[Code 1966, § 23.03; amended 2-16-2022 by Ord. No. 1004]
The application to this article, its rules, regulations and
rates shall apply to all persons residing or operating a business
within the corporate limits of the Village and any person, by attachment
or otherwise coming in to locate within the Village subsequent to
the effective date of the ordinance from which this section is derived.
[Code 1966, § 23.04]
(a)
ACT
AMMONIA NITROGEN (NH3-N)
APPROVING AUTHORITY
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER, LATERAL AND SERVICE PIPE
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD)
COLLECTION SYSTEM
COMPATIBLE POLLUTANT
DEBT RETIREMENT
DOMESTIC WASTEWATER
EXCESSIVE
FAILED SEPTIC TANK WASTE
FATS, OIL, AND GREASE
FLOATABLE OIL
FLOW PROPORTIONAL COMPOSITE SAMPLE
GARBAGE
GREASE INTERCEPTOR
GROUND GARBAGE
HIGH-STRENGTH WASTEWATER
HOLDING TANK WASTEWATER
INCOMPATIBLE POLLUTANT
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERCEPTING SEWER
NATURAL OUTLET
NORMAL SEWAGE
OPERATION AND MAINTENANCE COST
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
PERSON
pH
PHOSPHORUS (P)
PRETREATMENT
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
RECEIVING WATERS
REPLACEMENT
RESIDENTIAL EQUIVALENCY CHARGE
RESIDENTIAL EQUIVALENT CONNECTION
SANITARY SEWER
SEGREGATED DOMESTIC WASTES
SEPTAGE
SEPTIC TANK WASTE
SEWAGE (also referred to as "wastewater")
SEWER SERVICE CHARGE
SEWER USE CHARGE
SLUG
STANDARD METHODS
STORM SEWER
STORMWATER RUNOFF
SURCHARGE
SUSPENDED SOLIDS
TOTAL KJELDAHL NITROGEN (TKN)
TOTAL PHOSPHORUS
TOXIC SUBSTANCE
UNMETERED USER
UNPOLLUTED WATER
USER
USER CHARGE
USER CHARGE SYSTEM
UTILITY
UTILITY DIRECTOR
VOLUME CHARGE
WASTE
WASTEWATER
WASTEWATER PUMPING STATION
WASTEWATER TREATMENT FACILITIES
WASTEWATER WORKS
WPDES PERMIT
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended by the Federal Water Pollution Control Act Amendments of
1972 (Pub. L. 92-500) and Pub. L. 93-243, or modified by W.S.A., ch.
147, or the appropriate section of Wis. Adm. Code adopted pursuant
to W.S.A., ch. 147.
One of the oxidation states of nitrogen in which nitrogen
is combined with hydrogen in molecular form as NH3 or in ionized form as NH4. Quantitative determination
of ammonia nitrogen shall be made in accordance with Chapter NR 219
of the Wisconsin Administrative Code.
[Added 2-16-2022 by Ord. No. 1004]
The Village Board or its duly authorized deputy, agent or
representative.
The quantity of oxygen expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter in
five days at a temperature of 20° C. Quantitative determinations
shall be made in accordance with Chapter NR 219 of the Wisconsin Administrative
Code.
[Amended 2-16-2022 by Ord. No. 1004]
A sewer which carries only sewage and industrial wastes from
the building plumbing to the public sanitary sewer.
The quantity of oxygen required by microorganisms to oxidize
the organic matter present in wastewater using a chemical inhibitor
to inhibit nitrification and prevent the exertion of nitrogen oxygen
demand. Quantitative determinations shall be made in accordance with
Chapter NR 219 of the Wisconsin Administrative Code.
[Added 2-16-2022 by Ord. No. 1004]
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
BOD, SS, pH, fecal coliform bacteria, chemical oxygen demand,
phosphorus and phosphorus compounds, or nitrogen and nitrogen compounds,
plus additional pollutants identified in the WPDES permit issued to
the Village for its wastewater treatment facility, provided that such
wastewater treatment facility was designed to treat such pollutants
and in fact does remove such pollutants to a substantial degree.
[Added 2-16-2022 by Ord. No. 1004]
The annual principal and interest requirements and obligations
of the utility for the wastewater works.
Waterborne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial wastes and in which
the average concentration of CBOD is established at or below 300 mg/l,
suspended solids is established at or below 300 mg/l, TKN is established
at or below 45 mg/l, and total phosphorus is established at or below
7 mg/l.
[Amended 2-16-2022 by Ord. No. 1004]
In such magnitude that, in the judgment of the Village, it
will cause damage to any facility; will be harmful to the wastewater
treatment plant to the degree required to meet the requirements of
the WPDES permit; can otherwise endanger life, limb or public property;
and/or can constitute a public nuisance.
[Added 2-16-2022 by Ord.
No. 1004]
The scum, liquid, sludge or other waste from a septic tank
or privy dumped at a frequency less than or equal to 90 days. This
waste shall be considered holding tank waste. This term does not include
the waste from a grease interceptor or trap.
[Added 2-16-2022 by Ord.
No. 1004]
A group of substances including fats, waxes, free fatty acids,
calcium and magnesium soaps, mineral oils, and certain other non-fatty
materials. Quantitative determination of fats, oil, and grease shall
be made in accordance with Chapter NR 219 of the Wisconsin Administrative
Code.
[Added 2-16-2022 by Ord.
No. 1004]
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection or treatment system.
[Added 2-16-2022 by Ord.
No. 1004]
A sample consisting of portions of waste taken in proportion
to the volume of flow of the wastes.[1]
The residue from the preparation, cooking and dispensing
of food, and from the handling, storage, and sale of food products
and produce.
[Added 2-16-2022 by Ord.
No. 1004]
A device for separating and retaining waterborne greases
and grease complexes prior to the wastewater exiting the interceptor
and entering the sanitary sewer collection system and treatment system.
These devices also serve to collect settleable solids generated by
and from food preparation activities prior to the water exiting the
interceptor and entering the sanitary sewer collection and treatment
system.
[Added 2-16-2022 by Ord.
No. 1004]
The residue from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particles will
be carried freely in suspension under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2 inch
in any dimension.
[Added 2-16-2022 by Ord.
No. 1004]
Wastewater in which CBOD, SS, nitrogen or phosphorus concentrations
exceed domestic strength wastewater.
[Added 2-16-2022 by Ord.
No. 1004]
Liquid waste from a domestic sanitary holding tank.
[Added 2-16-2022 by Ord.
No. 1004]
Any pollutant that is of such strength that will adversely
affect or disrupt the wastewater treatment processes or effluent quality
or sludge quality if discharged to a wastewater treatment works.
[Added 2-16-2022 by Ord.
No. 1004]
Any user whose premises are used primarily for the conduct
of a profit-oriented enterprise in the fields of manufacturing, transportation,
communications or utilities, mining, agriculture, forestry or fishing.
[Amended 2-16-2022 by Ord. No. 1004]
Any waterborne solids, liquids or gaseous wastes other than
domestic wastewater, resulting from discharging from, flowing from
or escaping from any commercial, industrial, manufacturing or food
processing operation or process or from the development of any natural
resource, or any mixture of these with water or domestic wastewater.
A sewer constructed to receive the dry weather flow of untreated
or inadequately treated sewage from one or more existing sanitary
sewer system terminals other than from a dwelling or building that
presently discharges or formerly discharged flow directly into any
waters of the state, and convey the flow to a treatment works, or
is to serve in lieu of an existing or proposed treatment works.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Sanitary sewage in which CBOD, suspended solids, TKN, or
phosphorus concentrations do not exceed normal concentrations of:
[Amended 2-16-2022 by Ord. No. 1004]
The actual sums spent by the utility in the operation and
maintenance of its wastewater works consisting of, but not limited
to, each and all of the following purposes:
Wages and salaries and employees related expenses of operating,
maintenance, clerical, laboratory and supervisory personnel, together
with fringe benefits and premiums paid on such wages and salaries
for the state workers' compensation coverage.
Electrical power.
Chemicals, fuel and other operating supplies.
Repairs to and maintenance of the equipment associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Replacement.
Any and all persons, natural or artificial, including any
individual, firm, company, municipal or private corporation, association,
governmental agency or other entity and agents, servants or employees.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in the most recent edition of the
Standard Methods.
[Amended 2-16-2022 by Ord. No. 1004]
Total phosphorus in wastewater, which may be present in any
of three principal forms: orthophosphate, polyphosphates, or organic
phosphates. Quantitative determination of total phosphorus shall be
made in accordance with Chapter NR 219 of the Wisconsin Administrative
Code.
[Added 2-16-2022 by Ord.
No. 1004]
An arrangement of devices and structures, for the preliminary
treatment or processing of wastewater required to render such wastes
acceptable for admission to the public sewers.
[Added 2-16-2022 by Ord.
No. 1004]
The residue from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particles will
be carried freely in suspension under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
in any dimension.
[Added 2-16-2022 by Ord.
No. 1004]
A sewer in which all owners or abutting properties have equal
rights and which is controlled or owned by public authority.
Any watercourse, river, pond, ditch, lake, aquifer or other
body of surface or subsurface water receiving discharge of sewage.
[Added 2-16-2022 by Ord. No. 1004]
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed.
A charge levied on users for debt retirement. The charge
shall be based on the total debt retirement divided by the number
of existing resident equivalent connections (REC).
The amount of sewage contributed to the system from a single-family
residence, based on the following criteria which will be recomputed
each year:
[Amended 2-16-2022 by Ord. No. 1004]
|
Flow
|
=
|
Amount of water used by single-family units
total number single-family units
|
|
CBOD
|
=
|
300 mg/l
|
|
SS
|
=
|
300 mg/l
|
|
TKN
|
=
|
45 mg/l
|
|
P
|
=
|
7 mg/l
|
A sewer that conveys domestic wastewater or industrial waste
or a combination of both, and into which stormwater, surface water
and groundwater or unpolluted industrial wastewater are not intentionally
passed.
Wastes from nonresidential sources resulting from normal
domestic activities. These activities are distinguished from industrial,
trade and/or process discharge wastes.
[Added 2-16-2022 by Ord.
No. 1004]
The wastewater or contents of septic or holding tanks, dosing
chambers, grease interceptors, seepage beds, seepage pits, seepage
trenches, privies or portable restrooms.
[Added 2-16-2022 by Ord.
No. 1004]
The scum, liquid, sludge or other waste from a septic tank
or privy pumped at a frequency greater than 90 days. This term does
not include the waste from a grease interceptor or trap.
[Added 2-16-2022 by Ord.
No. 1004]
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters, surface waters and stormwaters as may be present.
[Added 2-16-2022 by Ord.
No. 1004]
The charge levied on users of the wastewater collection and
treatment facilities for capital-related expenses, replacement costs,
and operation and maintenance costs of the facilities.
[Added 2-16-2022 by Ord.
No. 1004]
A charge levied on users of the wastewater collection and
treatment works for the user's proportionate share of the cost of
operations and maintenance, cost of replacement costs, and cost of
debt retirement of such work.
[Amended 2-16-2022 by Ord. No. 1004]
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during normal operation and shall adversely
affect the collection system and/or performance of the wastewater
treatment works.
The examination and analytical procedures set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater," as prepared, approved and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Federation.
A sewer which carries stormwater and surface drainage but
excludes domestic wastewater and industrial wastes.[2]
That portion of the rainfall that is drained into the sewers.
[Added 2-16-2022 by Ord. No. 1004]
An additional charge related to industrial or commercial
wastes being discharged by any user having unusual characteristics
such as excessive CBOD, excessive suspended solids, excessive TKN,
or excessive total phosphorus. "Excessive" means loadings greater
than domestic strength wastewater as earlier defined.
[Amended 2-16-2022 by Ord. No. 1004]
Solids that either float on the surface of, or are in suspension
in water, sewage or other liquids, and which are removable by a laboratory
filtration device. Quantitative determination of suspended solids
shall be made in accordance with Chapter NR 219 of the Wisconsin Administrative
Code.
[Added 2-16-2022 by Ord. No. 1004]
The total organic nitrogen and ammonia nitrogen of the wastewater.
Quantitative determination of TKN shall be made in accordance with
Chapter NR 219 of the Wisconsin Administrative Code.
[Added 2-16-2022 by Ord. No. 1004]
The total quantity of orthophosphate, polyphosphates, and
organic phosphates in the wastewater. Qualitative determination of
total phosphorus shall be made in accordance with Chapter NR 219 of
the Wisconsin Administrative Code.
[Added 2-16-2022 by Ord.
No. 1004]
Any substance, whether gaseous, liquid or solid, which, when
discharged to the sewerage system in sufficient quantities, interferes
with any wastewater treatment process, or constitutes a hazard to
human beings or animals, or inhibits aquatic life in the receiving
waters of the effluent from the wastewater treatment facility.
[Added 2-16-2022 by Ord.
No. 1004]
A user who is not connected to the municipal water system
and thereby does not have his private water supply metered.
[Added 2-16-2022 by Ord.
No. 1004]
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
Any person discharging domestic wastewater, industrial wastes,
or any other wastewater into the collection system.
[Amended 2-16-2022 by Ord. No. 1004]
The charges levied on Village customers, municipalities and/or
users of the wastewater facilities for the cost of operation, maintenance
and replacement of such wastewater facilities. The user charge is
a component of the sewer service charge.
[Added 2-16-2022 by Ord.
No. 1004]
That system that generates operation and maintenance, replacement
and debt retirement revenues equitably for providing each user category
with services.
[Added 2-16-2022 by Ord.
No. 1004]
The Village sewer utility, established by this chapter.
The director of the wastewater treatment plant, who shall
be in charge of and supervise the operations and functions of the
wastewater treatment plant.
[Added 2-16-2022 by Ord.
No. 1004]
The charge for operation and maintenance costs and replacement
costs. The volume charge shall be based upon normal strength wastewater
quantities.
[Added 2-16-2022 by Ord.
No. 1004]
Any solids, liquid or gaseous material or combination thereof
discharged from any residences, business building, institutions and
industrial establishments into the collection system or storm sewer.
A combination of the water-carried waste discharged into
the collection system from residences, business buildings, institutions
and industrial establishments, together with such groundwater, surface
water and stormwater as may be present.
A pumping facility utilized to pump wastewater within the
collection system.
Any utility-owned facility, devices and structures used for
receiving and treating wastewater from the utility collection system.
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
A permit to discharge pollutants obtained under the state
pollutant discharge elimination system (WPDES) pursuant to W.S.A.,
ch. 147.
[1]
Editor's Note: The former definition of "industrial cost recovery,"
which immediately followed this definition, was repealed 2-16-2022 by Ord. No. 1004.
[2]
Editor's Note: The former definition of "superintendent,"
which immediately followed this definition, was repealed 2-16-2022 by Ord. No. 1004.
[Code 1966, § 23.01]
The Village Board, pursuant to the provisions of W.S.A., § 66.067,
does hereby declare the Village-owned sewer system, consisting of
the wastewater treatment plant, collection system, waste collection
and disposal operations, sewer system and all other appurtenances
and equipment used for such purposes, or wastewater works a public
utility as of January 30, 1980.
[Code 1966, § 23.02]
(a)
The operation, management and control of the utility is hereby vested
in the Village Board as a utility board pursuant to the provisions
of W.S.A., § 66.066(1), and referred to in this article
as the approving agency. All records of the utility shall be kept
by the Village Clerk-Treasurer and Utility Director in the Village
Hall or other officially designated place.
[Amended 2-16-2022 by Ord. No. 1004]
(b)
The rules, regulations and rates set forth in this article shall
be considered part of the contract with every individual or entity
connected to the wastewater works. Such rules, regulations and rates
may be changed from time to time as determined by the Village Board,
and the right is reserved to make special rates and contracts in all
proper cases.
(c)
The Village Board shall cause an annual audit of the books of the
utility made by the state bureau of municipal audit or a private firm
of certified public accountants and shall make the books and records
relating to the utility available for inspection during regular business
hours.
[Code 1966, § 2:3.18]
(a)
Any person who fails to comply with any of the provisions of this
article or with an order of the approving authority issued in pursuance
of this article, who shall tamper with metering or sampling, shall
be liable to the Village for any expense, loss or damage occasioned
by such violation, including reasonable attorney's fees and other
expenses of litigations and, upon conviction of any violation of this
article, shall be fined not less than $100 nor more than $2,500 per
violation, plus damages. Each day a condition is allowed to exist
which is contrary to all or any part of this article shall constitute
a new violation. Change of ownership or occupancy of premises delinquent
under the provisions of this article shall not be cause for reducing
or eliminating charges due and penalties for violations.
(b)
If any user shall discharge a slug of water or wastewater, as defined in § 86-167, such user shall pay a penalty of $200 per violation. Each day a violation occurs shall constitute a separate violation. Such penalty shall be added to the monthly or quarterly billing statement.
[Amended 2-16-2022 by Ord. No. 1004]
(c)
In addition to the court proceedings and penalties described in subsections (a) and (b) of this section, whenever a person violates any provision of this article or fails to comply with any order of the approving authority, the approving authority may order that an action be commenced on behalf of the utility in the county circuit court for the purpose of obtaining an injunction restraining the person violating this article or failing to comply with the order, from making any further discharges into the wastewater treatment facilities of the Village.
[Code 1966, § 23.19]
(a)
The Village shall operate the sewer utility and enforce this article
in accordance with Section NR 128.13 of the Wis. Adm. Code. The main
items included in Section NR 128.13 of the Wis. Adm. Code are as follows:
(1)
The Village shall maintain a proportionate distribution of operation
and maintenance costs among users and user classes.
(2)
The Village shall generate sufficient revenues to pay total
operation, maintenance and replacement costs.
(3)
The Village shall apply excess revenues collected from a class
of users to the costs of operation and maintenance attributable to
that class for the next year and adjust the rate accordingly.
(4)
All user charges specifically collected for replacement shall
be deposited in a separate and distinct fund which shall be used exclusively
for replacement.
(5)
Users discharging toxic pollutants shall pay for any increased
operation, maintenance and replacement costs caused by the toxic pollutants.
(6)
Users shall be notified at least annually, in conjunction with
a regular bill, of the rate and that portion of the user charges which
are attributable to wastewater treatment services.
(7)
This article shall take precedence over any terms or conditions
of agreement of contracts between the Village and users which are
inconsistent with the requirements of Section NR 128.13 of the Wis.
Adm. Code.
[Code 1966, § 23.16]
The Village shall be permitted to gain access to such properties
as may be necessary for the purpose of inspection, observation, measurements,
sampling and testing, in accordance with provisions of this article.
[Code 1966, § 23.17; amended 2-16-2022 by Ord. No. 1004]
The Village shall have no authority to inquire into any processes,
including metallurgical, chemical, oil, refining, ceramic, paper or
other industries, beyond that point having a direct bearing on the
kind and source of discharge into the sanitary sewer. Wastewater pollutants
and characteristics will not be recognized as confidential information.
When requested by the user furnishing a report or permit application
or questionnaire, the portions of the report, or other document, which
might disclose trade secrets or secret processes shall not be made
available for use by the Village in judicial review or enforcement
proceedings involving the person furnishing the report unless required
to do so by court order or statute.
[Code 1966, § 30.01(6)]
The sewer service charges levied pursuant to this article shall
be collected by the Village in the same manner and in the same place
that the water bills are collected and paid.
[Code 1966, § 30.01(7)]
Bills for sewer service not paid within the first 15 days of
each month of each collection period shall be considered delinquent
and shall be increased by a penalty of 10%.
[Code 1966, § 30.01(8)]
Each sewer service charge is made a lien upon the corresponding
lot, land or premises serviced by a connection to the sanitary sewer
system, and if the same is not paid within the period allotted for
such payment, the charge shall constitute a lien on the property served
and be inserted in the Village tax roll, as provided in the state
statutes.[1]
[1]
Editor's Note: Former § 86-177, Extension of sanitary
sewer mains, added 7-15-2020 by Ord. No. 981, which immediately followed this section,
was repealed 2-16-2022 by Ord. No. 1004.
