[HISTORY: Adopted by the Village Board of the Village of
Sullivan 8-22-2006 (Title 9, Ch.
2, of the 2006 Code of Ordinances). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
The Village
of Sullivan has entered into an intergovernmental agreement to establish
the Sullivan Joint Wastewater Commission ("Commission"). The Village
hereby incorporates by reference the Commission Agreement and Commission
ordinances and any amendments thereto. To the extent this chapter
is inconsistent with the Commission Agreement or Commission ordinances,
the terms of the Commission Agreement and ordinances shall control.
B.
The Village
Board of the Village of Sullivan does hereby declare the Village-owned
sewer system, consisting of the local collection system (as hereinafter
defined), waste collection and disposal operations, system of sewerage
and all other appurtenances and equipment used for such purposes,
or wastewater works (as hereinafter defined), a public utility as
of the date of this chapter. The wastewater treatment plant itself
is a regional facility owned by the Sullivan Joint Wastewater Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
The contracting
municipalities created the Commission for the public purpose of serving
the Village's need to collect and treat its wastewater. As provided
in the Commission Agreement and further described herein, the contracting
municipalities have granted the Commission the authority to construct,
manage, operate and control the regional system in a prudent and economical
manner. The contracting municipalities retain the same authority with
respect to construction, management, operation and control of the
local system.
B.
To further
its public purpose, the Village's power and authority over the local
system shall include, but not necessarily be limited to, the following:
(1)
The
Village or its designee shall have the right to enter upon any land
for the purpose of examining, inspecting, supervising, managing or
maintaining the local system.
(2)
The
Village shall have the right to lay and maintain local sewers in and
through pubic alleys, streets, utility easements and public grounds
within the service area. The Village agrees to and shall advise the
Commission of such additions on a regular basis.
(3)
The
Village shall use good faith efforts to use bypasses or other contingencies
for all regular repairs and shall develop a contingency plan for emergency
repairs so that a service cutoff can be avoided to the fullest extent
possible. To the extent possible, the Village shall give notice to
the affected customers as to the time and approximate duration of
regular and emergency repairs that may affect customers.
(4)
The
Village shall cooperate with the Commission with respect to construction,
management, operation and control of the regional system. The Village
expressly affirms the Commission's broad authority to take such actions
as they are deemed necessary and prudent to maintain and protect in
WPDES permit without restriction, particularly with respect to situations
where the quality of the wastewater being discharged may impair the
regional system or wastewater treatment plant or to enforce proper
use of the regional system, all as set forth in the Commission's regulations.
C.
Maintenance
of local system; indemnification.
(1)
The
Village, without expense to the Commission, shall maintain the local
system free of any and all defects and shall take prompt action to
correct conditions that continue to impair, adversely affect or restrict
the regional system or the Commission's WPDES permit. Such conditions
include, but are not limited to, overloading or slug loading with
substances such as heavy metals or whey, and other conditions that
may result in WPDES permit violations.
(2)
The
Village expressly acknowledges that the Commission is not responsible
or liable for the breaking, clogging, stoppage or freezing of any
portion of the local sewers, any damage arising from or related to
repairs or maintenance of the local system, any damages arising or
related to service cutoffs and/or any damages arising from or related
to making connections to or extending the regional system. The Village
shall remain liable to the Commission for direct or consequential
damages to the Commission, including engineering, legal and administrative
fees, that are causally related to the failure to timely maintain
and repair the local systems as regulated by this section, and shall
hold the Commission harmless and indemnify the Commission for any
such damages.
D.
Ownership
of real and personal property; access. All property, real, personal
and mixed, acquired in connection with the local system, and all plans,
specifications, diagrams, papers, books and records connected therewith,
and all buildings, machinery and fixtures pertaining therein shall
be the property of the Village. Individual property owners served
by the local and regional systems shall own their building sewers.
The Village shall have all reasonable access to the local system and
building sewers for all purposes set forth in this chapter and shall
cooperate with the Commission with respect to the Commission's access
to the same.
The application of this chapter, its rules, regulations and
rates shall apply to all individuals, firms, corporations and institutions
residing within the corporate limits of the Village of Sullivan and
any person, firm or corporation, by attachment or otherwise, coming
in to locate within the Village of Sullivan subsequent to the effective
date hereof.
The meaning of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as amended by the Federal Water Pollution Control Act Amendments
of 1972 (P.L. 92-500) and P.L.93-243, or modified by Ch. 283, Wis.
Stats., or the appropriate section of the Wisconsin Administrative
Code adopted pursuant to Ch. 283, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The Village Board of the Village of Sullivan or its duly
authorized deputy, agent or representative.
The quantity of oxygen expressed in milligrams per liter
(mg/l) utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five days at a temperature of 20°
C. The laboratory determinations shall be made in accordance with
procedures set forth in the Standard Methods.
A sewer which carries only sewage and industrial wastes from
the building plumbing to the public sanitary sewer.
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
All annual principal and interest requirements and obligations
of the Village for the wastewater works.
Waterborne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial wastes, and in which
the average concentration of suspended solids is established at or
below 250 mg/l and the BOD is established at or below 400 mg/l.
A sample consisting of portions of waste taken in proportion
to the volume of flow of said wastes.
Recovery by the grantee (utility) from the industrial users
of a wastewater works of a grant amount allowable to the treatment
of wastes from such users pursuant to Section 204(b) of the Federal
Act.[1]
Any nongovernmental, nonresidential user of publicly owned
wastewater works which discharges more than the equivalent of 2,000
gallons per day (GPD) of sanitary wastes and whose activities are
identified in the Standard Industrial Classification Manual, 1972,
Office of Management and Budget, as amended and supplemented, under
the following divisions: 1) Division A, Agriculture, Forestry and
Fishing; 2) Division B, Mining; 3) Division D, Manufacturing; 4) Division
E, Transportation, Communications, Electric, Gas and Sanitary Services;
and 5) Division I, Services. In determining the amount of a user's
discharge for purposes of industrial cost recovery, the grantee may
exclude domestic wastes or discharges from sanitary conveniences.
After applying the sanitary waste exclusion, discharges in the above
divisions that have a volume exceeding 2,000 GPD or the weight of
a biochemical oxygen demand (BOD) or suspended solids (SS) equivalent
to that weight found in 2,000 GPD of sanitary waste are considered
industrial users. Sanitary wastes, for purposes of this calculation
of equivalency, are the wastes discharged from residential users.
Any nongovernmental user of a publicly owned wastewater works which
discharges wastewater to the wastewater works which contains toxic
pollutants or poisonous solids, liquids or gases in sufficient quantity,
either singly or by interaction with other wastes, to contaminate
the sludge of any municipal system, or to injure or to interfere with
any sewage treatment process, or which constitutes a hazard to humans
or animals, creates a public nuisance or creates any hazard in or
has an adverse effect on the waters receiving any discharge from the
treatment works shall be an industrial user, even if it does not discharge
the equivalent of 2,000 gallons per day of sanitary wastes.
Any waterborne solids, liquids or gaseous wastes other than
domestic wastewater, resulting from, discharging from, flowing from
or escaping from any commercial, industrial, manufacturing or food
processing operation or process or from the development of any natural
resource or any mixture of these with water or domestic wastewater.
A sewer constructed to receive the dry weather flow of untreated
or inadequately treated sewage from one or more existing sanitary
sewer system terminals other than from a dwelling or building that
presently discharges or formerly discharged flow directly into any
waters of the state and convey the flow to a treatment works or is
to serve in lieu of an existing or proposed treatment works.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Sanitary sewage in which BOD, suspended solids or phosphorus
concentrations do not exceed normal concentrations of:
The actual sums spent by the utility in the operation and
maintenance of its wastewater works consisting of but not limited
to each and all of the following purposes (the portion of operations
and maintenance costs related to the wastewater treatment plant itself
will be charged to the Village from the Commission):
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Wages and salaries and employees' related expenses of operating,
maintenance, clerical, laboratory and supervisory personnel, together
with fringe benefits and premiums paid on such wages and salaries
for the State of Wisconsin worker's compensation coverage.
Electrical power.
Chemicals, fuel and other operating supplies.
Repairs to and maintenance of the equipment associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Replacement.
Any and all persons, natural or corporate, including any
individual, firm, company, municipal or private corporation, association,
governmental agency or other entity and agents, servants or employees.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in the "Standard Methods."
A sewer in which all owners or abutting properties have equal
rights and is controlled or owned by public authority.
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the
collection system to maintain the capacity and performance for which
such system was designed and constructed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A charge levied on users for debt retirement. The charge
shall be based on the total debt retirement divided by the number
of existing residential equivalency connections (REC).
Shall be derived by dividing the total amount of sewage contributed
to the system by the total number of residential equivalency units
as listed in Appendix "A."[2]
A sewer that conveys domestic wastewater or industrial waste,
or a combination of both, and into which stormwaters, surface water
and groundwaters or unpolluted industrial wastewater are not intentionally
passed.
A charge levied on users for operation and maintenance and
replacement costs, based on a cost per 1,000 gallons of flow.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during normal operation and shall adversely
affect the collection system and/or performance of the wastewater
treatment works.
The examination and analytical procedures set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater," as prepared, approved and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation.
A sewer which carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
The Superintendent of the wastewater treatment plant, who
shall be in charge of and supervise the operations and functions of
the wastewater treatment plant.
Solids that either float on the surface of, or are in suspension
in water, sewage or other liquids and which are removable by a laboratory
filtration device. Quantitative determination of suspended solids
shall be made in accordance with procedures set forth in "Standard
Methods."
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 benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
Any person discharging domestic wastewater or industrial
wastes into the collection system.
The Village of Sullivan Sewer Utility established by this
chapter.
Any solids, liquid or gaseous material or combination thereof
discharged from any residences, business building, institutions and
industrial establishments into the collection system or storm sewer.
A combination of the water-carried waste discharged into
the collection system from residences, business buildings, institutions
and industrial establishments, together with such groundwater, surface
water and stormwater as may be present.
A pumping facility utilized to pump wastewater within the
collection system.
Any utility-owned facility, devices and structures used for
receiving and treating wastewater from the utility collection system.
The Wastewater Treatment Plant serving the Village is owned by the
Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
Declaration of policy. The Village Board of the Village of Sullivan
finds and declares that the public health, comfort and safety is preserved
and enhanced by the provisions of the wastewater works in the promotion
of a clean and healthful environment and that the failure to connect
to the wastewater works is contrary to minimum health standards.
B.
Connections.
(1)
To assure preservation of public health, comfort and safety, the
owner of any houses, buildings or properties used for human occupancy,
employment, recreation or other habitations situated within the Village
and adjacent to a public sewer or in a block through which a public
sewer extends is thereby required, at his/her expense, to install
suitable toilet facilities thereon and to connect such facilities
directly with the proper public sewer in accordance with the provisions
of this chapter within nine months after the public sewer first becomes
operational or, if an immediate health hazard exists, within 30 days
upon receipt of notice from the Health Officer or Plumbing Inspector.
(2)
If a person fails to comply with said notice to connect within the
given period of time, the utility may, at its option:
(a)
Cause such connection to be made and bill the property owner
for such costs. If such costs are not paid within 30 days, such costs
shall be assessed as a special tax lien against the property, unless
the owner, within 30 days after the completion of the work, files
a written option with the Village Clerk-Treasurer stating that he/she
cannot pay such amount in one sum and asking that it be levied in
not to exceed five equal annual installments, and the amount shall
be so collected with interest at the rate of 10% per annum from the
completion of the work, the unpaid balance to be a special tax lien;
or
(b)
Impose a standby charge for the period that such failure continues,
after 10 days' written notice to any owner failing to make a connection
to the wastewater works, or an amount equal to 150% of the residential
equivalency charge payable monthly for the period in which the failure
to connect continues and, upon failure to make such payment, said
charge shall be levied as a tax against the lot or parcel to which
sewerage service was furnished.
C.
Alternative disposal prohibited.
(1)
No person shall construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended to be used for the disposal
of domestic wastewater if a public sewer is available.
(2)
No person shall discharge to any natural outlet within the Village
or in any area under the jurisdiction of the Village sewage or other
polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this chapter.
D.
Plumbers. No plumber, pipe fitter or other person will be permitted
to do any plumbing or pipe fitting work in connection with the wastewater
works without first receiving a license from the State of Wisconsin.
E.
Maintenance of services. All sewer services within the limits of
the Village from the street main to the property line and including
all controls between the same shall be maintained and repaired by
the utility without expense to the property owner, except when they
are damaged as a result of negligence or carelessness on the part
of the property owner or occupant, in which case they will be repaired
at the expense of the property owner. All building sewers from the
point of maintenance by the utility and all facilities throughout
the premises served must be maintained free of defective conditions,
by and at the expense of the owner or occupant of the property served.
F.
Users.
(1)
Application for service.
(a)
Every person requesting connection to the wastewater works shall
file an application in writing to the utility, in such form as is
prescribed for that purpose. Blanks for such applications will be
furnished at the office of the Village Clerk-Treasurer. The application
must state fully and truly all the use which will be presently made.
If any change in use from that set forth in the application is contemplated,
the user must obtain a further application and permission from the
utility. If the applicant is not the owner of the premises, the written
consent of the owner must accompany the application.
(b)
The application may be for service to more than one building
or more than one unit of service through one service connection and,
in such case, charges shall be made accordingly.
(c)
If it appears that the service applied for will not provide
adequate service for the contemplated use, the utility may reject
the application. If the utility approved the application, it shall
issue a permit for services as shown on the application.
(d)
All expenses relating to the connection to the wastewater works
shall be paid by the applicant or owner.
(2)
Tap permits. After sewer connections have been introduced into any
building or upon any premises, no plumber shall make any alterations,
extensions or attachments, unless the party ordering such tapping
or other work shall obtain and exhibit the proper permit for the same
from the utility.
(3)
User to keep in repair. All users shall keep their own service pipes
in good repair and protected from frost, at their own risk and expense,
and shall prevent any unnecessary overburdening of the wastewater
works. The user is responsible for their service pipe from the lot
line through their premises.
(4)
User use only. No user shall allow other persons to connect to or
permit other uses to be made of the wastewater works through his/her
lateral.
(5)
User to permit inspection. Every user shall permit the utility 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.
(6)
Responsibility. No claim shall be made against the utility or its
agents or employees by reason of the breaking, clogging, stoppage
or freezing of any service pipe, nor from any damage arising from
repairing mains, making connections or extensions or any other work
that may be deemed necessary by the utility absent (gross) negligence
of the utility, its agents or employees. The Village may cut off the
service at any time for the purpose of repairs or any other necessary
purpose, any permit granted or regulation to the contrary notwithstanding.
Whenever it shall become necessary to shut off the sewer service within
any areas of the Village, the utility shall, if practicable, give
notice to each affected user.
G.
Excavations.
(1)
In making excavations in streets or highways for laying service pipe
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.
(3)
All services within the public right-of-way shall have their trenches
backfilled with compacted sand and gravel unless the excavated material
is approved by the Village and this work, together with the replacing
of sidewalks and paving, must be done so as to make the street as
good, at least, as before it was disturbed and satisfactory to the
Village. No opening of the streets for tapping the pipes will be permitted
when the ground is frozen.
H.
Laterals.
(1)
All laterals on private property will be installed in accordance
with Ch. SPS 382, Wis. Adm. Code, as from time to time amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
The building sewer shall be inspected by the Superintendent or his/her
designee upon completion of placement of the pipe and before backfilling
and tested before and after backfilling.
I.
Tapping the mains.
(1)
No persons, except those having special permission from the utility
or persons in its service and approved by it, will be permitted under
any circumstances to tap the public sanitary sewers. The kind and
size of the connection with the public sanitary sewers shall be that
specified in the permit or order from the utility.
(2)
Pipes should always be tapped at the top and not within six inches
(15 cm) of the joint or within 24 inches (60 cm) of another lateral
connection.
(3)
When any building 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 building sewer shall be installed for
each building.
A.
Basis for sewer service charges. The sewer service charge shall be
based on two parts, the residential equivalency charge plus the sewer
use charge.
B.
Residential equivalency charge.
(1)
A residential equivalency charge is hereby imposed upon each lot,
parcel of land, building or premises served by the wastewater works
or otherwise discharging sewage, including nondomestic and industrial
wastes, into the system. Such residential equivalency charge shall
be payable as herein provided and shall be on the basis of one unit
for each residential equivalent unit.
(2)
On or before September 1 of every year, the Village Clerk-Treasurer
of the Village of Sullivan shall recompute the assignment of residential
equivalent units to all users within the system. Said summation of
residential equivalency units will then be divided into the yearly
debt service to arrive at the charge per residential equivalency unit.
Said assignment method shall apply only to buildings that are attached
to the sanitary collection system. The Residential Equivalency Chart
is attached as Appendix "A" of this chapter.[1]
[1]
Editor's Note: Appendix "A" is on file in the Village offices.
C.
Sewer use charge. The basic sewer service charge is the total service
charge incurred by the Village to pay for its share of the operation,
maintenance and replacement costs of the local and regional system.
(The basic sewer service charge does not include surcharges, special
charges or connection charges which are otherwise provided for in
this chapter or Commission regulations.) The component costs are described
as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Operation,
maintenance and replacement (OM&R) costs. Operation and maintenance
costs include costs to operate and maintain the local wastewater facilities
in order to provide the capacity and performance required by the customers.
These costs include all ordinary and necessary costs required to support
daily operations of the local system, including treatment costs required
to support daily operations of the local system, supplies, employees'
wages and benefits, administrative expenses, consultants' fees and
so forth. Replacement costs are the amounts necessary to ensure replacement
of all equipment, accessories or appurtenances that are necessary
to maintain the local system. These costs are determined by using
the installed cost of the equipment (excluding the cost of technical,
legal, administrative and other fees, since such other costs generally
are not required when materials are replaced) and assigning a service
life to such facilities in order to estimate when replacement will
be required. A sinking fund factor is then applied to determine the
amount of money to be collected per year to ensure that an adequate
amount will be available at the time the equipment is likely to need
replacement. It is anticipated that such funds will be invested by
the Village in an interest-bearing account until required. Although
not anticipated, it is conceivable that OM&R charges may include
debt service costs if borrowing is ever required to meet unexpected
OM&R costs.
(2)
Regional
basic sewer service charges. Regional basic sewer charges include
the Village's share of OM&R costs related to the regional system.
Regional basic sewer service charges shall be allocated to the Village
on an equitable basis, as determined by the Commission and described
in the Commission Agreement and Commission ordinances, which are incorporated
by reference as if set forth in full herein.
D.
Industrial and commercial charges for other than domestic wastewater.
Charges for wastewater other than domestic wastewater shall be based
on flow, BOD, suspended solids, phosphorus and such other constituents
which affect the cost of collection and treatment. All persons discharging
wastes into the wastewater works are subject to a surcharge, in addition
to any other wastewater service charge, if their wastewater has a
concentration greater than domestic wastewater concentrations. The
volume of flow used for computing waste surcharges shall be the metered
water consumption or the actual volume of waste as determined by an
industrial waste metering installation. The amount of surcharge shall
reflect the cost incurred by the utility in removing BOD, suspended
solids, phosphorus and other pertinent constituents. The surcharge
shall be computed on the basis of Model No. 2, contained on page 5270
of the Federal Register, Volume 39, No. 29, February 11, 1974.
|
Surcharge = [BC (B) + sC (S) + pC (P)] Vu
|
E.
Reserve capacity assessments.
(1)
Assessment. There is hereby levied and assessed upon each lot or
parcel of land currently within the Village but not having an existing
connection to the wastewater works and upon land subsequently attached
to the Village a reserve capacity assessment (RCA). Such RCA charge
shall be payable as herein provided and shall be on the basis of one
RCA charge for each residential equivalent connection connected to
the wastewater works.
(2)
Existing and future connections. For the purpose of this chapter,
sewer connections in the Village shall be classified as existing connections
or future connections. Existing connections shall be those in existence
and connections for which a sewer connection permit has been issued
and construction started as to the effective date of this chapter.
Future connections shall be those not in existence as of the effective
date of this chapter.
(3)
Schedule of charges. The reserve capacity assessment for a single-family
residence shall be in an amount as set forth in the current Village
Schedule of Fees, which shall also be the unit of charge for a residential
equivalent connection. The Village Engineer shall determine the residential
equivalency units for all other categories of buildings. Special charges
may be determined by the approving authority for large commercial
or industrial users.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4)
Payments. There shall be no RCA charge for existing connections.
Payments of the RCA charge for future connections shall be made in
full upon the issuance of a building permit.
F.
Ready-to-serve charge. The owner of each premises to which sewer service has been provided by the utility but not connected to the wastewater works for sewer service shall pay for the availability thereof a ready-to-serve charge of 90% of the rate provided by § 374-6B. Any ready-to-serve charge becoming effective during any year shall be charged on a pro rata basis for that year in which such charge becomes effective.
G.
Special rates. It is understood, however, that the approving authority
may, at any time hereafter, set special rates for any large commercial
service, industrial use or any other unique user that does not readily
fit into other categories of users.
A.
Budget. Annually before September 1, the Village Clerk-Treasurer
shall prepare a budget for the following fiscal year which shall be
separated into sections, the first for operation and maintenance and
the second for debt service.
B.
Revenues. Revenues for the operation and maintenance budget shall
include any projected year-end balance (excluding depreciation funds),
operating fund investment income, contract revenues, permit fees,
special rates and sewer use charges.
C.
Expenditures. Expenditures for the operation and maintenance budget shall include all costs defined in § 374-4, plus any projected year-end deficit.
D.
Balanced budget. The operation and maintenance budget shall balance
with the sewer use charge per 1,000 gallons increased so that projected
revenues equal projected expenditures.
E.
Debt service budget. Revenues for the debt service budget shall include
any projected year-end balances in the special assessments funds,
transfers from the tax incremental financing fund, projected residential
equivalency charges, sinking fund interest income, reserve capacity
assessments and property taxes.
F.
Debt service expenditures. Expenditures for the debt service budget
shall include principal, interest, premiums, paying agency fees and
other expenses related to debt.
G.
Projected revenue. Projected revenues for the debt service budget
shall exceed projected expenditures by 25% with the residential equivalency
charge per REC increased until revenues are 125% of expenditures.
H.
Quarterly billing. Sewer service charges may be billed quarterly
and shall be payable at the Village Clerk-Treasurer's office or at
any other officially designated location. Statements for such charges
and assessments levied and assessed in accordance with this chapter
shall become due and payable within 40 days from and after the date
of the statement. In the event that any such statement or statements
are not paid when due, a penalty of 10% will be added thereto.
I.
Responsibility for billing. The property owner is held responsible
for all sewer bills on premises that he/she owns. All sewer 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.
J.
Failure to receive bill; no penalty exemption. Every reasonable care
will be exercised in the proper delivery of sewer bills. Failure to
receive a sewer bill, however, shall not relieve any person of the
responsibility for payment of sewer rates within the prescribed period,
nor exempt any person from any penalty imposed for delinquency in
the payment thereof.
K.
Delinquent bills. On October 15 in each year, notice shall be given
to the owner or occupant of all lots or parcels of real estate to
which service has been furnished prior to October 1 and payment for
which is owing and in arrears at the time of giving such notice. The
utility shall furnish the Village Clerk-Treasurer with a list of all
such lots or parcels of real estate and the notice shall be given
by the Clerk-Treasurer. Such notice shall be in writing and shall
state the amount of such arrears, including any penalty assessed pursuant
to the rules of such utility, that unless the same is paid by November
1, a penalty of 10% of the amount of such arrears will be added thereto,
and that unless such arrears and penalty 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. On November 16, the Village Clerk-Treasurer issuing the notice
shall certify and file a list of all lots or parcels of real estate,
giving the legal description thereof and the amount of unpaid arrears
and penalty. 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,
and the Village Clerk-Treasurer shall insert the same as a tax against
such lot or parcel of real estate. 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.
A.
The operation and maintenance fund shall be used for payment of any items defined in the definition of "operation and maintenance cost" in § 374-4.
B.
The debt service fund shall contain all revenues transferred from
special assessments, tax incremental financing funds, property taxes,
residential equivalency charges, reserve capacity assessments and
other sources intended for debt. This fund shall be used only for
the payment of principal and interest and fees directly related to
debt payment.
C.
The depreciation fund shall contain an appropriation from the operation
and maintenance fund which shall be used for the following purposes:
(1)
Cost of the replacement of existing sewer mains.
(2)
Cost of substitution of larger size for existing mains.
(3)
Cost of new primary sewer mains and installation of the same in excess
of such charge or cost payable by statutory assessment.
(4)
Cost of road repair required by such construction.
(5)
Cost of contracted engineering service to insure a planned program.
(6)
Cost of repairs, renewals or expansion of the local system in excess
of $5,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
No person shall discharge or cause to be discharged any stormwater,
groundwater, roof runoff, yard drainage, yard fountain, swimming pool
or pond overflow into the collection system. Unpolluted water or waste
shall be discharged to only storm sewers or to a natural outlet.
B.
No person shall discharge or cause to be discharged to the collection
system, either directly or indirectly, any of the following-described
wastes or wastewater:
(1)
Any liquid having a temperature higher than 150° F. (65°
C.)
(2)
Any wax, grease or oil, plastic or any other substance that will
solidify or become discernibly viscous at temperatures between 32°
to 150° F. (0° to 65° C.)
(3)
Any solids, liquids or gases which, by themselves or by interaction
with other substances, may cause fire, explosion, hazards, create
toxic fumes or in any other way be injurious to persons or property
involved in the operation or maintenance of the wastewater works.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater works, such as, but not
limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, unground garbage, whole blood,
paunch manure, hair and fleshings, entrails, paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(5)
Any garbage that has not been properly comminuted or shredded to
such a degree that all particles will be carried freely in suspension
in the municipal sewers. (100% passing 1/2 inch screen; 90% passing
1/4 inch screen.)
(6)
Any noxious or malodorous substance, which either singly or by interaction
with other substances, is capable of causing odors objectionable to
persons of ordinary sensitivity.
(7)
Any wastes or wastewater having a pH lower than 5.5 or higher than
9.0 or having any corrosive property capable of causing damage or
hazards to the wastewater works or personnel.
(8)
Any wastes or wastewater of such character and quantity that unusual
attention or expense is required to handle it in the wastewater works.
(9)
Any wastewater or wastes containing a toxic or poisonous substance,
such as plating or heat-treating wastes, in sufficient quantity to
injure or interfere with the wastewater treatment process, to constitute
a hazard to humans or animals, to create any hazard in the wastewater
works or which would cause the utility wastewater treatment facilities
to discharge any of the following pollutants in quantities in excess
of the limitations established in the Wisconsin Administrative Code
or WPDES permit: cyanide, hexavalent chromium, trivalent chromium,
copper, nickel, cadmium, zinc, phenols, iron and tin.
(10)
Any radioactive wastes greater than allowable releases as specified
by current United States Bureau of Standards handbooks dealing with
the handling and release of radioactivity.
(11)
Free or emulsified oil and grease exceeding on analysis an average
of 100 mg/l of either or both or combinations of free or emulsified
oil and grease if, in the opinion of the Superintendent, it appears
probable that such wastes or wastewater:
(a)
Can deposit grease or oil in the collection system in such manner
to cause it to clog.
(b)
Are not amenable to bacterial action and will, therefore, pass
to the receiving waters without being affected by normal wastewater
treatment processes.
(c)
Can have deleterious effects on the wastewater treatment process
due to the excessive quantities.
(12)
Any cyanides or cyanogen compounds capable of liberating hydrocyanic
gas or acidification in excess of 0.5 mg/l by weight as cyanide in
the wastes.
(13)
Wastes or wastewater, which:
(a)
Cause unusual concentrations of solids or composition as, for
example, in total suspended solids of inert nature (such as fuller's
earth) and/or in total dissolved solids (such as sodium chloride or
sodium sulfate).
(b)
Cause excessive discoloration in the wastewater treatment facilities
discharge.
(c)
Has BOD in excess of 900 mg/l based upon a twenty-four-hour
composite sample.
(d)
Has a total BOD or suspended solids loading in excess of the wastewater discharge permit described in § 374-15.
(e)
Is discharged without application for a wastewater discharge permit or contractual agreement as required under § 374-15.
(f)
Cause damage to the collection system or impair the treatment
process.
C.
No person shall allow the discharge of slugs of water or wastes to
the collection system which may be harmful to the operation of the
wastewater works. Where, in the opinion of the Superintendent, slugging
does occur, each person producing such a discharge into the collection
system shall construct and maintain, at his/her own expense, a storage
reservoir of sufficient capacity with flow-control equipment to insure
an equalized discharge over a twenty-four-hour period.
D.
No person shall discharge any waste or wastewater which would cause
the wastewater treatment facilities to be in violation of any of the
requirements of their WPDES permit.
E.
No person shall connect to and discharge to the collection system,
unless there is capacity available in all downstream components of
the wastewater works as determined by the Village Engineer.
Any person who accidentally discharges wastes or wastewater prohibited under § 374-9 shall immediately report such discharge to the Superintendent.
A.
The approving authority may require pretreatment facilities of any
person discharging or planning to discharge industrial waste, if the
waste or wastewater could:
(1)
Cause damage to the collection system.
(2)
Impair the treatment process.
(3)
Cause the utility to incur treatment costs exceeding those of domestic
wastewater.
(5)
Cause the wastewater treatment facilities to exceed its total design
loading for volume, BOD, suspended solids or any pollutant.
(6)
Cause a particular industry to exceed its design allocation for volume,
BOD, suspended solids or any other pollutant.
B.
Construction, operation and maintenance of pretreatment facilities
shall be at the expense of the person discharging the industrial waste.
C.
Plans, specifications and any other pertinent information relating
to proposed pretreatment facilities shall be submitted for review
of the Superintendent and Village Engineer prior to the start of construction.
D.
In accordance with Ch. NR 114, Wis. Adm. Code, all pretreatment facilities
shall be operated by qualified personnel holding a license of the
proper class issued by the Wisconsin Department of Natural Resources.
Grease, oil and sand interceptors shall be provided at repair
garages, gasoline stations, car washes and other industrial or commercial
establishments for the proper handling of liquid wastes containing
grease in excessive amounts, oil, flammable wastes, sand and other
harmful ingredients. All interceptors shall be constructed in accordance
with the Wisconsin Plumbing Code and shall be located as to be readily
and easily accessible for easy cleaning and inspection. All grease,
oil and sand interceptors shall be maintained by the owner, at his/her
expense, in continuous, efficient operation at all times.
A.
Assignment of wastewater flows. Wastewater flows shall be assigned
in accordance with the Residential Equivalency Charge Chart on file
in the Village office, unless:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
In the case of any lot, parcel of land, building or premises discharging
domestic wastewater or industrial waste into the collection system,
the owner or occupant of such property shall cause to be installed
necessary metering equipment as approved by the Superintendent to
measure the quantity of water pumped or discharged to the collection
system. The user charge shall be based on the quantity of water so
measured. Whenever the person fails to install such metering equipment
or where it is not practicable to measure the water consumed on any
premises by a meter or meters, the Superintendent shall determine
the estimated volume of water discharged into the wastewater works.
B.
Metering devices. The Superintendent may require the installation
of devices for metering the volume of waste discharged if those volumes
cannot otherwise be determined or if the user discharges over 2,000
gallons on any day. The metering devices shall be owned and maintained
by the person and may not be removed without consent of the Superintendent.
C.
Control manholes. All persons discharging industrial wastes into
the wastewater works shall construct and maintain control manholes
in suitable and accessible positions on public property or easements
to facilitate the observation, measurement and sampling of all his/her
wastes or wastewater. Control manholes shall be located and constructed
in a manner approved by the Superintendent. Plans shall be submitted
to the Superintendent prior to construction.
A.
The Village will collect samples and perform laboratory tests on
industrial waste discharges as necessary to verify the quantity of
flow and character and concentration of an industrial waste. The utility
test results shall be used to determine the applicable surcharge.
B.
Waste or wastewater discharge may be sampled manually or by the use of mechanical equipment as necessary to obtain a representative twenty-four-hour composite sample. Samples shall be taken at intervals to be established by contractual agreement under § 374-8 intervals, as determined by the Superintendent.
C.
When Ch. NR 101 or Ch. NR 202, Wis. Adm. Code, requires the submittal
of the character and concentration of wastes, waste volume and production
information to the utility or the Wisconsin Department of Natural
Resources (DNR), the user shall have the waste character and concentration
determined by an independent testing laboratory. A copy of the test
results and DNR reports shall be submitted to the Superintendent.
D.
All measurements and test analysis of the characteristics of industrial
wastes shall be determined in accordance with "Standard Methods."
A.
Wastewater discharge permit.
(1)
A wastewater discharge permit is required under this section if a
person's discharge into the utility wastewater works has any of the
following characteristics:
(2)
Any such persons planning to discharge, changing the characteristics
of their discharge or whose discharge permit has expired shall make
application to the Superintendent within 60 days prior to the discharge.
All persons currently discharging shall make application to the Superintendent
within 60 days after passage of this chapter and must have an executed
permit within 60 days of application to discharge or discontinue discharging.
A discharge permit will be required for each separate point of discharge
into the utility wastewater works. No person shall discharge waste
or wastewater into the utility wastewater works without a wastewater
discharge permit if required by this section.
B.
Permit application.
(1)
Users seeking a wastewater discharge permit shall complete and file
with the Superintendent an application on the form prescribed by the
Superintendent. In support of this application, the user shall submit
the following information:
(a)
Name, address and standard industrial classification number
of applicant.
(b)
Average daily volume of wastewater to be discharged.
(c)
Wastewater constituents and characteristics as determined by
a method approved by the Superintendent.
(d)
Time and duration of discharge.
(e)
Average and peak 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 and appurtenances by size, location and elevation.
(g)
Description of activities, facilities and plant processes on
the premises including all materials and types of materials which
are, or could be, discharged.
(h)
Each product produced by type, amount and rate of production.
(i)
Number and type of employees and hours of work.
(j)
Any other information as may be deemed by the Superintendent
to be necessary to evaluate the permit application.
(2)
The Superintendent will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance
of the data furnished, the Superintendent 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 chapter and all other regulations,
user charges and fees established by the approving authority. The
conditions of wastewater discharge permits shall be uniformly enforced
by the Superintendent in accordance with this chapter and applicable
state and federal regulations. Permit conditions will include the
following:
(1)
The residential equivalency charge, sewer use charge and schedule
for surcharge fees for the wastewater to be discharged to the wastewater
works.
(2)
The average and maximum wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
(4)
Requirements for installation of control manholes.
(5)
Pretreatment requirements.
(6)
Requirements for maintaining plant records relating to wastewater
discharges as specified by the Superintendent and affording the Village
access thereto.
(7)
Average and maximum pollutant concentrations and total daily average
and maximum pollutant discharges for all pollutants subject to limitations
and prohibitions which are present in the user's wastewater discharge.
(8)
All persons required to make application for a wastewater discharge
permit shall, before issuance of the permit, enter into a contractual
agreement with the Village. The contractual agreement shall contain
the conditions set forth in the discharge permit, requirements for
industrial cost recovery charges and other items deemed necessary
by the approving authority.
(9)
Other conditions as deemed appropriate by the Superintendent to insure
compliance with this chapter.
D.
Duration of permits. A permit shall be issued for one year and shall
be automatically renewed on a year-to-year basis thereafter, unless
the person is notified by the Superintendent within 60 days prior
to the expiration of the permit or any renewal thereof. After such
notification by the Superintendent, the permit shall expire at the
end of that year. The terms and conditions of the permit shall be
subject to modification and change by the Superintendent during the
life of the permit, if so required because of any ordinances, statutes
or rules and regulations of the approving authority or any applicable
state or federal body. The person shall be informed of any proposed
changes in his/her permit at least 60 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.
Transfer of a permit. 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.
F.
Revocation of permit. Any user who violates any of the conditions
of his/her permit contractual agreement, or this chapter, or of applicable
state and federal regulations is subject to having his/her permit
revoked.
G.
Septic haulers. Pursuant to the Commission Agreement, septic waste
and holding tank waste are not permitted to be discharged to the wastewater
treatment plant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The Village shall be permitted to gain access to such properties
as may be necessary for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this chapter.
When requested by the user furnishing a report or permit application
or questionnaire, the portions of the report, or other document, which
might disclose trade secrets or secret processes shall not be made
available for use by the Village or any state agency in judicial review
or enforcement proceedings involving the person furnishing the report.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
Any person who fails to comply with any of the provisions of this
chapter or with an order of the approving authority issued in pursuance
of this chapter or who shall tamper with metering or sampling shall
be liable to the Village for any expense, loss or damage occasioned
by such violation, including reasonable attorneys' fees and other
expenses of litigation and upon conviction of any violation of this
chapter shall be fined in the amount of $1,000 per violation, plus
damages. Each day a condition is allowed to exist which is contrary
to all or any part of this chapter shall constitute a new violation.
Change of ownership or occupancy of premises delinquent under the
provisions of this chapter shall not be cause for reducing or eliminating
charges due to penalties for violations.
B.
If any user shall discharge a waste or wastewater with a BOD concentration of 900 mg/l or greater, as defined in § 374-9B(13), said user shall pay a penalty of $1,000 per violation. Each day a violation occurs shall constitute a separate violation. Said penalty shall be added to the monthly or quarterly billing statement.
C.
In addition to the court proceedings and penalties described in the
foregoing sections of this chapter, whenever a person violates any
provision of this chapter or fails to comply with any order of the
approving authority, the approving authority may order that an action
be commenced on behalf of the utility in the Lake Country Municipal
Court, or the currently contracted court for the Village, for the
purpose of obtaining an injunction restraining the person violating
the chapter or failing to comply with the order from making any further
discharges into the wastewater works of the Village.
The Village shall operate the sewer utility and enforce this
chapter in accordance with § NR 128.13, Wis. Adm. Code.
The main items included in § NR 128.13, Wis. Adm. Code,
are as follows:
A.
The Village shall maintain a proportionate distribution of operation
and maintenance costs among users and user classes.
B.
The Village shall generate sufficient revenues to pay total operation,
maintenance and replacement costs.
C.
The Village shall apply excess revenues collected from a class of
users to the costs of operation and maintenance attributable to that
class for the next year and adjust the rate accordingly.
D.
All user charges specifically collected for replacement shall be
deposited in a separate and distinct fund which shall be used exclusively
for replacement.
E.
Users discharging toxic pollutants shall pay for any increased operation,
maintenance and replacement costs caused by the toxic pollutants.
F.
Users shall be notified at least annually in conjunction with a regular
bill of the rate and that portion of the user charges which are attributable
to wastewater treatment services.
G.
This chapter shall take precedence over any terms or conditions of
agreement or contracts between the Village and users which are inconsistent
with the requirements of § NR 128.13.
