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.
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING INSPECTOR
BUILDING SEWER
COMPATIBLE POLLUTANTS
DEBT SERVICE
DWELLING UNIT EQUIVALENT (DUE)
FLOATABLE OIL
GARBAGE
GROUND GARBAGE
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANTS
INDUSTRIAL USER
INDUSTRIAL WASTES
LATERAL
NATURAL OUTLET
NORMAL DOMESTIC STRENGTH WASTEWATER
OPERATION AND MAINTENANCE COSTS
PARTS PER MILLION
PERSON
pH
PUBLIC SEWER
REPLACEMENT COSTS
RESIDENTIAL CUSTOMER
RESIDENTIAL EQUIVALENT CUSTOMER (REC)
SANITARY SEWAGE
SANITARY SEWER
SEWAGE
SEWER
SEWERAGE SYSTEM
SEWER SERVICE CHARGE
SLUG
STANDARD METHODS
STORM DRAIN (sometimes termed "storm sewer")
STORMWATER RUNOFF
SUSPENDED SOLIDS
TREATMENT AUTHORITY
UNPOLLUTED WATER
USER CHARGE
UTILITY or SEWER UTILITY
VILLAGE
WASTEWATER
WASTEWATER COLLECTION FACILITIES or WASTEWATER COLLECTION SYSTEM
WASTEWATER TREATMENT FACILITY
WATERCOURSE
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
As used in this article, the following terms shall
have the meanings indicated:
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.
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.
The Building Inspector of the Village of Johnson Creek or
said person's appointed assistant, agent, or representative.
The extension from the building drain to the public sewer
or other place of disposal, also called "house connection."
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.
Costs to the Sewer Utility for the retirement of debts incurred
in the provision of wastewater facilities, including both principal
and interest.
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.
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.
The residue from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of food products
and produce.
The residue from the preparation, cooking, and dispensing
of food that has been shredded to such a degree that all particles
will be carried freely in suspension under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2
inch in any dimension.
Any untreated wastewater from holding tanks such as vessels,
chemical toilets, campers, trailers, and vacuum-pump tank trucks.
Wastewater with pollutants that will adversely affect or
disrupt the quality of wastewater treatment if discharged to a wastewater
treatment facility.
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.
Wastes discharged by industrial users.
The extension from the building drain to the public sewer
or other place of disposal.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
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.
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.
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water.
Any individual, firm, company, municipal or private corporation,
association, society, institution, enterprise, governmental agency,
or other entity.
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.
Any publicly owned sewer, storm drain, sanitary sewer, or
combined sewer.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
wastewater collection facilities to maintain the capacity and performance
for which such facilities were designed and constructed. Operation
and maintenance costs shall include replacement costs.
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.
See “dwelling unit equivalent.”
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
The facilities used for the collection, treatment and disposal
of wastewater.
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.
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.
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.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
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."
The Village of Johnson Creek.
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.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation and maintenance costs
of said facilities.
The Johnson Creek Sewer Utility.
The Village of Johnson Creek, Wisconsin. "Village" may also
refer to the Johnson Creek Village Board or an appointed employee
or representative.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater that
may be present.
The equipment required to collect and carry away domestic
and industrial wastewater.
The arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
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]
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.
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.
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.
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.
