[HISTORY: Adopted by the Village Board of the Village of
Belleville as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 218.
Hazardous materials and pollutants — See Ch. 297.
Nuisances — See Ch. 372.
Stormwater management and erosion control — See Ch. 450.
Stormwater Utility — See Ch. 554.
Underground utilities — See Ch. 563.
Water — See Ch. 569.
Subdivision of land — See Ch. 600.
[Adopted as Sec. 8-1-7 of the 1994 Code]
Whenever public sewer service has become available to any building
used for human habitation or human occupancy, the Village Board shall
notify in writing the owner, agent or occupant thereof to connect
such facilities thereto. If such persons to whom the notice has been
given shall fail to comply for more than 90 days after notice, the
Village Board shall cause the necessary connections to be made and
the expenses thereof to be assessed as a special tax against the property
pursuant to § 281.45, Wis. Stats.
The Village Board may extend the time for connection hereunder
or may grant other temporary relief where strict enforcement would
work an unnecessary hardship without corresponding public or private
benefit.
This article is enacted pursuant to § 281.45, Wis.
Stats.
After connection to a public sewer, no privy, privy vault, private
septic systems or cesspool shall be constructed or maintained upon
such lot or parcel. After such connection, any existing privy, privy
vault, private septic system or cesspool shall be filled or removed.
[Adopted as Title 9, Ch. 2, of the 1994 Code]
This article is adopted under the authority granted by Ch. 61,
Wis. Stats.
This article shall be known and referred to and cited as the
"User Charges and Sewer Use Ordinance for the Village of Belleville,
State of Wisconsin" and hereinafter referred to as "this article."
The Village Board of the Village of Belleville, Dane and Green
Counties, Wisconsin, hereby finds that the requirements for the issuance
of state grants and the acceptance of such grants by the Village of
Belleville under the Wisconsin Grant Fund Program, § 281.57,
Wis. Stats., and the regulations of the Wisconsin Department of Natural
Resources as set forth in Ch. NR 128, Wis. Adm. Code, for the construction
of waste treatment works to improve the quality of effluent discharges
from the Village of Belleville establish:
A.
The necessity of adopting a user charge system that would be proportionate
to all classes of users and produce the revenue required to sustain
the sewage collection and waste treatment system.
B.
The necessity of enacting regulations that control the use and inflow
into wastewater treatment works.
The purpose of this article is to promote the public health,
safety, prosperity, aesthetics and general welfare of the citizens
of the Village of Belleville, Dane and Green Counties, Wisconsin,
and it is designed to provide the legislative enactments required
under § 281.57, Wis. Stats., § NR 128.20(5), Wis.
Adm. Code, and applicable (state) regulations for the acceptance of
construction grants to improve the quality of effluent discharges
from the wastewater treatment works. It is further intended to provide
for administration and enforcement of this article and to provide
penalties for its violation.
It is not intended by this article to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, rules, regulations, ordinances or permits
previously adopted or issued pursuant to law. However, wherever this
article imposes greater restrictions, the provisions of this article
shall govern.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the Village and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
For the purpose of this article, the following definitions shall
be used. Words used in the present tense include the future; the singular
number includes the plural number, and the plural number includes
the singular number. The word "shall" is mandatory and not directory,
while the word "may" is permissive.
A method of keeping accounts of the segregated resources
over several years to determine the funds available to offset capital
expenditures to maintain an ongoing, online waste treatment facility.
A separate report from other funds and shall cover the following:
To determine that financial operations are properly conducted;
Financial reports are presented fairly, and applicable laws
and regulations have been complied with;
Resources are managed and used in an economical and efficient
manner; and
Desired results and objectives are being achieved in a financially
effective manner.
Those expenditures authorized by the Village Board of the
Village and made payable from the accounts kept for the expenditures
of the user charge. Expenditures from the reserve funds shall be limited
to those for which the fund was created.
A user's loading in pounds of BOD calculated using the
billable flow and concentration of BOD in the waste as determined
by the Village Engineer. Minimum waste strength of BOD shall be the
domestic waste concentration of 200 milligrams per liter for the purpose
of billing for user charges.
A user's recorded quarterly water usage as metered by
the appropriate water utility, plus metered water from wells and other
sources, and less any sewer-exempt metered data, times the Village
approved percentage factor for wastewater entering the sewer system
outside of the metered water. Residential users on unmetered wells
and users with no history of billable flow shall have their billable
flow estimated by averaging the billable flow of other residential
users of the same class.
A user's loading in pounds of TSS calculated using the
billable flow and concentrations of TSS in the waste as determined
by the Village Engineer. Minimum waste strength of TSS shall be the
domestic waste concentration of 250 milligrams per liter for the purpose
of billing for user charges.
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory procedures in five days at 20° C.
SANITARYThat part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only and is located inside the walls of a building and conveys the sewage to the building sewer, which begins three feet outside the building wall.
STORMThat part of the lowest horizontal piping of a drainage system which receives stormwater or other clear water discharge, but receives no wastewater from sewage or other drainage pipes, and is located inside the walls of a building and conveys sewage to the building sewer, which begins three feet outside the building wall.
SANITARYThe extension from the building drain to the public sewer or other place of disposal and conveys only sanitary or industrial sewage. This is also known as a "house connection."
STORMThe extension from the building drain to the public sewer or other place of disposal and conveys stormwater or other clear water drainage but no sanitary or industrial sewage. This is also known as a "house connection."
The division of wastewater treatment customers by waste characteristics
and process discharge similarities or function, such as residential,
commercial, institutional, industrial or governmental.
A sewer whose primary purpose is to collect wastewaters from
individual point source discharges.
A combination of both wastewater and stormwater or surface
water.
A sewer intended to receive both wastewater and stormwater
or surface water.
For the purpose of the user charge system, a user engaged
in the purchase or sale of goods, or in a transaction or business,
or who otherwise renders a service.
Biochemical oxygen demand (BOD), suspended solids (SS), pH,
and fecal coliform bacteria, plus additional pollutants identified
in the National Pollutant Discharge Elimination System (NPDES) permit,
if the publicly owned treatment works was designed to treat such pollutants
and, in fact, does remove them to a substantial degree.
Placing funds in control of the Village, and if said deposit
is in the form of a bank check, deposit shall not be deemed collected
within this definition until the applicable rules of the bank's
collection procedures are fulfilled.
An annual operating cost reflecting capital consumption and
obsolescence (reduction of future service potential) of real and personal
properties.
That concentration of matter in the sewage consisting of
colloidal particulate matter one micron in diameter or less and both
organic and inorganic molecules and ions present in solution.
For the purpose of the user charge system, a user whose premises
or building is used primarily as a domicile for one or more persons
and whose wastes originate from the normal living activities of its
inhabitants.
An acquired legal right, less than fee simple, for the specific
use of land owned by others.
Any number of organisms common to the intestinal tract of
man and animals whose presence in sanitary sewage is an indicator
of pollution.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in a pretreatment
facility approved by the Village.
A pipe in which wastewater is carried under pressure.
A process improvement in the increased size facilities or
a process improvement in existing facilities that is directly anticipated
to preclude physical betterments or is an indirect improvement to
the process as a result of renewal on a cost-effective basis.
The process deficiency of a functional element of a plant
beyond the capacity of a preventive maintenance program to such extent
that a new process device or piece of equipment would be more cost-effective.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and from the commercial handling,
storage and sale of produce.
Any nontreatable waste product, including nonbiodegradable
dissolved solids.
Includes manufacturing activities involving the mechanical
or chemical transformation of materials or substances into other products.
These activities occur in establishments usually described as plants,
factories, or mills characteristically using power-driven machines
or material handling equipment.
The water unintentionally entering the public sewer system,
including sanitary building drains and sewers, from the ground through
such means as, but not limited to, defective pipes, pipe joints, connections,
or manhole walls. "Infiltration" does not include, and is distinguished
from, inflow.
The total quantity of water from both infiltration and inflow
without distinguishing the source.
The water discharged into a sanitary sewer system, including
building drains and sewers, from such sources as, but not limited
to, roof leaders; cellar, yard and area drains; foundation drains;
unpolluted cooling water discharges; drains from springs and swampy
areas; manhole covers; cross-connections from storm sewers and/or
combined sewers; catch basins; stormwater; surface runoff; street
wash waters; or drainage. "Inflow" does not include, and is distinguishable
from, infiltration.
A sewer whose primary purpose is to transport wastewater
from collection sewers to a treatment facility.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Wastewater or sewage having an average daily suspended solids
(SS) concentration of not more than 250 milligrams per liter and an
average daily BOD of not more than 200 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 conforms to applicable regulations and assures
optimal long-term facility management.
Any individual, firm, company, association, society, corporation,
or group discharging any wastewater to the wastewater treatment facility.
For the purpose of the user charge system, all equipment
owned by the Village and used in the transport and treatment of sewage.
Such equipment must be mechanical, electronic, or electrical or have
movable parts.
The term used to express the intensity of the acid or base
condition of a solution, calculated by taking the logarithm of the
reciprocal of the hydrogen ion concentration. The concentration is
the weight of hydrogen ions in grams per liter of solution.
The expansion of a physical facility to increase capacity
of the treatment works.
The material deficiency of a functional element of a treatment
plant to a point that repair as normal or preventive maintenance is
not cost-benefit effective.
The treatment of industrial sewage from privately owned industrial
sources by the generator of that source prior to introduction of the
waste effluent into a publicly owned treatment works.
A sewer which is not owned by the Village.
A sewer which is owned and controlled by the Village and
is separate from and does not include sewers owned by other governmental
units.
A station positioned in the public sewer system at which
wastewater is pumped to a higher level.
For the purpose of the user charge, all fixed physical facilities
owned by the Village and used in the transport and treatment of sewage
which do not have movable parts, such as buildings, tanks, sewers,
structures and the like.
The expenditures from reserve funds or other funds to overcome
physical and/or functional consumption of plant capacity or function
or obsolescence of the same, in order that the equivalent in function
of plant is present at the end of the anticipated useful life.
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 defined in this section, includes replacement
costs.
An account for the segregation of resources to meet capital
consumption of personal or real property.
A sewer which carries only sanitary or sanitary and industrial
wastewaters from residences, commercial buildings, industrial plants,
and institutions and to which stormwater, surface water, and groundwater
are not intentionally admitted.
The combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
including polluted cooling water and unintentionally admitted infiltration/inflow.
SANITARY SEWAGEThe combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
INDUSTRIAL SEWAGEA combination of liquid and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment and shall include the wastes from pretreatment facilities and polluted cooling water.
COMBINED SEWAGEWastes, including sanitary sewage, industrial sewage, stormwater, infiltration, and inflow, carried to the wastewater treatment facilities by a combined sewer.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
(1.25 centimeters) in any dimension.
Any industry that will contribute greater than 10% of the
design flow and/or design pollutant loading of the treatment works.
Any discharge of water or wastewater in concentration of
any given constituent or in any quantity of flow which exceeds for
any period of duration longer than 15 minutes more than five times
the allowable concentration or flows during a normal working day (i.e.,
one-, two- or three-shift operational) and shall adversely affect
the collection system and/or performance of the wastewater treatment
works.
The laboratory procedures set forth in the following sources:
Standard Methods for the Examination of Water and Wastewater, 14th
Edition, as amended, prepared and published jointly by the American
Public Health Association, American Water Works Association, and Water
Environment Federation; Methods for Chemical Analysis of Water and
Wastes, 1975, prepared and published by the Analytical Quality Control
Laboratory, United States Environmental Protection Agency; Guidelines
Establishing Test Procedures for the Analysis of Pollutants, enumerated
in 40 CFR 136.1 et seq. (1975), as amended; and/or any other procedures
recognized by the United States Environmental Protection Agency and
the State of Wisconsin Department of Natural Resources.[1]
A sewer that carries only stormwater, surface runoff, street
wash and drainage and to which sanitary and/or industrial wastes are
not intentionally admitted.
The user's quarter starting in June, July, or August
and ending accordingly in August, September or October.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater, or other liquids and
is removable by laboratory filtration as prescribed in the Standard
Methods enumerated in this section.
The sum of suspended and dissolved solids.
Concentration of any pollutant or combination of pollutants
which upon exposure to or assimilation into any organism will cause
adverse effects, such as cancer, genetic mutations, and physiological
manifestations, as defined in standards issued pursuant to Section
307(a) of Public Law 92-500, as amended.[2]
Water of a quality equal to or better than the effluent criteria
in effect or water that is of sufficient quality that it would not
be in violation of federal or state water quality standards if such
water were discharged into navigable waters of the state. Unpolluted
water would not be benefited by discharge to the sanitary sewers and
wastewater treatment facilities provided.
The anticipated term in years of physical and/or functional
productivity of elements and/or the whole of the wastewater treatment
system which can be reevaluated as a result of preventive maintenance,
renewal which offsets physical and/or functional obsolescence, renewal
of capital elements due to consumption, and physical and/or functional
betterments, direct or indirect.
The system of charges levied on users for the cost of operation
and maintenance, including replacement reserve requirements on new
and old wastewater collection and treatment facilities.
The Village of Belleville.
The governing body of the Village.
The Village Engineer of the Village of Belleville.
The material in the sewage solids transformed to gases or
vapors when heated at 500° C. for 15 minutes.
The structures, equipment, and processes required to collect,
transport, and treat domestic and industrial wastes and to dispose
of the effluent and accumulated residual solids.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
All facilities for water supply treatment, storage reservoirs,
waterlines, and services and booster stations for obtaining, treating
and distributing potable water.
A permit issued under the Wisconsin Pollutant Discharge Elimination
System (WPDES) for discharge of wastewaters to the navigable waters
of Wisconsin pursuant to § 283.31, Wis. Stats.
A user charge shall be assessed to all users by the Village
in accordance with the provisions of this article.
A.
Budget and appropriation. The Village shall annually prepare an estimate
of the anticipated costs for each category of user charge, as outlined
hereafter, for the forthcoming year. These estimates shall be proposed
to the Village Board for enactment prior to the enactment of the budget
for the ensuing year.
[Amended by Ord. No. 2004-06-02]
B.
Operation and maintenance charges.
(1)
Operation and maintenance costs shall be separated in accordance
with their applicability to flow, BOD, TSS and monitoring sampling/analysis.
The percentage breakdown shall be reviewed biennially by the Village
and approved by the Village Board.
(2)
Operation and maintenance costs for flow, BOD and TSS are totaled
for each. The unit charges for each are obtained by dividing the total
costs by the previous year's total billable flow in 1,000 gallons,
billable pounds of BOD and billable pounds of TSS. The monitoring
unit charge is obtained by dividing the total monitoring sampling/analysis
costs for each of the industrial users by the number of samplings/analyses
per year for that user class.
C.
Replacement charges.
(1)
The replacement charge shall be sufficient to replace any equipment
in the sewers or sewage works owned by the Village as required, in
order to assure the continued peak performance of the equipment and
to maintain the capacity for which the sewers and sewage works were
designed and constructed. The service life for real and personal property
shall be established by the Village Engineer in cooperation with the
Village auditors, in accordance with experience of the Village, state
and federal guidelines and accepted accounting procedures. Each piece
of equipment shall be evaluated biennially to determine if its useful
life has been extended as a result of preventative maintenance programs
or repairs.
(2)
Yearly replacement costs for each piece of equipment shall be separated
in accordance with their applicability to flow, BOD and TSS. This
breakdown shall be reviewed biennially by the Village Engineer and
approved by the Village.
(3)
The yearly replacement costs attributable to flow, BOD and TSS shall
be divided by the previous year's total billable flow in 1,000
gallons, billable pounds of BOD, and billable pounds of TSS, respectively,
and totaled to obtain unit replacement charges.
D.
Administrative and sampling charges.
(1)
The total administrative and overhead costs associated with billing,
collection and recordkeeping shall be determined by the Village and
assessed against users.
E.
Additional charges.
(1)
Additional charges shall be billed, as required, for the following:
(a)
Actual costs incurred for user-requested samplings and analyses.
(b)
Actual costs incurred for water meter inspection requested by the
user.
(c)
Actual costs incurred for special handling not provided for elsewhere
in this article.
(d)
Actual costs incurred for handling a user's check returned because
of insufficient funds.
(e)
Costs for revenue bond amortization.
(f)
Debt service charges associated with repayment of debt(s) incurred
for the construction and/or rehabilitation of the wastewater collection
system and treatment facility.
(2)
Each user which discharges toxic pollutants which cause an increase
in the cost of managing the effluent or the sludge of the treatment
works shall pay for such increased costs and toxics monitoring.
A.
All users. The basic wastewater treatment bill to be paid by all users shall consist of user charges for operation, maintenance, and replacement, using the unit charges from § 538-13B and C and this article, and user charges for billing and collection as described in § 538-13D of this article. The unit charges shall be applied to the user's billable flow, BOD and TSS, respectively.
B.
Industrial and commercial users.
(2)
The Village shall periodically sample and analyze wastes from selected
users in each industrial and commercial user classification to determine
the BOD and TSS strengths of the wastes and these results shall be
used as representative of wastes from all users in that classification
for billing purposes unless the user's waste is classified by
the Village Engineer as having special problems. At the request of
the user, samples shall be made and analyzed on the same frequency
as samples for the user's classification, and that analysis shall
be used as typical of that particular user's waste for billing
purposes. Industries with wastes classified by the Village Engineer
as having special problems shall, if directed by the Village Engineer,
install at the industry's own cost and in a structure located
on the building service line whatever sampling devices are required
by the Village Engineer to obtain exact information about the waste.
A.
Bill. A bill shall be prepared and submitted monthly to the owner
of each lot or parcel of real estate in the Village to which wastewater
treatment services have been furnished by the Village during the preceding
month period. Each bill for wastewater treatment services shall be
dated, shall clearly reflect the amount due, and shall be sent to
the owner at the property address.
[Amended 6-7-2010 by Ord.
No. 2010-06-05]
B.
Delinquent bills.
(1)
All wastewater treatment charges shall be payable within 20 days
following the date of the wastewater treatment bill. A late payment
charge of 3% but not less than $0.50 will be added to bills not paid
within 20 days of issuance. This one-time three-percent late payment
charge will be applied only to any unpaid balance for the current
billing period's usage. This late payment charge is applicable
to all customers. The utility customer may be given a written notice
that the bill is overdue no sooner than 20 days after the bill is
issued. Unless payment or satisfactory arrangement for payment is
made within the next 10 days, service may be disconnected.
(2)
The Village Clerk/Treasurer shall collect delinquent wastewater treatment
user bills and late charges in the same manner as collection of general
Village taxes. Delinquent bills and all late charges and penalties
shall be a lien on the real estate to which the wastewater treatment
services were furnished. All delinquent bills and charges that have
accrued during the preceding year and are not paid by the first of
November in any year shall be placed, including all delinquent bills,
charges and penalties, on the tax roll as a delinquent tax against
the property served; statutory penalties shall be included in such
amount. All proceedings in relation to the collection, return and
sale of property for delinquent Village taxes shall apply to said
assessment.
(3)
Nonreceipt of any bill described in this section shall not release
the owner of the property from liability for any of those charges.
In any case where the owner of the property is responsible for the
nonreceipt of the bill, the provisions herein described for late charges,
penalties and disconnection shall apply. In those cases where the
Village is responsible for the nonreceipt of the bill, the Village
may, in its discretion, grant the owner an extension of the payment
period and may waive the late payment charges.
Revenues to pay for debt service shall be collected as required for revenue bond amortization. (See § 538-18.)
A.
All cost and expense incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Village from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
B.
The owner of each lot or parcel of land not having an existing connection
to the sewer system, and the owner of each lot or parcel of land having
an existing connection to the sewer system but increasing the volume
of sewage discharge into the system due to improvements to the property,
shall pay a connection charge for improvements to the property. The
connection charge shall be paid before a building permit is issued.
For residential users, the connection charge shall be based on the
number of units for which a building permit is sought. For commercial,
industrial, or any other public or private entity users, the connection
charge shall be based on the meter size needed to serve the improvement
for which the building permit is issued.
C.
The Village Board shall, by resolution, determine the connection
charges upon recommendation of the Public Works and Parks Committee.
The connection charges shall remain in effect until so changed by
resolution.
D.
All revenues generated through the collection of the connection charge
shall be deposited in a special segregated account. These funds shall
only be used for the expansion or major renovation of the wastewater
plant or any interceptor sewer improvements as determined to be necessary
by the Village Board.
A.
Money. All user charge payments shall be placed in the utility's general fund. Such money shall be used only to cover the costs of operation and maintenance, replacement, toxics, handling and sampling, and other costs as outlined in § 538-13 of this article.
B.
Expenditures. Expenditures shall be made from the user charge moneys
by the Village in accordance with the detailed annual budget and resolution
authorized by the Village Board.
C.
Replacement reserve expenditures. Expenditures from the accrued replacement
reserve on facilities shall be for making renewals to accommodate
wear of physical elements and/or movable property that would result
in an extended useful life or meet the anticipated useful life of
the present plant and not for plant expansion or additions.
D.
Renewals. Renewals to accommodate wear of physical elements and/or
movable property shall be capital expenditures that cause the annual
estimate for accrued reserves from replacement to be evaluated in
terms of extended useful life as a result of preventive maintenance
programs or of such renewals. The expenditures to overcome physical
and/or functional obsolescence shall be capitalized against the element
of the facility and charged to the fixed assets groups of accounts
as an improvement to such element. Future estimates of accrued reserve
requirements shall be evaluated and reflected in the replacement reserve
requirements.
E.
Audit. An audit shall be performed annually at the same time that
the other books of account of the Village are audited and in the same
manner.
F.
Excess revenues. The Village will apply excess revenues collected
from a user class to operation, maintenance and replacement costs
attributable to that class for the next year.
G.
User notification. The users will be notified annually of the portion
of their wastewater treatment charges attributable to operation, maintenance
and replacement costs.
A.
Public wastewater collection facilities are required to be used for
the deposit of human wastes, garbage or other liquid wastes that cannot
be discharged into a receiving stream or disposed of in any other
manner in accordance with federal and state statutes and state administrative
regulations and approved by the Wisconsin Department of Natural Resources.
B.
No building or facility shall be connected to any sewer unless the entire property on which the building or facility is situated is located within the corporate limits of the Village, except as provided in § 538-23.
C.
No person shall place, deposit, or discharge, or cause to be placed,
deposited, or discharged, upon publicly or privately owned property,
any wastewater within the corporate limits of the Village unless done
so within adequately sized holding facilities approved by all applicable
federal, state and local agencies.
D.
No person shall deposit or discharge, or cause to be deposited or
discharged, to any wastewater collection facilities any solid, liquid,
or gaseous waste unless through a connection approved under the terms
of this article.
E.
No person shall discharge any sewage, waste or material, industrial
waste, or any polluted water into a stream or in the air or onto the
land, except where the person has made and provided for treatment
of such wastes which will render such wastes acceptable for discharge
in accordance with applicable Village, state and federal laws, ordinances
and regulations.[1]
F.
In case of natural outlet discharges, at the time construction of
the waste treatment works is commenced, each owner or operator shall
furnish the Village an approved Wisconsin Pollutant Discharge Elimination
System (WPDES) permit setting forth the effluent limits to be achieved
by such pretreatment facilities and a schedule for achieving compliance
with such limits by the required date. The WPDES permit shall be kept
on file with the Village Engineer and updated by such information
as periodically required by the Village, local, state and/or federal
agencies.
G.
Any person who owns property within the corporate limits of the Village
of Belleville, which property is improved with one or more residences,
houses, buildings, or structures for or intended for human use, occupancy,
employment, or any other similar purpose whatsoever, and which property
abuts on any street, alley or right-of-way in which there is located
a sewer within 100 feet from the nearest property line, shall, within
90 days after such sewer is in service, at his or her expense, install
suitable toilet and waste disposal facilities in the residences, houses,
buildings or structures and connect the facilities with the sewer
in accordance with the terms and provisions of this article; provided,
however, that in the event that compliance with this subsection causes
economic hardship to the person, he or she may apply to the Village
for exemption. An application for exemption shall state in detail
the circumstances which are claimed to cause the economic hardship.
Exemptions shall only be granted to residential users and shall not
apply to commercial and industrial users. Any connection to the sewer
under this article shall be made only if the Village determines that
there is capacity, including BOD and TSS capacity, available in all
downstream sewer lift stations and sewer lines and in the treatment
plant.
A.
No person shall discharge or cause to be discharged any stormwater,
groundwater, surface drainage or unpolluted industrial cooling waters
to any sewer connected to the Village's waste treatment plant.
New connections from inflow sources into the sanitary sewer portions
of the sewer system shall be prohibited. Basement drainage entering
the sewer at the time this article is adopted shall be permitted to
continue, but no new connections emptying roof runoff or basement
drainage into the sewer shall be permitted after the date of this
article.
B.
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following material to any sewer connected
to the Village's treatment plant:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(2)
Any water or wastes which may contain more than 100 mg/l of mat,
oil, grease or hexane extractable material, or substances which may
solidify or become viscous at temperatures between 32° F. and
150° F.
(3)
Gasoline, benzene, naphtha, fuel oil or other combustible, flammable,
or explosive liquid, solid, or gas of whatsoever kind or nature.
(4)
Any garbage that has not been properly shredded.
(5)
Any gases, ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, paunch manure, or any other solid
or viscous substance capable of causing obstruction to the flow in
sewers or other interference with the proper operation of the sewage
works.
(6)
Any waste that discharges paint or any other coloring material that
does not settle out from the waste.
(7)
Any water or wastes having a pH lower than six or higher than nine
or having any other corrosive properties capable of causing damage
or hazard to sewers, structures, equipment or personnel of the waste
treatment works.
(8)
Any waters or waste containing any toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment
process or that would constitute a hazard to humans or animals, or
that could create any hazard in the receiving waters of the sewage
treatment plant.
(9)
Any waters or wastes containing BOD in excess of 250 mg/l or suspended
solids in excess of 300 mg/l and of such character and quantity that
unusual attention or expense is required to handle such materials
at the sewage treatment plant, except as may be permitted by specific,
written agreement with the Village, which agreement may provide for
special charges, payments, or provisions for treating and testing
equipment.
(10)
Any noxious or malodorous gas or substance capable of creating
a public nuisance.
(11)
Any amount of the following constituents exceeding that listed
below:
|
Constituent
|
Amount (mg/l)
| |
|---|---|---|
|
Aluminum
|
800.0
| |
|
Arsenic
|
0.25
| |
|
Barium
|
2.0
| |
|
Boron
|
1.0
| |
|
Cadmium
|
2.0
| |
|
Chlorides
|
700.0
| |
|
Chromium, total
|
21.8
| |
|
Chromium (Hexavalent)
|
3.6
| |
|
Copper
|
17.6
| |
|
Cyanide
|
1.2
| |
|
Fluorides
|
1.2
| |
|
Iron, total
|
56.0
| |
|
Lead
|
1.5
| |
|
Manganese
|
1.0
| |
|
Mercury
|
0.0005
| |
|
Nickel
|
6.7
| |
|
Phenols
|
0.3
| |
|
Selenium
|
1.0
| |
|
Silver
|
0.1
| |
|
Total dissolved solids
|
1500.0
| |
|
Zinc
|
16.5
|
(12)
Ammonia nitrogen in such an amount as would cause the Village
to be in noncompliance with regulations of the State of Wisconsin
Department of Natural Resources.
C.
No provision
of this section of this article shall be construed to provide lesser
discharge standards than are presently or may hereafter be imposed
or required by the United States Environmental Protection Agency or
the State of Wisconsin Department of Natural Resources.
A.
Grease, oil and sand interceptors or retainers shall be installed
by the user at its own expense when, in the opinion of the Village
Engineer, such are necessary for the proper handling of liquid wastes
containing grease, oils, or sand in excessive amounts, of any inflammable
wastes, and of such other harmful ingredients. Such interceptors shall
be of a type and capacity approved by the Village Engineer and shall
be located as to be readily and easily accessible for cleaning by
the user and for inspection by the Village Engineer.
B.
Where installed, all grease, oil and sand interceptors shall be maintained
by the user at its own expense and shall be kept in continuous and
efficient operation at all times.
C.
In the event that the Village approves the admission of any materials into its sewers as set forth in § 538-20B, the Village shall direct the user causing admission of any such materials to, at its own expense, construct, install and operate such preliminary treatment plants and facilities as may be required in order to:
D.
No preliminary treatment plant and facility shall be constructed
or operated unless all plans, specifications, technical operating
data, and other information pertinent to its proposed operation and
maintenance shall conform to all Village, State of Wisconsin Department
of Natural Resources, and any other local, state, or federal agency
regulations and unless written approval of the plans, specifications,
technical operating data, and sludge disposal has been obtained from
the State of Wisconsin Department of Natural Resources and any other
local, state, or federal agency having regulatory authority with respect
thereto.
E.
All such preliminary treatment facilities as required by this article
shall be maintained continuously in satisfactory and effective operating
condition by the user or person operating and maintaining the facility
served thereby and at the user's expense.
F.
No provision contained in this article shall be construed to prevent
or prohibit a separate or special contract or agreement between the
Village and any industrial user whereby industrial waste and material
of unusual strength, character, or composition may be accepted by
the Village for treatment, subject to additional payment therefor
by the industrial user; provided, however, that such contract or agreement
shall have the prior approval of the Village.
G.
The Village reserves the right to reject admission to the system
of any waste harmful to the treatment or collection facilities or
to the receiving stream.
A.
Where a public sewer is not available, as set forth in § 538-19, the building or structure shall be connected to a private sewer, and a disposal or treatment system shall be constructed in compliance with the terms and provisions of all applicable Village, county, state and federal laws and regulations.
B.
Within 90 days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of § 538-19G of this article, a direct connection shall be made to the public sewer according to the terms and provisions of this article, and all private sewers, disposal systems, septic tanks, cesspools and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned and all openings, tanks, or other containers of human wastes, garbage and other wastes shall be permanently filled with granular material.
C.
The Village shall not be responsible in any way for the operation
and maintenance of a private sewer or disposal system or facility.
D.
No provisions of this article shall be construed to provide lesser
requirements for private sewers and disposal systems than are presently
or may hereafter be imposed and required by any other local governmental
body or the state or federal government.
A.
The Village, by proper resolution of the Village Board, shall have
the right at its discretion, upon payments, terms, and conditions
as may be mutually agreed upon, to contract in writing for the right
to use any sewer serving property located wholly or partly outside
the Village's corporate limits.
B.
In the event that a contract is made pursuant to Subsection A, a user of any sewer serving property wholly or partly outside the Village's corporate limits shall be subject to all of the terms and provisions of this article, and in addition to all payments and charges shall be required to pay all equivalent costs, taxes, charges, and expenses as would be imposed upon and paid by a user situated within the corporate limits of the Village.
C.
If any property of a person desirous of becoming a user is situated
outside the Village and not contiguous thereto so that it may not
properly be annexed to and become part of the Village, the Village
at its discretion may permit such a connection, provided that a contract
providing essentially the following is entered into between the Village
and the user:
(1)
The user may connect buildings situated on the fully described tract
set forth in the agreement and in accordance with all applicable laws,
ordinances, and regulations of the Village and local, state and federal
governments.
(2)
The wastes and material discharge shall meet all present and future
standards for content and volume, and the user shall further agree
to pay all future connection, user, and treatment or service charges
which are applicable to all property and users uniformly. Unmetered
connections to individual residential users shall be charged a user
fee which is the average of residential user fees paid in the metered
system.
(3)
The user and its successors and assigns shall, in addition to costs
noted previously, pay annually the total of the average rate per Village
resident for operation, maintenance and replacement and the average
rate per customer for capital cost recovery.
(a)
The amount computed for use shall be prorated from the date
of the contract if the user used the sewer system for only a partial
year.
(b)
If the user, or any successor or assigns thereof, shall fail
to pay the amount when due, each and every sewer upon the property,
or any subdivided tract thereof, for which payment is not made shall
be disconnected by the owner from any other sewer which was connected
under contract and ultimately attaches to the Village treatment plant.
The user shall have caused or required its sewer system to be constructed
within the property in order that separate tracts may be so disconnected,
and hereby gave and granted the Village an irrevocable easement for
the purpose of going upon the same and disconnecting any such sewer
if the producer, or its successors or assigns, fails to disconnect
promptly when such is required.
(c)
In addition to the right of disconnection, the Village shall
have a lien upon the property or subdivided portion of it in the amount
of any unpaid charges due therefrom. Upon the filing of notice, the
lien shall be deemed perfected, and the lien may be charged and redeemed
or foreclosed and the property sold to satisfy the unpaid charges
in accordance with the Wisconsin Statutes.
(d)
The Village shall have the additional right to file a civil
suit to recover the amount of the lien, the full cost incurred in
disconnection, and all its reasonable legal expenses and attorney
fees incurred as a result of the suit.
(e)
All amounts charged under this Subsection C are due and shall continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the Village is paid in full for all amounts due it, and, in addition, the Village shall be paid a deposit equal to the estimated charge for the next succeeding year. This deposit shall be held by the Village in escrow and will be returned upon satisfactory payment of amounts due the Village for a period of two years.
(4)
The Village shall not, without its prior written consent and acceptance,
have dedicated to it, or own, any sewer system installed within the
property, and the producer, its successors and assigns shall maintain
the same at its own cost; provided, however, that this provision shall
not be construed to prohibit the dedication of part or all of said
sewer system to another unit of government.
(5)
Upon conveyance by the owner of all or any subdivided portion or
tract of said property, the successor in title shall succeed to all
rights and liabilities hereunder, and said owner shall have no future
liability to the Village thereunder in respect to such tract except
as shall have accrued as of the date the instrument of conveyance
is recorded in the office of the County Register of Deeds.[1]
(6)
In the event that such property therein described, or any subdivided or separate tract thereof, shall be annexed to the Village by proper ordinance, the agreement executed pursuant to this Subsection C as to such property or the subdivided or separate tract thereof which is so annexed shall then terminate and be of no further force and effect.
(7)
The agreement executed under this Subsection C shall be recorded in the office of the County Register of Deeds, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions and to which any subsequent conveyance or assignment of the owner shall be subject.
(8)
If any part or provision of the agreement shall be found or held
by a court of competent jurisdiction to be invalid or unenforceable,
then the entire agreement shall terminate and all sewers of the owner
or its successors or assigns shall be promptly disconnected from any
such system which ultimately connects to the Village treatment plant.
(9)
The applicant for treatment service under an agreement pursuant to this Subsection C shall agree to assume user charges, industrial waste charges, and capital surcharge, if applicable, and to obtain from the Village the proper building permit by which the connection is allowed and the discharge permit, if applicable, which indicates what discharge will be made to the treatment system.
A.
The Village reserves the right to require a discharge permit from
commercial or industrial users of the sewer, and, if the Village does
exercise the option, commercial or industrial users shall not discharge
to a sewer without having first applied for and obtained a permit
from the Village. Upon official notification from the Village, each
commercial or industrial user presently discharging material to the
sewer shall apply for and obtain such a discharge permit within 90
days from the date of such notification.
B.
Commercial and industrial classification codes set forth in the Standard
Industrial Classification Manual, 1972 Edition, as amended and supplemented,
are adopted by the Village Board as the basis for the issuance of
discharge permits for building connections to a sewer.
C.
The application for a discharge permit shall be made on a form provided
for that purpose by the Village and shall be fully completed under
oath by the property owner, user, or a duly authorized and knowledgeable
officer, agent, or representative thereof and acknowledged. If requested,
the person making application shall also submit such scientific or
testing data or other information as may be required by the Village.
The Village Engineer shall also have, at his or her discretion, the
right to personally inspect the premises, equipment and material and
laboratory testing facilities of the applicant.
E.
No discharge permit shall be issued by the Village to any person
whose discharge of material to sewers, whether shown upon the application
or determined after inspection and testing conducted by the Village
Engineer, is not in conformance with federal, state, or Village statutes,
ordinances, rules and regulations, unless a waiver or variance of
such standards and requirements is granted by the Village in the manner
hereinafter set forth. The Village shall state in writing the reason
or reasons for denial or requirement for waiver/variance and said
written communication shall be mailed or personally delivered to the
applicant within five days after denial.
F.
In the event that the type or volume of material from property for
which a discharge permit was previously granted shall materially and
substantially change, the person granted such permit previously shall
make a new application to the Village, in the same manner and form
as originally made.
G.
If the application for a new permit or for one because of change in the type or volume of material discharge is denied by the Village, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of Subsection E, and a waiver or variance is required, the user may have the entire Village Board review the denial or may request waiver/variance, provided that the user shall give written notice of its request 30 days after receiving the denial. The entire Village Board shall review the permit application, the written denial, and such other evidence and matters as the applicant and Village Engineer shall present at its next regular meeting following receipt of request for its review, and the decision of the entire Village Board rendered publicly at said meeting shall be final.
H.
Should any discharge of material to a sewer materially and substantially
differ in type and volume from that shown in the application and permit,
the person and user shall immediately, upon order of the Village Engineer,
cease and desist from such discharge and shall also be subject to
disconnection, fine, and other penalties provided by this article.
I.
A grant of waiver or variance by the Village Board may set forth
such conditions, exceptions, time limitations, durations, and expirations
as the Village Board deems necessary and proper.
A.
The construction of sewers and connections for buildings shall be
made as required by the applicable ordinances of the Village and by
regulations of the Wisconsin Department of Natural Resources. Sanitary
building drains and sanitary building sewers, together with all connections
thereto, shall be constructed watertight to exclude all infiltration
and inflow.
B.
A construction permit shall first be applied for and obtained from
the Village before a person, after the effective date of this article,
can connect to any sewer located on properties within the corporate
limits of the Village or on properties outside the Village where services
have been contracted for with the Village.
A.
The Village reserves the right to require any nonresidential user
to submit quarterly to the Village, on forms provided by the Village,
a certified statement of the characteristics of its industrial wastes
discharged in the sewers and treatment works of the Village or to
any sewers connected to its treatment works. This statement shall
be filed with the Village Engineer no later than the 10th day of the
month following the quarter for which the report is required. The
Village Engineer may require additional certified statements at any
time if, in his or her judgment, the same shall be necessary to determine
the source of materials which have been found in the Village sewer.
C.
Should there be a difference in understanding between the Village
and user as to the characteristics in this section, the Village reserves
the right to use the Village results from analyses for purposes of
billing. Should submission not be made during the ten-day period,
the Village shall use its results from analyses for purposes of billing.
D.
Whenever required by the Village, the owner of any property serviced
by a building sewer which carried nonresidential wastewater or material
shall install a large manhole or sampling chamber in the building
sewer in accordance with plans and specifications which have been
submitted to and approved by the Village Engineer. Such device shall
be installed and maintained at all times at the user's expense.
Such device shall have ample room in each sampling chamber to accurately
sample the wastewater effluent entering the sewer and shall collect
composite samples for analysis. The chamber shall be safely, easily
and independently of other premises and buildings of the user accessible
to authorized representatives of the Village at all times. The Village
shall have exclusive access to such device, and no keys shall be in
the possession of any user or any agent of the user. Where construction
of such a device is not economically or otherwise feasible, the Village
Engineer may approve alternate arrangements for sampling.
E.
Each sampling chamber shall contain a Parshall flume, weir, or similar
device with a recording and totalizing register for measuring liquid
quantity, or the metered water supply to the industrial plant may
be used as measure of liquid quantity where it is substantiated by
the Village Engineer that the metered water supply and waste quantities
are approximately the same or where a measurable adjustment agreed
to by the Village Engineer is made in the metered water supply to
determine the liquid waste quantity.
F.
Samples shall be taken periodically with such degree of frequency
as the Village Engineer shall, in his or her discretion, determine.
They shall be properly refrigerated and composited in proportion to
the flow so as to present a representative twenty-four-hour sample.
Such sampling shall be done as prescribed by the Village Engineer
to ensure representative quantities for the entire reporting period.
Minimum requirements for determination of representative quantities
or characteristics shall include reevaluation during each twelve-month
period. The determination of representative quantities and characteristics
shall include not less than seven consecutive calendar days of twenty-four-hour
composite samplings taken during periods of normal operation, together
with acceptable flow measurements.
G.
The sampling frequency, sampling chamber, metering device, sampling
methods, and analyses of samples shall be subject, at any time, to
inspection and verification by the Village Engineer.
H.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this section shall be determined
in accordance with the Standard Methods for the Examination of Water
and Wastewater (latest edition) or with any other method approved
by the Village.
I.
The Village may elect, at its option, to have the metering and sample
collection done by the industrial plant personnel and to have composite
samples delivered to the Village Engineer for analysis. This procedure
can also be terminated at any time by the Village upon reasonable
notice.
A.
Nonindustrial users hauling liquid wastes to the treatment plant
shall be assessed user charges for billable flow, billable BOD, and
billable TSS, the volume of which is determined for each day by the
Village Engineer.
The Village Engineer or any duly designated agent of the Village
Engineer bearing proper credentials and identification shall be permitted
at any time to enter upon all properties within the corporate limits
of the Village, or outside the Village, that have contracted for wastewater
treatment service for the purpose of inspecting, observing, measuring,
sampling and testing, as may be required, in pursuance of the implementation
and enforcement of the terms and provisions of this article.
While performing the necessary work on private properties referred to in § 538-28, the duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the commercial or industrial user, and the user shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the user against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions.
[Amended by Ord. No. 2004-06-02[1]]
When any person violates any provision of this article and in particular § 538-20, Limitations on discharge, for any three successive days, the violator shall be assessed a forfeiture as provided in § 1-4 of this Code per day for each day the violation occurs. If the above payments are not made, the Village will add the amount to the next monthly bill. If not paid at that time, the Village will prosecute the violator in court to recover the forfeiture plus the costs of prosecution.
A.
In the event that user charges are not paid when due, the Village shall have the right to revoke discharge permits and to disconnect sewer services set forth in § 538-15 herein.
B.
All amounts continue to be due whether or not said sewer is disconnected,
and no sewer shall be reconnected until the Village is paid in full
for all amounts due it, and, in addition, there shall be paid to the
Village a deposit equal to an estimated amount of such charge for
the next succeeding year. Such a deposit shall be held by the Village
in escrow and will be returned upon satisfactory payment of all bills
for a period of two years.
