[Adopted 12-17-1985 by Ord. No.
389 as Secs. 6.11 and 6.20 of the 1985 Code]
[Amended 7-15-2008 by Ord. No. 681; 11-18-2014 by Ord. No. 753]
When the Village constructs storm sewers in streets that are
being reconstructed or resurfaced, the Village shall extend storm
sewer laterals to each property abutting the right-of-way of the reconstructed
or resurfaced street. The cost of the storm sewer main shall be the
responsibility of the Village and the cost of the storm sewer lateral
from the main to the building or structure on the abutting property
shall be the responsibility of the property owner. Laterals will be
sized in accordance with the State Plumbing Code, with the minimum
size being four-inch diameter.
[Added by Ord. No. 386; amended 7-15-2008 by Ord. No. 681; 11-18-2014 by Ord. No. 753; 3-7-2023 by Ord. No. 825]
A. Required connection. Except as provided in Subsection
B hereof, when a storm sewer lateral is installed to a property, the property owner shall have a sump pump installed and connected to the lateral within one year of lateral installation for the purpose of discharging clear water from foundation drains and ground infiltration. Lateral connection to the property sump pump shall be the responsibility of the property owner and shall be in compliance with local and state plumbing codes.
B. Waiver of required connection. A property owner may petition the
Village Board for a waiver from the requirement to connect a sump
pump to the storm sewer lateral serving the property. The Village
Board may grant a waiver of the sump pump connection requirement under
the following circumstances:
(1) If the property owner demonstrates to the Village by clear and convincing
evidence that there is no clear water infiltration whatsoever from
the property into the Village sanitary sewer system, and the property
owner executes a written waiver agreement approved by the Village
Board; or
(2) If the property owner demonstrates to the Village by clear and convincing
evidence, including detailed cost estimates, that the cost to install
a clear water drainage system including sump pump connection would
result in financial hardship as defined herein to the property owner,
the Village Board determines that the property owner's situation
is unique and that the financial hardship to the property owner exceeds
the benefit to the Village or the public, and the property owner executes
a written waiver agreement approved by the Village Board.
C. Evidence. The evidence to be provided by a property owner requesting a waiver under Subsection
B shall include a video recording made in the presence of a Village employee, at the property owner's expense, showing the sanitary sewer lateral from inside the building to the lateral connection with the Village's sanitary sewer main, the floor drain connections, and all clean out connections in the front and back of the basement. The Village may conduct such other inspections of the property deemed necessary by the Village, at the property owner's expense, to determine whether a waiver should be issued.
D. Other clear water disposal. Where no storm sewer system is available
to a property or a storm sewer is not adequate to receive the anticipated
flow, clear water or stormwater shall be disposed of in such a manner
as will not constitute a public nuisance as defined herein.
E. Illicit discharges and connections to the storm sewer system.
(1) No person shall dump or dispose of materials other than stormwater
into the municipal separate storm sewer system. The accidental discharge
of substances other than stormwater into the municipal separate storm
sewer or water of the state in the Village shall immediately be reported
to the Village Department of Public Works, Village Police Department
or Wisconsin Department of Natural Resources.
(2) No person shall discharge polluted stormwater from industrial activity
into the municipal separate storm sewer system.
(3) In the event that the Village of Saukville municipal separate storm
sewer system is connected to another municipal separate storm sewer
system, an appropriate intermunicipal agreement shall be created to
control the contribution of pollutants from one system to another.
(4) The Village of Saukville shall carry out inspections, surveillance,
and monitoring procedures to detect illicit discharges into the municipal
separate storm sewer system.
(5) Whenever the Village of Saukville finds that a person (or entity)
has violated or failed to meet a requirement of this section, the
Village may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
(a)
The performance of monitoring, analyses, and reporting:
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The immediate abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
and
(e)
The implementation of source control or stormwater best management
practices. If abatement of a violation and/or restoration of affected
property is required, the notice shall set forth a deadline within
which such remediation or restoration must be completed within 72
hours of notification. Said notice shall further advise that should
the violator fail to remediate or restore within the established deadline,
the work will be done by a designated governmental agency or a contractor
and the expense thereof shall be charged to the violator.
(6) No person shall discharge, spill or otherwise deposit substances
or materials which are not entirely composed of stormwater onto driveways,
sidewalks, parking lots or other impervious or pervious areas that
drain into the streams and watercourses within the village.
(7) The following discharges are exempt from the provisions of this article:
(a)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources;
(b)
Discharges resulting from firefighting activities;
(c)
Discharges from uncontaminated groundwater, portable water sources,
roof drains, foundation drains and foundation drain sump pump discharges,
air-conditioning condensation, lawn watering, watering main and hydrant
flushing and swimming pools, if the pool water has been dechlorinated;
(d)
Discharges from individual automobile washing by automobile
owners not involving any commercially zoned site;
(e)
Agricultural activities if such activities are done in a manner
consistent with good soil and water conservation practices;
(f)
Facility maintenance activities undertaken by any federal, state,
county or municipal agency if facility maintenance is done in accordance
to all applicable construction erosion control measures.
F. Definitions. As used in this section, the following terms shall have
the meanings indicated:
FINANCIAL HARDSHIP
The fact or condition under which the strict application
of this section to a particular property is unduly costly in relation
to the property owner's income or assets or the fair market value
of the property without a sump pump installed and connected to a storm
sewer lateral.
ILLICIT CONNECTIONS
An illicit connections is defined as either of the following:
(1)
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, processed wastewater, and wash water,
to enter the storm drain system and any connections to the storm drainage
system from indoor drains and sinks, provided that said drain or connection
had not been previously allowed, permitted, or approved in writing
by the Village of Saukville; or
(2)
Any drain or conveyance connected from a commercial or industrial
land use to the storm drainage system which has not been documented
in plans, maps, or equivalent records and approved by the Village
of Saukville.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drainage system, except as exempted in §
159-12 of this article. This includes, but is not limited to, activities related to spills, dumping and disposal of any substance or material.
PUBLIC NUISANCE
The discharge of any clear water or stormwater into a public
sanitary sewer system, on to public streets or sidewalks, or on to
property not under the control of the person making or causing such
discharge constitutes a public nuisance and is prohibited.
Except as otherwise provided in this article, any person who violates any provision of this article shall be subject to a penalty as provided in §
1-19 of this Code.
[Adopted 11-16-1999 by Ord. No. 544]
The Village Board, pursuant to the provisions
of § 66.068, Wis. Stats., does hereby declare the Village-owned
sewer system, consisting of the wastewater treatment facility, collection
system (as hereafter defined), and all other appurtenances and equipment
used for such purposes, or wastewater works (as hereafter defined)
a public utility as of August 5, 1980.
This article, its rules, regulations and rates
shall apply to all individuals, firms and corporations residing within
the corporate limits of the Village and any person, firm or corporation,
by attachment or otherwise coming in to locate within the Village
subsequent to the effective date hereof.
The meaning of terms used in this article shall
be as follows:
ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as amended by the Federal Water Pollution Act Amendments
of 1972, Pub. L. 92-500 and Pub. L. 92-243, or modified by Ch. 283,
Wis. Stats., or appropriate sections of the Wisconsin Administrative
Code adopted pursuant to Ch. 283, Wis. Stats.
AUTHORITY
The Village Board or its authorized deputy, agent or representative.
BOD
The quantity of oxygen expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five days at a temperature of 20º
centigrade. The laboratory determinations shall be made in accordance
with procedures set forth in "Standard Methods."
COLLECTION SYSTEM
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
CONNECTION CHARGE
A charge levied on users for each lateral connected to the
public sanitary sewer. The revenues generated from the connection
charge shall be used to cover expenditures relating to customer costs
and costs related to flow not directly attributable to users (infiltration/inflow).
DEBT RETIREMENT
All annual principal and interest requirements and obligations
of the Village for the wastewater works.
DOMESTIC WASTEWATER
Waterborne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial wastes and in which
the average concentrations of suspended solids is established at or
below 250 mg/l, the BOD is established at or below 200 mg/l and phosphorus
is established at or below six mg/l.
[Amended 3-6-2018 by Ord.
No. 784]
INDUSTRIAL USER
A.
Any nongovernmental, nonresidential user of
publicly owned wastewater works which discharges more than the equivalent
of 25,000 gallons per day (gpd) of sanitary wastes and whose activities
are identified in the Standard Industrial Classification Manual, 1972,
Office of Management and Budget, as amended and supplemented, under
the following divisions: Division A, Agriculture, Forestry and Fishing;
Division D, Manufacturing; Division E, Transportation, Communications,
Electric, Gas and Sanitary Services; Division I, Services. In determining
the amount of a user's discharge for purposes of industrial cost recovery,
the grantee may exclude domestic wastes or discharges from sanitary
conveniences. After applying the sanitary waste exclusion, discharges
in the above divisions that have a volume exceeding 25,000 gpd or
the weight of BOD or suspending solids (SS) equivalent to that weight
found in 25,000 gpd of sanitary waste are considered industrial users.
Sanitary wastes, for purposes of this calculation of equivalency,
are the wastes discharged from residential users.
B.
Any nongovernmental user of a publicly owned
wastewater works whose discharges contain toxic pollutants or poisonous
solids, liquid or gases in sufficient quantity, either singly or by
interaction with other wastes, to contaminate the sludge of any municipal
systems or to injure or interfere with any sewage treatment process,
or which constitutes a hazard to humans or animals, creates a public
nuisance, or creates any hazard in or has adverse effect on the waters
receiving any discharge from the treatment works, even if the industrial
user does not discharge the equivalent of 25,000 gallons per day of
sanitary wastes.
INDUSTRIAL WASTES
Any waterborne solids, liquids or gaseous wastes other than
domestic wastewater, resulting from discharging, flowing or escaping
from any commercial, industrial, manufacturing or food processing
operation or process or from the development of any natural resource,
or any mixture of these with water or domestic wastewater.
INTERCEPTING SEWER
A sewer constructed to receive the dry weather flow of untreated
or inadequately treated sewage from one or more existing sanitary
sewer system terminals, other than from a dwelling or building, that
presently discharges or formerly discharged flow directly into any
waters of the state, and convey the flow to a treatment works, or
is to serve in lieu of an existing or proposed treatment works.
METERING MANHOLE
A manhole constructed for the purpose of monitoring the discharge
of industrial waste from a single user.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
NORMAL SEWAGE
Sanitary sewage in which BOD, suspended solids or phosphorous
concentrations do not exceed normal concentrations of:
[Amended 3-6-2018 by Ord.
No. 784]
A.
A five-day 20°C., BOD of not more than 200
milligrams per liter (mg/l);
B.
A suspended solids concentration of not more
than 250 parts per million; or
C.
Phosphorous not more than six milligrams per
liter (mg/l).
OPERATION AND MAINTENANCE COST
The actual sums spent by the utility in the operation and
maintenance of its wastewater works consisting of, but not limited
to, each and all of the following purposes:
A.
Wages, salaries and employee related expenses
of operating, maintenance, clerical, laboratory and supervisory personnel,
together with fringe benefits and premiums paid on such wages and
salaries for state workers compensation coverage.
C.
Chemicals, fuel and other operating supplies.
D.
Repairs to and maintenance of the equipment
associated therewith.
E.
Premiums for hazard insurance.
F.
Premiums for insurance providing coverage against
liability for the injury to persons and/or property.
H.
Operation, licensing and maintenance costs for
trucks and heavy equipment.
I.
Consultant and legal fees.
PERSONS
Any and all persons, natural or artificial, including any
individual, firm, company, municipal or private corporation, association,
governmental agency or other entity and agents, servants or employees.
pH
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter. It shall be determined
by one of the procedures outlined in the "Standard Methods."
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights, and is controlled or owned by the public authority.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed.
RESIDENTIAL EQUIVALENT CONNECTION
The amount of sewage contributed to the system from a single-family
residence based on the following criteria, which will be recomputed
each year.
|
Flow = amount of water used by single family
units
|
|
____________________________________________________
|
|
total number single family units
|
|
BOD = 200 mg/l
|
|
SS = 250 mg/l
|
SANITARY SEWER
A sewer that conveys domestic wastewater, industrial waste
or a combination of both, and into which stormwater, surface water
and groundwater or unpolluted industrial wastewater are not intentionally
passed.
SEPTAGE
Scum, liquid, sludge or other waste from a septic tank, soil
absorption field, holding tank, vault toilet or privy. This does not
include the waste from a grease trap.
SEWER USE CHARGES
A charge levied on users to recover the component of total
operation, maintenance and capital costs of the sewerage system that
relates to sewage flow generated by users of the system. The sewer
use charge shall consist of a volumetric charge in terms of dollars
per thousand gallons ($/1,000 gallons) of domestic strength wastewater.
SLUG
Any discharge of water or wastewater which in concentration
of any given concentration or in quantity of flow exceeds for any
period longer than 15 minutes more than five times the average twenty-four-hour
concentration or flows during normal operation and shall adversely
affect the collection system and/or performance of the wastewater
treatment works.
STANDARD METHODS
The examination and analytical procedures set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater" as prepared, approved and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Federation.
STORM SEWER
A sewer which carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension
in water, sewage or other liquids and which are removable by a laboratory
filtration device. Quantitative determination of suspended solids
shall be made in accordance with procedures set forth in "Standard
Methods."
UNPOLLUTED WATER
Water of 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.
USER
A person discharging domestic wastewater or industrial wastes
into the collection system.
UTILITY
The Village Sewer Utility established by this article.
WASTE
Any solid, liquid or gaseous material or combination thereof
discharged from any residence, business building, institution and
industrial establishment into the collection system or storm sewer.
WASTEWATER
A combination of the water-carried waste discharged into
the collection system from residences, business building institutions
and industrial establishments, together with such ground surface and
storm water as may be present.
WASTEWATER WORKS
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
WPDES PERMIT
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283,
Wis. Stats.
[Amended 8-9-2014 by Ord. No. 750]
Any person who accidentally discharges wastes
or wastewater prohibited under § 159.12 into the wastewater
works or storm sewer shall immediately report such discharge to the
Wastewater Utility Superintendent.
Grease, oil and sand interceptors shall be provided
at repair garages, gasoline stations, car washes and other industrial
or commercial establishments for the proper handling of liquid wastes
containing grease in excessive amounts, oil, flammable wastes, sand
and other harmful ingredients. All interceptors shall be constructed
in accordance with the Wisconsin Plumbing Code and shall be located
as to be readily and easily accessible for easy cleaning and inspection.
All grease, oil and sand interceptors shall be maintained by the owner,
at his expense, in continuous, efficient operation at all times.
The Village shall be permitted to gain access
to such properties as may be necessary for the purpose of inspection,
observation, measurement, sampling and testing, in accordance with
provisions of this article.
When requested by the user furnishing a report
or permit application or questionnaire, the portions of the report
or other document, which might disclose trade secrets or secret processes
shall not be made available for use by the Village or any state agency
in judicial review or enforcement proceeding involving the person
furnishing the report.
The Village shall operate the sewer utility
and enforce this article in accordance with Section NR 162.11 Wis.
Adm. Code. The main items included in Section NR 162.11 are as follows:
A. The Village shall maintain a proportionate distribution
of operation and maintenance costs among users and user classes.
B. The Village shall generate sufficient revenues to
pay total operation, maintenance, replacement costs and debt service.
C. The Village shall apply excess revenues collected
from a class of users to the costs of operation and maintenance attributable
to that class for the next year and adjust the rate accordingly.
D. All user charges specifically collected for replacement
shall be deposited in a separate and distinct fund which shall be
used exclusively for replacement.
E. Users discharging toxic pollutants shall pay for any
increased operation, maintenance and replacement costs caused by the
toxic pollutants.
F. Users shall be notified at least annually, in conjunction
with a regular bill, of the rate and that portion of the user charges
which are attributable to wastewater treatment services.
G. This article shall take precedence over any terms
or conditions of agreement or contracts between the Village and users
which are inconsistent with the requirements of NR 162.11.
[Amended 6-20-2006 by Ord. No. 651; 9-5-2006 by Ord. No.
656]
A. A sewer system user or person disposing of septage
may appeal a decision made by the Village to the Utility Committee.
A written appeal request shall be submitted to the Village Administrator
within seven days of receipt of the written decision appealed from.
In the event of an appeal, the Utility Committee shall set a time
and place for hearing thereof and give to the appellant at least 10
days' notice of the hearing by mail or personal delivery. The Utility
Committee shall make a decision within 30 days of receipt of an appeal.
B. In the event a licensed septage disposer disputes
a septage disposal fee charged by the utility, the licensed disposer
shall contact the Village Administrator with its written request for
a review of the disputed fee. The Village Administrator shall then
put the item of the next month's Utility Committee agenda to review
the disputed fee and make a determination whether such fee is reasonable.
The Village of Saukville, through its duly qualified
governing body, may amend this article in part or in whole whenever
it may deem necessary.