[HISTORY: Adopted by the Village Board of the Village of Black Earth 5-1-1990 by Ord. No. 90-O-7 as Ch. 7 of the 1990 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 113.
Health and sanitation — See Ch. 160.
Nuisances — See Ch. 190.
Streets and sidewalks — See Ch. 236.
Water Utility — See Ch. 261.
Subdivision of land — See Ch. 295.
The Village of Black Earth has entered into an intergovernmental agreement to establish the Dane-Iowa Wastewater Commission ("Commission"). The Village of Black Earth hereby incorporates by reference the Commission Agreement and any amendments thereto. To the extent this chapter is inconsistent with the Commission Agreement, the terms of the Commission Agreement shall control.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Consumers attaching to a main of the Village Sewer Utility shall pay a connection charge as listed in Schedule A of this chapter,[2] plus the full cost of the lateral from the sewer main to the building being connected. Where the lateral to the lot line has heretofore been laid by the Village, the attaching consumer shall pay $2 per foot for the previously installed lateral to be used plus the full cost of the additional extension plus the connection charge.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Schedule A is on file at the Village Clerk-Treasurer's office.
The Village Sewer Utility shall extend sewer mains to a new consumer or consumers in accordance with the charges and conditions set forth hereafter.
A. 
Application. Application for extension of a sewer main shall be made by the prospective customer to the Village Board by filing a written application for the same with the Village Clerk-Treasurer.
B. 
Determinations by Village Board. Upon receipt of an application for sewer extension, the Village Board shall first determine the logical location of the next manhole or manholes. The Village Board shall then determine the length and location of the extension, taking into consideration the future prospective demands for service and the orderly development of the particular area. No extension shall be made for a distance less than to the next manhole.
C. 
Allocation of cost. The consumer or consumers who request the extension shall pay the entire cost of such extension, including the manhole or manholes that are part of the extension. As an exception to this requirement, if there is a lift station or lift stations required, force main or any other unusual conditions or costs, the Village Board shall consider such items separately. If the Board concludes that these special items are for the benefit for the applying consumer or consumers, then the Village Board may include the total cost of such items as a part of the cost of the extension. If the Village Board concludes that other areas will also benefit, the Board may provide that the Village absorb a portion of the cost. In addition, if the Village Board concludes that such special items involve a cost which makes it prohibitive for the applying consumer or consumers, the Board may decide to assume all or part of the cost of the special items even though said Board does not conclude that there is a benefit or a potential benefit to some other area.
D. 
Determination of benefits to parcels to be served.
(1) 
After making the decision on length and location of the extension, and prior to the time of making the charge to the consumer or consumers, the Village Board shall determine the benefits to be received by any parcel that can be served by said extension.
(2) 
Before making a determination as to the benefits received, said Board shall first divide the area to be served into logical building lots. The Board may consider the recommendations of the landowner in determining said building lots, if the landowner submits with his or her application a proposed division of said land into lots for sale or use.
(3) 
In determining the amount to be paid by the original consumers, if more than one consumer is involved, the division of the charge shall be made by considering each building lot owned by one of the original applicants as a separate consumer. Such payments are to be considered contributions to the construction, and after the original contribution and any future connection by a consumer other than to a lot owned by a party making a previous contribution, such consumer shall be required to pay to the Village the prorated share of the lot or lots owned by the new attaching customer in the entire extension cost as if said consumer had been one of the original contributors. When the Village receives a future contribution, it shall, after receiving the money, pay said money to the previous contributors by paying to each of the previous contributing lot owners as a separate contributor.
(4) 
The right to contribution shall follow the land and not the contributor and the reimbursement shall go to the person who is the owner of the receiving lot at the time of the reimbursement. If a contributor owns more than one lot at the time of contribution, he or she shall be required to designate one of the lots as the lot entitled to contribution, and the owner of such a lot at the time of any contribution shall receive the reimbursement for all of the lots owned by the original contributor at the time of the original contribution. Such lot designation shall be filed with the Village Clerk-Treasurer and may be filed in the office of the Register of Deeds for Dane County, Wisconsin. The owner of such designated lot may, by filing a corrective designation, change such designation to another lot owned by him or her as long as such new lot is one of the lots to be served by the original extension.
(5) 
The total amount of reimbursement that any contributor may receive shall be the total payment made by the contributor less the benefits conferred upon the lot or lots owned by the contributor at the time of the contribution.
(6) 
After a period of 20 years from the original construction or contribution of sewer main there shall be no refunding as to said sewer main.
E. 
New subdivisions. The foregoing provisions shall not apply to extensions that are made to any subdivisions containing five lots or more which are platted after the effective date of this chapter. For all such extensions, the Village Board shall make a determination of the amount to be paid by the owners of the lots under the procedures set forth in § 66.0701 or 66.0703, Wis. Stats.
A. 
Sewer service charges. A sewer service charge is hereby imposed upon each lot, parcel of land, building, or premises served by the Black Earth Municipal Sewer Utility. Such service charge shall be imposed and made payable as hereinafter provided and in an amount determinable as set forth in this section below.[1]
(1) 
Billed monthly. Sewer service charges shall be computed and billed monthly for the corresponding period used by the Black Earth Water Utility in assessing charges.
(2) 
Calculation of charges. The sewer service charge for any lot, parcel of land, building or premises within the corporate limits, and for any lot, parcel of land, building, or premises outside the corporate limits which is connected to the sanitary sewer system, shall be based upon the quantity of water used for the corresponding monthly period as metered by the Black Earth Municipal Water Utility for water furnished said property by said Water Utility and shall be computed in accordance with Schedule B of this chapter.[2]
[2]
Editor's Note: Schedule B is on file at the Village Clerk-Treasurer's office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Metered service. If a portion of the water furnished to a sewer user is not discharged to the sewage system, the amount of such water shall be deducted in computing the charge for sewer services, provided that a separate meter is installed to measure the volume of water discharged. The user shall, at his, her or its own expense, make necessary changes in the water piping and provide couplings so that a meter can be installed.
C. 
Billing. Bills for sewer service are rendered monthly and become due and payable upon issuance following the period for which service is rendered. A late payment charge of 1% per month will be added to bills not paid within 20 days of issuance. This late payment charge will be applied to the total unpaid balance for Utility service, including unpaid late payment charges. This late payment charge is applicable to all customers. The Utility customer may be given a written notice that the bill is overdue no sooner than 20 days after the bill is issued. Unless payment or satisfactory arrangement for payment is made within the next 10 days, service may be disconnected pursuant to Ch. PSC 185, Wis. Adm. Code.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Charges and liens. Delinquent sewer service charges shall be collected and taxed against the property served under the provisions of § 66.0821, Wis. Stats., as from time to time amended or recreated. Charges shall be a lien on the property served, and arrearages shall be placed on the next succeeding tax roll for collection in the manner provided for in § 66.0821, Wis. Stats.[4]
[4]
Editor's Note: Original § 7.03(5), Sewer Utility Sinking Fund, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
General.
[Amended 11-6-1991 by Ord. No. 91-O-3]
(1) 
Unpolluted waters not to be discharged to sanitary sewer. No person(s) shall discharge or cause to be discharged any unpolluted waters, such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water, to any sanitary sewer of the Village Sewer Utility.
(2) 
Nuisance declared. Discharges prohibited by Subsection A(1) are hereby declared to be public nuisances subject to abatement in accordance with Chapter 190, Nuisances, § 190-5 of this Code. Costs of abatement will be assessed to the property served as a charge for special services pursuant to § 66.0627, Wis. Stats.
(3) 
Transfer inspections. No person shall transfer by sale or lease any property within the Village of Black Earth served by the Village sanitary sewage system without first obtaining an inspection by a licensed plumber or the Village Building Inspector certifying that no violation of Subsection A(1) exists.
(4) 
Penalties cumulative. The penalty and remedies set forth in this Subsection A and § 221-8 are cumulative, and collection of a forfeiture under § 221-8 does not preclude assessment of the cost of abatement or additional sewer service charges under this section or § 221-8.
B. 
Other prohibitions against discharge. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer of the Village:
(1) 
Any gasoline, benzene, naphtha, fuel oil, lubricating oil or other flammable or explosive liquid, solid or gas or other substances which may cause fire or explosion hazards.
(2) 
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or upon interaction with other wastes, which will injure or interfere with any waste treatment process, constitute a hazard to animals or humans, or create a public nuisance in the sewage treatment plant and facilities.
(3) 
Any waters or wastes having a pH lower than six or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage treatment facility.
(4) 
Solid substances in quantities or of such size as to be capable of causing obstruction to the flow in 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.
C. 
Discharge limitations. No person shall discharge or cause to be discharged the following specifically described substances, materials, fluids or solids which may harm sanitary sewers, sewage treatment works and equipment or may otherwise endanger life, limb, or public property or constitute a nuisance without the specific written permission of the Village Board. The substances prohibited are:
(1) 
Wastewater having a temperature higher than 150° F.
(2) 
Wastewater from industrial plants containing floatable oils, fat or grease.
(3) 
Any garbage that has not been properly shredded.
(4) 
Any radioactive waste or isotopes of such half-life or concentration as may exceed proper limits and be harmful to the general public.
(5) 
Any water or waste which, by interaction with other water or waste in the public sewer system, releases noxious gases, forms suspended solids which interfere with the collection system, or creates a condition deleterious to structures and treatment processes.
D. 
Pretreatment and measuring devices. Where required, in the opinion of the Village authorities, to modify or eliminate wastes that are harmful to the structures, processes, or operation of the sewage treatment facility, the user shall provide, at his expense, such preliminary treatment or processing facilities which may be required to render his waste acceptable for admission to the public sewage system. The Village Board may require any user to place in a sewerage meter if said user is using water other than by service from the Village Water Utility. The Village Board may also require any user coming under the provisions of the Category B, as set forth in § 221-4A(2), to pay for and install proper facilities to measure the biochemical oxygen demand and the suspended solids.
Any customer or user whose service is disconnected for nonpayment of bills or whose service was temporarily disconnected upon request of the customer or user shall be required to pay a charge established by the Village Board before service will be restored during regular working hours of the Village. The charge for connecting a service on weekends or at times other than the regular working day of the Village shall be 2 1/2 times the basic weekday charge. Such charges shall be in addition to the charges imposed under Chapter 261, Water Utility, § 261-12 for reconnection of water service.
[Added 9-1-1998 by Ord. No. 98-O-9]
A. 
Discharge prohibited. No person shall cause, allow or permit any roof drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump, or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining, or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.
B. 
Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining, or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the Village and to the protection of property.
C. 
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipes, sump pumps, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either into a storm sewer, a dry well, an aboveground or underground conduit leading to an existing drainage ditch or onto the ground surface to a drainage easement of record. Except as provided above, the point of discharge location of any groundwater or stormwater shall not be closer than 10 feet to any property line, except to roadside ditches not having curb and gutter or sidewalk and to rear and side yard recorded drainage easements. In addition, any such discharge that constitutes a nuisance, as determined by the Plumbing Inspector, shall be abated.
D. 
Storm sewer lateral. Where municipal storm sewers are provided, a storm sewer lateral may be installed and connected to the storm sewer main at the expense of the owner. Such lateral shall be installed if necessary to abate a nuisance.
E. 
Conducting tests. If the Director of Public Works or his designated agent suspects an illegal clear water discharge, as defined by this section or any applicable provision of the State of Wisconsin Statutes, he may, upon reasonable notice and at reasonable times, enter the private premises. At least once every 12 months the Utility will make a systematic inspection of all sump pumps for the purpose of checking for illegal clear water discharge into the sanitary sewer. If entry is refused, he may seek and obtain a court order authorizing entry.
F. 
The Village will immediately investigate complaints and take whatever appropriate action that may be necessary.
G. 
Violations of this policy will not be tolerated and may result in fines.
A. 
Written notice of violation. Any person found to be violating any provision of this chapter shall be served by the Village with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The person shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Liability for losses. Any person violating any provisions of this chapter shall be liable to the Village for any expense, loss or damage occasioned by reason of such violation which the Village may suffer as a result thereof. Violators shall also be subject to a quarterly surcharge of 25% on all sewer bills from the quarter of adoption of this amendment (November 6, 1991) until the end of the quarter in which a certification by a licensed plumber or the Village Building Inspector that the violation has been corrected is filed in the Village office with the Village Clerk-Treasurer.
[Amended 11-6-1991 by Ord. No. 91-O-3]
C. 
Penalty. The penalty for violations of any provisions of this chapter shall be the penalty imposed by Chapter 1, General Provisions, § 1-4 of this Code.