[HISTORY: Adopted by the Common Council of the City of Neillsville 7-22-1997 by Ord. No. 949 (Title 5, Ch. 3, of the 1985 Code). Amendments noted where applicable.]
A. 
This chapter regulates the use of public and private sewers and drains, discharge of septage into the public sewerage system, and the discharge of waters and wastes into the public sewerage systems within the City of Neillsville. It provides for and explains the method used for levying and collecting wastewater treatment service charges, sets uniform requirements for discharges into the wastewater collection and treatment systems, and enables the City of Neillsville to comply with administrative provisions and other discharge criteria which are required or authorized by the State of Wisconsin or federal law. Its intent is to derive the maximum public benefit by regulating the characteristics of wastewater discharged into the City of Neillsville sewerage system.
B. 
This chapter provides a means for determining wastewater and septage volumes, constituents and characteristics; the setting of charges and fees, and the issuing of permits to certain users. Revenues derived from the application of this chapter shall be used to defray the costs of operating and maintaining adequate wastewater collection and treatment systems and to provide sufficient funds for capital outlay, debt service costs and capital improvements. The charges and fees herein have been established pursuant to requirements of the Wisconsin Statutes. This chapter shall supersede any previous ordinance, rules or regulations, and shall repeal all parts thereof that may be inconsistent with this chapter. If there is any conflict between this chapter and any applicable statute, the state statute shall be controlling.
[Amended 11-23-1999 by Ord. No. 967]
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
AMMONIA NITROGEN (NH3-N)
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 procedures set forth in "standard methods" or Ch. NR 149, Wis. Adm. Code.
AUTHORITY
The City of Neillsville or its duly authorized committee, agent, or representative.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter. Quantitative determination of BOD shall be made in accordance with procedures set forth in the most recent edition of "Standard Methods."
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the wall of the building and conveys it to the building sewer.
BUILDING INSPECTOR
The Director of Public Works of Neillsville, who shall act for the City of Neillsville Sewer Utility unless otherwise noted.
BUILDING SEWER
The extension from the public sewer or other place of disposal beginning outside the inner face of the building wall.
CHEMICAL ELEMENTS AND COMPOUNDS
Typically found in wastewater, and which may be regulated by this chapter, are as follows:
Aldrin
Cyanide
Lead
Ammonia Nitrogen
DDT
Lindane
Arsenic
DDD
Mealthion
Benzene
DDE
Mercury
Benzo(a) Anthracene
Dieldrin
Molybdenum
Benzo(a) pyrene
3,3-Dichlorbenzidine
Nickel
Beryllium
Dichloromethane
Nitrogen
BIS (2-Ethylhexyl) Phtalate
2,4-D
PCB's
Cadmium
Dimethyl Nitrosoamine
Phosphorus
Carbon Tetrachloride
Endrin
Chloradane
Heptachlor
Chloroform
Hexachlorobenzene
Copper
Hexachlorobutadiene
Chromium
COMPATIBLE POLLUTANTS
Biochemical oxygen demand, suspended solids, phosphorus, ammonia, or pH, plus additional pollutants identified in the WPDES permit for the publicly owned treatment works receiving the pollutant, if such works were designed to treat such additional pollutants to a substantial degree.
FLOATABLE OIL
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 or septage shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection of treatment system.
GARBAGE
The residue from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food products and produce.
GROUND GARBAGE
The residue from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particulates will be no greater than 1/2 inch in any dimension and will be carried freely in suspension under normal flow conditions in sewers.
INCOMPATIBLE POLLUTANTS OR WASTEWATER
Wastewater or septage with pollutants or of such a strength that will adversely affect or disrupt the wastewater treatment process or effluent quality or sludge quality if discharged to the sewerage pretreatment facilities.
INDUSTRIAL WASTE
The wastewater from industrial process, trade, or business, as distinct from sanitary sewage, including cooling water and the discharge from sewage pretreatment facilities.
LICENSED DISPOSER
A person or business holding a valid license to do septage servicing under Ch. NR 113, Wis. Adm. Code.
MAY
Means is permissible.
MUNICIPAL WASTEWATER
The wastewater 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 plans and institution, together with any groundwater, surface water, and stormwater that may have inadvertently entered the sewerage system.
NATURAL OUTLET
Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NITROGEN
Kjeldahl nitrogen which is the sum of organic nitrogen and ammonia nitrogen.
PARTS PER MILLION
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.
PERSON
Any and all persons, including any individual, firm, company, municipal or private corporations, association, society, institution, enterprise, government agency, or other entity.
pH
The logarithm of the reciprocal of hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.
PHOSPHORUS
Phosphorus shall be total phosphorus converted and reported as orthophosyhate.
PUBLIC SEWER
Any sewer provided by or subject to the jurisdiction of the City of Neillsville.
SANITARY SEWER
A sewer carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with small quantities of groundwater, stormwater, and surface waters that are not admitted intentionally.
SANITARY SEWERAGE
A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities, together with such groundwater, surface water, and stormwater as may have inadvertently entered the sewerage system.
SEPTAGE
The wastewater or contents of specific or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable rest rooms.
SEWAGE
The spent water of a community. The preferred term is "municipal wastewater."
SEWER SERVICE AREAS
The areas presently served and anticipated to be served by a municipal wastewater collection system.
SEWER SERVICE CHARGE
A service charge levied on users of the wastewater collection and treatment facilities for payment of use-related capital expenses as well as the operation and maintenance costs, including replacement of said facilities.
SEWER SYSTEM
The common sanitary sewers within a sewerage system which are primarily installed to receive wastewater directly from facilities which convey wastewater from individual structures or from private property, and which include service connection "Y" fittings designed for connection with those facilities. The facilities which convey wastewater from individual structures, from private property to the public sanitary sewer or its equivalent, are specifically excluded from the definition of "sewerage collection system," except that pumping units and pressurized lines for individual structures or groups of structures may be included as part of a sewer system when such units are cost-effective and are owned and maintained by the sewerage owner.
SEWERAGE SYSTEM
All structures, conduits and pipes by which sewage is collected, treated, and disposed of, except plumbing inside and in connection with buildings served and service pipes from building to street main.
SHALL
Means it is mandatory.
SLUG LOAD
Any substance released at a discharge rate and/or concentration which causes interference to wastewater treatment processes or plugging or surcharging of the sewer system.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater," promulgated by the American Public Health Association, American Water Works Association and Water Environment Federation.
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
Drain or sewer for conveying surface water, groundwater, subsurface water or unpolluted water from any source.
STORMWATER RUNOFF
That portion of the rainfall that is collected and drained into the storm sewers.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in, water, wastewater, septage, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods" and is referred to as "nonfilterable residue."
UTILITY
The City of Neillsville Sewer Utility.
WASTEWATER FACILITIES
The structures, equipment, and processes required to collect, carry away, store, and treat domestic and industrial waste and septage and dispose of the effluent and sludge.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, septage, industrial waste, and sludge. Sometimes used as synonymous with "waste treatment."
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
The management, operation, and control of the sewer system for the City of Neillsville shall be vested in the Building Inspector or designee; all records, minutes and all written proceedings thereof shall be kept by the City Clerk-Treasurer; the City Clerk-Treasurer shall keep all the financial records.
A. 
Construction. The Building Inspector or designee shall have the power to construct sewer lines for public use and shall have the power to lay sewer pipes in and through the alleys, streets and public grounds of the City of Neillsville and, generally, to do all such work as may be found necessary or convenient in the management of the sewer system. The Building Inspector or designee shall have power by themselves, their officers, agents, and servants, including the Building Inspector, to enter upon any land for the purpose of making examination or supervise in the performance of their duties under this chapter without liability thereof; and the City of Neillsville shall have power to purchase and acquire for the Building Inspector or designee all real and personal property which may be necessary for construction of the sewer system or for any repair, remodeling, or additions thereto.
B. 
Maintenance of services. The owner shall maintain sewer service from the street main to the house, including all controls between the same, without expenses to the Building Inspector or designee, except when they are damaged as a result of negligence or carelessness on the part of the Building Inspector or designee. All sewer services must be maintained free of defective conditions by and at the expense of the owner or occupant of the property. When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer service shall be installed for each building.
C. 
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall, in the judgement of the Building Inspector or designee, be necessary to the sewer system, and whenever, for any cause, an agreement for the purchase thereof cannot be made with the owner thereof, the City of Neillsville shall proceed with all necessary steps to take such real estate easement, or use by condemnation in accordance with the Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if federal funds are used.
D. 
Title to real estate and personality. All property, real, personal and mixed, acquired for the construction of the sewer system, and all plans, specifications, diagrams, papers, books and records connected therewith said sewer system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of the City of Neillsville.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
General. The rules, regulations, and sewer rates of the City of Neillsville hereinafter set forth shall be considered a part of the contract with every person, company or corporation who is connected to or uses the sewer system or wastewater treatment facility, and every such person, company, or corporation by connecting with the sewer system or wastewater treatment facility shall be considered as expressing their assent to be bound thereby. Whenever any of said rules and regulations, or such others as the City of Neillsville may hereafter adopt, are violated, the use of service shall be shut off from the building or place of such violation (even through two or more parties are receiving service through the same connection) and shall not be reestablished except by order of the Building Inspector or designee and on payment of all arrears, the expenses and established charges of shutting off and putting on, and such other terms as the Building Inspector or designee may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, the Building Inspector or designee, furthermore, may declare any payment made for the service by the party or parties committing such violation to be forfeited, and the same shall thereupon be forfeited. The right is reserved to the City of Neillsville to change these said rules, regulations, and sewer rate from time to time as they may deem advisable; and make special rates and contracts in all proper cases.
B. 
The following rules and regulations for the government of licensed plumbers, sewer users and others, are hereby adopted and established.
(1) 
Plumbers. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe fitting work in connection with the sewer system without first receiving a license from the State of Wisconsin and obtaining permission from the Building Inspector or designee. All service connections to the sewer main shall comply with the State Plumbing Code.
(2) 
Users.
(a) 
Mandatory hook-up. The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human habitation or in a block through which such system is extended, shall connect, pursuant to § 250-4, to such system within 180 days of notice in writing from the Building Inspector or designee. Upon failure to do so the City may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within the time noted in § 250-4, such notice shall be assessed as a special tax lien against the property.
C. 
Septage tank prohibited. The maintenance and use of septic tanks, holding tanks and other private sewage disposal systems within the area of the City of Neillsville serviced by its sewer system are hereby declared to be a public nuisance and a health hazard. The use of septic tanks, holding tanks or any private sewage disposal system within the area of the City serviced by the sewerage system shall be prohibited.
D. 
Application for sewer service.
(1) 
Every person desiring to connect to the sewer system shall file an application in writing to the Utility by the Building Inspector on such forms as are prescribed for that purpose. Blanks for such applications will be furnished at the office of the City Clerk-Treasurer. The application must state fully and truthfully all the wastes which will be discharged. If the applicant is not the owner of the premises the written consent of the owner must accompany the application. Persons connected to the sewer system of the City of Neillsville are referred to herein as "users."
(2) 
If it appears that the service applied for will not provide adequate service for the contemplated use, the Building Inspector or designee may reject the application. If the Building Inspector or designee approves the application, he/she shall issue a permit for services as shown on the application.
E. 
Application for septage disposal.
(1) 
Each year every licensed disposer wishing to discharge septage to the City of Neillsville sewerage system shall file a nonrefundable filing fee and an application in writing to the Utility by the Building Inspector on such a form as is prescribed for the purpose. Forms for such application will be furnished at the office of the City Clerk-Treasurer. The application must state fully and truly the type, frequency, quantity, quality and location of generated septage to be disposed in the sewerage system.
(2) 
During the month of September, the Building Inspector or designee will evaluate the applications and make a determination as to the amount and condition of septage disposal in the City of Neillsville sewerage system. If the Utility cannot accept all the proposed septage disposal then consideration shall be given, by the Building Inspector, first to those generators of septage that are within the sewer service.
(3) 
All approvals for septage disposal shall have the conditions that any time the sewerage system has operational problems, maintenance problems, or threat of WPDES permit violations that are indirectly or directly related to septage disposal, the Building Inspector or designee may immediately restrict septage disposal until such time as corrective action or mitigative measures have been taken.
F. 
Connection charge. Persons attaching to a sewer main shall have the lateral from the sewer main installed at their own expense.
G. 
Tap permits. After sewer connections have been introduced into any building or upon any premises, no plumber shall make any alterations, extensions, or attachments unless the party ordering such tapping or other work exhibits the proper permit for the same from the Building Inspector or designee.
H. 
User to keep in repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system.
I. 
Backflow preventer. All floor drains shall have a backflow prevention valve installed at the owner's expense.
J. 
User use only. No user shall allow other persons or other services to connect to the sewer system through their lateral.
K. 
Vacating of premises and discontinuance of service. Whenever premises served by the system are to be vacated, or whenever any person desires to discontinue service from the system, the Utility by the Building Inspector must be notified in writing. The owner of the premises shall be liable for any damages to the property of the system other than through the fault of the system or its employees, representatives, or agents.
L. 
User to permit inspection. Every user shall permit the Utility by the Building Inspector or his/her designee, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate; and they must at all times, frankly and without concealment, answer all questions put to them relative to its use, all in accordance with this chapter and § 196.171, Wis. Stats.
M. 
Utility responsibility. It is expressly stipulated that no claim shall be made against the City or the Utility or acting representative 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 they 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 regulations to the contrary notwithstanding.
N. 
Excavation.
(1) 
In making excavations in streets or highways for laying service pipe or making repairs, the paving and the earth removed must be deposited in a manner that will result in the least inconvenience to the public.
(2) 
No person shall leave any such excavation made in any street or highway open at any time without barricades, and during the night warning lights must be maintained at such excavations.
(3) 
In refilling the opening after the service pipes are laid, the earth must be laid in layers of not more than nine inches in depth and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the street as good, at least, as before it was disturbed, and satisfactory to the Utility by the Building Inspector. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.
O. 
Tapping the mains.
(1) 
No person, except those having special permission from the Building Inspector or designee, or persons in their service and approved by them, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permits or order from the Building Inspector or designee to ensure that new sewers and connections to the sewer system are properly designed and constructed.
(2) 
Pipes should always be tapped on top and not within six inches (15 cm) of the joint or within 24 inches (60 cm) of another lateral connection. All service connections to mains must comply with State plumbing code. Lateral connections to existing sewers shall be made with saddles and by coring the existing sewer or by inserting (cutting in) a wye or tee into the existing sewer. The wye or tee shall be of the same pipe material as the existing sewer. The lateral/tee connection shall be made with approved adaptors or couplings.
P. 
Installation of house laterals.
(1) 
All service pipes (laterals) on private property will be installed in accordance with Ch. SPS 382, Design, Construction, Installation, Supervision, Maintenance and Inspection of Plumbing, Wis. Adm. Code; especially § SPS 382.30, Sanitary drain systems, Wis. Adm. Code.
(2) 
As required by Wisconsin Administrative Code regulations, all laterals shall be inspected.
Q. 
Extensions. The City shall extend sewer mains to a new person(s) in accordance with the following charges and the following conditions:
(1) 
When an extension of a sewer main is required by the prospective user, said person shall make an application on such a form as is prescribed for that purpose for such an extension in writing to the Utility by the Building Inspector by filing of such an application, the Utility by the Building Inspector shall first determine the logical location of the next manhole or manholes. Next, the Utility by the Building Inspector shall determine the length and location of the extension, taking into consideration the prospective demands for service, the capacity of downstream facilities, and the orderly development of the particular area. No extension shall be made for a distance less than to the next manhole. All sewer extensions shall be constructed in compliance with local and state laws, ordinances, and regulations.
(2) 
The person who requests the extension shall pay the entire cost of said extension including the manhole or manholes that are part of the extension. If more than one user is involved, the entire cost shall be divided among these users.
(a) 
In addition to the charge made as above provided to each lot, each user shall pay the full cost of the lateral from the main to their building.
R. 
Septage acceptance location.
(1) 
Septage shall only be discharged to the City's sewerage system by City-approved and State of Wisconsin-licensed disposers and at locations, times, and conditions as specified by the Building Inspector or designee.
(2) 
Septage discharges to Building Inspector or designee-specified manholes may, under special circumstances, be allowed, provided discharge rates are restricted as necessary to facilitate mixing, prevent a backup in the receiving sewer and prevent a slug load to the wastewater treatment facility. Discharges may be limited to the normal working hours of the Building Inspector or designee and require written documentation of the discharge to be submitted to the Utility by the Building Inspector within one working day of the discharge to the City of Neillsville sewerage system.
(3) 
Forms prescribed for the purpose of documentation of the discharge will be furnished at the office of the City Clerk-Treasurer and will include the following information:
(a) 
Name, address, and telephone number of the hauler.
(b) 
License number.
(c) 
Type of septage.
(d) 
Quantity of septage.
(e) 
Estimated quality of septage.
(f) 
Location, date, time and feed rate of discharge to the sewerage system.
(g) 
Source of septage.
(h) 
Name and address of septage generator.
(i) 
Other information as required by the Utility.
S. 
Additional authority. The City or the Utility may at any time establish specific connection and lateral charges for any main not covered by other provisions in this chapter or when the City or the Utility has made an extension and the user has failed to provide lateral or connection charges. It is further provided that the City may amend or alter any connection or lateral charge after it is established under the terms of this chapter or previous ordinance or resolutions.
A. 
General discharge prohibitions. No discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or otherwise to the facilities of the Authority:
(1) 
Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction, to cause fire or explosion or be injurious in any other way to the operation of the wastewater facilities or wastewater treatment works.
(2) 
Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system.
(3) 
Any wastewater having a pH less than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the system.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or exceed the limitation set forth in state or federal categorical pretreatment standards.
(5) 
A toxic pollutant shall include but not be limited to any pollutant identified in the Toxic Pollutant List set forth in Ch. NR 215, Wis. Adm. Code.
(6) 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
(7) 
Any substance which may cause the City of Neillsville's effluent or treatment residues, sludge, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(8) 
Any substance which will cause the City of Neillsville to violate its WPDES and/or other disposal system permits.
(9) 
Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(10) 
Any wastewater having a temperature which will inhibit biological activity in the treatment works resulting in interference; but in no case wastewater with a temperature at the introduction into the publicly owned treatment works which exceeds 40° C. (104° F.).
(11) 
Any slug load, which shall mean any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the publicly owned treatment works.
(12) 
Any unpolluted water, including, but not limited to, non-contact cooling water.
(13) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as exceeds limits established by the Authority in compliance with applicable state or federal regulations.
(14) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(15) 
Any stormwater, surface water, groundwater, roof runoff or surface drainage, or any other connections from inflow sources to the sanitary sewer. Such waters may be discharged to a storm sewer or other waterway with permission of the City of Neillsville.
B. 
Limitations on wastewater strength.
(1) 
National categorical pretreatment standards. National categorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency shall be met by all discharges of the regulated industrial categories.
(2) 
State requirements. State requirements and limitations on discharges to the publicly owned treatment works shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance.
(3) 
Right of revision. The Authority reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the publicly owned treatment works where deemed necessary to comply with the objectives set forth in this chapter.
(4) 
Dilution. No discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter.
(5) 
Supplementary limitations. The Authority may impose mass limitations on dischargers which are using dilution to meet the pretreatment standards or requirements of this chapter, or in other cases where the imposition of mass limitations is deemed appropriate by the Authority.
(6) 
Accidental discharge.
(a) 
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review, and shall be approved by the Authority before construction of the facility. Review and approval of such plans and operating procedures by the Authority shall not relieve the Discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
(b) 
Dischargers shall notify the Authority immediately upon the occurrence of a "slugload" or accidental discharge of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the City of Neillsville wastewater facilities on wastewater treatment works, in addition to the amount of any fines imposed on the Authority on account thereof under state or federal law.
(c) 
Signs shall be permanently posted in conspicuous places on discharger's premises, advising employee whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure.
[Amended 11-23-1999 by Ord. No. 967; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Definitions. The following terms shall have the following meanings under this chapter:
BASIS FOR SERVICE CHARGE
(1) 
The minimum quarterly billing shall be sufficient to pay the billing and customer-related administration expenses. The unit price per volume shall be sufficient to pay the remaining annual cost of operation and maintenance, including any replacement fund, of the sewerage facilities. The method for determining the user charges is as described in this section.
(2) 
The rate in this chapter shall be reviewed not less than biennially. Such review shall be performed by the City of Neillsville and the rates shall be adjusted, as required, to reflect actual number and size of users and actual costs. Users will be notified annually of the portion of service charges attributable to operation and maintenance.
DEBT SERVICE CHARGES
All costs associated with repayment of debts incurred for the construction and/or rehabilitation of wastewater collection system and treatment facility.
NORMAL DOMESTIC STRENGTH WASTEWATER
Wastewater with concentrations of BOD, suspended solids or phosphorus, as defined on the rate schedule.
NORMAL USER
A user whose contributions to the sewerage system consist only of normal domestic strength wastewater originating from a house, apartment, flat, or other living quarters occupied by a person or person constituting a distinct household, business or commercial enterprise.
OPERATION AND MAINTENANCE COSTS
All costs associated with the operation and maintenance of the wastewater collection and treatment facilities. These costs shall be divided proportionately among the various sewer users.
POLICY
It shall be the policy of the City of Neillsville to obtain sufficient revenues to pay the costs of the operation and maintenance of the sewerage facilities, including a replacement fund, through a system of sewer service charges as defined in this section. The system shall assure that each user of the sewerage system pays their proportionate share of the cost of such facilities.
REPLACEMENT COSTS
All costs necessary to accumulate the resources to replace equipment as required to maintain capacity and performance. A separate segregated distinct replacement fund shall be established and used for only replacement of equipment.
SEWER SERVICE CHARGE
A service charge levied on users of the sewerage system for payment of capital expenses as well as the operation and maintenance costs, including replacement of said facilities.
B. 
Sewer service charges. A sewer service charge is hereby imposed upon each lot, parcel of land, building, or premises served by the public sewer and wastewater facilities or otherwise discharging sewage, including industrial wastes, into the public sewerage system. Such sewer service charge shall be payable as hereinafter provided and in amounts determinable as follows:
(1) 
Category A is defined as normal or domestic strength wastewater having organic concentrations of biochemical oxygen demand (BOD), suspended solids (SS), or phosphorus (P) as defined on the rate schedule. The sewer service charge for Category A wastewater in accordance to scheduled rates shall be collected.
(2) 
Category B is defined as wastewater having organic concentrations of Biochemical Oxygen Demand (BOD), suspended solids (SS) or phosphorus (P) as defined on the rate schedule. The sewer service charge for wastewater in accordance to scheduled rates shall be collected. The Category B sewer service charge shall be computed in accordance with the formula presented below:
C = FQ + (V x C) + 0.00625 V (B x CB + S x CS + P x CP)
Where:
T
=
Total sewer service charge
FQ
=
Fixed quarterly charge
B
=
Concentration of BOD in mg/l in the wastewater minus the amount of mg/l as defined on the rate schedule
S
=
Concentration of suspended solids in mg/l in the wastewater minus the amount of mg/l as defined in the rate schedule
P
=
Concentration of phosphorus in mg/l in the wastewater minus the amount of mg/l as defined in the rate schedule
V
=
Wastewater volume in 1,000 gallons
C
=
Cost per 1,000 gallons
CB
=
Cost per pound of BOD
CS
=
Cost per pound of suspended solids
CP
=
Cost per pound of phosphorus
0.00625
=
Conversion factor
C. 
Disposal of septic tank sludge and holding tank sewage.
(1) 
No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewer unless a permit for disposal has been first obtained from the Building Inspector and shall state the name and address of the applicant; the number of its disposal units; and the make, model, and license number of each unit.
(2) 
Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than $100,000 to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect.
(3) 
All materials disposed of into the treatment system shall be of domestic origin or compatible pollutants only, and the person(s) agrees that he will comply with the provisions of any and all applicable ordinances of the City of Neillsville and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids, or other deleterious substances into the public sewers, nor allow any earth, sand, or other solid material to pass into any part of the wastewater treatment facilities.
(4) 
Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater treatment facilities shall be charged in accordance with scheduled rates.
(5) 
The person(s) disposing waste agrees to indemnify and hold harmless the City of Neillsville and the Utility from any and all liability and claim for damages arising out of or resulting from work and labor performed.
A. 
Industrial discharges. If any waters, wastes or septage which are discharged or proposed to be discharged to the public sewerage system contain substances or possess the characteristics enumerated in § 350-5 and which, in the judgment of the Utility by the Building Inspector, may be detrimental to the sewerage system, the City may:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the sewerage system.
(3) 
Require a control over the quantities and rates of discharge.
(4) 
Require payment to cover the added cost of handling and treating the waste not covered by existing taxes or sewer charges under the provision of § 350-4.
B. 
Control manholes.
(1) 
Each person discharging industrial wastes into a public sewer shall construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of their waste, including domestic sewage.
(2) 
Control manholes or access facilities shall be located and built in a manner acceptable to the Building Inspector. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Utility by the Building Inspector.
(3) 
Control manholes, access facilities, and related equipment shall be installed by the person discharging the industrial waste, at their expense, and shall be maintained by the person discharging the waste 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 Utility by the Building Inspector prior to the beginning of construction.
C. 
Measurement of flow. The volume of flow used for computing the sewer service and the cost recovery charges for nonseptage disposal shall be based upon the water consumption of the person as shown in the records of meter readings maintained by the City of Neillsville Water Utility.
D. 
Provision for deductions. In the event that a person discharging industrial waste into the public sewers produces evidence satisfactory to the Utility by the Building Inspector that more than 10% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the City and the industrial waste discharger.
E. 
Metering of waste. Devices for measuring the volume of waste discharged may be required by the City of Neillsville if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of water shall be installed, owned, and maintained by the person discharging the wastewater. Following approval and installation, such meters may not be removed without the consent of the Utility by the Building Inspector.
F. 
Waste sampling.
(1) 
Industrial wastes and septage discharge into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said waste at least quarterly.
(2) 
Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the City.
(3) 
Testing facilities shall be the responsibility of the person discharging the waste or septage and shall be subject to the approval of the Utility or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
G. 
Pretreatment. When required in the opinion of the City to modify or eliminate wastes that are harmful to the structures, processes, or operation of the sewerage system, the discharger shall provide at their expense such preliminary treatment or processing facilities as may be required to render this waste acceptable for admission to the public sewers.
H. 
Grease and/or sand interceptors. Grease, oil, and sand interceptors shall be provided by the industrial discharger and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the discharger 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 Utility by the Building Inspector. Any removal and hauling of the collected materials not performed by the discharger's personnel must be performed by currently licensed disposal firms.
I. 
Analyses.
(1) 
All measurements, tests, and analyses of the characteristics of water, waste and septage to which reference is made in the ordinances shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and "Guidelines Establishing Test Procedures for Analysis of Pollutants," (1978, 40 CFR 136). Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Utility by the Building Inspector.
(2) 
Determination of the character and concentration of the industrial wastes shall be made by the person discharging them or their agent, as designated and required by the City. The City may also make its own analyses of the wastes, and these determinations shall be used as a basis for charges.
(3) 
If the person discharging the waste contests the determination, the City may elect to have an independent laboratory determine the character and concentration of the waste. Said independent laboratory shall be certified under Ch. NR 149, Wis. Adm. Code, and be accessible to both the City and the person discharging the waste. All costs incurred by the independent laboratory in making the determination shall be assumed by the discharger.
J. 
Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or processing facilities shall be submitted for review of the City of Neillsville prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.
A. 
Payment and penalty. The sewerage service charge shall be for the corresponding period of the water bills and shall be payable no later than 20 days after the end of each period. A one-time penalty of 3% per bill shall be added to all bills not paid by the date fixed for final payment.
B. 
Charges a lien. All sewerage charges shall be a lien upon the property serviced pursuant to § 66.0821, Wis. Stats., and shall be collected in the manner therein provided.
C. 
Disposition of revenue. The amounts received from the collection of charges authorized by this chapter shall be credited to a sanitary sewerage account, which shall show all receipts and expenditures of the sewerage system. Charges collected for replacement expenses shall be credited to a segregated, nonlapsing replacement account. These funds are to be used exclusively for replacement. When appropriated by the City, the credits to the sanitary sewerage account shall be available for the payment of the requirements for operation, maintenance, repairs, and debt service of the sewerage system consistent with § NR 162.11, Wis. Stats. Any surplus outside the preview of § NR 162.11, Wis. Stats., in said account shall be available for the payment of principal and interest of bonds issued and outstanding or which may be issued to provide funds for said sewerage system, or part thereof, and all or a part of the expenses for additions and improvements and other necessary disbursements or indebtedness, and the City may resolve to pledge each surplus or any part thereof for any such purpose. All present outstanding sewer system general obligation bonds, including the refunding bonds, shall be paid from this fund as to both principal and interest.
D. 
Excess revenues. Excess revenues collected from a user class will be applied to operation and maintenance costs attributable to that class for the next year.
Annual audit. The City of Neillsville shall have conducted an independent annual audit, the purpose of which shall be to maintain the proportionality between users and user classes of the user charge system and to ensure that adequate revenues are available relative to increasing operation, maintenance, and replacement costs and debt retirement.
A. 
Damages. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
B. 
Written notice of violation.
(1) 
Any person connected to the sewerage system found to be violating a provision of this chapter shall be served by the City of Neillsville with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(2) 
Any licensed disposer discharging to the sewerage system found to be violating a provision of this chapter or of any conditions of the permit approval for septage disposal may have their approval immediately revoked. This revocation shall be done in writing and state the reasons for revoking the septage disposal approval.
C. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewerage system which causes damage to the sewerage system and/or receiving water body shall, in addition to a fine, pay the amount to cover all damages, both of which will be established by the City of Neillsville.
D. 
Accidental discharge reporting. Any person responsible for an accidental discharge that may have a detrimental impact on the sewerage system shall immediately report the nature and amount of the discharge to the Utility by the Building Inspector and City Clerk-Treasurer.
E. 
Liability to City of Neillsville for losses. Any person violating any provision of this chapter shall become liable to the City for any expense, loss, or damage occasioned by reason of such violation which the City may suffer as a result thereof.
F. 
Damage recovery. The system shall have the right of recovery from all persons any expense incurred by said system for the repair or replacement of any part of the sewerage system damaged in any manner by any person by the performance of any work under their control or by any negligent acts.
G. 
Penalties. Any person who shall violate any of the provisions of this chapter or rules or regulations of the City of Neillsville, or who shall connect a service pipe or discharge without first having obtained a permit therefor or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference shall, upon conviction thereof, forfeit the amounts noted in § 1-5, General penalty, of this Code, and the costs of prosecution.
H. 
Appeal procedures. Any user affected by any decision, action, or determination, including cease and desist orders, made by the interpreting or implementing provisions of this chapter may file with the City Clerk-Treasurer 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 Utility shall render a decision on the request for reconsideration to the user in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the Utility is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the Common Council.
A. 
Repeal of conflicting ordinances. All ordinances, resolution, orders or parts thereof heretofore adopted, enacted or entered in conflict with this chapter shall be and the same are hereby repealed.
B. 
Savings clause. If any provision of this chapter is found invalid or unconstitutional or if the application of this chapter to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or application of this chapter which can be given effect without the invalid or unconstitutional provision of application.
C. 
Amendments. The City of Neillsville, through its duly qualified governing body, may amend this chapter in part or in whole whenever it may deem necessary.