[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:
ACT
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)]
APPROVING AUTHORITY
The Village Board of the Village of Sullivan or its duly
authorized deputy, agent or representative.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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.
COLLECTION SYSTEM
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
DEBT RETIREMENT
All annual principal and interest requirements and obligations
of the Village for the wastewater works.
DOMESTIC WASTEWATER
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.
INDUSTRIAL COST RECOVERY
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.
INDUSTRIAL USER
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.
INDUSTRIAL WASTE
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.
INTERCEPTING SEWER
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.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
NORMAL SEWAGE
Sanitary sewage in which BOD, suspended solids or phosphorus
concentrations do not exceed normal concentrations of:
A.
A five-day, 20° C. BOD of not more than 400 parts per million;
B.
A suspended solids concentration of not more than 250 parts
per million; or
C.
Phosphorus not more than 12 parts per million.
OPERATION AND MAINTENANCE COST
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)]
A.
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.
C.
Chemicals, fuel and other operating supplies.
D.
Repairs to and maintenance of the equipment associated therewith.
E.
Premiums for hazard insurance.
F.
Premiums for insurance providing coverage against liability
for the injury to persons and/or property.
H.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
I.
Consultant and legal fees.
PERSONS
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.
pH
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."
PUBLIC SEWER
A sewer in which all owners or abutting properties have equal
rights and is controlled or owned by public authority.
REPLACEMENT
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)]
RESIDENTIAL EQUIVALENCY CHARGE
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).
RESIDENTIAL EQUIVALENT CONNECTION (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."
SANITARY SEWER
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.
SEWER USE CHARGE
A charge levied on users for operation and maintenance and
replacement costs, based on a cost per 1,000 gallons of flow.
SLUG
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.
STANDARD METHODS
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.
STORM SEWER
A sewer which carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
SUPERINTENDENT
The Superintendent of the wastewater treatment plant, who
shall be in charge of and supervise the operations and functions of
the wastewater treatment plant.
SUSPENDED SOLIDS
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."
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
USER
Any person discharging domestic wastewater or industrial
wastes into the collection system.
UTILITY
The Village of Sullivan Sewer Utility established by this
chapter.
WASTE
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.
WASTEWATER
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.
WASTEWATER TREATMENT FACILITIES
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)]
WASTEWATER WORKS
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
WPDES PERMIT
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)]
Any person who accidentally discharges wastes or wastewater prohibited under §
374-9 shall immediately report such discharge to the Superintendent.
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.
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.