[HISTORY: Adopted by the Common Council of
the City of Bayfield as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Water Utility — See Ch. 378.
Subdivision of land — See Ch. 474.
Fees and charges — See City of Bayfield Fee
Schedule.[1]
[1]
Editor's Note: The City of Bayfield Fee Schedule is on file
and available for review in the City offices.
[Adopted 4-1-1992 (§§ 9-2-1
through 9-2-9 of the 1992 Code of Ordinances); amended in its entirety 12-14-2009 by Ord. No.
348]
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° 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 Building Inspector of the City of Bayfield or his appointed
assistant, agent or representative.
The extension from the building drain to the public sewer
or other place of disposal.
The City of Bayfield, Wisconsin.
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.
The commission formed by the intermunicipal agreement by
and between the City of Bayfield and the Pikes Bay Sanitary District,
Town of Bayfield, and adopted on March 26, 2004.
Any solid, liquid or gaseous substance discharged, permitted
to flow or escaping from any industrial, manufacturing, commercial
or business establishment or process or from the development, recovery
or processing of natural resources. Industrial wastes, under this
article, shall include all Class "D" manufacturers as identified in
the Standard Industrial Classification Manual.
Is permissive.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Sanitary sewage or other wastes in which BOD or suspended
solids concentrations do not exceed normal concentrations.
The record holder of property or his/her agent.
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 sanitary district located in the Town of Bayfield adjacent
to the City of Bayfield, in partnership under the auspices of the
Greater Bayfield Wastewater Treatment Plant and Commission. Both entities
jointly share membership on the GBWWTP Commission.
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 is controlled by public authority.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground, surface and storm waters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for the collecting, pumping, treatment and
disposing of sewage.
A pipe or conduit for carrying sewage.
Is mandatory.
Any discharge of water, sewage or industrial waste 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.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
Solids that either float on the surface of or are in suspension
in water, sewage, or other liquids and which are removable by laboratory
filtering.
The water specialist employed by the City of Bayfield responsible
for maintenance, upkeep, and repairs of the water and sewer infrastructure.
A natural or artificial channel for passage of water.
A.
Sewage service charge system.
(1)
Normal sewage service charge.
(a)
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 sewage service charge based upon
rates established by the Common Council of the City of Bayfield. Said
charges shall be assessed and collected bimonthly. 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 Utility Operator
determine that the water usage is too small to justify a meter, he/she
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 after approval of the Common Council. The water meters shall
be furnished by the Sewage 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 Sewage Utility will charge
for each meter at the rate of 50% of the service charge set for that
size meter to compensate for furnishing, reading and servicing the
meter. This charge shall be in addition to the sewage service charge.
(b)
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 sewage service. Should the Utility Operator determine that
the minimum flat rate charge is less than the charge would be on a
metered basis, he/she shall have the authority to set a higher rate
based on estimated total usage and the metered rate scheduled after
approval of such rate by the Common Council. 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.
(2)
Minimum bimonthly charge, sewer use rate per 1,000 gallons and surcharges.
(a)
The minimum bimonthly sewage charge shall be based on the size
water meter in service and the number of units of service on the meter,
and revised from time to time. The schedule of charges is found in
the City of Bayfield Fee Schedule as adopted by the Common Council.
(b)
The sewer charge per 1,000 gallons used is set by the Common
Council, and the schedule of charges is found in the City of Bayfield
Fee Schedule.
(c)
Surcharges for elevated concentrations of BOD, TSS or phosphorus
are set by the Common Council and listed in the City of Bayfield Fee
Schedule.
(3)
Financial accounts, payments, winter rates and billings.
(a)
The sewer treatment plant and its collector shall have an account
separate from that of the general fund.
(b)
There shall be a minimum sewer charge based on the water service
size. Said charge will be assessed regardless of whether the water
is turned off or whether the residence or business is vacant.
(c)
Regarding nonresidents, the nonresident charge shall apply only
to sewer customers who live outside the corporate limits of the City
of Bayfield. The minimum per month will be $10 and shall apply to
the water used on a volume charge which shall be the same as to the
City resident.
(d)
The City shall bill its customers on a bimonthly basis for the
sanitary sewer. A late payment charge of 10% will be added to bills
not paid within 20 days of issuance. This one-time late payment charge
of 10% will be applied only to any unpaid balance for the current
billing period usage. This late payment charge is applicable to all
customers.
(4)
Unmetered customers. Regarding unmetered customers, the unmetered
customer charge shall be available only to sewage customers which
are not served by the public water supply system and who discharge
only domestic sewage into the sanitary sewer system. Said charge for
residential purposes shall be set by Common Council, and the schedule
of charges is found in the City of Bayfield Fee Schedule.
B.
Industrial and commercial sewer service charges.
(1)
Industrial and commercial charges for other than normal sewage. Charges for sewage other than normal sewage 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 Bayfield as set forth in Subsection B(2) below.
(2)
Surcharge.
(a)
All persons discharging wastes into the public sewers may be
subject to a surcharge, in addition to any other sewage service charge,
if their sewage has a concentration greater than "normal concentrations."
(See definition.) The volume of flow used for computing waste surcharges
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.
(b)
The amount of surcharge shall reflect the cost incurred by the
Sewage Utility in removing BOD, suspended solids, and other pertinent
constituents. The rates of surcharge for each of the aforementioned
constituents will be at the prevailing rate at the time. Said prevailing
rates will be set by the Common Council, and the schedule of charges
is found in the City of Bayfield Fee Schedule.
(c)
In addition to the above surcharges, the Utility's costs of sampling and analyzing industrial wastes shall be charged to the applicable industry as provided in § 329-6. 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 Utility, the Utility reserves the right to establish a special charge for handling the waste. The depreciation portion of the charge 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.
(d)
The charge for testing each load of septage discharged into
the City sewer system (tested for both BOD and suspended solids) is
set by the Common Council, and the schedule of charges is found in
the City of Bayfield Fee Schedule.
(3)
The Bayfield Marina shall pay to the City of Bayfield for each boat
pumped out, and said payments shall be made on a monthly basis to
the City. The marina's lessee shall keep a record of the number
of boat pumpouts, and a copy of said record shall be sent to the City
accompanying each monthly payment. The amount per vessel is set by
the Common Council and listed in the City of Bayfield Fee Schedule.
(4)
There shall be fixed annual charges levied to the Excursion Boat
Line, the National Park Service, the Fish and Wildlife Service, and
Madeline Island Ferry Lines for the use of the City sewer. Said annual
charges are set by the Common Council and listed in the City of Bayfield
Fee Schedule.
C.
Industrial waste pretreatment. In the event 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 are not limited to, capital expenditures,
operation and maintenance expenses, labor, chemicals, heat and power.
D.
Standby connection charge.
(1)
As authorized by § 66.0809(1), Wis. Stats., an annual standby
charge is hereby imposed on all buildable sites within the City of
Bayfield with access to sewer but to which no connection has been
made. Said annual charges are set by the Common Council and listed
in the City of Bayfield Fee Schedule.
(2)
All invoices for standby charges will be submitted on an annual basis
during the month of June.
E.
Contract basis. Nothing in this article shall prohibit the City from
providing sewage service to persons outside the corporate limits of
the City under mutually agreeable conditions.
F.
Payment of service charges; audits.
(1)
Remedies from failure to pay service charges. Each sewage 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,
the sanitary sewer system of the City of Bayfield 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, Wis. Stats.,
in the same manner as water rates are taxed and collected under the
provisions of § 66.0809(1) or 62.69(2)(f), Wis. Stats.,
as same has been and from time to time may be amended or recreated,
so far as applicable.
(2)
Collection. The sewage service charges taxed or levied pursuant to
this article shall be collected by the City Clerk's office. The
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 sewage treatment
plant and the Utility.
G.
Designation of depository. The funds received from said sewage service
charges shall be deposited at regular intervals in the City of Bayfield's
official bank as designated at its annual reorganization meeting.
Said funds shall be available for payment of the cost and expense
of the management, maintenance depreciation and repair of the sewage
treatment plant and to provide funds for the retirement of bonds as
they mature and interest thereon.
H.
Annual audit. An audit of the Utility's financial standing shall
be made annually on a calendar year basis. 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.
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 sewage
or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this article.
C.
As of July 9, 1975, 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 within the City limits of the City
of Bayfield.
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/her expense, to install
suitable toilet facilities therein, and to connect such facilities
directly with the property public sewer in accordance with the provisions
of this article, within three months after date of notification.
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 office of
the Public Works Director or his/her representative.
B.
All costs and expense incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the City from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
C.
A separate and independent building sewer shall be provided for every
building intended for human habitation or occupancy.
D.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and tested by the Public
Works Director, to meet all requirements of this article.
E.
The size, slope, alignment, 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 City.
F.
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.
G.
Roof leaders, 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 sewage 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 Public Works Director
shall give the offending person 15 days' notice to disconnect.
Failure to disconnect after such notice shall authorize the Public
Works Director to cause disconnection and assessment of the costs
of such disconnection against the property involved. The Public Works
Director may, in the alternative, institute action for violation of
this subsection.
H.
The connection of the building sewer into the public sewer shall
conform to the requirements of the building and plumbing code or other
applicable rules and regulations of the City.
I.
The applicant for the building sewer permit shall notify the Public
Works Director when the building sewer is ready for inspection and
connection to the public sewer. The connection shall be made under
the supervision of the Public Works Director or his/her representative.
J.
All excavations for building sewer installation shall be adequately
guarded by the owner 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 at the owner's expense. (Definition
of "owner" would mean record holder of property or his/her agent.)
K.
A permit and inspection fee as set by the Common Council and an estimate
of all repair costs to City streets, sidewalks, curbs, gutters and
all damage to City property, prepared by the Public Works Director,
shall be paid to the City Clerk at the time the application is approved
and before work can commence. After all work is completed, the estimate
will be reviewed. If costs are less than the original estimate, a
refund will be made to the customer. If the actual cost is greater
than the original estimate, the customer will be billed for the balance.
The charges cannot exceed the actual cost for the work.
L.
A sewer connection fee for wastewater treatment shall also be paid
to the City Clerk at the time the application is approved and before
work can commence. Said annual fees are set by the Common Council
and listed in the City of Bayfield Fee Schedule.
Sewer mains will be extended for new customers on the following
basis:
A.
Where the cost of the extension is to immediately be collected through
assessment by the municipality against the abutting property, the
procedure set forth under § 66.0703, Wis. Stats., will apply,
and no additional customer contribution to the Utility will be required.
B.
Where the City is unwilling or unable to make a special assessment,
the extension will be made on a customer-financed basis as follows:
(1)
The applicant(s) will advance as a contribution in aid of construction the total amount equivalent to that which would have been assessed for all property under Subsection A.
(2)
Part of the contribution required in Subsection B(1) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contributions received from additional customers exceed the proportionate amount which would have been required under Subsection A, nor will it exceed the total assessable cost of the original extension.
C.
When a new customer(s) is connected to an existing main not financed
by customer contributions, it shall not be considered as a main extension,
and no contribution may be collected from the customer(s). This provision
applies to the mains installed after the effective date of this rule.
D.
Connections to City-owned laterals, mains, and other infrastructure
designed to serve sewage treatment for properties outside the City
limits shall be subject to the provisions pertaining thereto in the
Intermunicipal Agreement between the City of Bayfield and the Pikes
Bay Sanitary District for Creation and Operation of the Greater Bayfield
Wastewater Treatment Plant.
E.
Maintenance.
(1)
The maintenance of all sewer mains is the responsibility of the City
of Bayfield's Sewer Utility.
(2)
The maintenance of sewer laterals is the responsibility of the homeowner.
The maintenance responsibility will be from the City's sewer
main to the building the lateral is serving, regardless of the distance
and location of existing lateral.
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling 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 Public Works Director. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Public Works Director, 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, naphtha, fuel oil, or other flammable or explosive
liquids, 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 sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance,
or create any hazard in the receiving waters of the sewage treatment
plant.
(3)
Any waters or wastes having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage 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 sewage works, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, sanitary napkins, disposable diapers, etc., either whole
or ground by garbage grinders.
D.
No person shall discharge or cause to be discharged the following
described substances, materials, waters, or wastes if it appears likely
in the opinion of the Utility Operator that such wastes can harm either
the sewers, sewage treatment process, or equipment, have an adverse
effect on the receiving stream, or otherwise endanger life, limb,
public property or constitute a nuisance. In forming his/her opinion
as to the acceptability of these wastes, the Utility Operator will
give consideration to such factors as the quantities of subject wastes
in relation to flows and velocities in the sewers, materials of construction
or the sewers, nature of the sewage treatment process, capacity of
the sewage treatment plant, and other pertinent factors. The substances
prohibited are:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
(2)
Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances
which may solidify or become viscous at temperatures between 32°
F. and 150° F. (0° C. and 65° C.).
(3)
Any garbage that has not been promptly ground. The installation and
operation of any garbage grinder equipped with a motor of 3/4 horsepower
(0.76 hp metric) or greater shall be subject to the review and approval
of the Utility Operator.
(4)
Any waters or wastes containing strong acid iron pickling wastes,
or concentrated plating solutions, whether neutralized or not.
(5)
Any waters or wastes containing iron, chromium, cadmium, nickel,
copper, zinc and similar objectionable or toxic substances, or wastes
exerting an excess chlorine requirement to such degree that any such
material received in the composite sewage at the sewage treatment
plant exceeds the limits established by the Utility Operator for such
materials.
(6)
Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Utility Operator as necessary, after treatment of the composite
sewage, to meet the requirements of the state, federal or other public
agencies or jurisdiction for such discharge to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Utility Operator in compliance
with applicable state or federal regulations.
(8)
Any waters or wastes having a pH lower than 6, or higher than 9,
or having any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the sewage works.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids (such as, but
not limited to, Fullers earth, lime slurries and lime residues) or
of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(b)
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
(c)
BOD, chemical oxygen demand, phosphorous, nitrogen, or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment plant.
(d)
Unusual volume of flow or concentration of wastes constituting
"slugs" as defined herein.
(10)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed
or are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of the agencies having
jurisdiction over discharge to the receiving waters.
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 Utility Operator, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Operator shall recommend to the Common Council that it:
(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 wastes not covered by existing sewage service charges or charges under the provisions of Subsection L of this section. If the Utility Operator permits the pretreatment or equalization of waste flows, the design and installation of the plans and equipment shall be subject to the review and approval of the Utility Operator and Common Council and subject to the requirements of all applicable codes, ordinances and laws.
F.
Grease, oil and sand interceptors shall be provided as required by
the State Plumbing Code for the proper handling of liquid wastes containing
grease in excessive amounts, of 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 Public Works Director and
shall be located as to be readily and easily accessible for cleaning
and inspection. The grease trap or interceptor shall be cleaned no
less than once per month and documented by date and time. Documentation
shall be reviewed at the time of the Utility Operator's grease
trap inspection.
G.
Where preliminary treatment or equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his/her expense.
H.
When required by the Public Works Committee, the owner of any property
serviced by a building sewer carrying residential, commercial or industrial
wastes shall install a suitable control manhole together with such
necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
manhole, when required, shall be accessibly and safely located and
shall be constructed in accordance with plans approved by the Utility
Operator. Plans for the installation of the manholes shall be provided
to the Public Works Committee for its approval. The manhole shall
be installed by the owner at his/her expense and shall be maintained
by him/her so as to be safe and accessible at all times.
I.
Devices for metering the volume of waste discharged may be required
by the City Common Council if these volumes cannot otherwise be determined
by the use of water meters and exemption water meters. Metering devices
for determining the volume of waste shall be purchased, installed,
owned and maintained by the person. The type of meter and metering
arrangement shall be approved by the Utility Operator before installation,
and it shall be installed in accordance with approved methods. Following
approval and installation, such meters may not be removed without
the consent of the Utility Operator.
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 jointly by the American
Public Health Association, the American Water Works Association and
the Water Pollution Control Federation, and shall be determined at
the contract manhole provided or upon suitable samples taken at said
control manhole. In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest downstream
manhole in the public sewer to the point at which the building sewer
is connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works
and to determine the existence of hazards to life, limb and property.
K.
The accidental discharge of any prohibited waste into any sewer shall
be reported to the Utility Operator 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.
L.
No statement contained in this article shall be construed as preventing
any special agreement or arrangement between the Utility and any customer
where such agreement is in accordance with this article and the rate
structure herein.
M.
No person shall discharge or cause to be discharged into the public
sewer system any water from any swimming pool that has a capacity
of 500 gallons or greater without first obtaining approval from the
Utility and without following conditions set by the Greater Bayfield
Wastewater Treatment Plant.
All septage disposal must conform to the regulations adopted
by the Greater Bayfield Wastewater Treatment Plant Commission, including
fees and surcharges.
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 sewage works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
A.
The Utility Operator and other duly authorized employees of the City
of Bayfield bearing proper credentials and identification shall be
permitted to enter all properties for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this article. The Utility Operator or his/her representatives shall
have no authority to inquire into any process including metallurgical,
chemical, oil, refining, ceramic, paper or other industries beyond
that point having a direct bearing on the kind and source of discharge
to the sewers of waterways or facilities for waste treatment.
B.
While performing the necessary work on private properties referred to in Subsection A above, the Utility Operator or duly authorized employees or agents of the Utility shall observe all safety rules applicable to the premises established by the owner or company, and the owner or company shall be held harmless for injury or death to the Utility employees, and the Utility shall indemnify the owner or company against loss or damage to its property by Utility employees and against liability claims and demands for personal injury or property damage asserted against the owner or company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner or company to maintain safe conditions as required by this article.
C.
The Utility Operator and other duly authorized employees of the Utility
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
sewage works 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 § 329-8 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 shall, on conviction thereof, be subject to the penalty provisions of Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Each day in which any such violation shall continue shall be deemed a separate offense.
C.
Any person violating any of the provisions of this article shall
become liable to the City and others, as their interests 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 sewage works or any downstream user or facilities damaged
as a result of a prohibited discharge or any other violation of this
article.