City of Burlington, WI Article I General Provisions

§ 259-1 Purpose and policy.

A. Generally. This chapter sets forth uniform requirements for the various users of the City's wastewater collection and treatment system and enables the City to comply with administrative provisions and discharge criteria which may be required or authorized by the State of Wisconsin or federal laws.

B. Objectives. The objectives of this chapter are to:

(1) Regulate the use of sewers and drains connected to the City sewerage system and to regulate the discharge of septage, water and waste into the City sewerage system.

(2) Prevent the introduction of pollutants into the City's sewerage system that will interfere with the operation of the system or contaminate the resulting sludge.

(3) Prevent the introduction of pollutants into the City's sewerage system that will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

(4) Improve the opportunity to recycle and reclaim wastewater and sludge from the system.

(5) Ensure that new sewers and connections to the City's sewerage system are properly designed and constructed.

(6) Establish and provide for a means of levying and collecting sewer service charges in such amounts as to obtain sufficient revenues to pay operation, maintenance and capital cost of the City's wastewater collection and treatment system.

(7) Provide for a revenue collection system which results in an equitable allocation of all costs relating to the wastewater collection and treatment system.

C. Management.

(1) The operation, management and control of the Sewer Utility is vested in the Common Council under the provisions of § 66.0805, Wis. Stats.

(2) Except as otherwise provided, the Utility Manager of the Wastewater Treatment Plant shall administer, implement and enforce the provisions of this chapter.

(3) The rules, regulations and rates hereinafter set forth shall be considered part of the regulations applicable to every individual or entity connected to the sewerage system and all persons discharging wastes to the sewerage system. Such rules, regulations and rates may be changed from time to time as determined by the Common Council, and the right is reserved to make special rates and contracts in all proper cases.

(4) The City shall establish and maintain a financial management system that accounts for all revenues and all expenditures relating to the sewerage system.

(5) The Common Council shall cause an annual audit of the books of the Sewer Utility to be made and shall make the books and records relating to the Sewer Utility available for inspection during regular business hours.

(6) The Sewer Utility shall be able to utilize the full authority provided in § 66.0821, Wis. Stats., with respect to financing methods, sewerage service charges, and other matters therein dealt with and shall have all legal authority permitted for municipal utilities to charge reasonable rates for services.

§ 259-2 Definitions and word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

ACCIDENTAL DISCHARGE

A user's unintentional discharge of wastewater containing pollutants not normally discharged by that user resulting from a spill, mechanical malfunction, human error or other similar occurrence typically not part of the normal operating procedures of the user.

ACT

The Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended, also known as the "Clean Water Act," as well as:

(1) Any applicable guideline, limitation or standard promulgated by the EPA pursuant to that federal law; and

(2) Any law or rule adopted by the State of Wisconsin, including Ch. 281, Wis. Stats., and its corresponding rules, to implement the federal law and EPA adopted rules.

AMMONIA NITROGEN (NH3-N)

One of the oxidation states of nitrogen in which nitrogen is combined with hydrogen in molecular form as NH4. Quantitative determination of ammonia nitrogen shall be made in accordance with the procedures set forth in Standard Methods, unless a different test procedure is required by either state or federal law or regulations.

BOD (biochemical oxygen demand)

The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20º C., expressed as milligram per liter (mg/l). Quantitative determination of BOD shall be made in accordance with the procedures set forth in Standard Methods, unless a different test procedure is required by either federal or state law or regulation.

BROWN'S LAKE

Brown's Lake Sanitary District in Racine County, Wisconsin.

BUILDING

Any building, structure, facility, or installation used for either residential, commercial, public, institutional or industrial purposes.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the connection sewer, beginning four feet outside the foundation walls of any building.

CAPITAL COST CHARGE

The part of charges levied against users of the City's sewerage system that recovers the cost of construction, reconstruction, improvement, or extension of the system.

CATEGORICAL PRETREATMENT STANDARD

Any standard established by the EPA or the DNR specifying quantities or concentrations of pollutants or pollutant properties that may be discharged to the City's sewerage system by existing or new industrial users in specific industrial categories or subcategories.

CITY

The City of Burlington, Wisconsin, or the Common Council or its delegated representative.

CITY'S HOLDING TANK SERVICE AREA

The entire territory within, but not limited to, the City's planning area.

CITY'S PLANNING AREA

The area delineated in map form by the City's October 2005 Wastewater Facilities Plan, prepared by Applied Technologies, Inc., as the planning area of the City. The City's planning area may, as needed, be modified from time to time.

[Amended 11-19-2013 by Ord. No. 1973(7)]

CITY'S SEWER SERVICE AREA

The most recent Burlington Sanitary Sewer Service Area approved by the Southeastern Wisconsin Regional Planning Commission, on file in the Clerk's office.

[Amended 11-18-2003 by Ord. No. 1740(20)]

COMBINED SEWER

A sewer designed to receive or receiving both wastewater and storm or surface water.

COMMON COUNCIL or COUNCIL

The Common Council for the City of Burlington, Wisconsin.

COMPATIBLE POLLUTANTS

BOD, TSS, Total-P, pH, ammonia nitrogen, or fecal coliform bacteria, plus any other pollutant identified in the WPDES permit issued by the DNR to the City for its wastewater treatment plant.

CONNECTION FEE

A charge levied on all new users of the sewage system or current users who expand their use of the sewer service system. This charge is intended to ensure the fair apportionment of sewer system facility capital costs between current and future users.

CONNECTION LATERAL

A sewer line within the public right-of-way running from a connection sewer to a wye fitting of a public sewer main.

CONNECTION SEWER

A sewer service line extending from the building drain of a building to the lot line of the user's property. This service line may connect either to a connection lateral or directly to a wye fitting of a public sewer main.

COOLING WATER

Water that has been used primarily for cooling but which may be contaminated with process waste or airborne material.

CUSTOMER SERVICE CHARGE

A fixed monthly or quarterly charge payable by all users of the system (except for Brown's Lake, licensed disposers, and any other entity/person that has a separate payment arrangement with the City) for certain administration costs and inflow/infiltration associated costs.

[Amended 11-19-2013 by Ord. No. 1973(7)]

DISCHARGE

The introduction of pollutants into the City's sewerage system.

DNR

The Wisconsin Department of Natural Resources or its successor.

DOMESTIC WASTEWATER

A combination of liquid water and water-carried wastes and wastewater discharged from plumbing facilities (e.g., toilets, showers and sinks) in residential dwellings, institutional or commercial facilities or establishments, such as business offices, retail establishments, mobile home parks, and motels and public facilities. No wastewater shall be deemed domestic wastewater if:

(1) Any of its organic concentrations exceed any of the specified organic concentrations for normal domestic strength wastewater as defined in this section; or

(2) It contains any substance prohibited by the terms of this chapter.

ECHO LAKE

Echo Lake Farm Produce, a significant industrial user of the City's sewerage system located in the City of Burlington, Wisconsin.

EPA

The United States Environmental Protection Agency or its successor.

EXTRATERRITORIAL USER

Any user located outside of the City with which the City has a contract to provide sewer service.

FLOATABLE OIL

Oil, fat, or grease in a physical state separable by gravity from wastewater by treatment in a pretreatment facility approved by the City. Wastewater or septage shall be considered free of floatable oil if it is properly pretreated and does not interfere with the City's collection or treatment system.

GARBAGE

The residue from the domestic and commercial preparation, cooking and dispensing of food and from the commercial handling, storage and sale of food products and produce.

GROUND GARBAGE

The residue from the domestic and commercial preparation, cooking and dispensing of food which has been shredded to such a degree that all particles are no greater than 1/2 inch in any dimension and can be carried freely in suspension under the flow conditions normally prevailing in the public sewers.

HIGH-STRENGTH DISCHARGE or HIGH-STRENGTH WASTEWATER

Any wastewater discharge with any or all of its organic concentrations in excess of the values for normal domestic strength wastewater as defined in this section or containing any toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to result or likely to result in the contamination of the system's sludge, the injury to or interference with any sewage treatment process, a hazard to humans or animals, the creation of a public nuisance, or the creation of any hazard in or adverse effect on the waters receiving the discharge from the wastewater treatment plant, even if the wastewater discharged would otherwise be normal domestic strength wastewater. Method of introduction of an indirect discharge may be, but is not limited to, by pipe, truck, or rail car.

HOLDING TANK

An approved watertight receptacle for the collection and holding of sewage.

HOLDING TANK WASTE

Any untreated waste from holding tanks.

INCOMPATIBLE POLLUTANT

Any pollutant that is not a compatible pollutant. Incompatible pollutants include any wastewater or septage with pollutants, or of such strength, that will adversely affect or disrupt the wastewater treatment processes, effluent quality, or sludge quality if discharged to the City's wastewater treatment plant.

INDUSTRIAL USER

Any point source of industrial waste or wastewater.

INDUSTRIAL WASTEWATER or INDUSTRIAL WASTE

Any waterborne solid, liquid or gaseous waste, other than domestic wastewater, resulting, discharging or flowing from industrial processes, trades or businesses, including cooling water and the wastewater discharge from pretreatment facilities. Industrial wastewater includes any high-strength discharge.

INFLOW

Water other than wastewater that enters the City's sewerage system.

INSPECTION AND SAMPLING FACILITIES

Those facilities constructed by an industrial user to provide access for inspection, sampling and flow monitoring of its wastewater.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the City's sewerage system, its treatment processes or operations, or its sludge processes, use or disposal and thereby causes or significantly contributes to either a violation of any requirement of the City's WPDES permit (including an increase in the magnitude or duration of a violation) or the impairment of sewage sludge use or disposal in compliance with applicable state and federal laws and regulations. A user significantly contributes to a permit violation or impairment of sewage sludge use or disposal if such user:

(1) Discharges a daily pollutant loading in excess of that allowed by either contract, a discharge permit, this chapter, or any federal or state law or regulation;

(2) Discharges wastewater that substantially differs in nature or constituents from the user's typical discharge; or

(3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a WPDES permit violation or would prevent sewage sludge use or disposal by the City in compliance with applicable federal and state laws and regulations.

LICENSED DISPOSER

A person holding a valid license to perform septage servicing under § 281.48, Wis. Stats., and Ch. NR 113, Wis. Admin. Code.

NATURAL OUTLET

Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

NESTLE

Nestle Foods Company, a significant industrial user of the City's sewerage system located within the limits of the City.

NEW SOURCE

Any building from which pollutants are or may be discharged, the construction of which commenced after the publication of proposed pretreatment standards in the Federal Register which will be applicable to such source if these standards are promulgated in accordance with the Act.

[Amended 11-18-2003 by Ord. No. 1740(20)]

NONRESIDENTIAL USER

Any user which discharges waste to the City sewerage system from a building or other facility used primarily for a purpose other than human residency.

NORMAL DOMESTIC STRENGTH WASTEWATER

Wastewater with all of its organic concentrations no greater than the following specified values: BOD no greater than 175 mg/l, TSS no greater than 360 mg/l, and Total-P no greater than 4.0 mg/l. These concentration values may from time to time be modified by the City.

[Amended 11-19-2013 by Ord. No. 1973(7)]

NOXIOUS or MALODOROUS

Foul or offensive odors causing tangible injury or discomfort perceptible to the senses of ordinary people.

OWNER

Any person who owns a building, lot, or parcel of land from which pollutants are or may be discharged into the City's sewerage system. The term "owner" also includes any person who owns a point source of pollution.

PASS-THROUGH

A discharge that passes through the City's wastewater treatment plant to its receiving waters in quantities or concentration which, alone or in conjunction with a discharge or discharges from other sources, causes or significantly contributes to a violation of any requirement of the City's WPDES permit, including an increase in the magnitude or duration of a violation. A user significantly contributes to pass-through and the consequent permit violation whenever such user:

(1) Discharges a daily pollutant loading in excess of that allowed by either contract, this chapter, a discharge permit, or any federal or state law or regulation;

(2) Discharges wastewater that is substantially different in nature or constituents from the user's average discharge;

(3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a violation of the City's WPDES permit; or

(4) Knows or has reason to know that the City is, for any reason, violating the effluent limitations of its WPDES permit and that the user's discharge, either alone or in conjunction with the discharges from other sources, increases the magnitude or duration of the City's violation.

PERSON

An individual, corporation, partnership, association, municipality, institution, enterprise, governmental agency, sanitary district, or any other entity.

pH

The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. Neutral water has a pH value of seven and a hydrogen ion concentration of 10-7.

POINT SOURCE

Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

POLLUTANT

Any dredged spoil, solid, liquid or gaseous waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, public and agricultural waste discharged into water.

PRETREATMENT FACILITY

A facility constructed by a user to pretreat its waste or wastewater before it is discharged into the City's sewerage system.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's sewerage system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes of other means.

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.

PRETREATMENT STANDARD

Any regulation that applies to industrial users and includes any pollutant discharge limit promulgated by the EPA in accordance with the Act or by the DNR in accordance with Ch. 283, Wis. Stats. This term includes both prohibited discharge standards set forth in or established under 40 CFR Part 403 and Ch. NR 211, Wis. Admin. Code, and categorical pretreatment standards set forth in 40 CFR Chapter I and Ch. NR 200 et seq., Wis. Admin. Code.

[Amended 11-18-2003 by Ord. No. 1740(20)]

PRIVY

A cavity in the ground or a portable above-ground device constructed for toilet uses that receives human excrement to be either partially absorbed directly by the soil or stored for decomposition and periodic removal.

PROHIBITED DISCHARGE STANDARD

Any standard specifying quantities or concentrations of pollutants or pollutant properties that may be discharged to the City's sewerage system by industrial users regardless of industrial category or the application of any other pretreatment standard or requirement.

PUBLIC SEWER

Any City-owned or -controlled sewer, including connection laterals, and any sewer, including connection laterals, proposed or intended to be dedicated or conveyed to the City after its installation. It also includes any sewers owned or controlled by any other public entity, provided that those sewers ultimately connect to and discharge their collected wastewater into the City's sewerage system. It does not include the plumbing inside and in connection with any building served or connection sewers.

RESIDENTIAL EQUIVALENT UNIT (REU)

An annualized wastewater volume equal to that generated by the average single-family residential customer. For the purposes of this chapter, an REU is defined as 87,600 gallons per year or 11,711 cubic feet per year.

SANITARY SEWER

Any sewer, including connection sewers, connection laterals and public sewers, intended to convey wastewater, together with small quantities of ground-, storm- or surface waters admitted unintentionally, to the wastewater treatment plant.

SEPTAGE

The scum, liquid, sludge or other waste from a septic tank, holding tank, soil absorption field or privy. This term does not include the waste from a grease trap.

SEPTIC TANK

A septic toilet, chemical closet and any other watertight enclosure used for storage and decomposition of human excrement and domestic or industrial wastes.

SEPTIC TANK WASTE

Wastewater, including sludge from septic tanks.

SEWAGE

Synonymous with the term "wastewater" as defined in this section.

SEWER

A pipe or conduit that carries wastewater or drainage water.

SEWERAGE SYSTEM or SYSTEM

The City's wastewater collection system and all other structures, facilities, conduits, and pipes used in the storage, treatment, recycling, reclamation and disposal of domestic wastewater and industrial waste and wastewater.

SEWER SERVICE CHARGES

Charges assessed against users of the City's sewerage system to fund costs associated with the continued operation of the system. Sewer service charges may include customer service charges, volumetric user charges, capital cost charges, septage and holding tank disposal charges, and other charges as may be necessary to provide for an equitable allocation of costs among users.

SIGNIFICANT INDUSTRIAL USER

(1) Any industrial user subject to categorical pretreatment standards established by either federal or state regulation, or any industrial user that has a discharge flow which:

(a) Is 25,000 gallons or more per average workday (excluding domestic, noncontact cooling, and boiler blowdown wastewater);

(b) Is greater than 5% of the total flow rate or design compatible pollutant loading received at the City's wastewater treatment plant (5% of the total flow rate at the time of the adoption of this Code is approximately equal to 100,000 gallons);

[Amended 11-18-2003 by Ord. No. 1740(20)]

(c) Contains any material included on the list of toxic pollutants issued by the DNR under Ch. 283, Wis. Stats.; or

(d) Contains a waste that, either singly or in combination with other wastes, has a reasonable potential for adversely affecting the operation of the City's wastewater treatment plant or the quality of its effluent, for contaminating the City's sludge, for creating a public nuisance or a hazard to animals or humans, or for violating any pretreatment standard or requirement.

(2) Even though an industrial user may meet one or more of the criteria specified in Subsection (1)(a) through (d), the City may at any time, on its own initiative or in response to the filing of a petition by an industrial user in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user, provided it has no reasonable potential for adversely affecting the operation of the wastewater treatment plant or for violating any pretreatment standard or requirement.

SLUDGE

The accumulated solid, semisolid, or liquid wastes generated during the biological treatment, chemical treatment, coagulation or sedimentation of water or wastewater.

SLUG

Any discharge of water, wastewater or other substance at a rate and/or concentration causing interference to wastewater treatment processes or plugging or surcharging the City's sewerage system.

SOIL ABSORPTION FIELD

An area or cavity in the ground that receives the liquid discharge of a septic tank or similar wastewater treatment device.

STANDARD METHODS

The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage, and Industrial Waste, published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

STORM DRAIN or STORM SEWER

A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

STORMWATER or STORM RUNOFF

Water resulting from melting snow or rainfall.

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and that are removable by laboratory filtering and are referred to as "nonfilterable residue." Quantitative determination of suspended solids shall be made in accordance with the procedures set forth in Standard Methods, unless a different test procedure is required by either state or federal law or regulation.

TOTAL PHOSPHORUS (Total-P)

The concentrations of phosphorus present in the forms of ortho-phosphate and condense phosphates, both dissolved and in suspension, organic or inorganic. Quantitative determination of Total-P shall be made in accordance with the procedures set forth in Standard Methods, unless a different test procedure is required by state or federal law or regulation.

TOXIC POLLUTANTS

Those pollutants or combinations of pollutants, including disease-causing agents, that after discharge and upon exposure, injection, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will cause death, disease, behavioral abnormalities, cancer, genetic mutation, or physiological malfunction, including malfunctions in reproduction or physical deformations, in such organisms or their offspring. A toxic pollutant shall include, but is not limited to, any pollutant identified in the Toxic Pollutant List set forth in either 40 CFR Part 403 or Ch. NR 215, Wis. Admin. Code.

[Amended 11-18-2003 by Ord. No. 1740(20)]

UNPOLLUTED WATER

Water of quality equal to or better than the effluent criteria in effect for the City or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

USER

Any person who discharges or contributes, or causes or permits the discharge or contribution of, wastewater, septage, or any other solid, liquid or gaseous waste from a point source to the City's sewerage system. This term includes any industrial user as defined in this section.

USER CHARGES

The charges assessed against each user of the City's sewerage system as part of the user's sewer service charge for funding the operation, maintenance and replacement costs of the system.

UTILITY MANAGER

The City's Director of Public Works or his authorized agent.

[Amended 11-19-2013 by Ord. No. 1973(7)]

WASTEWATER

The spent or used water of the City or of any user outside the City if that user by contract or other special arrangement is permitted to discharge into the City's sewerage system. The source may be a combination of the liquid and water-carried wastes from residential, commercial, industrial, institutional, and public sources, together with any groundwater, surface water and stormwater that may be present in the City's sewerage system.

WASTEWATER COLLECTION SYSTEM

All of the public sewers within the City and outside the City as expressly authorized by the Common Council, including pump and lift stations, force mains, connection laterals, and service connection wye fittings, which fittings have been installed to receive wastewaters directly from connection sewers or connection laterals.

WASTEWATER TREATMENT PLANT

That portion of the City's sewerage system designed to provide treatment, including recycling and reclamation, of wastewater, thereby allowing it to be disposed of without impairing other essential water uses.

WATERCOURSE

A natural or artificial channel for the passage of water either continuously or intermittently.

WISCONSIN PLUMBING CODE

The State of Wisconsin Plumbing Code, as created and contained in the applicable provisions of the State of Wisconsin Administrative Code.

[Amended 11-19-2013 by Ord. No. 1973(7)]

WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT

That permit issued by the DNR in accordance with the Act for the purpose of controlling the discharge of pollutants into any waters of Wisconsin or the disposal of sludge from a wastewater treatment plant.

B. Word usage.

(1) "He" means either he or she, while "his" means either his or hers.

(2) "May" is permissive; "shall" is mandatory.

§ 259-3 Sewer construction generally.

A. Work authorized.

(1) Except as otherwise provided by Subsection A(2), no person shall uncover, make any connections with or opening into, alter, extend, install or disturb any public sewer or any of its appurtenances without first obtaining a written permit from the City under this section. If necessary, the permit shall specify the type, size, and method of installation for any proposed new public sewer or of any proposed connection to a public sewer.

(2) If the sewer work to be performed only involves the connection to a public sewer, the permit procedures and requirements of § 259-4 shall control.

B. Conformance with state regulations. All public sewer construction work, including connections to public sewers, shall comply with the Wisconsin Plumbing Code and any other applicable state or City regulation.

C. Inspection. While still visible and uncovered, all completed sewer construction work shall be inspected by an authorized representative of the City. If an actual connection to a public sewer is to be made, the City's authorized representative shall personally observe the performance of that work. Notwithstanding the City's authorized representative's inspection or observation of any public sewer work, the permit holder and any person engaged by the permit holder to perform the work shall not be relieved from liability for any personal or property injury, damage, or loss due to any defective, deficient, or negligently performed work.

D. Barricades; restoration.

(1) All excavation for public sewer construction work, including any connection to a public sewer, shall be adequately guarded with barricades and lights to ensure the protection of the public. If adequate barricades and lights are not maintained, the permit holder and any person responsible for the actual performance of the public sewer construction work shall be liable for any damages or injuries caused by that failure.

(2) Any street, sidewalk, parkway or other public property disturbed in the course of any sewer construction work, including the making of a connection to a public sewer, shall be restored in compliance with City of Burlington Municipal Code Chapter 274, Article II, Right-of-Way Management, at the expense of the permit holder.

[Amended 11-18-2003 by Ord. No. 1740(20)]

E. Combined sewers. No combined sewer shall be connected to any sanitary sewer.

F. Indemnification of City. Any person who is either issued a permit for the performance of any sewer construction work described in Subsection A, engaged by a permit holder to actually perform any sewer construction work described in Subsection A, or engaged by the City under contract to perform sewer construction work described in Subsection A shall hold the City harmless and indemnify it from any personal or property loss, injury or damage directly or indirectly caused by or resulting from the performance of any sewer construction work.

G. Performance of work. Only City-authorized utility employees, Sewer Utility installers under contract with the City, state-licensed utility contractors, and state-licensed plumbers shall perform any plumbing, pipe fitting, or public sewer construction work, including connections to public sewers.

[Amended 11-18-2003 by Ord. No. 1740(20)]

§ 259-4 Public sewer connections.

A. Mandatory sewer connection.

[Amended 11-19-2013 by Ord. No. 1973(7)]

(1) Connection required. Each building usable for human habitation, occupancy, employment, recreation, or any other similar purpose that is located either adjacent to a sewer main or in a block through which the system extends shall connect, and shall remain connected, to the City's sewerage system within 180 days of written notice from the City, except as provided in Subsection A(2).

(2) Exceptions permitted. If City sewer service is not available, a building may be served by a septage tank, provided that the building connects to the City's sewerage system when sewer service does become available.

(3) Notification to connect. If a building is subject to the connection requirement of Subsection A(1), the City shall serve on the owner of the building, personally or by certified mail, return receipt requested, a written notice of the need for the owner to connect the building, or cause the building to be connected, to the system. The notification shall specify the amount of any charge or fee to be paid by the owner, including the connection fee as required by § 259-5, and, if necessary, the type, size, and method of connection with the public sewer to ensure a properly designed and constructed connection.

(4) Payment of fees. Within 180 days after receipt of the notice, the owner shall pay all applicable charges, including the connection fee, and cause the connection to be made at his own expense in conformity with the requirements prescribed by §§ 259-3C and D and 259-4C to E. If the charges and fees are not paid within 180 days after receipt of notice, such charges shall be assessed as a special tax lien against the property. If the owner is unable to pay the applicable charges and fees in one sum, the owner may request that these costs be paid in a maximum of five equal annual installments with an interest rate to be established by the City's Common Council, but not more than 10% per annum, with the unpaid balance to be a special tax lien against the property, pursuant to § 281.45, Wis. Stats.

(5) Owner's failure to connect.

(a) If an owner fails to comply with the connection notice under Subsection A(3) within 180 days, the City may take such steps as are available under the law to have the connection made.

(b) If the City causes the connection to be made, the City shall serve on the owner, after the work is fully completed, a detailed statement of the items of cost for the connection, including reasonable actual attorneys' fees, administrative expenses, and any other appropriate charges or fees, including the connection fee required by § 259-5. The owner shall pay these costs within 30 days after receipt of the City's statement. If the owner fails to pay these costs within the permitted time period, the City may assess all of the costs as a special tax against the benefited property, provided the owner has not filed a written option as permitted by Subsection A(5)(c).

(c) Within 30 days after the City's completion of the connection work, the owner may file a written option with the City Clerk stating that he/she cannot pay the outstanding installation costs, including any other applicable charge and the connection fee, in one sum and requesting that these costs and fees be levied in a maximum of five equal installments with an interest rate to be established by the City's Common Council, but not more than 10% per annum from the date of completion of the work. Any unpaid balance shall become a special tax lien against the property in accordance with the authority of § 281.45, Wis. Stats.

B. Application.

(1) Application required. No person shall connect any building or other point source to the City's sewerage system without first filing a written application with the City. Nonresidential users are also required to submit a waste disposal questionnaire form. (See Appendix D of this chapter.[1]) Forms may be obtained from the Building Inspector. If the applicant is not the owner of the premises, written consent of the owner must accompany the application. If the applicant also intends to file an application for a building permit, the sewer connection application shall be filed at the same time.

[1] Editor's Note: Appendix D is on file at the City Clerk's office.

(2) Approval of application.

(a) New connections to the City's sewerage system shall be allowed only if:

[1] Sufficient capacity in all downstream wastewater collection and treatment facilities is available;

[2] The proposed sewer service is adequate for the contemplated use;

[3] The connection is adequately designed and will be properly constructed; and

[4] The connection fee required by § 259-5 and any other outstanding charges have been paid.

(b) If all of these conditions are reasonably satisfied, the application shall be approved and a permit for the sewer services shown on the application shall be issued.

(3) Denial of application. If any of the conditions under Subsection B(2) are not adequately met, the application shall be rejected. The applicant may appeal this decision to reject the application in accordance with the procedures prescribed by § 259-33.

C. Cost of connection. The owner of the building or point source shall be responsible for all costs necessary to make the connection, including the installation of the connection.

D. Connection sewer grade. Whenever possible, the connection sewer shall be brought to the building at an elevation below the basement floor. If a building drain is too low to permit gravity flow to the public sewer, domestic wastewater carried by such building drain shall be lifted by an approved means and discharged to the connection sewer. Grinder pumps shall be installed and maintained by the property owner at the property owner's expense.

E. Plumbing.[2]

(1) Conformance to Plumbing Code.

(a) The Wisconsin Plumbing Code and any other applicable rules and regulations of the City shall govern the materials and method of installation of connection sewers and laterals, including but not limited to:

[1] Size, slope, alignment, pipe placement, and materials of construction;

[2] Excavation and backfilling of trench; and

[3] Method of jointing and testing, and effectiveness (i.e., gastight and watertight) of the connection to the public sewer.

(b) Any deviation from the prescribed procedures and materials must be approved by the City before installation.

(2) Licensed plumbers. No person shall do any plumbing or pipe fitting work in connection with the City sewerage system without a Wisconsin plumber's license or without written permission from the City. Plumbers shall provide the City with proof of such authorization, upon demand.

(3) Notification of blockage. Plumbers shall notify the City whenever any blockage in a user's connection sewer is discharged into the City sewerage system.

[2] Editor's Note: See also Ch. 243, Plumbing.

F. Applicability of other requirements. The requirements and conditions prescribed by § 259-3C and D shall apply to all sewer connection work.

G. Backflow preventor. All floor drains in buildings subject to backflow from the sanitary sewer system shall have a backflow prevention valve installed at the owner's expense.

H. Maintenance of services. An owner shall maintain the building drain and connection sewer, including all controls, in good repair and free from defects at his own risk and expense. An owner shall additionally keep his connection sewer protected from frost and shall prevent any unnecessary overburdening of the City's sewerage system.

I. Owner use only. No owner shall allow any other person or other services to connect to the City's sewerage system through his connection sewer.

J. Use of old building sewers. An owner may use an old connection sewer for purposes of a new building, provided that the City finds the existing connection sewer meets all requirements of this section. The owner may also be required to pay a connection fee under § 259-5.

K. Vacating of premises and discontinuance of service. Whenever any building or other point source served by the City's sewerage system is to be vacated, or whenever an owner desires to discontinue sewer service, the owner shall notify the City in writing. The owner of the building or point source shall be liable for any loss or damage to the property of the City's system directly or indirectly caused by or resulting from the vacation or discontinuance. The owner, however, shall not be responsible for any damages if caused directly through the fault of the system or any City employee or agent.

§ 259-5 Connection fees.

A. Establishment of fees. A connection fee shall be collected by the City from all new connections to the sewerage system or existing wastewater connections which have a change in operations or activity resulting in the utilization of additional sewerage system capacity. The imposition of connection fees is intended to ensure that sewerage system capital costs are fairly apportioned between current and future users.

B. Amount of fee. The connection fees shall be based upon the user's potential needed capacity, in terms of residential equivalent units (REUs), in the sewerage system. The schedule of connection fees shall be as set forth below.

C. Schedule of connection fees.

(1) Connection fee per residential equivalent unit (REU).

(a) All connections except those in extraterritorial sanitary districts: an amount per REU as set by the Common Council.[1]

[1] Editor's Note: See Fee Schedule on file at the City Clerk's office.

(b) Connection fees for users in extraterritorial sanitary districts shall be as set forth in the applicable intermunicipal agreement.

(2) Residential equivalent unit for residential development will be assigned as follows:

(a) Single-family residence: one REU.

(b) Multifamily dwellings (duplex, apartments or condominiums):

[1] Each unit with three or more bedrooms: one REU.

[2] Each unit with two bedrooms: 0.75 REU.

[3] Each unit with one bedroom or less: 0.5 REU.

(3) Nonresidential development fees for nonresidential properties will be determined as follows:

(a) The property owner shall submit on waste disposal questionnaire forms provided by the City a good faith estimation of the intended water and sewer usage for any nonresidential development. A copy of the waste disposal questionnaire is included in Appendix D of this chapter.[2]

[2] Editor's Note: Appendix D is on file at the City Clerk's office.

(b) Based on the information supplied by the property owner, the City shall estimate the annual projected wastewater flow and calculate the number of residential equivalent units for that property. The number of REUs shall be determined by dividing the estimated wastewater flow by the annual flow of the average residential user. The minimum REU for any account shall not be less than 1.00 REU. Upon completion of the REU computations, all REUs will be rounded up to the nearest 0.50 REU.

(c) Based upon the number of REUs calculated in Subsection C(3)(b), the City shall calculate and impose an interim sewer connection fee under the schedule set forth in Subsection C(1).

(d) Since the charge determined under Subsection C(3)(a) and (b) above is based upon estimated usage, the City shall have the right to recalculate the charge based upon actual usage for a twelve-month period. At any time after initial connection to the system and establishment of a nonresidential account, the City may review the account history to determine the highest actual recorded usage in a twelve-month period.

(e) Based upon the information obtained under Subsection C(3)(d), the City shall recalculate the number of residential equivalent units and may recalculate the charge pursuant to Subsection C(3)(c), provided that the recalculated REU estimate exceeds the current one by at least one REU. If the recalculated charge exceeds the original charge, the difference between the recalculated charge and the amount paid for the original charge shall become due and payable at the time the adjustment is made. There will be no refund notwithstanding the result of the recalculation.

(4) Connected properties. Each existing property connected to the sewerage system that has a change in operations or activity which results in the utilization of additional sewerage system capacity will be evaluated, on a case-by-case basis, to determine the imposition of a connection fee. The charge shall be based upon the estimated annual usage for the sewer customer operating on the premises reduced by a credit for sewer system capital charges paid through prior connection fees or sewer user charges. The following methodology shall be incorporated into a determination of connection fees for existing properties previously connected to the sewerage system where a change in operations or activity takes place:

(a) An estimate shall be made of projected future annual usage, in terms of REUs, for the customers utilizing the subject property.

(b) The City shall determine if a previous connection fee has been imposed upon the subject property. If a prior connection fee has been paid, the number of REUs determined in Subsection C(4)(a) shall be reduced by the total number of REUs on which the previous charge was based. The net number of incremental REUs shall be the basis for the connection fee computation.

(c) If the property was developed prior to the inception of the connection fee and no connection fee was paid for the property, then a credit shall be given for the estimated sewer system capital charges previously paid. The estimated contribution toward system capital cost shall be based upon historical sewer usage. The most recent two-year period for which the property had operating activity shall serve as the basis for the credit. The average annual usage in terms of REUs shall be deducted from the number of REUs computed according to Subsection C(4)(a) to yield the net number of incremental REUs subject to the connection fee.

(d) If the net incremental REUs calculated in Subsection C(4)(c) are greater than or equal to two REUs, they shall be multiplied by the charge in Subsection C(1)(a) to determine the connection fee. If the net incremental REUs are less than two REUs, no additional connection fee will be charged.

D. Administration. The Building Inspector shall be responsible for the administration and collection of the connection fee. This fee shall be paid directly to the Building Inspector at the time application is made to him for a building permit or, if no building permit is needed, at the time an application is filed for a permit to connect into the City's wastewater collection system.

E. Review of fees. The connection fees may be reviewed and, if necessary, adjusted by December 31 of each year for the ensuing calendar year. This year-end review shall not preclude the City from adjusting the connection fee at any other time during the year.

F. Use of fees. All connection fees received by the City shall be deposited in a segregated interest-bearing account and shall, at the discretion of the City, be used for the future capital needs of the sewerage system or the retirement of outstanding system debt.

§ 259-6 Right of entry; safety.

A. Right of entry. The Utility Manager or any other duly authorized City employee bearing proper credentials and identification may enter:

(1) All properties served by the City's sewerage system, except those directly served by extraterritorial sanitary districts, for the purpose of inspection, observation, sampling, or testing, as may be required for the implementation and enforcement of the terms and provisions of this chapter; and

(2) All private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewerage system lying within the easement, all subject to the terms, if any, of the duly negotiated easement.

B. Entry prevented. In the event that a person prevents, obstructs, or hinders a City employee from entering the person's property or premises, or from performing any of the activities specified in above Subsection A, then the City may avail itself of any and all remedies available under the law to obtain such entry and/or perform such activities. This shall include, but not be limited to, the penalty provisions provided in § 259-29.

[Amended 11-19-2013 by Ord. No. 1973(7)]

C. Safety. While performing any necessary work on private premises under Subsection A, all duly authorized City employees shall observe all safety rules applicable to the premises established by the user. The City shall indemnify the user against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the user growing out of the City's gauging and sampling operations. This indemnification shall not extend to any loss or damage caused by the user's negligence or failure to maintain safe conditions.

§ 259-7 Service area.

A. Generally. The City's sewer service area shall be limited to that area defined in § 259-2, "City's sewer service area." No other territory shall be deemed a part of the City's sewer service area unless the sewer service area is altered to expressly include such additional territory within its boundaries.

B. Reservation of rights. Notwithstanding Subsection A, the City reserves the right to refuse to provide sewer service to any currently nonserved property outside the City but within the sewer service area if:

(1) The property owner refuses to annex to the City;

(2) The available capacity in all downstream wastewater collection and treatment facilities is insufficient to accommodate the additional wastewater discharge; or

(3) Treatment of the wastewater would cause the City to violate any applicable effluent limitations or standards, water quality standards, or any other legally applicable requirements.

C. Implied consent. An owner of property or of any other point source outside the City served by the City's sewerage system shall be deemed to have consented to be governed by all of the terms and requirements of this chapter, including payment of the applicable sewer service charges. This implied consent shall not apply to owners of property located within a town sanitary district if the district directly provides sewer collection services to that property, has adopted its own sewer use ordinance, and has entered into an agreement with the City for the provision of sewer treatment services for the district's users. In that event, the terms and conditions of the sanitary district's ordinance and of the City - sanitary district agreement shall control.

§ 259-8 Agreements permitted.

A. Generally.

(1) No provision of this chapter shall be construed to prevent or prohibit a separate or special contract or arrangement between the City and any industrial, commercial, or any other category of user within or without the City, or between the City and any other public entity, including a town sanitary district, whose territory is entirely or partly within the City's sewer service area. Any such agreement or arrangement shall be subject to approval by the Common Council and shall be consistent with and subject to the terms and conditions of this chapter and all applicable state, City and federal laws and regulations.

(2) As part of any special contract or arrangement, the City may agree to accept and treat industrial wastewater of high strength or of an unusual character, either before or after pretreatment, provided such wastewater shall not impair the functioning of the City's sewerage system by reason of its discharge to the system. Any extra costs incurred by the City for treatment of such wastewater shall be reimbursed by the industrial user.

B. Preexisting contracts.

(1) All preexisting wastewater service contracts between the City and any system user shall be subject to and governed by the terms, conditions and requirements of this chapter. If any provision of a preexisting wastewater service contract conflicts or is inconsistent with a provision of this chapter, the provision of this chapter shall take precedence and shall be enforceable against that system user.

(2) For purposes of Subsection B(1), a preexisting wastewater service contract means any contract that is in effect prior to the effective date of this chapter and addresses either the reservation of capacity in the wastewater treatment plant or the charges to be collected by the City in providing sewer services or reserving capacity.

§ 259-9 Septic tanks.

The maintenance and use of septic tanks, holding tanks and other private sewage disposal systems within the City are hereby declared to be a public nuisance and are prohibited, unless permitted under § 259-4A(2).