The purposes of this article are to:
A. 
Establish regulations for the use of public and private sewers and drains, for the installation and connection of building sewers, and for the discharge of waters and wastes into the public sewer system compatible with regulations of the State of Wisconsin Department of Natural Resources;
B. 
Provide for penalties for violations thereof;
C. 
Provide for the levying and collection of sewer service charges and penalties; and
D. 
Provide for a system of charges to new customers to compensate the Village for reserve capacity designed and built into the sewer system.
A. 
As used in this article, the following terms shall have the meanings indicated:
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20º C., expressed as milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in 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 walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING INSPECTOR
The Building Inspector of the Village of Johnson Creek or said person's appointed assistant, agent, or representative.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called "house connection."
COMPATIBLE POLLUTANTS
Biochemical oxygen demand, suspended solids, phosphorus, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned wastewater treatment facility receiving the pollutants, if such works were designed to treat such additional pollutants and, in fact, do remove such pollutants to a substantial degree.
DEBT SERVICE
Costs to the Sewer Utility for the retirement of debts incurred in the provision of wastewater facilities, including both principal and interest.
DWELLING UNIT EQUIVALENT (DUE)
One dwelling unit shall be calculated for each 250 gallons of sewage effluent flow as determined on an average daily basis at domestic wastewater strength (200 milligrams per liter of BOD and 250 milligrams per liter of suspended solids.) See also § 245-81.
FLOATABLE OIL
Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater 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 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 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.
HOLDING TANK WASTE
Any untreated wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANTS
Wastewater with pollutants that will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility.
INDUSTRIAL USER
Any nongovernmental user which discharges wastewater to the Village's sewers, which wastewater contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other waste, to contaminate the sludge of the municipal sewer systems or to injure or interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in, or has an adverse effect on, the waters receiving any discharge from the treatment works. In determining the amount of a user's discharge, the Village will exclude domestic waste or discharges from sanitary conveniences.
INDUSTRIAL WASTES
Wastes discharged by industrial users.
LATERAL
The extension from the building drain to the public sewer or other place of disposal.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NORMAL DOMESTIC STRENGTH WASTEWATER
Wastewater with concentrations of BOD no greater than 200 milligrams per liter, suspended solids no greater than 250 milligrams per liter, and phosphorus no greater than six milligrams per liter.
OPERATION AND MAINTENANCE COSTS
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.
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 individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
pH
The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of the hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10-7.
PUBLIC SEWER
Any publicly owned sewer, storm drain, sanitary sewer, or combined sewer.
REPLACEMENT COSTS
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater collection facilities to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs shall include replacement costs.
RESIDENTIAL CUSTOMER
Any single-family residential property containing one residential living unit or any duplex, apartment building, or other structure containing residential living units. Where more than one residential living unit is contained in a building, each residential living unit shall be deemed a residential customer or residential user for the purpose of the charges and assessments which are, or may be, levied under the terms of this article.
RESIDENTIAL EQUIVALENT CUSTOMER (REC)
See “dwelling unit equivalent.”
SANITARY SEWAGE
A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of groundwater, stormwater and surface water that are not admitted intentionally.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWERAGE SYSTEM
The facilities used for the collection, treatment and disposal of wastewater.
SEWER SERVICE CHARGE
A charge levied on users of the wastewater collection and treatment service to recover annual revenues for debt service, replacement costs, and operation and maintenance expenses of said facilities.
SLUG
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 collection system and/or performance of the wastewater treatment works.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
STORM DRAIN (sometimes termed "storm sewer")
A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
STORMWATER RUNOFF
That portion of the rainfall that is drained into the sewers.
SUSPENDED SOLIDS
Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods and referred to as "nonfilterable residue."
TREATMENT AUTHORITY
The Village of Johnson Creek.
UNPOLLUTED WATER
Water of quality equal to, or better than, the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER CHARGE
A charge levied on users of the wastewater collection and treatment facilities for payment of operation and maintenance costs of said facilities.
UTILITY or SEWER UTILITY
The Johnson Creek Sewer Utility.
VILLAGE
The Village of Johnson Creek, Wisconsin. "Village" may also refer to the Johnson Creek Village Board or an appointed employee or representative.
WASTEWATER
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.
WASTEWATER COLLECTION FACILITIES or WASTEWATER COLLECTION SYSTEM
The equipment required to collect and carry away domestic and industrial wastewater.
WASTEWATER TREATMENT FACILITY
The arrangement of devices and structures for treating wastewater, industrial wastes, and sludge.
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
A document issued by the State of Wisconsin Department of Natural Resources which establishes effluent limitation and monitoring requirements for the regional wastewater treatment facility. The WPDES permit and modifications thereof pertain to the Village of Johnson Creek wastewater treatment facility.
B. 
"Shall" is mandatory; "may" is permissive.
A. 
Sanitary sewers. No person(s) 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 of the Village. Stormwater runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewers by permission of the Village.
B. 
Storm sewers. Stormwater shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Village and other regulatory agencies. Unpolluted cooling water or process waters may be discharged into a storm sewer, combined sewer, or natural outlet with the Village's approval.
C. 
Prohibitions and limitations.
(1) 
Except as hereinafter provided, no person shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewer of the Village:
(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 six or having 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 9.0.
(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, underground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, paper or cloth diapers, cups, milk containers, etc., either whole or ground by garbage grinders.
(2) 
The following described substances, materials, waters or waste shall not be discharged into the municipal sanitary sewer system. These restrictions shall not be violated without prior approval of the Village.
(a) 
Wastewater having a temperature higher than 150º.
(b) 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.
(c) 
Wastewater from industrial plants containing floatable oils, fat or grease.
(d) 
Any garbage that has not been properly ground or 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 waste containing iron, chromium, copper, zinc, mercury, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment facility exceeds the limits established by the Village for such materials.
(f) 
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Village for such materials.
(g) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Village in compliance with applicable state and federal regulations.
(h) 
Quantities of flow, concentrations, or both, which constitute a slug as defined herein.
(i) 
Incompatible pollutants 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 plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(j) 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and the treatment process.
(k) 
Materials which exert or cause:
[1] 
Unusual BOD, chemical oxygen demand or chlorine requirements, such as, but not limited to, when in such quantities as to constitute a significant load on the wastewater treatment plant.
[2] 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
[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).
(3) 
The Village shall comply with all the requirements of the WPDES permit of the treatment authority and of all modifications thereof. No discharge shall be allowed into the sanitary sewers that is in violation of the requirements of the WPDES permit and the modifications thereof.
(4) 
All waters or wastes entering the system of the Village shall be subject to all of the provisions of the applicable wastewater control ordinance of the treatment authority.
(5) 
Discharge of stormwater restriction. No person shall cause or permit the discharge of stormwater or rainwater on or above the surface of any property where the discharge creates a public nuisance or safety hazard. This prohibition includes the discharge of stormwater or rainwater from any sump pump, downspout or rain gutter. Whenever practical, discharges shall be into the rear yard.
[Added 9-4-2003 by Ord. No. 21-03]
(a) 
Connection to a storm sewer facility. This subsection does not preclude the connection of any sump pump, downspout or rain gutter to a storm sewer facility located within the public right-of-way, provided that approval for connection to the stormwater facility has been approved by the Village.
(b) 
Responsibility to correct nonconforming conditions. Existing sump pump discharge lines of any sump pump, downspout or rain gutter that are not in conformance with the standards above shall have one year to correct the nonconforming condition.
(c) 
Village authorized to correct nonconforming conditions. Representatives of the Village are authorized to relocate any sump pump, downspout or rain gutter lines to a discharge point conforming to Village standards and to charge the property owner for the cost of the relocation. If the charge is not paid within 30 days, the Village is authorized to charge the owner 1.5% per month until it is paid and to place it as a special assessment against the property pursuant to Wisconsin statutes.
(6) 
Water softeners. Any water softener installed or replaced within the corporate limits of the Village shall be equipped with a use regenerator. In efforts to reduce the amount of chloride in the wastewater stream, time regenerators are not permitted to be installed.
[Added 12-22-2003 by Ord. No. 38-03]
D. 
Special arrangements. No statement contained in this section shall be construed as prohibiting any special agreement between the Village 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 by reason of the admission of such wastes and no extra costs are incurred by the Village without recompense by the person, and further provided that all rates and provisions set forth in this article are recognized and adhered to, and further subject to conditions and rates as prescribed by the treatment authority.
E. 
Septic tank and holding tank disposal. 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 sewer manhole located within the Village boundaries.
F. 
New connections. New connections to the Village's sanitary sewer system will not be allowed if there is insufficient capacity in any of the downstream wastewater collection facilities or in the treatment capacity of the Village's wastewater treatment plant.
G. 
Use of the public sewer required.
(1) 
It shall be unlawful for any person to place, deposit, or permit to be deposited, upon public or private property within the Village, or in any area under the jurisdiction of said Village, any human or animal excrement (other than the normal type of fertilizer), garbage, or other objectionable waste.
(2) 
It shall be unlawful to discharge to any natural outlet within the Village, or in any area under the jurisdiction of the Village, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with an order of the said Village and the plumbing and drainage code in force in the Village.
(3) 
The owner of any house, building, or property used for human habitation, occupancy, or employment or for carrying on any trade or business on a continuing basis situated within the Village and abutting on any street, alley, or right-of-way in which a public sewer is located, or in which the extension of the public sewer may be deemed feasible by the Village, is hereby required at his expense to install suitable wastewater facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after the date of official notice to do so. Absent any extraordinary conditions, any building which may be connected to the sewer line with a lateral up to 300 feet long shall be declared a feasible connection.
(4) 
The maintenance and use of outhouses, vault privies, septic systems, holding tanks, and other private wastewater collection systems are hereby declared to be a public nuisance and a health hazard. Any such systems not in conformity with the requirements of this article shall be abandoned, caved in, and filled within 30 days of connection to public sanitary sewers as provided herein.
A. 
Submission of basic data.
(1) 
Each user which discharges industrial wastes to a public sewer shall prepare and file with the Village a quarterly report that shall include pertinent data relating to the quantity and characteristics of the waste discharged to the wastewater works.
(2) 
Similarly, each user desiring to make a new connection to a public sewer for the purpose of discharging industrial wastes shall prepare and file with the Village 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 subsection, a request for extension of time may be presented for consideration of the approving authority.
B. 
Agreement required. All industrial sewer utility users are required to enter into a sewer utility use agreement with the Village of Johnson Creek.
C. 
Industrial discharges. If any waters or wastes are discharged or proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 228-56 and which, in the judgment of the Village, may have deleterious effects upon the sewage works, process, equipment, or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the Village may:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) 
Require control over the quantities and rates of discharge.
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
D. 
Control manholes.
(1) 
Each user 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 its wastes, including domestic sewage.
(2) 
Control manholes or access facilities shall be located and built in a manner acceptable to the Village. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Village.
(3) 
Control manholes, access facilities and related equipment shall be installed by the user discharging the waste, at the user's expense, and shall be maintained by the user 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 Village prior to the beginning of construction.
E. 
Waste sampling.
(1) 
Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determinations shall be made by the industry as often as may be deemed necessary by the Village.
(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 Village.
(3) 
Such sampling facilities shall be the responsibility of the user discharging the waste and shall be subject to the approval of the Village. Access to sampling locations shall be granted to the Village's 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.
F. 
Pretreatment. Where required, in the opinion of the Village, to modify or eliminate wastes that are harmful to the structures, processes, or operation of the wastewater treatment facility, the user shall provide, at its own expense, such preliminary treatment or processing facilities as may be determined required to render its wastes acceptable for admission to the public sewers.
G. 
Grease and/or sand interceptors. Grease, oil and sand interceptors shall be required when, in the opinion of the Village, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts 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 Village and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) 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 approving authority. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
H. 
Analyses. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis subject to approval by the Village. Determination of the character and concentration of the industrial wastes shall be made by the user discharging them, or the user's agent, as designated and required by the Village. The Village may also make its own analyses on the wastes, and these determinations shall be used as a basis for charges. If the person discharging the waste contests the Village determination, the Village may elect to have an independent laboratory determine the character and concentration of the waste. Said independent laboratory shall be acceptable to both the Village and the person discharging the waste. All cost incurred by the independent laboratory in making the determination shall be assumed by the discharger.
A. 
Right of entry. The Village, and other duly authorized employees of the Village bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, or testing, all in accordance with the provisions of this article and § 66.0119, Wis. Stats.
B. 
Right to enter easements. The Village, or other duly authorized employees of the Village bearing proper credentials and identification, shall be permitted to enter all private properties through which the Village holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of the easement.
C. 
Acquisition of easements and building sites. The Village shall have the power to purchase, and acquire for the Village, all real and personal property which may be necessary for the construction of the sewer system and for any repair, remodeling, or additions thereto. Whenever any real estate, including any easement therein or use thereof, shall, in the judgment of the Village, be necessary to the sewer system and whenever, for any cause, an agreement for purchase cannot be made with the owners, the Village shall proceed to acquire title to such real estate or to obtain such easement or permit to use by the power of eminent domain, as set out in the Wisconsin Statutes, complying fully with such statutes and, where federal funds are used, with the Uniform Relocation and Real Property Acquisition Act of 1970.
A. 
Authorization required. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Village.
B. 
Cost of sewer connection. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be caused by the installation of the building sewer.
C. 
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 Village, to meet all requirements of this article.
D. 
Materials and methods of construction. The size, slope, alignment and materials of construction of 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 Plumbing Code or other applicable rules and regulations of the Village.[1]
[1]
Editor's Note: See Ch. 112, § 112-4, Plumbing regulations.
E. 
Building sewer 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.
F. 
Storm and ground sewer drains. 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 into a public sanitary sewer.
G. 
Conformance to Plumbing Code. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village.[2] All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Village Engineer before installation.
[2]
Editor's Note: See Ch. 112, Building Codes and Standards.
H. 
Inspection of connection. The applicant for the building sewer permit shall notify the Village Engineer when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Village Engineer or other authorized Village representative.
I. 
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 Village.
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 sewage works. Any person violating this provision shall be subject to the general penalty as stated in § 60-1 of this Code and shall be required to pay the cost of repairing the same.
[Added 3-8-2004 by Ord. No. 05-04[1]; amended 5-26-2009 by Ord. No. 06-09]
A. 
It is the responsibility of individual property owners to install and maintain sewer laterals from the building connection to the Village-provided lateral at the property line. The Village will supply the lateral from the sanitary sewer main to the property line; an exception is where a property owner is allowed to connect directly to the sanitary sewer main.
B. 
It is the responsibility of the Sewer Utility to maintain sewer laterals from the private connection up to and including the connection to the sanitary sewer main.
C. 
The Village retains the right to inspect and require maintenance to be performed to private laterals to ensure the integrity of the Village’s sanitary sewer system.
D. 
The Village Sewer Utility must visually inspect and approve all connections before backfilling any excavations.
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 228-61, Violations and penalties, as § 228-75.
A. 
Normal sewage service charge.
(1) 
There is hereby levied and assessed upon each lot or parcel of land, building or premises having a lateral available to discharge normal sewage to the public sewer system a wastewater service charge based upon rates established by the Village Board of the Village of Johnson Creek.
(2) 
The wastewater service charges taxed or levied pursuant to this article shall be collected by the Village Clerk-Treasurer at the Village Hall. All charges shall be assessed and collected monthly. The Village shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical, and efficient operation, management, and protection of the Village sewer system, the wastewater treatment plant, and the Sewer Utility.
(3) 
If a customer obtains all or any part of his or its water from sources other than the Water Utility, all or any part of which is discharged into the public sewers, the customer shall be required to have a water meter or meters installed for the purpose of determining the volume of water obtained from these other sources. Should the Village determine that the water usage is too small to justify a meter, the Village shall have the authority to waive this requirement, and a flat rate shall be charged based on estimated water usage and the metered rate schedule. The water meters shall be furnished by the Sewer Utility and installed by the customer, who shall bear all costs in connection with the water meter installation. The rate shall be based on the average utility consumption for the classification of service which applies to the customer. All charges shall be assessed and collected monthly.
B. 
Resolution establishing customer charge. The Village Board shall, from time to time, by resolution, or at the option of the Village Board by separate ordinance, establish customer charges. The resolution or ordinance establishing the customer charge shall establish those charges based upon the following:
(1) 
A monthly customer charge per dwelling unit, which charge shall include the costs for operation and maintenance (including but not limited to replacement, debt service, cash reserve and depreciation).
(2) 
A customer charge based upon volume for normal strength wastewaters, which charge shall include costs for operation and maintenance (including but not limited to replacement, debt service, cash reserve and depreciation).
(3) 
Industrial, commercial, and nonresidential customer charges, which shall be based on flow, BOD, suspended solids, and such other constituents which affect the cost of collection and treatment.
C. 
Dwelling unit equivalent rate. The monthly sewer service charge for any lot, parcel of land, building or premises which is connected to the Village's sanitary sewer system may be based upon the number of dwelling units or dwelling unit equivalents (DUE).
(1) 
For residential properties, the normal monthly customer sewer service charge will be billed for each dwelling unit it contains. For example, a duplex will be billed two monthly customer charges, a four-unit apartment building will be billed four monthly customer charges, and an eight-unit building will be billed eight monthly customer charges.
(2) 
For nonresidential properties, the number of dwelling units shall be calculated for each 250 gallons of sewage effluent flow per day. Wastewater generated is considered equivalent to water usage. Therefore, water meter readings will be used to determine sewage effluent flow. For calculation purposes, the peak month of usage during the previous calendar year will be used. The calculation is as follows: peak monthly flow is divided by the number of days in the billing period and the result is divided by 250 gallons per day. The final result is the DUE. The nonresidential customer will be billed the established DUE each monthly billing cycle. The DUE for each nonresidential property will be reviewed annually. Any DUE changes will take effect beginning with the February billing for January discharge each year. The Village reserves the right to estimate peak flow to determine a dwelling unit equivalent rate for new businesses or for businesses for which no prior year information is available or to adjust DUE rates based on sufficient evidence.
D. 
Surcharges.
(1) 
All persons discharging wastes into the public sewers are subject to a surcharge, in addition to any other wastewater service charge, if their wastewater has a concentration greater than normal concentrations. The volume of flow used for computing waste surcharges shall be the metered water consumption, subject to adjustments as otherwise provided herein, or the actual volume of waste, as determined by an industrial waste metering installation. The amount of surcharge shall reflect the cost incurred by the Sewer Utility in removing BOD, suspended solids, and other pertinent constituents.
(2) 
The rates of surcharge for each customer shall be established by the Village Board in the same manner as used by the Village Board in establishing all other customer charges and rates. The rates of any surcharge shall include the cost incurred by the Village for sampling and analyzing industrial wastes, which rates shall be charged to the customer.
(3) 
Where industrial wastes are of such a strength or magnitude or are delivered over such a period of time that the above surcharges do not reflect the actual cost of treatment to the Sewer Utility, the Sewer Utility reserves the right to establish a special charge for handling the waste. That portion of the charge related to capital investment shall be based on the design capacity required for the particular waste. In no event shall the charges be less than those charges determined by applying the above surcharge.
(4) 
In the event the Sewer Utility provides pretreatment of industrial wastes, the entire cost of such pretreatment shall be charged to the person or company producing the industrial wastes. The costs shall include, but not be limited to, capital expenditures, operation and maintenance expenses, labor, chemicals, heat, and power.
Nothing in this article shall prohibit the Village from providing wastewater services to persons outside the corporate limits of the Village of Johnson Creek under mutually agreeable conditions. All sewer users outside of the Village's corporate limits shall be charged a twenty-five-percent surcharge on all sewer service and volume charges.
A. 
Calculation of sewer service charges. Sewer service charges that shall be assessed to Village sewer users shall be computed by the Village according to the rates and formulas presented in this article.
B. 
Sewer service charge billing period. Sewer service charges shall be billed monthly, and billings will coincide with the billing period for the Village's Water Utility.
C. 
Late payment charge. Sewer charges not paid by the first day of the month following the billing date are subject to a late payment charge of 3% of the net billing. A change of ownership or occupancy of the premises found delinquent shall not be cause for reducing or eliminating charges and penalties.
D. 
Nonpayment of sewer charges. Sewer charges shall be a debt due the Village and a lien upon the property. Sewer service charges shall be paid to the Village by the first of the month following the billing date. Any charges not paid by the due date shall be deemed delinquent and may thereafter be collected as provided by law, including but not limited to being placed on the next year's tax roll as a special assessment as provided in § 66.0809, Wis. Stats.
E. 
Reassignment of sewer users. The Village shall reassign sewer users into appropriate sewer service charge categories if wastewater flow monitoring and sampling programs or other related information indicates a change of categories is necessary.
F. 
Charge for toxic pollutants. Any person discharging toxic pollutants which cause an increase in the cost of treatment, or of managing the effluent or sludge from the treatment authority's wastewater treatment facility, shall pay for such increased costs as may be determined by the Village in addition to any forfeiture which may be imposed therefor.
The Village shall conduct an 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.
A. 
Written notice of violation. Any person found to be violating any provision of this article shall be served by the Village with a written notice stating the nature of the violations 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.
B. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a fine, pay the amount to cover damages, both values to be established by the Village.
C. 
Penalties. Any violation of Chapter 228, Articles I, II, III and IV for which a specific penalty is not imposed shall be subject to the penalties provided in § 60-1 of this Code, and in addition to any violation or penalty imposed by § 60-1 of this Code, the utility may seek injunctive and declaratory relief requiring the property owner to comply with the order or directive.
[Amended 11-14-2005 by Ord. No. 19-05]
D. 
Continued violations. Any person, partnership, or corporation, or any officer, agent, or employee thereof, who or which shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, be subject to general penalty provisions of § 60-1 of this Code. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
E. 
Liability to Village for losses. Any person violating any provisions of this article shall become liable to the Village for any expense, loss or damage incurred by reason of such violation which the Village may suffer as a result thereof.