[Adopted 3-1-1993 by Ord. No. 2-93 (Ch. 13 of the 1993 Municipal Code)]
A. 
An article regulating the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers, the discharge of water and waste into the public sewer system, and providing penalties for violations thereof, and levying and collection of wastewater treatment user charges and cost recovery charges, in the City of Edgerton, Counties of Rock and Dane, State of Wisconsin. This article shall supersede any previous ordinance, rules or regulations, and shall repeal all parts thereof that may be inconsistent with this article. If there is any conflict between this article and any applicable statute, the state statute shall be controlling.
B. 
Be it ordained and enacted by the City Council of the City of Edgerton, State of Wisconsin as follows:
(1) 
Municipal sewer utility. The City's wastewater collection and treatment system shall constitute and be operated as a separate public utility.
(2) 
Chapters 281 and 283 of the Wisconsin Statutes and the Department of Natural Resources Chapters of the Wisconsin Administrative Code relating to the Wisconsin Pollution Elimination System are hereby adopted by reference and incorporated into this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Standard Specifications for Sewer and Water Construction in Wisconsin relating to sewer construction and materials are hereby adopted by reference and incorporated into this article.
(4) 
Chs. SPS 381 to 387, Wis. Adm. Code, Plumbing Code, of the Wisconsin Administrative Code, are hereby adopted by reference and incorporated into this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Unless the context specifically indicates otherwise, the following terms, as used in this article, shall have the meanings hereinafter designated:
AMMONIA NITROGEN (NH3-N)
One of the oxidation states of nitrogen, in which nitrogen is combined with hydrogen in molecular form as NH3 or in ionized form as NH+4. Quantitative determination of ammonia nitrogen shall be made in accordance with procedures set forth in the latest edition of "Standards Methods".
APPROVING AUTHORITY
The authority empowered to adopt this article and any board, commission, or committee designated by it to administer and enforce the terms of this article. The approving authority shall be the City Council.
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed in milligrams per liter. Quantitative determination of BOD5 shall be made in accordance with procedures set forth in the latest edition of "Standard Methods".
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
A. 
The extension from the building drain to the connection point with the public sewer or other place of disposal; also called "house connection." The property owner shall have the responsibility for maintaining the building sewer, including but not limited to, cleaning or clearing the building sewer by rodding or flushing. "Building sewer" is also called "house connection, lateral or private sewer."
B. 
Except as provided in this article, building drains and building sewers shall not be subject to the jurisdiction of the City of Edgerton, and the City of Edgerton shall not be responsible for the construction and/or maintenance of such sewers.
CHLORINE REQUIREMENT
The amount of chlorine, in milligrams per liter, which must be added to wastewater to produce a specified residual chlorine content in accordance with procedures set forth in the latest edition of "Standard Methods".
CITY
City of Edgerton.
CITY
The City of Edgerton, Rock and Dane County, State of Wisconsin.
COMBINED SEWER
Any sewer intended to serve as a sanitary sewer and a storm sewer.
COMMERCIAL USER
Any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services, and who discharges primarily normal domestic wastewater. This definition shall also include multifamily residences having three or more units served by a single water meter.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned treatment works receiving the pollutants if such works was designed to treat such additional pollutants, and in part does remove such pollutants to a substantial degree.
COMPOSITE SAMPLE (24 HOURS)
The combination of individual samples taken at intervals of not more than one hour.
CONNECTION CHARGE
A charge for each new user connection to the sanitary treatment system or for an existing user connection that increases water meter size or installs an additional meter.
DWELLING UNIT
A structure, or that part of a structure, which is intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
EASEMENT
An acquired legal right for the specific use of land owned by others.
FIXED CHARGE
The portion of the wastewater service charge based upon the number of dwelling units, the number of customer's meters/connections to the wastewater treatment system or the size of the customer's water meters serving the user. Fixed charges shall recover the cost of debt retirement and associated reserves and depreciation associated with the construction, erection, modification or rehabilitation of the wastewater treatment facility and collection system for customer billing and treatment costs relating to infiltration and inflow.
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.
FLOW PROPORTIONAL SAMPLE
A sample taken that is proportional to the volume of flow during the sampling period.
GARBAGE
The residue from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of food products and produce.
GREASE
A group of substances including fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils, and certain other nonfatty materials as analyzed in accordance with procedures set forth in "Standard Methods".
GROUND GARBAGE
The residue from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.
INCOMPATIBLE POLLUTANT
Any pollutant which is not a compatible pollutant which will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility.
INDUSTRIAL USER
Any user who discharges to the City's wastewater collection system liquid wastes resulting from the processes employed in industrial, manufacturing, trade, or business establishments or from the development of any natural resource. "Industrial user" also includes any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of manufacturing, dairy products processing, meat processing, other food and drink products, painting or finishing operations, transportation, communications or utilities, mining, agriculture, forestry or finishing.
INDUSTRIAL WASTE
Any trade or process waste as distinct from segregated domestic wastes or wastes from sanitary conveniences.
INFILTRATION
Water unintentionally entering sanitary sewers, building drains, and building sewers from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFILTRATION or INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW
The water discharged into the sanitary sewer, building drains, and building sewers from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage.
INTERCEPTING SEWER
A sewer whose primary purpose is to convey wastewater from a collection system or systems to a wastewater treatment facility. Size of the sewer is not a factor.
INTERFERENCE
The inhibition or disruption of the City's wastewater collection system, treatment processes or operations which causes or significantly contributes to a violation or to an increase in the magnitude or duration of a violation of any requirement of its WPDES permit, including the impairment of the use or disposal of sludge.
MAY
Is permissible.
MILLIGRAMS PER LITER
A weight-to-weight ratio, the milligrams per liter value (mg/l) multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NONCONTACT COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat.
NORMAL DOMESTIC STRENGTH WASTEWATER
Sanitary wastewater resulting from the range of normal domestic activities, in which BOD5, SS, total Kjeldahl nitrogen or phosphorus concentrations do not exceed normal concentrations of:
A. 
A five day, 20EC, BOD5 concentration of not more than 200 mg/l.
B. 
A suspended solids concentration of not more than 250 mg/l.
C. 
A total Kjeldahl nitrogen concentration of not more than 25 mg/l.
D. 
A phosphorus concentration of not more than 4 mg/l.
OPERATION AND MAINTENANCE (O&M) COSTS
All costs associated with the operation and maintenance of the wastewater treatment facility and wastewater collection system, as well as the costs associated with periodic equipment replacement necessary for maintaining the capacity and performance of the wastewater treatment and collection systems.
OPERATOR
A City employee who is licensed by the State of Wisconsin in wastewater operations.
ORGANIC NITROGEN
That portion of nitrogen present in organic compounds which includes various forms of proteins and their degradation products of amino acids and polypeptides. Oxidation or organic nitrogen frees the available nitrogen to ammonia nitrogen. Quantitative determination of organic nitrogen shall be made in accordance with procedures set forth in "Standard Methods".
PARTS PER MILLION
A weight to weight ratio, the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
PERSON
Any and all persons, including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
pH
The logarithm (base 10) 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.
PHOSPHORUS (P)
Total phosphorus in wastewater, which may be present in any of three principal forms: orthophosphates, polyphosphates, and organic phosphates. Quantitative determination of total phosphorus shall be made in accordance with procedures set forth in the latest edition of "Standard Methods".
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharge to the City's wastewater collection system.
PRETREATMENT STANDARD
Any regulation which applies to industrial users and which contains pollutant discharge limits promulgated by the WDNR or established by the agency. This term includes both prohibited discharge standards set forth or established under § NR 211.10 and categorical pretreatment standards set forth in § NR 211.11, Wis. Adm. Code.
PRIVATE SEWER
Any sewer outside of a public right-of-way or public easement. Except as provided in this article, a private sewer shall not be subject to the jurisdiction of the City of Edgerton, and the City of Edgerton shall not be responsible for the construction and/or maintenance of such sewer.
PROHIBITED DISCHARGE STANDARD
Any standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to the City's wastewater collection system by industrial users regardless of industrial category.
PUBLIC AUTHORITY
Any user whose premises are used for the conduct of the legislative, judicial, administrative, or regulatory activities of federal, state, local, or international units of government; government-owned educational facilities; government-owned health facilities; or government-owned recreational facilities. This does not include government-owned-or-operated business establishments. It is assumed that public authority users have normal domestic strength wastewater unless sampling data or other information demonstrates that greater than normal domestic strength wastewater is discharged.
PUBLIC SEWER
Any sewer provided by or subject to the jurisdiction of the City of Edgerton. It shall also include sewers within or outside the City of Edgerton boundaries that serve one or more persons and ultimately discharge into the City of Edgerton sanitary sewer system, even though sewers may not have been constructed with City of Edgerton funds. Public sewer shall not include private sewers, building drains or building sewers.
REPLACEMENT COSTS
Expenditures for obtaining and installing equipment, accessories, and appurtenances which are necessary during the service life of the treatment facility and collection system to maintain their design capacity and performance for which the systems were designed and constructed. Operation and maintenance costs include replacement costs.
RESIDENTIAL EQUIVALENT UNIT or REU
A measure for a connection charge equivalent to one residential dwelling unit. For purposes of this article, one residential equivalent is considered equal to the basic residential meter size 5/8-inch or 3/4-inch.
RESIDENTIAL USER
Any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as "commercial user," see definition above.
SANITARY SEWAGE
A combination of water carried from residences, business buildings, institutions and industrial plants (other than industrial wastes from such plants), together with such groundwaters, surface waters and stormwaters as may be present.
SANITARY SEWER
A sewer that carries sanitary and industrial water-carried wastes from residents, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, stormwater and surface water that are not admitted intentionally.
SEGREGATED DOMESTIC WASTES
Wastes from nonresidential sources resulting from normal domestic activities. These activities are distinguished from industrial, trade, and/or process discharge wastes.
SEWAGE
The spent water of a community. The preferred term is "wastewater," see definition below.
SEWAGE SYSTEM
The composite network of underground conduits carrying wastewater and appurtenances incidental thereto (i.e., manholes, lift stations, service lateral).
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWER LATERAL
The portion of system located between the building and the sanitary sewer main.
SEWER USER CHARGE
A charge levied on users of the wastewater treatment facility for capital-related expenses, as well as operation and maintenance costs of said facilities.
SHALL
Is mandatory.
SIGNIFICANT CONTRIBUTING USER
An industrial or commercial user of the wastewater collection system, which:
A. 
Has a waste discharge flow of 25,000 gallons or more per average workday;
B. 
Has a waste discharge flow greater than 5% of the flow carried by the wastewater collection system;
C. 
Has in its waste, a toxic pollutant in toxic amounts as defined in Wis. Adm. Code, Ch. NR 212; or
D. 
Has a significant impact, either singly or in combination with other contributing industries, on the wastewater collection system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
SLUDGE
The accumulated solids generated during the biological treatment, coagulation or sedimentation of water or wastewater.
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 or flows during normal operation and shall adversely affect the system and/or performance of the wastewater treatment works.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Wastewater, and Industrial Wastes" published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
STORM DRAIN or STORM SEWER
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
STORM SEWER
A sewer which carries stormwater and surface drainage but which excludes wastewater.
STORMWATER
Any flow occurring during or after any form of natural precipitation and resulting therefrom. "Stormwater" does not include industrial and domestic wastewater.
STORMWATER RUNOFF
That portion of the rainfall that is drained into the sewers.
SUSPENDED SOLIDS (SS)
Solids that either float on the surface of or are in suspension in water, wastewater, or other liquids, and that are removable by laboratory filtering as prescribed in "Standard Methods" and are referred to as "nonfilterable residue."
TOTAL KJELDAHL NITROGEN (TKN)
The sum total of ammonia nitrogen and organic nitrogen. Quantitative determination of total Kjeldahl nitrogen shall be made in accordance with procedures set forth in "Standard Methods".
TOXIC DISCHARGES
Discharge containing a substance or mixture of substances which, through sufficient exposure, or ingestion, inhalation, or assimilation by an organism, either directly from the environment or indirectly by ingestion through the food chain, will on the basis of information available cause death, disease, behavioral or immunological abnormalities, cancer, genetic mutations, or developmental or physiological malfunctions, including malfunctions in reproduction or physical deformations, in such organisms or their offspring.
TOXIC SUBSTANCE
Any substance whether gaseous, liquid or solid which, when discharged to the system in sufficient quantities, interferes with any wastewater treatment process, or constitutes a hazard to human beings or animals, or inhibits aquatic life in the receiving stream of the effluent from the treatment facility.
UNMETERED USER
A user who is not connected to the municipal water system thereby does not have his private water supply metered.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER
Any residential, commercial, industrial, governmental, institutional, or other person that discharges wastewater to the wastewater treatment system, including wastewater haulers.
USER CHARGE SYSTEM
That system which generates operation and maintenance (O&M), and replacement revenues equitably for providing each user class with services.
USER CLASSES
Categories of users having similar flows and water characteristics; that is, levels of biochemical oxygen demand, suspended solids, phosphorus, ammonia nitrogen, etc. For the purposes of this article, there shall be four user classes: residential, commercial, industrial, and public authority.
VARIABLE CHARGE
The portion of the wastewater service charge based on the volume strength of wastewater discharged to the wastewater treatment system. The variable charge shall include the charge for normal strength wastewater and a surcharge if any of the parameters in the discharge exceed those of normal strength wastewater. Variable charges shall recover operation, maintenance and replacement costs, except customer billing and treatment costs relating to infiltration and inflow, which are recovered in the fixed charge.
VOLUME CHARGE
A user charge based upon the volume of normal strength wastewater to be transported.
WASTEWATER
The spent water of a community. From the standpoint of source, it may mean the combination of the liquid and water-carried industrial or domestic wastes from dwellings, residences, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's wastewater collection system.
WASTEWATER TREATMENT FACILITIES
The treatment system defined in this section, exclusive of interceptor sewers and wastewater collection systems. All wastewater treatment is provided by the City of Edgerton wastewater treatment facility and all references to wastewater treatment facilities refer to those facilities owned and operated by the City of Edgerton.
WASTEWATER TREATMENT SYSTEM
An arrangement of any devices, facilities, structures, equipment, or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling, and reclamation of liquid industrial and domestic wastewater and sludge or necessary to recycle or reuse water, including interceptor sewers, outfall sewers, wastewater collection system, individual systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal or industrial wastes.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
WDNR
The Wisconsin Department of Natural Resources.
WPDES PERMIT
The Wisconsin Pollutant Discharge Elimination System permit. The Wisconsin Department of Natural Resources has the authority under Chs. 283 and 160, Wis. Stats, to issue, reissue, modify, suspend or revoke WPDES permits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
City Council of the City of Edgerton. The management, operation, and control of the public utility of the City of Edgerton is vested in the City Council or Utility Commission of said City of Edgerton; all records, minutes, written procedures thereof and financial records shall be kept by the City Clerk of the City of Edgerton.
B. 
Municipal sewer utility of the City of Edgerton. The municipal sewer utility of the City of Edgerton shall have the power to construct sewer lines for public use and shall have the power to lay sewer pipes in and through the alleys, streets, and public grounds within the City boundaries, and generally to do all such work as may be found necessary or convenient in the management of the wastewater collection system. The City of Edgerton, its officers, agents, and employees, are empowered to enter upon any land for the purpose of inspection or supervision in the performance of their duties under this article, without liability therefor, and the approving authority shall have power to purchase and acquire all real and personal property which may be necessary for construction of the sewer system, or for any repair, remodeling, or addition thereto.
C. 
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgement of the approving authority be necessary to the sewer system, and whenever, for any cause, an agreement for the purchase thereof, cannot be made with the owner thereof, the approving authority shall proceed with all necessary steps to take such real estate or easement, or use by condemnation in accordance with the Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if federal funds are used.
D. 
Title to real estate and personal property. All property, real, personal, and mixed, acquired for the construction of the wastewater collection system, and all plans, specifications, diagrams, papers, books and records connected therewith said wastewater collection system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of said approving authority.
E. 
User rules and regulations. The user rules, regulations, and user charges are a part of the contract between the Utility and every user. Every person who connects to the wastewater collection system is deemed to have consented to be bound by such rules, regulations, and rates. In the event of violation of the rules or regulations, the water and/or sewer service to the violating user may be shut off. Water and sewer service shall not be reestablished until all outstanding bills, and shutoff and reconnection charges are paid in full, and until such other terms and conditions as may be established by the approving authority are met. In addition to all other requirements, the approving authority shall be satisfied that the offender will not continue in violation of the rules and regulations before authorizing reconnection of the offender's services. The approving authority may change the rules, regulations, and sewer rates from time to time as it deems advisable, and may make special rates and contracts in all proper cases.
A. 
Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer without consent from the approving authority.
B. 
Restricted storm sewer discharge.
(1) 
No person shall discharge or allow to be discharged to the City storm sewer any substance set forth in § 366-4E.
(2) 
A person shall be deemed to have allowed such discharge when, due to stormwater runoff or leaching, a discharge of any of the prohibited substances results due to its improper storage outside.
(3) 
No person shall willfully or maliciously obstruct or damage any public or private storm sewer or drain or willfully damage any of the materials employed or used for storm sewers or drains.
(4) 
Any person who violates this section shall upon conviction forfeit not less than $20 nor more than $500 and in default of payment shall be imprisoned until payment of the forfeiture but not exceeding 90 days for each violation.
C. 
User connections. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of Edgerton and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City of Edgerton is hereby required at the owners' expense to install suitable toilet facilities therein, and connect such facilities directly to the proper public sewer in accordance with the provisions of § 366-7A.
D. 
Storm sewers. Stormwater other than that exempted under § 366-4A and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority, to a storm sewer or natural outlet.
E. 
General discharge prohibitions. Except as hereinafter provided, no user shall discharge or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or to any public sewer:
(1) 
Any gasoline, benzene, naphthalene, fuel oil, other flammable or explosive liquid, solid or gas shall be prohibited from the wastewater system.
(2) 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system.
(3) 
Any wastewater containing toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other pollutants to injure or interfere with any wastewater treatment process or which constitutes a hazard to humans or animals, creates a public nuisance, or creates a toxic effect or any hazard in or has an adverse effect on the waters receiving any discharge from the wastewater treatment system or to exceed the limitations set forth in state or federal categorical pretreatment standards.
(4) 
Solid or viscous substances which will or may cause obstruction to the flow in a sewer, require excessive cleaning or maintenance of the sewer, or otherwise interfere with the operation of the wastewater collection and treatment facilities. Examples of substances that may interfere with the proper operation of the wastewater facility are as follows, but not limited to, ashes, sand, mud, straw, shavings, metals, 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) 
Any wastewater having a pH less than 5.0 and more than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater disposal system.
(6) 
Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other water or wastes, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair or create a condition deleterious to structures and treatment processes.
(7) 
Any wastewater with objectionable color (excessive discoloration) not removed in the treatment process, such as, but not limited to, dye wastes and vegetable wastes or tanning solutions.
(8) 
Any wastewater containing substances which are not amendable to treatment or reduction by the wastewater treatment processes employed, or are amendable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(9) 
Any wastewater which creates conditions at or near the wastewater disposal system which violate any statute or any rule, regulation or ordinance of any public agency or state or federal regulatory body.
(10) 
Any wastewater having a temperature greater than 150° F. (65.6° C.), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104° F. (40° C.).
(11) 
Quantities of flow, concentrations, or both which constitute a slug as defined herein, any slug load, which shall mean any pollutant, including oxygen demanding pollutants (BOD5, etc.), released in a discharge of such volume or strength as to interfere with the wastewater treatment system. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentrations, quantities or flow of the user during normal operation.
(12) 
Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from consumption on the premises or when served by caterers. The installation and operation of any commercial grinder equipped with a motor of one horsepower or greater shall be subject to the review and approval of the approving authority, and a permit shall be obtained prior to the installation of any such commercial garbage grinder unit.
(13) 
Noncontact cooling water or unpolluted storm or groundwater.
(14) 
Any wastewater containing more than 250 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, fats, wax, grease or product of mineral oil origin, whether emulsified or not containing substances which may solidify or become viscous and any wastewater containing oil and grease concentrations whether emulsified or not which will or may cause obstruction to the flow in the wastewater collection system or other interference with the operations of the wastewater treatment facility. This limitation will be specifically reviewed during evaluation of wastewater treatment processes and may be further limited by the approving authority.
(15) 
Wastewater containing 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 chloride and sodium sulfate) in such quantities that they would interfere with the wastewater disposal system.
(16) 
Any wastewater containing odor-producing substances exceeding limits which may be established by the approving authority.
(17) 
Any wastewater having a BOD5, suspended solids or phosphorus concentrations of greater than normal domestic strength as defined in this article without authorization from the approving authority.
(18) 
Any wastewater which exert or cause unusual BOD5, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant.
(19) 
Any radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater treatment system or its personnel.
(20) 
Unless more restrictive standards are promulgated by a state or federal agency which has jurisdiction, no person shall discharge wastewater containing in excess of:
0.5 mg/l arsenic
4.0 mg/l barium
0.01 mg/l cadmium
0.06 mg/l chromium
1.0 mg/l iron
1.00 mg/l copper
0.05 mg/l cyanide
0.20 mg/l lead
0.002 mg/l mercury
2.0 mg/l nickel
0.004 mg/l selenium
0.01 mg/l silver
1.0 mg/l zinc
0.005 mg/l phenolic compounds which cannot be removed by the City's wastewater treatment process
(21) 
Grease and oil separators and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquids containing floatable grease in excessive amounts, or any flammable fluids, sand, or other harmful ingredients, except that such interceptors and separators shall not be required for private living quarters or dwelling units. All separators and interceptors shall be of a type and capacity as described in § 366-5I.
(22) 
In addition, industrial users may not discharge pollutants into the approving authority's wastewater disposal system which pass through or interfere with the operation or performance of the system and thereby cause or significantly contribute to a violation of the City's WPDES permit.
(a) 
An industrial user significantly contributes to pass-through and the consequent permit violation whenever such user:
[1] 
Discharges a daily pollutant loading in excess of that allowed by contract with the approving authority or by federal, state or local law;
[2] 
Discharges wastewater which is substantially different in nature or constitutes from the user's average discharge;
[3] 
Knows or has reason to know that its discharge alone or in conjunction with discharges from other sources would result in a violation of the approving authority's WPDES permit; or
[4] 
Knows or has reason to know that the approving authority is, for any reason, violating the final effluent limitations of its WPDES permit and that the industrial user's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the violation.
(b) 
An industrial user significantly contributes to interference and the consequent permit violation whenever such user does any of the above, or knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a violation of the approving authority's WPDES permit or would prevent municipal sludge use or disposal by the approving authority's selected method of sludge disposal in accordance with Chs. 281 and 283, Wis. Stats., [§ NR 211.10(1) Wis. Adm. Code].
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(23) 
The approving authority reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater collection system if deemed necessary to comply with the objectives presented in this section.
(a) 
No wastewater, regardless of character, shall be discharged to the wastewater system in such a manner as to interfere with the designed operation of the collection systems or treatment facilities, or to cause the treatment system to exceed the limits presented by the WPDES permit.
(b) 
If any wastewater that is proposed to be or is discharged to the collection system contains a substance or characteristics prohibited by this section or which would otherwise create a hazard to life or constitute a public nuisance, the approving authority may, after giving notice to the user in writing:
[1] 
Reject the wastewater;
[2] 
Require flow equalization of the discharge flow rate;
[3] 
Require pretreatment prior to discharge to the wastewater disposal system;
[4] 
Require payment to cover the added cost of handling and treating the waste not already covered by service charges in this article;
[5] 
Where pretreatment or flow equalizing facilities are provided, they shall be maintained continuously in satisfactory condition and effectively operated by the user at his expense.
F. 
Special arrangements. No statement contained in this article shall be construed as prohibiting any special agreement between the approving authority and any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater treatment works, provided that all rates and provisions set forth in this article are recognized and adhered to.
G. 
New connections. New connections to the wastewater collection system shall not be permitted if there is insufficient capacity in the treatment works to adequately transport and/or treat, as required by the WPDES permit, the additional wastewater anticipated to be received from such connections.
H. 
Free service. No user shall receive free service or pay a user charge less than the user's proportional share of operation and maintenance costs.
A. 
Submission of basic data.
(1) 
Within three months after passage of this article, establishments identified by the approving authority and discharging industrial wastes to a public sewer shall prepare and file with the approving authority a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Such information shall be provided as per Ch. NR 101, Wis. Adm. Code.
(2) 
Similarly, each person desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the approving authority a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.
B. 
Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the establishment to comply with the time schedule imposed by § 366-5A a request for extension of time may be presented for consideration to the approving authority.
C. 
High-strength or toxic wastes. High-strength or toxic wastes are any waters or wastes which are discharged, or proposed to be discharged, to the public sewers, which contain substances or posses characteristics in excess of normal domestic strength wastewater as defined in § 366-2, definition of "normal domestic strength wastewater," or which, in the judgement of the approving authority, may:
(1) 
Be acutely or chronically toxic to aquatic life and wild and domestic animals;
(2) 
Adversely affect humans and cause increased risk of cancer in humans;
(3) 
Impart undesirable tastes or odors to surface waters or aquatic organisms ingested by humans;
(4) 
May prevent present or prospective future use of surface waters for public and private water supplies;
(5) 
Prevent propagation of fish and aquatic life and wild and domestic animal life;
(6) 
Create severe limitations for current and future methods of sludge recycling/disposal;
(7) 
Have deleterious effects upon the wastewater treatment system, processes or equipment;
(8) 
Cause additional requirements or limitations to become part of the City's discharge permit; or
(9) 
Otherwise create a hazard to life, health or constitute a public nuisance.
D. 
Industrial discharges.
(1) 
If any waters or wastes are discharged, or proposed to be discharged to the public sewers, which waters or wastes contain substances or possess characteristics that in the judgment of the approving authority, may have deleterious effect upon the wastewater works, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the approving authority may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable limit for discharge to the public sewers;
(c) 
Require control over the quantities and rate of discharge; and/or
(d) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
(2) 
The toxic pollutants subject to prohibition or regulation under this article shall include, but need not be limited to, the list of toxic pollutants or combination of pollutants established by Section 307(a) of the Clean Water Act of 1977[1] and subsequent amendments. Effluent standards or prohibitions for discharge to the sanitary sewer shall also conform to the requirements for Section 307(a) and associated regulations.
[1]
Editor's Note: See 33 U.S.C. § 1317(a).
(3) 
Pretreatment standards for those pollutants which are determined not to be susceptible to treatment by the treatment works or which would interfere with the operation of such works shall conform to the requirements and associated regulations of Section 307(b) of the Clean Water Act of 1977[2] and subsequent amendments. The primary source for such regulations shall be 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution.
[2]
Editor's Note: See 33 U.S.C. § 1317(b).
E. 
Control manholes.
(1) 
Each user discharging high-strength, toxic or industrial wastes into a public sewer shall be required by the approving authority to construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of the waste, including domestic wastewater. The approving authority shall have the authority to require the user to construct one or more control manholes as to separate domestic wastewater and industrial wastewater and to require separate sampling of these wastewaters. Within three months after written notification from the approving authority, the selected users shall complete construction of the control manholes or access points.
(2) 
Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the approving authority.
(3) 
Control manholes, access facilities, and related equipment shall be installed by the user discharging the waste, at the user's expense and shall be maintained by the user 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.
(4) 
Alternatively, the approving authority may choose to install the control manholes, access facilities and related equipment at the establishment discharging the waste. Expenses incurred for this service, however, are the responsibility of the establishment discharging the waste.
F. 
Measurement of flow from high strength or toxic waste dischargers. The volume of flow used for computing the user charge shall be the metered water consumption of the person as shown in the records of meter readings maintained by the approving authority.
(1) 
Provision for deductions. In the event that a person discharging industrial waste into the public sewers produces evidence satisfactory to the approving authority that more than 20% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the approving authority and the person. Satisfactory evidence shall be evidence obtained by approved metering.
G. 
Metering of high strength, toxic waste or industrial wastes.
(1) 
General.
(a) 
Users designated by the approving authority with high levels of flow or with high-strength discharge may be required to have monitoring facilities. Approving authority shall make a determination as to when metering of high levels of flow are needed as well as what frequency of sampling of high-strength wastewater is needed. Metering and sampling devices shall be installed, owned and maintained by the discharger subject to the approval of the approving authority. Access to the sampling and metering location shall be granted to the approving authority or its duly authorized representatives at all times. Within three months after written notification from the approving authority, the selected users shall complete the installation of metering and sampling devices.
(b) 
Alternatively, the approving authority may choose to install or maintain the metering and sampling devices as the establishment discharging the waste. Expenses incurred for this service, however, are the responsibility of the establishment discharging the waste.
(2) 
Metering. Devices for measuring the volume of wastewater discharged may be required by the approving authority if the volume cannot otherwise be determined from the metered water consumption records.
(3) 
Maintenance.
(a) 
A maintenance schedule must be accepted by the approving authority. All maintenance and equipment repair shall be performed within a reasonable time as determined by the approving authority. Failure to perform maintenance within a reasonable time shall be subject to the same forfeiture and procedural provisions as applied to violation under this article. Prior to completion of satisfactory repairs, and for any preceding period during which the approving authority determines there existed a malfunction, error or bias in the metering and sampling, the volume and strength of the wastewater for that period discharged by the discharger shall be based on historical data and a reasonable engineering estimate of flow and strength, taking account of material known production variations, all as determined by the approving authority in consultation with the discharger. If prolonged periods of breakdown are anticipated, approved interim measuring and sampling needs shall be provided, and used to determine the volume and strength of wastewater.
(b) 
Following approval and installation of permanent or temporary metering or sampling equipment, such equipment shall not be removed without the consent of the approving authority.
H. 
Metering of industrial waste. Devices for measuring the volume of waste discharge may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the discharger. A maintenance schedule must be accepted by the approving authority. Following approval and installation, such meters may not be removed without the consent of the approving authority.
I. 
High-strength, toxic and industrial waste sampling.
(1) 
Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the industry as often as may be deemed necessary by the approving authority.
(2) 
Sampling 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. The use of flow proportional composite sampling is preferred.
(3) 
Installation and operation and maintenance of the sampling facilities shall be the responsibility of the user discharging the waste and shall be subject to the approval of the approving authority. Access to sampling locations shall be granted to the approving authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
(4) 
Expenses incurred for sampling the wastes, including the laboratory analytical tests, are the responsibility of the establishment discharging the wastes.
J. 
Analyses.
(1) 
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods." Sampling methods, location times, durations, and frequencies are to be determined on an individual basis subject to approval by the approving authority.
(2) 
Determination of the character and concentration of the industrial wastes shall be made by the establishment discharging them, or its 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 charges.
K. 
Pretreatment. Where required, in the opinion of the approving authority, to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment works, the person shall provide at their expense such preliminary treatment or processing facilities as may be determined required to render their wastes acceptable for admission to the public sewers.
L. 
Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalizations, pretreatment, or processing facilities shall be submitted for review 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.
M. 
Grease and/or sand interceptors.
(1) 
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 excessive amounts, as specified or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters to dwelling units.
(2) 
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. Discharge of grease, fats, oils or similar waste products of cooking or food shall use below-grade exterior grease interceptors in accordance with the Wisconsin Plumbing Code, § SPS 382.34(5)(b), Wis. Adm. Code. If applicant can prove sufficient space is not available outdoors for an exterior grease interceptor, indoor traps may be installed, as approved by approving authority. Interior traps shall meet § SPS 382.34(5)(c), Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the approving authority. Any removal and hauling of the collected materials not performed by owners' personnel must be performed by currently licensed waste disposal firms.
N. 
Administration.
(1) 
The operator may require that any person discharging or proposing to discharge wastewater to the wastewater treatment system file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, rates of flow, mass discharge rate, raw material and production quantities, hours of operation, number and classification of employees, compliance status with any state or federal pretreatment standards or other information which relates to the generation of waste, including wastewater constituents and quantity of liquid or gaseous materials stored on site, even though they may not normally be discharged. At a minimum, a summary of such data indicating each industrial user's compliance with this article shall be prepared quarterly and submitted to the operator. In addition to discharge reports, the operator may require information in the form of wastewater discharge permit applications, self-monitoring reports and compliance schedules.
(2) 
Wastewater discharge permits.
(a) 
Mandatory permits. All industries proposing to connect or to commence a new discharge to the wastewater disposal system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater disposal system. All existing industrial users subject to National Categorical Pretreatment Standards under § 307(b) and (c) of the Clean Water Act[3] connected to or discharging into the wastewater disposal system shall obtain a wastewater discharge permit within 180 days after the effective date of this article.
[3]
Editor's Note: See 33 U.S.C. § 1317(b) and (c).
(b) 
Permit application.
[1] 
Users required to obtain a wastewater discharge permit shall complete and file with the operator an application in the form prescribed by the operator. Existing users shall apply for a wastewater discharge permit within 30 (optional) days after the effective date of this article, and proposed new users shall apply at least 180 days prior to connecting or discharging to the wastewater disposal system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
[a] 
Name, address and location (if different from the address);
[b] 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
[c] 
Wastewater constituents and characteristics, including but not limited to those governed by § 366-1B(2), as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures set forth in the current edition of Standard Methods for the Examination of Water and Wastewater;
[d] 
Time and duration of discharge;
[e] 
Average daily and peak hourly wastewater flow rates, including daily, monthly and seasonal variations, if any;
[f] 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer conditions and appurtenances by the size, location and elevation;
[g] 
Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged, including sludges, floats, skimmings, etc.;
[h] 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, state or National Categorical Pretreatment Standards, and (for an existing discharge) a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment is required for the use to meet applicable pretreatment standards. If additional operation and maintenance and/or pretreatment will be required, a proposed schedule by which the changes will be completed shall be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standard. No increment shall exceed nine months in length and progress reports concerning each increment shall be submitted within 14 days following each increment date;
[i] 
Each product produced by type, amount and rate of production;
[j] 
Type and amount of raw materials processed (average and maximum per day);
[k] 
Number of full and part time employees, and hours of work; and
[l] 
Any other information as may be deemed by the operator to be necessary to evaluate the permit application.
[2] 
The operator will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the operator may issue a wastewater discharge permit subject to terms and conditions provided herein.
(c) 
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the City. permits may contain the following:
[1] 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater disposal system;
[2] 
Limits on the average and maximum wastewater constituents and characteristics;
[3] 
Limits on average and maximum rate and time of discharge of requirements for flow regulation and equalization;
[4] 
Requirements for installation and maintenance of inspection and sampling facilities, such as mandatory sampling manholes pursuant to § SPS 382.35, Wis. Adm. Code;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[5] 
Requirements for installation, operation, and maintenance of pretreatment facilities;
[6] 
Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;
[7] 
Compliance schedules;
[8] 
Requirements for submission of technical reports or discharge reports;
[9] 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the operator, but in no case less than three years, and affording operator access thereto;
[10] 
Requirements for notification to and acceptance by the operator of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
[11] 
Requirements for notification of slug or accidental discharges, as provided in § 366-4E(11) of this article, and reporting of permit violations;
[12] 
Requirements for disposal of sludges, floats, skimmings, etc.; and
[13] 
Other conditions as deemed appropriate by the approving authority to ensure compliance with this article.
(d) 
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the operator during the term of the permit as limitations or requirements as identified in § 366-5N(3) are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(e) 
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater discharge permit as required by this article, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the operator within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by § 366-5N(2)(b). If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.
(f) 
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the approving authority operator. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(g) 
Permit revocation. The approving authority has the authority to revoke a wastewater discharge permit following the procedures set forth in § 366-12J, Enforcement.
(3) 
Monitoring facilities.
(a) 
Monitoring facilities to allow inspection, sampling, and flow measurement of the building, sewer and/or internal drainage systems shall be provided and operated by all industrial users. The monitoring facility should normally be situated on the user's premises, but the operator may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or public vehicles.
(b) 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and composting of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(c) 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the operator's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the operator, unless a time extension is otherwise granted by the operator.
(4) 
Inspection and sampling. The operator shall inspect the facilities of any user or ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the operator ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The operator, WDNR and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the operator, WDNR and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
(5) 
Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater shall be operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the operator for review, and must be acceptable to the operator before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the operator under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the operator prior to the user's initiation of the changes. All records relating to compliance with pretreatment standards shall be made available by the operator to officials of the EPA or WDNR upon request. Any user subject to a National Categorical Pretreatment Standard, after the compliance date of such pretreatment standard or, in the case of the commencement of a new discharge to the wastewater disposal system, shall submit to the operator during the months of June and December, unless required more frequently in the pretreatment standard or by the operator, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow. The operator may agree to alter the months during which the above reports are to be submitted.
(6) 
Final compliance date; reporting requirements. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of the commencement of a new discharge to the wastewater disposal system, any user subject to pretreatment standards and requirements shall submit to the operator a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user, and certified to by a qualified professional.
(7) 
Confidential information. Information and data obtained from user's applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the operator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, and until such time as the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the WPDES permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the operator as confidential shall not be transmitted to any governmental agency or to the general public by the operator until and unless a ten-day notification is given to the user.
(8) 
Sludges generated. Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the City's wastewater disposal system. Such sludges shall be contained, transported, and disposed of in accordance with all federal, state, and local regulations. Sludge generated by the City's wastewater disposal system shall be managed according to Ch. NR 204, Wis. Adm. Code, which is hereby incorporated by reference.
A. 
Work authorized.
(1) 
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the approving authority.
(2) 
There shall be two classes of building sewer permits: 1) for residential and commercial service, and 2) for service to establishments producing industrial wastes. In either case, the owner or the owner's agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the approving authority. A permit plus an inspection fee shall be paid to the City at the time the application is filed.
(3) 
No contractor, plumber, pipe fitter or other person shall be permitted to do work on any public sewer or building sewer without first receiving a license from the State of Wisconsin.
(4) 
A separate and independent building sewer shall be provided for every building intended for human habitation or occupancy. Prior to commencement of the work, the permittee shall notify the City of Edgerton at least 48 hours before beginning any excavations.
B. 
Connection charge.
(1) 
General policy.
(a) 
It is the general policy of the City that new users and users who increase water meter size or install additional meter(s) within the geographic territory served by the City reasonably participate in the cost of the City's existing wastewater treatment systems at the time their lands actually receive or increase sanitary sewer service. "Wastewater treatment systems" are generally defined as all intercepting sewer and related facilities, such as manholes and appurtenances, pumping stations, force mains and the wastewater treatment facilities. In determining what constitutes reasonable participation toward such cost, the City shall be guided by the principle that the area to be served shall bear its proportionate share of such costs. The costs of the wastewater treatment system in which new users are required to participate are:
[1] 
Costs reasonably and necessary incurred to construct the wastewater treatment system to serve the new areas; and
[2] 
Costs of providing excess capacity in the wastewater treatment system until such time as the future users in the new areas connect to the sanitary sewer system.
(b) 
The wastewater treatment system has a significant physical life. This requires that it be constructed of sufficient capacity to serve present users and future users. It is economical to construct wastewater treatment systems with excess capacity. Therefore, it is reasonable that future users, as well as present users, pay the total cost of the wastewater treatment systems that serve them. The investment in excess capacity is made for the future user's benefit, and is not available for other uses by the City. Because future users make no payment until they connect to the sanitary sewer, only a part of the total cost of the wastewater treatment system can be collected when said facilities are first placed in service. Accordingly, the cost to be recovered at the time of initial construction of the wastewater treatment system should be recovered through a connection charge.
(c) 
This connection charge is enacted pursuant to § 66.0821(4), Wis. Stats.
(2) 
Amount of connection charge. The City will continue with substantial upgrades and expansions of the wastewater treatment system in order to accommodate improved service to the areas it services and to accommodate growth and development therein. The City elects to impose a connection charge by adopting the "cost of plant methodology." Therefore, effective as of January 22, 2007, a connection charge is hereby established to be in the amount described in Schedule A.[1] This connection charge shall be adjusted from time to time and the payment thereof is a condition precedent to the provision of sanitary sewer service to the property in question.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: The Schedule A is on file in the City Hall.
(3) 
Application of connection charge. In collecting the connection charges, the following shall apply:
(a) 
The connection charge is applicable to new users as well as existing users who add an additional meter or increase their water meter size.
(b) 
The Utility Commission shall determine the connection charge for a user who installs a meter three inches or larger and for users qualifying as significant contributors in § 366-19. The determination of the connection charge for these users will be based on parameters determined to be relevant to the Commission, including, but not limited to, volume and characteristics of wastewater. A user who installs a water meter three inches or larger for which the fee is established by the Utility Commission shall have the right to appeal the connection charge as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1] 
Within 30 days after the notification by the City of the connection charge for a three inches or larger water meter, the user may file a written appeal with the City Council which shall i) request a reconsideration of the fee determination and ii) specify the grounds or reasons therefor. Any request made after the expiration of the aforesaid thirty-day period shall be summarily denied.
[2] 
No appeal shall be taken unless the additional connection charges are paid.
[3] 
If a timely appeal is taken, then the City Council shall hold a hearing, at which time the user may present evidence and reasons why connection charges determined by the Utility Commission should be reduced. The City Council shall, within 30 days after such hearing, render its decision. Any appeal from the City Council's decision shall be made to the Wisconsin Public Service Commission pursuant to § 66.0821(5), Wis. Stats., as amended.
(c) 
Attached hereto and incorporated herein is Schedule A,[2] which is a conversion schedule for equating REUs to meter size. Under no circumstances shall a connection charge be less than one REU.
[2]
Editor's Note: The Schedule A is on file in the City Hall.
(d) 
Exemptions.
[1] 
The following situations shall be exempted from payment of the connection charge as outlined in this article.
[a] 
Alterations or expansion of an existing building where no additional or larger water meter connections are requested.
[b] 
The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water and/or sewer connections are requested.
[c] 
A change in water meter size shall not be exempted from payment of the connection charge; however, a credit shall be given for the current connection charge on the old meter size. For example, at the time of an application for a change from a 5/8 inch meter to a one inch meter, the connection charge would equal the current connection charge for a one inch meter less the current connection charge for a 5/8 inch meter.
[d] 
No connection charge shall be required, nor credited, for a change in water meter size that results in a decrease in meter size.
[2] 
Any claim for exception must be made no later than the time of application for a permit for a new water meter or a change in water meter size. Any claim not so made shall be deemed waived.
(4) 
Payment of connection charge. The connection charges shall be paid to the City when a building permit is issued for the structure whose building sewer will be connected to a public sewer conveying wastewater to the wastewater treatment system, except as otherwise provided for herein. A penalty of 1% per month shall be assessed on all connection charges not paid at the time; and such penalty shall continue until payment is made in full. For purposes of this article, connection fees are deemed to be a debt due. The determination of connection charges by the Commission shall be final, subject to any appeal provided for by law.
Attachment A
Connection Charge Per Equivalent Meter
Meter Size
Equivalency
Connection Charge
5/8 or 3/4 inch
1
$1,000
1 inch
2.5
$2,500
1 1/4 inches
3.75
$3,750
1 1/2 inches
5
$5,000
2 inches
8
$8,000
3 inches or larger
To be determined by governing body
C. 
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found on examination and test by the approving authority, to meet all requirements for this article.
D. 
Materials and methods of construction. The size, slope, alignment, materials of construction, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the State of Wisconsin Standard Specifications for Water and Sewer Construction, the Wisconsin Plumbing Code,[3] the Wisconsin Administrative Code, the State Department of Natural Resources or other applicable rules and regulations of the approving authority. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
[3]
Editor's Note: See Chs. SPS 381 to 387, Wis. Adm. Code.
E. 
Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
F. 
Stormwater and groundwater drains. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which are connected directly or indirectly to a public sanitary sewer. Any person in violation of this section shall disconnect all downspouts, groundwater drains, etc., no later than 60 days from the date of an official written notice by the approving authority. If any person fails to comply after the expiration of the time provided, the approving authority may cause disconnection to be made at the expense of violator.
G. 
Conformance to Plumbing Codes. The connection of the building sewer into the public sewer shall conform to the requirements of Chapter 192, Building Construction, of the City Code, or other applicable rules and regulations of the approving authority or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.
H. 
Plumbers. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe fitting work in connection with the collection system without first receiving a license from the State of Wisconsin.
I. 
Inspection of connection. The applicant for the building sewer permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the approving authority.
J. 
Barricades; restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the approving authority.
K. 
Installation of building sewers. All building sewers on private property will be installed in accordance with Ch. SPS 383, Private Onsite Wastewater Treatment System, Wis. Adm. Code, specifically § SPS 383.21, Sanitary Permits. Per § SPS 383.21, Wis. Adm. Code, all building sewers will be inspected. The building sewer shall be inspected upon completion of placement of the pipe and before backfilling, and tested before or after backfilling.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
L. 
Excavations.
(1) 
In making excavations in streets or highways for laying building sewers or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public.
(2) 
No person shall leave any such excavation made in any street or highway open at any time without barricades, and during the night, warning lights must be maintained at such excavations. In refilling the opening, after the building sewers are laid, the earth must be laid in layers of not more than 12 inches in depth, and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, gravel and paving must be done so as to make the street as good as before it was disturbed, and satisfactory to the approving authority.
(3) 
A permit from the approving authority or other appropriate governmental body shall be obtained prior to excavating in any street, alley or other public way.
M. 
Tapping the mains.
(1) 
No person, except those having special permission from the approving authority, or persons in their service and approved by them, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified by said approving authority.
(2) 
When possible, pipes should always be tapped on the top, and not within 15 inches (38 cm) of the joint, or within 36 inches (90 cm) of another lateral connection.
(3) 
All connections to existing sewer mains shall be made with a saddle tee or wye fitting set upon a carefully cut opening centered on the upper quadrant of the main sewer pipe and securely strapped on with corrosion resistant straps.
A. 
Area to be served. The area to which the Edgerton Municipal Sewer Utility provides service shall be strictly limited to the corporate limits of the City of Edgerton, with the following exceptions:
(1) 
Sewer service may continue to be furnished to users on State Highway 51 who presently receive service from an existing sewer main, which extends south from the south corporate limit of the City along said highway a distance of approximately 800 feet.
(2) 
Sewer service may continue to be furnished to users who presently receive service on Blaine Street, north of the City limits, by attaching to an existing sewer main. In case said sewer main should be extended north along Blaine Street, the owners of any lateral or laterals shall pay their proportionate share of installing such sewer main.
B. 
Mandatory hookup.
(1) 
The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human habitation shall connect to such system within 60 days of notice in writing from the approving authority. Upon failure to do so the approving authority may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such notice shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.; provided, however, that the owner may within 30 days after the completion of the work file a written request with the approving authority stating that he cannot pay such amount in one sum and ask that there be levied in not to exceed three equal installments, and that the amount shall be so collected with interest at the rate of 1% over the rate at which approving authority can borrow money per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
In lieu of the above, the approving authority at its option may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, of an amount equal to 150% of the average residential charge for sewer service payable monthly for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
This article ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said approving authority and fails to assure preservation of public health, comfort, and safety of said approving authority.
C. 
Maintenance of services.
(1) 
All sewer services from the point of connection to the public sewer to and throughout the private premises must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property.
(2) 
When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer shall be installed for each building.
D. 
Application to connect proposed new wastewater system.
(1) 
Any person located within the corporate limits of the approving authority desiring to connect a proposed new wastewater system to the wastewater treatment works shall make a written application to the approving authority for permission to make such connection or use. The application shall include a statement of the location or locations at which it is desired to connect, and a statement of the character of the wastewater to be transmitted.
(2) 
Sections 59.70(5), 145.01(5) and 145.20, Wis. Stats., and the applicable provisions of the Rock and Dane County Code which regulates the installation and maintenance of private sewage systems are hereby incorporated by reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
The approving authority shall approve an engineering consultant to design all proposed wastewater systems. All costs and expenses incident to the design and bidding including engineering, permits and other fees associated with the connection or hookup to the wastewater collection system shall be borne by the developer requesting the extension or by the approving authority at their discretion. If the engineer selected for the design is under contract with the City directly, prior to the design of a proposed new wastewater system, the developer shall secure and furnish proof of an escrow account for the estimated amount of the design costs, the amount to be determined by the approving authority. The account shall be so arranged and an escrow agreement executed between the developer, the bank and the approving authority to allow the latter to withdraw amounts from the account. The account shall be sufficient to cover payments to all parties under contract with the approving authority for the design of the wastewater system. This money will not be refunded if the project does not proceed to construction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Alterations.
(1) 
Alterations to existing wastewater systems connected to the wastewater treatment works shall be treated as proposed new wastewater systems. The approving authority may modify this provision if the sewer connection is not directly connected to an approving authority sewer and providing the person has previously presented and has had approved a general overall sewer plan. If such a modification is made, it will be done in writing and must be kept on file by the person to which it applies.
(2) 
After sewer connections have been made in a building or upon any premises, no plumber shall make any alterations, extensions or attachments unless the party ordering such work shall exhibit the proper permit.
F. 
Sewer main extensions. The size and location of the main to be installed shall be approved by the approving authority. The cost of an extension used in computing the assessment (Plan A) or the contribution (Plans B and C) shall be the total cost of construction, including legal and engineering fees. The cost per linear foot of main installed shall be computed by dividing the total cost of construction, as determined above, by the total length of the extension.
(1) 
Applications for extension of mains.
(a) 
Written application for sewer main extensions to any property not fronted by an existing sewer main shall be filed with the City Administrator by the owner of the property desiring the extension. The applicant shall provide the name of the property owner, the legal description of the property, the street location, and the exact nature of the sewer requirements. Signing an application does not constitute a contract for installation of such extension as requested.
(b) 
The approving authority is hereby empowered to withhold consideration of any application in which full disclosure of information regarding the purpose of such supply is not clearly and fully set forth by the applicant.
(c) 
The application for extension of mains shall be acted upon by the approving authority. The approving authority shall determine the plan under which the requested extension is to be installed.
(d) 
If the existing wastewater system is inadequate to provide the requested service, due to lack of capacity or funding ability or for any other reason, the application may be rejected.
(e) 
Proper bedding and compaction of sewer mains is required at all times regardless of soil and weather conditions. The City Engineer shall approve plans and specifications for such projects and shall perform inspections to ensure compliance. Frozen soil will not be allowed for use as sewer main bedding or backfill material. All costs to comply with the above are to be borne by the applicant.
[Amended by Ord. No. 95-33]
(2) 
Extension plans.
(a) 
Plan A. The cost of the extension shall be immediately assessed against the abutting properties, according to the procedure set forth under § 66.0703, Wis. Stats., and Chapter 55, Finance and Taxation, of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b) 
Plan B. Where the approving authority is unwilling to make a special assessment because of low density of prospective customers or for some other reason, extensions shall be made on a customer financed basis as follows:
[1] 
Basis for determining contributions from original customer. The applicant, called the "original customer," shall assume the entire cost of the extensions as defined in the text heading for § 366-7F, unless specific written agreements specify otherwise.
[2] 
Additional customers and refunds.
[a] 
When additional customers are connected to a sewer main that was financed by the original customer, the approving authority may require a contribution from each new customer equal to that which would have been assessed under Plan A, except as noted in the following subsections. These contributions shall then be refunded pro rata to the original customer.
[b] 
The cost of the main fronting on property owned by the original customer at the time of the installation of the extension shall be considered to be paid for and no contributions for the cost of the extension shall be required when any connections are made on this frontage nor will any refunds be made to the original customer for said connections.
[c] 
The development period during which refunds shall be made shall be limited to 20 years.
[3] 
Limit of extension. When an extension beyond an existing extension is required to serve a new customer, the new extension shall be considered as an entirely new project.
(c) 
Plan C subdivisions.
[1] 
Sewer mains for new subdivisions shall be installed according to Plan B, unless a specific written agreement specifies otherwise.
[2] 
The development period during which refunds shall be made shall be limited to 20 years.
G. 
Permit to connect. Prior to permitting such connection or use, the approving authority may investigate, or cause to be investigated, the wastewater system for which such connection or use is requested. If the approving authority finds such system to be in a satisfactory condition, it will grant a permit for such connection or use. If the approving authority finds such system to be defective in operation, construction, design, or maintenance, the approving authority will so notify the applicant and will advise him that upon completion of specified alterations, new construction, or changes in supervision or operation, a permit will be granted. Should the plans or specifications not be approved, one copy will be returned to the applicant who will be informed as to the reason for nonapproval.
H. 
Reserve capacity. Prior to permitting any connection or use of the treatment works, the approving authority shall ascertain that all downstream sewers, interceptors, lift station, force mains, and treatment works have sufficient reserve capacity for volume, suspended solids and BOD5 to assure adequate collection and treatment of the additional wastewater contributed to the wastewater treatment works. The approving authority reserves the right to refuse a connection or use permit if the requirements for this subsection cannot be met with the granting of the permit.
I. 
Inspections and supervision during construction. During the construction of any wastewater system which the approving authority has approved, the approving authority may, from time to time, inspect the same to see that said work is being done in accordance with the approved plans and specifications. Failure to make such inspections shall not nullify the rights of the approving authority to require reconstruction should non-adherence to approved plans be subsequently discovered. Every person in the construction of laterals or wastewater systems, within its jurisdiction, shall require that such construction be under the direction of a Wisconsin registered professional engineer or licensed master plumber, if plan approval was obtained under his license. The Engineer or Master Plumber shall keep accurate records of the location, depth, and length of the sewers as built, and of the location of the wye branches or slants.
J. 
Permits not granted. Permits shall not be granted for the connection of combined sewers to the interceptors or municipal sewers. Permits shall not be granted for the connection of any proposed or existing storm sewers to the approving authority wastewater treatment works. Connection of catch basin or curb inlets to any sanitary sewer directly or indirectly connected to the wastewater treatment works is strictly prohibited.
K. 
Physical connection. All proposed sewer connections shall be planned to be made at a manhole with the flow lines of the connecting sewer being at or below the manhole shelf or the connection shall be made through an approved drop. At least 24 hours before connection is to be made, notice of such intent must be given to the approving authority. When the actual connection is made, it must be done in the presence of an approving authority inspector.
L. 
Records. Records of connections to the wastewater collection system shall be kept by the municipality in which such connections are made, and such records shall be available for inspection by the approving authority.
M. 
User use only. No user shall allow others or other services to connect to the wastewater collection system through his building sewers and building drains.
N. 
User to permit inspection. Every user shall permit the approving authority, or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures, and the manner in which the drains and sewer connections operate, and they must at all times, frankly and without concealment, answer all questions put to them relative to its use.
O. 
Approving authority responsibility. The approving authority and its agents and employees shall not be liable for damages occasioned by reason of the breaking, clogging, stoppage, or freezing of any building sewers or building drains; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the water and sewer service at any time for the purpose of repairs, or any other necessary purpose, and permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the sewer service within any district of the said approving authority, the approving authority shall, if practicable, give notice to each and every consumer affected within said approving authority of the time when such service will be so shut off.
P. 
User to keep in repair. All users shall keep their own building sewers and building drains in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system.
A. 
Duties.
(1) 
The operator of the wastewater treatment facility shall have the following duties:
(a) 
Be responsible for the function of all phases of the wastewater treatment facility for efficient and economical purposes.
(b) 
Keep a complete record showing the costs of materials and labor used for each phase of the facility.
(c) 
Make all necessary chemical analyses at the wastewater treatment plant and fill out and complete all monthly reports to the state.
(d) 
Order necessary materials and repair parts used in the wastewater treatment facility.
(e) 
Keep informed on the latest methods and practices being used in the wastewater treatment facility and put the most economical methods thereof into practical use.
(f) 
Assist, whenever possible, in assistants' jobs when such assistants are absent or unable to work.
(2) 
The operator of the wastewater treatment facility shall keep a daily record of all transactions of their office and file a monthly report covering the same with the City Council.
A. 
Rules. Where a public sanitary sewer is not available under the provision of § 366-7A and with the approval of the approving authority, any building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
(1) 
Before commencement of the construction of a private wastewater disposal system or additions to an existing private wastewater disposal system, the owner shall fist obtain a written permit from the office of the City Building Inspector.
(2) 
The type, capacity, location, and layout of a private wastewater disposal system shall comply with all requirements of the Wisconsin Department of Safety and Professional Services.
(3) 
The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the City.
(4) 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(5) 
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 366-7A, the building sewer shall be connected to said sewer within one year, and the private wastewater disposal system shall be cleaned of sludge and filled with sand, gravel or similar material.
A. 
Septic tanks and holding tanks prohibited. The maintenance and use of septic tanks, holding tanks or other private disposal system within the sewer service area of the approving authority serviced by its wastewater collection system are hereby declared to be a public nuisance and a health hazard. The use of these systems is prohibited unless a special permit is obtained from the approving authority. Upon abandonment of the septic tank or holding tank, the tank shall be filled with sand or gravel in a manner acceptable to the approving authority.
B. 
Septic tank and holding tank disposal.
(1) 
No person in the business of gathering and disposing of septic tank or holding tank wastes shall transfer such material into any disposal area or manhole located within the City of Edgerton boundaries unless a permit for disposal has been first obtained from the approving authority. Written application for this permit shall be made to the approving authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model and license number of each unit. Permits shall be nontransferable except in case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee. Annual fees shall be established by the approving authority. Any applicant for a permit shall furnish a bond to the City of Edgerton in the amount of $5,000 to guarantee performance. The bond shall be provided prior to the permit being issued. The time and place of disposal will be designated by the approving authority. The approving authority may impose such conditions as it deems necessary on any permit granted. Bills shall be mailed on a monthly basis, and if payments are not received in 30 days thereof, disposal privileges shall be suspended.
(2) 
Any commercial hauler of septic tank or holding tank wastes agrees to carry public liability insurance in an amount not less than $100,000 and to protect any and all persons or property from injury and/or damage caused in any way or manner by any act, or failure to act, by any of his employees. A certificate certifying such insurance to be in full force and effect shall be furnished to the approving authority.
(3) 
Any wastes discharged into the treatment system shall be of domestic origin and will comply with the provisions of any and all applicable ordinances of the approving authority. A discharger shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile, or inflammable liquids or other deleterious substances into any manhole nor allow any earth, sand or solid material to pass into any part of the wastewater system.
(4) 
Any person or party disposing of septic tank or holding tank wastes agrees to indemnify and save harmless the approving authority from any and all liability and claims for damage arising out of or resulting from work and labor performed.
A. 
Willful, negligent or malicious damage. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the wastewater facilities. Any persons violating this section shall be subject to immediate arrest under a charge of disorderly conduct.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Liability to discharger for losses. Any person who intentionally, negligently, or accidentally violates any provisions of this article shall become liable to the approving authority or any downstream user, for any expense, loss or damage occasioned by reason of such violation which the approving authority or any downstream user may suffer as a result thereof. This section shall be applicable whether or not a written notice of the violation was given as provided in § 366-12A and without consideration for any penalties which may be imposed for a violation of this article.
C. 
Damaging sewers prohibited.
(1) 
No unauthorized person shall alter, disturb or uncover any connection with or opening into any sanitary sewer or appurtenance thereof without first obtaining written permission from the operator.
(2) 
No person shall willfully or maliciously obstruct, damage, or tamper with any private drain or sewer, or in any structure, appurtenance or equipment which is part of the public sewage collection or disposal system. Any person who violates this provision shall be guilty of disorderly conduct.
A. 
Written notice of violation. Any person found to be violating any provision of this article shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge in excess of the limitations and restrictions into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a fine, pay the amount to cover damage, both values to be established by the approving authority. Any accidental wastewater discharges which violate the prohibitions and limitations shall be reported immediately upon discharge. The approving authority shall address any potential fines within 15 days after the end of the month in which the violation is reported or detected, whichever is later.
C. 
Accidental discharge penalties. The City may levy a minimum fine of $500 for an accidental discharge that is reported immediately or a minimum fine of $1,500 for an unreported accidental discharge.
D. 
Continued violations. Any person, partnership or corporation, or any officer, agent or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, pay a forfeiture of not less than $10 nor more than $2,500 together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days. This, however, shall not bar the approving authority from enforcing the mandatory hookup provision in § 366-7A or any other right the approving authority may have.
E. 
Liability to approving authority for losses. Any person violating any provision of this article shall become liable to the approving authority for any expense, loss, or damage occasioned by reason of such violation which the approving authority may suffer as a result thereof.
F. 
Civil penalties. Any user who is found to have violated an order of the Board or who has failed to comply with any provisions of this article and the orders, rules, regulations and permits issued hereunder shall be fined not less than $50 nor more than $1,000 for each offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporter's fees and other expenses of litigation by an appropriate action against the person found to have violated this article or the order, rules, regulations and permits issued hereunder.
G. 
Differences of opinion. The approving authority's attorney shall arbitrate differences between the approving authority and sewer users on matters concerning interpretation and execution of the provisions of this article by the approving authority.
H. 
Costs of damage.
(1) 
Any user violating any of the provisions of this article or who has a discharge which causes a deposit, obstruction, damage or other impairment to the City's wastewater collection system shall become liable to the City for any expense, loss or damage caused by the violation or discharge. The operator may add to the user's charges and fees the costs assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this article.
(2) 
Any user discharging toxic pollutants shall pay for any increased operation, maintenance, and replacement costs caused by said discharge, in addition to any other charge or penalties provided herein.
I. 
Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or the wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than six months, or by both.
J. 
Enforcement.
(1) 
Slug or accidental discharges. The approving authority may suspend the wastewater treatment service of a user and/or a wastewater discharge permit (after informal notice to the discharger) when such suspension is necessary, in the opinion of the approving authority, to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause the City to violate any condition of its WPDES. Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the approving authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or danger to any individuals. The approving authority shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the operator within 15 days of the date of occurrence.
(2) 
Revocation of permit. In accordance with the following procedures, the approving authority may revoke the permit of any user who fails to factually report the wastewater constituents and characteristics of his discharge; who fails to report significant changes in wastewater constituents or characteristics; who refuses reasonable access to the user's premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this article, or applicable state and federal regulations.
(3) 
Notification of violation. Whenever the operator finds that any person has violated or is violating this article, wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the operator may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the City or by the user.
(4) 
Show cause hearing.
(a) 
If the violation is not corrected by timely compliance, the approving authority may order any user which causes or allows an unauthorized discharge to show cause before the approving authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the approving authority regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the approving authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
(b) 
Hearing officials. The approving authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned department) to:
[1] 
Issue in the name of the approving authority notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings;
[2] 
Take the evidence; and
[3] 
Transmit a report of the evidence and hearing, including transcripts and other evidence, to the approving authority for action therein.
(c) 
Transcripts. At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.
(d) 
Issuance of orders. After the approving authority has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(5) 
Legal action. If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the approving authority, the City Attorney may, following approving authority authorization of such action, commence an action for appropriate legal and/or equitable relief.
(6) 
Annual publication. A list of the users which were significantly violating applicable pretreatment requirements or National Categorical Pretreatment Standards during the 12 previous months shall be annually published by the approving authority in a local newspaper. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. For the purpose of this provision, significant violations would be those violations which remain uncorrected 45 days after notification of noncompliance, which are part of a pattern of noncompliance over a twelve-month period, or which involve a failure to accurately report noncompliance.
(7) 
Appeal to the City Council. Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this article and shall be entitled to a written reply from the City. Any decision of the operator in the enforcement of this article may be appealed to the City Council by filing a written petition with the City Clerk within 30 days of the operator's ruling. Said petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. Said petition shall show the name, addresses and telephone numbers of all objectors and their attorney at law or spokesman. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the operator shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason. The City Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the operator may present evidence in support of his decision. The City Council shall decide the appeal within a reasonable time and notify the attorney or spokesman. The minutes of the City Council shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.
A. 
Right of entry. The approving authority, City Engineer, operator of the wastewater treatment facility, Plumbing Inspector or other duly authorized representative of the approving authority 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 article and § 196.171, Wis. Stats. The approving authority, City Engineer, operator of the wastewater treatment facility, Plumbing Inspector, or other duly authorized representative of the approving authority shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the wastewater collection system or wastewater treatment facility.
B. 
Approving authority. The approving authority or duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
C. 
Safety. While performing the necessary work on private premises referred to in § 366-13A, the duly authorized representatives shall observe all safety rules applicable to the premises established by the owner or occupant, and the approving authority shall indemnify the owner against loss or damage to its property by approving authority representatives and against the liability claims and demands for personal injury or property damage asserted against the owner and growing out of gauging and sampling operation of the approving authority representatives, and indemnify the owner against loss or damage to its property by approving authority representatives, except as such may be caused by negligence or failure of the owner to maintain safe conditions. The approving authority shall report to the owner or occupant any unsafe conditions.
D. 
Identification, right to enter easements. The approving authority, City Engineer, operator of the wastewater treatment facility and other duly authorized representatives of the approving authority bearing proper credentials and identification shall be permitted to enter all private properties through which the approving authority holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater treatment works lying within said easement, all subject to the terms, if any, of the agreement.
A. 
Billing period. All user service charges for all customers shall be billed on a quarterly basis. All user service charges for significant contributors and for those customers whose water meter is read on a monthly basis shall be billed on a monthly basis.
B. 
Payment. User charges shall be payable at the City Hall at the same time that the water statements become due, and payments for water service shall not be accepted without full payment of the user charges.
C. 
Penalties. Charges levied in accordance with this article shall be a debt due to the approving authority. If the debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent. There shall be an added penalty of 3% of the amount of the quarterly bill and of the unpaid balance applied quarterly. Charges and penalties shall constitute a lien upon the property services and be recorded on the approving authority's tax roll. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
D. 
Notification. Each user shall be notified annually, in conjunction with a regular bill, of the rate schedule attributable to wastewater treatment services including an explanation of the charges.
E. 
Billing. The property owner is held responsible for all bills on premises that he owns. All bills and notices of any nature relative to the sewer service will be addressed to the owner and/or occupant and delivered to the addressee by first-class mail.
F. 
Failure to receive bill; no penalty exemption. Every reasonable care will be exercised in the proper delivery of bills. Failure to receive a bill, however, shall not relieve any person of the responsibility for payment of user charges within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof.
G. 
Delinquent bills. The approving authority shall furnish the City Clerk with a list of all such lots or parcels of real estate, and the notice shall be given by the approving authority. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such approving authority; that unless the same is paid by November 15, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent as above-specified. Such notice may be served by delivery to either such owner or occupant personally, or by letter addressed to such owner or occupant at the post office address of such lot or parcel of real estate. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent. The lien shall be inserted in the City tax roll as provided in § 66.0821(4), Wis. Stats., in the same manner as water rates are taxed and collected under the provisions of § 66.0809(1), Wis. Stats., as same has been, and from time to time may be, amended or recreated, so far as applicable. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said tax if the same is not paid within the time required by law for payment of taxes upon real estate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Adjustment of bills. Sewer utility bills may be adjusted in accordance with § 366-36D of Article II, Water Utility, of this chapter.
I. 
Uncollectible accounts. Uncollectible sewer utility accounts shall be administered in accordance with § 366-36K of Article II, Water Utility, of this chapter.
A. 
Disposition of revenue. The amounts received from collection of the charges shall be credited to a wastewater account which shows all receipts and expenditures of the wastewater system. When appropriated by the approving authority, the credits to the account shall be available for payment for operations, maintenance, repairs and depreciation of the wastewater system. Any surplus in the account shall be available for payment of principal and interest of bonds or notes issued and outstanding or which may be issued to provide funds for the wastewater system or parts thereof, and all or part of the expenses for additions, improvements and other necessary disbursements or indebtedness. The approving authority may, by resolution, pledge such surplus or any part.
B. 
Replacement fund. Annual income from the sewer use charges which constitute funds required for "Replacement" shall be separately accounted for and shall not be utilized for any purpose other than replacement.
A. 
Additional definitions.
OPERATION, MAINTENANCE AND REPLACEMENT (OM&R) COSTS
Includes all costs associated with the operation and maintenance of the wastewater works as well as the costs associated with periodic equipment replacement necessary for maintaining the design capacity and performance of the wastewater treatment facilities.
REPLACEMENT FUND
The replacement fund shall be a separate account in which an annual budgeted amount shall be accumulated for purposes of defraying replacement costs as they arise. The replacement fund shall be used exclusively to defray replacement costs as defined in § 366-16A, during the useful life of the wastewater treatment facility. At the end of such useful life, or at the time of any significant expansion or upgrade of the wastewater facilities, the fund may be used for any proper purpose related to providing wastewater treatment service pursuant to § 66.0821, Wis. Stats., as amended or renumbered from time to time.
RESIDENTIAL USER
Any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as commercial users.
SERVICE LIFE
Refers to the expected life of individual pieces of equipment. In many instances, the service life of a piece of equipment will be shorter than the useful life of the overall treatment plant.
SEWER SERVICE CHARGE
A charge levied on users of the wastewater collection and treatment facilities for capital-related expenses as well as operation and maintenance and replacement costs of said facilities.
SIGNIFICANT CONTRIBUTORS
Shall be those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD5, TSS, TKN, P), 5% of the design value for that particular parameter, on such average or peak basis as the approving authority deems appropriate.
SURCHARGE
Any user of the wastewater works whose discharge exceeds in one or more parameters (flow, BOD5, TSS, TKN, P) the concentration of normal domestic wastewater for that parameter shall be subject to a surcharge. The amount of such surcharges shall reflect the costs incurred by the City in removing the high-strength BOD5, suspended solids, TKN or P from the wastewater.
UNMETERED USER
A user who does not have a meter, installed and maintained by the approving authority on their public or private water supply.
USEFUL LIFE
Refers to the expected life of the treatment facility if individual pieces of equipment are replaced as necessary.
USER CHARGE SYSTEM
The methodology for collecting operation, maintenance, replacement and capital costs equitable from each user of the wastewater collection and treatment facilities.
VOLUME CHARGE
A sewer use charge based upon normal strength wastewater quantities.
WASTEWATER TREATMENT FACILITIES
The wastewater treatment works, excluding wastewater collection and transportation systems, which deliver wastewater to the treatment plant.
A. 
Sewer users served by water utility water meters. For each lot, parcel of land, building or premises having a connection with the wastewater system and being served with water solely by the water utility, the quantity of wastewater for billing purposes shall be measured by the water utility water meter used upon the premises. In case a user feels that a significant amount of water metered does not reach the sanitary sewer, that user can, at their own expense, through the approving authority, install a second water meter and/or service that would monitor the flow of water used for lawn and garden watering, noncontract cooling water or other similar purposes. Charges for sewer use would be made based on the difference between the two meter readings if only a second meter is installed, and on actual water metered for sewer use if a second meter and service are installed. Requests for usage adjustments, or a second meter or service, must be made in writing to the approving authority in accordance with this § 366-17A. Requests for a second meter or service must be made in writing to the approving authority. Charges for this service shall be made in accordance with § 366-17B.
B. 
Policy for leakage adjustments to sewer customers. Sanitary sewer adjustments may be given only when a leak occurs which is unknown to a customer. See § 366-36E for adjustment policy.
C. 
Sewer users served by private wells. Sewer users served by private wells shall be required to do the following:
(1) 
Any person discharging wastewater into the public sanitary sewer system who procures any water from other than the water utility, all or part of which is discharged into the public sanitary sewer system, shall be required to have water meters installed for the purpose of determining the volume of water obtained from each of these other sources. Where sewage meters are already installed, the water meters will not be required. The water meters shall be furnished by the Sewer Department and installed under its supervision, all costs being at the expense of the person requiring the meter.
(2) 
The Sewer Department shall charge for each meter a rental charge set by the Utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer charge is billed. The rental charge for water meter follows:
Meter Size
Rental Charge
All meters
50% of the quarterly water base rate set for that size meter installed.
(3) 
Should the approving authority determine that the water usage is too small to justify a meter, the approving authority shall have the authority to waive this requirement, and a flat rate shall be charged based on estimated water usage and metered rate schedule.
D. 
Measurement of flow from high-strength or toxic waste discharges.
(1) 
The volume of flow used for computing the variable charge shall be the metered water consumption of the user as shown in the records of meter readings maintained by the water utility, except as noted in § 366-17D.
(2) 
Provisions for deductions. In the event that an establishment discharging industrial waste into the public sewers produces evidence satisfactory to the approving authority that more than 20% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the approving authority and the person. Satisfactory evidence shall be evidence obtained by approved metering.
E. 
Metering and sampling of high-strength waste. Devices for measuring the volume of waste discharged may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Users designated by the approving authority with high levels of flow or with high-strength discharges may be required to have monitoring facilities. The approving authority shall make a determination as to when metering of high levels of flow are needed as well as what frequency of sampling of high-strength wastewaters is needed.
F. 
Free service. No user shall receive free service or pay a user service charge less than the user's proportional share of all costs as defined in § 366-18.
G. 
Outside service. All users located outside of the corporate limits will be charged 125% of the user service charges except those currently receiving service as identified in § 366-7A. Total service charges may be adjusted to reflect variations in capital costs for outside users.
[Amended by Ord. No. 17-07]
A. 
User service charges. There is hereby levied and assessed upon each lot, parcel of land, building, premises or unit having a connection with the wastewater treatment works, a user service charge, based upon the quantity of wastewater discharged, pursuant to § 66.0821, Wis. Stats., as amended or renumbered from time to time. Such user service charges shall be billed to the person, firm, corporation or other entity owning, using or occupying the property served. The user service charges shall consist of a fixed charge and a variable charge as set forth in the following sections. The charges are based on rates contained in the City of Edgerton User Charge System Report (June 1998).
B. 
Fixed charge. The fixed charge shall be a minimum charge for all users based upon the number of dwelling units, the number of customer meters/connections to the wastewater treatment works, and the size of the customer's water meters. This charge includes billing and administration costs, meter reading costs, and a proportion of the following costs: collection and treatment facility system debt, equipment replacement costs, debt coverage cost, contingency costs, collection and treatment facility operating and maintenance costs (including power and supplies), and other general administrative costs. Current fees and rates are on file in the City Hall.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Variable charge.
(1) 
Users will be billed on the volume and strength of wastewater discharged to the wastewater treatment works. Normal domestic wastewater, defined as wastewater with concentrations of BOD5 of 200 milligrams or less per liter and suspended solids of 250 milligrams or less per liter will be billed upon a volume charge based upon the quantity of flow determined pursuant to § 366-17. Users discharging wastewater into the wastewater treatment works shall be subject to surcharges, in addition to the volume charge, if their wastewater has a concentration greater than the domestic concentration specified in the preceding sentence. The amount of such surcharges shall reflect the costs incurred by the City in removing the high-strength BOD5 or suspended solids from the wastewater.
(2) 
Normal domestic sewage charge is based on the volume charge (metered user) per 1,000 gallons as set forth in the current rates schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Wastewater of greater than normal strength.
(a) 
Charges to users discharging wastewater of greater than normal strength of wastewater which is 200 mg/l BOD5 and 250 mg/l TSS. The following rates will be used in calculating the surcharge:
Parameter
Cost
BOD5
$0.55/lb
SS
$0.46/lb
(b) 
Charges to users discharging wastewater of greater than normal strength shall be computed in accordance with the formula presented below:
C = F + $5.52 x V + ($0.55 x 0.00834 x V x B) + ($0.46 x 0.00834 x V x S)
Where:
C
=
Charge to sewer user for operation, maintenance and replacement costs for treatment works
F
=
Base quarterly fixed charge
V
=
Wastewater volume in 1,000 gallons
B
=
Concentration of BOD5 from a user above the normal strength of 200 mg/l
S
=
Concentration of suspended solids from a user above the normal strength of 250 mg/l
$5.52
=
Charge for that portion of the waste equal to normal strength wastewater; includes cost for treating 200 mg/l BOD5, 250 mg/l TSS
0.00834
=
Conversion factor (mg/l to lbs)
0.7480
=
Conversion factor (1,000 gallons to 100 cubic feet)
(c) 
In addition to the above surcharges, the Sewer Department's costs of sampling and analyzing industrial wastes shall be charged to the applicable industry.
D. 
Holding tank waste disposal charges. Charges to licensed dischargers shall be computed and accessed on the following basis:
Assumed strength
BOD5
500 mg/l
SS
1,300 mg/l
Volume charge
$4.50/1,000 gallons
E. 
Septic tank waste disposal charges. Charges to licensed dischargers shall be computed and accessed on the following basis:
Assumed strength
BOD5
2,400 mg/l
SS
9,000 mg/l
Volume charge
$25.50/1,000 gallons
F. 
Special assessments. Not included in the foregoing user service charges are the costs associated with providing local collecting facilities to users, which the City may assess, by special assessment, in whole or in part, to the property benefitted thereby.
A. 
General. Significant contributors shall be those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD5, TSS, TKN, P), 5% of the design value for that particular parameter, on such average or peak basis as the approving authority determines is appropriate.
(1) 
Significant contributors will be requested to advise the City of their best estimate of the level of usage of the wastewater treatment facilities that they expect to utilize through the remaining useful life of the wastewater treatment facility. The City may allocate a portion of capacity in the wastewater treatment facilities to specific significant contributors, particularly in the case of new construction, expansion or renovation of such facilities. Significant contributors will then pay capital costs associated with such allocated capacity.
(2) 
Significant contributors will be encouraged to contract with the City as to the amount of such allocated capacity and as to the payment of associated capital costs. In exchange for a contractual commitment to pay such capital costs, the City may protect the contracting significant contributors from capital cost increases that might otherwise result from changes in the number of discharges over whom capital costs might be spread.
(3) 
Significant contributors who have provided projected usage levels to the City prior to a project of construction, expansion or renovation shall, in the absence of contract provisions to the contrary, have their fixed charge computed on the basis of actual or projected usage levels. The City shall in any such allocation process treat all significant contributors in a manner that is not unreasonable or unjustly discriminatory. The City may change the amount of allocated capacity from the projections provided by the significant contributors, provided any opportunity for such change is made available to all significant contributors.
(4) 
Phosphorus (P) monitoring is required by the approving authority since phosphorous limits are now in place. Frequency of monitoring to be determined by the approving authority on a case-by-case basis.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5) 
Significant contributors who connect to the system after any specific construction, expansion or renovation project may only be allocated capacity in that project to the extent the approving authority deems such capacity is available. In no event may capacity allocated to a significant contributor under a wastewater service contract with the City be changed in any way without compliance with the terms of the contract. Significant contributors who do not have a contractual commitment to pay specific treatment plant debt service charges may have their allocated capacities and associated fixed charges reduced on a prospective basis if, in the judgement of the approving authority, the reallocated portion of the capacity should be made available to another user.[1]
[1]
Editor's Note: Former § 13.19(2), Connection fee, of the 1993 Municipal Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Repeal of conflicting ordinance. All ordinances or parts of ordinances or regulations or parts of regulations in conflict with this article are hereby repealed.
B. 
Invalidation clause. Invalidity of any section, clause, sentence, or provision in this article shall not affect the validity of any other section, clause, sentence, or provision of this article which can be given effect without such invalid part or parts.
C. 
Amendment. The approving authority, through its duly qualified officers, reserves the right to amend this article in part or in whole wherever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and proper hearing on the proposed amendment.
A. 
Annual audit. The approving authority shall conduct an independent annual audit, the purpose of which shall be to maintain accurate accounting records for the revenues and expenditures of the wastewater treatment facility and to reestablish the equity and adequacy of the user charges relative to changes in system operation, maintenance and replacement costs.