Village of Baldwin, WI Chapter 480 Sewers

[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 9, Ch. 2, Art. B, of the 2004 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 235.

Health and sanitation — See Ch. 332.

Water — See Ch. 556.

§ 480-1 Definitions.

A. The following definitions shall be applicable in this chapter:

ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

APPROVING AUTHORITY

The Building Inspector or Public Works Director or duly authorized agent or representative.[1]

BOD (denoting "biochemical oxygen demand")

The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in Standard Methods.

BUILDING DRAIN

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.

BUILDING SEWER

A sanitary sewer which begins immediately outside of the foundation wall of any building or structure being served and ends at its connection to the public sewer.

CATEGORY A

Those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of BOD no greater than 300 mg/l, suspended solids no greater than 250 mg/l, nitrogen no greater than 45 mg/l, and phosphorus no greater than 7.0 mg/l.

CATEGORY B

Those sanitary sewer users who discharge wastewater with concentrations in excess of 300 mg/l of BOD, 250 mg/l suspended solids, 45 mg/l nitrogen, or 7.0 mg/l phosphorus. Users whose wastewater exceeds the concentration for any one of these parameters shall be in Category B.

CHLORINE REQUIREMENT

The amount of chlorine in mg/l which must be added to sewage to provide a residual chlorine as specified in the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.

COMBINED SEWER

A sewer intended to receive both wastewater and storm or surface water.

COMPATIBLE POLLUTANTS

Biochemical oxygen demand (BOD), suspended solids, phosphorus, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the municipality's WPDES permit for its wastewater treatment facility, provided that such facility is designed to treat such additional pollutants and, in fact, does remove such pollutants to a substantial degree.

DNR

Wisconsin Department of Natural Resources.

FLOATABLE OIL

Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

GROUND GARBAGE

The residue from the preparation, cooking, dispensing, handling, storage, and sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.

INCOMPATIBLE POLLUTANTS

Wastewater with pollutants that will adversely affect the wastewater treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater treatment facilities.

INDUSTRIAL WASTE

Any solid, liquid, or gaseous substance discharged or escaping from any industrial, manufacturing, or commercial establishment. Such term includes any wastewater which is not sanitary sewage.

INTERFERENCE

The inhibition or disruption of the Village's wastewater disposal system processes or operations which causes or significantly contributes to a violation of any requirement of the Village's WPDES permit. The term includes prevention of sewage sludge use or disposal by the Village in accordance with published regulations providing guidelines under the Act or any regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria applicable to the method of disposal or use employed by the Village.

LICENSED DISPOSER

A person or business holding a valid license to do septage servicing under the Wisconsin Administrative Code.

MUNICIPALITY

The Village of Baldwin.

NATURAL OUTLET

Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

NITROGEN

Kjeldahl nitrogen which is the sum of organic nitrogen and ammonia nitrogen.

NONCONTACT COOLING WATER

Water used for cooling which does not come into contact with any raw material, intermediate or finished product, or waste and has been used in heat exchangers, air or refrigeration compressors, or other cooling means where contamination with process waste is not normally expected.

NORMAL DOMESTIC STRENGTH WASTEWATER

Wastewater with concentrations of BOD no greater than 300 mg/l, suspended solids no greater than 250 mg/l, nitrogen no greater than 45 mg/l, and phosphorus no greater than 7.0 mg/l.

OPERATION AND MAINTENANCE COSTS

All costs associated with the operation and maintenance of the wastewater treatment facilities, including administration and replacement costs, all as determined from time to time by the municipality.

PERSON

Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.

pH

The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10.

PHOSPHORUS

The total phosphorus and is expressed in mg/l of P (phosphorus).

PRETREATMENT

The treatment of wastewater to remove or reduce the quantity of one or more pollutants prior to discharge to publicly owned wastewater collection or treatment facilities.

PUBLIC NUISANCE

The doing of or the failure to do something that injuriously affects the safety, health, or morals of the public, or works some substantial annoyance, inconvenience or injury to the public, and which causes hurt, inconvenience, or damage to the public generally, to such part of the public as necessarily comes in contact with it in the exercise of a public or common right.

PUBLIC SERVICE

Any publicly owned sewer, storm drain, sanitary sewer, or combined sewer.

REPLACEMENT COSTS

Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs include replacement costs.

SANITARY SEWAGE

A combination of liquid and water carried wastes discharged from toilets and/or sanitary plumbing facilities.

SANITARY SEWER

A sewer that carries sewage or wastewater.

SEPTAGE

The wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies, or portable rest rooms.

SEWAGE

The spent water of a person or community. The preferred term is "wastewater."

SEWER SERVICE CHARGE

A charge levied on users of the wastewater treatment facilities for payment of operation and maintenance expenses, debt service costs, and other expenses or obligations of said facilities.

SLUG

Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and/or adversely affects the collection system and/or performance of the wastewater treatment facility.

STANDARD METHODS

The examination and analytical procedure set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

STATE

The State of Wisconsin.

STORM SEWER OR DRAIN

A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

STORMWATER or STORM RUNOFF

The water resulting from melting snow or rainfall.

SUSPENDED SOLIDS

Total suspended matter that either floats on the surface of or is in suspension in water, wastewater, or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, and referred to as "nonfilterable residue."

UNPOLLUTED WATER

Water quality equal to or better than the effluent of the wastewater treatment facilities or water than would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities.

USE

Any person who discharges, causes or permits the discharge of wastewater into the Village's wastewater disposal system.

WASTEWATER

The spent water of a community or person. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water, and stormwater that may be present.

WASTEWATER COLLECTION FACILITIES or WASTEWATER COLLECTION SYSTEM

The structures and equipment required to collect and carry wastewater.

WASTEWATER TREATMENT FACILITY

Any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial waste of a liquid nature or necessary to recycle or reuse water at the most economical cost over the estimated life of the work, including interception sewers, outfall sewers, sewage collection systems, cooling towers and ponds, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions, and alterations thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities, and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. Additionally, "treatment facility" means any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including stormwater runoff or industrial waste, including waste in combined stormwater and sanitary sewer systems.

WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT

A document issued by the State of Wisconsin which establishes effluent limitations and monitoring requirements for the municipal wastewater treatment facility.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. "Shall" is mandatory; "may" is permissible.

§ 480-2 Use of public sewers.

A. Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, sump pump discharge, or cooling water to any sanitary sewer.

B. Storm sewers. Stormwater and all other unpolluted water shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process water may be discharged, on approval of the approving authority and other regulatory agencies, to a storm sewer, combined sewer, or natural outlet.

C. Prohibitions and limitations.

(1) Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, that could injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment facility.

(c) Any waters or wastes having a pH lower than 5.0 or in excess of 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment facilities.

(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(2) The following described substances, materials, waters, or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process, or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger lives, limbs, or public property, or constitute a nuisance. The approving authority may set limitations more stringent than those established below if such more stringent limitations are necessary to meet the above objectives. The approving authority will give consideration to the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sanitary sewers, the wastewater treatment facility, and other pertinent factors. Wastes or wastewaters discharged to the sanitary sewers which shall not exceed the following limitations:

(a) Wastewater having a temperature higher than 150° F. (65° C.).

(b) Wastewater containing more than 25 mg/l of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

(c) Wastewater from industrial plants containing floatable oils, fat, or grease.

(d) Any unground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

(e) Any waters or wastes containing iron, chromium, copper, zinc, and other toxic and nonconventional pollutants to such degree that the concentration exceeds levels specified by federal, state and local authorities.

(f) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority or limits established by any federal or state statute, rule or regulation.

(g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state and federal regulations.

(h) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(i) Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(j) Materials which exert or cause:

[1] Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.

[2] Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

[3] Unusual concentrations of inert, suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).

(k) Incompatible pollutants in excess of the allowed limits as determined by local, state, and federal laws and regulations in reference to pretreatment standards developed by the Environmental Protection Agency, 40 CFR 403, as amended from time to time.

(l) Any wastewater which creates conditions at or near the wastewater disposal system which violates any statute or any rule, regulation or ordinance of any public agency or state or federal regulatory body.

(m) Noncontact cooling water or unpolluted storm or groundwater. Where a Category B user is in compliance with the above specific prohibitions or standards, and pollutants in the effluent from the Category B users facility nevertheless are determined to have caused or significantly contributed to a violation of any requirement of the Village of Baldwin's WPDES permit and are likely to cause such a violation in the future, the approving authority must take appropriate action to develop and enforce specific effluent limits for that Category B User to insure renewed compliance with the Village of Baldwin's WPDES permit.

D. WPDES permit. No person shall cause or permit a discharge into the sanitary sewers that would cause a violation of the municipality's WPDES permit and any modifications thereof.

E. Special arrangements. No statement contained in this chapter shall be construed as prohibiting any special agreement between the approving authority and any person whereby a waste of unusual strength or character may be admitted to the wastewater treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the municipality without recompense by the person; and further provided that all rates and provisions set forth in this chapter are recognized and adhered to.

§ 480-3 Control of industrial wastes directed to public sewer.

A. Submission of basic data. The approving authority may require each person who discharges or seeks to discharge industrial wastes to a public sewer to prepare and file with the approving authority, at such times as it determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater treatment facilities. In the case of a new connection, the approving authority may require that this report be prepared prior to making the connection to the public sewers.

B. Industrial discharges. If any waters are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 480-2, and which in the judgement of the approving authority have a deleterious effect upon the wastewater treatment facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the approving authority may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.

C. Control manholes. Each person discharging industrial wastes into a public sewer shall, at the discretion of the approving authority, construct and maintain one or more control manholes or access points to facilitate observation, measurement, and sampling of wastes, including sanitary sewage. Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. If measuring and/or sampling devices are to be permanently installed, they shall be of a type acceptable to the approving authority. Control manholes, access facilities, and related equipment shall be installed by the person discharging the water, at his/her expense, and shall be maintained by him/her so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the approving authority prior to the beginning of construction.

D. Measurement of flow. The volume of flow used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Water Utility except as noted below.

E. Metering of waste. Devices for measuring the volume of waste discharged may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person discharging the wastewater. Following approval and installation, such meters may not be removed without the consent of the approving authority.

F. Waste sampling. Industrial wastes discharged into the public sewers shall be subject to the periodic inspection and a determination of character and concentration of said wastes. The determination shall be made by the industry as often as may be deemed necessary by the approving authority. Samples shall be collected in such a manner as to be representative of the composition of wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority. Installation, operation, and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the approving authority. Access to sampling locations shall be granted to the approving authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.

G. Pretreatment. Persons discharging industrial wastes into any public sewer may be required to pretreat such wastes, if the approving authority determines pretreatment is necessary to protect the wastewater treatment facilities or prevent the discharge of incompatible pollutants. In that event, such person shall provide at his/her expense such pretreatment or processing as may be determined necessary to render wastes acceptable for admission to the sanitary sewers.

H. Wastewater discharge permits.

(1) Mandatory permits. All industries proposing to connect or to commence a new discharge to the wastewater disposal system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater disposal system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards connected to or discharging into the wastewater disposal system shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.

(2) Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the approving authority an application in the form prescribed by the approving authority, signed by the principal executive officer of the user, and accompanied by a fee determined from time to time by the Village Board.

(a) Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall submit, in units and terms appropriate for evaluation, the following information:

[1] Name, address and location (if different from the address);

[2] IC number according to the Standard Industrial Classification Manual, Bureau of the Budget 1972, as amended;

[3] Wastewater constituents and characteristics, including but not limited to those governed by this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to the Act, as amended;

[4] Time and duration of discharge;

[5] Average daily and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;

[6] Site plans, floor plans, mechanical and plumbing plans and details to show all sewers which are or could be discharged, including sludges, floats, skimmings, etc.;

[7] Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged, including sludges, floats, skimmings, etc.;

[8] Where known, the nature and concentration of any pollutants in the discharge which are limited by any municipal, state or national categorical pretreatment standards, and (for an existing discharge) a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards. If additional operation and maintenance and/or pretreatment will be required, a proposed schedule by which the changes will be completed shall be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards. The schedule shall contain increments of progress in the form of date for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standard. If the date of completion of any major event is delayed, the reasons for delay and steps taken to return to the approved schedule should be submitted. No increment shall exceed nine months in length, and progress reports concerning each increment shall be submitted within 14 days following each increment date;

[9] Each product produced by type, amount, and rate of production;

[10] Type and amount of raw materials processed (average and maximum per day);

[11] Number of full and part-time employees, and hours of work; and

[12] Any other information as may be deemed by the approving authority to be necessary to evaluate the permit application.

(b) The approving authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the approving authority may issue a wastewater discharge permit subject to terms and conditions provided herein.

(3) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Village where deemed applicable. Permits may contain the following:

(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater disposal system;

(b) Limits on the average and maximum wastewater constituents and characteristics;

(c) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(d) Requirements for installation and maintenance of inspection and sampling facilities;

(e) Requirements for installation, operation, and maintenance of pretreatment facilities;

(f) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;

(g) Compliance schedules;

(h) Requirements for submission of technical reports or discharge reports;

(i) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the approving authority but in no case less than three years, and affording approving authority access thereto;

(j) Requirements for notification to and acceptance by the approving authority of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(k) Requirements for notification of slug or accidental discharges and reporting of permit violation;

(l) Requirements for disposal of sludges, floats, skimmings, etc.; and

(m) Other conditions as deemed appropriate by the Village to ensure compliance with this chapter.

(4) Permit duration. Permits shall be for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the approving authority during the term of the permit as limitations are modified or other just cause exists. The user shall be informed of any proposed changes in his/her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(5) Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by this chapter, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the approving authority within 180 days after the promulgation of an applicable national categorical pretreatment standard the information required by this chapter. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.

(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the approving authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

I. Final compliance date reporting requirements. Within 90 days following the date for initial compliance with applicable pretreatment standards, or in the case of the commencement of a new discharge to the wastewater disposal system, any user subject to pretreatment standards and requirements shall submit to the approving authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user and certified to by a qualified professional.

J. Confidential information. Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be available to the public or government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the approving authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, and until such time as the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the WPDES permit and/or pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the approving authority as confidential shall not be transmitted to any governmental agency or to the general public by the approving authority until and unless a ten-day notification is given to the user.

K. Sludges generated. Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall be placed into the Village of Baldwin's wastewater disposal system. Such sludges shall be contained, transported, and disposed of in accordance with all federal, state and local regulations.

L. Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in amounts in excess of those specified in this chapter, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Disposal of the collected materials performed by the owner's personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources (DNR) rules and regulations.

M. Analyses. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods and Wisconsin Administrative Code requirements as amended from time to time. Sampling methods, location, time, durations, and frequencies are to be determined on an individual basis subject to approval by the approving authority. Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or the person's agent, as designated and required by the approving authority. The approving authority may also make its own analyses of the wastes, and these determinations shall be binding as a basis for sewer service charges.

N. Submission of information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or grease and/or sand interceptor facilities shall be submitted for review and approval of the approving authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewer. No construction of such facilities shall commence until said approval has been granted.

§ 480-4 Basis for sewer service charges.

A. Sewer users served by Water Utility meters. There is hereby levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system and being served with water solely by the Water Utility a sewer service charge based, in part, on the quantity of water used, as measured by the Water Utility water meter used upon the premises. If sewer service is reasonably available, all persons or users within the Village limits of the Village of Baldwin shall be connected to the wastewater treatment system for the Village of Baldwin. Any person or user located within the limits of the Village of Baldwin and not connected to the wastewater treatment system for the Village of Baldwin at the time of the original passage of this chapter shall have 180 days in which to comply with the provisions of this section.

B. Sewer users served by private wells. If any person discharging wastewater into the public sanitary sewers procures any part or all of his/her water from sources other than the Water Utility, all or part of which is discharged into the sanitary sewers, that person shall have water meters installed by the Water Utility at the person's expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are already installed, new water meters will not be required. The water meters shall be furnished by the Water Utility and installed under its supervision, all costs being at the expense of the person requiring the meter. The Water Utility will charge for each meter a rental charge set by the Water Utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed.

C. Water-use-only meters.

(1) If a commercial/industrial user feels that any amount of metered water does not reach the sanitary sewer, a commercial/industrial customer may request the following:

[Amended 7-13-2016]

(a) A customer may request a special exception from the approving authority to have such additional meters or metered services installed as are necessary to calculate the volume of water not discharged to the sanitary sewer (i.e., water-use-only meter). Requests for a second meter or metered services must be made in writing to the approving authority. In the event the approving authority agrees to such installations, the customer shall be charged all costs attendant thereto, including but not limited to a "Tee" in the service line and installation of a meter (to be installed by a licensed plumber); a meter rental fee (the meter will be owned by the approving authority, and subject to access and inspection by the Village personnel at all reasonable times) in an amount set annually by the approving authority; remote reading device(s) if necessary; and labor and miscellaneous parts and supplies. No provision shall be made, nor shall any means be taken, to route water from any water use only meter to the customer's general distribution system. Any discharge of water from this water use only meter system must be monitored so as not to create a nuisance or safety hazard. In addition to the general penalties set forth in this chapter, any violation of this section will result in nullification of the water use only readings and removal of the water use only meter.

(b) In the event it is physically impractical or impossible to installs metering equipment, he/she may request the approving authority to take such means as it deems necessary to formulate an estimate of the amount of water not being discharged into the sanitary sewage system to, conversely, the amount of actual sewage discharged thereto.

(2) Neither of the options set forth in this subsection shall be applicable or available to residential customers.

[Amended 7-13-2016]

D. Reassignment of sewer users. The approving authority will reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs or other related information indicates a change of categories is necessary.

E. Operation, maintenance and replacement fund accounts. All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in this chapter. All sewer service charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund. All revenues for the replacement fund and for operation and maintenance of the wastewater treatment facilities shall be used solely for the replacement fund and operation and maintenance of the wastewater treatment facilities.

F. Disposal of septic tank sludge and holding tank sewage. 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 public sewer unless a permit for disposal has been first obtained from the approving authority. Written application for this permit shall be made to the approving authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model, and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee as set forth in the Village Fee Schedule. The time and place of disposal will be designated by the approving authority. The approving authority may impose such conditions as it deems necessary on any permit granted. Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount not less than $100,000 to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect. All materials disposed of into the treatment system shall be of domestic origin, or compatible pollutants only; and the person(s) agrees that he/she will comply with the provisions of any and all applicable ordinances of the municipality and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids or other deleterious substances into the public sewers, nor allow any earth, sand, or other solid material to pass into any part of the wastewater treatment facilities. Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater treatment facilities shall be charged in accordance with the rates established by the approving authority. The person(s) disposing wastes agrees to indemnify and hold harmless the municipality from any and all liability and claims for damages arising out of or resulting from work and labor performed.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Charge for toxic pollutants. Any person discharging toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the municipality's wastewater treatment facility shall pay for such increased costs, as may be determined by the approving authority.

H. New connections.

(1) New connections to the sanitary sewer system will be charged a new connection fee (hookup/connection fee) as established in this chapter.

(2) Where a developer is responsible for the installation of multiple sewer lateral connections to a sewer main, and where the sewer main is to be turned over to the approving authority upon completion of construction, a separate connection fee shall be charged for each lateral connection to the sewer main.

§ 480-5 Billing practice.

A. Calculation of sewer service charges. Sewer service charges shall be computed according to the rates and formula presented in this chapter.

B. Sewer service charge billing period. Sewer service charges shall be billed by the Village to the sewer users on a quarterly basis.

C. Payment of sewer service charges. Those persons billed by the Village for the sewer service charges shall pay such charges within 20 days after the billing date at the Municipal Building.

D. Penalties. Such sewer service charges levied by the Village against the sewer users in accordance with this chapter shall be a debt due to the Village and shall be a lien upon the property. If this debt is not paid within 30 days after it shall be due, it may be deemed delinquent and may be placed, together with such penalties as provided by statute, on the next year's tax roll and be collected as other taxes are collected. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

§ 480-6 Right of entry, safety and identification.

A. Right of entry. The approving authority or other duly authorized employees of the municipality, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, or testing, all in accordance with the provisions of this chapter.

B. Safety. While performing the necessary work on private premises referred to in this chapter, the duly authorized municipal employees shall observe all safety rules applicable to the premises established by the owner or the occupant.

C. Identification; right to enter easements. The approving authority or duly authorized employees of the municipality, bearing proper credentials and identification, shall be permitted to enter all private properties through which the municipality holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement, all subject to terms, if any, of such easement.

§ 480-7 Sewer construction and connections.

A. Work authorized. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb the sanitary sewer or appurtenance thereof without first obtaining a written permit from the approving authority.

B. Cost of sewer connection. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the person making the connection.

C. Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the approving authority, to meet all requirements for this chapter.

D. Materials and methods of construction.

(1) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the municipality's building and plumbing code or other applicable rules and regulations of the municipality. In the absence of code provisions or in amplification thereof, the material and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9 shall apply.

(2) Any individual or entity installing a nonconductive sewer main or lateral shall also install a locating wire or other equally effective means for marking the location of the main or lateral. This requirement shall not apply to minor repairs to, or partial replacement of, mains or laterals installed before the original effective date of this subsection amendment (January 11, 2007). The means used for marking the location of the sewer main or lateral shall be subject to the approval of the Director of Public Works.

E. Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

F. Stormwater and groundwater drains. No person shall make connection of roof downspouts, sump pump discharge, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which connects directly or indirectly to a sanitary sewer. All existing downspouts or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within 60 days of the date of an official written notice from the approving authority. Any person who fails to timely comply with the notice of violation will be cited for noncompliance and may be subject to penalties as provided in § 480-8E.

G. Conformance to plumbing codes. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the municipality or the procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.

H. Inspection of connection. The person making a connection to a public sewer shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the approving authority.

I. Barricades; restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the approving authority.

§ 480-8 Violations and penalties.

A. Public nuisance. The violation of any provisions of this chapter shall constitute a public nuisance.

B. Abatement of nuisance.

(1) No immediate danger. If it is determined that a public nuisance has been created or is being maintained in violation of this chapter (as set forth hereinabove) but that the nature of such nuisance is not such as to threaten great or immediate danger to the public health, safety, peace, morals, or decency, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, within the period of time stated in said notice, abate the nuisance and permanently cease all violations.

(2) Immediate danger. If it is determined that a public nuisance caused by the violation of this chapter exists and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the Village President, Village Engineer, and/or the Chief of Police may cause the same to immediately be abated, and charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be. If notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

C. Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater treatment facility and/or receiving body of water shall, in addition to a fine, pay an amount to cover any damages, both values to be established by the approving authority.

D. Penalty for violation. Any person who violates any provision of this chapter shall be subject to a penalty:

(1) Civil penalties. Any user who is found to have violated an order of the Village Board or who has failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $100 nor more than $1,000 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Village shall recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by an appropriate action against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.

(2) Cost of damage. Any user violating any of the provisions of this chapter or who has a discharge which causes a deposit, obstruction, damage or other impairment to the Village of Baldwin's wastewater disposal system shall become liable to the Village for any expense, loss, or damage caused by the violation or discharge. The approving authority may add to the user's charges and fees the costs assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this chapter.

(3) Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 per offense.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Liability to municipality for losses. Any person violating any provision of this chapter shall, in addition to any penalty or fine which may be assessed against him/her, become liable to the municipality for any expense, loss, or damage occasioned by reason of such violation which the municipality may suffer as a result thereof.

§ 480-9 Appeals.

A. Procedures. Any user, permit applicant or permit holder affected by any decision, action or determination, including cease-and-desist orders, made by the approving authority interpreting or implementing the provisions of this chapter or in any permit issued herein may file with the approving authority a written request for consideration within 10 days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The approving authority shall render a decision on the request for reconsideration to the user, permit applicant, or permit holder in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the approving authority is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the Village Board of the Village of Baldwin. A fee the Village Fee Schedule shall accompany any appeal to the Village Board for its ruling. This fee may be refunded if the appeal is sustained in favor of the appellant. The written appeal shall be heard by the Village Board within 30 days from the date of filing. The Village Board shall make a final ruling on the appeal within 10 days from the date of filing.

B. Show cause hearing.

(1) Notice of hearing. If the violation is not corrected by timely compliance, the approving authority may order any user which causes or allows an unauthorized discharge to show cause before the Village Board why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Village Board regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.

(2) Hearing officials. The Village Board may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned committee to:

(a) Issue in the name of the Village Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(b) Take the evidence; and

(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Board for action thereon.

(3) Transcripts. Any person desiring a transcript of any proceedings shall furnish a qualified court report at his/her own expense.

(4) Issuance of orders. After the Village Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices, or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

C. Legal action. If any person discharges sewage, industrial wastes or other wastes into the Village's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the Village, the Village Attorney may, following the authorization of such action by the Village Board, commence an action for appropriate legal and/or equitable relief.

D. Appeal to the Village Board. Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this chapter and shall be entitled to a written reply from the Village. Any decision of the approving authority in the enforcement of this chapter may be appealed to the Village Board by filing a written petition with the Village Clerk-Treasurer within 30 days of the approving authority's ruling. Said petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. Said petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesperson. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the approving authority shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason. The Village Board shall hold a hearing within 50 days for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesperson. The petitioners shall have full opportunity to present evidence in support of their petition after which the approving authority may present evidence in support of his/her decision. The Village Board shall decide the appeal within 60 days and notify the attorney or spokesperson. The minutes of the Board shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court report at his/her expense.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Records retention. All users subject to this chapter shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analysis made by or in behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the approving authority pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

§ 480-10 Amendments.

The municipality, through its duly authorized officers, reserves the right to amend this chapter, in part or in whole, whenever it may deem necessary.

§ 480-11 Audit, notification and records.

A. Annual audit. The municipality shall review every year the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater treatment facilities, and the sewer service charge system. Based on this review, the municipality shall revise the sewer service charge system, if necessary, to accomplish the following:[1]

(1) Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users;

(2) Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater treatment facilities; and

(3) Apply excess revenues collected from a class of users to the operation and maintenance expenses attributable to that class of users for the next year and adjust the sewer service charge rates accordingly.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Annual notification. The municipality shall notify its sewer users annually about the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses and debt service costs of the wastewater treatment facilities. The notification shall occur in conjunction with a regular bill.

C. Records. The municipality shall maintain records regarding wastewater flows and loadings, costs of the wastewater treatment facilities, sampling programs, and other information which is necessary to document compliance with this chapter.