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.
(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.
