[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[Adopted by the Commissioners of the Town of Sheboygan Sanitary
District No. 2 (Sewer) 11-16-2015 by Ord. No. 10192015, as amended through November
2023]
A.
Title; sewer use and sewer service charge ordinance. An ordinance
regulating the use of public and private sewers and drains, the installation
and connection of building sewers, the discharge of waters and wastes
into the public sewer system, and providing penalties for violations
thereof; and levying and collection of sewer service charges, in the
Town of Sheboygan Sanitary District No. 2, County of Sheboygan, State
of Wisconsin.
B.
Preamble.
(1)
Provision has been made in the design, construction and operation
of such facilities to accommodate certain types and quantities of
industrial wastes in excess of, and in addition to, normal sewage.
(2)
It is the obligation of the producers of industrial wastes to defray
the cost of extraordinary services rendered by the Town of Sheboygan
Sanitary District No. 2 in an equitable manner and, insofar as it
is practicable, in proportion to benefits derived.
(3)
The Town of Sheboygan Sanitary District No. 2 has contracted with
the City of Sheboygan to treat its sewage and the Town of Sheboygan
Sanitary District No. 2 has agreed to establish and adopt necessary
rules and regulations or ordinances at least in conformity with City
ordinances.
(4)
Proper protection and operation of the collection and treatment facilities
may require either the exclusion, pretreatment, or controlled discharge
at point of origin of certain types or quantities of industrial wastes.
BOD (denoting biochemical oxygen demand) The quantity of
oxygen utilized in the biochemical oxidation of organic matter in
five days at 20° C., expressed as milligrams per liter (mg/l).
Quantitative determination of BOD shall be made in accordance with
Chapters NR 218 and NR 219, Wisconsin Administrative Code.
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 public sewer
or other place of disposal (also called "house connection").
Category A sewer users are lots, parcels, buildings or premises
consisting of single unit residential, commercial, and schools having
a connection to the Town of Sheboygan Sanitary District No. 2 wastewater
collection system that discharge normal domestic strength wastewater
and that have individually metered water service connections to the
Town of Sheboygan Sanitary District No. 3 (Water) utility.
Category B sewer users are multiple unit residential, nursing
homes, assisted living or other use buildings or premises having a
connection to the Town of Sheboygan Sanitary District No. 2 wastewater
collection system that discharge normal domestic strength wastewater
that have water service from the Town of Sheboygan Sanitary District
No. 3 (Water) utility, but, do not have individually metered water
service.
Category C sewer users are residential units, lots, parcels,
buildings or premises having a connection to the Town of Sheboygan
Sanitary District No. 2 wastewater collection system that discharge
normal domestic strength wastewater that do not have metered water
service from the Town of Sheboygan Sanitary District No. 3 (Water)
utility. Category C users include properties located in the Town of
Sheboygan Falls that have been annexed to the Town of Sheboygan Sanitary
District No. 2 including the Bains Inc. manufactured home park.
Category D users are lots, parcels, buildings or premises
having a connection to the Town of Sheboygan Sanitary District No.
2 wastewater collection system that discharge BOD, suspended solids,
or phosphorus concentrations in excess of the limits for normal domestic
strength wastewater. "Category D" is defined as wastewater having
concentrations of biochemical oxygen demand (BOD) no greater than
165 mg/l, suspended solids no greater than 214 mg/l, and total phosphorous
no greater than 4.2 mg/l. Users whose wastewater exceeds the concentrations
for any one of these parameters shall be in Category D.
Category E sewer users are lots, parcels, buildings or premises
located within the municipal boundaries of the City of Sheboygan having
a connection to the Town of Sheboygan Sanitary District No. 2 wastewater
collection system that discharge normal domestic strength wastewater.
The amount of chlorine, in milligrams per liter (mg/l), which
must be added to sewage to produce residual chlorine as specified
in the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.
The City of Sheboygan.
Designated officials of the city.
City wastewater collection facilities (or city wastewater
collection system) shall mean the city sewer systems, structures,
and equipment required to collect and carry away wastewater, which
are owned, operated, and maintained by the city.
A sewer intended to receive both wastewater and stormwater
or surface water.
BOD, suspended solids, phosphorus, pH, or fecal coliform
bacteria, plus additional pollutants identified in the WPDES permit
for the city's wastewater treatment facility receiving the pollutants,
if the facility was designed to treat such additional pollutants,
and, in fact, does remove such pollutants to a substantial degree.
The Town of Sheboygan Sanitary District No. 2.
The President, Director of Public Works or other authorized
representatives of the District.
District Commission is the sovereign governing body of the
District.
District wastewater collection facilities (or District wastewater
collection system) shall mean the District's sewer system, structures,
equipment, and processes required to collect and carry away wastewater,
which are owned, operated, and maintained by the District.
An acquired legal right for the specified use of land owned
by others.
Floatable oil is 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.
The residue from the preparation, cooking, and dispensing
of food, and from the handling, storage, and sale of food products
and produce.
The residue from the preparation, cooking, and dispensing
of food that has been shredded to such a degree that all particles
will be carried freely in suspension under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2 inch
in any dimension.
Wastewater with pollutants that will adversely affect or
disrupt the operation and maintenance of the wastewater collection
facilities or the quality of wastewater treatment if discharged to
a wastewater treatment facility.
The wastewater from industrial process, trade or business
as distinct from sanitary sewage.
An industry that:
Has a process flow of 25,000 gallons (3,342 cubic feet) or more
per average workday;
Has a process flow greater than 5% of the flow carried by the
wastewater collection and treatment facilities receiving the waste;
Has a material in its discharge included on a list of toxic
pollutants issued under § 147.07(1), Wis. Stats.; or
Has a significant impact, either singularly or in combination
with other contributing industries, on the wastewater treatment facility
or the quality of its effluent.
The duly authorized representatives of the municipality.
The municipal sewer systems, structures, equipment and processes
required to collect and carry away wastewater. These municipal wastewater
collection facilities are owned, operated and maintained by the municipalities
and extend to the effluent point of each of the municipal metering
stations.
The communities and sanitary districts that are served by
the city interceptor sewers or city wastewater treatment plant.
Any outlet, including storm sewers and combined sewer overflow,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
Wastewater with concentrations of BOD no greater than 165
mg/l, suspended solids no greater than 214 mg/l, and total phosphorus
no greater than 4.2 mg/l.
Includes all costs associated with the operation and maintenance
of the wastewater collection and treatment facilities, as well as
the costs associated with periodic equipment replacement necessary
for maintaining capacity and performance of wastewater collection
and treatment facilities.
Part per million shall be 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 of the reciprocal of the hydrogen-concentration.
The concentration is the weight of hydrogen-ions, in grams, per liter
of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen-ion concentration of 10-7.
Total phosphorus and is expressed in mg/l of P (phosphorus).
Any publicly owned sewer, storm drain, sanitary sewer, or
combined sewer.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
wastewater collection and treatment facilities to maintain the capacity
and performance for which such facilities were designed and constructed.
Operation and maintenance expenses include replacement costs.
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of ground-, storm-, and surface waters
that are not admitted intentionally.
The spent water of a community; the preferred term is "wastewater"
as defined in this section.
A pipe or conduit that carries wastewater or drainage water.
A service charge levied on users of the wastewater collection
and treatment facilities for payment of capital-related expenses,
as well as operating and maintenance costs of the facilities. (The
term "user charge," which covers operation and maintenance and replacement
costs, is a part of the sewer service charge.)
"Shall" is mandatory; "may" is permissible.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds, for any
period of duration longer than 15 minutes, more than five times the
average twenty-four-hour concentration of flows during normal operation
and shall adversely affect the system and 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,
Sewage and Industrial Wastes" published jointly by the American Public
Health Association, the American Water Works Association, and the
Federation of Sewage and Industrial Wastes Association.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
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 for Examination of Water
and Wastewater, and that are referred to as nonfilterable residue.
The average amount of wastewater discharged by a single-family
living unit. One UCE is assumed to equal 210 gallons per day computed
at three average per capita unit at 70 gallons per capita day with
pollutant concentrations of BOD no greater than 165 mg/l, suspended
solids no greater than 214 mg/l, and total phosphorus no greater than
4.2 mg/l.
Is 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.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation and maintenance costs
of such facilities.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater that
may be present.
The city and District wastewater collection facilities.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
Is a document issued by the Wisconsin State Department of
Natural Resources which established effluent limitations and monitoring
requirements for the city's wastewater treatment facility. WPDES
Permit No. WI-0025411 and modifications thereof pertain to the city's
wastewater treatment facility.
A.
Use of public sewer required.
(1)
Connection. The owner of all houses, buildings, or properties used
for human occupancy, recreation, or other purposes, situated within
the District and abutting on any street, alley, right-of-way or easement
in which there is now located or may in the future be located a public
sanitary sewer of the District, or is accessible through an easement
to any such sewer is hereby required at the owner's expense to
install suitable toilet facilities and to connect any facilities discharging
sanitary sewage and/or industrial wastes to the proper public sewer.
The connection shall be made directly to the proper public sewer in
accordance with the provisions of this ordinance, within 90 days after
the date of the official notice to connect.
(2)
Health standard. This ordinance ordains that the failure to connect
or deliver wastewater to the sewer system is contrary to the minimum
health standards of said District and fails to assure preservation
of public health, comfort, and safety of said District.
C.
Failure to connect - health hazard. This ordinance ordains that the
failure to connect to the sewer system is contrary to the minimum
health standards of said District and fails to assure the preservation
of public health, comfort and purposes of the District.
D.
Failure to connect. Upon the failure of the owner to connect and
in addition to any other penalties demanded by the District, the District,
at its option, may impose a penalty for the period that the violation
continues after 10 days written notice to the owner failing to make
connection to the sewer system for an amount equal to 150% of the
minimum quarterly charge for sewer service payable quarterly for the
period in which the failure to connect continues, and upon failure
to make such payment, said charge shall be a lien upon the property,
and taxed and collected pursuant to §§ 66.0821 and
66.0809, Wis. Stats.
E.
New connections. New connections to the District sanitary sewer system
will be allowed only if there is available capacity in all of the
downstream wastewater collection and treatment facilities.
A.
Disposal into lake or streams prohibited. Every owner of property
within the District from which domestic or industrial sewage or waste
is being discharged through a sewer or otherwise into any lake or
stream shall make such sewer installations and connections with the
District sewer system so as to cause the sewage or waste to flow into
the District sewer system.
B.
Disposal onto public ways and gutters prohibited. No person shall
permit any drain or sewer from a dwelling house, barn, stable, garage,
shop or other building upon the premises owned or occupied by him
to discharge into any open sewer or gutter or upon or over any public
street, sidewalk or alley.
C.
Unlawful connections to building sewer; disconnection required upon
notice.
(1)
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 is connected directly
or indirectly to a sanitary sewer.
(2)
All downspouts or groundwater drains connected directly or indirectly
to a sanitary sewer shall be disconnected.
(3)
Any violation of this section shall subject the violator to a forfeiture
of not less than $10 or more than $100, together with the costs of
prosecution, and in default of payment thereof, to imprisonment in
the county jail until such costs and forfeiture are paid, but not
to exceed 60 days. Each day of violation or noncompliance shall constitute
a separate offense.
D.
Unauthorized work. No unauthorized person shall uncover, make any
connections with or opening into, use, alter or disturb the sanitary
sewer or appurtenances thereof without first obtaining a written permit
from the District.
E.
Liability for cost of installation and connection. All costs and
expense incident to the installation and connection of the building
sewer shall be borne by the person. Such person shall indemnify the
District from any loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
F.
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 District Plumbing Inspector, to meet all requirements of this
ordinance.
G.
Materials and methods for construction. The size, slope, alignment,
materials of construction of a building sewer and the methods to be
used in excavating, placing of pipe, jointing, testing and backfilling
the trench shall all conform to the requirements of the building and
plumbing codes or other applicable rules and regulations of the District.
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.
H.
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 sewage carried by such building drain shall
be lifted by an approved means and discharged to the building sewer.
I.
Inspection prior to connection to public sewer. The applicant for
the building sewer permit shall notify the Plumbing Inspector when
the building sewer is ready for inspection and connection to the public
sewer. The connection shall be made under the supervision of the District
Plumbing Inspector.
J.
Standards for connection. The connection of the building sewer into
the sanitary sewer shall conform to the requirements of the building
and plumbing codes or other applicable rules and regulations of the
District or the procedures set forth in appropriate specifications
of the ASTM and 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 District approving
authority before installation.
K.
Protection of excavations; restoration of property.
(1)
All excavations for the building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard.
(2)
Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the District approving authority.
L.
Sanitary sewers.
(1)
Limitations on discharges. No person shall discharge or cause to
be discharged any unpolluted waters such as stormwater, groundwater,
roof runoff, subsurface drainage or cooling water to any sanitary
sewer. Stormwater runoff from limited areas, which may be polluted
at times, may be discharged to the sanitary sewers by permission of
the District approving authority.
(2)
Inspections for illegal connections. District personnel, the Plumbing
Inspector or other designated representatives will make inspections
throughout the District of all stormwater and clear water drain connections
to sanitary sewers and illegal downspout connections. Violations will
be reported to the Director of Public Works.
M.
Discharges to storm sewers restricted. Stormwater, other than that exempted under § A341-4L, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the District approving authority and other regulatory bodies. Unpolluted industrial cooling waters or process waters may be discharged, on approval of the District approving authority, to a storm sewer, combined sewer or natural outlet.
N.
Prohibitions and limitations on discharges.
(1)
Except as provided in Subsection N(2) of this section, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a)
Any gasoline, benzene, naphtha, fuel oil, or other flammable
or explosive liquid, solid or gas.
(b)
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any waste treatment or sludge
disposal process, constitute a hazard to humans or animals, or create
a public nuisance in the receiving waters of the wastewater treatment
facility.
(c)
Any waters or wastes having a pH lower than 5.0 or having any
other corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the wastewater collection and treatment
facilities.
(d)
Any waters or wastes having a pH in excess of 12.0.
(e)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in public sewers or other interference
with the proper operation of the wastewater collection and treatment
facilities, such as but not limited to ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings,
entrails, and paper dishes, cups, milk containers, etc., either whole
or ground by garbage grinders.
(2)
The following described substances, materials, waters or wastes shall
be limited in discharges to municipal sanitary sewer systems to concentrations
or quantities which will not harm either the sanitary sewers, wastewater
treatment process or equipment; will not have an adverse effect on
the receiving stream; or will not otherwise endanger lives, limb,
public property or constitute a nuisance. The District approving authority
may set limitations lower than the limitations established in this
subsection if, in his opinion, more severe limitations are necessary
to meet the objectives of this section. In forming his opinion as
to the acceptability, the District approving authority will give consideration
to such factors as the quantity of subject waste in relation to flows
and velocities in the sewers, materials of construction of the sanitary
sewers, the wastewater treatment process employed, capacity to handle
the waste at the wastewater treatment facility, and other pertinent
factors. The limitations or restrictions on materials or characteristics
of wastes or wastewaters discharged to the sanitary sewers which shall
not be violated without approval of the District approving authority
are as follows:
(a)
Wastewater having a temperature higher than 150° F. (65°
C.).
(b)
Wastewater containing more than 200 mg/l of total oil and grease,
including, but not limited to, petroleum oil, nonbiodegradable cutting
oils or products of mineral oil origin.
(c)
Wastewater from industrial plants containing floatable oils,
fat or grease.
(d)
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 the preparation of food in kitchens
for the purpose of consumption on the premises or when served by caterers.
(e)
Any waters or wastes containing iron, chromium, copper, zinc,
and other toxic and nonconventional pollutants to such degree that
any such material received in the composite wastewater in concentrations
that exceed levels specified by federal, state or local authorities.
(f)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the District approving authority.
(g)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the District approving authority
in compliance with applicable state or federal regulations.
(h)
Any waters or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes employed
or are amenable to treatment only to such degree that the wastewater
treatment facility effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
(i)
Any waters or wastes which, by interaction with other waters
or wastes in the sanitary sewer system, release obnoxious gases, form
suspended solids which interfere with the collection system or create
a condition deleterious to structures and treatment processes.
(j)
Materials which exert or cause:
[1]
Unusual BOD, chemical oxygen demand, or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment facility.
[2]
Unusual volume of flow or concentration of wastes constituting
slugs, as defined in this article.
[3]
Unusual concentrations of inert suspended solids, such as, but
not limited to fuller's earth, lime slurries and lime residues,
or of dissolved solids, such as but not limited to sodium sulfate.
[4]
Excessive discoloration, such as but not limited to dye wastes
and vegetable tanning solutions.
[5]
Incompatible pollutants in excess of the allowed limits as determined
by city, state and federal rules and regulations in reference to pretreatment
standards developed by the Environmental Protection Agency, 40 CFR
403.
(3)
The District shall comply with all the appropriate requirements of
the City of Sheboygan's WPDES Permit No. WI-0025411 and of all
modifications thereof. No discharge shall be allowed into the sanitary
sewer that is in violation of the requirements of the WPDES permit
and the modifications thereof.
O.
Submission of data relative to quantity and characteristics of industrial
wastes; extension of time.
(1)
Each person who discharges industrial wastes to a public sewer shall
prepare and file with the City of Sheboygan and the District approving
authority a report that shall include pertinent data relating to the
quantity and characteristics of the wastes discharged to the wastewater
collection and treatment facilities. This data shall be provided at
a time specified by the City or District approving authority.
(2)
Similarly, each person desiring to make a new connection to a public
sewer for the purpose of discharging industrial wastes shall prepare
and file with the City and the District approving authority a report
that shall include actual or predicted data relating to the quantity
and characteristics of the waste to be discharged.
(3)
When it can be demonstrated that circumstances exist which would
create an unreasonable burden on the person to comply with the time
schedule imposed by this section, a request for extension of time
may be presented to the city and District approving authority for
consideration.
P.
Conditions for handling discharges of above normal strength. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § A341-4N, and which, in the judgment of the City or District approving authority, have a deleterious effect upon the sewer works, processes, equipment or receiving waters or which otherwise create a hazard to life or health or constitute a public nuisance, the City or District approving authority may:
Q.
Control manholes.
(1)
Required. Each person discharging industrial wastes into a sanitary
sewer shall construct and maintain one or more control manholes or
access points to facilitate observation, measurement and sampling
of his wastes, including domestic sewage.
(2)
Location and construction. Control manholes or access facilities
shall be located and built in a manner acceptable to the city and
District approving authority. If measuring devices are to be permanently
installed, they shall be of a type acceptable to the city and District
approving authority.
(3)
Responsibility for installation and maintenance. Control manholes,
access facilities and related equipment shall be installed by the
person discharging the waste, at his expense, and shall be maintained
by him 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
city and the District approving authority prior to the beginning of
construction.
R.
Waste sampling.
(1)
Collection of samples. Industrial wastes discharged into the public
sewers shall be subject to periodic inspection and a determination
of character and concentration of the wastes. The determination shall
be made for the industry every four years, beginning in 1986. Additional
sampling and analyses shall be required for significant changes in
the industry's operation. The sampling may be accomplished either
manually or by the use of mechanical equipment acceptable to the city
and District approving authority. 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.
(2)
Responsibility for sampling facilities. Installation, operation and
maintenance of the sampling facilities shall be the responsibility
of the person discharging the waste and shall be subject to the approval
of the superintendent of the wastewater treatment plant and the District's
DPW. Access to sampling locations shall be granted to the superintendent
of the wastewater treatment plant and the District's DPW or their
authorized representatives at all times.
(3)
Analysis of samples. Samples shall be analyzed for BOD, total suspended
solids, total phosphorus, and all potential contaminants. Results
from all analyses shall be submitted to the wastewater treatment plant
superintendent and the District DPW.
S.
Preliminary treatment. Where required, in the opinion of the city
or the District 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 his expense
such preliminary treatment or processing facilities as may be determined
necessary to render his wastes acceptable for admission to the sanitary
sewers.
T.
Submission of information prior to commencement of construction of
pretreatment facilities. Plans, specifications and any other pertinent
information relating to proposed flow equalization, pretreatment or
processing facilities shall be submitted for review of the city and
District approving authority prior to the start of construction if
the effluent from such facilities is to be discharged into the public
sewers.
U.
Grease and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the city or District approving authority, that they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § A341-4N(2)(c), or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and District approving authority and shall be located so as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner 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 city and District approving authority. Disposal of the collected materials performed by the owner's personnel or licensed waste disposal firms must be in accordance with acceptable Department of Natural Resources (DNR) practice.
V.
Analyses.
(1)
Standards for determinations. All measurements, tests and analyses
of the characteristics of waters and wastes to which reference is
made in this ordinance shall be determined in accordance with Chapter
NR 219, Wisconsin Administrative Code. Sampling methods, locations,
times, durations and frequencies are to be determined on an individual
basis subject to approval by the city approving authority.
(2)
Basis for charges. Determination of the character and concentration
of the industrial wastes shall be made by the person discharging them
or his agent, as designated and required by the city approving authority.
The city approving authority may also make its own analyses on the
wastes, and these determinations shall be binding as a basis for sewer
service charges and industrial cost recovery charges.
W.
Right of entry.
(1)
The city and the District approving authority or other duly authorized
employees of the city or the District bearing proper credentials and
identification shall be permitted to enter all properties for the
purpose of inspection, observation or testing, all in accordance with
this ordinance and § 66.0119, Wis. Stats. The city or District
approving authority or other duly authorized employee of the city
or District 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 sewers or waterways or wastewater treatment facilities.
(2)
While performing the necessary work on private premises referred to in Subsection W(1), the duly authorized city or District employees shall observe all safety rules applicable to the premises established by the person.
(3)
The city or District approving authority or other duly authorized
employees of the city or the District bearing proper credentials and
identification shall be permitted to enter all private properties
through which the city or District holds a duly negotiated easement
for the purposes of but not limited to inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewer works
lying within such easement, all subject to the terms, if any, of such
duly negotiated easement.
X.
Special arrangements. No statement contained in this ordinance shall
be construed as prohibiting any special agreement between the city
and/or the District approving authority and any person whereby an
industrial waste of unusual strength or character may be admitted
to the wastewater collection and treatment facilities, either before
or after pretreatment, provided that there is no impairment of the
functioning of the wastewater collection and treatment facilities
because of the admission of such wastes and no extra costs are incurred
by the city or the District without reimbursement by the person, provided
that all rates and provisions set forth in this ordinance are recognized
and adhered to.
A.
City of Sheboygan industrial pretreatment program ordinances adopted.
Provisions of the City of Sheboygan, Wisconsin, Municipal Code, Chapter
122, entitled Utilities, defining and describing regulations for the
use and discharge of wastewater to the City of Sheboygan publicly
owned treatment works (POTW), exclusive of any provisions relating
to fees and penalties, are hereby adopted by reference and made a
part of this ordinance as if fully set forth herein. Any act required
to be performed or prohibited by the city code incorporated herein
by reference is required or prohibited by this ordinance. Any future
amendments, revisions or modifications of the city code incorporated
herein, including repeal and reenactment, are intended to be made
a part of this ordinance in order to secure uniform regulation and
operation of the POTW. The following specific City of Sheboygan Municipal
Code provisions are hereby adopted and enacted by reference:
(1)
Article VI, Division 1, entitled "Generally," Sections 122-226 to
122.255.
(2)
Article VII, Division 1, entitled "Generally," Sections 122-466 to
122-510.
(3)
Article VII, Division 2, entitled "Administration," Sections 122-511
to 122-550.
(4)
Article VII, Division 3, entitled "Fees," Sections 122-551 to 122-580.
(5)
Article VII, Division 4, entitled "Reporting," Sections 122-581 to
122-600.
B.
Control authority. The control authority of the POTW as designated
by the City of Sheboygan is hereby authorized by the Town of Sheboygan
Sanitary District No. 2 to administer, implement, and enforce the
provisions of the industrial pretreatment program as adopted and enacted
by this ordinance.
A.
Category A users (single-unit residential, commercial, schools).
Category A sewer users are lots, parcels, buildings or premises consisting
of single unit residential, commercial, and schools having a connection
to the Town of Sheboygan Sanitary District No. 2 wastewater collection
system that discharge normal domestic strength wastewater and that
have individually metered water service connections to the Town of
Sheboygan Sanitary District No. 3 (Water) utility.
B.
Category B users (multiple-unit residential, nursing homes, assisted
living and other uses). Category B sewer users are multiple unit residential,
nursing homes, assisted living or other use buildings or premises
having a connection to the Town of Sheboygan Sanitary District No.
2 wastewater collection system that discharge normal domestic strength
wastewater that have water service from the Town of Sheboygan Sanitary
District No. 3 (Water) utility, but, do not have individually metered
water service.
C.
Category C users (residential units without metered water service,
including Town of Sheboygan Falls and Bains Inc. manufactured home
park). Category C sewer users are residential units, lots, parcels,
buildings or premises having a connection to the Town of Sheboygan
Sanitary District No. 2 wastewater collection system that discharge
normal domestic strength wastewater that do not have metered water
service from the Town of Sheboygan Sanitary District No. 3 (Water)
utility. Category C users include properties located in the Town of
Sheboygan Falls that have been annexed to the Town of Sheboygan Sanitary
District No. 2, including the Bains Inc. manufactured home park.
D.
Category D users (industrial). Category D users are lots, parcels,
buildings or premises having a connection to the Town of Sheboygan
Sanitary District No. 2 wastewater collection system that discharge
BOD, suspended solids, or phosphorus concentrations in excess of the
limits for normal domestic strength wastewater. "Category D" is defined
as wastewater having concentrations of biochemical oxygen demand greater
than 147 mg/l, suspended solids greater than 201 mg/l, and phosphorous
greater than 4.2 mg/l. Users whose wastewater exceeds the concentrations
for any one of these parameters shall be in Category D.
E.
Category E users (properties located within City of Sheboygan). Category
E sewer users are lots, parcels, buildings or premises located within
the municipal boundaries of the City of Sheboygan having a connection
to the Town of Sheboygan Sanitary District No. 2 wastewater collection
system that discharge normal domestic strength wastewater.
F.
UCE formulas.
(1)
The following formulas shall be used by the District to determine
the UCE rating of sewer users. The formulas can be amended by the
District Commission. Every sewer user shall be assigned at least one
unit. A sewer user's UCE rating, as calculated by the formulas,
shall be rounded up to the nearest half unit.
|
Classification
|
Formula
| |||
|---|---|---|---|---|
|
(a)
|
Single resident
|
1 unit
| ||
|
(b)
|
Duplex
|
2 units
| ||
|
(c)
|
Multidwelling apartments and condominiums
|
1 unit for the first dwelling unit in a building, plus 1/2 unit
for each additional dwelling unit within a single building with a
maximum of not more than 5 additional units per building
| ||
|
(d)
|
General business
|
1 unit per 25 employees
| ||
|
(e)
|
Shopping center
|
1 unit per 4,000 square feet of floor space
| ||
|
(f)
|
Super market
|
1 unit per 4,000 square feet of floor space
| ||
|
(g)
|
Motel/hotel
|
1 unit per 4 rooms
Total number of rooms divided by 4 = UCE
| ||
|
(h)
|
Bowling alley with bar
|
0.50 units per alley
| ||
|
(i)
|
Service station or garage
|
1 unit
| ||
|
(j)
|
Country club
|
1 unit per 25 members
| ||
|
(k)
|
School
| |||
|
1.
|
With meals served
|
1 unit per 15 students
| ||
|
2.
|
With meals and showers
|
1 unit per 12 students
| ||
|
(l)
|
Churches
|
1 unit
| ||
|
(m)
|
Tavern
|
Units = capacity\40
| ||
|
(n)
|
Restaurants
| |||
|
1.
|
Standard restaurant
|
Units = seating capacity\13
| ||
|
2.
|
Drive-in or short order
|
Units = seating capacity\45
| ||
|
3.
|
Restaurant with 1 bar
|
Units = seating capacity\10
| ||
|
4.
|
Restaurant with 2 bars
|
Units = seating capacity\8
| ||
|
5.
|
Restaurant with 3 bars
|
Units = seating capacity\7
| ||
|
(o)
|
Other cases
|
To be determined by District Commissioners
| ||
|
(p)
|
Additions and land use changes to existing connected properties
| |||
(2)
In the event the land use of an existing residence or structure which
has previously been assigned a UCE rating by the Commission is changed
without expanding or enlarging the footprint of the existing residence
or structure and the new land use does not in the discretion of the
Commission or its engineers materially change the quantity or quality
of the wastewater to be discharged from the property, then no additional
UCE will be assigned. In the event a land use change is likely to
result in a material change in the quantity or quality of wastewater
to be discharged or is accompanied by the construction of an additional
structure or a material expansion of an existing structure, then an
additional UCE rating will be calculated pursuant to the UCE formulas
set forth above and an additional connection fee may be assessed.
A.
Basis of charges.
(1)
Service charge for wastewater treatment for metered customers. There
is levied and assessed upon each lot, parcel of land, building or
premises having a connection with the wastewater collection system
a wastewater treatment service charge based in part on a fixed charge
and in part on the quantity (volume) of water used, as measured. The
fixed charge is calculated by dividing the District operating budget
without estimated revenues from any real property tax levied by the
District, connection fees, and without estimated expenses for City
of Sheboygan treatment charges, by the number of District sanitary
sewer connections. The fixed charge may be adjusted by the Commission
as it deems necessary to provide for adequate cash flow to operate
the wastewater collection system. The volume charge is calculated
by multiplying the measured water usage of each customer by the per
gallon wastewater treatment charge assessed to the District by the
City of Sheboygan. The per gallon charge is calculated by dividing
the annual estimated cost of service allocated to the District by
the City of Sheboygan to operate the Sheboygan Regional Wastewater
Treatment Plant (WWTP) by the number of gallons of wastewater, as
estimated by the City of Sheboygan, to be transmitted to the WWTP
by the District.
(2)
Service charge for wastewater treatment for unmetered customers. There is levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system not metered or served by the Town of Sheboygan Sanitary District No. 3 (Water) utility a wastewater treatment service charge based in part on a fixed charge, as described in Subsection A(1), and in part a volume charge based on a three-year residential average of all homes served by such water utility.
(3)
Deduct meters. If a user feels that a significant amount of metered
water does not reach the sanitary sewer system due to lawn or garden
watering, etc., they may, at their own expense, with the approval
of the DPW, install a second meter or an additional metered service
that would monitor this flow. 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 an additional metered service is installed. Requests for a second
meter or metered service must be made in writing to the District.
(4)
Surcharge calculations. The Category D sewer service surcharges for
volume, BOD, suspended solids and phosphorus shall be computed in
accordance with the formula adopted in City of Sheboygan Municipal
Code Section 122-403(b)(3) which is adopted and incorporated herein
by reference.
B.
Category A sewer service charge (metered residential). The sewer
service charge for Category A sewer users is as follows:[1]
(1)
Fixed charge of $28.75 per quarter per connection.
(2)
Volume charge of $1.95 per thousand gallons.
[1]
Editor's Note: Ordinance is amended yearly based off
the City of Sheboygan's sewer charge rate adjustments.
C.
Category B sewer service charge (metered multifamily residential).
The sewer service charge for Category B sewer users is as follows:[2]
(1)
Fixed charge of $28.75 per quarter per connection.
(2)
Volume charge of $3.45 per thousand gallons of metered water usage
divided by the number of dwellings or units contained in each building.
[2]
Editor's Note: Ordinance is amended yearly based off
the City of Sheboygan's sewer charge rate adjustments.
D.
Category C sewer service charge (non-metered). The sewer service
charge for Category C sewer users is as follows:[3]
(1)
Fixed charge of $28.75 per quarter per connection.
(2)
Volume charge of $1.95 per thousand gallons multiplied by the three-year
residential average metered water usage of all homes served by the
Town of Sheboygan Sanitary District No. 3 (Water) utility.
[3]
Editor's Note: Ordinance is amended yearly based off
the City of Sheboygan's sewer charge rate adjustments.
E.
Category D sewer service charge (industrial). The sewer service charge
for Category D sewer users is as follows:[4]
(1)
Fixed charge of $28.75 per quarter.
(2)
Volume charge of $3.45 per thousand gallons.
(3)
Surcharge at rates periodically established by the City of Sheboygan,
which are currently as follows, total per pound:
[4]
Editor's Note: Ordinance is amended yearly based off
the City of Sheboygan's sewer charge rate adjustments.
F.
Category E sewer service charge.[5] The sewer service charge for Category E sewer users is
as follows:
(1)
Fixed charge of $50 per quarter.
(2)
Volume charge of $2.16 X 25 (100 Cu. Ft.) = $54 per quarter. Total
cost per quarter: $104/UCE.
[5]
Editor's Note: Ordinance is amended yearly based off
the City of Sheboygan's sewer charge rate adjustments.
G.
Connection charges.
(1)
A connection charge shall be assessed for each new and substantially separate building that has or will have a connection to the wastewater collection system. The District shall assign each new building a UCE rating pursuant to § A341-6F of this ordinance. The connection charge shall be calculated by multiplying the UCE rating by $2,000. The connection charge shall be due and payable before the issuance of a building permit/plumbing permit for the building.
(2)
In the event the land use of an existing building or structure which
has previously been assessed a connection charge is changed without
expanding or enlarging the footprint of the existing building or structure
and the new land use does not in the discretion of the Commission
or its engineers materially change the quantity or quality of the
wastewater to be discharged from the property, then no additional
connection charge will be assigned. In the event a land use change
is likely to result in a material change in the quantity or quality
of wastewater to be discharged or is accompanied by the construction
of an additional structure or a material expansion of an existing
structure, then an additional UCE rating will be calculated and an
additional connection fee may be assessed.
H.
Reassignment of sewer users. The Commission will reassign users into
appropriate sewer service charge categories if wastewater flow monitoring
and sampling programs, UCE formulas, and/or other related information
indicate a change of categories is necessary.
I.
Operation, maintenance, and replacement fund accounts. The replacement
fund revenues shall be maintained in a separate account by the District
to be used solely for the purpose of purchasing replacement parts
and/or equipment. Funds may be withdrawn from this account, for authorized
use, only with the approval of the Commission.
J.
Disposal of septic tank waste. No person shall discharge any septic
tank sludge, holding tank sewerage, or hauled wastewater into any
public or private sewer located within the District. Disposal of septic
tank sludge, holding tank sewerage, or hauled wastewater shall only
be allowed at the Sheboygan Regional Wastewater Treatment Plant in
strict compliance with all City of Sheboygan ordinances, rules, and
charges.
K.
Toxic pollutants prohibited. No person shall discharge any toxic pollutants into any public or private sewer located within the District. All industrial waste discharged to the wastewater collection system shall be in strict compliance with § A341-5 of this ordinance and the City of Sheboygan industrial pretreatment program as set forth in Articles VI and VII of the City of Sheboygan Municipal Code.
B.
Sewer service charge billing period. Sewer service charges shall
be billed by the District to the landowner on a quarterly basis.
C.
Payment of sewer service charges. All persons billed by the District
for sewer service charges shall pay such charges within 20 days after
the billing date at the Sanitary District Office.
D.
Penalty.
(1)
A late payment charge of 3%, but not less than $0.30 will be added
to bills not paid within 20 days of issuance. This one-time 3% late
payment charge will be applied only to any unpaid balance for the
current billing period's usage. The utility customer may be given
a written notice that the bill is overdue no sooner than 20 days after
the bill is issued and, unless payment or satisfactory arrangement
for payment is made within eight days, service may be disconnected.
(2)
In the event a utility customer fails to pay sewer service charges
after they become delinquent, the District shall have the right to
remove or close sewer connections and enter upon the property for
accomplishing such purpose. The expense of such removal or closing,
as well as the expense of restoring service, shall likewise be a debt
to the District and a lien upon the property which may be recovered
by civil action in the name of the District against the property owner,
the person, or both. Sewer service shall not be restored until all
charges, including the expense of removal, closing and restoration
shall have been paid.
(3)
Change of ownership or occupancy of premises found delinquent shall
not be cause for reducing or eliminating these penalties.
E.
Lien on property. All charges established by this ordinance shall
be a lien upon the property served pursuant to Wisconsin Statue §§ 66.0821(4)(d)
and 66.0809, as amended, and shall be collected in the manner therein
provided.
F.
Obligation for payment. The property owner shall be liable for the
sewer service charge bill and the unpaid bill shall remain a lien
against the property serviced until paid in accordance with this ordinance.
Upon failure to make payment within the time specified, all such delinquent
charges with interest will be placed on the next succeeding tax roll.
A.
Right of entry. The District Approving Authorities or other duly
authorized employees of the City and District, bearing proper credentials
and identification, shall be permitted to enter all properties for
the purpose of inspection, observation, measurement, sampling, or
testing, all in accordance with the provisions of this ordinance.
B.
Safety. While performing the necessary work on private premises referred to in § A341-9A, the duly authorized District employees shall observe all safety rules applicable to the premises established by the person.
C.
Identification, right to enter easements. The District Approving
Authorities or other duly authorized employees of the District, bearing
proper credentials and identification, shall be permitted to enter
all private properties through which the District hold easements for
the purpose of, but not limited to, inspection, observation, measurement,
sampling, repair, and maintenance of any portion of the wastewater
collection facilities lying within said easement, all subject to the
terms, if any, of such easement.
A.
Permission required. No unauthorized person shall uncover, make any
connections with or opening into, use, alter, or disturb the sanitary
sewer or appurtenance thereof without first obtaining a written permit
from the approving authority. Said permit shall be obtained and connection
charges paid, if any, at the time of or before receiving a building
permit from the Town of Sheboygan.
B.
Classes of permits and fees. There shall be two classes of building
sewer permits: a) for residential and commercial service, and b) for
service to establishments producing industrial wastes. In either case,
the owner or his agent shall make application on a special form furnished
by the District. The permit application shall be supplemented by any
plans, specifications, or other information considered pertinent in
the judgment of the District approving authority. An inspection fee
for all permits issued shall be paid to the District at the time the
application is filed. Said fees shall be determined by the District
Commission.
C.
Cost of sewer connection. All costs and expenses required for the
installation, connection, maintenance and repair of the building sewer
shall be borne by the owner. The owner shall indemnify the District
from any loss or damage that may directly or indirectly be occasioned
by the installation, connection, maintenance and repair of the building
sewer.
D.
Separate sewers. A separate and independent building sewer shall
be provided for every building; except where one building stands at
the rear of another on an interior lot and no private sewer is available
or can be constructed to the rear building through an adjoining alley,
court, yard, or driveway, the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer.
E.
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 District Approving Authority, to meet all requirements of this
ordinance.
F.
Materials and methods of construction. The size, slope, alignment,
materials of construction of a building sewer, 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
building and plumbing code or other applicable rules and regulations
of the Town of Sheboygan or of the District. 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.
G.
Building sewer elevation. 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 sewage carried by such
building drain shall be lifted by an approved means and discharged
to the building sewer.
H.
Storm and groundwater drains. No persons 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 is connected directly or indirectly to a sanitary sewer. All existing downspouts, groundwater drains or other sources of surface runoff or groundwater connected directly or indirectly to a sanitary sewer must be disconnected within 60 days of the date of an official written notice from the District approving authority. Violations of this section may result in forfeitures and penalties as provided by § A341-4C of this ordinance.
I.
Connection to sanitary sewer. The connection of the building sewer
into the sanitary sewer shall conform to the requirements of the building
and plumbing codes or other applicable rules and regulations of the
Town of Sheboygan or of the District, or the procedures set forth
in appropriate specifications of the ASTM and 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 District approving authority.
J.
Inspection of connection. The applicant for the building sewer permit
shall notify the District 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 District approving authority.
K.
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 District.
L.
Marker required. Upon completion of the installation and connection,
the said applicant or his agent shall install or insert into the earth
at the property line and flush with the ground surface a valvco tracer
wire access box with locating wires attached directly over the building
sewer.
M.
Private sewage systems abandonment. Upon connection to the District's
system, all private sewage systems shall be abandoned in full compliance
with this ordinance and all other applicable local, county and state
regulations.
(1)
Permits. All persons, firms or corporations abandoning private
sewage systems shall pay a fee according to Appendix A and shall obtain
a private sewage system abandonment permit from the District.
(2)
Procedure. When any private sewage system is abandoned, it shall
have its contents removed and shall be immediately filled with sand,
gravel, or similar material. As an alternative to the above filling,
the entire system may be removed. A system shall be deemed abandoned
if the building which it serviced is razed and no new structure is
intended to be constructed to replace such building structure within
a period of 60 days, unless expressly extended there from by the Commission.
N.
Abandonment of building sewer (sewer service lateral).
[Amended 8-20-2018 by Ord. No. 2-2018]
(1)
Disconnection. No person, firm or corporation shall raze a structure
or any part of a structure which has been connected to the District's
sewer system without first obtaining a permit from the District; and
(a)
Engaging a licensed master plumber to properly abandon and disconnect
the building sewer (sewer service lateral) at the sewer main.
(b)
Disconnection shall include capping the building sewer with
materials approved by Chapter SPS 384 of the Wis. Admin. Code at the
entrance to the District's system at the sewer main to prevent
materials and liquids from entering the system, except if the building
sewer will be reconnected to a building within 12 months of the disconnection.
(2)
Reconnection. Before reconnection, a regular plumbing permit
shall be required and if the existing building sewer is to be used,
the building sewer (sewer service lateral) from the building to the
sewer main shall be thoroughly cleaned and inspected for leaks or
necessary repairs or replacement.
|
Appendix A
(to Section 10 - Permits)
| ||||
|---|---|---|---|---|
|
1.
|
Permit fees
| |||
|
A.
|
Disconnection permits (§ A341-10N): $15
| |||
|
B.
|
Private interceptor permit: $30
| |||
|
C.
|
Plumbing permit
| |||
|
(1)
|
Minimum permit: $15
| |||
|
Assumes 1 inspection only- $15 would be charged for each additional
inspection
| ||||
|
(2)
|
Regular permit
| |||
|
I.
|
Existing house - $ 2.50 per fixture plus $10 (water heater or
water softener (unless replacing) is not included as a fixture.
| |||
|
II.
|
New house - minimum permit fee - $45 or $2.50 per fixture plus
$10, whichever is higher (water heater and softener included as fixture)
| |||
|
(3 inspections are contemplated; additional inspections shall
be charged at $15 each)
| ||||
|
D.
|
Ordinance book: $10
| |||
|
E.
|
Septic tank abandonment permit (§ A341-10M): $10
| |||
|
2.
|
Failure to obtain a permit before commencing work shall cause
the above fees to double
| |||
A.
Utility responsibility. It is expressly stipulated that no claim
shall be made against said District by reason of the breaking, clogging,
stoppage, or freezing of any service pipes; 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 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 area of the said District, the District shall,
if practicable, give notice to each and every consumer within said
District, of the time when such service will be so shut off.
A.
Violations. Any person violating any provision of this ordinance
or any other rule or order lawfully promulgated by the District is
declared to be a public nuisance.
B.
Enforcement. The District approving authority shall enforce the provisions
of this ordinance and make periodic inspections and inspections upon
complaint to insure that such provisions are not violated. No action
shall be taken under this section to abate a public nuisance unless
the District approving authority shall have inspected or caused to
be inspected the premises where the nuisance is alleged to exist and
is satisfied that a nuisance does in fact exist.
C.
Summary abatement. If the District approving authority determines
that a public nuisance exists within the District and that there is
great and immediate danger to the public health, safety, peace, morals,
or decency or the wastewater collection and treatment facilities,
the District approving authority may cause the same to be abated and
charge the cost thereof to the owner, occupant, or person causing,
permitting, or maintaining the nuisance, as the case may be.
D.
Operating upsets, slugs or accidental discharges.
(1)
All industrial users shall notify the District immediately upon
having an upset in operations which places the discharger in a temporary
state of noncompliance with this chapter, a slug or accidental discharge
of substances or wastewater in violation of this ordinance. Immediate
notification will enable countermeasures to be taken by the District
to minimize damage to the POTW and the receiving waters. The notification
shall include location of discharge, type of waste, concentration
and volume, and corrective actions.
(2)
Within five days following an operating upset, slug, or accidental
discharge, the user shall submit to the District approving authority
a detailed written report describing the cause of the discharge, the
period of noncompliance, and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage to the POTW, fish kill,
nor other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by this ordinance or other applicable law.
E.
Abatement after notice. If the District approving authority determines that a public nuisance exists but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, or the wastewater collection and treatment facilities, the District approving authority shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in § A341-12C.
F.
Other methods not excluded. Nothing in this ordinance shall be construed
as prohibiting the abatement of public nuisances by the District or
its officials in accordance with the laws of the State of Wisconsin.
G.
Cost of abatement. In addition to any other penalty imposed by this section for the erection contrivance, creation, continuance, or maintenance of a public nuisance, the cost of abating a public nuisance by the District shall be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining the nuisance and said cost may be assessed against the real estate as a special charge as provided in § A341-8E.
H.
Emergency suspension of service.
(1)
The District may suspend the wastewater treatment service and/or
a wastewater discharge permit when such suspension is necessary, in
the opinion of the District, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the District to violate
any condition of the City of Sheboygan's WPDES permit.
(2)
Any user notified of a suspension of the wastewater treatment
service and/or the wastewater discharge permit shall immediately stop
or eliminate the contribution. In the event of a failure of the user
to comply voluntarily with the suspension order, the District shall
take such steps as deemed necessary including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The District and District
Approving Authority shall reinstate the wastewater discharge permit
and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge.
I.
Appeals procedure. Any user, permit applicant, municipality or permit
holder affected by any decision, action or determination, including
cease and desist orders, made by the District approving authority
or Plumbing Inspector interpreting or implementing the provisions
of this chapter or in any permit issued herein, may file with the
District a written request for reconsideration within 10 days of the
date of such decision, action or determination, setting forth, in
detail, the facts supporting the user's request for reconsideration.
The District approving authority shall render a decision on the request
for reconsideration to the user, permit applicant or permit holder,
in writing, within five days of receipt of request. If the ruling
on the request for reconsideration made by the District approving
authority is unsatisfactory, the person requesting reconsideration
may, within five days after notification of the action, file a written
appeal with the Office Manager of the District. The written appeal
shall be heard by the Commission within 15 days from the date of filing.
The Commission shall make a final ruling on the appeal within 10 days
from the date of filing.
J.
Penalties. Any user who is found to have violated an order of the
District or who failed to comply with any provision of this ordinance,
order, rule, regulation, resolution or permit issued hereunder, shall
subject the violator to a forfeiture of not less than $500 for each
offense, together with the costs of prosecution and in default of
payment thereof, to imprisonment in the County Jail until such costs
and forfeiture are paid, but not to exceed 90 days. Each day on which
a violation shall occur or continue shall be deemed a separate and
distinct offense.
K.
Other penalties. In addition to any civil penalties or penalties prescribed by this chapter, any industrial user who violates any provision(s) of this chapter or applicable state and/or federal regulations or who violates any terms or conditions of a wastewater discharge permit shall subject such permit to suspension or revocation as set forth in § A341-12L.
L.
Suspension and revocation of permit.
(1)
Any permit issued hereunder may be suspended or revoked by the
District for a violation of any provision of this chapter. The permittee
shall be given notice of the reasons for the suspension or revocation
and an opportunity to be present at an administrative hearing for
the purpose of determining whether such suspension shall be imposed
or whether the permit shall be revoked. Upon the written complaint
of the Plumbing Inspector, District approving authority or any Commissioner
filed with the Office Manager of the District alleging that a person
holding a permit under this chapter has violated this chapter, the
District shall issue a summons signed by the Commission President
with a copy of the complaint and directed to be served on the permittee.
The summons shall command the permittee complained of to appear at
such hearing on a day and place named in the summons, not less than
five days and not more than 10 days from the date of issuance, and
show cause why his or her permit should not be revoked or suspended.
Service shall be in the manner provided under Chapter 801 of the Wisconsin
Statutes for service in civil actions in Circuit Court.
(2)
If the permittee does not appear as required by the summons,
the allegations of the complaint shall be taken as true, and if the
hearing examiner find the allegations sufficient, the permit shall
be revoked. The District approving authority shall give notice of
the revocation to the permittee whose permit is revoked. If the permittee
appears as required by the summons and denies the complaint, both
the complaint and the permittee may produce witnesses, cross examine
witnesses and be represented by counsel. The permittee shall be provided
a written transcript or digital recording of the hearing at his or
her expense. If, upon the hearing, the hearing examiner finds the
complaint to be true, the permit shall either be suspended or revoked.
The District approving authority shall give notice of the suspension
or revocation to the permittee whose permit is suspended or revoked.
If the hearing examiner finds the complaint untrue, the proceeding
shall be dismissed without cost to the permittee. Upon suspension
or revocation, the permittee shall surrender the permit to the District
approving authority.
M.
Appointment of hearing examiners; hearing procedure.
(1)
Three hearing examiners shall preside over the administrative hearing required by § A341-12L above. Each examiner shall be qualified as a civil engineer with a background in industrial sewerage pretreatment programs. The District and permittee shall each select one such civil engineer within 48 hours of the service of the summons and complaint and shall also inform the other party of their choice within such time frame. Within 72 hours of their selection, the two engineers shall mutually agree upon and appoint a third civil engineer who shall also preside at the hearing. Each examiner shall have equal status in deliberating and arriving at a decision.
(2)
The failure of either the District or the permittee to timely
select, identify and retain a civil engineer within such initial 48
hours shall result in the adjudication being made by the engineer
timely selected.
(3)
Notwithstanding Subsection M(1) above, in the event both engineers fail to mutually agree upon the selection of a third engineer, the District shall select an independent civil engineering firm and obtain a list of three persons as candidates for the third hearing examiner; after such list of names is received, the two engineers shall alternately eliminate names from such list until one name remains, with the permittee's engineer making the initial elimination; one of the remaining civil engineers shall then become the third hearing examiner.
(4)
The three hearing examiners shall conduct the hearing and take
evidence and shall:
(a)
Issue, in the name of the District, notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(b)
Swear witnesses and take evidence;
(c)
Transmit a report of the evidence and hearing, including written
transcripts or digital recordings, and other evidence, together with
recommendations to the District for action thereon.
(d)
At any hearing held pursuant to this ordinance, testimony taken
must be under oath and recorded steno graphically or by digital recording.
The written transcript, or digital recording, will be made available
to any member of the public or any party to the hearing upon payment
of the charges for the reproduction thereof.
N.
Nonexclusivity of penalties. Adoption of any remedial action under
this chapter shall not preclude the District from providing for the
enforcement of any other law, regulation, order, or ordinance relating
to the same or other matters.
O.
Liability to district and/or city for losses. Any person violating
any provisions of this ordinance shall become liable to the District
for any expense, loss, or damage occasioned by reason of such violation
which the District may suffer as a result thereof. If any violation
impacts the city wastewater collection and treatment facilities as
well as the District wastewater collection facilities, the District
may penalize the violator independently and concurrently with the
city. The District approving authority must be notified immediately
by any person becoming aware of any violations that occur.
A.
Superseding previous ordinances. This ordinance governing sewer use,
industrial wastewater discharges, sewer service charges, and sewer
connections and construction shall supersede all previous ordinances
of the District.
B.
Invalidation clause. Invalidity of any section, clause, sentence,
or provision in this ordinance shall not affect the validity of any
other section, clause, sentence, or provision of this ordinance which
can be given effect without such invalid part or parts.
C.
Amendment. The District, through its Commission, reserves the right
to amend this ordinance in part or in whole whenever it may deem necessary.
A.
Biennial audit. The District shall review, at least every two years,
the wastewater contribution of its sewer users, the operation and
maintenance expenses of the wastewater collection and treatment facilities,
and the sewer service charge system. The District shall revise the
sewer service charge system, if necessary, to accomplish the following:
(1)
Maintain a proportionate distribution of operation and maintenance
expenses among sewer users based on the estimated or measured wastewater
volume and pollutant loadings discharged by the users;
(2)
Generate sufficient revenues to pay the operation and maintenance
expenses of the wastewater collection and treatment facilities; and
(3)
Apply excess revenues collected from a class of users to the
operation and maintenance expenses attributable to that class of users
for the next year and adjust the sewer service charge rates accordingly.
B.
Annual notification. The District shall notify its sewer users annually
about the sewer service charge rates. The notification shall show
what portion of the total rate is attributable to the District's
operation and maintenance expenses, sewer service charges from Sheboygan,
and the District's debt service costs. The notification shall
occur in conjunction with the District's annual budget public
hearing.
C.
Records retention.
(1)
All industrial users subject to this ordinance shall retain
and preserve for no less than three years, any records, books, documents,
memoranda, reports, correspondence, and any and all summaries thereof,
relating to monitoring, sampling, and chemical analyses made by or
in behalf of an industrial user in connection with its discharge.
All records which pertain to matters which are the subject to any
enforcement or litigation activities brought by the District pursuant
hereto shall be retained and preserved by the industrial user until
all enforcement activities have concluded and all periods of limitation
with respect to any and all appeals have expired.
(2)
The District is also required to maintain all records relating
to sampling, monitoring, and chemical analysis under the same conditions
as specified in this section.
D.
Falsifying information. No person shall knowingly make any false
statement(s), representation or certification in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this ordinance, or wastewater discharge permit, or falsify,
tamper with, or knowingly render inaccurate any monitoring device
or method required under this ordinance.
A.
Date of effect. This ordinance shall take effect and be in force
from and after its enactment and publication as required by law.
B.
Date of enactment (approval). This ordinance amending and restating
the Town of Sheboygan Sanitary District No. 2 Sewer Use and Sewer
Service Charge Ordinance was enacted the 16th day of November, 2015.
[Adopted by the Commissioners of the Town of Sheboygan Sanitary
District No. 3 (Water) by 5-16-2022Ord. No. 05172022-2]
A.
Title: water usage and water service charge ordinance. An ordinance
regulating the use of public and private water supplies and the installation
and connection of building water lines into the public water system
and providing penalties for violations thereof; and levying and collection
of water service charges in the Town of Sheboygan, Sanitary District
No. 3 (Water), County of Sheboygan, State of Wisconsin.
B.
Preamble.
(1)
Whereas. Provision has been made in the design, construction,
and operation of such facilities to supply water to customers not
served by public water system; and
(2)
Whereas. The Town of Sheboygan Sanitary District No. 3-Water
the successor to the Town of Sheboygan Water Utility, has constructed
a deep well to supply water to its customers; and
(3)
Whereas. For the proper protection of its customers, charges,
rules, and regulations governing said system must be adopted;
(4)
Therefore, be it resolved, ordained and enacted, by the Commissioners
of the Town Sheboygan Sanitary District No. 3-Water of the State of
Wisconsin, as follows:
A.
For public fire-protection service to the Town of Sheboygan, the
annual charge shall be $36,048 (the base annual charge includes an
estimated 34,672 feet of transmission and distribution main, four-inch
and larger, and 108 hydrants) to cover the use of mains and hydrants
up to and including the terminal hydrant and connection on each main
existing upon completion of the initial water supply and distribution
system authorized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
For all extensions of fire-protection service, a charge of $0.49
cents per linear foot of main shall be charged per annum on the basis
of the length of main put into use between hydrants placed, plus a
charge of $44 per net hydrant added to the system after the base period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
This service shall include the use of hydrants for fire-protection
service only and such quantities of water as may be demanded for the
purposes of extinguishing fires. For all other purposes, the metered
or other rates set forth, or as may be filed with the Public Service
Commission, shall apply.
B.
Volume charge. First 4,000 gallons used each quarter = minimum charge.
C.
Billing. Bills for water usage are rendered quarterly and become
due and payable 20 days after the billing date. A late payment charge
of 3%, but not less than $0.30 will be added to bills not paid within
20 days to issuance. This late payment charge will be applied to the
total unpaid balance for water usage, including unpaid later payment
charges. This late payment charge is applicable to all customers.
A District 3 customer may be given a written notice that the bill
is overdue no sooner than 20 days after the bill is issued. A $15
charge will be made for processing checks that have been returned
for insufficient funds.
D.
Disputed bills.
(1)
If any bill for water usage is disputed by a customer and is
not paid within said 20 days following issuance of the bill, the late
payment charge shall be applied only to the portion of the disputed
bill later found to be correct and payable to District 3.
(2)
No late payment charge shall be waived.
E.
Unit of service.
(1)
A unit of service shall consist of any aggregation of residential
or commercial space or area occupied for a distinct purpose such as
a resident, apartment, flat, store or office, which is equipped with
one or more fixtures for rendering water service, separate and distinct
from other users. Each unit of service shall be regarded as one consumer
and the surcharge for additional consumers on a meter assessed accordingly.
(2)
Combined metering. When a consumer's premises has several buildings,
each supplied with service and metered separately, the full service
charge will be billed for each meter separately and the readings will
not be cumulated. If these buildings are all used in the same business
and are connected by the consumer, they can be metered in one place.
If District 3, for its own convenience, installs more than one meter,
the readings will be cumulated for billings.
A.
Water supplied to municipal buildings, schools, etc., shall be metered
and the regular metered service rates applied.
B.
Water used on an intermitted basis for flushing service, street sprinkling,
flooding skating rinks, drinking fountains, etc., shall be metered
where meters can be set to measure the usage. Where it is impossible
to measure the service, the Deputy Director of Utilities, shall estimate
the volume of water used based on the pressure, size of opening and
period of time water is allowed to be drawn. The estimated quantity
used shall be billed at the rate of $2.44 per 1,000 gallons.
Metered rates to be applied.
A.
The minimum service contract period shall be one year unless otherwise
specified by special contract or in the applicable rate schedule.
Where a customer at their request has been disconnected prior to expiration
of the minimum contract period and the account is not delinquent and
where thereafter requests the reconnection of service in the same
or some other location, a reconnection charge as filed with the Public
Service Commission, payable in advance, shall be collected. The minimum
contract period is renewed with each reconnection.
B.
A customer shall be considered as the same customer if the connection
is requested for the same location by any member of the same family,
or if a place of business, by any partner or employee of the same
business.
Sanitary District 3 shall maintain the rate schedule so that
it is self-sufficient to cover actual operating and maintenance costs.
A.
Compliance with rules. All persons now receiving a water supply from
the Town of Sheboygan Sanitary District No. 3 Water (District 3),
or who may hereafter make application therefor, shall be considered
as having agreed to be bound by the rules and regulations as filed
with the Public Service Commission of Wisconsin.
B.
Establishment of service.
(1)
Application for water service shall be made in writing. The
name of the owner, the exact use to be made of the service, and the
size of the supply pipe and design flows of water required in gallons
per minute (GPM). Note particularly any special refrigeration and/or
air conditioning water-consuming appliances.
(2)
Service will be furnished only if:
(a)
Premises have a frontage on a properly platted street or public
strip in which a long-life water main has been laid or where property
owner has agreed to and complied with the provisions of the District
3's filed main extension rule;
(b)
Property owner has installed or agrees to install a service
pipe, including the connection, from an existing District 3-owned
water main extending thru the curb stop to the point of use, and according
to District's specification; and
(c)
Premises have adequate piping beyond metering point.
(3)
The owner of a multiunit dwelling has the option of being served
by individual metered water service to each unit, the owner, by selecting
this option, is required to provide interior plumbing and meter settings
to enable individual metered service to each unit and individual disconnection
without affecting service to other units. Each meter and meter connection
will be a separate water service customer for the purpose of the filed
rules and regulations.
(4)
No division of the water service of any lot or parcel of land
shall be made for the extension and independent meterage of the supply
to an adjoining lot or parcel of land. No division of a water supply
service shall be made at the curb for separate supplies for two or
more separate premises having frontage on any street or public service
strip whether owned by the same or different parties.
(5)
The District 3 Commissioners are hereby empowered to withhold
approval of any application wherein full information of the purpose
of such supply is not clearly indicated and set forth by the applicant
property owner.
C.
Service contract.
(1)
The minimum service contract period shall be one year unless otherwise specified by a special contract or in the applicable rate schedule. Where a customer, at their request, has been disconnected (meter removed) prior to expiration of the minimum contract period and their account is not delinquent, and where thereafter they request the reconnection of service in the same or other location, a reconnection charge payable in advance shall be collected. (See § A341-7 for applicable rate.) The minimum contract period is renewed with each reconnection.
(2)
A reconnection charge shall also be required from consumers whose service is disconnected (shut off at curb stop) because of nonpayments of bills when due (not including disconnection for failure to comply with deposit or guarantee rules). (See § A341-21 for applicable rate.)
(3)
A consumer shall be considered as the same consumer provided
the reconnection is requested for the same location by any member
of the same family, or if a place of business, by any partner or employee
of the same business.
D.
Temporary metered supply, meter and deposits. An applicant for temporary
water supply on a metered basis shall make and maintain a monetary
deposit of not less than $75 for each meter installed as security
for payment for use of water and for such other charges which may
arise from the use of the supply. The charge for setting the valve
and furnishing and setting the meter will be $20, so that of the $75
deposited, $55 will be available to pay for the water used at the
scheduled rates. Refunds of deposits will be made upon return of the
utility equipment. Damaged or lost equipment will be repaired or replaced
at customer's expense.
E.
Water for construction.
(1)
When water is requested for construction purposes, or for filling
tanks or other such uses, an application shall be made to District
3 Clerk. Application shall be submitted to the District 3 office a
minimum of three business days prior to need, giving a statement of
the amount of construction work to be done, or the size of the tank
to be filled, estimated quantity, etc. Payment for the water for construction
shall be made in advance at the scheduled rates. The service pipe
must be installed inside the building from where the water must be
drawn. No connection with the service pipe at the curb shall be made
without special permission from the Deputy Director of Utilities.
(2)
In no case will any employee of District 3 turn on water for
construction work unless the contractor first obtains a permit. Upon
completion of the construction work, the contractor must return the
original permit to District 3, together with a statement of the actual
amount of construction work performed.
(3)
Consumers shall not allow contractors, masons, or other persons
to take water from their premises without first showing a permit from
District 3. Any consumer failing to comply with this provision will
have water service discontinued.
F.
Use of hydrants for construction: temporary supply.
(1)
In cases where no other supply is available, permission may
be granted by the Deputy Director of Utilities to use a hydrant. No
hydrant shall be used until it is equipped with a District 3 supplied
reduced pressure backflow preventer, meter, and control valve assembly.
(2)
A service charge of $10 will be made for setting the hydrant
assembly or relocating it. A $10 deposit will be required for a hydrant
wrench. In no case shall any hydrant assembly be placed or moved except
by a member of District 3.
(3)
The projected water usage shall be paid for in advance at the
scheduled rates. The minimum charge shall be $10.
(4)
The flow of water from a temporary supply hydrant shall be regulated
by means of a District 3-provided control valve and backflow preventer
assembly. It is the responsibility of the consumer to provide necessary
fittings, reducers, or any other approved devices to connect to the
output side of the control valve. District 3 will not be held liable
for items connected to the temporary hydrant supply assembly.
G.
Operation of valves and hydrants; unauthorized use of water; penalty.
Any person who shall, without authority of the Deputy Director of
Utilities, allow contractors, masons, or other unauthorized persons
to take water from their premises, operate any valve connected with
the street or supply mains, or open any fire hydrant connected with
the distribution system, except for the purpose of extinguishing fire,
or who shall want only damage or impair the same shall be subject
to a fine as provided by this ordinance. Permit for the use of hydrants
apply only to such hydrants as are designated for the specific use.
H.
Refunds of monetary deposits. All monies deposited as security for
payment of charges arising from the use of temporary water supply
on a metered basis will be refunded to the depositor on the termination
of the use of water, the payment of all charges levied against the
depositor, and the return of the hydrant wrench, if applicable.
I.
Service connections or water service laterals.
(1)
No water service shall be laid through any trench having cinders,
rubbish, rock or gravel fill, or any other materials which may cause
injury to or disintegration of the service pipe, unless adequate means
of protection are provided by sand filling, or such other insulation
as may be approved by the Deputy Director of Utilities. Service pipes
passing through curb or retaining walls shall be adequately safeguarded
by provision of a channel space or pipe casting, not less than twice
the diameter of the service connection. The space between the service
pipe and channel or pipe casing shall be filled and lightly caulked
with oakum, mastic cement, or other resilient material, and made impervious
to moisture.
(2)
In backfilling the pipe trench, the service pipe must be protected
against damage by carefully hand tamping the ground filling, free
from hard lumps, rocks, stones, or other injurious material, around
and at least six inches over the pipe.
(3)
All water supplies shall be of undiminished size from the street
main to the point of meter placement. Beyond the meter outlet valve
the piping shall be sized and proportioned to provide, on all floors,
at all times, an equitable distribution of water supply for the greatest
probable number of fixtures of appliances operating simultaneously.
All such service shall comply with the provisions of the State Plumbing
Code and shall be inspected by the Deputy Director of Utilities.
J.
Service piping for meter settings.
(1)
In cases where a new customer whose service is to be metered
installs the original service piping or where an existing metered
customer changes the service piping for their own convenience, or
where an existing flat rate customer requests to be metered, the customer
shall, at their expense, provide an acceptable location and a meter
yoke (horn) for the meter. The Deputy Director of Utilities should
be consulted as to the type and size of meter and setting. Meter settings
shall be installed per District 3 meter setting specifications. Refer
to Meter Setting Specifications.
(2)
No permit will be given to change from metered to flat rate
service.
K.
Turning on water. The water cannot be turned on for a consumer except
by a duly authorized employee of the District 3. When a plumber has
completed a job, the plumber must leave the water turned off. This
does not prevent from testing work. It is the responsibility of the
consumer or their contractors to protect the curb stop. District 3
staff shall not be responsible to locate, expose, adjust, or repair
damaged curb stops or boxes.
L.
Failure to read meters.
(1)
Where District 3 is unable to read a meter after two successive
attempts, the fact will be plainly indicated on the bill, and either
an estimated bill will be computed, or the minimum charge applied.
The difference shall be adjusted when the meter is again read, that
is, the bill for the succeeding quarter will be computed with the
gallons or cubic feet in each block of the rate schedule double and
credit will be given on that bill for the amount of the minimum bill
paid the preceding month. Only in unusual cases or where approval
is obtained from the customer shall more than two consecutive estimated
bills be rendered.
(2)
If the meter is damaged (see "surreptitious use of water") or
fails to operate, the bill will be based on the average use during
the past year unless there is some reason why the use is not normal.
If the average use cannot be properly employed, the bill will be estimated
by some equitable method.
M.
Complaint meter testing. See Wis. Adm. Code § PSC 185.77.
N.
Thawing frozen services. See Wis. Adm. Code § PSC 185.88.
O.
Stop boxes. The consumer shall protect the water service stop box
in the terrace and shall keep the same free from dirt and other obstructions.
District 3 shall not be liable for failure to locate stop box and
shut off the water in case of a leak on the consumer's premises.
P.
Installation of meters. Meters will be furnished and installed by
District 3 staff and are not to be disconnected or tampered with by
the consumer or their plumber. All meters shall be protected from
obstructions and permit ready access thereto for reading, inspection
and servicing, such location to be designated or approved by the Plumbing
Inspector. All plumbing materials within the building, including the
meter yoke(horn), must be supplied, and maintained by the consumer.
Where additional meters are desired by the consumer, the customer
shall pay for all piping and an additional amount sufficient to cover
the cost of maintenance and depreciation, but not less than $0.25
per month.
Q.
Repairs to meters.
(1)
Meters will be repaired by District 3 and the cost of such repairs
caused by ordinary wear and tear will be borne by District 3.
(2)
Repair of any damage to a meter resulting from the carelessness
of the owner of the premises, their agent, or tenant, or from the
negligence of any one of them to properly secure and protect same,
including any damage that may result from allowing a water meter to
become frozen or to be damaged from the presence of hot water or steam
in the meter, shall be paid for by the consumer or the owner of the
premises.
R.
Replacement and repair of service pipe.
(1)
Installation. Subdivision developers shall be responsible for
the water service lateral installation costs from the main through
the curb stop and box. In the event water service laterals are being
installed as part of an assessable utility (water) main extension
by District 3, then the actual average water lateral installation
costs from the main through the curb stop and box shall be included
in the assessment of the appropriate properties. District 3 shall
install initial water service laterals not installed as part of a
subdivision development or an assessable utility (water) main extension,
from the main through the curb stop and box, and the property owner
shall be responsible for the actual cost of installation. It is the
responsibility of the developer and their contractors to set the top
of the curb stop box to be flush to top of final grade, by means approved
by District 3.
(2)
Maintenance. District 3 shall be responsible for the maintenance
of the service lateral from the main through the curb stop. The property
owner shall maintain the service lateral from the curb stop to the
point of use within the building.
(3)
Inspection. No water service lateral shall be laid and no opening
into or connection with a water main shall be made, re-laid, replaced
or repaired, without a District 3 Plumbing Permit and without inspection
and approval by the Deputy Director of Utilities or their appointed
representative.
(4)
Compliance. All water laterals shall comply with the provisions
of the State Plumbing Code. Once the water service lateral and curb
stop have been installed, service laterals cannot be relocated without
approval by District 3.
S.
Charges for water wasted due to leaks. See Wis. Adm. Code § PSC
185.35(6).
T.
Inspection of premises. During reasonable hours any Commissioner
or authorized employee of District 3 shall have the right of access
to the premises supplied with service, for the purpose of inspection
or for the enforcement of the District's rules and regulations. At
least once every 12 months, the District 3 will make a systematic
inspection of all unmetered water taps for the purpose of checking
waste and unnecessary use of water.
U.
Customer's deposits (§ PSC 185.36).
(1)
New residential service. District 3 may require a cash deposit
or other guarantee as a condition of new residential service if, and
only if, the customer has an outstanding account balance with District
3 which accrued within the last six years, and which at the time of
the request for new service remains outstanding and not in dispute.
(2)
Existing residential service. District 3 may require a cash
deposit or other guarantee as a condition of continued service if,
and only if, either or both the following circumstances apply:
(a)
Service has been shut off or discontinued within the last 12
months for violation of these rules and regulations or for nonpayment
of a delinquent bill for usage which is not in dispute.
(b)
Credit information obtained by District 3 subsequent to the
initial application indicates that the initial application for service
was falsified or incomplete to the extent that a deposit would be
required under these rules and regulations.
(3)
Commercial and industrial service. If the credit for an applicant
for commercial or industrial service has not been established to the
satisfaction of District 3, the applicant may be required to provide
a deposit, prior to serves rendered.
(4)
Conditions of deposit. See Wis. Adm. Code § PSC 185.36(3).
(5)
Refund of deposits. District 3 shall review the payment record
of each residential customer with a deposit on file at not less than
twelve-month intervals and shall not require or continue to require
a deposit unless a deposit could be required under the conditions
stated above. In the case of a commercial or industrial customer District
3 shall refund the deposit after 24 consecutive months of prompt payment
if the customer's credit standing is satisfactory to District 3. Payment
shall be considered "prompt" if it is made prior to notice of disconnection
for nonpayment of a bill not in dispute. Any deposit or portion thereof
refunded to a customer and District 3 agree to credit the regular
bill or unless service is terminated, in which case the deposit with
accrued interest shall be applied to the final bill and any balance
returned to the customer promptly.
(6)
Other conditions. A new or additional deposit may be required
upon reasonable written notice of the need therefore is such new or
additional deposit could have been required under the circumstances
when the initial deposit was made. Service may be refused or disconnected
for failure to pay a deposit request as provided in the rules. When
a service has been disconnected for failure to make a deposit, or
for failure to pay a delinquent bill, or for failure to comply with
the terms of a deferred payment agreement, and satisfactory arrangements
have been made to have service restored, a reconnection charge as
specified elsewhere in these rules, shall be paid by the customer
as a condition to restoration of service.
V.
Disconnection and refusal of service.
(1)
Reasons for disconnection. Service may be disconnected or refused
for any of the following reasons:
(a)
Failure to pay a delinquent account or failure to comply with
the terms of a deferred payment agreement.
(b)
Violation of District 3 rules and regulations pertaining to
the use of service in a manner which interferes with the service of
other or to the operation of nonstandard equipment if the customer
has first been notified and provided with reasonable opportunity to
remedy the situation.
(c)
Failure to comply with deposit or guarantee arrangements as
provided for in these rules and regulations.
(d)
Diversion of service around the meter.
(e)
Refusal or failure to permit authorized District 3 personnel
to read the meter at least once every six months. Said period commences
to run with the date of the last meter reading.
(2)
Disconnection for delinquent accounts.
(a)
If charges under this ordinance are not paid as required, District
3 may issue a disconnect service notice by first-class mail or personal
service to the customer at least eight calendar days prior to the
first date of the proposed disconnection. For the purposes of this
rule, the due date shall not be less than 20 days after issuance of
bill. If billing address is different from service address, notice
shall be posted in each individual dwelling unit of the service address
not less than five days before disconnection. If access is not possible,
this notice shall be posted, at a minimum, to all entrances to the
building and in the lobby.
(b)
District 3 may disconnect without notice where a dangerous condition
exists for as long as the condition exists. Service may be denied
to a customer for failure to comply with the applicable requirements
of the rules and regulations of the Public Service Commission or of
these rules and regulations, or if a dangerous or unsafe conditions
exist on the customer's premises.
(c)
District 3 shall notify the County Department of Health and
Social Services at least five calendar days prior to any scheduled
disconnection of residential service if the customer or responsible
person has made a written request for this procedure. District 3 shall
apprise customers of this right upon application for service. If service
to a residential customer which has been disconnected has not been
restored within 24 hours after disconnection, District 3 shall notify
the appropriate County Sheriff's Department of the billing name and
service address and that a threat to health and life might exist to
persons occupying the premises.
(3)
Deferred payment agreement.
(a)
District 3 shall offer deferred payment agreements to residential
customers. The deferred payment agreement shall provide that service
will not be discontinued for the outstanding bill if the customer
pays a stated reasonable amount of the outstanding bill and agrees
to pay a stated reasonable portion of the remaining outstanding balance
in installments until the bill is paid. In determining what amounts
are "reasonable," the parties shall consider the:
(b)
In the deferred payment agreement, it shall state immediately
preceding the space provided for the customer's signature and in boldface
print at least two sizes larger than any other used thereon, the following:
"If you are not satisfied with this agreement, do not sign.
If you do sign this agreement you give up your right to dispute the
amount due under the agreement except for the utility's failure or
refusal to follow the terms of this agreement."
(c)
A deferred payment agreement shall not include a finance charge.
(d)
If an applicant for service has not fulfilled the terms of a
deferred payment agreement, the utility shall have the right to disconnect
service or refuse service in accordance with these rules and under
such circumstance, it shall not be required to offer subsequent negotiation
of a deferred payment agreement prior to disconnection.
(e)
Any payments made by the customer in compliance with a deferred
payment agreement, or otherwise, shall be first considered made in
payment of the previous balance with any remainder credited to the
current bill.
(4)
Dispute procedures (§ PSC 185.39).
(a)
Whenever the customer advises District 3's Clerk prior to the
disconnection of service that all or part of any billing as rendered
is in dispute, or that any matter relating to the disconnection is
in dispute, District 3 shall investigate the dispute promptly and
completely, advise the customer of the results of the investigation,
attempt to resolve the dispute, and provide the opportunity for the
customer to enter into a deferred payment agreement when applicable
in order to settle the dispute.
(b)
After the customer has pursued the available remedies with District
3, they may request that the Public Service Commission's staff informally
review the disputed issue and recommend terms of settlement.
(c)
Any party to the dispute after informal review may make a written
request for a formal review by the Commission. Said request must be
made in writing to the Commission within five days of the date that
the terms of the informal review are communicated to the parties.
If the Commission decides to conduct a formal hearing on the dispute,
the customer must pay 50% of the bill in dispute or post a bond for
that amount on or before the hearing date. Failure to pay the amount
or post the bond will constitute a waiver of the right to a hearing.
Service shall not be disconnected because of any disputed matter while
the disputed matter is being pursued under the dispute procedure.
In no way does this relieve the customer from the obligation of paying
charges which are not disputed.
(d)
The form of disconnection notice to be used is as follows:
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DISCONNECTION NOTICE
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|---|---|
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Dear Customer:
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The bill enclosed with this notice includes your current charge
for water usage and your previous unpaid balance.
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You have eight days to pay the water usage arrears or your service
is subject to disconnection.
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If you fail to pay usage arrears or fail to contact us within
the eight days to make reasonable time payment arrangements, we will
proceed with disconnection action.
| |
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To avoid the inconvenience of service interruption and additional
charge of (amount) reconnection, we urge you to pay the full arrears
IMMEDIATELY AT OUR OFFICE.
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If you have entered into a Deferred Payment Agreement with us
and have failed to make the time payment you agreed to, your service
will be subject to disconnection unless you pay the amount due within
eight days.
| |
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If you have a reason for delaying the payment, call us and explain
the situation.
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PLEASE CALL THIS TELEPHONE NUMBER 920-451-2320, IMMEDIATELY
IF:
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1.
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You have a question about your utility service arrears.
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2.
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You are unable to pay the full amount of the bill and are willing
to enter into a time payment agreement with us.
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3.
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There are any circumstances you think should be taken into consideration
before service is discontinued.
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4.
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Any resident is seriously ill.
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Illness Provision
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If there is an existing medical emergency in your home and you
furnish District 3 with a statement signed by either a licensed Wisconsin
physician, or a public health official, we will delay disconnection
of service up to 21 days. The statement must identify the medical
emergency and specify the period of time during which disconnection
will aggravate the existing emergency.
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Deferred Payment Agreements
| |
|
If, for some reason, you are unable to pay the full amount of
the water service arrears of your bill, you may contact District 3
to discuss arrangements to pay the arrears over an extended period
of time.
| |
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This time payment agreement will require:
| |
|
1.
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Payment of a reasonable amount at the time the agreement is
made.
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2.
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Payment of the remainder of the outstanding balance in monthly
installments over a reasonable length of time.
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3.
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Payment of all future service bills in full by the due date.
|
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In any situation where you are unable to resolve billing disputes
or disputes about the ground for proposed disconnection through contacts
with our utility, you may make an appeal to the Wisconsin Public Service
Commission, Madison, Wisconsin.
| |
(e)
In the event District 3 is not able to collect any bill for
water service even though Deposit and Guarantee Rules are on file,
the bill may be put upon the tax roll as provided in § 66.0701,
Wis. Stats.
W.
Surreptitious use of water.
(1)
When District 3 has reasonable evidence that a consumer is obtaining
their supply of water, in whole or in part, by means of devices or
methods used to stop or interfere with the proper metering of the
water service being delivered to their equipment, District 3 reserves
the right to estimate and present immediately a bill for service unmetered
as a result of such interference and such bill shall be payable subject
to a twenty-four-hour disconnection of service. When District 3 disconnected
the consumer for any such reason, District 3 will reconnect the consumer
upon the following conditions:
(a)
The consumer will be required to deposit with District 3 an
amount sufficient to guarantee the payment of the consumer's bills
for water service to District 3.
(b)
The consumer will be required to pay District 3 for all damages
to its equipment on the consumer's premises due to such stoppage or
interference with its metering.
(c)
The consumer must further agree to comply with reasonable requirements
to protect District 3 against further losses.
(2)
Sections 98.26 and 943.20, Wis. Stats., as relating to water
service, are hereby adopted and made a part of these rules.
X.
Vacation of premises. When premises are to be vacated, the owner
or licensed plumber shall obtain a permit from District 3 Clerk to
schedule District 3 staff to remove the meter and reader and shut
off the supply at the curb stop. The owner of the premises shall be
liable to prosecution for any damage to the property of District 3
by reason of failure to notify District 3 of vacancy.
Y.
Repairs to mains. District 3 reserves the right to shut off the water
in the mains temporarily, to make repairs, alterations or additions
to the plant or system. When the circumstances permit, District 3
will give notice, by newspaper publication or otherwise, of the discontinuance
of the supply. No rebate will be allowed to discontinuance of the
supply. No rebate will be allowed to consumers for such temporary
suspension of supply.
Z.
Duty of sanitary district with respect to safety of the public. It
shall be the duty of District 3 to see that all open ditches for water
mains, hydrants and service pipes are properly guarded to prevent
accident to any person or vehicle and at night there shall be displayed
amber signal light in such manner as will, so far as possible, ensure
the safety of the public.
AA.
Handling water main and service pipes in sewer or other trenches.
(1)
Where excavating machines are used in digging sewers, all water
mains shall be maintained at the expense of the contractor.
(2)
Contractors must ascertain for themselves the existence and
location of all service pipes. Where they are removed, cut, or damaged
in the construction of a sewer, the contractor must at their own expense
cause them to be replaced or repaired at once. They shall not shut
off the water service pipes from any consumer for a period exceeding
six hours.
BB.
Settling main or service trenches. Trenches in unpaved streets shall
be refilled with moist, damp earth, or by means of water tamping.
When water tamping is used, the water shall be turned into the trench
after the first 12 inches of backfill has been placed and then the
trench shall be kept flooded until the remainder of the backfill has
been put in.
CC.
Protective devices.
(1)
Protective devices in general. The owner or occupant of every
premise receiving water service shall apply and maintain suitable
means of protection of the premise supply, and all appliances thereof,
against damage arising in any manner from the use of the water supply,
variation of water pressure, or any interruption of water supply.
Particularly, such owner or occupant must protect water-cooled compressor
for refrigeration systems by means of high-pressure safety cutout
devices. There shall likewise by provided means for the prevention
of the transmission of water ram or noise of operation of any valve
or appliance through the piping of their own or adjacent premises.
(2)
Relief valves. On all "closed systems" (i.e., systems having
a check valve pressure regulator, or reducing valve, water filter
or softener) and effective pressure relief valve shall be installed
either in the top tapping or the upper side tapping of the hot water
tank, or on the hot water distributing pipe connection at the tank.
No stop valve shall be placed between the hot water tank and the relief
valve or on the drainpipe.
DD.
Cross-connection and interconnection control.
(1)
CROSS-CONNECTION
(a)
(b)
Definition. As used in this section, the following terms shall
have the meanings indicated:
Any connection or potential connection between any part of a
water supply system and other another environment containing substances
in a manner that, under any circumstances, would allow the substances
to enter the water supply system by means of backsiphonage or back
pressure.
An interconnection is any physical connection or arrangement
between two otherwise separate systems, one of which contains potable
water from District 3's water system, and the other of which contains
water from a private source, water of unknown or questionable safety,
or steam, gases, or chemicals, whereby there may be a flow from one
system to the other, with the direction of flow depending on the pressure
differential between the two systems.
(2)
Interconnections prohibited. No person, firm or corporation
may establish or maintain or permit to be established or maintained
any interconnection between District 3's water systems and any private
well or other water source.
(3)
Inspection. District 3 may inspect, or arrange for an inspection of, property served by the public water system for cross-connections. As an alternative, District 3 may require a person, firm, or corporation who owns, leases, or occupies property to have their plumbing inspected, at their own expense by a State of Wisconsin certified cross-connection inspector/surveyor. The frequency of inspections shall be established by District 3 in accordance with Wisconsin Administrative Code § NR 810.15. Any unprotected cross-connections identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross-connection shall be sufficient cause for District 3 to discontinue water service to the property, as provided under § A341-23DD(6).
(4)
Right to entry. Upon presentation of credentials, a representative of District 3 shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system of District 3 for the purpose of inspecting the property for cross-connections. Refusing entry to such representative shall be sufficient cause for District 3 to discontinue water service to the property, as provided under § A341-23DD(6). If entry is refused, a special inspection warrant under § 66.0119 of the Wisconsin Statutes may be obtained.
(5)
Provision of requested information. District 3 may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish District 3 with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for District 3 to discontinue water service to the property, as provided under § A341-23DD(6).
(6)
Discontinuation of service water for violation. District 3 may discontinue water service to any property wherein any unprotected connection in violation of this section ordinance exists, and to take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Chapter 68, Wis. Stats., except as provided in § A341-23V(1).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(7)
Water service to such property shall not be restored until the
unprotected cross-connection has been eliminated.
(8)
Emergency discontinuation. If it is determined by District 3
that an unprotected cross-connection or emergency endangers public
health, safety or welfare and requires immediate action, and if a
written finding to that effect is filed with the District 3 Clerk
and delivered to the customer's premises, water service may be immediately
discontinued. The customer shall have an opportunity for hearing under
Chapter 68, Wis. Stats., within 10 days of such emergency discontinuance.
Water service to such property shall not be restored until the unprotected
cross-connection has been eliminated.
(9)
State code adopted. District 3 adopts by reference the State
Plumbing Code of Wisconsin being Chapter SPS 382, Wisconsin Administrative
Codes.
(10)
Section not to supersede other ordinances. This section does
not supersede the State Plumbing Code and any Town plumbing ordinances
but is supplementary to them.
EE.
Well abandonment.
(1)
Applicability. All wells within the corporate limits of the Town of Sheboygan Sanitary District No. 3 Water which are in unusable condition, unsafe or do not comply with Chapter NR 812, Wisconsin Administrative Code, or which may serve as conduits for groundwater contamination shall be abandoned in accordance with this ordinance unless a well operation permit has been granted pursuant to§ A341-23EE(3).
(a)
Premises where municipal water service is not available are
exempt from this ordinance.
(b)
Where feasible, noncomplying wells and pump installations may
be upgraded to comply with Chapter NR 812, Wisconsin Administrative
Code. A private well may be temporarily abandoned under provisions
of Chapter NR 812. A well constructed for potable use may not be considered
a nonpotable well to avoid the applicability of this ordinance.
(c)
If water from a private well is known to produce water which
exceeds a Department of Natural Resources (DNR) health advisory, a
primary standard in Chapter NR 809 or an enforcement standard in Chapter
NR 140, Wisconsin Administrative Code, a well operation permit shall
not be issued without approval of the Department of Natural Resources.
(d)
An illegal cross-connection exits where a private well is connected
to a plumbing system which is also connected to the municipal system.
Chapter NR 811, Wis. Adm. Code, prohibits such connections.
(2)
Well operation permits. A permit may be granted to well owner
to operate a private well for a period not to exceed five years. At
the end of a permit period, the well owner may apply for a renewal
of permit upon submittal of updated information necessary for a permit
application. District 3 may conduct inspections or have water quality
test conducted at the applicant's expense to obtain or verify information
necessary for consideration of a permit. Permit applications shall
be made on forms provided by District 3 Clerk. The following requirements
must be met before a well operation permit is issued:
(a)
The well has a functional pumping system and its continued current
use can be justified by the property owner.
(b)
The well has a history of producing bacteriological safe water
and presently produces bacteriological safe water as demonstrated
by providing a copy of the results of a water sample analyzed at a
state-certified laboratory within three months preceding the request
for the well operation permit or permit renewal.
(c)
The well and pump installation meets the requirements of Chapter
NR 812, Wisconsin Administrative Code, as certified by a Department
of Natural Resources licensed well driller or pump installer or by
Department of Natural Resources staff evaluation.
(d)
No physical connection exists between the piping of the public
water system and the private well.
(e)
A fee of $10 is paid to District 3 for processing a permit.
(3)
Abandonment methods. Wells shall be abandoned according to the
procedures outlined in Ch. NR 812, Wisconsin Administrative Code.
The pump and piping must be removed and the well checked for obstructions
prior to abandonment. Any obstruction or liner must be removed, if
possible. Filling with unapproved materials or use of unacceptable
procedures is prohibited.
(4)
Report and inspection. An Abandonment Report Form, Department
of Natural Resources No. 3300-5, is available at District 3 Clerk's
office and must be submitted to District 3 Clerk within 10 days of
abandonment completion. Forty-eight-hour advanced notice of well abandonment
work must be provided to District 3 Clerk so the filling may be observed
by a representative of the municipality. District 3 Clerk shall send
a copy of Form 3300-5 to the appropriate Department of Natural Resources
district office within 10 days of receipt of the completed form.
(5)
Penalties. Any person, firm, or other well owner violating any
provision of this ordinance shall, upon conviction, be punished by
forfeiture of not less than $20 nor more than $500 together with the
cost of prosecution. Each day during which a violation exists shall
be deemed and constitute a separate offense. If any person fails to
comply with this ordinance for more than 30 days after notice in writing,
the municipality may impose a penalty or may cause the abandonment
to be done and the expense thereof shall be assessed as a special
tax against the property.
FF.
Restricted use of water during emergencies.
(1)
Authority. District 3 Commissioners are hereby authorized to
declare a water emergency whenever, in the opinion of said issuing
authority, conditions exist which make it necessary in the interest
of the public health, safety or welfare to conserve or otherwise restrict
the use of water supplied by District 3.
(2)
Declaration of emergency. Notice of a water emergency shall
be proclaimed by the issuing authority through one or more news mediums
likely to give notice in the area affected. Once an emergency has
been declared, said emergency and any rules or regulations issued
in conjunction therewith shall continue to exist until such time as
terminated by the issuing authority in the same manner as initially
proclaimed.
(3)
Compliance with rules and regulations required. It shall be
unlawful for any person to use or allow water to be used in any fashion
contrary to the rules and regulations hereunder. Any person violating
any provision of this regulation adopted or issued pursuant to the
subchapter shall upon conviction be subject to a forfeiture of not
less than $20 nor more than $500 together with the costs of prosecution.
GG.
Water main extension rule.
(1)
Generally. District 3 will extend water mains, fire hydrants,
and appurtenances for new customers according to standards and criteria
determined by District 3's engineers.
(2)
Cost to customers. District 3 may, by resolution, levy and collect
special assessments upon property benefited by water main extensions
in accordance with § 66.0701, Wis. Stats. (2019-2020), and
as same may be amended, and may provide for the payment of all or
any part of the cost of the extensions out of the proceeds of such
special assessments.
(3)
Outside service boundaries. District 3 may, at its discretion,
extend its service outside of its corporate limits, including to and/or
through property in adjoining municipalities.
HH.
Conflict and separability.
(1)
Conflict of provisions. If the provisions of the different sections
of this code conflict with or contravene each other, the provisions
of each section shall prevail as to all matter of such section.
(2)
Separability of code provisions. If any sections, subsection,
sentence, clause, or phrase of this code is for any reason held to
be invalid or unconstitutional by reason of any decision of any court
of competent jurisdiction, such decision shall not affect the validity
of any other section, subsection, sentence, clause or phrase or portion
thereof.
II.
Secretary to file documents incorporated by reference. Whenever in
this code any standard, code rule, regulation or other written or
printed matter, other than the Wisconsin Statutes or other sections
of this code, are adopted by reference, they shall be deemed incorporated
in this code as if fully set forth herein and the Secretary of the
Commission is hereby directed and required to file, deposit and keep
in his office a copy of the code, standard, rule, regulation or other
written or printed matter as adopted. Materials so file, deposited
and kept shall be public records open for examination with property
care by any person, subject to such orders or regulations which District
3 Clerk may prescribe for their preservation.
JJ.
Sanitary District Deputy Director of Utilities.
(1)
Deputy Director of Utilities of District 3 is vested with the
authority and responsibility to enforce the provisions of this code
and issue citations. The Deputy Director shall have the power and
authority, at all reasonable hours for any proper purpose, to enter
upon any public or private premises and make an inspection thereof.
KK.
Penalty provisions.
(1)
General penalty. Whenever so provided in this code, any person
who shall violate any of the provisions of this code shall upon conviction
of such violation, be subject to a penalty, which shall be as follows:
(a)
First offense - penalty. Any person found guilty of violating
any part of this code, upon conviction thereof, shall forfeit not
less than $25 nor more than $200 together with the costs of prosecution
and in default of payment of such forfeiture and costs of prosecution
shall be imprisoned in the county jail until said forfeiture and costs
are paid, but not exceeding 90 days.
(b)
Second offense - penalty. Any person found guilty of violating
any part of this code who shall previously have been convicted of
a violation of the same ordinance shall upon conviction thereof, forfeit
not less than $25 nor more than $500 for each such offense, together
with the costs of prosecution and in default of payment of such forfeiture
and costs shall be imprisoned in the county jail until said forfeiture
and costs of prosecution are paid, but not to exceed six months.
