[HISTORY: Adopted by the Common Council of
the City of Montello as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-7-1984 as Title 6, Ch. 1 of the 1984 Code]
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows. "Shall"
is mandatory; "may" is permissive.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in milligrams per liter.
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.
The Director of Public Works of the City of Montello or said
person's appointed assistant, agent, or representative.[1]
The extension from the building drain to the public sewer
or other place of disposal.
The City of Montello, Wisconsin.
The Water and Sewer Committee for the City of Montello or
said Committee's appointed agent or representative.
Costs to the Sewer Utility for the retirement of debts incurred
in the provision of wastewater facilities, including both principal
and interest.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater in an approved pretreatment facility.
Wastewater shall be considered free of floatable oil if it is properly
pretreated and the wastewater does not interfere with the collection
system.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and from the handling, storage and
sale of meat, fish, fowl, fruits, vegetables and condemned food.
Any nongovernmental, nonresidential user of
a publicly owned treatment works which discharges more than the equivalent
of 25,000 gallons per day (gpd) of sanitary waste and which is identified
in the Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented, under one of the
following divisions: Division A, Agriculture, Forestry and Fishing;
Division B, Mining; Division D, Manufacturing; Division E, Transportation,
Communications, Electric, Gas and Sanitary Services; or Division I,
Services.
In determining the amount of a user's discharge,
the City will exclude domestic waste or discharges from sanitary conveniences.
After applying the sanitary waste exclusion in Subsection A(1) of this definition, discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste are considered industrial users. Sanitary waste, for purposes of this calculation of equivalency, shall be wastes of normal concentration as defined in this article.
Any nongovernmental user which discharges wastewater
to the City's sewers, which wastewater contains toxic pollutants or
poisonous solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other waste, to contaminate the sludge
of the municipal sewer systems or to injure or to interfere with any
sewage treatment process, or which constitutes a hazard to humans
or animals, creates a public nuisance or creates any hazard in or
has an adverse effect on the waters receiving any discharge from the
treatment works.
Wastes discharged by industrial users.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
Wastewater in which BOD or suspended solids concentrations
do not exceed normal concentrations.
Costs to the Sewer Utility for the provision of labor, utilities,
supplies, equipment maintenance, and other normal costs necessary
for the provision of sewage service. "Operation and maintenance" includes
replacement.
Any individual, firm, company, municipal or private corporation,
association, society, institution, enterprise, governmental agency
or other entity.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration expressed in moles per liter as determined by Standard
Methods.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary to maintain the capacity and
performance during the service life of the treatment works for which
such works were designed and constructed.
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
water that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit for carrying wastewater.
The Montello Sewer Utility.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
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.
A sewer which carries storm and surface waters and drainage
but excludes wastewater and industrial wastes, other than unpolluted
cooling water.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater, or other liquids and
that is removable by laboratory filtering as prescribed in Standard
Methods for the Examination of Water and Wastewater and referred to
as "nonfilterable residue."
Water 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.
A charge levied on users of wastewater treatment works and
the sanitary sewer system for the cost of operation and maintenance
and debt service for such facilities. The term "operation and maintenance"
includes replacement.
The spent water of a community. From the standpoint of sources,
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 of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant."
A natural or artificial channel for the passage of water
either continuously or intermittently.
A.
Normal sewage service charge.
(1)
There is hereby levied and assessed upon each lot or parcel of land
with a building having a lateral available to discharge normal sewage
to the public sewer system a wastewater service charge based upon
rates established by the Common Council of the City of Montello. Said
charges shall be assessed and collected monthly.
(2)
If commercial or industrial customers obtain all or any part of their
water from sources other than the public water utility, all or any
part of which is discharged into the public sewers, the customer shall
be required to have a water meter or meters installed for the purpose
of determining the volume of water obtained from these other sources.
Should the Committee determine that the water usage is too small to
justify a meter, the Committee shall have the authority to waive this
requirement, and a flat rate shall be charged based on estimated water
usage and the metered rate schedule. The water meters shall be furnished
by the Sewer Utility and installed by the customer. All other costs
in connection with the water meter installation shall be at the expense
of the customer. The Sewer Utility will charge for each meter at the
rate of 50% of the minimum service charge set for that size meter
to compensate for furnishing, reading and servicing the meter. This
charge shall be in addition to the wastewater service charge.
(3)
If residential customers obtain all or part of their water from sources
other than the public water utility all or any part of which is discharged
into the public sewers, a flat rate charge shall be paid for wastewater
service. Should the Committee determine that the minimum flat rate
charge is less than the charge would be on a metered basis, the Committee
shall have the authority to set a higher rate based on estimated total
usage and the metered rate schedule. Should the residential customer
request it, a water meter shall be installed and the customer shall
be charged on the same basis as commercial or industrial customers
having private water supplies.
B.
Minimum charge.
(1)
The minimum monthly charge wastewater service charge shall be based
on the size water meter in service, as per the following schedule:
|
Meter
(inches)
|
Total Minimum Monthly Charge
|
|---|---|
|
5/8
|
$15.00
|
|
1
|
$15.55
|
|
1 1/2
|
$16.45
|
|
2
|
$17.60
|
|
3
|
$20.20
|
|
4
|
$23.90
|
C.
Volume. In addition to the minimum charge based on meter size, there
shall be a charge for all flow based on water usage as determined
by the Water Utility as follows:
|
Year
|
Total Volume Charge per 1,000 Gallons
|
|---|---|
|
2018
|
$4.26
|
|
2019
|
$4.48
|
|
2020
|
$4.71
|
|
2021
|
$4.95
|
D.
Industrial and commercial charges for other than normal wastewater.
(1)
Charges for wastewater other than normal wastewater shall be based on flow, BOD, suspended solids, and such other constituents which affect the cost of collection and treatment. Charges shall be made in accordance with rates established by the Common Council of the City of Montello as set forth in Subsection D(3) below.
(2)
All persons discharging wastes into the public sewers are subject to a surcharge, in addition to any other wastewater service charge, if their wastewater has a concentration greater than normal concentration (see definition in § 272-1). The volume of flow used for computing waste surcharge shall be the metered water consumption, subject to adjustments as otherwise herein provided, or the actual volume of waste as determined by an industrial waste metering installation, The amount of surcharge shall reflect the cost incurred by the Sewer Utility in removing BOD, suspended solids, and other pertinent constituents.
(3)
Rates of surcharge. The rates of surcharge for each of the aforementioned
constituents will be at the prevailing rate at the time. Said prevailing
rates at this time are as follows:
(4)
In addition to the above surcharges, the Sewer Utility's costs
of sampling and analyzing industrial wastes shall be charged to the
applicable industry.
(5)
Where industrial wastes are of such a strength or magnitude or are
delivered over such a period of time that the above surcharges do
not reflect the actual cost of treatment to the Sewer Utility, the
Utility reserves the right to establish a special charge for handling
the waste. That portion of the charge related to capital investment
shall be based on the design capacity required for the particular
waste. In no event shall the charges be less than those charges determined
by applying the above surcharge.
[1]
Editor's Note: This ordinance shall be effective
9-1-2008.
In the event that the Utility provides pretreatment
of industrial wastes, the entire cost of such pretreatment shall be
charged to the person producing the industrial wastes. The costs shall
include but not be limited to capital expenditures, operation and
maintenance expenses, labor, chemicals, heat and power.
Nothing in this article shall prohibit the City
from providing wastewater services to persons outside the corporate
limits of the City under mutually agreeable conditions.
A.
Each wastewater service charge levied by or pursuant
to this article is hereby made a lien upon the corresponding lot,
land, or premises served by a connection to the sanitary sewer system
of the City, and if the same is not paid within the period allotted
for such payment, said charge shall constitute a lien on the property
served and be inserted in the City tax roll as provided in § 66.0821(4),
Wis. Stats., in the same manner as water rates are taxed and collected
under the provisions of § 62.69(2)(f), Wis. Stats., as same
has been and from time to time may be amended or recreated, so far
as applicable. The wastewater service charges taxed or levied pursuant
to this article shall be collected by the City at the office of the
Sewer and Water Utility.
B.
The Sewer Utility shall make and enforce such bylaws
and regulations as may be deemed necessary for the safe, economical
and efficient operation, management and protection of the City sewer
system, the wastewater treatment plant and the Sewer Utility.
C.
If a payment plan for sewer and/or water charges is defaulted on
and water is disconnected, the customer must pay 50% of the balance
due, in addition to a reconnection fee, and set up a reasonable payment
plan for the remainder of the balance in order to have service reconnected.
[Added 4-1-2019]
An audit of the Utility's financial standing
shall be made biannually. This audit will be used to review the adequacy
of the then existing rates, and said rates shall be adjusted if necessary
to provide sufficient revenues to adequately finance the Utility's
operation in accordance with the original intent of the rate structure.
The biannual audit and review shall also be used to ensure that each
recipient of sewage service (or user class) is charged in proportion
to the cost of providing said recipient (or user class) with sewage
service. Excess revenues collected for operation and maintenance from
a class of users shall be applied to the costs of operation and maintenance
attributable to that class of users in the next year and the rates
shall be adjusted accordingly.
All charges under this article which are not
paid within 20 days of billing date are subject to a late payment
charge of 3% of the net billing.
Annual income from the wastewater service charges
which constitute funds required for replacement shall be separately
accounted for and shall not be utilized for any purposes other than
replacement.
Each billing shall identify the amount billed
which is attributable to sewer service.
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 City, or in any area under the jurisdiction of
said City, any human or animal excrement, garbage, or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet
within the City, or in any area under the jurisdiction of said City,
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 sewage.
D.
The owner 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 his expense, to
install suitable toilet facilities therein and to connect and maintain
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.
[Amended 7-6-2005]
A.
Where a public sanitary sewer is not available under the provision of § 272-10D and with the approval of the Common Council, any building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.
Before commencement of the construction of a private
wastewater disposal system or additions to an existing private wastewater
disposal system, the owner shall first obtain a written permit from
the Marquette County Zoning Office.
[Amended 7-6-2005]
C.
The type, capacity, location, and layout of a private
wastewater disposal system shall comply with all requirements of the
Wisconsin Department of Health and Family Services.
D.
The owner shall operate and maintain the private wastewater
disposal facilities in a sanitary manner at all times, at no expense
to the City.
E.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Building Inspector.
F.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 272-10D, the building sewer shall be connected to said sewer within 90 days and the private wastewater disposal system shall be cleaned of sludge and filled with sand, gravel, or similar material.
A.
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 City Director
of Public Works.
B.
There shall be two classes of building sewer permits,
one for residential and commercial service and one for service to
establishments producing industrial wastes. In either case, the owner
or the owner's agent shall make application on a special form furnished
by the City. The permit application shall be supplemented by any plans,
specifications, or other information considered pertinent in the judgment
of the Committee. A permit and inspection fee of $10 shall be paid
to the City at the time the application is filed.[1]
C.
In addition to the permit and inspection fee as provided
in the Montello Municipal Code, there shall also be provided a permit
fee incident to the installation and connection of the building sewer
to the Montello Sewer Utility. The permit fee for connecting with
the City main sewer or the lateral at the curb shall be the current
rate set by the Common Council and shall be payable at the time the
permit application is filed with the City. In addition to the foregoing,
all costs and expenses incident to the installation, maintenance and
connection of the building sewer shall be borne by the owner, including
the cost of installing the sewer lateral from the sewer main to the
building. The owner shall indemnify the City from any loss or damage
that may directly or indirectly be occasioned by the installation
of said building sewer.
[Amended 7-7-1997[2]]
D.
A separate and independent building sewer shall be
provided for every building intended for human habitation or occupancy.
E.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Director of Public Works, 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 codes or
other applicable rules and regulations of the City.
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 to the
public sewer, sanitary sewage carried by such building drain shall
be lifted by an approved means and discharged to the building sewer
at the owner's expense.
H.
Roof leaders, swimming pool drains, surface drains,
groundwater drains, foundation footing drains, and other clear water
drains shall be connected wherever possible with a storm sewer, but
they shall not be connected to a building sewer which discharges into
a sanitary sewer or private wastewater treatment plant. All such connections
existing at the time of passage of this article shall thereafter be
illegal. If stormwater or clear water is being discharged into a sanitary
sewer, the Committee shall give the offending person 30 days' notice
to disconnect. Failure to disconnect after such notice shall authorize
the Committee to cause disconnection and assessment of the costs of
such disconnection against the property involved. The Committee may,
in the alternative, institute action for violation of this subsection.
I.
The connection of the building sewer into the public
sewer shall conform to the requirements of the building and plumbing
codes or other applicable rules and regulations of the City.
J.
The applicant for the building sewer permit shall
notify the Director of Public Works when the building sewer is ready
for inspection and connection to the public sewer. The connection
shall be made under the supervision of the Director of Public Works
or his representative.
K.
All excavations for building sewer installations 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 City.
[Amended 8-4-1988]
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, unpolluted cooling water, swimming pool water, or unpolluted
industrial process waters to any sanitary sewer.
B.
Stormwater 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 Committee and other
regulatory agencies. Industrial cooling water or unpolluted process
waters may be discharged, on approval of the Committee and other regulatory
agencies having jurisdiction, to a storm sewer or natural outlet.
C.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naptha, fuel oil, or other
flammable or explosive liquid, solid, or gas.
(2)
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
wastewater treatment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the receiving waters
of the wastewater treatment plant.
(3)
Any waters or wastes having a pH lower than 5.5 or
higher than 10.0 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, bones, 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, sanitary napkins, etc., either
whole or ground by garbage grinders.
D.
The following described substances, materials, waters,
or waste shall be limited in 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, will not result in violation of the City's WPDES permit, or
will not otherwise endanger lives, limb, or public property or constitute
a nuisance. The Committee may set limitations lower than any limitations
established in the regulations below if in the Committee's opinion
such more severe limitations are necessary to meet the above objectives.
In forming its opinion as to the acceptability, the Committee 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 of 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 Committee are as follows:
(1)
Wastewater having a temperature higher than 150º
F. (65º 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 plants containing oils,
fat, grease, wax, or any other similar substances which float or solidify
in the wastewater facilities.
(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 aluminum, cadmium,
copper, lead, mercury, selenium, silver, chromium, zinc, and similar
objectionable or toxic substances.
(6)
Any waters or wastes containing odor-producing substances.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by any state or
federal regulations.
(8)
Quantities of flow, concentrations or both which constitute
a slug as defined herein.
(9)
Waters or wastes containing substances which are not
amenable to treatment or reduction by the wastewater treatment processes
employed or are amenable to treatment only to such degree that the
wastewater treatment plant 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.
E.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section and which, in the judgment of the Committee, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Committee may reject the wastes; require pretreatment to an acceptable condition for discharge to the public sewers; require control over the quantities and rates of discharge; and/or require payment to cover the added cost of handling and treating the wastes not covered by existing user charges under the provisions of this article. When considering the above alternatives, the Committee shall give consideration to the economic impact of each alternative on the discharger. If the Committee permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Committee.
F.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Committee, they are necessary for the proper handling of liquid wastes containing floatable grease or other substances specified in Subsection D(3) or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Committee 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 Committee. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms. A fine of not less than $75 nor more than $200 shall be enforced in reference to this subsection.
G.
Where pretreatment or flow-equalizing facilities are
provided or required for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner
at his expense.
H.
When required by the Committee, the owners of any
property serviced by a building sewer carrying industrial wastes shall
install a suitable structure together with such necessary meters and
other appurtenances in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such structure, when required,
shall be accessibly and safely located and shall be constructed in
accordance with plans approved by the Committee. The structure shall
be installed by the owner at his expense and shall be maintained by
him so as to be safe and accessible at all time.
I.
The Committee may require a user of sewer services
to provide information needed to determine compliance with this article.
These requirements may include:
(1)
Wastewater discharge peak rate and volume over a specified
time period.
(2)
Chemical analyses of wastewaters.
(3)
Information on raw materials, processes, and products
affecting wastewater volume and quality.
(4)
Quantity and disposition of specific liquid, sludge,
oil, solvent, or other materials important to sewer use control.
(5)
A plot plan of sewers for the user's property showing
sewer and pretreatment facility location.
(6)
Details of wastewater pretreatment facilities.
(7)
Details of systems to prevent and control the losses
of materials through spills to the municipal sewer.
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 the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association, and 40 CFR 136. Sampling methods, location,
times, durations, and frequencies are to be determined on an individual
basis subject to approval by the Committee.
K.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the City
and Committee and any industrial concern whereby an industrial waste
of unusual strength or character may be accepted by the City for treatment
subject to payment therefor at rates established in this article.
The accidental discharge of a prohibited waste
into any sewer shall be reported to the Committee by the person responsible
for the discharge, or by the owner or occupant of the premises where
the discharge occurs, immediately upon obtaining knowledge of the
fact of such discharge so that steps may be taken to minimize its
effect on the treatment plant.
In the event that a person discharging wastes
into the public sewers produces evidence satisfactory to the Committee
that a significant amount of the total annual volume of water used
for all purposes does not reach the sanitary sewer, the person may
be permitted to have an exemption water meter(s) installed. Said meter(s)
shall be furnished by the Committee and installed by the customer.
All other costs shall be at the expense of the person requiring the
meter(s), including any piping revisions required to ensure that only
water not reaching the sanitary sewer is metered by the exemption
meter. The Committee will charge for each meter at the rate of 25%
of the minimum service charge set for that size meter to compensate
for furnishing, reading, and servicing the meter. This charge shall
be in addition to the wastewater service charge. The amount of exemption
water metered shall be subtracted from the total amount of water used
by the person to determine the applicable wastewater service charge.
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 person(s) violating this provision
shall be subject to immediate arrest under charge of disorderly conduct.
A.
The Committee and other duly authorized employees
of the City bearing proper credentials and identification shall be
permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling, and testing pertinent to discharge
to the sewer system in accordance with the provisions of this article.
B.
The Committee or duly authorized employees are authorized
to obtain information concerning industrial processes which have a
direct bearing on the kind and source or discharge to the wastewater
collection system. The industry may withhold information considered
confidential. The industry must establish that the revelation to the
public of the information in question might result in an advantage
to competitors.
C.
While performing the necessary work on private properties referred to in Subsection A above, the Committee or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 272-13H.
D.
The Committee and other duly authorized employees
of the City bearing proper credentials and identification shall be
permitted to enter all private properties through which the City holds
a duly negotiated easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the wastewater facilities lying within said easement.
All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
A.
Any person found to be violating any provision of this article except § 272-16 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-4 of this Code, unless another penalty is prescribed in this article. Each day in which any such violation shall continue shall be deemed a separate offense.[1]
C.
Any person violating any of the provisions of this
article shall become liable to the City and others, as their interest
may appear, for any expense, loss, or damage occasioned the City or
others by reason of such violation, including any costs in connection
with repairing damages to the wastewater facilities or any downstream
user or facilities damaged as a result of a prohibited discharge or
any other violation of this article.
[Adopted 1-4-1993]
A.
This article is based upon the model septage disposal
regulation developed by the Wisconsin Department of Natural Resources
pursuant to legislative mandate of § 281.49, Wis. Stats.
B.
This article regulates the disposal and each disposer
of on-site waste as defined herein. It provides for acceptance of
on-site waste into the Montello sewage system and it provides a means
for determining volumes, constituents and characteristics of that
waste, the setting of applicable charges and fees, and the issuing
of a septage disposal permit to certain licensed disposers and approval
of said disposers. Revenues derived from the application of this article
shall be used to defray Montello's costs of operating and maintaining
adequate collection and treatment systems and of administering this
article.
C.
If there is any conflict between this article and any applicable Wisconsin Statute, the state statute shall be controlling. This article is intended and should be consistent with Article I, Sewer Use and Wastewater Rate, of this chapter.
D.
Because Montello, by accepting on-site waste, assumes
all risk for treatment and meeting its WPDES permit, Montello reserves
the absolute right to immediately discontinue acceptance of on-site
waste for operational and permit reasons.
E.
All Montello approvals and permits for on-site waste
disposal shall be continually issued, the condition being that any
time the Montello sewage system has any operational problem, maintenance
problem, or threat of WPDES permit violation that is indirectly or
directly related in whole or part to on-site waste disposal, Montello
may immediately restrict or discontinue on-site waste disposal until
such time as corrective action or mitigative measures have been taken.
B.
COMPATIBLE POLLUTANTS
INCOMPATIBLE POLLUTANTS
LICENSED DISPOSER
ON-SITE WASTE
ON-SITE WASTE DISPOSAL
PARTS PER MILLION (PPM)
SEPTAGE
SEPTAGE DISPOSAL
SEWER SERVICE AREAS
The following definitions are applicable to this article:
Biochemical oxygen demand, suspended solids, phosphorus,
or pH, plus additional pollutants identified in the WPDES permit issued
to the Montello sewer treatment plant, if treatment facilities were
designed to treat such additional pollutants to a substantial degree.
Wastewater or septage with pollutants that will adversely
affect or disrupt the wastewater treatment process or effluent quality
or sludge quality or treatment process or emissions if discharged
to the Montello sewage system.
A person holding a license under § 281.48(3)(a),
Wis. Stats.
Any discharge of on-site waste to the Montello sewage system.
A mass-to-mass ratio, the ppm value multiplied by the factor
8.34 (the weight of water) shall be equivalent to pounds per million
gallons of water. For billing purposes, ppm times 8.34 (the weight
of water) times total volume expressed in million gallons equals billable
pounds of waste.
Scum, liquid, sludge, or other waste from a septic tank,
soil absorption field, holding tank, vault toilet or privy. This does
not include the waste from a grease trap. (Section 281.49, Wis.
Stats.)
Any discharge of septage to the Montello sewage system.
The areas presently served and anticipated to be served by
a sewage collection system.
A.
Except as it may be construed to limit Montello's rights as stated in § 272-19 of this article, Article I, Sewer Use and Wastewater Rate, of this chapter is applicable to each on-site waste disposer. As an example and not a limitation, each is a "person" within Article I and a "discharger" within Article I.
B.
Permit required. No on-site waste disposer shall:
(1)
Discharge to the Montello sewage system without first
obtaining written approval and permit from the Public Works Committee
and Montello Common Council.
(2)
Receive a Montello approval permit who is not a licensed
disposer.
(3)
Discharge to the Montello sewage system without a
valid, unexpired approval and permit from the Director of Public Works
and Common Council.
C.
Compliance.
(1)
No on-site waste disposer shall discharge to the Montello sewage system contrary to any one or more of the terms or conditions of the Montello approval and permit or contrary to this article or Article I, Sewer Use and Wastewater Rate, of this chapter.
(2)
On-site waste must be in compliance with all conditions,
discharge prohibitions, and applicable federal, state, and local pretreatment
standards.
(3)
No person shall discharge to the Montello sewage system
any substance or waste that is or may be, in whole or part, on-site
waste, mixed or unmixed, that contains hazardous waste (as defined
in Ch. NR 181, Wis. Adm. Code, or 40 CFR 261).
D.
Application procedure.
(1)
Application for on-site disposal.
(a)
Between August 1 and September 1 of each year
every licensed disposer wishing to discharge to the Montello sewage
system shall pay a nonrefundable filing fee and with it file an application
in writing to the Montello Director of Public Works in such a form
as is prescribed for that person. During the months of July and August,
forms for such application will be furnished at the City Clerk-Treasurer's
office in the Montello Municipal Building.[1]
(b)
The application must state fully and truly the
type, frequency, quantity, quality and location of generated on-site
waste to be discharged to the Montello sewage system.
(2)
During the month of September, the Montello Director
of Public Works will evaluate the applications and make a determination
as to the amount and conditions for disposal of on-site waste at the
Montello wastewater treatment facility. The Montello Common Council
shall approve or reject each application at the regular Common Council
meeting held in October of each year. If the City of Montello cannot
accept all the proposed on-site waste, then consideration shall be
given first to those generators of on-site waste that are within the
sewer service area.
(3)
Each Montello approval and permit issued for on-site
waste disposal shall be issued subject to the condition that any time
the wastewater treatment works has operational problems, maintenance
problems, or threat of WPDES permit violation that is directly or
indirectly related to on-site waste disposal in whole or part, Montello
may immediately restrict or discontinue on-site waste disposal until
such time as corrective actions or mitigative measures have been taken.
(4)
Montello approval and permits are valid for the period
of November 15 to April 15 of each year, except if the written approval
and permit provide some other commencement or expiration date, or
if the approval is sooner withdrawn and/or the permit sooner revoked,
or if the permittee loses or fails to renew his/her license under
§ 281.48(3)(a), Wis. Stats.
E.
On-site waste acceptance locations.
(1)
On-site waste shall only be discharged to the Montello
sewage system by licensed disposers and at locations, times and conditions
as specified by the Montello Sewer Utility, but unless otherwise provided
by the written approval and permit issued by the Director of Public
Works to the licensed disposer, disposal shall be only at the Montello
treatment facility located at 399 Fifth Street.
(2)
All equipment used for on-site waste disposal to the
Montello sewage system shall be properly maintained in such a manner
that gasoline, oil, sewage or other substances which may have a detrimental
effect will not drip, leak or discharge upon the property. This provision
expands the maintenance requirements of Ch. NR 113, Wis. Adm. Code,
and includes all parts of licensed disposers' equipment.
F.
Documentation.
(1)
Documentation of each on-site waste disposal shall
be submitted to the Montello Sewer Utility, its designated agent or
depository prior to the discharge to the Montello sewage system.
(2)
A truck's tank shall be deemed filled to capacity
upon arrival for disposal, and charges shall be paid on that basis.
(3)
The Montello Sewer Utility or its designated agent
may sample the discharge or proposed discharge as it deems appropriate.
G.
Forms for documentation of each on-site waste disposal
will be furnished by the Montello Sewer Utility and will include the
following:
(1)
Name, address, and phone number of the licensed disposer;
(2)
License number;
(3)
Type of on-site waste;
(4)
Estimated quality of on-site waste;
(5)
Volume of on-site waste;
(6)
Location, date, time and feed rate of discharge to
the Montello sewage system;
(7)
Source of on-site waste;
(8)
Name and address of on-site waste generator;
(9)
Tax parcel number of septage generator, if any;
(10)
Driver's signature; and
(11)
Other information.
H.
No on-site waste disposer shall discharge or attempt to discharge to the Montello sewage system substances or wastes having significant characteristics of incompatible pollutants or which, in the judgment of Montello, reasonably may have a detrimental effect upon the Montello sewer plant, its property, personnel, performance, process or operations, or upon any waters of the state, or violate any provisions of Article I, Sewer Use and Wastewater Rate, of this chapter or otherwise create a hazard to life or health or constitute a public nuisance. For violation of this section or any other provision of this article or of any condition or provision of the Montello approval and permit, Montello may, at its option, singularly or cumulatively:
(1)
Reject the waste.
(2)
Require pretreatment to an acceptable condition for
discharge to the Montello sewage system.
(3)
Require a control over the quantities and rates of
discharge.
(4)
Require payment to cover the added cost of handling
and treating the wastes not covered by existing charges.
(6)
Revoke the violator's Montello approval and permit
for a on-site waste disposal.
(7)
Refuse to renew the violator's Montello approval and
permit for on-site waste disposal.
I.
Untimely request for Montello approval and permit application by a licensed disposer for a Montello approval and permit may be made at a time other than as provided in Subsection D(1).
(1)
Montello shall prescribe the application fee which
shall be not less than the annual filing fee and may include an additional
amount to cover the administrative and other estimated cost of considering
and processing the application.
(2)
No person has the right to the issuance of a Montello
approval and permit under this subsection. Montello may grant or refuse
the approval and permit, in its discretion, under this subsection.
(3)
To be considered for the issuance of an approval and
permit under this subsection, the applicant licensed disposer must
first demonstrate the present existence of either an emergency or
an unexpected situation of substantial proportions.
(a)
To demonstrate under this subsection that a
genuine emergency exits, the applicant shall show the existence of
circumstances which are or threaten to be detrimental to the public
health, welfare or safety or the existence of substantial public concern
that could reasonably be expected to be alleviated or modified by
timely issuance of a Montello approval and permit.
(b)
To demonstrate an unexpected situation of sufficient gravity to warrant consideration of an application for Montello approval and permit under this subsection, the applicant must show the existence of circumstances unknown on or before the September 1 deadline and not reasonably discovered then in the exercise of due diligence but which, if known, would probably have resulted in the applicant having timely filed application for Montello approval and permit under Subsection D(1) and which, if Montello approval and permit are not now granted, will probably result in a material injustice or will unduly interfere with business competition.
(4)
A Montello approval and permit issued under this subsection
may, in Montello's discretion, be for as little as one discharge or
for as long as the remainder of the current calendar year and it may
also be subject to special or additional conditions as Montello prescribes.
A.
A nonrefundable fee will be charged for the filing of an application for on-site waste disposal as provided by § 272-21D(1). The fee will be set and announced prior to July 1 of each year and will be applicable to all initial applications and to all renewals within the ensuing year, except applications under § 272-21I. The fee shall defray Montello's costs of the application and review by the Montello Public Works Commitee.
B.
Billing.
(1)
For discharges at the Montello treatment facility, Montello will bill licensed disposers on a monthly basis. The licensed disposers shall pay the full amount of Montello on-site waste disposal charges incurred in any calendar month within 30 days from the end of that month. Failure of any licensed disposer to pay Montello as provided herein is cause for immediate revocation or nonrenewal of the disposer's approval and permit as provided by § 272-21H.
(2)
Rates of Montello monthly billing under Subsection B(1) will be established annually and should defray the cost of treatment and administration of the on-site waste disposal program, including capital costs. If the on-site waste discharged from any unit of the disposer's equipment contains any combination of the waste described at § 272-20 in the definitions of "on-site waste" and "septage," Montello will charge the disposer for that entire discharge at the highest Montello rate established for any of the waste contained therein giving no consideration to proportionality.[1]
C.
The licensed disposer shall clean up all spills or
the deposits resulting from his/her activity at and about the Montello
sewage treatment plant. Additional fees will be charged by Montello
for cleanup of any spills and expense of any damage occurring as a
result of the disposer's activity or conduct of any on-site waste
disposer.
D.
All measurements, tests, and analyses of the characteristics
of on-site waste to which reference is made in this article shall
be determined in accordance with Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health Association,
and Guidelines Establishing Test Procedures for Analysis of Pollutants
(1978, 40 CRT 136). Sampling methods, locations, times, durations,
and frequencies are to be determined on an individual basis by Montello.
Each disposer granted Montello approval and
permit pursuant to this article agrees to release, protect and indemnify
Montello, to hold and save Montello harmless, and to defend Montello,
its officers, employees, agents and representatives from any and all
claims, demands, causes of action, judgments, costs, expenses, damages
or other liability, including but not limited to damages from injury
or death and damages to persons or property arising out of the activities
permitted under this approval and permit and/or arising out of the
activity or conduct of such disposer or its equipment. Montello shall
require each applicant for Montello approval and permit to provide
Montello a certificate of insurance adequate in Montello's judgment
to permit the licensed disposer to comply with the provisions of this
section. Notice of any changes in or discontinuance of the insurance
shall be provided at least three weeks before the effective date thereof.
A.
Montello shall be supplied a certificate of insurance
for each licensed disposer which includes the following coverage:
(1)
Workers' compensation to statutory limits, plus $100,000
minimum in employers liability.
(2)
Commercial general liability in the amount of $100,000
combined single limit per occurrence for bodily injury and property
damage. Coverage will be included for premises and operations, contractual,
completed operations, independent contractors, and personal injury.
Coverage may be obtained by a basic policy or in combination with
an umbrella or excess policy.
(3)
Automobile liability in the amount of $1,000,000 combined
single limit for bodily injury and property damage liability. Coverage
will be included for all owned vehicles, nonowned vehicles, and hired
vehicles. Coverage may be obtained by a basic policy or in combination
with an umbrella or excess policy.
B.
Montello shall receive at least 21 days' notification
of intent to cancel or change coverage (as presently required).
C.
Montello should be added as an additional insured
to the liability policies for the licensed disposer.
