[HISTORY: Adopted by the Town Board of the Town of Trenton as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-7-1989 as Title 6, Ch. 3 of the 1989
Code]
The purpose of this article is to regulate the installation, use and
maintenance of holding tanks as private sewage systems within the Town of
Trenton. The installation, use and maintenance of holding tanks shall be permitted
only under the terms and conditions set forth herein. The Town of Trenton
deems it necessary to have a holding tank ordinance as an acceptable measure
for the replacement of an existing inadequate sanitary facility presently
in use or for a new facility that was unable to obtain an on-site soil absorption
system for domestic sewage.
The installation, use and maintenance of holding tanks shall comply with Ch. Comm 81, Wis. Adm. Code, Chapter 350, Subdivision of Land, and Chapter 380, Zoning, of this Code, the Town's Comprehensive Plan and the county's subdivision regulations and land use plans, and in the event of a conflict the stricter provision shall apply.
[Adopted 11-7-1989 as Title 5, Ch. 2 of the 1989
Code]
The following definitions are applicable to this article:
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.
That part of the lowest horizontal piping of a drainage system which
receives the discharge from soil, waste and other drainage pipes inside the
walls of the building and conveys it to the building sewer.
The extension from the building drain to the public sewer or other
place of disposal beginning outside the inner face of the building wall.
The residue from the preparation, cooking and dispensing of food
and from the handling, storage and sale of food products and produce.
The wastewater from industrial process, trade or business, as distinct
from sanitary sewage, including cooling water and the discharge from sewage
pretreatment facilities.
Concentrations of BOD no greater than 160 milligrams per liter, suspended
solids no greater than 330 milligrams per liter, phosphorus no greater than
11 milligrams per liter, and nitrogen no greater than 18 milligrams per liter.
Includes all costs, direct and indirect, not including debt service,
but inclusive of expenditures attributable to administration, replacement
of equipment and treatment and collection of wastewaters necessary to ensure
adequate wastewater collection and treatment on a continuing basis which conform
to applicable regulations and assure optimal long-term facility management.
Any and all persons, including any individual, firm, company, municipal
or private corporation, association, society, institution, enterprise, governmental
agency or other entity.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of the hydrogen ions in grams per liter of
solution. Neutral water, for example, has a pH value of seven and hydrogen-ion
concentration of 10-7.
The expenditures for obtaining and installing equipment, accessories
or appurtenances necessary during the service life of the treatment works
to maintain the capacity and performance for which such works were designed
and constructed. The term "operation and maintenance costs," as outlined in
Appendix B, Table 2, incorporated by reference and on file with the Wallace
Lake Sanitary District, includes replacement costs.
A sewer that carries liquid and water-carried wastes from residences,
commercial buildings, industrial plants and institutions, together with minor
quantities of groundwater, stormwater and surface water that are not admitted
intentionally.
Includes debt service and cost of operation, maintenance and replacement.
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.[1]
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
Water Works Association and the Federation of Sewage and Industrial Wastes
Associations.
A drain or sewer for conveying water, groundwater, subsurface water
or unpolluted water from any source.
Solids that either float on the surface of, or are in suspension
in, water, wastewater or other liquids and that are removable by laboratory
filtering as prescribed in Standard Methods for Examination of Water and Wastewater
and are referred to as "nonfilterable residue."
The system of charges levied on users for the cost of operation and
maintenance, including replacement requirements on new and old wastewater
collection and treatment facilities.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "waste treatment."
A natural or artificial channel for the passage of water, either
continuously or intermittently.
A document issued by the Wisconsin State Department of Natural Resources
which establishes effluent limitations and monitoring requirements for the
municipal wastewater treatment facility.
A.Â
Management. The management, operation and control of
the sewer system for the Wallace Lake Sanitary District is vested in the Commissioners
of said Wallace Lake Sanitary District; all records, minutes and all written
proceedings thereof shall be kept by the Secretary of the Wallace Lake Sanitary
District; the Business Manager of the Wallace Lake Sanitary District shall
keep all the financial records.
B.Â
Construction. The Sewer Utility of the Wallace Lake Sanitary
District shall have the power to construct sewer lines for public use and
shall have the power to lay sewer pipes in and through the alleys, streets
and public grounds of said District and generally to do all such work as may
be found necessary or convenient in the management of the sewer system. The
Wallace Lake Sanitary District shall have power by itself, its officers, agents
and servants to enter upon any land for the purpose of making examination
or supervising in the performance of its duties under this article, without
liability therefor, and the Sanitary District shall have power to purchase
and acquire for the District all real and personal property which may be necessary
for construction of the sewer system or for any repair, remodeling or additions
thereto.
C.Â
Condemnation of real estate. Whenever any real estate
or any easement therein, or use thereof, shall, in the judgment of the Wallace
Lake Sanitary District, be necessary to the sewer system and whenever, for
any cause, an agreement for the purchase thereof cannot be made with the owner
thereof, the Wallace Lake Sanitary District shall proceed with all necessary
steps to take such real estate easement or use by condemnation in accordance
with Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition
Policy Act of 1970, if federal funds are used.
D.Â
Title to real estate and personalty. All property, real,
personal and mixed, acquired for the construction of the sewer system and
all plans, specifications, diagrams, papers, books and records connected with
said sewer system, and all buildings, machinery and fixtures pertaining thereto,
shall be the property of said Wallace Lake Sanitary District.
The rules, regulations and sewer rates of the Wallace Lake Sanitary
District of Washington County hereinafter set forth shall be considered a
part of the contract with every person, company or corporation who or which
is connected with the sewer system of the Wallace Lake Sanitary District,
and every such person, company or corporation by connecting with the sewer
system shall be considered as expressing his or its assent to be bound thereby.
Whenever any of said rules and regulations, or such others as said Wallace
Lake Sanitary District of Washington County may hereafter adopt, are violated,
the service shall be shut off from the building or place of such violation
(even though two or more parties are receiving service through the same connection)
and shall not be reestablished except by order of the Wallace Lake Sanitary
District and on payment of all arrears, the expenses and established charges
of shutting off and putting on and such other terms as the Wallace Lake Sanitary
District may determine and a satisfactory understanding with the party that
no further cause for complaint shall arise. In case of such violation, said
Wallace Lake Sanitary District furthermore may declare any payment made for
the service by the party or parties committing such violation to be forfeited
and the same shall thereupon be forfeited. The right is reserved to Wallace
Lake Sanitary District to change said rules, regulations and sewer rates from
time to time as it may deem advisable and to make special rates and contracts
in all proper cases.
The following rules and regulations for the government of licensed plumbers,
sewer users and others are hereby adopted and established:
A.Â
Plumbers. No plumber, pipe fitter or other person will
be permitted to do any plumbing or pipe fitting work in connection with the
sewer system without first receiving a license from the State of Wisconsin.
B.Â
Users.
(1)Â
Application for service.
(a)Â
Every person connecting with the sewer system shall file
an application in writing with the Wallace Lake Sanitary District Business
Manager on such forms as are prescribed for that purpose. Blanks for such
applications will be furnished at the office of the Wallace Lake Sanitary
District Business Manager. The application must state fully and truly all
the use which will be allowed, except upon further application and permission
regularly obtained from said Wallace Lake Sanitary District. If the applicant
is not the owner of the premises, the written consent of the owner must accompany
the application. Persons connected to the sewer system of the Wallace Lake
Sanitary District of Washington County are referred to herein as "users."
(b)Â
The application may be for service to more than one building
or more than one unit of service through one service connection, and in such
case charges shall be made accordingly.
(c)Â
If it appears that the service applied for will not provide
adequate service for the contemplated use, the Wallace Lake Sanitary District
may reject the application. If the Wallace Lake Sanitary District shall approve
the application, it shall issue a permit for services as shown on the application.
(2)Â
Tap permits. After sewer connections have been introduced
into any building or upon any premises, no plumber shall make any alterations,
extensions or attachments unless the party ordering such tapping or other
work shall exhibit the proper permit for the same from the Wallace Lake Sanitary
District.
(3)Â
User to keep in repair. All users shall keep their own
service pipes in good repair and protected from frost at their own risk and
expense and shall prevent any unnecessary overburdening of the sewer system.
(4)Â
User use only. No user shall allow others or other services
to connect to the sewer system through his lateral.
(5)Â
User to permit inspection. Every user shall permit the
Wallace Lake Sanitary District, or its duly authorized agent, at all reasonable
hours of the day, to enter his or its premises or building to examine the
pipes and fixtures and the manner in which the drains and sewer connections
operate and must, at all times, frankly and without concealment, answer all
questions put to him or it relative to its use.
(6)Â
Utility responsibility. It is expressly stipulated that
no claim shall be made against said Wallace Lake Sanitary District or any
employees, agents or officers by reason of the breaking, clogging, stoppage
or freezing of any service pipes, nor from any damage arising from repairing
mains, making connections or extensions or any other work that may be deemed
necessary. The right is hereby reserved to cut off the service at any time
for the purpose of repairs or any other necessary purpose, any permit granted
or regulation to the contrary notwithstanding. Whenever it shall become necessary
to shut off the sewer service within the district of said Wallace Lake Sanitary
District, the District shall, if practicable, give notice to each and every
consumer within such affected district of the time when such service will
be so shut off.
C.Â
Excavations.
(1)Â
In making excavations in streets or highways for laying
service pipe or making repairs, the paving and earth removed must be deposited
in a manner that will occasion the least inconvenience to the public.
(2)Â
No person shall leave any such excavation made in any
street or highway open at any time without barricades, and during the night
warning lights must be maintained at such excavations.
(3)Â
In refilling the opening, after the service pipes are
laid, the earth must be laid in layers of not more than nine inches in depth
and each layer thoroughly compacted to prevent settling. This work, together
with the replacing of sidewalks, ballast and paving, must be done so as to
make the street as good, at least, as before it was disturbed and satisfactory
to the Wallace Lake Sanitary District. No opening of the streets for tapping
the pipes will be permitted when the ground is frozen.
D.Â
Tapping the mains.
(1)Â
No person, except those having special permission from
the Wallace Lake Sanitary District, or persons in their service and approved
by them, will be permitted, under any circumstances, to tap the mains or collection
pipes. The kind and size of the connection with the pipe shall be that specified
in the permit or order from said Wallace Lake Sanitary District.
(2)Â
Pipes should always be tapped on the top half and not
within six inches (15 centimeters) of the joint or within 24 inches (60 centimeters)
of another lateral connection.
F.Â
Septic tank and holding tank disposal. No person in the
business of gathering and disposing of septic tank sludge or holding tank
sewage shall transfer such material into any disposal area or sewer manhole
located within the District boundaries.
A.Â
It shall be the policy of the Wallace Lake Sanitary District
to obtain sufficient revenues to pay the cost of the annual debt retirement
payment on any bonded indebtedness, any required cash reserve account payment
and operation and maintenance of the sewage works, including a replacement
fund (i.e., a cash account to be used for future expenditures for obtaining
or installing equipment, accessories or appurtenances which are necessary
to maintain the capacity and performance of the sewage works during the service
life for which such works were designed and constructed), through a system
of user charges as defined in this section. The system shall assure that each
user of the sewage works pays a proportionate share of the cost of such works.
B.Â
All sewer users shall be classified by the Utility as
residential/commercial (domestic strength) or industrial customers.
D.Â
The minimum quarterly billing shall be sufficient to
pay the annual debt retirement and FmHA reserve account costs. A portion of
the debt service and reserve account may be budgeted by levying an ad valorem
tax in accordance with state statutes. The unit price per volume shall be
sufficient to pay the annual cost of operation and maintenance, including
any replacement fund, of the sewage works. Users will be notified annually
of the portion of user charges or ad valorem taxes attributable to wastewater
treatment services.
E.Â
Determination of user charges.
(1)Â
The methodology of determining the user charges is given
in Appendix B, incorporated by reference and on file with the Wallace Lake
Sanitary District. The Utility shall provide the initial estimates of number
of UCE costs, etc., to calculate the first year's user charges.
(2)Â
The user charges, and this article, shall be reviewed
not less than biennially. Such review shall be performed by the Wallace Lake
Sanitary District Commissioners and the Wallace Lake Sanitary District Business
Manager. User charges shall be adjusted, as required, to reflect actual number
and size of users and actual costs.
F.Â
Charges.
(1)Â
(2)Â
All charges for sewerage service shall be made quarterly
and shall be payable on the first day of January, April, July and October
in each year. A three-percent penalty will be added to those bills not paid
on or before the 20th day after the due date of the bill with a minimum penalty
charge of $0.30. A failure to receive a bill shall not excuse nonpayment.
Sewerage service charges shall be a lien on the property serviced in accordance
with § 66.0821, Wis. Stats.
G.Â
Excess revenues collected from a user class will be applied
to the operation and maintenance costs attributable to that class for the
next year.
A.Â
The owner of each parcel of land adjacent to a sewer
main on which there exists a building usable for human habitation or in a
block through which such system is extended shall connect to such system within
90 days of notice in writing from the Wallace Lake Sanitary District. Upon
failure to so do, the District may cause such connection to be made and bill
the property owner for such costs. If such costs are not paid within 30 days,
such notice shall be assessed as a special tax lien against the property,
all pursuant to § 281.45, Wis. Stats.; provided, however, that the
owner may, within 30 days after the completion of the work, file a written
option with the Wallace Lake Sanitary District Secretary stating that he cannot
pay such amount in one sum and asking that it be levied in not to exceed 10
equal installments and that the amount shall be so collected with interest
at the rate of (the maximum allowed by law) per annum from the completion
of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45,
Wis. Stats.
B.Â
In lieu of the above, the Wallace Lake Sanitary District,
at its option, may impose a penalty for the period that the violation continues,
after 10 days' written notice to any owner failing to make a connection to
the sewer system, in an amount of [penalty to be as great as the average residential
user cost (per residential unit equivalent) plus 5% for administrative cost]
per month for each residential unit equivalent, payable quarterly, for the
period in which the failure to connect continues, and upon failure to make
such payment said charge shall be assessed as a special tax lien against the
property, all pursuant to § 281.45, Wis. Stats.
C.Â
This section ordains that the failure to connect to the
sewer system is contrary to the minimum health standards of said Sanitary
District and fails to assure preservation of public health, comfort and safety
of said Wallace Lake Sanitary District.
A.Â
The Utility shall maintain sewer service within the limits
of the Wallace Lake Sanitary District from the street main to the edge of
the right-of-way or permanent easement and including all controls between
the same, without expenses to the property owner, except when they are damaged
as a result of negligence or carelessness on the part of the property owner,
a tenant or an agent of the owner, in which case they will be repaired at
the expense of the property owner. All sewer services from the point of maintenance
by the system to and throughout the premises must be maintained free of defective
conditions by and at the expense of the owner or occupant of the property.
B.Â
When any sewer service is to be relaid and there are
two or more buildings on such service, each building shall be disconnected
from such service and a new sewer service shall be installed for each building.
A.Â
It shall be unlawful for any person, company or corporation
to willfully injure the sewer system, or any building, machinery or fixture
pertaining thereto, or to willfully and without authority of the Sanitary
District bore or otherwise cause to leak any tunnel, aqueduct, reservoir,
pipe or other thing used in the system for holding, conveying or collecting
sewage.
B.Â
It shall be unlawful for any person to introduce sewage
into the system which shows an excess of a BOD or suspended solids concentration
in excess of normal domestic sewage; a surcharge shall be based on the excess
of BOD or suspended solids at a rate of $0.50 per pound. The District reserves
the right to test the sewage at any point within the connection system of
the user or consumer. Users discharging toxic pollutants shall pay for any
increased operation and maintenance or replacement costs caused by the toxic
pollutants.
C.Â
No user shall discharge or cause to be discharged any
of the following described liquids or solid wastes to any sanitary sewer:
(1)Â
Any stormwater, surface water, groundwater, roof runoff,
surface drainage, or foundation footing drains or tiles or clear water sump
pump discharge.
(2)Â
Any gasoline, benzene, naphtha, fuel oil and other flammable
or explosive liquid, solid or gas.
(3)Â
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid
or sticky substance capable of causing obstruction of the flow in sewers or
other interference with the proper operation of the sewage works.
(4)Â
Any water or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment process,
constituting a hazard to humans and animals, or create any hazard in the receiving
treatment facility.
(5)Â
Any water or wastes containing suspended solids of such
character and quantity that unusual attention or expense is required to handle
such material at the sewage treatment plant.
(6)Â
Any noxious or malodorous gas or substance capable of
creating a public nuisance.
(7)Â
Any garbage that has not been properly shredded.
(8)Â
Any liquid or vapor having a temperature higher than
150° F.
(9)Â
Any water or wastes which may contain more than 100 parts
per million by weight of fat, oil or grease.
(10)Â
Any water or wastes having pH lower than 5.5 or higher
than 9.0 having any corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the sewage works.
The Sanitary District shall have the right of recovery from all persons
of any expense incurred by said Sanitary District for the repair or replacement
of any sewer pipe damaged in any manner by any person, company or corporation
by the performance of any work under his or its control or by any negligent
act.
Any person, company or corporation who or which shall violate any of the provisions of this article or rules or regulations of the Wallace Lake Sanitary District of Washington County or who or which shall connect a service pipe without first having obtained a permit therefor or who or which shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code or any other materials which are incorporated by reference shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-5. This, however, shall not bar the Sanitary District from enforcing the connection duties set out in § 325-8 for mandatory hookup.
The maintenance and use of septic tanks and other private sewage disposal systems within the area of the Wallace Lake Sanitary District of Washington County serviced by its sewer system are hereby declared to be a public nuisance and a health hazard. From and after 90 days after completion of construction of the sanitary sewer system and notice in writing to hook up per § 325-8, the use of septic tanks or any private sewage disposal system within the area of the Wallace Lake Sanitary District serviced by the sewerage system shall be prohibited.
Whenever premises served by the Sanitary District are to be vacated
or whenever any person, company or corporation desires to discontinue service
from the District, the District must be notified in writing. The owner of
the premises shall be liable for any damages to the property or such damage
which may be discovered as having occurred to the property of the system other
than through the fault of the system or its employees, representatives or
agents.
All sewer service charges and special assessments shall be a lien on
a lot, part of a lot or land on which sewer services were supplied. All sums
which have accrued during the preceding year and which are unpaid by the first
day of October in any year shall be certified to the Trenton and Barton Town
Clerks to be placed on the tax roll for collection as provided by Wisconsin
Statutes.
A.Â
A unit of service shall consist of any residential, commercial,
industrial or charitable aggregation of space or area occupied for a distinct
purpose, such as a residence, apartment, flat, store, office, industrial plant,
church or school. Each unit of service shall be regarded as one consumer.
Suites in houses or apartments with complete housekeeping functions (such
as cooking) shall be classed as apartment houses, thus houses and apartments
having suites of one, two or more rooms with toilet facilities, but without
a kitchen for cooking, are classed as rooming houses.
B.Â
When a consumer's premises has several buildings for
which services are eligible and such buildings are used in the same business
and connected by the user, the District shall set a separate rate for such
complex.
There are hereby adopted all the rules and regulations of the State
Plumbing and State Building Codes and the building rules of the Department
of Commerce and the Department of Natural Resources of the State of Wisconsin
insofar as the same are applicable to the Wallace Lake Sanitary District of
Washington County. All extensions of the system will comply with administrative
rules in Chs. NR 108 and NR 110, Wis. Adm. Code, of the Department of Natural
Resources.
