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.
A.
ACCIDENTAL DISCHARGE
ACT
AMMONIA NITROGEN (NH3-N)
BOD (biochemical oxygen demand)
BROWN'S LAKE
BUILDING
BUILDING DRAIN
CAPITAL COST CHARGE
CATEGORICAL PRETREATMENT STANDARD
CITY
CITY'S HOLDING TANK SERVICE AREA
CITY'S PLANNING AREA
CITY'S SEWER SERVICE AREA
COMBINED SEWER
COMMON COUNCIL or COUNCIL
COMPATIBLE POLLUTANTS
CONNECTION FEE
CONNECTION LATERAL
CONNECTION SEWER
COOLING WATER
CUSTOMER SERVICE CHARGE
DISCHARGE
DNR
DOMESTIC WASTEWATER
ECHO LAKE
EPA
EXTRATERRITORIAL USER
FLOATABLE OIL
GARBAGE
GROUND GARBAGE
HIGH-STRENGTH DISCHARGE or HIGH-STRENGTH WASTEWATER
HOLDING TANK
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDUSTRIAL USER
INDUSTRIAL WASTEWATER or INDUSTRIAL WASTE
INFLOW
INSPECTION AND SAMPLING FACILITIES
INTERFERENCE
(1)
(2)
(3)
LICENSED DISPOSER
NATURAL OUTLET
NESTLE
NEW SOURCE
NONRESIDENTIAL USER
NORMAL DOMESTIC STRENGTH WASTEWATER
NOXIOUS or MALODOROUS
OWNER
PASS-THROUGH
(1)
(2)
(3)
(4)
PERSON
pH
POINT SOURCE
POLLUTANT
PRETREATMENT FACILITY
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
PRIVY
PROHIBITED DISCHARGE STANDARD
PUBLIC SEWER
RESIDENTIAL EQUIVALENT UNIT (REU)
SANITARY SEWER
SEPTAGE
SEPTIC TANK
SEPTIC TANK WASTE
SEWAGE
SEWER
SEWERAGE SYSTEM or SYSTEM
SEWER SERVICE CHARGES
SIGNIFICANT INDUSTRIAL USER
(1)
(a)
(b)
(c)
(d)
(2)
SLUDGE
SLUG
SOIL ABSORPTION FIELD
STANDARD METHODS
STORM DRAIN or STORM SEWER
STORMWATER or STORM RUNOFF
SUSPENDED SOLIDS
TOTAL PHOSPHORUS (Total-P)
TOXIC POLLUTANTS
UNPOLLUTED WATER
USER
USER CHARGES
UTILITY MANAGER
WASTEWATER
WASTEWATER COLLECTION SYSTEM
WASTEWATER TREATMENT PLANT
WATERCOURSE
WISCONSIN PLUMBING CODE
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
As used in this chapter, the following terms shall
have the meanings indicated:
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.
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:
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.
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 Sanitary District in Racine County, Wisconsin.
Any building, structure, facility, or installation used for
either residential, commercial, public, institutional or industrial
purposes.
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.
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.
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.
The City of Burlington, Wisconsin, or the Common Council
or its delegated representative.
The entire territory within, but not limited to, the 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)]
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)]
A sewer designed to receive or receiving both wastewater
and storm or surface water.
The Common Council for the City of Burlington, Wisconsin.
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.
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.
A sewer line within the public right-of-way running from
a connection sewer to a wye fitting of a public sewer main.
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.
Water that has been used primarily for cooling but which
may be contaminated with process waste or airborne material.
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)]
The introduction of pollutants into the City's sewerage system.
The Wisconsin Department of Natural Resources or its successor.
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:
Echo Lake Farm Produce, a significant industrial user of
the City's sewerage system located in the City of Burlington, Wisconsin.
The United States Environmental Protection Agency or its
successor.
Any user located outside of the City with which the City
has a contract to provide sewer service.
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.
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.
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.
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.
An approved watertight receptacle for the collection and
holding of sewage.
Any untreated waste from holding tanks.
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.
Any point source of industrial waste or wastewater.
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.
Water other than wastewater that enters the City's sewerage
system.
Those facilities constructed by an industrial user to provide
access for inspection, sampling and flow monitoring of its wastewater.
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:
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;
Discharges wastewater that substantially differs
in nature or constituents from the user's typical discharge; or
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.
A person holding a valid license to perform septage servicing
under § 281.48, Wis. Stats., and Ch. NR 113, Wis. Admin.
Code.
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
Nestle Foods Company, a significant industrial user of the
City's sewerage system located within the limits of the City.
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)]
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.
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)]
Foul or offensive odors causing tangible injury or discomfort
perceptible to the senses of ordinary people.
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.
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:
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;
Discharges wastewater that is substantially
different in nature or constituents from the user's average discharge;
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
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.
An individual, corporation, partnership, association, municipality,
institution, enterprise, governmental agency, sanitary district, or
any other entity.
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.
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.
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.
A facility constructed by a user to pretreat its waste or
wastewater before it is discharged into the City's sewerage system.
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.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
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)]
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.
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.
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.
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.
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.
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.
A septic toilet, chemical closet and any other watertight
enclosure used for storage and decomposition of human excrement and
domestic or industrial wastes.
Wastewater, including sludge from septic tanks.
Synonymous with the term "wastewater" as defined in this
section.
A pipe or conduit that carries wastewater or drainage water.
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.
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.
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:
Is 25,000 gallons or more per average workday
(excluding domestic, noncontact cooling, and boiler blowdown wastewater);
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)]
Contains any material included on the list of
toxic pollutants issued by the DNR under Ch. 283, Wis. Stats.; or
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.
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.
The accumulated solid, semisolid, or liquid wastes generated
during the biological treatment, chemical treatment, coagulation or
sedimentation of water or wastewater.
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.
An area or cavity in the ground that receives the liquid
discharge of a septic tank or similar wastewater treatment device.
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.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Water resulting from melting snow or rainfall.
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.
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.
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)]
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.
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.
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.
The City's Director of Public Works or his authorized agent.
[Amended 11-19-2013 by Ord. No. 1973(7)]
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.
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.
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.
A natural or artificial channel for the passage of water
either continuously or intermittently.
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)]
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.
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.
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)]
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:
(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.
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:
(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.
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.
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)
(2)
Residential equivalent unit for residential development
will be assigned as follows:
(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.
(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.
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.
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.
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.
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.
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).