A. 
The contracting municipalities created the Commission for the public purpose of serving the District's need to collect and treat its wastewater. As provided in the Commission Agreement and further described herein, the contracting municipalities have granted the Commission the authority to construct, manage, operate and control the regional system in a prudent and economical manner. The contracting municipalities retained the same authority with respect to construction, management, operation and control of the local system.
B. 
To further its public purpose, the Village's power and authority over the local system shall include, but not necessarily be limited to, the following:
(1) 
The Village or its designee shall have the right to enter upon any land for the purpose of examining, inspecting, supervising, managing or maintaining the local system.
(2) 
The Village shall have the right to lay and maintain local sewers in and through public alleys, streets, utility easements and public grounds within the service area. The Village agrees to and shall advise the Commission of such additions on a regular basis.
(3) 
The Village shall use good-faith efforts to use bypasses or other contingencies for all regular repairs and shall develop a contingency plan for emergency repairs so that a service cutoff can be avoided to the full extent possible. To the extent possible, the Village shall give notice to the affected customers as to the time and approximate duration of regular and emergency repairs that may affect customers.
(4) 
The Village shall cooperate with the Commission with respect to construction, management, operation and control of the regional system. The Village expressly affirms the Commission's broad authority to take such actions as are deemed necessary and prudent to maintain and protect its WPDES permit without restriction, particularly with respect to situations where the quality of the wastewater being discharged may impair the regional system or wastewater treatment plant, or to enforce proper use of the regional system, all as set forth in the Commission's regulations. (See Commission Regulations, Section 3, a copy of which is attached hereto as Exhibit A and incorporated by reference.[1])
[1]
Editor's Note: Exhibit A is on file at the office of the Village Clerk-Treasurer.
A. 
The Village, without expense to the Commission, shall maintain the local system free of any and all defects and shall take prompt action to correct conditions that continue to impair, adversely affect or restrict the regional system or the Commission's WPDES permit. Such conditions include, but are not limited to, overloading or slug loading with substances such as heavy metals or whey, and other conditions that may result in WPDES permit violations.
B. 
The Village expressly acknowledges that the Commission is not responsible or liable for the breaking, clogging, stoppage, or freezing of any portion of the local sewers; any damage arising from or related to repairs or maintenance of the local system; any damages arising or related to service cutoffs; and/or any damages arising from or related to making connections to or extending the regional system. The Village shall remain liable to the Commission for direct and consequential damages to the Commission, including engineering, legal and administrative fees, that are causally related to the failure to timely maintain and repair the local system as required by this section, and shall hold the Commission harmless and indemnify the Commission for any such damages.
Every person performing work on the local system shall observe all state and local safety rules and regulations including those established by this chapter and the Commission's regulations.
All property, real, personal, and mixed, acquired in connection with the local system, and all plans, specifications, diagrams, papers, books, and records connected therewith, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of the Village. Individual property owners served by the local and regional systems shall own their building sewers. The Village shall have all reasonable access to the local system and building sewers for all purposes set forth in this chapter and shall cooperate with the Commission with respect to the Commission's access to the same.
All notices to the Village shall be mailed, postage paid, to the Village Clerk-Treasurer, Village of Mazomanie, P.O. Box 26, 133 Crescent Street, Mazomanie, WI 53560. All files, records, minutes, and all written proceedings related to the local sewer system shall be kept in the office of the Village Clerk-Treasurer.