[HISTORY: Adopted by the Village Board of
the Village of Westfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted as § 4-7-4 of the 1985
Code]
Whenever sewer and water become available to
any building used for human habitation, the Health Officer or his
designee shall notify in writing the owner, agent or occupant thereof
to connect all facilities thereto required by the Health Officer.
The notice required by § 420-1 shall direct the owner or his agent to connect the building to such main or mains in the manner prescribed by the Health Officer and to install such facilities and fixtures as may be reasonably necessary to permit passage of sewage incidental to such human habitation into the sewerage system and to furnish an adequate supply of pure water for drinking and prevent creation of a health nuisance.
[Amended 5-8-2007 by Ord.
No. 10:07]
If the owner or his agent fails to comply with
the notice of the Health Officer within 90 days of service or mailing
thereof, the Health Officer may cause connection to be made, and the
expense thereof shall be assessed as a special tax against the property.
The owner or his agent, in order to pay the special assessment, shall be charged the same interest and the amount due shall be the same as the provisions for special assessments mentioned in Chapter 12 of this Code.
After connection to a water main and public
sewer a privy, privy vault or cesspool shall not be constructed or
maintained upon such lot or parcel and shall be abated upon 10 days'
written notice for such abatement by the Health Officer. If not so
abated, the Health Officer shall cause the same to be done and the
cost thereof assessed as a special tax against the property.
The Board of Health may extend the time for
connection hereunder or may grant other temporary relief where strict
enforcement would work an unnecessary hardship without corresponding
public or private benefit.
[Adopted as Title 5, Ch. 1 of the 1985 Code]
As used in this article, the following terms
shall have the meaning indicated. The term "shall" is mandatory; "may"
is permissive.
The Village Board of the Village of Westfield.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 68° F. (20° C.) expressed in milligrams per liter.
The 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.
The extension from the building drain to the public sewer
or other place of disposal; also called "house connection."
The amount of chlorine, in milligrams per liter, which must
be added to sewage to produce a specified residual chlorine content
in accordance with procedures set forth in Standards Methods.
Those customers of the Village which are not residential
and do not discharge industrial wastes.
That charge to customers in the Village which shall in whole
or in part defray the costs of retiring the debts incurred in the
construction of any wastewater facilities by the Village.
An acquired legal right for the specific use of land owned
by others.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
Garbage 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 1/2 inch
in any dimension.
Any customer of the Village which discharges
industrial wastes and is identified in the Standard Industrial Classification
Manual, 1972, Office of Management and Budget, as amended and supplemented,
under the following divisions:
For the purpose of this article, a user in the
divisions listed is excluded it is determined that it discharges primarily
segregated domestic water or wastes from sanitary conveniences, or
that it discharges the equivalent of 25,000 gallons per day or less
of sanitary wastes, provided that such discharge does not contain
pollutants which interfere with the treatment process, are toxic or
incompatible, or contaminate or otherwise reduce the utility of the
sludge.
The wastewater from industrial processes, trade or business
as distinct from sanitary sewage.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
All costs incurred in the operation and maintenance of the
Village wastewater treatment works. Notwithstanding other accounting
procedures as may be used by the Village for other purposes, in the
context of this article this class of costs shall be understood to
include equipment replacement costs and shall be understood to exclude
depreciation charges and debt retirement.
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.345 shall be equivalent to pounds per million gallons
of water.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of the hydrogen ions in grams per
liter of solution. Neutral water, for example, has a pH value of seven
and a hydrogen-ion concentration of 10-7.
The element of that same name, the concentration of which
in wastewater is ascertained by the test for total phosphorus, as
defined in Standard Methods.
A common sewer controlled by a governmental agency or public
utility.
The cost associated with maintaining a fund with sufficient
resources to provide for obtaining and installing the equipment associated
with the Village's wastewater treatment works at the end of the service
life of such equipment item. The yearly replacement cost is calculated
by calculating the depreciation of the Village's equipment accounts.
Any combination of liquid and water-carried wastes discharged
from sanitary plumbing facilities. Sanitary sewage shall be assumed
to have the following waste concentrations:
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of groundwater, stormwater and surface
waters that are not admitted intentionally.
The total charge to customers of the Village and means the
sum of the user charge and debt charge.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
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 collection system and/or performance of
the wastewater treatment works.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water,
Sewage and Industrial Wastes, published jointly by the American Public
Health Association, the American Water Works Association and the Federation
of Sewage and Industrial Wastes Association.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
Total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater, or other liquids and
that is removable by laboratory filtering as prescribed in Standard
Methods for Examination of Water and Wastewater and referred to as
"nonfilterable residue."
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
That charge to property owners of the Village which shall
adequately provide for proportionate recovery of the operation and
maintenance cots of the wastewater treatment works owned by the Village.
The Village of Westfield, Marquette County, Wisconsin.
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.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement on devices and structures for treating wastewater,
industrial wastes, and sludge; sometimes used as synonymous with "water
pollution control plant."
The Wisconsin Pollutant Discharge Elimination System permit
which authorizes the Village to discharge wastes to a watercourse
provided that the treatment of those wastes meets the conditions of
the permit.
A.
It shall be unlawful for any person to, place, deposit,
or permit to be deposited in any unsanitary manner on public or private
property within the Village, or in any area under the jurisdiction
of said approving authority, any human or animal excrement, garbage,
or objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Village, or in any area under the jurisdiction of said
approving authority, any wastewater or other polluted waters, except
where suitable treatment has been provided in accordance with subsequent
provisions of this article.
C.
Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool
or other facility intended or used for the disposal of wastewater.
D.
The owner(s) of any houses, buildings or properties
used for human occupancy, employment, recreation or other purpose
situated within the Village 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 Village is hereby required at the owner's expense
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this article within 90 days after date of official
notice to do so, provided that said public sewer is within 100 feet
(30.5 meters) of the property line.
E.
A portable building or unit, used for a seasonal business and located
in a commercial zone, shall not be required to connect to the public
sewer system. The owner(s) shall be allowed to utilize a transfer
container for the disposal of grey water, providing:
[Added 2-14-2012 by Res. No. 12:02]
(1)
The
Village will require confirmation that the transfer container be a
product approved by the State of Wisconsin for such use.
(2)
The
Village agrees to monitor the servicing of the transfer container
and to require that the owner keep in place a contract with a licensed
service provider.
(3)
The
Village will limit the use of such transfer containers to the specifics
listed above.
A.
Where a public sanitary sewer is not available, the
sewer shall be connected to a private wastewater disposal system complying
with the provisions of state, county, or local ordinance.
B.
Before commencement of construction of a private wastewater
disposal system, the owner(s) shall first obtain a written permit
signed by the Clerk-Treasurer. The application for such permit shall
be made on a form furnished by the Clerk-Treasurer which the applicant
shall supplement by any plans, specifications and other information
as are deemed necessary by the Director of Public Works. A permit
fee as set by the Village Board shall be paid to the Clerk-Treasurer
at the time the application is filed.
C.
A permit for a private wastewater disposal system
shall not become effective until the installation is completed to
the satisfaction of the approving authority. The approving authority
shall be allowed to inspect the work at any stage of construction,
and, in any event, the applicant for the permit shall notify the approving
authority when the work is ready for final inspection and before any
underground portions are covered. The inspection shall be made within
48 hours of receipt of notice by the approving authority or any authorized
agent of the approving authority.
D.
The type, capacities, location and layout of a private
wastewater disposal system shall comply with all recommendations of
the Department of Commerce of the State of Wisconsin. No septic tank
or cesspool shall be permitted to discharge to any natural outlet.
[Amended 5-8-2007 by Ord. No. 10:07]
E.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system as provided in Subsection A, a direct connection shall be made to the public sewer within 90 days in compliance with this article and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
F.
The owner(s) shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at all times,
at no expense to the approving authority.
G.
No statement contained in this article shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer.
A.
No authorized person(s) 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.
There shall be two classes of building sewer permits:
for industrial services and for nonindustrial service. In either case
the owner(s) or his agent shall make applications on a special form
furnished by the approving authority. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the approving authority. A
permit and inspection fee as set by the Village Board for a building
sewer permit shall be paid to the approving authority at the time
the application is filed.
C.
The owner of each and every building connected to
the sewer take sole responsibility for construction and maintenance
of his lateral from the building to the main. The Village then will
base its assessment from the edge of the property owner's lot line
to the sewer main and the Village or its representative will connect
to the main.
D.
Each building shall have its own building sewer connection
to the public sewer.
E.
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 of this article.
F.
The size, slope, alignment and materials of construction
of a building sewer, and the methods to be used in excavating, placing
of the pipe, jointing, testing, and backfilling the trench, shall
all conform to the requirements of the building and plumbing code
or other applicable rules and regulations of the Village.
G.
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 up the
public sewer, sanitary sewage carried by such building drain shall
be lifted by an approved means and discharged to the building sewer.
H.
No person(s) shall make connection of roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer unless
such connection is approved by the approving authority for purpose
of disposal of polluted surface drainage.
I.
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 Village. All
such connections shall be made gastight and watertight and verified
by proper testing. Any deviation from the prescribed procedures and
materials must be approved by the approving authority before the installation.
J.
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 and
testing shall be made under the supervision of the approving authority
or his representative.
K.
All excavations 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.
L.
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner(s)
as is determined and levied by the approving authority upon connection
of a building sewer to the public sewer. The owner(s) shall indemnify
the approving authority from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
The amount levied shall be due 30 days after the approving authority
levies a charge.
M.
The approving authority shall not grant a connection
to the sanitary sewers unless sufficient capacity for that connection
is available in the wastewater treatment works.
N.
Tracer wires required.
[Added 1-9-2007 by Ord. No. 3:07]
(1)
All new sewer lateral pipes and connections shall
have a tracer wire installed on them, from the dwelling to the sewer
main. The tracer wire shall be accessible from the exterior of the
dwelling. A clean-out with a metal access cover will be installed
on the exterior of the dwelling.
(2)
A violation of this subsection shall result in a forfeiture
of not less than $20 and not more than $100, not including costs,
each day being considered a violation. The appropriate Village authority
shall give the landowner 30 days' written notice, either personally
or by certified mail, to correct said defect. In the event said landowner
does not correct the violation within said 30 days, the Village Police
Department shall issue the uniformed citation for this violation.
A.
Sanitary sewers. No person(s) shall discharge or cause
to be discharged any unpolluted waters, such as stormwater, groundwater,
roof runoff, subsurface drainage or cooling water, into any sanitary
sewer, except that 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.
Inspections. The Village personnel will make inspections throughout the Village for sump pump connections to sanitary sewers and illegal downspout connections. Violations will be reported to the approving authority (Village Board). The approving authority will then cause the property owner to be notified in writing of the violation, warning the property owner that he must be in compliance with this article within a specified time (a minimum of 30 days). Failure to comply may result in the property owner being assessed a penalty as provided in Chapter 1, § 1-3 of this Code for each day beyond the warning period that the violation continues in existence. Such charges levied in accordance with the above shall be a debt due to the approving authority and shall be a lien upon the property. If this debt is not paid by the 10th of the month following the billing day, a one-percent charge per month shall be added to the delinquent bills. Thereafter, if payment is not received prior to November 15 of the current year, the delinquent bill will be placed on the succeeding tax roll.
[Amended 4-14-1998[1]]
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 storm sewers or to a natural outlet approved by the approving authority. Unpolluted industrial cooling water or process waters may be discharged on approval of the approving authority to a storm sewer or natural outlet.
D.
Prohibitions and limitations. Except as hereinafter
provided, no person shall discharge or cause to be discharged any
of the following described water or wastes to any public sewer:
(1)
Gasoline, benzine, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(2)
Water 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 plant.
(3)
Water or wastes having a pH lower than 6.0 or having
any other corrosive property capable of causing damage or hazard to
structures, equipment and personnel of the wastewater works.
(4)
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, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastic, 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.
(5)
The following described substances, materials, waters
or waste shall be limited in discharges to municipal systems to concentrations
or quantities which will not harm the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
streams, or will not otherwise endanger lives, limb or 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 limitations are necessary to meet the above objections.
In forming its 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 plant, degree or treatability
of the waste in the wastewater treatment plant, and other pertinent
factors. The limitations or restrictions on materials 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:
(a)
Wastewater having a temperature higher than
120° F. (65° C.).
(b)
Wastewater containing more than 25 milligrams
per liter of petroleum oil, nonbiodegradable cutting oils, or products
of mineral oil origin.
(c)
Wastewater from industrial plants containing
floatable oil, fat or grease.
(d)
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.
(e)
Water 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.
(f)
Water or wastes containing odor-producing substances
exceeding limits which may be established by the approving authority.
(g)
Radioactive wastes or isotopes of such half-life
or concentrations as may exceed limits established by the approving
authority in compliance with state or federal regulations.
(h)
Quantities of flow, concentrations or both which
constitute a slug as defined herein.
(i)
Water or wastes containing substances which
are not amenable to treatment or reduction by the wastewater treatment
plant process employed or are amenable to treatment only to such a
degree that the wastewater treatment plant effluent cannot meet the
requirements of the approving authority's WPDES permit.
(j)
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.
(k)
Materials which exert or cause:
[1]
Unusual BOD (biochemical oxygen demand) or chlorine
requirements in such quantities as to constitute a significant load
on the wastewater treatment plant.
[2]
Unusual volume of flow or concentration of wastes
constituting slugs as defined herein.
[3]
Unusual concentrations of inert suspended solids
(such as fuller's earth, lime slurries and lime residues) or of dissolved
solids (such as sodium sulfate).
[4]
Excessive discoloration (such as dye wastes
and vegetable tanning solutions).
E.
Special arrangements. No statement contained in this
article shall be construed as prohibiting any special agreement between
the approving authority and any person whereby an industrial waste
of unusual strength or character may be admitted to the sewage disposal
works, either before or after pretreatment, provided that there is
no impairment of the functioning of the sewage disposal works by reason
of the admission of such wastes and no extra costs are incurred by
the approving authority without recompense by the person.
A.
Within three months after passage of this article each person who discharges 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. Similarly, each person desiring to make a new connection to a public sewer for the purpose of discharging industrial waste 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. The minimum information required is outlined on the industrial sewer connection application called for in § 420-10B.
B.
When it can be reasonably demonstrated that circumstances exist which would create an unreasonable burden on the person to comply within the time schedule imposed by Subsection A, a request for extension of time may be presented for consideration of the approving authority.
C.
If any waters or wastes are discharged or proposed to be discharged to the public sewers, which waters or wastes containing substances or possess the characteristics enumerated in § 420-11 and which in the judgment of the approving authority may have deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the approving authority may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for
discharge to the public sewers;
(3)
Require control over the quantities and rates of discharge;
and/or
(4)
Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or sewer charges.
D.
Each person 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 his wastes, including domestic sewage.
(1)
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.
(2)
Control manholes, access facilities and related equipment
shall be installed by the person discharging the waste at his expense
and shall be maintained by him 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.
Devices for measuring the volume of waste discharged
may be required by the approving authority if this volume cannot otherwise
be determined. Metering devices for determining the volume of waste
shall be installed, owned and maintained by the Village. Following
approval and installation, such meters may not be removed without
the consent to the approving authority.
[Amended 4-13-1993]
F.
Industrial wastes discharged into the public sewers
shall be subject to periodic inspection and a determination of character
and concentration of said wastes. The determinations shall be made
by the industry as often as may be deemed necessary by the approving
authority.
(1)
Samples 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.
(2)
Installation, operation and maintenance of the sampling
facilities shall be the responsibility of the person discharging the
waste and shall be subject to the approval of the approving authority.
Access to sampling locations shall be granted to the approving authority
or its duly authorized representatives at all times. Every care shall
be exercised in the collection of samples to ensure their preservation
in a state comparable to that at the time the sample was taken.
G.
The approving authority may at its option install such structures and equipment and perform monitoring, sampling and laboratory analysis called for in Subsections D through F above. In such cases all structures and equipment shall be considered a part of the wastewater treatment works and the costs of construction, operation and maintenance of the same shall be incorporated in the service charge of the industrial user as outlined in Appendix A.
H.
When, in the opinion of the approving authority, and
in accordance with Title 40, Part 128 of the Code of Federal Regulations
and other applicable state and federal regulations, pretreatment is
required to modify or eliminate wastes that are harmful to the structures,
processes or operation of the wastewater treatment facility, 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.
I.
Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for proper handing of liquid wastes as described in § 420-11D, or any flammable wastes, sands, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In 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 the means of disposal which are subject to review by the approving authority. Any removal and handling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
J.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with Title 40, Part 136 of the Code of
Federal Regulations and in accordance with the latest edition of Standard
Methods for the Examination of Water and Wastewater, published by
the American Public Health Association. Sampling methods, location,
times, durations and frequencies are to be determined on an individual
basis subject to approval by the approving authority. Determination
of the character and concentration of the industrial wastes shall
be made by the person discharging them, or his agent as designated
and required by the approving authority. The approving authority may
also make its own analysis on the wastes and these determinations
shall be binding on a basis for treatment service charges.
K.
Plans, specifications and any other pertinent information
relating to the proposed flow equalization, pretreatment or processing
facilities shall be submitted for review of the approving authority
prior to the start of their construction if effluent from such facilities
is to be discharged into the public sewer.
The connection fee shall be as set by the Village
Board.
[Amended 4-13-1993]
A.
Basis for sewer service charges. The approving authority shall have
the authority to establish and collect a sewer service charge for
the use of the public sewers maintained by the Village, subject to
concurrence by the Village Board. The sewer charges shall be adjusted
by the Village-Clerk Treasurer, as per instructed by the Village Board.
[Amended 3-8-2016 by Ord.
No. 16:02[1]]
[1]
Editor's Note: This ordinance also repealed former Appendix
A, Methodology for Determining Sewer Service Charge (no public water
system).
B.
Sewer service charges. Upon establishment of the operation
and maintenance costs and debt retirement costs associated with the
wastewater facilities maintained by the Village, the approving authority
shall establish rates for the following cases of users:
[Amended 12-16-1990; 4-13-1993; 4-14-2009 by Ord. No. 05:09]
A.
All property owners will be assessed a sewer service
charge. For the purpose of this article, the format of the sewer service
rates shall be as follows:
(1)
User
charge per residential equivalent: $61 per billing period (effective
2010).
(2)
User
charge per residential equivalent: $66 per billing period (effective
2011).
(3)
User
charge per residential equivalent: $71 per billing period (effective
2012).
(4)
User
charge per residential equivalent: $76 per billing period (effective
2013).
(5)
User
charge per residential equivalent: $81 per billing period (effective
2014).
(6)
Debt
charge per residential equivalent: $0 per billing period.
(7)
Total
sewer service charge per residential equivalent: $81 (succeeding above
annual increases).
B.
The annual sewer utility budgets are operation, maintenance and debt
service. Each shall be divided by the total number of residential
equivalent users, except that the debt service budget may be partially
offset by property tax levies. The total sewer service charges shall
be the sum of the user charge and debt charge.
[Amended 3-8-2016 by Ord.
No. 16:02]
C.
Debt charges. The annual debt service budget (including reserve fund
deposits) shall be divided by total number of residential equivalents
(users). The resulting annual cost per residential equivalent shall
be divided by the number of billing periods used per year. For example:
[Added 3-8-2016 by Ord.
No. 16:02]
|
1.
|
Residential equivalents = 500 RE (Users)
| ||||
|
2.
|
Annual debt service budget = 35,000 actual expenses + 5,000
reserve fund deposit = $40,000.
| ||||
|
3.
|
Annual debt charge
|
40,000
500 RE = $80.00 per RE
| |||
|
4.
|
Debt charge per billing period:
| ||||
|
a.
|
Quarterly
|
$80.00 RE
4 = $20.00 per quarter per RE
| |||
|
5.
|
Sewer service charges: The total sewer charge is the sum of
the user charge and debt charge. For example (using previous examples
for reference):
| ||||
|
Quarterly:
| |||||
|
User charge per RE
|
$81.00
| ||||
|
Debt charge per RE
|
$20.00
| ||||
|
Total sewer service charge
|
$101.00
| ||||
A.
The Village of Westfield will permit a landowner to
request a water meter measuring device in lieu of the scale on the
type of business.
[Amended 4-13-1993]
B.
The pay scale will be in effect until the Village
Board approves the metering device.
C.
The meter device will be installed at the sole expense
of the Village.
[Amended 4-13-1993]
D.
The meter request shall be made in writing to the
Village Clerk-Treasurer or at a regular Board meeting of the Village
of Westfield.
E.
The Village will provide, own and maintain the meters
and meters may be calibrated periodically.
[Amended 4-13-1993]
F.
The Village Board will have the meters installed by
a licensed plumber of its choice.
[Amended 4-13-1993]
G.
After the metering device is in place, prior to the
meter being used as a meter for measuring sewer rate, said Board or
its appointee shall approve said device and report back to the Board
or its appointed committee.
H.
The formula for all metered users shall be as follows:
[Amended 3-8-2016 by Ord.
No. 16:02[1]]
(1)
A residential equivalent (RE) was defined as an unmetered user who
is assumed to generate up to 15,000 gallons of wastewater per quarter.
(2)
The charge per residential equivalent is $18 per quarter.
(3)
A metered commercial or industrial customer is converted to residential
equivalents by dividing quarterly consumption by 15,000 gallons per
RE and assessing $81 per RE each quarter.
(4)
An alternative method to calculating the metered customer billing
is to multiply quarterly consumption by $0.005400/gallon to arrive
at the quarterly billing. This rate was derived as follows: $81 divided
by 15,000 gallons/quarter = 0.005400
(5)
The above methodology applies assuming the Village does not partially offset the debt service budget by property tax levies as described in § 420-15B of this article.
(6)
The current utility billing software used by the Village of Westfield
is ASYST — from United Systems Technology. When a rate increase
for flat rate and metered customers is applied within the utility
billing software, you must update — not only the flat rate,
but using the methodology listed above — convert the flat rate
for metered users: cents/gallon for consumption over 15,000 gallons.
[1]
Editor's Note: This ordinance also repealed former Appendix
B, Demand Units.
I.
Said meters shall be tested in accordance with the
manufacturer's specifications as well as the instructions of the Village
Board.
[Amended 4-13-1993]
J.
In the event a property owner should desire to revert
to the scale system after installing a meter said property owner may
do so after his meter has been approved by the Board and after said
property owner has paid on the meter rate for one full year.
K.
In the event that any of the above meter requirements
are violated said Board shall have the option of reverting the landowner
without notice back to the scale system.
A.
Billing periods and payment. The debt charge and user
charge portions of the service charges provided in this article shall
be payable in accordance with the schedule established by the approving
authority.
B.
Penalties. Such charges levied in accordance with
this article shall be a debt due to the approving authority and shall
be a lien upon the property. If this debt is not paid by the 10th
of the month following the billing date, a one-percent charge per
month shall be added to the delinquent bills. Thereafter, if payment
is not received prior to November 15 of the calendar year, the delinquent
bill will be placed on the succeeding tax roll. Change of ownership
or occupancy of premises found delinquent shall not be cause for reducing
or eliminating these penalties.
[Amended 12-12-1985]
A.
Right of entry. The Superintendent of the Wastewater
Treatment Plant, Zoning Administrator, or other duly authorized employee
or representative of the Village, bearing proper credentials and identification,
shall be permitted to enter all properties for the purpose of investigations
required to carry out the provisions of this article. They shall have
no authority to inquire into any process beyond that point bearing
on the kind and source of discharge to the sewers, waterways or facilities
for wastewater treatment.
[Amended 5-8-2007 by Ord.
No. 10:07]
B.
Safety. While performing the necessary work on private premises in Subsection A, Village employees shall observe all safety rules applicable to the premises, and the approving authority shall indemnify the owner(s) against loss or damage to its property by Village employees and against the liability claims and demands for personal injury or property damage asserted or growing out of gauging and sampling operations, or failure of the employees to maintain safe conditions as required in § 420-12D.
C.
Identification right to enter easements. The Village
Engineer, Superintendent of the Wastewater Treatment Plant and other
duly authorized employees of the Village bearing proper credentials
and identification shall be permitted to enter all private properties
through which the Village 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 sewage works
lying within said easement, all subject to the terms, if any, of the
agreement.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenances, or equipment which is a part of the sewage facility.
Any persons violating this provision shall be subject to immediate
arrest under a charge of disorderly conduct.
A.
Written notice of violation. Any person found to be violating any portion of this article, except § 420-11B, 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 caused damage to the treatment facility and/or receiving body of water shall, in addition to a penalty as provided in Chapter 1, § 1-3 of this Code, pay the amount to cover damages as established by the approving authority.
[Amended 5-8-2007 by Ord.
No. 10:07]
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, be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. In default of payment of such forfeiture and costs, said violator shall be subject to contempt of court, Ch. 785, Wis. Stats. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
[Amended 5-8-2007 by Ord.
No. 10:07]
D.
Liability to Village for losses. Any persons violating
any provision of this article shall become liable to the approving
authority for any expense, loss or damage occasioned by reason of
such violating which the approving authority may suffer as a result
thereof.
E.
Differences of opinion. The approving authority shall
address differences between the approving authority and sewer users
on matters concerning interpretation and exception of the provisions
of this article at regular or special sessions.
A.
Annual audit of general account. The approving authority shall conduct an annual audit, the purpose of which shall be to maintain the proportionality and adequacy of the sewer service charge relative to changing system operation, maintenance and debt service costs. Said audit shall also preview the relative funding of the various accounts detailed in § 420-14C.
B.
If the results of the audit referenced in Subsection A indicate that proportionality and adequacy of rates are not being maintained, the approving authority shall make the changes necessary to maintain proportionally and adequacy. Insofar as allowed by law, the approving authority shall also make those changes necessary to apply excess revenues from a customer class to that class's rates whenever that excess is greater than what is reasonable.
