assessment based on
a front foot cost or as may be determined by the Village Board on
a per lot basis for mains benefitting the parcel and a proportionate
share of any common filtration system of a P.O.W.T.S. an amount equal
to the averaged costs of the system in the area of the given project.
(H)
When the Board extends sewer mains for new customers on the basis
of subs. (C), (E) and (F) above, the Approving Authority shall determine
the required main size.
(I)
Nothing herein shall prevent the Board from entering into a development
agreement with the owner of a benefitted parcel or parcels which may
provide, among other things, for a different method of calculation
or imposition of special assessments for the extension of sewer services
to such benefitted parcel or parcels including, but not limited to,
provisions for oversizing of mains, deferral of assessments and the
posting of security to insure future performance.
Whenever the Village or one of its Utilities shall cause to
be constructed a water or sanitary sewer main or appurtenances thereto
in any highway, street, or right-of-way within the Village fronting
property which is zoned A-1 "agricultural", the special assessment
therefore will be deferred until such time as the property is rezoned
to other than A-1 "agricultural" zoning, unless a sewer connection
is made to a single-family dwelling or other building located on such
property, in which case the deferment shall extend to all but the
first 200 feet of such parcel. Two hundred feet of such otherwise
deferred parcel shall be subject to a current assessment consistent
with the terms and conditions of similarly assessed property for such
project. Should the A-1 "agricultural" parcel of real estate be split
into smaller parcels and/or rezoned for other uses, any deferred special
assessment shall immediately become due and payable, upon the terms
provided for in such final resolution levying special assessments,
upon the effective date of such rezoning or land division.
Public sewer system facilities shall be required for land divisions
located within reasonable proximity to such facilities and located
within the sewer service area. The divider shall be responsible for
the sewerage facilities, to make adequate sewer service available
to each lot within the land division. The divider shall make provision
for adequate sewer systems whether public sewer or P.O.W.T.S. as required
by the Utility in accordance with the standards of the Wisconsin Department
of Natural Resources and the Kenosha County Department of Planning
and Zoning.
(A)
The size, type, design, location and manner of installation of all
public sewer mains and related sewer system facilities required or
proposed to be constructed shall be in accordance with plans and specifications
approved by the Commission, DNR and the "Standard Specifications for
Sewer and Water Construction in Wisconsin".
(B)
The divider shall bear the cost of installing all sewer mains, and
sewer system appurtenances within the proposed land division except
for the added material costs of installing oversized sewer mains greater
than 12 inches in diameter which are necessary to serve areas lying
outside of the proposed land division. The divider shall bear the
cost of installing all boundary sewer mains which are determined necessary
by the Utility. The Utility shall reimburse the divider for the reasonable
material costs of the required oversizing.
(C)
Installation of all sewer system facilities shall be completed within
the first twelve-month period following the last required approval
of the final plat or certified survey map, unless the Village Board
expressly waives or modifies this requirement for good cause shown.
(A)
Procedures. Any user, permit applicant or permit holder affected
by any decision, action or determination, including cease and desist
orders made by an agent of the Utility interpreting or implementing
the provision of this ordinance or in any permit issued herein, may
file with the Village Administrator 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 Village Administrator 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 is unsatisfactory, the
person requesting reconsideration may, within 10 days after notification
of the action, file a written appeal with the Board of Commissioners
for the Utility.
(B)
Appeal Fee. A fee of $100 shall accompany any appeal to the Board
of Commissioners for their ruling. This fee may be refunded if the
appeal is sustained in favor of the appellant.
(C)
Appeal Hearing. The written appeal shall be heard by the Board of
Commissioners within 30 days from the date of filing. The Board shall
make a final ruling on the appeal within 10 days from the date of
hearing.
(A)
Ordinances Repealed. All ordinances or provisions of the Village
of Somers relating to sewer use, industrial wastewater discharges,
sewer connections and constructions which are in conflict or inconsistent
with this ordinance are hereby repealed.
(B)
Separability Clause. Any section, clause, sentence or provision of
this ordinance which shall be declared invalid, shall not affect the
validity of any other section, clause, sentence or provision of this
ordinance which can be given effect without such invalid part or parts.
(A)
Creation. There is hereby created and established a stormwater ordinance
for the Village of Somers. The implementation and oversight of the
stormwater ordinance shall be under the supervision of the Village
Administrator.
(B)
Authority. The Village, acting through the Village Board, may without
limitation due to enumeration, acquire, construct, lease, own, operate,
maintain, extend, expand, replace, clean, dredge, repair, conduct,
manage and finance such facilities, operations and activities, as
are deemed by the Village to be proper and reasonably necessary for
a system of storm water and surface water management. These facilities
may include, without limitation due to enumeration, surface and underground
drainage facilities, sewers, watercourses, retaining walls, ponds,
streets, roads, ditches and such other facilities as will support
a storm water management system.
(C)
Definitions. For purposes of this subchapter, the following definitions
shall apply:
(1)
DEVELOPED PROPERTY — Property that has been altered from
its natural state by the addition of any improvement, such as a building,
structure or impervious surface and where a certificate of occupancy
has been issued, or upon completion of construction or final inspection
if no such certificate is issued; or where construction of an improvement
is at least 50% complete and construction is halted for a period exceeding
three months.
(2)
DWELLING UNIT — Any residential space identified for habitation
by the building code. A dwelling unit includes, but is not limited
to: single family residences, and two-family, three-family, or four-family
apartments, condominiums, or townhouse living units.
(3)
EQUIVALENT RUNOFF UNIT or ERU — 5,000 square feet of impervious
area. The impervious area includes, but is not limited to, all areas
covered by structures, roof extensions, patios, porches, driveways
and sidewalks.
(4)
IMPERVIOUS AREA or IMPERVIOUS SURFACE — A surface that
has been compacted or covered with a layer of material so that it
is resistant to infiltration by rainwater. It includes, but is not
limited to, paved streets, driveways, roofs, sidewalks, parking lots,
brick pavers and other similar surfaces constructed of impervious
materials such as concrete, asphalt, etc. Compacted gravel is considered
impervious area.
(5)
RESIDENTIAL PROPERTY — Any lot or parcel developed exclusively
for residential purposes including, but not limited to, single-family
homes, two-family homes, multi-family homes, manufactured homes, and
condominiums.
(6)
SINGLE FAMILY PROPERTY — A residential space identified
as a habitation with exactly one dwelling unit.
(7)
UNDEVELOPED PROPERTY — Property that has not been altered
from its natural state by the addition of any improvements such as
a building, structure, or impervious surface.
(A)
Rates and Charges.
(1)
The basis for computation of the charge for storm water services
to all lots and parcels of land within the Village is established
under this section. The amount of charge to be imposed, the establishment
of formulas for the calculation of charges, the creation of customer
classifications for the imposition of charges, and changes in such
charges, formulas and customer classifications may be made by further
resolution of the Village Board. All charges established pursuant
to this section shall be fair and reasonable. A schedule of current
charges shall be maintained on file in the office of the Village Clerk/Treasurer.
(2)
Charges shall be imposed to recover all or a portion of the
costs of the storm water management activities. Such charges, which
shall be established pursuant to further resolution of the Village
Board, may include the following components:
(a)
Equivalent Runoff Unit (ERU) Charge. The ERU charge shall be
assessed for each developed property in the Village of Somers based
upon the amount of impervious area as reasonably determined by the
Village Administrator. The Village Administrator shall be responsible
for determining the impervious area based on the best available information,
including, but not limited to, data supplied by the Municipal Assessor,
aerial photography, satellite imagery, the property owner, tenant,
or developer. The formula for the ERU charge shall reflect that of
a typical single-family unit.
(i)
The charge imposed for a single-family structure shall be the
rate for one ERU.
(ii)
Two-family and multi-family residential property
will be charged multiples of the ERU based on the impervious area.
The factor shall be rounded to the nearest 0.1.
(iii)
Other units of property will be charged multiples
of the ERU based on the impervious area. The factor shall be rounded
to the nearest 0.1.
(iv)
All unoccupied developed lots and parcels shall
be subject to the Storm Water Management Utility charges.
(b)
Special Charge (SC). A Special Charge may be imposed on property
that is in a specific area benefitted by a particular storm water
management facility pursuant to § 66.0627, Wis. Stats. The
special charge will be developed to reflect the benefits/services
in a particular area that may not be appropriate to spread to property
throughout the Village of Somers.
(3)
The Village Board may establish rates and classifications by
further resolution as will be likely to provide a reasonable and fair
distribution of costs for storm water management. In the event the
owner and non-owner users of a particular property are not the same;
the liability for the charges attributable to that property shall
be that of the owner.
(4)
The charges established will be billed to the customer at the
same time and in the same manner as the Village tax bill as an additional
fee for storm water services. Such charges shall be payable in the
same manner as a tax bill. Bills for storm water charges shall be
mailed to the owner of the property to which the bill relates. Payment
is due with the first tax installment.
(5)
All storm water service charges shall be billed and collected,
and shall be a lien upon the property served under the provisions
of § 66.0809, Wis. Stats., as amended and/or renumbered.
(B)
Credits.
(1)
A property owner may be eligible for a credit, in the form of
a reduced ERU multiplier, for a property where all of the following
conditions apply subject to the discretion, authority and approval
of the Village Board.
(a)
The Village's cost of providing service or making service available
to the property has been lessened.
(b)
The property conforms to all applicable codes and standards
of the Village in effect at the time of parcel development.
(c)
Single-family residential properties are not eligible for credits.
(2)
The maximum aggregate credit for any individual property is
50% of its ERU charge, regardless of how many credits the property
may otherwise be qualified to receive.
(3)
The following credits may be available for a property that meets
all eligibility requirements:
(a)
Credits shall be considered for properties that discharge storm
water directly into a water body not maintained in any way by the
Village, or directly into a water body downstream of where it is maintained
by the Village, or is otherwise contained entirely upon the property.
(b)
Credits shall be considered for owners who maintain private
storm water management facilities such as retention or detention basins
that exceed state and local discharge rate requirements applicable
to the site.
(C)
Adjustments.
(1)
An owner may be eligible to have the number of ERUs assigned
to the owner's property adjusted under the following conditions:
(a)
The owner of a property, except for single-family residential
properties, who believes the number of ERUs allocated to such property
to be incorrect may submit an adjustment request to the Village Administrator.
The allocated ERUs may be adjusted if the owner can provide information
showing that the impervious area measurement is incorrect.
(b)
The owner of any property that can show the property to be in
an undeveloped natural state with no built impervious area may request
that the property status be changed to exempt.
(c)
No adjustment shall be considered for any natural features,
such as but not limited to, wetlands, lakes and floodplains, or water
impoundments of any kind in existence prior to passage of this subchapter.
(D)
Appeals Procedures.
(1)
Adjustments for ERU charges.
(a)
The Village elects not to be subject to the administrative review
provisions contained within Chapter 68 of the Wisconsin Statutes,
and establishes the following as a complete and final review procedure:
Appeals shall be limited to the customer classification determination,
a determination of ERU's, or ERU credits made for the calculation
of total impervious area. There shall be no right of appeal as to
the underlying findings and necessity of this subchapter or the single-family
unit charge as applied to any single-family properties.
(b)
The storm water management utility charge may be appealed as
follows:
(i)
A written appeal shall be filed with the Village Administrator
prior to the storm water management utility charge due date; or
(ii)
Within 30 days of payment, a written challenge
to the storm water management utility charge must be filed with the
Village Administrator on behalf of the customer, specifying all bases
for the challenge and the amount of the storm water management utility
charge the customer asserts is inappropriate. Failure to file a challenge
within 30 days of payment waives all right to later challenge the
charge.
(iii)
The disputed charge shall be held in abeyance
until the Village Board has made a determination pursuant to this
subchapter.
(c)
The Village Board will determine whether the storm water management
utility charge is fair and reasonable, or whether a refund is due
the customer. The Village Board may act with or without a hearing
and will inform the customer in writing of its decision. The Village
Board or their designee may, at its discretion, require access to
the property to assist in its determination.
(d)
The customer has 30 days from the decision of the Village Board
to file a written appeal to the Village Board.
(e)
In the event of an appeal, the Village Board shall hold a hearing
as provided in § 68.11(2) and § 68.11(3), Wis.
Stats. The Village Board shall hold such hearing within 30 days of
the appeal request, and shall notify the appellant of the hearing
date no less than 10 days' notice in advance of the hearing. Within
20 days of the hearing and the filing of briefs, if any, the Village
Board shall mail or deliver to the appellant its written final determination,
setting forth, in detail, the reasons for is decision.
(f)
If the Village Board determines that a refund is due the customer,
the refund will be applied as a credit on the customer's next monthly
storm water management billing, if the refund will not exceed the
customer's next quarterly storm water management billing, or will
be refunded at the discretion of the Village Administrator.
(g)
Not withstanding the above procedures, any user may file a complaint
to the public service commission claiming that rates, rules and practices
herein are unreasonable or unjustly discriminatory, pursuant to § 66.0821(5),
Wis. Stats.
