[Amended 5-14-2001 by Ord. No. 7-01]
A.Â
APPROVING AUTHORITY
BOD (denoting biochemical oxygen demand)
BUILDING DRAIN
BUILDING SEWER
CATEGORY A
CATEGORY B
CHLORINE REQUIREMENT
COMBINED SEWER
COMMERCIAL AND PUBLIC AUTHORITY CUSTOMERS
COMPATIBLE POLLUTANTS
DEBT CHARGE
EASEMENT
FLOATABLE OIL
GARBAGE
GROUND GARBAGE
INCOMPATIBLE POLLUTANTS
INDUSTRIAL WASTE
INFILTRATION
INFLOW
LICENSED DISPOSER
MUNICIPALITY
NATURAL OUTLET
NITROGEN
NORMAL DOMESTIC STRENGTH WASTEWATER
OPERATION AND MAINTENANCE COSTS
PARTS PER MILLION (ppm) [also milligrams per liter (ml)]
PERSON
pH
PHOSPHORUS (P)
PRETREATMENT
PRIVATE SEWER
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER
REPLACEMENT COST
SANITARY SEWAGE
SANITARY SEWER
SEPTAGE
SEWAGE
SEWER
SEWER SERVICE CHARGE
SLUG
STANDARD METHODS
STORM DRAIN (sometimes termed "storm sewer")
SUSPENDED SOLIDS (SS)
TOTAL KJELDAHL NITROGEN (TKN)
UNPOLLUTED WATER
USER CHARGE SYSTEM
UTILITY
VILLAGE
WASTEWATER
WASTEWATER COLLECTION FACILITIES or WASTEWATER COLLECTION SYSTEM
WASTEWATER FACILITIES
WASTEWATER TREATMENT FACILITY
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
The following definitions shall be applicable to this
article:
The Public Utilities Committee of the Village of Belgium
or its duly authorized deputy, agent or representative.
[Amended 10-11-2010 by Ord. No. 22-10]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in milligrams per liter. Quantitative determination
of BOD shall be made in accordance with procedures set forth in Standard
Methods.
The part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal, also called "house connection."
Those sanitary sewer users who discharge normal domestic
strength wastewater with concentrations of biochemical oxygen demand
(BOD), suspended solids (SS) and phosphorus (P) no greater than the
concentrations identified in the current user charge system.
Those sewer users who discharge wastewater with concentrations
in excess of domestic strength wastewater as identified in the current
user charge system. Users whose wastewater exceeds the concentrations
for any one of these parameters shall be in Category B.
The amount of chlorine, in milligrams per liter (ml), which
must be added to sewage to produce a specified residual chlorine content
in accordance with procedures set forth in Standard Methods.
A sewer intended to receive both wastewater and storm- or
surface water.
Those customers of the Village which are not residential
and do not discharge industrial wastes.
Biochemical oxygen demand (BOD), suspended solids (SS), phosphorus
(P), ammonia, nitrogen, total kjeldahl nitrogen (TKN), pH or fecal
coliform bacteria, plus additional pollutants identified in the Village's
Wisconsin Pollutant Discharge Elimination System (WPDES) permit for
its wastewater treatment facility, provided that such facility is
designed to treat such additional pollutants and, in fact, does remove
such pollutants to a substantial degree.
That charge to customers of the Village which shall, in whole
or in part, defray the costs of retiring the debts incurred in the
construction of any wastewater facilities by the Village.
An acquired legal right for the specific use of land owned
by others.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free from 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, storing and sale of food products and
produce.
Garbage that has been shredded to such a degree that all
particles will be carried freely in suspension under the flow conditions
normally prevailing in public sewers, with no particle greater than 1/2
inch in any dimension.
Wastewater with pollutants that will adversely affect the
wastewater treatment facilities or disrupt the quality of wastewater
treatment if discharged to the wastewater treatment facilities.
Any solid, liquid or gaseous substance discharged or escaping
from any industrial, manufacturing or commercial establishment or
process or from the development, recovery or processing of natural
resources. Such term includes any wastewater that is not sanitary
sewage.
The water unintentionally entering the public sewer system,
including sanitary building drains and sewers, from the ground through
such means as, but not limited to, defective pipes, pipe joints, connections
or manhole walls. Infiltration does not include, and is distinguished
from, inflow.
The water discharged into a sanitary sewer system, including
building drains and sewers, from such sources as, but not limited
to, roof leaders; cellar, yard and area drains; foundation drains;
unpolluted cooling water discharges; drains from springs and swampy
areas; manhole covers; cross-connections from storm sewers; and/or
combined sewers, catch basins, stormwaters, surface runoff, street
wash waters or drainage. Inflow does not include, and is distinguished
from, infiltration.
A person or business holding a valid license to do septage
servicing under Ch. NR 113, Wis. Adm. Code.
The Village of Belgium.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water.
Ammonia nitrogen, expressed in milligrams per liter of NH2N. Quantitative determination of ammonia nitrogen
shall be made in accordance with procedures set forth in Standard
Methods.
Wastewater with concentrations of biochemical oxygen demand
(BOD), suspended solids (SS) and phosphorus (P) no greater than the
concentrations identified in the current user charge system.
All costs incurred in the operation and maintenance of the
Village wastewater treatment facilities. Notwithstanding other accounting
procedures as may be used by the Village for other purposes, in the
context of this article, this class of costs shall be understood to
include equipment replacement costs and shall be understood to exclude
depreciation charges and debt retirement.
A weight to weight ratio. The parts per million value multiplied
by the factor of 8.345 shall be equivalent to pounds per million gallons
of water.
Any and all persons, including any individual, firm, company,
municipality 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 ion, in grams, per
liter of solution. Neutral water, for example, has a pH value of seven
and a hydrogen-ion concentration of 10-7.
The element of that same name, the concentration of which,
in wastewater, is ascertained by the test for total phosphorus and
is expressed in milligrams per liter of P, as defined in the Standard
Methods.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharge in or otherwise introducing
such pollutants into a wastewater system.
A sewer which is not owned by the Village or Utility.
A treatment works, including any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
and industrial waste. The systems include sewers, pipes and equipment
used to convey wastewater to the treatment facility. The term also
includes the municipality that owns and operates the facilities.
A common sewer controlled by a governmental agency or public
utility.
The cost associated with maintaining a fund with sufficient
resources to provide for obtaining and installing the equipment associated
with the Village's wastewater treatment facilities at the end of the
service life of each equipment item.
Shall be considered to be synonymous with "domestic sewage"
and "domestic wastewater" and shall mean any combination of liquid
and water-carried wastes discharged from sanitary plumbing facilities.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions
together with minor quantities of ground-, storm- and surface waters
that are not admitted intentionally.
The wastewater or contents of septic or holding tanks, dosing
chambers, grease interceptors, seepage beds, seepage pits, seepage
trenches, privies or portable rest rooms.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation and maintenance expenses,
debt service costs and other expenses or obligations of said facilities.
Any discharge of water or wastewater that, 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 or flows during normal operation and/or
adversely affects the collection system and/or the performance of
the wastewater treatment facilities.
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.
Expressed in milligrams per liter, the 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 sum of organic nitrogen and ammonia nitrogen.
Water of quality equal to or better than the effluent of
the wastewater treatment facilities 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.
The system of charges levied on users of the wastewater collection
and treatment facilities for payment of operations and maintenance
expenses, debt service costs and other expenses or obligations of
said facilities. The preferred term is "sewer service charge."
The Village of Belgium Sewer Utility.
The Village of Belgium, Ozaukee County, Wisconsin.
The spent water of a community or person. 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 structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
The wastewater collection facility or wastewater treatment
facility, either combined or individually.
An arrangement of devices and structures for treating wastewater
and sludge. Also referred to as "wastewater treatment plant."
Authorizes the Village to discharge wastes to a watercourse,
provided that the treatment of those wastes meets the conditions of
the permit.
B.Â
The word "shall" is mandatory. The word "may" is permissive.
A.Â
Condemnation of real estate. Whenever any real estate
or any easement therein, or use thereof, shall, in the judgment of
the approving authority, 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 approving authority 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
Property Acquisition Policy Act of 1970, where federal funds are used.
B.Â
Construction. The Sewer Utility of the Village 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, street and
public grounds within the Village boundaries and, generally, to do
all such work as may be found necessary or convenient in the management
of the sewer system. The approving authority shall have the power
by itself, its officers, agents and servants to enter upon any land
for the purpose of making examination or supervising in the performance
of its duties under this article, without liability therefor, and
the approving authority shall have the power to purchase and acquire
for the Utility all real and personal property that may be necessary
for construction of the sewer system or for any repair, remodeling
or additions thereto.
C.Â
Extensions of the sewer system. The cost of the installation
of sanitary sewers to be connected to the Utility sewer system shall
be borne by the property owner of the land to be served. All installations
shall be in accordance with Ch. 110, Wis. Adm. Code, and the requirements
of the Village and Utility. Plans and specifications shall be designed
and stamped by a licensed professional engineer and paid for by the
property owner. A written approval obtained from the Utility is required
before construction is initiated.
D.Â
Management, operation and control. The management,
operation and control of the sewer system for the Village is vested
in the approving authority. All records, minutes, all written proceedings
and all the financial records thereof shall be kept by the Utility
Clerk of the Village.
E.Â
Maintenance of services. The owner shall maintain
sewer services from the water curb stop to the house or building,
including all controls between the same, without expense to the Village,
except when they are damaged as a result of negligence or carelessness
on the part of the Village. All sewer services must be maintained
free of defective conditions by and at the expense of the owner or
occupant of the property. Defective conditions must be corrected within
three days of identification of the condition. When any sewer service
is to be relayed 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, unless prior approval
has been provided by the approving authority.
F.Â
Title to real estate and personalty. All property,
real, personal and mixed, acquired for the construction of the sewer
system, and all plans, specifications, diagrams, papers, books and
records collected therewith said sewer system, and all buildings,
machinery and fixtures pertaining thereto, shall be the property of
the Village.
G.Â
User rules and regulations. The user rules, regulations
and sewer rates of the Utility are a part of the contract between
the Utility and every user. Every person who connects to the Utility
sewer system is deemed to have consented to be bound by such rules,
regulations and rates. In the event of violation of the rules and
regulations, the water and/or sewer service to the violating user
shall be shut off. Water and sewer service shall not be reestablished
until all outstanding sewer utility bills, and shutoff and reconnection
charges, are paid in full and until such other terms and conditions
as may be established by the Village are met. In addition to all other
requirements, the Village shall be satisfied that the offender will
not continue in violation of the rules and regulations before authorizing
reconnection of the offender's services. The Village may change the
rules, regulations and sewer rates from time to time, as deemed advisable,
and may make special rates and contracts in all property cases.
H.Â
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 must be notified
verbally or in writing. The owner of the premises shall be liable
for any damages to the property or such damage that may be discovered
having occurred to the property of the system other than through the
fault of the system or its employees, representatives or agents.
[Amended 8-12-2019 by Ord. No.
13-19]
A.Â
It shall be unlawful for any person to place, deposit
or permit to be deposited on public or private property within the
Village or in any area under the jurisdiction of said approving authority
any human excrement, garbage or objectionable waste.
B.Â
It shall be unlawful to discharge to any natural outlet
within the Village or in any area under the jurisdiction of said approving
authority any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this article.
C.Â
Except as herein provided, it shall be unlawful to construct or maintain
any privy, privy vault, septic tank, cesspool or other facility intended
or used for the disposal of wastewater. Portable toilets may be used
only on a temporary basis where permanent toilet facilities connected
to the public sewer are not available, such as construction sites
and public parks and property.
[Amended 8-12-2019 by Ord. No.
13-19]
D.Â
Connection to public sewer.
(1)Â
The owner(s) of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes
situated within the Village and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Village is hereby required, at the owner's expense,
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this article within 10 days after date of official
notice to do so, provided that said public sewer is within 100 feet
(30.5 meters) of the property line.[1]
(2)Â
Upon failure to do so, the Village may cause such
connection to be made and bill the property owner for such costs.
If such costs are not paid within 30 days, such notice shall be assessed
as a special tax lien against the property, all pursuant to § 281.45,
Wis. Stats.
(3)Â
In lieu of the above, the Utility, at its option,
may impose a penalty for the period that the violation continues,
after 10 days' written notice to any owner failing to make a connection
to the sewer system, of an amount equal to 150% of the average residential
charge for sewer service, payable quarterly for the period in which
the failure to connect continues, and upon failure to make such payment
said charge shall be assessed as a special tax lien against the property,
all pursuant to § 281.45, Wis. Stats.
A.Â
Where a public sanitary sewer is not available under
the provisions of this article, the building sewer shall be connected
to a private wastewater disposal system complying with the provisions
of this section.
B.Â
Before commencement of construction of a private wastewater
disposal system, the owner(s) shall first obtain a written permit
signed by the approving authority. The application for such permit
shall be made on a form furnished by the approving authority, which
the applicant shall supplement with any plans, specifications and
other information as are deemed necessary by the approving authority.
A permit and inspection fee shall be paid to the approving authority
at the time the application is filed. The fee shall be established
by the approving authority.
C.Â
A permit for a private wastewater disposal system
shall not become effective until the installation is completed to
the satisfaction of the approving authority. The approving authority
shall be allowed to inspect the work at any stage of construction,
and, in any event, the applicant for the permit shall notify the approving
authority when the work is ready for final inspection and before any
underground portions are covered. The inspection shall be made within
48 hours of receipt of notice of the approving authority.
D.Â
The type, capacities, location and layout of a private
wastewater disposal system shall comply with all requirements and
recommendations of the Department of Commerce of the State of Wisconsin.
No septic tank or cesspool shall be permitted to discharge to any
natural outlet.
E.Â
At such time as a public sewer (as provided in this
article) becomes available to a property served by a private wastewater
disposal system, a direct connection shall be made to the public sewer
within 10 days in compliance with this article, and any septic tanks,
cesspools and similar private wastewater disposal facilities shall
be abandoned in accordance with Ch. COMM 83, Wis. Adm. Code.[1]
F.Â
The owner(s) shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at all times,
at no expense to the approving authority.
A.Â
No authorized person(s) 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 approving
authority. The kind and size of the connection with the sewer system
shall be that specified in the permit or order from the Village.
B.Â
There shall be two classes of building sewer permits, industrial service and nonindustrial service. In the case of industrial service, the owner(s) or its agent(s) shall make application on a special form furnished by the approving authority. In the case of nonindustrial service, the building permit application shall include information pertinent to the builder and a separate sewer permit shall not be required. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the approving authority. A permit and inspection fee shall be paid to the approving authority at the time the application is filed. The fee shall be in the amount as provided by resolution pursuant to Chapter 104, § 104-11 of this Code.
C.Â
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner(s).
The owner(s) shall indemnify the approving authority from any loss
or damage that may directly or indirectly be occasioned by the installation
of the building sewer.
D.Â
A separate and independent building sewer shall be
provided for every building. No user shall allow others or other services
to connect to the sewer system through his or its lateral.
E.Â
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the approving authority, to meet all requirements of this article.
F.Â
The size, slope, alignment, materials of construction
of a building sewer and the methods to be used in excavating, placing
of pipe, jointing, testing and backfilling the trench shall all conform
to the requirements of the Village Building Code and Plumbing Code
or other applicable rules and regulations of the Village.[1] In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the ASTM and WPCF Manual of Practice No. 9 shall apply. The building
sewer shall be installed prior to installation of the building footings.
G.Â
After sewer connections have been completed in a building
or upon any premises, no plumber shall make any alterations, extensions
or attachments unless the party ordering such work shall exhibit the
proper permit.
H.Â
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.Â
Every user shall permit the Village, or its duly authorized
agent, at all reasonable hours of the day, to enter his or its premises
or building to examine the pipes and fixtures and the manner in which
the drains and sewer connections operate, and the user must, at all
times, frankly and without concealment, answer all questions put to
him or it relative to its use.
J.Â
The Village and its agents and employees shall not
be liable for damages occasioned by reason of the breaking, clogging,
stoppage or freezing of any service pipes, nor from any damage arising
from repairing mains, making connections or extensions, or any other
work that may be deemed necessary. The right is hereby reserved to
cut off the water and sewer service at any time for the purpose of
repairs or any other necessary purpose, any permit granted or regulation
to the contrary notwithstanding. Whenever it shall become necessary
to shut off the sewer service within the Village, the Village shall,
if practicable, give notice to each and every affected customer of
the time when such service will be so shut off.
K.Â
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.
L.Â
No person(s) shall make connection of roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or building drain that, in turn,
is connected directly or indirectly to a public sanitary sewer, unless
such connection is approved by the approving authority for purpose
of disposal of polluted surface drainage. All existing downspout or
groundwater drains, etc., connected directly or indirectly to a sanitary
sewer shall be disconnected within 60 days of the date of an official
written notice from the approving authority.
M.Â
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 or the
procedures set forth in appropriate specifications of the ASTM and
WPCF Manual of Practice No. 9. All such connections shall be made
gastight and watertight and verified by proper testing. Any deviation
from the prescribed procedures and materials must be approved by the
approving authority before installation.
N.Â
Pipes shall always be tapped on the top and not within
18 inches (45 centimeters) of the joint, or within 36 inches (90 centimeters)
of another lateral connection.
O.Â
All connections to existing sewer mains shall be made
with a saddle "T" or "Y" fitting, set upon a carefully cut opening
centered in the upper quadrant of the main sewer pipe and securely
strapped on with corrosion-resistant straps or rods or with solvent-welded
joints in the case of plastic pipe.
P.Â
The applicant for the building sewer permit shall
notify the approving authority when the building sewer is ready for
inspection and connection to the public sewer. The connection and
testing shall be made under the supervision of the approving authority
or its representative.
Q.Â
The approving authority shall levy a charge upon connection
of a building sewer to the public sewer. This amount shall be paid
by the person(s) owning the building served by the building sewer.
The amount of this charge shall be established by the approving authority,
subject to concurrence by a resolution of the Village Board.
R.Â
The approving authority shall not grant a connection
to the sanitary sewer unless sufficient capacity for that connection
is available in all of the downstream wastewater facilities. No new
connections to the sanitary sewer will be allowed for areas outside
of the municipality's corporate limits without approval of the approving
authority and the Village Board.
S.Â
Street excavations.[2]
(1)Â
In making excavations in streets or highways for laying
service pipe or making repairs, the paving and earth removed must
be deposited in a manner that will occasion the least inconvenience
to the public.
(2)Â
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)Â
Excavations shall be backfilled in accordance with
the Village Standard Specifications. This work, together with the
replacing of sidewalks, ballast and paving, must be done so as to
make the area as good, at least, as before it was disturbed and satisfactory
to the Village, county and state. No opening of the streets for tapping
the pipes will be permitted when the ground is frozen, except when
necessary.
(4)Â
A permit from the Village or other appropriate governmental
body shall be obtained prior to excavating in any street, alley or
other public way. Such permit shall be obtained and exhibited to the
Plumbing Inspector before a plumbing permit will be issued.
A.Â
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.
B.Â
Inspections. Village personnel will make inspections
throughout the Village for sump pump connections to sanitary sewers
and illegal downspout connections. Violations will be reported to
the approving authority.
C.Â
Storm sewers. Stormwater and all other unpolluted
drainage shall be discharged to such sewers as are specifically designated
as storm sewers or to a natural outlet approved by the approving authority.
Unpolluted industrial cooling water or process waters may be discharged
on approval of the approving authority and other regulatory agencies
to a storm sewer or natural outlet.
D.Â
Prohibitions and limitations. Except as hereinafter
provided, no person shall discharge or cause to be discharged any
of the following described water or wastes to any public sewer:
(1)Â
Gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(2)Â
Water 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 facilities.
(3)Â
Water or wastes having a pH lower than 6.0 or in excess
of 9.0 or having any other corrosive property capable of causing damage
or hazard to structures, equipment and personnel of the wastewater
facilities.
(4)Â
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 facilities,
such as, but not limited to, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
(5)Â
The following described substances, materials, water
or wastes shall be limited in discharges to municipal systems to concentrations
or quantities which will not harm the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
stream or will not otherwise endanger lives, limb or public property
or constitute a nuisance. The approving authority may set limitations
more stringent than the limitations established in the regulations
below if, in its opinion, such limitations are necessary to meet the
above objectives. In forming its opinion as to the acceptability,
the approving authority will give consideration to such factors as
the quantity of subject waste in relation to flows and velocities
in the sewers, materials or construction of the sewers, the wastewater
treatment process employed, the capacity of the wastewater treatment
facilities, the degree of treatability of the waste in the wastewater
treatment facilities and other pertinent factors. The limitations
or restrictions on materials or characteristics of waste or wastewaters
discharged to the sanitary sewer, which shall not be violated without
approval of the approving authority, are as follows:
(a)Â
Wastewater having a temperature higher than
150º F. (65º C.).
(b)Â
Wastewater containing more than 25 milligrams
per liter of petroleum oil, nonbiodegradable cutting oils or product
of mineral oil origin.
(c)Â
Wastewater from industrial plants containing
floatable oil, fat or grease.
(d)Â
Garbage that has not been properly shredded
or any unground garbage. 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)Â
Water or wastes containing iron, chromium, copper,
zinc and similar objectionable, nonconventional or toxic substances
to such degree that any such material received in the composite wastewater
at the wastewater treatment facility exceeds the levels established
by the federal, state and approving authority.
(f)Â
Water or wastes containing odor-producing substances
exceeding limits that may be established by the approving authority
or limits established by any federal or state statute, rule or regulation.
(g)Â
Radioactive wastes or isotopes of such half-life
or concentrations as may exceed limits established by the approving
authority in compliance with state or federal regulations.
(h)Â
Water or wastes containing substances that 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.
(i)Â
Water or wastes that, by interaction with other
water or wastes in the public sewer system, release obnoxious gases,
form suspended solids that interfere with the collection system, or
create a condition deleterious to structures and treatment processes.
(j)Â
Materials that exert or cause:
[1]Â
Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the wastewater treatment facilities.
[2]Â
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
[3]Â
Unusual concentrations of inert suspended solids
(such as fuller's earth, lime slurries and lime residues) or of dissolved
solids (such as, but not limited to, sodium sulfate).
[4]Â
Excessive discoloration (such as dye wastes
and vegetable tanning solutions).
(k)Â
Incompatible pollutants in excess of the allowed
limits as determined by local, state and federal laws and regulations
by the Environmental Protection Agency (EPA), 40 CFR 403, as amended
from time to time.
E.Â
No person shall cause or permit a discharge into the
sanitary sewers which would cause a violation of the municipality's
WPDES permit.
F.Â
Special arrangements. No statement contained in this
article shall be construed as prohibiting any special agreement between
the approving authority and any person whereby a waste of unusual
strength or character may be admitted to the wastewater facilities,
either before or after pretreatment, provided that there is no impairment
of the functioning of the wastewater facilities by reason of the admission
of such wastes and no extra costs are incurred by the approving authority
without recompense by the person, and further provided that all rates
and provisions set forth in this article are recognized and adhered
to.
A.Â
The approving authority may require each person who
discharges or seeks to discharge industrial wastes to a public sewer
to prepare and file with the approving authority, at such times as
it determines, a report that shall include pertinent data relating
to the quantity and characteristics of the wastes discharged to the
wastewater treatment facilities. In the case of a new connection,
the approving authority may require that this report be prepared prior
to making the connection to the public sewers.
B.Â
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 § 225-19D and which, in the judgment of the approving authority, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the approving authority may:
(1)Â
Reject the wastes;
(2)Â
Require pretreatment to an acceptable condition for
discharge to the public sewers;
(3)Â
Require control over the quantities and rates of discharge;
and/or
(4)Â
Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or sewer charges
under the provisions of this article.
C.Â
Control manholes.
(1)Â
Each person discharging industrial wastes into a public
sewer shall, at the discretion of the approving authority, construct
and maintain one or more control manholes or access points to facilitate
observation, measurement and sampling of wastes, including domestic
sewage.
(2)Â
Control manholes or access facilities shall be located
and built in a manner acceptable to the approving authority. If measuring
devices and/or sampling devices are to be permanently installed, they
shall meet the following guidelines:
(a)Â
A minimum six-foot-diameter manhole with steps
and a bench for setting of equipment shall be installed. These manholes
shall have a minimum twenty-four-inch-diameter opening with cast-iron
manhole cover or lockable lid. These sampling manholes shall be located
at least 15 feet downstream of any bends, junctions or manholes. Maximum
slope of upstream pipe shall be 2%.
(b)Â
All manholes shall be installed with flow measuring
devices, such as a Parshall flume, Palmer-Bowlus flume, subsonic flume
or other suitable device, as approved by the approving authority.
An integral staff gauge shall be provided with each unit with measurements
in hundredths of a foot. Flume size and type depend upon flow rates
anticipated and accuracy desired.
(c)Â
A flow metering device shall be provided. The
metering device shall be a bubbler, ultrasonic or subsonic device,
as approved by the approving authority. Flow shall be indicated, totalized
and recorded. A 4-20 mA signal or pulse output proportional to flow
shall be sent to a sampler for flow proportional sampling.
(d)Â
A refrigerated flow proportional sampler shall
be furnished, suitable for composite or hourly sampling (24 intervals).
(e)Â
Plans for the aforementioned facilities shall
be prepared by a licensed professional engineer.
(f)Â
Plans, specifications and hydraulic calculations
shall be submitted to the approving authority. These shall be submitted
to the Village's Engineer for review and approval and shall be approved
by the approving authority prior to the beginning of construction.
The Village's engineering fees shall be paid by the person discharging
the waste prior to the beginning of construction.
(g)Â
Control manholes, access facilities and related
equipment shall be installed by the person(s) discharging the waste,
at his expense, and shall be maintained by him so as to be in safe
condition, accessible and in proper operating condition at all times.
D.Â
Dilution prohibition. No industrial user shall increase
the use of process water or dilute a discharge as a substitute for
adequate treatment to achieve compliance with any pretreatment standard
or requirements.
E.Â
Spill prevention and slug control plans.
(1)Â
Industrial users shall provide protection from accidental
discharge of materials, which may interfere with the wastewater facilities,
by developing a spill prevention plan. Facilities necessary to implement
these plans shall be provided and maintained at the owner's or industrial
user's expense. Spill prevention plans, including the facilities and
the operating procedures, shall be approved by the approving authority
before construction of the facility.
(2)Â
Industrial users that store hazardous substances shall
not contribute to the wastewater facilities after the effective date
of this article unless a spill prevention plan has been approved by
the approving authority. Approval of such plans shall not relieve
the industrial user from complying with all other laws and regulations
governing the use, storage and transportation of hazardous substances.
(3)Â
The POTW shall evaluate each significant industrial
user at least once every two years and other industrial users as necessary
to determine whether such user needs a slug control plan to control
slug discharges. If the approving authority decides that a slug control
plan is needed, the plan shall contain, at a minimum, the following
elements:
(a)Â
Description of discharge practices, including
nonroutine batch discharges.
(b)Â
Procedures for immediately notifying the wastewater
facilities of slug discharges, including any discharge that would
violate a prohibition of this article, with procedures for follow-up
written notification within five days.
(c)Â
If necessary, procedures to prevent adverse
impact from accidental spills, including inspection and maintenance
of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants (including solvents) and/or measures and
equipment for emergency response.
F.Â
Notification.
(1)Â
In the case of any discharge in violation of this
article or permit conditions, and in the case of any discharge that
could cause problems to the wastewater facilities, including any slug
loadings, as defined by this article, the industrial user shall immediately
notify the wastewater facilities or the Village Clerk of the discharge
by telephone. The notification shall include:
[Amended 3-8-2010 by Ord. No. 2-10]
(2)Â
Within five days following such a discharge, the user
shall submit a written report describing the cause of the discharge
and the measures that will be taken by the user to prevent similar
future discharges.
(3)Â
Such notification shall not relieve the user of any
expense, loss, damage or other liability resulting from the discharge,
nor shall such notification relieve the user of any fines, civil penalties
or other liability that may be imposed under this article or other
applicable state or federal law.
(4)Â
Notification of changed discharge. All industrial
users shall promptly notify the Village in advance of any substantial
change in the volume or character of pollutants in their discharge,
including the listed or characteristic hazardous wastes for which
the industrial user has submitted notification under 40 CFR 403.12.
G.Â
Employee training. The industrial user shall permanently
post a notice in a prominent place advising all employees to call
the Village in the event of a dangerous discharge for which notification
is required. Employers shall advise all employees who may cause or
be injured by such a discharge of the emergency notification procedure.
H.Â
Records.
(1)Â
Industrial users shall retain and make available,
upon request of authorized representatives of the Village, the state
or the EPA, all records required to be collected by the user pursuant
to this article or any permit or order issued pursuant to this article.
(2)Â
These records shall remain available for a period
of at least three years after their collection.
(3)Â
This period shall be extended during any litigation
concerning compliance with this article or permit conditions.
I.Â
Analytical requirements. All analyses, including sampling
results submitted in support of any application reports or evidence
or required by any permit or order, shall be performed in accordance
with the techniques prescribed in 40 CFR 136 and amendments thereto
or, if 40 CFR 136 does not contain sampling or analytical techniques
for the pollutant in question, in accordance with procedures approved
by the EPA.
J.Â
Confidential information.
(1)Â
Information and data (other than effluent data) about
a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs, and from inspections shall be available
to the public unless the user specifically requests and is able to
demonstrate to the satisfaction of the Village that the release of
such information would divulge information, processes or methods of
production entitled to protection as trade secrets of the user. Any
such request must be asserted at the time of submission of information
or data. When such a confidentiality claim is asserted, the information
shall be treated as such until a determination is made by the Village.
Effluent data shall be available to the public without restriction.
(2)Â
When the person furnishing the report satisfies the Village that such person has made the demonstration required by Subsection J(1), above, the portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this article, the WPDES permit or the pretreatment program. Confidential portions of a report shall be available for use by the state and EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.
K.Â
Right of entry. Representatives of the Village, the
state and EPA, upon showing proper identification, shall have the
right to enter and inspect the premises of any user which may be subject
to the requirements of this article. Industrial users shall allow
authorized representatives of the Village, state and EPA access to
all premises for the purpose of inspecting, sampling, examining records
or copying records in the performance of their duties. Authorized
representatives of the Village, state and EPA shall have the right
to place on the user's property such devices as are necessary to conduct
sampling and monitoring. Where a user has security or safety measures
in force which would require clearance, training or wearing of special
protective gear, the user shall make necessary arrangements, at its
own expense, to enable authorized representatives of the Village,
state and EPA to enter and inspect the premises, as guaranteed by
this subsection.
L.Â
Hazardous waste notification.
(1)Â
Any industrial user, except as specified in Subsection
I(5) below, which discharges to the wastewater facilities any substance
which, if otherwise disposed of, would be a listed or characterized
hazardous waste under 40 CFR 261 shall notify the Village in writing
of such discharge.
(2)Â
All hazardous waste notification shall include:
(a)Â
The name of the hazardous waste, as set forth
in 40 CFR 261.
(b)Â
The EPA hazardous waste number.
(c)Â
The type of discharge (continuous, batch or
other).
(d)Â
The certification that the user has a program
in place to reduce the volume and toxicity of hazardous wastes generated
to the degree it has determined to be economically practical.
(3)Â
In addition to the information submitted in Subsection
I(2) above, industrial users discharging more than 100 kg of hazardous
waste per calendar month to the wastewater facilities shall obtain,
to the extent such information is known and readily available to the
industrial user:
(a)Â
An identification of the hazardous constituents
contained in the waste.
(b)Â
An estimation of the mass and concentration
of such constituents in the waste stream discharged during that calendar
month.
(c)Â
An estimation of the mass of constituents in
the waste stream expected to be discharged during the following 12
months.
(4)Â
Any notification under this provision needs to be
submitted only once for each hazardous waste discharged, although
notifications of changed discharges must be submitted in accordance
with this article.
(5)Â
Industrial users are exempt from the hazardous waste
notification requirement during a calendar month in which they discharge
15 kg or less of nonacute hazardous wastes. Discharge of any quantity
of acute hazardous waste, as specified in 40 CFR 261.30(d) and 261.33(e),
requires a one-time notification.
M.Â
The volume of flow used for computing sewer service charges shall be the metered water consumption of the person(s), as shown in the records of meter readings maintained by the Village, except as noted in Subsection N below.
N.Â
In the event that a person discharging industrial
waste into the public sewer produces evidence satisfactory to the
approving authority 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 approving authority and the person.
O.Â
Devices for measuring the volume of waste discharged
may be required by the Village, if this volume cannot otherwise be
determined from the metered water consumption records. Metering devices
for determining the volume of waste shall be installed, owned and
maintained by the person. Following approval and installation, such
meters may not be removed without the consent of the Village.
P.Â
Industrial wastes discharged into the public sewers
shall be subject to periodic inspection and a determination of the
character and concentration of said wastes. The determinations shall
be made by the industry as often as may be deemed necessary by the
Village.
(1)Â
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.
(2)Â
Installation, operation and maintenance of the sampling
facilities shall be the responsibility of the person discharging the
waste and shall be subject to the approval of the Village. Access
to sampling locations shall be granted to the Village or its duly
authorized representative(s) 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.
Q.Â
The Village may, at its option, install such structures
and equipment and perform monitoring, sampling and laboratory analysis
called for in this article. In such cases, all structures and equipment
shall be considered a part of the wastewater treatment facilities,
and the costs of construction, operation and maintenance of the same
shall be incorporated in the service charge of the industrial user
as outlined in the current user charge system.
R.Â
When, in the opinion of the Village and in accordance
with 40 CFR 128 and other applicable state and federal regulations,
pretreatment is required to modify or eliminate wastes that are harmful
to the structures, processes or operation of the wastewater treatment
facilities, the person(s) shall provide, at his expense, such preliminary
treatment or processing facilities as may be determined required to
render his wastes acceptable for admission to the public sewers.
S.Â
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Village, they are necessary for the proper
handling of liquid wastes containing floatable grease in amounts in
excess of those specified in this article, or any flammable wastes,
sands 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 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 Village.
Any removal and handling of the collected materials not performed
by the owner's personnel must be performed by currently licensed waste
disposal firms in accordance with currently acceptable Wisconsin Department
of Natural Resources (DNR) rules and regulations.
T.Â
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with 40 CFR 136 and in accordance with
the latest edition of Standard Methods. Sampling methods, location,
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 person
discharging them or his agent, as designated and required by the Village.
The Village may also make its own analysis on the wastes, and these
determinations shall be binding on a basis for treatment service charges.
U.Â
Plans, specifications and any other pertinent information
relating to proposed flow equalization, pretreatment or processing
facilities shall be submitted for review and approval of the Village
prior to the start of construction, if the effluent from such facilities
is to be discharged into the public sewers.
A.Â
Basis for sewer service charges. The approving authority
shall have the authority to establish and collect a sewer service
charge for the use of the public sewers maintained by the Village,
subject to concurrence by a resolution of the Village Board.
B.Â
Sewer users served by water utility meters. There
is hereby levied and assessed upon each lot, parcel of land, building
or premises having a connection with the wastewater collection system
and being served with water solely by the Water Utility a sewer service
charge based, in part, on the quantity of water used, as measured
by the Water Utility water meter used upon the premises.
C.Â
Deduct meters. If a user feels that a significant
amount of metered water does not reach the sanitary sewer, the user
may avail themselves of one of the following options:
(1)Â
The user may request the Village to have such additional
meters or metered services installed as are necessary to calculate
the volume of water not discharged to the sanitary sewer (i.e., a
deduct meter) or he may request the Village to have a meter installed
to measure the actual amount of sewage discharged to the sanitary
sewer (i.e., a sewage meter). Requests for a second meter or metered
services must be made in writing to the Village. In the event the
Village agrees to such installations, the customer shall be charged
all costs attendant thereto, including but not limited to a meter
yoke for each meter (to be installed by a licensed plumber), meter
rental (the meter will be owned by the Village and subject to access
and inspection by Village personnel at all reasonable times) in an
amount set annually by the Village, remote reading devices(s), if
necessary, and labor and miscellaneous parts and supplies. No provision
shall be made, nor shall any means be taken, to route water from any
deduct meter to the customer's general distribution system. In addition
to the general penalties set forth in this article, any violation
of this subsection will result in nullification of the deduct readings
and removal of the deduct meter.
(2)Â
In the event it is physically impractical or impossible
to install metering equipment, the user may request the Village to
take such means as it deems necessary to formulate an estimate of
the amount of water not being discharged into the sanitary sewerage
system or, conversely, the amount of actual sewage discharged thereto.
A.Â
Sewer service charge unit costs. The unit costs for
the sewer service charge shall be defined in the current sewer service
charge system/user charge system.
B.Â
Category "A" sewer service charge. The sewer service
charge for Category "A" sewer users with normal domestic strength
wastewater shall be as defined in the current sewer service charge
system/user charge system.
C.Â
Category "B" sewer service charge.
(1)Â
The sewer service charge for Category "B" sewer users
shall be as defined in the current sewer service charge system/user
charge system. The Category "B" sewer service charge shall be computed
in accordance with the formula presented below:
T = FQ + (V x Cv)
+ .00834 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
in excess of domestic strength
| |
S =
|
Concentration of SS in mg/l in the wastewater
in excess of domestic strength
| |
P =
|
Concentration of NH3N in mg/l in the wastewater in excess of domestic strength
| |
V =
|
Wastewater volume in 1,000 gallons
| |
Cv =
|
Cost per 1,000 gallons
| |
CB =
|
Cost per pound of BOD
| |
CS =
|
Cost per pound of SS
| |
CP =
|
Cost per pound of P
| |
.00834 =
|
Conversion factor
|
(2)Â
The above formula shall not be construed to give credits
for a waste strength less than domestic concentrations for BOD, SS
or P.
(3)Â
Domestic strength wastewater shall be as defined in
the current sewer service charge system.
D.Â
Reassignment of sewer users. The Village will reassign
sewer users into appropriate sewer service charge categories if wastewater
sampling programs or other related information indicates a change
of categories is necessary.
E.Â
Operation and maintenance, replacement fund and debt
retirement accounts. All sewer service charge revenues collected for
replacement costs shall be deposited in a separate and distinct fund
to be used solely for replacement costs. All sewer service charge
revenues collected for other operation and maintenance expenses shall
be deposited in a separate and distinct fund to be used solely for
operation and maintenance of the wastewater facilities. All sewer
service charge revenues collected for debt retirement shall be deposited
in a separate and distinct fund to be used solely for debt retirement.
F.Â
Disposal of septic tank sludge and holding tank sewage.
(1)Â
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 Village. Written application for
this permit shall be made to the Village and shall state the name
and address of the applicant, the number of disposal units, and the
make, model and license number of each unit. Permits shall be nontransferable,
except in the case of replacement of the disposal unit for which a
permit shall have been originally issued. The permit may be obtained
upon payment of a fee per calendar year. The amount of the annual
fee shall be as established by the Village Board. The time and place
of disposal will be designated by the Village. The Village may impose
such conditions as it deems necessary on any permit granted.
(2)Â
Any person or party disposing of septic tank sludge
or holding tank sewage agrees to carry public liability insurance
in an amount as established by the Village 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 force and effect.
(3)Â
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 municipality 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 solid material to pass into any
part of the wastewater treatment facilities. Waste disposed of into
the treatment system may be periodically sampled and analyzed to determine
the composition of the material.
(4)Â
Persons with a permit for disposing of septic tank
sludge and/or holding tank sewage into the wastewater treatment facilities
shall be charged a handling charge and a volume charge, as defined
in the current sewer service charge system, which charges shall be
established by resolution of the Village Board.
(5)Â
The person(s) disposing wastes agrees to indemnify
and hold harmless the municipality from any and all liability and
claims for damages arising out of or resulting from work and labor
performed.
G.Â
Charge for toxic pollutants. Any person discharging
toxic pollutants which cause an increase in the cost of managing the
effluent or sludge from the municipality's wastewater treatment facility
shall pay for such increased costs, as may be determined by the Village.
H.Â
Fees for industrial monitoring. The Village may adopt
charges and fees, which may include the following;
(1)Â
Fees for reimbursement of costs of setting up and
operating the wastewater facilities pretreatment program.
(2)Â
Fees for monitoring, inspection and surveillance procedures,
including the cost of reviewing monitoring reports submitted by the
industrial user.
(3)Â
Fees for reviewing accidental discharge procedures
and construction.
(4)Â
Fees for permit applications, including the cost of
processing such applications.
(5)Â
Fees for filing appeals.
(6)Â
Other fees as the Village may deem necessary to carry
out the requirements contained herein. These fees relate solely to
the matters covered by this article and are separate from all other
fees chargeable by the Village.
I.Â
Unique users. The Village may, at any time hereafter,
establish additional rates for any large commercial service, industrial
use or any other unique user that does not readily fit into other
user categories.
A.Â
Billing periods and payment. Sewer service charges
provided in this article shall be payable in accordance with the schedule
established by the Village.
B.Â
Penalties.
(1)Â
Such charges levied in accordance with this article shall be a debt
due to the Village and shall be a lien upon the property. If this
debt is not paid within 20 days of the date of the bill, a charge
of 1% per month shall be added to the delinquent bills. Thereafter,
if payment is not received by November 15 of the calendar year, the
delinquent bill will be forwarded to the county for placement on the
succeeding tax roll and be subject to such additional penalty as allowed
under state statute.
[Amended 6-11-2007 by Ord. No.
21-07; 8-12-2019 by Ord. No. 13-19]
(2)Â
In the event of failure to pay sewer service charges
after they become delinquent, the Village shall have the right to
remove or close sewer connections and enter upon the property for
accomplishing such purposes.
(3)Â
The expense of such removal or closing, as well as
the expense of restoring service, shall likewise be a debt to the
Village and a lien upon the property and may be recovered by civil
action in the name of the Village against the property owner, the
person or both.
(4)Â
Sewer service shall not be restored until all charges,
including the expense of removal, closing and restoration, have been
paid.
(5)Â
Change of ownership or occupancy of premises found
delinquent shall not be cause for reducing or eliminating these penalties.
(6)Â
Reasonable care will be exercised in the proper delivery
of sewer bills. Failure to receive a sewer bill, however, shall not
relieve any person of the responsibility for payment of sewer rates
within the prescribed period nor exempt any person from any penalty
imposed for delinquency in the payment thereof.
C.Â
Notification. At least once annually, each user shall
be notified of the rate being charged for wastewater treatment service.
The notification shall occur in conjunction with a regular bill.
A.Â
A tax incremental district charge is hereby imposed
upon the Village for the costs of the sewer system which are allocable
to improvements undertaken within a tax incremental district of the
Village. At or before the first Village Board meeting in October of
every year, the Village Clerk shall compute the charge. The charge
shall be computed by calculating an amount equal to the annual debt
service on the tax incremental district share of all outstanding sewer
utility borrowings.
[Amended 3-8-2010 by Ord. No. 2-10]
B.Â
The tax incremental district charge shall be billed
to the Village on October 1 of each year for all obligations due during
the subsequent year. The payment shall be due within 180 days of billing.
A.Â
Right of entry. The Village Engineer, Wastewater Superintendent,
Plumbing Inspector or other duly authorized employees of the Village,
bearing proper credentials and identification, shall be permitted
to enter all properties for the purpose of investigations required
to carry out the provisions of this article and § 196.171,
Wis. Stats. They shall have no authority to inquire into any process
beyond that point having a direct bearing on the kind and source of
discharge to the sewers, waterways or facilities for wastewater treatment.
[Amended 1-12-2004 by Ord. No. 3-04]
B.Â
Safety. While performing the necessary work on private premises in Subsection A, Village employees shall observe all safety rules applicable to the premises established by the owner or occupant.
C.Â
Identification; right to enter easements. The Village
Engineer, Wastewater Superintendent and 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 a duly negotiated easement for the purpose of, but not limited
to, inspection, observation, measurement, sampling, repair and maintenance
of any portion of the wastewater facilities lying within said easement,
all subject to the terms, if any, of the agreement.
[Amended 1-12-2004 by Ord. No. 3-04]
No 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 wastewater treatment
facilities. Any persons violating this provision shall be subject
to immediate arrest.
A.Â
Written notice of violation. Any person found to be violating any provision of this article, except § 225-23B, shall be served by the approving authority 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.
B.Â
Accidental discharge. Any person found to be responsible
for accidentally allowing a deleterious discharge into the sewer system
which causes damage to the wastewater treatment facilities and/or
receiving body of water shall, in addition to a fine, pay the amount
to cover damages as established by the approving authority.
C.Â
Liability to village for losses. Any person(s) violating
any provisions of this article shall, in addition to any penalty or
fine that may be assessed against him, become liable to the approving
authority for any expense, loss or damage occasioned by reason of
such violation which the approving authority may suffer as a result
thereof.
D.Â
Enforcement of industrial provisions.
(1)Â
Notification of violation. Whenever the POTW finds
that any industrial user has violated or is violating this article,
or a wastewater permit or order issued hereunder, the approving authority
or its agent may serve upon said user written notice of the violation.
Within 10 days of the receipt date of this notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
to the approving authority. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the notice of violation.
(2)Â
Civil penalties.
(a)Â
Any user who has violated or continues to violate
this article, or any order or permit issued hereunder, shall be liable
to the POTW for a civil penalty of not more than $1,000, plus actual
damages incurred by the POTW, per violation per day for as long as
the violation continues. In addition to the above-described penalty
and damages, the POTW may recover reasonable attorney fees, court
costs and other expenses associated with the enforcement activities,
including sampling, monitoring and analysis expenses.
(b)Â
The approving authority shall petition the court
to impose, assess and recover such sums. In determining the amount
of liability, the court shall take into account all relevant circumstances,
including but not limited to the extent of harm caused by the violation,
the magnitude and duration, any economic benefit gained through the
industrial user's violation, corrective actions by the industrial
user, the compliance history of the user, and any other factor as
justice requires.
E.Â
Differences of opinion. The Board of Trustees of the
Village shall arbitrate differences between the approving authority
and sewer users on matters concerning interpretation and execution
of the provision of this article.
A.Â
Annual audit of general account. The approving authority
shall conduct an annual audit, the purpose of which shall be to maintain
the proportionality and adequacy of the sewer service charge relative
to changing system operation, maintenance and debt service costs.
B.Â
If the results of the audit referenced in Subsection A indicate that proportionality and adequacy of rates are not being maintained, the approving authority shall make changes necessary to maintain proportionality and adequacy. The approving authority shall also make those changes necessary to apply excess revenues from a customer class to that class's rates whenever that excess is greater than what is reasonable.
Any user, permit applicant or permit holder
affected by a decision, action or determination, including cease and
desist orders, made by the approving authority interpreting or implementing
the provisions of this article or in any permit issued herein may
file with the approving authority 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 approving authority shall render a decision on
the request for reconsideration to the user, permit applicant or permit
holder in writing within 15 days of receipt of request. If the ruling
on the request for reconsideration made by the approving authority
is unsatisfactory, the person requesting reconstruction may, within
10 days after notification of the action, file a written appeal with
the Village Board. The written appeal shall be heard by the Village
Board within 30 days from the date of filing. The Village Board shall
make a final ruling on the appeal within 10 days from the date of
hearing.