[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 11.04 and 13.20 to 13.50 of the 2002 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 120.
Housing standards — See Ch. 154.
Nuisances — See Ch. 197.
Plumbing — See Ch. 213.
Water — See Ch. 277.
Subdivision of land — See Ch. 294.
The City of Jefferson has provided wastewater works to promote the health, safety and welfare of its citizens and to protect the quality of surface water and groundwater. The City has determined that the users of the wastewater treatment facilities shall be obligated to pay the costs of constructing, operating and maintaining the wastewater works in an equitable manner and in relation to the benefits derived from such service. The sewerage service charges herein imposed consist of a user charge system for allocating the operation, maintenance and replacement costs and a method of allocating capital costs based upon specifically allocated capacity for certain significant contributors and upon water meter size and the number of meters for all other users.
As used in this article, the following terms shall have the meanings indicated. The word "may" is permissive; the word "shall" is mandatory.
AMMONIA NITROGEN (NH3-N)
One of the oxidation states of nitrogen, in which nitrogen is combined with hydrogen in molecular form as NH3 or in ionized form as NH4+. Quantitative determinations of ammonia nitrogen shall be made in accordance with procedures set forth in Standard Methods.
APPROVING AUTHORITY
The Common Council or its duly authorized deputy, agent or representative.
[Amended 10-18-2005 by Ord. No. 17-05]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter. Quantitative determination of BOD shall be made in accordance with procedures set forth in Standard Methods.
BUILDING DRAIN
The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning approximately five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called house connection or lateral. Except as provided in this article, building sewers shall not be subject to the jurisdiction of the City and the City shall not be responsible for the construction and/or maintenance of such sewers.
CHARGE, FIXED
The portion of the sewerage service charge based upon the number of the customer's connections to the wastewater works and the size of the customer's water meters. Fixed charges shall recover the cost of debt retirement, associated reserves and depreciation or rehabilitation of the wastewater works. Significant contributors shall have a separately computed fixed charge as it relates to debt service based upon § 230-3 of this article. Fixed charges also include operation costs for customer billing and treatment costs relating to infiltration and inflow.
CHARGE, SEWERAGE SERVICE
See "sewerage service charge."
CHARGE, VARIABLE
The portion of the sewerage service charge based on the volume and strength of wastewater discharged to the wastewater works. The variable charge shall include the charge for normal strength wastewater and a surcharge if any of the parameters in the discharge exceed those of normal strength wastewater. Variable charges shall recover O, M & R costs, except customer billing and treatment costs relating to infiltration and inflow which are recovered in the fixed charge.
CHARGE, VOLUME
A sewer use charge based upon normal strength wastewater quantities.
CHLORINE REQUIREMENT
The amount of chlorine in milligrams per liter which shall be added to sewage to produce a specified residual chlorine content in accordance with procedures set forth in Standard Methods.
COMPOSITE SAMPLE (24 HOURS)
The combination of individual samples taken at intervals of not more than one hour.
COSTS, OPERATION, MAINTENANCE AND REPLACEMENT (O, M & R)
All costs associated with the operation and maintenance of the wastewater works as well as the costs associated with periodic equipment replacement necessary for maintaining the design capacity and performance of the wastewater treatment facilities.
DRAIN, BUILDING
See "building drain."
DRAIN, STORM
See "storm drain."
EASEMENT
An acquired legal right for the specific use of land owned by others.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
FLOW PROPORTIONAL SAMPLE
A sample taken that is proportional to the volume of flow during the sampling period.
GARBAGE
The residue from the preparation, cooking and dispensing of food and from the handling, storage and sale of food products and produce.
GARBAGE, GROUND
The residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater that 1/2 inch in any dimension.
INDUSTRIAL USER
Any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of manufacturing, transportation, communications or utilities, mining, agriculture, forestry or fishing.
INDUSTRIAL WASTE
Any trade or process waste as distinct from segregated domestic wastes or wastes from sanitary conveniences.
LIFE, SERVICE
The expected life of individual pieces of equipment. In many instances, the service life of a piece of equipment will be shorter than the useful life of the overall treatment plant.
LIFE, USEFUL
The expected life of the treatment plant if individual pieces of equipment are replaced as necessary.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON
Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
pH
The logarithm of the reciprocal of the hydrogen ion concentration. Neutral water, for example, has a pH value of seven and a hydrogen concentration of 10-7.
POLLUTANT, COMPATIBLE
Biochemical oxygen demand, suspended solids, pH or fecal coliform bacteria, plus additional pollutants identified in the NPDES permit for the publicly owned treatment works receiving the pollutants if such treatment works were designed to treat such additional pollutants and, in part, do remove such pollutants to a substantial degree.
POLLUTANT, INCOMPATIBLE
Any pollutant which is not a compatible pollutant.
PRETREATMENT
An arrangement of devices and structures for the preliminary treatment or processing of wastewater required to render such wastes acceptable for admission to the public sewers.
PUBLIC AUTHORITY
Any user whose premises are used for the conduct of the legislative, judicial, administrative or regulatory activities of federal, state, local or international units of government; government-owned educational facilities; and government-owned health or recreational facilities. This does not include government-owned or -operated business establishments.
PUBLIC SEWER
Any sewer provided by or subject to the jurisdiction of the City. It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge in the City sanitary sewer system, even though those sewers may not have been constructed with City funds. "Public sewer" shall not include private or building sewers. [1]
SANITARY SEWAGE
A combination of water-carried wastes from residences, business buildings, institutions and industrial plants (other than industrial wastes from such plants), together with such ground, surface and storm waters as may be present.
SANITARY SEWER
A sewer that carries sanitary and industrial water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SEWAGE
The spent water of a community. The preferred term is "wastewater," defined below.
SEWAGE, NORMAL DOMESTIC
Sanitary sewage resulting from the range of normal domestic activities in which BOD5, SS and NH3-N concentrations do not exceed normal concentrations of:
A. 
A given five-day, 20° C. BOD of not more than 275 milligrams per liter.
B. 
A suspended solids content of not more than 320 milligrams per liter.
C. 
An ammonia nitrogen content of not more than 23 milligrams per liter.
SEWAGE, SANITARY
See "sanitary sewage."
SEWAGE SYSTEM
The composite network of underground conduits carrying wastewater and incidental appurtenances (i.e., manholes, lift stations, and service lateral).
SEWER
A pipe or conduit that carries wastewater or drainage water.
SEWERAGE SERVICE CHARGE
The sum of the various categories of charges levied under this article, including fixed and variable charges.
SEWER, BUILDING
See "building sewer."
SEWER, COMBINED
Any sewer intended to serve as a sanitary and storm sewer.
SEWER, INTERCEPTING
A sewer whose primary purpose is to convey sewage from a collection system or systems to a wastewater treatment plant. Size of the sewer is not a factor.
SEWER, PRIVATE
Any sewer located outside of a public right-of-way or easement. Except as provided in this article, a private sewer shall not be subject to the jurisdiction of the City and the City shall not be responsible for the construction and/or maintenance of such sewer.
SEWER, PUBLIC
See "public sewer."
SEWER, SANITARY
See "sanitary sewer."
SIGNIFICANT CONTRIBUTORS
Those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD, SS, or NH3-N), 5% of the design value for that particular parameter, on such average or peak basis as the approving authority deems appropriate.
SLUG
Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and shall adversely affect the system and/or performance of the wastewater treatment works.
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 Wastes, published jointly by the American Public Health Association, the American Waterworks Association and the Federation of Sewage and Industrial Wastes Association.
STORM DRAIN
A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
STORM SEWER
See "storm drain."
STORMWATER RUNOFF
That portion of the rainfall that is drained into the sewers.
SURCHARGE
Any user of the wastewater works whose discharge exceeds in one or more parameters (BOD, SS, or NH3-N) the concentration of normal domestic wastewater for that parameter shall be subject to a surcharge. The amount of such surcharge shall reflect the costs incurred by the City in removing the high-strength BOD, suspended solids or ammonia nitrogen from the wastewater.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, wastewater or other liquid and that are removable by laboratory filtering as prescribed in Standard Methods and are referred to as "nonfilterable residue."
USER CHARGE SYSTEM
The methodology for collecting O, M & R costs equitably from each user class. The great majority of these costs shall be collected through the variable charge. However, customer billing and costs related to infiltration/inflow shall be collected though the fixed charge.
USER CLASSES
Categories of users having similar flows and water characteristics, levels of biochemical oxygen demand, suspended solids, phosphorus, ammonia nitrogen, etc. For the purposes of this article, there shall be four user classes: residential, commercial, industrial and public authority.
USER, COMMERCIAL
Any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services and who discharges primarily normal domestic sewage. This definition shall also include multifamily residences having three or more units served by a single meter.
USER, INDUSTRIAL
See "industrial user."
USER, RESIDENTIAL
Any user whose premises is used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as commercial users as defined above.
USER, UNMETERED
A user who does not have a meter installed and maintained by the City on his public or private water supply.
WASTE, INDUSTRIAL
See "industrial waste."
WASTES, SEGREGATED DOMESTIC
Wastes from nonresidential sources resulting from normal domestic activities. These activities are distinguished from industrial, trade and/or process discharge wastes.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
WASTEWATER TREATMENT FACILITIES
The wastewater treatment works defined below, excluding wastewater collection and transportation systems which deliver wastewater to the treatment plant.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for the storage, treatment, recycling and reclamation of wastewater, liquid industrial wastes and sludge. These systems include interceptor sewers, outfall sewers, wastewater collection systems, individual systems, pumping, power and other equipment and their appurtenances, any works that are an integral part of the treatment process or are used for ultimate disposal of residues from such treatment, or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal or industrial wastes. In other words, the equipment, sewers, capital improvements and all other devices or structures of any kind which are used for the collection, storage, treatment, recycling, reclamation and disposal of wastewater, liquid industrial waste and sludge.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
WATER, UNPOLLUTED
Water of any quality equal to or better than the effluent criteria in effect, 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.
WPDES PERMIT
Permit issued under the Wisconsin Pollution Discharge Elimination System, Ch. NR 210, Wis. Adm. Code.
[1]
Editor's Note: The definition of "replacement fund" which immediately followed this definition was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 10-18-2005 by Ord. No. 17-05; 7-2-2018 by Ord. No. 5-18]
A. 
Sewer users served by Water Utility water meters.
(1) 
With the exception of residential-class customers, each lot, parcel of land, building or premises having a connection with the wastewater system and being served with water solely by the Water Utility, the quantity of wastewater for billing purposes shall be measured by the Water Utility water meter used upon the premises.
(2) 
If a user feels that a significant amount of water metered does not reach the sanitary sewer due to lawn or garden watering, etc., said user can, at his/her own expense, through the approving authority, install a second water meter and/or service that would monitor flow of water used for lawn and garden watering, noncontact cooling water or other similar purposes. Charges for sewer use would be made based on the difference between the two meter readings. If a second meter and service are installed, charges for sewer use shall be based on the actual water metered from the service which ultimately discharges into the sanitary sewer system.
(3) 
Requests for usage adjustments, or a second meter or service, shall be made, in writing, to the approving authority. Charges for a second meter or service shall be made in accordance with Subsection B below.
(4) 
If the high-volume commercial or industrial user produces evidence satisfactory to the approving authority that more than 20% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the approving authority and the user. Satisfactory evidence shall be evidence obtained by approved metering.
B. 
Sewer users served by private wells. Sewer users served by private wells shall be required to do the following:
(1) 
If a person discharging into the public sanitary sewer system procures any part or all of his water sources from other than the Water Utility, all or part of which is discharged into the public sewer system, the person shall be required to have water meters installed for the purpose of determining the volume of water obtained from each of these other sources. Where sewage meters are already installed, the water meters will not be required. The water meters shall be furnished by the Jefferson Utilities and installed under their supervision, all costs being at the expense of the person acquiring the meter.
(2) 
The Jefferson Utilities shall charge for each meter a rental charge set by the Utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed.
C. 
Measurement of flow from high-strength or toxic waste discharges. The volume of flow used for computing the variable charge shall be the metered water consumption of the user as shown in the records of the meter readings maintained by the Water Utility, except as noted in Subsection D below.
D. 
Metering and sampling of high-strength or toxic wastes. See § 230-11E of this chapter.
E. 
Free service. No user shall receive free service or pay a sewerage service charge less than the user's proportional share of all costs as defined in § 230-2 of this article.
F. 
Outside service. All users within the sewer service area shall be treated equally as to operation, maintenance and replacement sewer use charges, regardless of their location with respect to the corporate limits. All users located outside of the corporate limits will be charged 125% of the sewerage service charges. Total service charges may be adjusted to reflect variations in capital costs for outside users.
A. 
Billing period. Fixed and variable charges for all customers shall be billed on a monthly basis.
B. 
Payment. Sewerage service charges shall be payable 20 days after the billing date to the Jefferson Utilities.
C. 
Penalties. Charges levied in accordance with this article shall be a debt due to the City. If the debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent. There shall be an added penalty of 1 1/2% of the amount of the monthly bill per month, and all unpaid balances will be compounded monthly.
D. 
Notification. Each user shall be notified annually, in conjunction with a regular bill, of the rate schedule attributable to wastewater treatment services, including an explanation of the charges.
[Amended 10-18-2005 by Ord. No. 16-05; 10-18-2005 by Ord. No. 17-05; 3-18-2008 by Ord. No. 3-08; 5-18-2010 by Ord. No. 6-10; 11-13-2012 by Ord. No. 14-12; 11-18-2014 by Ord. No. 16-14; 1-5-2016 by Ord. No. 16-15; 7-2-2018 by Ord. No. 5-18]
A. 
Sewerage service charges. There is hereby levied and assessed upon each lot, parcel of land, building, premises or unit having a connection with the wastewater works a sewerage service charge based upon the quantity of wastewater discharged, pursuant to § 66.0821, Wis. Stats., as amended or renumbered from time to time. Such sewerage service charges shall be billed to the person owning, using or occupying the property served. The sewerage service charges, with the exception of residential customers, shall consist of a fixed monthly and a variable charge as set forth in the following sections. Residential-class sewerage service charges shall consist of a fixed charge only as set forth in the following section.
B. 
Fixed charge.
(1) 
With the exception of residential customers, the fixed monthly charge shall be a minimum monthly charge based, in part, upon the number of meters connected to the wastewater works and, in part, upon the size of such meter or meters. Significant contributors shall have a separately computed fixed charge which will exclude bond depreciation, bond reserve account and new debt retirement (other than I/I) components from the fixed charge shown in the following schedule, such components to be paid for pursuant to § 230-3 of this article. Residential customers will be placed into one of three tiers based on average water use as described in Subsection E.
(2) 
Fixed service charges are as follows:
Meter Size
(inches)
Monthly Charges Effective September 1, 2018
5/8
$16.30
3/4
$24
1
$40
1 1/2
$81
2
$129
3
$242
4
$403
6
$806
6 contract
$468
Rural customer surcharge
25%
(3) 
Fixed service charge for residential-class customers are as follows:
Average Monthly Water Usage
(cubic feet)
Monthly Charges Effective September 1, 2018
0 to 300
$21
301 to 600
$30
601 and up
$43
C. 
Variable charge.
(1) 
Users will be billed on a monthly basis for the volume and strength of wastewater discharged to the wastewater works.
(2) 
Normal domestic sewage. Effective September 1, 2018: $4.29 per 1,000 gallons or $3.20 per 100 cubic feet.
(3) 
Sewage of greater than normal strength.
(a) 
Charges to users discharging wastewater of greater than normal strength will be assessed a surcharge based on the amount by which the wastewater exceeds the normal strength of wastewater, which is 275 milligrams per liter BOD5, 320 milligrams per liter SS, 23 milligrams per liter NH3-N and eight milligrams per liter P. The following rates will be used:
Parameter
Monthly Charges Effective September 1, 2018
(per pound)
BOD5
$0.538
SS
$0.275
N (ammonia)
$1.699
P (phosphorus)
$7.730
(b) 
Charges to users discharging wastewater of greater than normal strength shall be computed in accordance with the formula presented below:
Effective September 1, 2018:
C = $4.29 x V + 0.00834 x V x [($0.538 x B) + ($0.275 x S) + ($1.699 x N) + ($7.730 x P)]
Where:
C
=
Charge to sewer user for operation, maintenance and replacement costs for treatment works.
V
=
Wastewater volume in 1,000 gallons.
B
=
Concentration of BOD from a user above the normal strength of 275 mg/l.
S
=
Concentration of suspended solids from a user above the normal strength of 320 mg/l.
N
=
Concentration of ammonia nitrogen from a user above the normal strength of 23 mg/l.
P
=
Concentration of phosphorus from a user above the normal strength of 8 mg/l.
$4.29
=
Charge for that portion of the waste equal to normal strength wastewater. Includes cost for treating 275 mg/l BOD5, 320 mg/l SS, 23 mg/l N and 8 mg/l P.
0.00834
=
Conversion factor (mg/l to lb).
(c) 
Surcharges will be computed by multiplying flow times strength (mg/l) daily and adding the pounds for the month. Total flow for the month will be multiplied by the residential strength and the result compared to the actual pounds discharged. Surcharges will be applied to pounds in excess of residential strength on the basis of the month's results. In no event will a user pay less per 1,000 gallons of flow than the charge for normal strength wastewater, which includes an imputed level of BOD, SS, NH3-N and P.
(4) 
Holding tank and septage waste charges to licensed dischargers shall be computed on the following basis:
(a) 
Holding tank discharges shall include the following:
Charge
Amount
Total volume/strength charge
$8.49
Surcharge of 25%
$2.12
Dumping charge
$5
Total charge per thousand gallons
$15.61
(b) 
Septage waste discharges shall include the following:
Charge
Amount
Total volume/strength charge
$44.31
Surcharge of 25%
$11.08
Dumping charge
$7.50
Total charge per thousand gallons
$62.89
D. 
Special assessments. Not included in the sewerage service charges above are the costs associated with providing local collecting facilities to users, which the City may assess by special assessment, in whole or in part, to the property benefited thereby.
E. 
Residential fixed charge. Residential sewer customers shall pay a fixed monthly charge, as set forth in Subsection B(3) for all months. The following method for calculating the volume shall be used to determine which of three tiers the residential customer falls:
(1) 
During the month of May each year, the Water Utility shall calculate the four-month average water usage for each residential customer. The four-month average shall be based on the actual water usage during the preceding four-month period (January through April, inclusive). The calculated average shall be used for each respective residential customer's sewer charge and determine which billing tier the customer will be placed for the next 12 months.
(2) 
If a residential customer is establishing new service during the year and no average water usage can be determined, the customer shall be placed into the 301 to 600 cubic feet usage tier.
A. 
Starting date. The starting date for the connection fees provided for in this section shall commence with any sewer connections occurring on or after January 1, 2002. Connection fees are due and are based on the date that the building permit for any new sanitary service connection is issued.
B. 
Calculation of connection fee. The methodology and calculation used to determine the sewer connection fees provided for herein are based on a Wastewater Connection Fee Report prepared by the project engineer dated June 2001, which is incorporated herein as though fully set forth. Any connection which does not meet the criteria set forth in Subsection C shall be determined by the methodology and calculations in said report.
C. 
Connection fee. The following are the connection fees established by year and water meter size.
Meter Size
(inches)
2002
2003
2004
2005
2006 to 2021
5/8
$500
$700
$900
$1,100
$1,100
3/4
$750
$1,050
$1,350
$1,650
$1,650
1
$1,250
$1,750
$2,250
$2,750
$2,750
1 1/2
$2,500
$3,500
$4,500
$5,500
$5,500
2
$4,000
$5,600
$7,200
$8,800
$8,800
3
$7,500
$10,500
$13,500
$16,500
$16,500
4
$12,500
$17,500
$22,500
$27,500
$27,500
6
$25,000
$35,000
$45,000
$55,000
$55,000
The City shall conduct an annual audit, the purpose of which shall be to demonstrate the continued proportionality and sufficiency of the user charges in system operation and maintenance costs, maintain accurate accounting records for the revenue and expenditures of the wastewater treatment facility and demonstrate the continued proportionality and sufficiency of the user charges relative to changes in system operation, maintenance and replacement costs. Any changes in O, M & R allocations shall be based upon sound engineering and accounting practices and the specific written opinion of a certified accountant or consulting engineer. The City shall have its accountants and engineers review the annuity rate and the actual replacement experience and maintenance practices at the plant no less than once every three years to determine whether the annual revenue addition to the replacement fund is at an appropriate level. The City may initiate such review at any time. If such reviews indicate, the City will make appropriate alterations in the amounts of revenue collected for the replacement fund and charges in treatment plant maintenance practices. Changes in the replacement fund amount shall be preceded by public hearing, and the City shall give express prior written notice of such hearings to the significant contributors to the facility and also provide standard public hearing notice to the public.
Significant contributors shall be those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD, SS, and NH3-N), 5% of the design value for that particular parameter, on such average or peak basis as the approving authority determines is appropriate.
A. 
The City may allocate a portion of capacity in the wastewater treatment facilities to specific significant contributors, particularly in the case of new construction, expansion or renovation of such facilities. Significant contributors will then pay capital costs associated with such allocated capacity.
B. 
Significant contributors will be encouraged to contract with the City as to the amount of such allocated capacity and as to the payment of associated capital costs. In exchange for a contractual commitment to pay such capital costs, the City may protect the contracting significant contributors from certain capital cost increases that might otherwise result in the absence of such a contract.
C. 
Significant contributors will be requested to advise the City of their best estimate of the level of usage of the wastewater treatment facilities that they expect to utilize through the remaining useful life of those facilities. Significant contributors who have provided reasonable projected usage levels to the City prior to a project of construction, expansion or renovation shall, in the absence of contract provision to the contrary, have their fixed charge computed on the basis of reasonable projected usage levels. The City may change the amount of allocated capacity from the projections provided by the significant contributors, provided that any opportunity for such change is made available to all significant contributors.
D. 
Significant contributors who connect to the system after any specific construction, expansion or renovation project may only be allocated capacity in that project to the extent the approving authority deems such capacity is available. In no event may capacity allocated to a significant contributor under a wastewater service with the City be changed in any way without compliance with the terms of the contract. Significant contributors who do not have a contractual commitment to pay specific capital charges may have their allocated capacities and associated capital charges reduced on a prospective basis if, in the judgment of the approving authority, the reallocated portion of the capacity should be made available to another user.
See § 230-2 of this chapter.
A. 
Sanitary sewers. No person shall discharge or cause to be discharged any unpolluted waters as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary sewer, except that stormwater runoff from limited areas (which stormwater may be polluted at times) may be discharged to the sanitary sewer by permission of the approving authority.
B. 
Connections.
(1) 
User connections. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required, at the owner's expense, to install suitable toilet facilities therein and connect such facilities directly to the proper public sewer in accordance with the provision of this article within three months after the date of official notice from the approving authority to do so.
(2) 
Connection to public sewer.
(a) 
Duty to connect. To assure preservation of public health, comfort and safety, the owner or the agent of the owner of any building used for human habitation and located adjacent to a sanitary sewer main, or in a block through which such system extends, shall connect therewith after notice as provided herein.
(b) 
Notice to connect. When a sanitary sewer main becomes available to any building used for human habitation, the Director of Public Works/Engineer or other person appointed for that purpose shall notify, in writing, the owner or his agent to connect the building thereto and to install such facilities as may be reasonably necessary. The manner of connection shall be as prescribed by the Director of Public Works/Engineer.
(c) 
Service of notice. The notice required by this Subsection B(2) shall be given in the manner prescribed by § 262.08, Wis. Stats., or by registered mail addressed to the last known address of the owner or his agent.
(d) 
Failure to connect. If the owner or his agent fails to comply after 10 days' notice as herein provided, the notifying officer may cause connection to be made and the expense thereof assessed as a special assessment tax against the property.
(e) 
Payment in installments. The owner or his agent may, within 30 days after the completion of the work, file a written option with the City Clerk/Treasurer stating that he cannot pay the cost of connection in one sum and electing that such sum be levied in five equal annual installments, with interest on the unpaid balance at 6% per annum.
(f) 
Privies, etc., prohibited, after connection. After connection of any building used for human habitation to a sewer main, no privy, cesspool, septic tank or waterless toilet shall be used in connection with such human habitation, and all such abandoned septic tanks and cesspools shall be immediately filled.
C. 
Storm sewers. Stormwater, other than that exempted under Subsection A above, and all other polluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the approving authority or other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority, to a storm sewer or natural outlet.
D. 
Prohibitions and limitations. No wastewater, regardless of character, shall be discharged to the sewage system in such a manner as to interfere with the designated operation of the collection system or treatment facilities or to cause the treatment works to exceed the limits presented by the WPDES permit.
(1) 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(b) 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process or which constitutes a hazard to humans or animals, creates a public nuisance or any hazard in, or has an adverse effect on the waters receiving any discharge from the treatment works.
(c) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
(d) 
Solid of viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., whether whole or ground by garbage grinders.
(2) 
The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment and will not have an adverse effect on the receiving stream or otherwise endanger lives, limb, or public property or constitute a nuisance. The approving authority may set limitations lower than the limitations established in the regulations below if, in its opinion, such more severe limitations are necessary to meet the above objections. In forming its opinion as to the acceptability, the approving authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment plant and other pertinent factors. The limitations on wastewater discharged to the sanitary sewer which shall not be violated without approval of the approving authority are as follows:
(a) 
Wastewater having a temperature higher than 150° F. (65° C.).
(b) 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin.
(c) 
Any water or waste which may contain more than 300 milligrams per liter of fat, oil or grease.
(d) 
Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. The installation and operation of any commercial grinder equipped with a motor of one horsepower or greater shall be subject to the review and approval of the approving authority and a permit shall be obtained prior to the installation of any such commercial garbage grinder unit. The fee for this permit shall be as set by the Common Council.
(e) 
Any waters containing iron, chromium, zinc, mercury and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater treatment works exceeds the limits established by the approving authority for such materials.
(f) 
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority.
(g) 
Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the approving authority in compliance with applicable state or federal regulations.
(h) 
Quantities of flow, concentrations or both which constitute a "slug" as defined herein or which exceed agreed capacity limitations provided for by contract between a user and the City.
(i) 
Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(j) 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
(k) 
Materials which exert or cause:
[1] 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant.
[2] 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
[3] 
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
[4] 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
E. 
Special arrangements. No statement contained in this article shall be construed as prohibiting any special agreement between the City and any person whereby an industrial waste of unusual strength or character may be admitted to the sewage disposal works, either before or after pretreatment, provided that there is no impairment of the functioning of the sewage disposal works by reason of the admission of such wastes and no extra costs are incurred by the City without recompense by the person, provided that all rates set forth in this article are recognized and adhered to.
F. 
New connection. New connections to the sewage system shall not be permitted if there is insufficient capacity in the treatment works to adequately transport and/or treat, as required by the WPDES permit, the additional wastewater anticipated to be received from such connections.
A. 
Submission of basic data.
(1) 
Within three months after passage of this article, establishments discharging industrial wastes to a public sewer shall prepare and file with the approving authority a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Such information shall be provided as per Ch. NR 101, Wis. Adm. Code.
(2) 
Similarly, each establishment desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the approving authority a report that shall include actual predicted data relating to the quantity and characteristics of the waste to be discharged.
B. 
Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the establishment to comply with the time schedule imposed by Subsection A above, a request for extension of time may be presented for consideration of the approving authority.
C. 
High-strength toxic discharges.
(1) 
If any waters or wastes are discharged, or proposed to be discharged, to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in Subsection C(2) below and which, in the judgment of the approving authority, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the approving authority may:
(a) 
Reject the wastes.
(b) 
Require pretreatment to an acceptable limit for discharge to the public sewers.
(c) 
Require control over the quantities and rates of discharge.
(d) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 230-10E of this article.
(2) 
The toxic pollutants subject to prohibition or regulation under this Subsection C shall include, but need not be limited to, the list of toxic pollutants or combination of pollutants established by § 307(a) of the Clean Water Act of 1977 and subsequent amendments. Effluent standards or prohibitions for discharge to the sanitary sewer shall also conform to the requirements of § 307(a) and associated regulations.
(3) 
Pretreatment standards for those pollutants which are determined not to be susceptible to treatment by the treatment works or which would interfere with the operation of such works shall conform to the requirements and associated regulations of § 307(b) of the Clean Water Act of 1977 and subsequent amendments. The primary source for such regulations shall be 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution.
D. 
Control manholes.
(1) 
Each user discharging industrial wastes into a public sewer may be required by the approving authority to construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of his wastes, including domestic sewage.
(2) 
Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the approving authority.
(3) 
Control manholes, access facilities and related equipment shall be installed by the establishment discharging the waste, at its expense, and shall be maintained by it so as to be in safe condition, accessible and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the approving authority prior to the beginning of construction.
E. 
Metering and sampling of high-strength or toxic wastes.
(1) 
General. Users designated by the approving authority with high levels of flow or high-strength discharge may be required to have monitoring facilities. The approving authority shall make a determination as to when metering of high levels of flow is needed as well as what frequency of sampling of high-strength wastewater is needed. Metering and sampling devices shall be installed, owned and maintained by the discharger subject to the approval of the approving authority. Access to the sampling and metering location shall be granted to the approving authority or its duly authorized representative at all times.
(2) 
Metering. Devices for measuring the volume of wastewater discharge may be required by the approving authority if the volume cannot otherwise be determined from the metered water consumption records.
(3) 
Sampling. Industrial wastes discharged into the public sewers shall be subject to periodic inspections and a determination of character and concentration of such wastes. Sampling shall be conducted in such a manner as to be representative of the composition of the waste. Every care shall be exercised in collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken. Sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority. The use of flow-proportional composite sampling is preferred.
(4) 
Maintenance. A maintenance schedule shall be accepted by the approving authority. All maintenance and equipment repair shall be performed within a reasonable time as determined by the approving authority. Failure to perform maintenance within a reasonable time shall be subject to the same forfeiture and procedural provisions as applied to violations under this article. Prior to completion of satisfactory repairs, and for any preceding period during which the approving authority determines there existed a malfunction, error or bias in the metering and sampling, the volume and strength of the wastewater for that period discharged by the discharger shall be based on historical data and a reasonable engineering estimate of flow and strength, taking account of material known production variations, all as determined by the approving authority in consultation with the discharger. If prolonged periods of breakdown are anticipated, approved interim measuring and sampling needs shall be provided and used to determine the volume and strength of wastewater. Following approval and installation of permanent or temporary metering or sampling equipment, such equipment shall not be removed without the consent of the approving authority.
F. 
Analysis.
(1) 
All measurements, tests and analyses of the characteristics of wastes and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Health Association. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis subject to approval by the approving authority.
(2) 
Determination of the character and concentration of the industrial wastes shall be made by the establishment discharging them, or its agent, as designated and required by the approving authority. The approving authority may also make its own analyses of the wastes, and these determinations shall be binding as a basis for charges.
G. 
Pretreatment. Where required, in the opinion of the approving authority, to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment works, the person shall provide, at his expense, such preliminary treatment or processing facilities as may be determined required to render his wastes acceptable for admission to the public sewers.
H. 
Submission of information. Plans, specifications, any other pertinent information relating to proposed flow equalizations, pretreatment or processing facilities shall be submitted for review of the approving authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.
I. 
Grease and/or sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 230-10D(2)(c), or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Any removal and hauling of the collected materials not performed by the owner's personnel shall be performed by currently licensed waste disposal firms.
A. 
Right of entry. The City Director of Public Works/Engineer, Plant Superintendent or other duly authorized employee of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, and testing, all in accordance with the provision of this article and state laws. The City Director of Public Works/Engineer, Plant Superintendent or other duly authorized employee of the City shall have no authority to inquire into any process beyond that point having bearing on the kind and source of discharge to the sewers or waterways or facilities for wastewater treatment.
B. 
Safety. While performing the necessary work on private premises referred to in Subsection A above, authorized City employees shall observe all safety rules applicable to the premises established by the owner or occupant, and the City shall indemnify the owner against loss or damage to its property by the City employees and against the liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation of the City employees, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 230-11D of this article. The City shall report to the owner or occupant any unsafe conditions.
C. 
Identification; right to enter easements. The City Director of Public Works/Engineer, Plant Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement, all subject to the terms, if any, of the agreement.
A. 
Work authorized.
(1) 
No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the approving authority. The fee for this permit shall be as set by the Common Council and shall be paid prior to the issuance of the permit.
(2) 
No contractor, plumber, pipe fitter or other person shall be permitted to do work on any public or building sewer without first receiving a license from the state and posting a bond of $1,500 with the approving authority, except in cases where state law permits building owners to do their own work without being licensed. Such bond shall be released upon satisfactory inspection of the work in accordance with Subsection H below.
(3) 
Prior to commencement of the work, the permittee shall notify the City at least 48 hours before beginning excavations.
B. 
Cost of sewer connection. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The owner shall be responsible for all maintenance costs.
C. 
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the approving authority, to meet all requirements for this article.
D. 
Materials and methods of construction. The size, slope, alignment and materials of construction of the building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Wisconsin Administrative Code, the State Department of Natural Resources, Building and Plumbing Codes and other rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
E. 
Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
F. 
Stormwater and groundwater drains.
(1) 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a public sanitary sewer.
(2) 
All existing downspouts or groundwater drains, etc., connected directly or indirectly to a public sanitary sewer shall be disconnected no later than 60 days from the date of an official written notice by the approving authority. Exceptions to the above shall be made only by the approving authority in writing.
G. 
Conformance to Building and Plumbing Codes.
(1) 
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials shall be approved by the approving authority before installation.
(2) 
All connections to existing sewer mains shall be made with a saddle "T" or "Y" fitting set upon a carefully cut opening centered in the upper quadrant of the main sewer pipe and securely strapped on with corrosion-resistant straps or rods, or with solvent-welded joints in the case of plastic pipes.
H. 
Inspection of connection. The applicant for the building sewer permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the approving authority. The cost of one inspection is included in the permit fee. Additional inspections, if required, shall be at the expense of the applicant.
I. 
Barricades; restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
A. 
No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any portion of the City treatment works unless a permit for disposal has been first obtained from the City. Written application for this permit shall be made to the City and shall state the name and address of the applicant, the number of its disposal units and the make, model and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee as set by the Common Council per calendar year for each licensed hauler or contractor. The time and place of disposal will be designated by the City. The City may impose such conditions as it deems necessary on any permit granted.
B. 
Charges for disposal shall be established in accordance with the City user charge system. Bills shall be mailed on a monthly basis, and if payments are not received within 30 days thereof disposal privileges shall be suspended.
C. 
Any person or party disposing of septic tank or holding sludge agrees to carry public liability insurance in an amount not less than $100,000 to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or failure to act, by any of his employees. Such person shall furnish a certificate certifying such insurance to be in full force and effect.
D. 
All materials discharged to the treatment works shall be of domestic origin only, and septic tank wastes shall be segregated from holding tank wastes. The discharger shall also certify that he will comply with any and all applicable provisions of the City and will not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids, or other deleterious substances into any manhole or allow any earth, sand or other solid material to pass into any part of the treatment works.
E. 
The person or party disposing waste shall furnish bond to the City in the amount of $1,000 to guarantee performance. Such performance bond shall be delivered to the City prior to the issuance of the permit hereunder.
F. 
Any disposal of septic or holding tank wastes by any person or corporation which has not paid the license fee in full or which discharges such wastes without notifying the City or at times other than as designated by the City shall be in violation of this article and subject to the penalty provided in § 230-16 hereof.
G. 
Violation of any of these provisions shall render the discharger subject to immediate suspension and/or revocation of his disposal privileges and may make him liable to the penalty provision of this article as outlined in § 230-16 hereof. The City also retains the right to suspend or revoke any disposal privileges upon 30 days' notice if, in the opinion of the approving authority, the acceptance of such wastewater would cause the treatment works to violate the provisions of its WPDES permit due to the volume or character of the wastes. Upon such suspension or revocation, the approving authority shall refund a proportionate share of the permit fee.
A. 
Willful, negligent or malicious damage. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewage facilities. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.
B. 
Liability to discharger for losses. Any person who intentionally, negligently or accidentally violates any provisions of this article shall become liable to the City or any downstream user for any expense, loss or damage occasioned by reason of such violation which the City or any downstream user may suffer as a result thereof. This subsection shall be applicable whether or not a written notice of the violation was given as provided in § 230-16A and without consideration for any penalties which may be imposed for a violation of this article.
A. 
Written notice of violation. Any person found to be violating any provision of this article shall be served by the City with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge, as defined in § 230-10D, into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a forfeiture, pay the amount to cover damages, both values to be established by the approving authority. Any accidental wastewater discharges which violate § 230-10D shall be reported immediately upon discharge. The City shall address any potential forfeitures within 15 days after the end of the month in which the violation is reported or detected, whichever is later.
C. 
Accidental discharge penalties. The City may levy a minimum forfeiture of $500 for an accidental discharge that is reported immediately or a minimum forfeiture of $1,500 for an unreported accidental discharge.
D. 
Continued violations. Except as provided for in Subsection C above, any person, partnership or corporation, or any officer, agent, or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, forfeit not less than $1,000 nor more than $2,000, together with the costs of prosecution. In default of payment of such forfeiture and costs, such violator shall be imprisoned in the county jail for a period not to exceed 30 days. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
E. 
Liability to the City for losses. Any person violating any provision of this article shall become liable to the City for any expense, loss or damage occasioned by reason of such violation which the City may suffer as a result thereof.
[Added 4-19-2011 by Ord. No. 4-11]
A. 
This section applies to any dental office that places or removes 10 or more amalgam fillings per calendar year. If work in a dental office is limited to work that does not involve placing or removing amalgam, such as orthodontics, periodontics, oral and maxillo-facial surgery, endodontics, or prosthodontics, then this section does not apply.
B. 
All dental offices shall implement best management practices for amalgam as established by the Wisconsin Dental Association.
C. 
Within the shortest reasonable time, but not later than July 1, 2012, every vacuum system where amalgam is placed or removed shall include an amalgam separator that meets the criteria of the International Standards Organization (ISO 11143). Dental offices shall install, operate, and maintain the amalgam separator according to instructions provided by the manufacturer. The amalgam separator shall have a design and capacity appropriate for the size and type of vacuum system.
D. 
On or before July 1, 2012, each dental office shall provide a report providing the following information:
(1) 
If installation of the amalgam separator is complete, then the report shall identify the manufacturer, and the installation date.
(2) 
If installation of the amalgam separator is incomplete, then the report shall briefly explain the delay, provide an installation schedule, and identify the manufacturer and the model name of the amalgam separator that will be installed.
E. 
If a dental office has provided a report according to Subsection D(2), then the dental office shall notify the wastewater facility of the completion of installation within five days after completion.
F. 
From the contractors used to remove amalgam waste, dental offices shall obtain records for each shipment showing:
(1) 
The name, address, and the telephone number of the initial recipient of the amalgam waste.
(2) 
The shipping date and a volume or mass for each shipment.
(3) 
The final location where the mercury will be recovered.
G. 
Dental offices shall maintain these records for a minimum of five years. Dental offices shall send a copy of these records by January 31, for the previous calendar year, to the wastewater facility.
H. 
Dental offices shall allow the wastewater facility to inspect the vacuum system, amalgam separator, and amalgam waste storage areas.
I. 
Inspections shall occur during the normal operating hours of the dental office. The wastewater plant shall inspect dental offices according to appointments made in advance, as long as this advanced notice does not impede enforcement of this section.
J. 
If a dental office is implementing the best management practices required by Subsection B, and is maintaining the amalgam separator required by Subsection C, then any numerical discharge limit for mercury established in any other section of this chapter does not apply.
K. 
Violations and penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in Chapter 1, Article I, of this Code. The initial forfeiture is set at $100 for the first offense, and $200 for each offense thereafter, but may be set annually by the Council and itemized in § 1-4C(1) of the City Code, together with the actual cost of prosecution.
A. 
Any user, permit applicant or holder affected by any decision, action or determination, including cease and desist orders, made by the approving authority interpreting or implementing the provisions of this article, or in any permit issued herein, may file with the approving authority a written request for reconsideration within 10 days setting forth in detail the facts supporting the user's request for reconsideration.
B. 
The approving authority shall render a decision on the request for reconsideration to the user, permit applicant or holder in writing within 15 days of receipt of the request. If the ruling on the request for reconsideration made by the approving authority is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the approving authority's action, file a written appeal with the City Administrator.
C. 
A fee as set by the Common Council shall accompany any appeal for a ruling by the Common Council. This fee may be refunded if the appeal is sustained in favor of the appellant.
D. 
The written appeal shall be heard by the Common Council within 45 days from the date of filing. The Common Council shall make a final ruling on the appeal within 60 days from the date of filing.[1]
[1]
Editor's Note: Original § 13.40, Audit, which immediately followed this section, was deleted 10-18-2005 by Ord. No. 17-05. See now § 230-7, Annual audit.
The City, through its qualified officers, reserves the right to amend this article in part or in whole wherever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and proper hearing on the proposed amendment.
Except as otherwise provided in this article, any person who shall violate any provision of this article or any order, rule or regulation made thereunder, or any of the rules and regulations on file with the Public Service Commission, shall be subject to a penalty as provided in Chapter 1, Article I of this Code.