[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.]
A.
ACT
APPROVING AUTHORITY
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
CATEGORY A
CATEGORY B
CHLORINE REQUIREMENT
COMBINED SEWER
COMPATIBLE POLLUTANTS
DNR
FLOATABLE OIL
GROUND GARBAGE
INCOMPATIBLE POLLUTANTS
INDUSTRIAL WASTE
INTERFERENCE
LICENSED DISPOSER
MUNICIPALITY
NATURAL OUTLET
NITROGEN
NONCONTACT COOLING WATER
NORMAL DOMESTIC STRENGTH WASTEWATER
OPERATION AND MAINTENANCE COSTS
PERSON
pH
PHOSPHORUS
PRETREATMENT
PUBLIC NUISANCE
PUBLIC SERVICE
REPLACEMENT COSTS
SANITARY SEWAGE
SANITARY SEWER
SEPTAGE
SEWAGE
SEWER SERVICE CHARGE
SLUG
STANDARD METHODS
STATE
STORM SEWER OR DRAIN
STORMWATER or STORM RUNOFF
SUSPENDED SOLIDS
UNPOLLUTED WATER
USE
WASTEWATER
WASTEWATER COLLECTION FACILITIES or WASTEWATER COLLECTION SYSTEM
WASTEWATER TREATMENT FACILITY
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
The following definitions shall be applicable in this chapter:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Building Inspector or Public Works Director or duly authorized
agent or representative.[1]
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.
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.
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.
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.
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.
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.
A sewer intended to receive both wastewater and storm or
surface water.
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.
Wisconsin Department of Natural Resources.
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.
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.
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.
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.
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.
A person or business holding a valid license to do septage
servicing under the Wisconsin Administrative Code.
The Village of Baldwin.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
Kjeldahl nitrogen which is the sum of organic nitrogen and
ammonia nitrogen.
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.
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.
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.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, governmental agency, or other entity.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of 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.
The total phosphorus and is expressed in mg/l of P (phosphorus).
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.
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.
Any publicly owned sewer, storm drain, sanitary sewer, or
combined sewer.
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.
A combination of liquid and water carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries sewage or wastewater.
The wastewater or contents of septic or holding tanks, dosing
chambers, grease interceptors, seepage beds, seepage pits, seepage
trenches, privies, or portable rest rooms.
The spent water of a person or community. The preferred term
is "wastewater."
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.
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.
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.
The State of Wisconsin.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
The water resulting from melting snow or rainfall.
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."
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.
Any person who discharges, causes or permits the discharge
of wastewater into the Village's wastewater disposal system.
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.
The structures and equipment required to collect and carry
wastewater.
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.
A document issued by the State of Wisconsin which establishes
effluent limitations and monitoring requirements for the municipal
wastewater treatment facility.
B.
"Shall" is mandatory; "may" is permissible.
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.
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]
(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.
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]
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.
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.
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.
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.
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]
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.
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:
(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]
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.
The municipality, through its duly authorized officers, reserves
the right to amend this chapter, in part or in whole, whenever it
may deem necessary.
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.
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.