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City of Manawa, WI
Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Manawa 8-21-1995.[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 106.
Erosion control — See Ch. 136.
Streets and sidewalks — See Ch. 273.
Water — See Ch. 294.
Floodplain zoning — See Ch. 300.
Shoreland-wetland zoning — See Ch. 301.
Subdivision of land — See Ch. 302.
[1]
Editor's Note: This ordinance superseded former Ch. 259, Sewers, adopted 10-18-1993 as Title 9, Ch. 2, of the 1989 Code of Ordinances.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVING AUTHORITY
The Common Council of the City of Manawa; or its duly authorized deputy, agent or representative.
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed in milligrams per liter. Quantitative determination of BOD5 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, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called "house connection." The portion of the building sewer located within the public right-of-way or easement shall be considered an integral part of the public sewer with ownership by the City. The property owner shall have the responsibility for maintaining the building sewer, including but not limited to cleaning or clearing the building sewer by rodding or flushing.
CHLORINE REQUIREMENT
The amount of chlorine, in milligrams per liter, which must be added to wastewater to produce a specified residual chlorine content in accordance with procedures set forth in Standard Methods.
CITY
The City of Manawa, County of Waupaca, State of Wisconsin.
COMBINED SEWER
Any sewer intended to serve as a sanitary sewer and a storm sewer.
COMMERCIAL USER
Any user whose premises is used primarily for the conduct of a profit-oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services, and who discharges primarily normal domestic wastewater. This definition shall also include multifamily residences having three or more units served by a single water meter.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned treatment works receiving the pollutants if such works was designed to treat such additional pollutants, and in part does remove such pollutants to a substantial degree.
COMPOSITE SAMPLE (24 HOURS)
The combination of individual samples taken at intervals of not more than one hour.
EASEMENT
An acquired legal right for the specific use of land owned by others.
FIXED CHARGE
The charges for the cost of debt retirement associated with the construction, erection, modification, or rehabilitation of the wastewater treatment facility and collection system. This charge shall be above the treatment, operation and maintenance and replacement charges. Fixed charges are based on the size of water meter(s) serving the user.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved treatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
FLOW PROPORTIONAL SAMPLE
A sample taken that is proportional to the volume of flow during the sampling period.
GARBAGE
The residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.
GREASE
A group of substances, including fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain other nonfatty materials as analyzed in accordance with procedures set forth in Standard Methods.
GROUND GARBAGE
The residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
INCOMPATIBLE POLLUTANT
Any pollutant which is not a compatible pollutant which will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility.
INDUSTRIAL USER
Any user whose premises is used primarily for the conduct of a profit-oriented enterprise in the fields of manufacturing, transportation, communications, utilities, mining, agriculture, forestry or fishing.
INDUSTRIAL WASTE
Any trade or process waste as distinct from segregated domestic wastes or wastes from sanitary conveniences.
INFILTRATION
Water unintentionally entering sanitary sewers, building drains and building sewers from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFLOW
The water discharged into the sanitary sewer, building drains and building sewers from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source.
INTERCEPTING SEWER
A sewer whose primary purpose is to convey wastewater from a collection system or systems to a wastewater treatment facility. Size of the sewer is not a factor.
MAJOR CONTRIBUTING INDUSTRY
An industrial or commercial facility that is a user of publicly owned treatment works and:
A. 
Has a waste discharge flow of 50,000 gallons or more per average workday;
B. 
Has a waste discharge flow greater than 5% of the flow carried by the municipal system receiving the waste;
C. 
Has in its waste a toxic pollutant in toxic amounts as defined in Wisconsin Administrative Code Chapter NR 215; or
D. 
Has a waste which the approving authority determines has or, in the case of a new source, will have a significant impact, either singly or in combination with other wastes, on the publicly owned treatment works or on the quality of effluent from such works.
MAY
Permissible.
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.
NORMAL DOMESTIC WASTEWATER
Sanitary wastewater resulting from the range of normal domestic activities, in which BOD5, SS or phosphorus concentrations do not exceed normal concentrations of:
A. 
A five-day, 20° C, BOD5 concentration of not more than 275 milligrams per liter (mg/L).
B. 
A suspended solids concentration of not more than 225 mg/L.
C. 
A phosphorus concentration of not more than 7 mg/L.
OPERATION AND MAINTENANCE (O&M) COSTS
All costs associated with the operation and maintenance of the wastewater treatment facility and wastewater collection system, as well as the costs associated with periodic equipment replacement necessary for maintaining the capacity and performance of the wastewater treatment and collection systems.
PARTS PER MILLION
A weight-to-weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
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 (base 10) 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 7 and a hydrogen-ion concentration of 10-7.
PHOSPHORUS (P)
Total phosphorus in wastewater, which may be present in any of three principle forms: orthophosphates, polyphosphates and organic phosphates. Quantitative determination of total phosphorus shall be made in accordance with procedures set forth in Standard Methods.
PRETREATMENT
An arrangement of devices and structures, for the preliminary treatment or processing of wastewater required to render such wastes acceptable for admission to the public sewers.
PUBLIC AUTHORITY
Any user whose premises is used for the conduct of the legislative, judicial, administrative or regulatory activities of federal, state, local or international units of government; government-owned educational facilities; government-owned health facilities; or government-owned recreational facilities. This does not include government-owned or -operated business establishments.
REPLACEMENT COSTS
Expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the service life of the treatment facility and collection system to maintain their design capacity and performance for which the systems were designed and constructed. Operation and maintenance costs include replacement costs.
RESIDENTIAL USER
Any user whose premises is used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as commercial user, as defined in this section.
SANITARY SEWER
A sewer that carries sanitary and industrial water-carried wastes from residents, commercial buildings, industrial plants and institutions, together with minor quantities of ground-, storm- and surface water that are not admitted intentionally.
SEGREGATED DOMESTIC WASTES
Wastes from nonresidential sources resulting from normal domestic activities. These activities are distinguished from industrial, trade and/or process discharge wastes.
SEWAGE
The spent water of a community. The preferred term is "wastewater," as defined in this section.
SEWER
A pipe or conduit that carries wastewater drainage water.
SEWER LATERAL
The portion of system located between the property line and sanitary sewer.
SEWER USER CHARGE
A charge levied on users of the wastewater treatment facility for capital-related expenses, as well as operation and maintenance costs of said facilities.
SHALL
Mandatory.
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 or flows during normal operation and shall adversely affect the system and/or performance of the wastewater treatment works.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Wastewater, and Industrial Wastes, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
STORMWATER
Not only stormwater (water from rain, snow, sleet, hail, flood or other natural cause, but also roof water, overflow water (from tank, cistern, well or sump) and other surface water. Stormwater does not include industrial and domestic wastewater.
STORM WATER RUNOFF
That portion of the rainfall that is drained into the sewers.
SUSPENDED SOLIDS (SS)
Solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and that are removable by laboratory filtering as prescribed in "Standard Methods" and are referred to as "nonfilterable residue."
TOXIC SUBSTANCE
Any substance, whether gaseous, liquid or solid, which, when discharged to the system in sufficient quantities, interferes with any wastewater treatment process, or constitutes a hazard to human beings or animals, or inhibits aquatic life in the receiving stream of the effluent from the treatment facility.
UNMETERED USER
A user who is not connected to the municipal water system, thereby does not have his private water supply metered.
UNPOLLUTED WATER
Water of quality equal or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER
Any person(s) discharging wastewater into the wastewater collection system.
USER CHARGE
A sewer service charge levied on users of the wastewater collection system and wastewater treatment facility for capital-related expenses as well as operation and maintenance costs for said facilities.
USER CHARGE SYSTEM
That system which generates operation and maintenance (O&M), and replacement revenues equitable for providing each user class with services.
USER CLASSES
Categories of users having similar flows and water characteristics: levels of biochemical oxygen demand, suspended solids, phosphorus, ammonia nitrogen, etc. For the purposes of this chapter, there shall be four user classes: residential, commercial, industrial and public authority.
UTILITY
The City of Manawa Sewer Utility.
VOLUME CHARGE
A user charge based upon the volume of normal strength wastewater to be transported.
WASTEWATER
The spent water of a community. 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 TREATMENT FACILITIES
The wastewater treatment works defined below, exclusive of interceptor sewers and wastewater collection systems. All wastewater treatment is provided by the City of Manawa wastewater treatment facility, and all references to wastewater treatment facilities refer to those facilities owned and operated by the City of Manawa.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for the storage, treatment, recycling and reclamation of wastewater, liquid industrial wastes and sludge. These systems include interceptor sewers, outfall sewers, wastewater collection systems, individual systems, pumping, power and other equipment and their appurtenances; any works that are an integral part of the treatment process or are used for ultimate disposal of residues from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal or industrial wastes.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently.
WDNR
The Wisconsin Department of Natural Resources.
WPDES PERMIT
The Wisconsin Pollutant Discharge Elimination System permit. General provisions are stated in Chapter NR 205 of the Wisconsin Administrative Code.
A. 
Council of the City of Manawa. The management, operation, and control of the Sewer Utility of the City is vested in the Common Council of said City; all records, minutes, written procedures thereof and financial records shall be kept by the City Clerk of the City.
B. 
Sewer Utility of the City of Manawa. The Sewer Utility of the City shall have the power to construct sewer lines for public use and shall have the power to lay sewer pipes in and through the alleys, streets and public grounds within the City boundaries, and generally, to do all such work as may be found necessary or convenient in the management of the wastewater collection system. The approving authority, its officers, agents and employees, are empowered to enter upon any land for the purpose of inspection or supervision in the performance of their duties under this chapter, without liability therefor; and the approving authority shall have power to purchase and acquire for the utility all real and personal property which may be necessary for construction of the sewer system, or for any repair, remodeling or addition thereto.
C. 
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgment of the approving authority be necessary to the sewer system and whenever, for any cause, an agreement for the purchase thereof, cannot be made with the owner thereof, the approving authority shall proceed with all necessary steps to take such real estate easement, or use by condemnation in accordance with the Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if federal funds are used.
D. 
Title to real estate and personal property. All property, real, personal and mixed, acquired for the construction of the wastewater collection system, and all plans, specifications, diagrams, papers, books and records connected therewith said wastewater collection system, and all buildings, machinery and fixtures pertaining thereto, shall be the property of said City.
E. 
User rules and regulations.
(1) 
The user rules, regulations and user charges of the utility are a part of the contract between the utility and every user. Every person who connects to the wastewater collection system is deemed to have consented to be bound by such rules, regulations and rates. In the event of violation of the rules or regulations, the water and/or sewer service to the violating user shall be shut off (even though two or more parties are receiving service through the same connection). Water and sewer service shall not be reestablished until all outstanding bills, and shut off and reconnection charges are paid in full, and until such other terms and conditions as may be established by the approving authority are met.
(2) 
In addition to all other requirements, the approving authority shall be satisfied that the offender will not continue in violation of the rules and regulations before authorizing reconnection of the offender's services. The approving authority may change the rules, regulations and sewer rates from time to time as it deems advisable and may make special rates and contracts in all proper cases.
A. 
Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the approving authority.
B. 
User connections.
(1) 
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required at the owner(s)' expense to install suitable toilet facilities therein and connect such facilities directly to the proper public sewer in accordance with the provisions of this chapter within three months after the date of official notice from the City. The approving authority shall be responsible for properly notifying the owner(s).
(2) 
If any person fails to comply after the expiration of the time provided by the notice, the City shall cause connection to be made. The expense thereof shall be assessed as a special tax against the property at an interest rate of 18% per year from the completion of work.
(3) 
The sewer user charges contained in this user charge system shall take effect as of the day a connection to the sewer is made.
C. 
Storm sewers. Stormwater other than that exempted under Subsection A and all other unpolluted drainage 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 of process waters may be discharged, on approval of the approving authority, to a storm sewer or natural outlet.
D. 
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, 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, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals or create a public nuisance in the receiving waters of the wastewater treatment works.
(c) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
(d) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater 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.
(e) 
The following described substances, materials, waters or waste shall be limited to discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, public property or constitute a nuisance. The approving authority may set limitations lower than the limitations established in the regulations below if in its opinion such more severe limitations are necessary to meet the above objectives. In forming an opinion as to the acceptability, the approving authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment facility, degree of treatability of the waste in the wastewater treatment facility and other pertinent factors. The limitations or restrictions on material or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the approving authority are as follows:
[1] 
Wastewater having a temperature higher than 150° F. (65°C.).
[2] 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin.
[3] 
Wastewater from industrial plant containing floatable excess oils, fat or grease.
[4] 
Any garbage that has not been properly shredded. 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.
[5] 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the approving authority for such materials.
[6] 
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority.
[7] 
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 or federal regulations.
[8] 
Quantities of flow, concentrations or both which constitute a slug as defined herein.
[9] 
Water or wastes containing substances which are not amendable to treatment or reduction by the wastewater treatment processes employed, or are amendable 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.
[10] 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
[11] 
Materials which exert or cause:
[a] 
Unusual BOD5, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.
[b] 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
[c] 
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).
[d] 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(2) 
No wastewater, regardless of character, shall be discharged to the wastewater system in such a manner as to interfere with the designed operation of the collection system or treatment facility, or to cause the treatment works to exceed the limits established by the WPDES permit.
E. 
Special arrangements. No statement contained in this article shall be construed as prohibiting any special agreement between the City and any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater treatment works, either before or after pretreatment works, by reason of the admission of such wastes, and no extra costs are incurred by the City without recompense by the person, provided that all rates and provisions set forth in this chapter are recognized and adhered to.
F. 
New connections. New connections to the wastewater collection system shall not be permitted if there is insufficient capacity in the treatment works to adequately transport and/or treat, as required by the WPDES permit, the additional wastewater anticipated to be received from such connections.
G. 
Free service. No user shall receive free service or pay a user charge less than the user's proportional share of operation and maintenance costs.
H. 
Outside service. All users within the sewer service area of the City of Manawa shall be treated equally as to user charges regardless of their location with respect to the City boundaries.
A. 
Submission of basic data.
(1) 
Within three months after passage of this chapter, firms discharging industrial wastes to a public sewer shall prepare and file with the approving authority a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Such information shall be provided as per Chapter NR 101 of the Wisconsin Administrative Code.
(2) 
Similarly, each person desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the approving authority a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.
B. 
Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by Subsection A, a request for extension of time may be presented for consideration to the approving authority.
C. 
Industrial discharges.
(1) 
If any waters or wastes are discharged, or proposed to be discharged, to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in this section and which, in the judgment of the approving authority, may have deleterious effect upon the wastewater works, processes, equipment or receiving waters, or which otherwise create a hazard to life, health or constitute a public nuisance, the approving authority may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable limit for discharge to the public sewers;
(c) 
Require control over the quantities and rate of discharge; and/or
(d) 
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 § 259-2E.
(2) 
The toxic pollutants subject to prohibition or regulation under this section shall include, but need not be limited to, the list of toxic pollutants or combination of pollutants established by Section 307(a) of the Clean Water Act of 1977 and subsequent amendments. Effluent standards or prohibitions for discharge to the sanitary sewer shall also conform to the requirements for Section 307(a) and associated regulations.
(3) 
Pretreatment standards for those pollutants which are determined not to be susceptible to treatment by the treatment works or which,would interfere with the operation of such works shall conform to the requirements and associated regulations of Section 307(b) of the Clean Water Act of 1977 and subsequent amendments. The primary source for such regulations shall be 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution.
D. 
Control manholes.
(1) 
Each user discharging industrial wastes into a public sewer shall construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of the waste, including domestic wastewater.
(2) 
Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the approving authority.
(3) 
Control manholes, access facilities and related equipment shall be installed by the user discharging the waste, at the user's expense, and shall be maintained by the user 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.
E. 
Measurement of flow from high strength or toxic waste dischargers.
(1) 
The volume of flow used for computing the user charge shall be the metered water consumption of the person as shown, in the records of meter readings maintained by the City Water Department except as noted in Subsection F.
(2) 
Provision for deductions. In the event that a person discharging industrial waste into the public sewers produces evidence satisfactory to the approving authority that more than 20% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the approving authority and the person. Satisfactory evidence shall be evidence obtained by approved metering.
F. 
Metering of industrial 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 discharger. A maintenance schedule must be accepted by the approving authority. Following approval and installation, such meters may not be removed without the consent of the approving authority.
G. 
Waste sampling.
(1) 
Industrial wastes discharged into the public sewers shall be subject to 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.
(2) 
Sampling shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority.
(3) 
Installation and operation and maintenance of the sampling facilities shall be the responsibility of the user 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.
H. 
Analyses.
(1) 
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. Sampling methods, location times, durations and frequencies are to be determined on an individual basis subject to approval by the approving authority.
(2) 
Determination of the character and concentration of the industrial wastes shall be made by the user discharging them, or his agent, as designated and required by the approving authority. The approving authority may also make its own analyses on the wastes, and these determinations shall be binding as a basis for charges.
I. 
Pretreatment. Where required, in the opinion of the approving authority, to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment works, the person shall provide at his expense such preliminary treatment or processing facilities as may be determined required to render his wastes acceptable for admission to the public sewers.
J. 
Submission of information. Plans, specifications and any other pertinent information relating to proposed flow equalizations, pretreatment or processing facilities shall be submitted for review of the approving authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.
K. 
Grease and/or 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 excessive amounts, as specified in § 259-3D(1)(e)[3], or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters to 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 the maintaining of 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. Any removal and hauling of the collected materials not performed by owner(s)' personnel must be performed by currently licensed waste disposal firms.
L. 
Industrial permit reports. Each year all industrial users shall submit a WDNR Industrial Permit Report to the approving authority. Forms for this report will be furnished by the City Clerk.
A. 
Right of entry. The City Engineer, operator of the wastewater treatment facility, Plumbing Inspector or other duly authorized representative of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, testing, all in accordance with the provisions of this chapter and W.S.A. s. 196.171. The City Engineer, operator of the wastewater treatment facility, Plumbing Inspector or other duly authorized representative of the City shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the sewers and waterways or facilities for wastewater treatment.
B. 
Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized representatives shall observe all safety rules applicable to the premises established by the owner or occupant, and the City shall indemnify the owner against loss or damage to its property by City representatives and against the liability claims and demands for personal injury or property damage asserted against the owner and growing out of gauging and sampling operation, and indemnify the owner against loss, or damage to its property by City representatives, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 259-4D.
C. 
Identification; right to enter easements. The City Engineer, operator of the wastewater treatment facility and other duly authorized representatives of the approving authority bearing proper credentials and identification shall be permitted to enter all private properties through which the approving authority holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater treatment works lying within said easement, all subject to the terms, if any, of the agreement.
A. 
Work authorized. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public 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 property owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The City shall approve the contractor and construction plans for the building sewer.
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. The size, slope, alignment, materials of construction of building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
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 wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
F. 
Storm- and groundwater drains.
(1) 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which are connected directly or indirectly to a public sanitary sewer.
(2) 
Any person in violation of this section shall disconnect all downspouts, groundwater drains, etc., no later than sixty days from the date of an official written notice by the approving authority. If any person fails to comply after the expiration of the time provided, the approving authority may cause disconnection to be made.
G. 
Conformance to plumbing codes. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.
H. 
Plumbers. No plumber, pipe fitter or other person will be permitted to do any plumbing or pipe fitting work in connection with the collection system without first receiving a license from the State of Wisconsin and posting a bond of $1,000 with the City of Manawa, except in cases where state law permits building owners to do their own work without being licensed.
I. 
Inspection of connection. The applicant for the building sewer permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the approving authority.
J. 
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.
K. 
Installation of building sewers. All building sewers on private property will be installed in accordance with ILHR 83, Private Sewage Systems; specifically Section ILHR 83.21, Building Sewers and Drains. Per Section ILHR 83.21, all building sewers will be inspected. The building sewer and/or private interceptor main sewer shall be inspected upon completion of placement of the pipe and before backfilling; and tested before or after backfilling.
L. 
Excavations.
(1) 
In making excavations in streets or highways for laying building sewers or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public.
(2) 
No person shall leave any such excavation made in any street or highway open at any time without barricades; and during the night, warning lights must be maintained at such excavations.
(3) 
In refilling the opening, after the building sewers are laid, the earth must be laid in layers of not more than 12 inches in depth, and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, gravel and paving, must be done so as to make the street as good, at least, as before it was disturbed, and satisfactory to the City and county. No opening of the streets for tapping the pipes will be permitted when the ground is frozen, except in emergencies.
(4) 
A permit from the approving authority or other appropriate governmental body shall be obtained prior to excavating in any street, alley or other public way. Such permit shall be obtained and exhibited to the City Clerk before a connection permit will be issued.
M. 
Tapping the mains.
(1) 
No person, except those having special permission from the approving authority, or persons in their service and approved by them, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from said City.
(2) 
Pipes should always be tapped on the top, and not within 15 inches (38 cm) of the joint, or within 36 inches (90 cm) of another lateral connection.
(3) 
All connections to existing sewer mains shall be made with a saddle T or Y fitting set upon a carefully cut opening centered on the upper quadrant of the main sewer pipe and securely strapped on with corrosion-resistant straps or rods, or with solvent welded joints in the case of plastic pipe.
A. 
Mandatory hookup.
(1) 
The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human habitation or in a block through which such system is extended shall connect to such system within 90 days of notice in writing from the City. Upon failure to do so, the City may cause such connection to be made and bill the property owner such costs. If such costs are not paid within 30 days, such notice shall be assessed as a special tax lien against the property, all pursuant to W.S.A. s. 281.45; provided, however, that the owner may within 30 days after the completion of the work file a written request with the utility stating that he cannot pay such amount in one sum and ask that there be levied in not to exceed five equal installments, and that the amount shall be so collected with interest at the rate of 6% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to W.S.A. s. 281.45.
[Amended 1-3-2000]
(2) 
In lieu of the above, the utility at its option may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, of an amount equal to 150% of the average residential charge for sewer service payable quarterly for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to W.S.A. s. 281.45.
[Amended 1-3-2000]
(3) 
This chapter ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said City and fails to assure preservation of public health, comfort and safety of said City.
B. 
Maintenance of services.
(1) 
The utility shall maintain sewer service within the limits of the City for the street mains and sewer laterals, without expenses to the property owner, except when they are damaged as a result of negligence or carelessness on the part of the property owner, a tenant or an agent of the property owner. All sewer services from the point of maintenance by the system to and throughout the premises must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property.
(2) 
When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer shall be installed for each building.
C. 
Application to connect proposed new wastewater system.
(1) 
Any person located within the corporate limits of the City desiring to connect a proposed new wastewater system to the wastewater treatment works shall make a written application to the approving authority for permission to make such connection or use. The application shall include a statement of the location or locations at which it is desired to connect and a statement of the character of the wastewater to be transmitted.
(2) 
The City shall select an engineering consultant to design all proposed wastewater systems. All costs and expenses incident to the design and bidding, including engineering, permits and other fees associated with the connection or hookup to the wastewater collection system, shall be borne by the developer requesting the extension. Prior to the design of a sewer extension, the developer shall secure and furnish proof of an escrow account for the estimated amount of the design costs, the amount to be determined by the City. The account shall be so arranged and an escrow agreement executed between the developer, the bank, the approving authority to allow the latter to withdraw amounts from the account. The account shall be sufficient to cover payments to all parties under contract with the City for the design of the wastewater system. This money will not be refunded if the project does not proceed to construction.
D. 
Alterations.
(1) 
Alterations to existing wastewater systems connected to the wastewater treatment works shall be treated as proposed new wastewater systems. The approving authority may modify this provision if the sewer connection is not directly connected to an approving authority sewer and provided that the person has previously presented and has had approved a general overall sewer plan. If such a modification is made, it will be done in writing and must be kept on file by the person to which it applies.
(2) 
After sewer connections have been made in a building or upon any premises, no plumber shall take any alterations, extensions or attachments unless the party ordering such work shall exhibit the proper permit.
E. 
Permit to connect. Prior to permitting such connection or use, the approving authority may investigate, or cause to be investigated, the wastewater system for which such connection or use is requested. If the approving authority finds such system to be in a satisfactory condition, it will grant a permit for such connection or use. If the approving authority finds such system to be defective in operation, construction, design, or maintenance, the approving authority will so notify the applicant and will advise him that, upon completion of specified alterations, new construction or changes in supervision or operation, a permit will be granted. Should the plans or specifications not be approved, one copy will be returned to the applicant who will be informed as to the reason for nonapproval.
F. 
Reserve capacity. Prior to permitting any connection or use of the treatment works, the approving authority shall ascertain that all downstream sewers, interceptors, lift station, forcemains, and treatment works have sufficient reserve capacity for volume, suspended solids and BOD5 to assure adequate collection and treatment of the additional wastewater contributed to the wastewater treatment works. The approving authority reserves the right to refuse a connection or use permit if the requirements for this subsection cannot be met with the granting of the permit.
G. 
Inspections and supervision during construction. During the construction of any wastewater system which the approving authority has approved, the approving authority may, from time to time, inspect the same to see that said work is being done in accordance with the approval plans and specifications. Failure to make such inspections shall not nullify the rights of the approving authority to require reconstruction should nonadherence to approved plans be subsequently discovered. Every person in the construction of laterals or wastewater systems, within its jurisdiction, shall require that such construction be under the direction of a Wisconsin registered professional engineer or licensed master plumber, if plan approval was obtained under his license. The engineer or master plumber shall keep accurate records of the location, depth and length of the sewers as built, and of the location of the Y-branches or slants.
H. 
Permits not granted. Permits shall not be granted for the connection of combined sewers to the interceptors or municipal sewers. Permits shall not be granted for the connection of any proposed or existing storm sewers to the approving authority wastewater treatment works. Connection of catch basin or curb inlets to any sanitary sewer directly or indirectly connected to the wastewater treatment works is strictly prohibited.
I. 
Physical connection. All proposed sewer connections shall be planned to be made at a manhole with the flow lines of the connecting sewer being at or below the manhole shelf, or the connection shall be made through an approved drop. At least 24 hours before connection is to be made, notice of such intent must be given to the approving authority. When the actual connection is made, it must be done in the presence of an approving authority inspector.
J. 
Records. Records of connections to the wastewater collection system shall be kept by the municipality in which such connections are made, and such records shall be available for inspection by the approving authority.
K. 
User use only. No user shall allow others or other services to connect to the wastewater collection system through his building sewers and building drains.
L. 
User to permit inspection. Every user shall permit the Utility, or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures, and the manner in which the drains and sewer connections operate; and they must at all times, frankly and without concealment, answer all questions put to them relative to its use.
M. 
Utility responsibility. The Utility and its agents and employees shall not be liable for damages occasioned by reason of the breaking, clogging, stoppage or freezing of any building sewers or building drains; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the water and sewer service at any time for the purpose of repairs, or any other necessary purpose, and permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the sewer service within any district of the said City, the City shall, if practicable, give notice to each and every consumer affected within said City of the time when such service will be so shut off.
N. 
User to keep in repair. All users shall keep their own building sewers and building drains in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system.
A. 
Septic tanks and holding tanks prohibited. The maintenance and use of septic tanks, holding tanks or other private disposal system within the sewer service area of the City serviced by its wastewater collection system are hereby declared to be a public nuisance and a health hazard. The use of these systems is prohibited unless a special permit is obtained from the approving authority. Upon abandonment of the septic tank or holding tank, the tank shall be filled with sand or gravel in a manner acceptable to the approving authority.
B. 
Septic tank and holding tank disposal.
(1) 
No person in the business of gathering and disposing of septic tank or holding tank wastes shall transfer such material into any disposal area or manhole located within the City of Manawa boundaries 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 nontransferrable except in 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. Annual fees shall be established by the approving authority. Any applicant for a permit shall furnish a bond to the City of Manawa in the amount of $5,000 to guarantee performance. The bond shall be provided prior to the permit being issued. 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. Bills shall be mailed on a monthly basis, and if payments are not received in 30 days thereof, disposal privileges shall be suspended.
(2) 
Any commercial hauler of septic tank or holding tank wastes agrees to carry public liability insurance in an amount not less than $100,000 and to protect any and all persons or property from injury and/or damage caused in any way or manner by any act, or failure to act, by any of his employees. A certificate certifying such insurance to be in full force and effect shall be furnished to the approving authority.
(3) 
Any wastes discharged into the treatment system shall be of domestic origin and will comply with the provisions of any and all applicable ordinances of the City of Manawa. A discharger shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or inflammable liquids or other deleterious substances into any manhole nor allow any earth, sand or solid material to pass into any part of the wastewater system.
(4) 
Any person or party disposing of septic tank or holding tank wastes agrees to indemnify and save harmless the City of Manawa from any and all liability and claims for damage arising out of or resulting from work and labor performed.
A. 
Willful, negligent or malicious damage. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any persons violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.
B. 
Liability for losses. Any person who intentionally, negligently or accidentally violates any provisions of this chapter shall become liable to the City of Manawa or any downstream user, for any expense, loss or damage occasioned by reason of such violation which the City or any downstream user may suffer as a result thereof. This section shall be applicable whether or not a written notice of the violation was given as provided in § 259-10 and without consideration for any penalties which may be imposed for a violation of this chapter.
A. 
Written notice of violation. Any person found to be violating any provision of this chapter shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a fine, pay the amount to cover damage, both values to be established by the approving authority.
C. 
Continued violations. Any person, partnership or corporation, or any officer, agent or employee thereof, who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, pay a forfeiture of not less than $10 nor more than $2,500, together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the Waupaca County Jail until such forfeiture and costs are paid, but not exceeding 90 days. This, however, shall not bar the approving authority from enforcing the mandatory hookup provision in § 259-7A or any other right the approving authority may have.
D. 
Liability to City for losses. Any person violating any provision of this chapter shall become liable to the City for any expense, loss or damage occasioned by reason of such violation which the City may suffer as a result thereof.
E. 
Differences of opinion. The City of Manawa Attorney shall arbitrate differences between the approving authority and sewer uses on matters concerning interpretation and execution of the provisions of this chapter by the approving authority.
F. 
Damage recovery.
(1) 
The City shall have the right to recover any expense incurred by the utility for the repair or replacement of any property owned by the City or utility damaged in any manner from the person responsible for such damage.
(2) 
Any user discharging toxic pollutants shall pay for any increased operation, maintenance and replacement costs caused by said discharge, in addition to any other charge or penalties provided herein.
A. 
Billing period. User charges for all customers shall be billed on a quarterly basis.
B. 
Payment. User charges shall be included as separate items on the regular quarterly statement for water services or as otherwise determined by the approving authority. User charges shall be payable at the office of the approving authority or at any other officially designated location at the same time that the water statements become due, and payments for water service shall not be accepted without full payment of the user charges.
C. 
Penalties. Charges levied in accordance with this chapter shall be a debt due to the City of Manawa. If the debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent. There shall be an added penalty of 3% of the amount of the quarterly bill. Charges and penalties shall constitute a lien upon the property services and be recorded on the City's tax roll. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
D. 
Notification. Each user shall be notified annually, in conjunction with a regular bill, of the rate schedule attributable to wastewater treatment services, including an explanation of the charges.
E. 
Billing. The property owner is held responsible for all bills on premises that he owns. All bills and notices of any nature, relative to the sewer service, will be addressed to the owner and/or occupant and delivered to the addressee by first class mail.
F. 
Failure to receive bill, no penalty exemption. Every reasonable care will be exercised in the proper delivery of bills. Failure to receive a bill, however, shall not relieve any person of the responsibility for payment of user charges within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof.
G. 
Delinquent bills. On October 15 in each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which service has been furnished prior to October 1 and payment for which is owing and in arrears at the time of giving such notice. The Utility shall furnish the City Treasurer with a list of all such lots or parcels of real estate, and the notice shall be given by the Utility. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such Utility; that unless the same is paid by November 1, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent as above specified. Such notice may be served by delivery to either such owner or occupant personally, or by letter addressed to such owner or occupant at the post office address of such lot or parcel of real estate. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said tax if the same is not paid within the time required by law for payment of taxes upon real estate.
A. 
No fine shall be levied under § 259-11C and no indemnity shall be assessed under § 259-11G except upon due hearing regarding the violation permitting the alleged violator to show cause, if any there be, before the approving authority why a fine should not be imposed pursuant to § 259-11C or why assessment should not be made pursuant to § 259-11G or any combination of the two. An order for hearing issued by the approving authority shall be served upon the alleged violator in the same manner as a summons is served under Wisconsin statutes, and it shall be returnable before the approving authority at a time certain not sooner than five days after service.
B. 
The order for hearing may contain ex parte interim orders pendente lite as may appear (by testimony or appropriate documents filed with the approving authority, or both) necessary to protect the public health, welfare or safety on an emergency basis, including but not limited to temporary termination of service.
C. 
Testimony taken before the approving authority will be under oath or affirmation and recorded stenographically. A transcript thereof will be made available to any member of the public, including but not limited to any party to the hearing, upon payment of the usual charges therefor.
D. 
After the approving authority has reviewed the evidence, it may impose any fine authorized by § 259-11C or assess any indemnity authorized by § 259-11G, as, in the judgment of the approving authority, is warranted by the evidence. The approving authority may issue such further orders and directives as it deems appropriate, including orders requiring the violator to pay the full costs of the proceedings, including the City's technical, administrative and other costs in developing its proofs and reasonable attorney fees.
E. 
A violator may avoid the hearing herein provided by written waiver stipulating guilt presented to the City at least 24 hours prior to the hearing time. The approving authority will meet nevertheless, will make no stenographic transcript, will give the violator an opportunity to be heard in mitigation and may then act in accordance with Subsection D of this section, except that the violator shall not be required to pay any costs of the proceeding.
The Common Council of the City of Manawa, through its duly qualified officers, reserves the right to amend this chapter, in part or in whole wherever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and proper hearing on the proposed amendment.
The City of Manawa shall conduct an annual audit, the purpose of which shall be to reestablish the equity and adequacy of the user charges relative to changes in system operation and maintenance costs.
A. 
The following methodology is to be utilized by the City of Manawa to determine the user charges for its customers.
B. 
User charges must be reviewed annually and updated as required to maintain sufficient revenues and maintain a proportional distribution of costs among users and user classes. Regardless of the frequency of revision, this methodology can be utilized at any time. It should be noted that the values and calculations presented in this document are for example purposes only.
(1) 
It will be necessary for the City to utilize the actual values, as determined by the final project audit, for the following:
(a) 
Operation and maintenance (O&M) costs.
(b) 
Replacement costs, where applicable.
(c) 
Number of customers.
(d) 
Volume and waste loads.
(2) 
These actual values must be used each time the user charges are determined.
C. 
The purpose of this methodology is to ensure that each user class pays its proportionate share of operation and maintenance (including replacement) and other costs of operating the wastewater treatment facility and wastewater collection system within the City of Manawa service area. Following the completion of the annual review, the City shall revise as necessary the charges for users and user classes to maintain the proportionate distribution of costs among users and user classes, generate sufficient revenue to pay the total costs necessary for the proper operation (including maintenance and replacement) of the treatment facility and collection system and to apply excess revenues collected from a class of users to the costs of operation attributable to that class for the next year and adjust the rates accordingly.
A. 
The City of Manawa has modified its existing wastewater treatment facility. The modifications consist of:
(1) 
Headworks building with screening.
(2) 
Fine bubble aeration.
(3) 
Rotary positive displacement blowers.
(4) 
Liquid chlorination/liquid dechlorination.
(5) 
Ferric chloride feed system.
(6) 
Sludge storage tank.
B. 
The design flow and waste loadings are as follows:
(1) 
Daily average flow: 285,000 gallons per day.
(2) 
Peak daily flow: 550,000 gallons per day.
(3) 
Average BOD: 618 gallons per day.
(4) 
Peak month BOD: 800 pounds per day.
(5) 
Average TSS: 414 pounds per day.
(6) 
Peak month TSS: 700 pounds per day.
A. 
The purpose of the fixed charge is to recover the capital costs incurred by the City of Manawa in the construction of the wastewater treatment facility and collection system and any subsequent modifications.
B. 
The base fixed charge for all users shall be based on the size of their water meter(s) in accordance with the schedule below. Unmetered residential users shall be considered to be equivalent to a three-fourths-inch meter. Other unmetered users will be evaluated on a case-by-case basis by the approving authority.
[Amended 3-1-2010 by Res. No. 2010-2]
Meter Site
(inches)
Base Quarterly Fixed Charge
Unmetered
$44.36
3/4
$44.36
1
$75.43
1/4
$119.80
1 1/2
$159.72
2
$244.03
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, concerning projected debt service charge, was removed at the request of the City.
D. 
Sewers used have been found to comprise meter equivalents based on water meter sizes, as shown in Schedule 1. The typical residence consists of one meter equivalent and will be charged $44.36 per quarter or $177.44 per year. Calculation of the charges for various meters and a summary of charges for all meters are presented in Schedule Nos. 1, 2 and 3.[2]
[Amended 3-1-2010 by Res. No. 2010-2]
[2]
Editor's Note: Said schedules are available from City offices.
A. 
Operation and maintenance charge.
(1) 
The cost to operate and maintain the wastewater treatment facility and wastewater collection system must be paid by the users of the system in approximate proportion to their usage. Where metered water usage data is available, this can be used as a basis for equitable sewer user charges. However, when information on actual usage is not available, user charges must be based on estimated wastewater contribution, using similar land and building uses in other communities as a guide.
(2) 
Operation and maintenance costs are defined, per the requirements of the Clean Water Fund loan program, to include replacement costs. That is, a separate fund must be established in which moneys will be accumulated to pay the cost "for obtaining and installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance (of the wastewater works) during (its) service life." The Replacement Fund budget shown includes an annual contribution of $8,094 for this purpose (refer to Schedule 5).
(3) 
The cost of operating and maintaining the treatment works will vary from year to year. The projected total cost for the next year of operation is $343,180.
[Amended 3-1-2010 by Res. No. 2010-2]
(4) 
Unit treatment costs are also shown and are based on the projected flows and waste loads for the first year of operation. The anticipated unit costs are:
(a) 
Volume: $0.762 per 1,000 gallons.
(b) 
BOD5: $0.241 per pound.
(c) 
SS: $0.362 per pound.
(d) 
Phosphorus: $4.491 per pound.
(5) 
Discharges of "normal strength wastewater," defined as not exceeding 275 milligrams per liter (mg/L) concentration of BOD5, 225 mg/L concentration of SS and 7 mg/L concentration of phosphorus as determined from monitoring records, will pay on a unit basis of $4.11 per 1,000 gallons.
[Amended 3-1-2010 by Res. No. 2010-2]
(6) 
Customers discharging wastewaters of greater than normal strength must pay a surcharge on the additional loadings. The charge for each customer would be determined from the formula presented below:
C = F + $2.30 x V + .00834 x V x [($0.241 x B) + ($0.362 x S) + ($4.491 x P)]
Where:
C
=
Charge to collection system user for operation and maintenance and replacement costs for treatment works.
F
=
Base quarterly fixed charge.
V
=
Wastewater volume per 1,000 gallons.
B
=
Concentration of BOD5 from a user above, the normal strength of 275 mg/L.
S
=
Concentration of suspended solids from a user above the normal strength of 225 mg/L.
P
=
Concentration of phosphorus from a user above the normal strength of 7 mg/L.
.00834
=
Conversion factor (mg/L to lbs)
(7) 
Unmetered users must pay a flat rate charge based on average water usage. The flat rate charge for unmetered users is $29.00 as determined in Schedule 7. The total charge for unmetered users equals the volume charge plus the fixed charge for an unmetered user.
B. 
Holding tank and septic tank waste.
(1) 
Holding tank dischargers. Charges to licensed dischargers of holding tank wastes shall be computed on the following basis:
Assumed Strength
BOD5
500 mg/L
SS
1,300 mg/L
Phosphorus
25 mg/L
Volume charge = $6.65 per 1,000 gallons.
(2) 
Septic tank dischargers. Charges to licensed dischargers of septic tank wastes shall be computed on the following basis:
Assumed Strength
BOD5
2,400 mg/L
SS
9,000 mg/L
Phosphorus
360 mg/L
Volume charge = $46.30 per 1,000 gallons.[1]
[1]
Editor's Note: Former §§ 259-19, Total sewer user charges, and 259-20, Summary of revenues and expenses, which immediately followed this section, were removed at the request of the City.