There is hereby levied and assessed upon each lot or parcel of land with a building having a lateral available to discharge sewage into the public sanitary sewer system, a sewer user charge based upon rates established by the Village from time to time. The sewer user charge shall be payable as provided herein on the basis of measured water consumption or measured wastewater flow and, if required by the Village, measured pertinent waste constituents. Sewer use charges shall be collected on a quarterly or other basis as determined by the Village.
The sewer user charge applies to operation, maintenance and replacement costs of the wastewater system, including the Village's collection and interceptor server system and the Grand Chute-Menasha West Regional Wastewater Facilities for which the Village is charged for the use thereof.
A. 
Grand Chute-Menasha West Regional Wastewater Facilities. Operation, maintenance, replacement, depreciation and debt retirement costs for the Grand Chute-Menasha West Regional Wastewater Treatment Facilities are charged to the Village on the basis of metered discharges and actual waste constituent loads. These charges shall be prorated to Village users on the basis of flows and waste constituent loads as set forth below.
B. 
Village collection and interceptor sewer system. Operation, maintenance and replacement costs of the Village's collection and interceptor sewer system are charged to users on the basis of actual costs per records maintained by the Village. Charges for the operation, maintenance and replacement of the Village collection and interceptor sewer system shall be distributed to Village users on the basis of flows and, if required by the Village, measured pertinent waste constituents as set forth below.
The distribution of charges to users shall be as follows:
A. 
Grand Chute-Menasha West Regional Wastewater Treatment Facilities. Operation, maintenance, replacement, depreciation and debt retirement costs for the Grand Chute-Menasha West Regional Wastewater Treatment Facilities shall be distributed to Village users, based upon actual charges to the Village from the Grand Chute-Menasha West Regional Wastewater Treatment Facilities, for flows and measured wastewater constituents. Constituents include BOD, suspended solids, ammonia and phosphorus. Other constituents may be measured as deemed necessary.
B. 
Village collection and interceptor sewer system. Operation, maintenance and replacement costs of the Village collection and interceptor wastewater system shall be based on flow, which shall include measured or estimated flow emanating from a particular user, plus a portion of the clear water, which shall be distributed in direct proportion to measured or estimated flow for users and, if required by the Village, measured waste constituents.
C. 
Industrial users. For each industrial user, as defined in this chapter, the charges shall be based on measured flows and, if required by the Village, measured concentrations of BOD, suspended solids and phosphorus, plus a charge for clear-water flow as set forth herein. Wastewater from industries which are not required to measure waste constituents shall be considered domestic users for billing purposes, but may be tested, at the sole discretion of the Village, to determine if such wastewater is domestic in nature. The cost of such testing shall be borne by the user being tested.
D. 
Domestic users. For each domestic user, as defined in this chapter, the concentrations of BOD, suspended solids and phosphorus shall be assumed to be uniform for each user and charges shall be based on measured or estimated flow.
(1) 
Estimated flow for domestic users. The flow for a domestic user shall be equal to the total measured flow less the measured industrial flow, less the estimated clear-water flow.
(2) 
If it is determined that a significant amount of clear water is entering into the collection system, the Village may elect to establish a separate charge for clear water to allow for proper distribution of the costs associated with its transportation and treatment. In the event the Village elects to establish this charge, the "estimated annual clear-water flow" shall be defined as being equal to the difference between the total flow during the six months having the highest flows and the total flow during the six months having the lowest flows, unless the Village determines that for a particular circumstance, an alternate method of determining the clear water would be more appropriate.
(3) 
Clear-water flow shall be distributed proportionally to measured flow among all users, regardless of user class or wastewater flow, unless it can be shown that an individual user or group of users are generating a clear-water flow in excess of the average.
(4) 
The "total pounds of BOD, suspended solids and phosphorus" for the domestic user class shall be defined as being equal to the total loads as measured by the Grand Chute-Menasha West Regional Wastewater Facilities, less the measured loads of all other users.
(5) 
The "concentrations of BOD, suspended solids and phosphorus" for the domestic user class shall be equal to the annual total pounds, as defined by Subsection D(4) above, of each constituent divided by the annual flow, as defined in Subsection D(1) above.
(6) 
For domestic users having metered water supplies, the "wastewater flow" shall be defined as the metered water consumption, and the total flow shall be the wastewater flow plus a portion of the clear-water flow as defined in Subsection D(3) above. The pounds of BOD, suspended solids and phosphorus shall be equal to the constituent concentrations, per Subsection D(5) above times the wastewater flow.
(7) 
For nonmetered domestic users, the wastewater (total flow less the total clear-water flow) flow per residential unit equivalent shall be equal to the nonmetered domestic wastewater flow divided by the total nonmetered domestic residential unit equivalents. The total flow per residential user equivalent shall be the wastewater flow plus a portion of the clear-water flow as defined in Subsection D(3) above. The pounds of BOD, suspended solids and phosphorus shall be equal to the constituent concentrations, per Subsection D(5) above times the wastewater flow.
A. 
Industrial users. For industrial users, sewer user charges for operation, maintenance and replacement shall be based upon measured wastewater flows, proportionate or measured concentrations of wastewater constituents, and clear-water flows for the previous year or the most current period of record.
B. 
Metered domestic users. For domestic users having metered water supplies, sewer user charges for operation, maintenance and replacement shall be based upon measured water flows, proportionate concentrations of wastewater constituents and clear-water flows for the previous year or the most current period of record.
C. 
Unmetered domestic users. For domestic users having unmetered flows, sewer user charges for operation, maintenance and replacement shall be based upon wastewater flows, proportionate concentrations of wastewater constituents and clear-water flows for unmetered domestic users for the previous year or the most current period.
The sewage user charges as set forth above shall be for the collection of normal wastewater. The Village may, at any time, set special rates for large commercial or industrial users with atypical or extraordinary flows or wastewater constituents.
A. 
Users subject to surcharge. All users, including domestic users, discharging wastewater into the public sewage system may be subject to a user surcharge, in addition to any other user charge, in the event such user discharges atypical or extraordinary flows or wastewater constituents. The volume of flow used for compiling a user surcharge shall be the actual volume of wastewater as determined by metered water consumption or metered and/or monitored waste. The amount of the surcharge shall reflect the cost incurred by the Village in removing BOD, suspended solids, phosphorous and other pertinent constituents.
B. 
Surcharge rates. The surcharge rate shall be the same rate as the Village is charged by the Grand Chute-Menasha West Regional Wastewater Facilities. In addition, any costs of sampling and analyzing wastes shall be charged to the applicable user. In the event wastes are of such magnitude or strength or are discharged over such a period of time that the above surcharge does not reflect the full cost of treatment to the Village, the Village reserves the right to establish a special charge for handling the waste. In no event shall the charges be less than the sewer user charge.
In the event the Village requires pretreatment of wastes, the entire cost of such pretreatment shall be charged to the user. Such costs shall include but are not limited to capital, operation and maintenance costs.
A. 
The Village shall establish a Village budget on an annual basis. The budget shall be based on the previous year's operating, maintenance and replacement costs of the Village's collection and interceptor sewer system, expenses, revenues and charges from the Grand Chute-Menasha West Regional Wastewater Facilities.
B. 
Upon approval of the annual budget, the Village shall set the sewer user charge rates such that revenues will be balanced with costs and expenses.
C. 
User charge rates established by the Village shall distribute costs and expenses in proportion to wastewater contributions from industrial and domestic users. Excess revenues generated by either class will be used to offset charges and rates for that class in the following budget year.
D. 
The sewer user charge provisions of this chapter replace and supersede all previous provisions and agreements to the extent such previous provisions and agreements are inconsistent with the provisions of this chapter.
E. 
Sewer user charges shall be billed quarterly to all users and made payable to the Village within 30 days of the date of the invoice. In the event of late payment, a late charge of 12% of the total amount due shall be added to the user charge.
F. 
Each sewer user charge established by this chapter shall be a lien upon the property served by a connection to the Village system, and if such user charge is not timely paid, such charge, including interest, shall constitute a lien and be inserted on the tax roll as provided in § 66.0809, Wis. Stats.
G. 
Sewer user charge revenues received shall be deposited at regular intervals in a depository selected by the Village and shall be credited to the sewer revenue account which shall show all receipts and expenditures of the Village. Any surplus in the account shall first be applied to the payment of principal and interest on any revenue bonds issued and outstanding; then to the payment of principal and interest on any special assessment bonds or notes issued and outstanding; then to the Village depreciation fund; and then to expenses for additions or improvements or other necessary disbursements.
H. 
An audit of the financial standing of the Village shall be made annually. This audit shall be used to review the adequacy of existing rates.