Article IV Sewer Use and Sewer Service Charge

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

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.

§ 225-17 Private wastewater disposal.

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.

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.

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.

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.

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]

§ 225-18 Building sewers and connections.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

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.

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.

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.

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.

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.

Editor's Note: See Ch. 104, Building Construction.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Street excavations.[2]

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.

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.

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.

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.

[2]

Editor's Note: See also Ch. 236, Streets and Sidewalks.

§ 225-19 Use of public sewers.

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.

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.

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.

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:

Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

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.

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.

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.

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:

Wastewater having a temperature higher than 150º F. (65º C.).

Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin.

Wastewater from industrial plants containing floatable oil, fat or grease.

(d)

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)

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)

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)

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)

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)

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)

Materials that exert or cause:

Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facilities.

[2]

Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.

[3]

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]

Excessive discoloration (such as dye wastes and vegetable tanning solutions).

(k)

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.

No person shall cause or permit a discharge into the sanitary sewers which would cause a violation of the municipality's WPDES permit.

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.

§ 225-20 Industrial wastes.

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.

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:

Reject the wastes;

Require pretreatment to an acceptable condition for discharge to the public sewers;

Require control over the quantities and rates of discharge; and/or

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.

Control manholes.

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.

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 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%.

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.

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)

A refrigerated flow proportional sampler shall be furnished, suitable for composite or hourly sampling (24 intervals).

(e)

Plans for the aforementioned facilities shall be prepared by a licensed professional engineer.

(f)

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)

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.

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.

Spill prevention and slug control plans.

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.

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.

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:

Description of discharge practices, including nonroutine batch discharges.

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.

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.

Notification.

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]

The date, time, location and duration of the discharge.

The type of waste, including concentration and volume.

Any corrective actions taken by the user.

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.

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.

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.

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.

Records.

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.

These records shall remain available for a period of at least three years after their collection.

This period shall be extended during any litigation concerning compliance with this article or permit conditions.

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.

Confidential information.

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.

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.

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.

Hazardous waste notification.

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.

All hazardous waste notification shall include:

The name of the hazardous waste, as set forth in 40 CFR 261.

The EPA hazardous waste number.

The type of discharge (continuous, batch or other).

(d)

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.

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:

An identification of the hazardous constituents contained in the waste.

An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month.

An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 225-21 Sewer service charge.

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.

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.

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:

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.

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.

§ 225-22 Calculation of charges.

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.

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.

Category "B" sewer service charge.

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 C^v) + .00834 V (B x C^B + S x C^S + P x C^p)
	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
	C^v =	Cost per 1,000 gallons
	C^B =	Cost per pound of BOD
	C^S =	Cost per pound of SS
	C^P =	Cost per pound of P
	.00834 =	Conversion factor

The above formula shall not be construed to give credits for a waste strength less than domestic concentrations for BOD, SS or P.

Domestic strength wastewater shall be as defined in the current sewer service charge system.

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.

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.

Disposal of septic tank sludge and holding tank sewage.

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.

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.

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.

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.

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.

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.

Fees for industrial monitoring. The Village may adopt charges and fees, which may include the following;

Fees for reimbursement of costs of setting up and operating the wastewater facilities pretreatment program.

Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by the industrial user.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications, including the cost of processing such applications.

Fees for filing appeals.

(6)

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.

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.

§ 225-23 Billing procedure.

Billing periods and payment. Sewer service charges provided in this article shall be payable in accordance with the schedule established by the Village.

Penalties.

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]

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.

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.

Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, have been paid.

§ 225-24 Tax incremental district charge.

Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

(6)

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.

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 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]

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.

§ 225-25 Right of entry; safety and identification.

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]

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.

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]

§ 225-26 Damaging or tampering with facilities.

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.

§ 225-27 Violations and penalties.

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.

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.

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.

Enforcement of industrial provisions.

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.

Civil penalties.

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.