[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:
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".
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.
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".
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.
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."
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.
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 of Edgerton.
The City of Edgerton, Rock and Dane County, State of Wisconsin.
Any sewer intended to serve as a sanitary sewer and a storm
sewer.
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.
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.
The combination of individual samples taken at intervals
of not more than one hour.
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.
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.
An acquired legal right for the specific use of land owned
by others.
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.
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.
A sample taken that is proportional to the volume of flow
during the sampling period.
The residue from the preparation, cooking and dispensing
of food, and from the handling, storage, and sale of food products
and produce.
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".
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.
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.
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.
Any trade or process waste as distinct from segregated domestic
wastes or wastes from sanitary conveniences.
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.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
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.
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.
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.
Is permissible.
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.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
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.
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:
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.
A City employee who is licensed by the State of Wisconsin
in wastewater operations.
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".
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.
Any and all persons, including any individual, firm, company,
municipal, or private corporation, association, society, institution,
enterprise, governmental agency, or other entity.
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.
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".
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Wastes from nonresidential sources resulting from normal
domestic activities. These activities are distinguished from industrial,
trade, and/or process discharge wastes.
The spent water of a community. The preferred term is "wastewater,"
see definition below.
The composite network of underground conduits carrying wastewater
and appurtenances incidental thereto (i.e., manholes, lift stations,
service lateral).
A pipe or conduit that carries wastewater or drainage water.
The portion of system located between the building and the
sanitary sewer main.
A charge levied on users of the wastewater treatment facility
for capital-related expenses, as well as operation and maintenance
costs of said facilities.
Is mandatory.
An industrial or commercial user of the wastewater collection
system, which:
Has a waste discharge flow of 25,000 gallons or more per average
workday;
Has a waste discharge flow greater than 5% of the flow carried
by the wastewater collection system;
Has in its waste, a toxic pollutant in toxic amounts as defined
in Wis. Adm. Code, Ch. NR 212; or
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.
The accumulated solids generated during the biological treatment,
coagulation or sedimentation of water or wastewater.
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.
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.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
A sewer which carries stormwater and surface drainage but
which excludes wastewater.
Any flow occurring during or after any form of natural precipitation
and resulting therefrom. "Stormwater" does not include industrial
and domestic wastewater.
That portion of the rainfall that is drained into the sewers.
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."
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".
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.
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.
A user who is not connected to the municipal water system
thereby does not have his private water supply metered.
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.
Any residential, commercial, industrial, governmental, institutional,
or other person that discharges wastewater to the wastewater treatment
system, including wastewater haulers.
That system which generates operation and maintenance (O&M),
and replacement revenues equitably for providing each user class with
services.
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.
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.
A user charge based upon the volume of normal strength wastewater
to be transported.
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.
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.
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.
A natural or artificial channel for the passage of water
either continuously or intermittently.
The Wisconsin Department of Natural Resources.
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:
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0.5 mg/l arsenic
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4.0 mg/l barium
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0.01 mg/l cadmium
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0.06 mg/l chromium
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1.0 mg/l iron
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1.00 mg/l copper
|
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0.05 mg/l cyanide
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0.20 mg/l lead
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0.002 mg/l mercury
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2.0 mg/l nickel
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0.004 mg/l selenium
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0.01 mg/l silver
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1.0 mg/l zinc
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0.005 mg/l phenolic compounds which cannot be removed by the
City's wastewater treatment process
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(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.
(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:
(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.
(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.
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)]
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.
OPERATION, MAINTENANCE AND REPLACEMENT (OM&R) COSTS
REPLACEMENT FUND
RESIDENTIAL USER
SERVICE LIFE
SEWER SERVICE CHARGE
SIGNIFICANT CONTRIBUTORS
SURCHARGE
UNMETERED USER
USEFUL LIFE
USER CHARGE SYSTEM
VOLUME CHARGE
WASTEWATER TREATMENT FACILITIES
Additional definitions.
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.
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.
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.
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.
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.
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.
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.
A user who does not have a meter, installed and maintained
by the approving authority on their public or private water supply.
Refers to the expected life of the treatment facility if
individual pieces of equipment are replaced as necessary.
The methodology for collecting operation, maintenance, replacement
and capital costs equitable from each user of the wastewater collection
and treatment facilities.
A sewer use charge based upon normal strength wastewater
quantities.
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]
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.
A.
Date of effect. This article shall take effect and be in force April
1, 2001. The user charges shall take effect July 1, 2001.
