[HISTORY: Adopted by the Village Board of
the Village of Siren as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-5-2008 (Title 5, Ch. 3 of the 1988 Code)]
A.
This article regulates the use of public and private
sewers and drains, discharge of septage into the public sewerage system,
and the discharge of waters and wastes into the public sewerage system
within the Village. It provides for and explains the method used for
levying and collecting wastewater treatment service charges, sets
uniform requirements for discharges into the wastewater collection
and treatment systems and enables the Village to comply with administrative
provisions and other discharge criteria which are required or authorized
by the State of Wisconsin or federal law. Its intent is to derive
the maximum public benefit by regulating the characteristics of wastewater
discharged into the Village sewerage system.
B.
This article provides a means for determining wastewater
volumes, constituents and characteristics, the setting of charges
and fees, and the issuing of permits to certain users. Revenues derived
from the application of this article shall be used to defray the costs
of operating and maintaining adequate wastewater collection and treatment
systems and to provide sufficient funds for capital outlay, debt service
costs and capital improvements. The charges and fees herein have been
established pursuant to requirements of the Wisconsin Statutes. This
article shall supersede any previous ordinance, rules or regulations
and shall repeal all parts thereof that may be inconsistent with this
article. If there is any conflict between this article and any applicable
statute, the state statute shall be controlling.
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows. "May"
is permissible; "shall" is mandatory.
A structure or building that will be used exclusively for
an existing building or business located on the same property. Examples
are storage facility, office space or commercial activity that is
an extension of the primary business.
One of the oxidation states of nitrogen, in which nitrogen
is combined with hydrogen in molecular form as NH3 or in ionized form as NH4. Quantitative determination
of ammonia nitrogen shall be made in accordance with procedures set
forth in Standard Methods or Ch. NR 149, Wis. Adm. Code.
The Village of Siren or its duly authorized committee, agent,
or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed as milligrams
per liter. Quantitative determination of BOD shall be made in accordance
with procedures set forth in the most recent edition of Standard Methods.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the wall of the building and conveys it to the building
sewer.
The extension from the public sewer or other place of disposal
beginning outside the inner face of the building wall and ending at
the public sewer. The wye fitting or other type of connection to the
public sewer is considered part of the building sewer.
Chemical elements and compounds that are typically found
in wastewater and may be regulated by this article. These are as follows:
Chemical Element
|
Compounds
|
Chemical Element
|
Compounds
|
---|---|---|---|
Aldrin
|
C12H8C16
|
Malathion
|
C10H19O6PS2
|
Ammonia Nitrogen
|
NH3
|
Mercury
|
Hg
|
Arsenic
|
As
|
Molybdenum
|
Mo
|
Benzene
|
C6H6
|
Nickel
|
Ni
|
Benzo (a) Anthracene
|
C4H4(CH2)C6H4(CH2)C6H4
|
Nitrogen
|
N
|
Benzo (a) pyrane
|
C30H12
|
PCB's
|
C12H10
|
Beryllium
|
Be
|
C12H9C1
| |
BIS (2 Ethylhexyl) Phthalate
|
(C3H7(C2H5)CHCH2OCO)2C6 H4
|
C12H8C12
| |
Cadmium
|
Cd
|
C12H7C13
| |
Carbon Tetrachloride
|
CC14
|
C12H6C14
| |
Chlordane
|
C10H6C18
|
C12H5C15
| |
Chloroform
|
CHC13
|
C12H4C16
| |
Copper
|
Cu
|
C12H3C17
| |
Chromium
|
Cr
|
C12H2C18
| |
Cyanide
|
Cn
|
C12H1C19
| |
DDT
|
(C1C6H4)2CHCC13
|
C12CL10
| |
DDD
|
(C1C6H4)2CHCHC12
|
Pentachlorophenol
|
C6CI5OH
|
DDE
|
(C1C6H12)CCC12
|
Phenanthrene
|
C14H10
|
Dieldrin
|
C12H10OC16
|
Phenol
|
C6H5OH
|
3,3- Dichlorbenzidine
|
C6H3C1NH2C6H3C1NH2
|
Phosphorous
|
P
|
Dichlorbenzidine
|
CH2C12
|
Phosphate
|
PO4
|
2, 4-D
|
C6H3OCH2(OOH)C12
|
Radium
|
Ra
|
Dimethyl Nitrosoamine
|
(CH3)2NNO
|
Selenium
|
Se
|
Endrin
|
C12H10OC16
|
Tetrachloroethylene
|
CC12CC12
|
Heptachlor
|
C10H7C17
|
Toxaphene
|
C10H10C18
|
Hexachlorobenzene
|
C6C16
|
Trichloroethylene
|
CHC1CC12
|
Hexachlorobutadiene
|
C4C16
|
2,4,6, - Trichlorophenol
|
C6H2C13OH
|
Lead
|
Pb
|
Vinyl Chloride
|
CH2CHC1
|
Lindane
|
C6H6C16
|
Zinc
|
Zn
|
Any user whose premises is used primarily for the conduct
of a profit-oriented enterprise in the field of construction, wholesale
or retail trade, finance, insurance, real estate or services and who
discharges primarily normal domestic wastewater. Apartment buildings
with four or more units shall be considered commercial users.
The Village Board of Siren.
Biochemical oxygen demand, suspended solids, phosphorus,
ammonia, or pH, plus additional pollutants identified in the WPDES
permit for the publicly owned treatment works receiving the pollutant
if such works were designed to treat such additional pollutants to
a substantial degree.
Water-carried wastes normally discharging into the sanitary
sewers from dwellings (including apartment houses and condominiums)
and commercial establishments, free from stormwater and industrial
waste. Domestic wastewater shall have a strength equal to or less
than 300 milligrams per liter BOD5, 300 milligrams
per liter suspended solids, and elemental phosphorus equal to or less
than 12 milligrams per liter.
An acquired legal right for the specific use of property
owned by another.
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 or septage shall be considered free of floatable
fat if it is properly pretreated and the wastewater does not interfere
with the collection or treatment system.
The residue from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of food products
and produce.
Pumping units and pressurized lines for individual structures
owned, installed and maintained by the property owner.
The residue from the preparation, cooking, and dispensing
of food that has been shredded to such degree that all particulates
will be no greater than 1/2 inch in any dimension and will be carried
freely in suspension under normal flow conditions in sewers.
Wastewater or septage with pollutants or of such a strength
that will adversely affect or disrupt the wastewater treatment processes
or effluent quality or sludge quality if discharged to the sewerage
system facility.
The wastewater from industrial process, trade, or business,
as distinct from sanitary sewage, including cooling water and the
discharge from sewage pretreatment facilities.
A person or business holding a valid license to do septage
servicing under Ch. NR 113, Wis. Adm. Code.
The wastewater 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 have inadvertently entered the sewerage system. Also termed "sewage."
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, government agency, or other entity.
The logarithm of the reciprocal of hydrogen ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen ion concentration of 10.
The total phosphorus in wastewater, which may be present
in any of three principal forms: orthophosphates, polyphosphates,
and organic phosphates. Quantitative determination of total phosphorus
shall be made in accordance with procedures set forth in Standard
Methods.
Publicly owned treatment works. It is used interchangeably
with "wastewater treatment facility (WWTF)."
Any sewer provided by or subject to the jurisdiction of the
Village of Siren. It shall also include sewers within or outside the
corporate boundaries that serve one or more persons and ultimately
discharge into the Village sanitary sewer system, even though those
sewers may not have been constructed with Village funds.
All costs associated with establishing a fund to accumulate
the necessary resources to replace equipment as required to maintain
capacity and performance during the design life of the facility. A
separate, segregated, distinct replacement fund shall be established
and used only for replacement of equipment.
The system whereby sewer user charges can be distributed
amongst the different types of users on an equitable basis. The unit
is use based and is established using a neutral parameter such as
gallons of water used or volume of wastewater expected from a user.
A structure or building or part of the same used principally
as a single-family dwelling or single-family housing unit.
Any user whose premises is used primarily as a domicile for
one or more persons and discharges only domestic wastes, but not including
dwellings classified as "commercial user."
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities, together with such
groundwater, surface water, and stormwater as may have inadvertently
entered the sewerage system.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with small quantities of groundwater, stormwater, and surface
water that are not admitted intentionally.
The wastewater or contents of septic or holding tanks, dosing
chambers, grease interceptors, seepage beds, seepage pits, seepage
trenches, privies or portable rest rooms.
Refer to "building sewer."
The spent water of a community. The preferred term is "municipal
wastewater."
All structures, conduits and pipes by which sewage is collected,
treated, and disposed of, except plumbing inside and in connection
with buildings served, and service pipes, from the building to the
sewer main.
The areas presently served and anticipated to be served by
a municipal wastewater collection system. State regulations (Ch. NR
121, Wis. Adm. Code) require that water quality management plans delineate
sewer service areas of urban areas with a population of over 10,000.
Approved facility plans contain less detailed sewer service areas
for communities under 10,000 in population.
A service charge levied on users of the wastewater collection
and treatment facilities for payment of use-related capital expenses
as well as the operation and maintenance costs, including replacement
of said facilities.
The common sanitary sewers within a sewerage system that
are primarily installed to receive wastewaters directly from facilities
that convey wastewater from individual structures or from private
property. The service connection "Y" fittings designed for connection
with those facilities are part of the Village-owned sewer system.
The facilities that convey wastewater from individual structures or
from private property to the public sanitary sewer, or its equivalent,
are specifically excluded from the definition of "sewer system." Pumping
units and pressurized lines for individual structures or groups of
structures are also specifically excluded from the definition of "sewer
system."[1]
Any substance release at a discharge rate and/or concentration
which causes interference with wastewater treatment processes or plugging
or surcharging of the sewer system.
The examination and analytical procedures set forth in the
most recent 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 Environment Federation.[2]
A drain or sewer for conveying surface water, groundwater,
subsurface water or unpolluted water from any source.
That portion of the rainfall that is collected and drained
into the storm sewers.
Solids that either float on the surface of or are in suspension
in water, wastewater, septage, or other liquids and that are removable
by laboratory filtering as prescribed in Standard Methods and are
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.
Any person who discharges or causes to be discharged domestic
wastewater, industrial discharges or any other wastewater into the
public sewer system.
The structures, equipment, and processes required to collect,
carry away, store, and treat domestic and industrial waste and septage
and dispose of the effluent and sludge.
An arrangement of devices and structures for treating wastewater,
septage, industrial waste, and sludge. Sometimes used synonymously
with "waste treatment facility," "wastewater treatment facility(ies)
(WWTF)," or "publicly owned treatment works (POTW)."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
The document issued by the State of Wisconsin Department
of Natural Resources which establishes effluent limitations and monitoring
requirements for a municipal wastewater treatment facility.
The management, operation, and control of the
sewer system for the Village of Siren is vested in the Village Board;
all records, minutes and all written proceedings thereof shall be
kept by the Village Clerk-Treasurer; the Village Clerk-Treasurer shall
keep all the financial records.
A.
Construction. The Village Board shall have the power
to construct wastewater treatment facilities, transport facilities,
and sewer lines for public use and shall have the power to lay sewer
pipes in and through the alleys, streets, and public grounds of the
Village and generally to do all such work as may be found necessary
or convenient in the management of the sewer system. The Village Board
shall have power by itself, its officers, agents, and servants to
enter upon any land for the purpose of making examination or supervising
in the performance of its duties under this article, without liability
therefor, and the Village Board shall have power to purchase and acquire
for the Village all real and personal property which may be necessary
for construction of the sewer system or for any repair, remodeling,
or additions thereto.
B.
Maintenance of services. The property owner shall own and maintain sewer service from the main in the street to the house without expense to the Village. All sewer services must be maintained free of defective conditions by and at the expense of the owner or occupant of the property. When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer service shall be installed for each building. Each new service shall conform to the requirements set forth in § 440-4 of this article. Grinder pumps required to provide service shall be owned and maintained by the property owner. Each grinder pump shall service only one individual property. Sharing of grinder pumps between properties is not allowed.
C.
Condemnation of real estate. Whenever any real estate
or any easement therein, or use thereof, shall in the judgment of
the Village be necessary to the sewer system, and whenever, for any
cause, an agreement for the purchase thereof cannot be made with the
owner thereof, the Village shall proceed with all necessary steps
to take such real estate easement or use by condemnation in accordance
with the Wisconsin Statutes and the Uniform Relocation and Real Property
Acquisition Policy Act of 1970, if federal funds are used.
D.
Title to real estate and personalty. All property,
real, personal, and mixed, acquired for the construction of the sewer
system and all plans, specifications, diagrams, papers, books and
records connected with said sewer system and all buildings, machinery,
and fixtures pertaining thereto shall be the property of the Village.
A.
General. The rules, regulations, and sewer rates of
the Village hereinafter set forth shall be considered a part of the
contract with every person, company or corporation who or which is
connected to or uses the Village sewer system or wastewater treatment
facility, and every such person, company or corporation, by connecting
with the sewer system or wastewater treatment facility, shall be considered
as expressing his or its assent to be bound thereby. Whenever any
of said rules and regulations, or such others as the Village may hereafter
adopt, are violated, the use or service shall be shut off from the
building or place of such violation (even though two or more parties
are receiving service through the same connection) and shall not be
reestablished except by order of the Village and on payment of all
arrears, the expenses and established charges of shutting off and
putting on, and such other terms as the Village may determine, and
a satisfactory understanding with the party that no further cause
for complaint shall arise. In case of such violation, the Village,
furthermore, may declare any payment made for the service by the party
or parties committing such violation to be forfeited, and the same
shall thereupon be forfeited. The right is reserved to the Village
to change these said rules, regulations, and sewer rates from time
to time as it may deem advisable and make special rates and contracts
in all proper cases. The following rules and regulations for the governance
of licensed plumbers, sewer users and others are hereby adopted and
established.
B.
Plumbers. No plumber, pipe fitter, or other person
shall be permitted to do any plumbing or pipe fitting work in connection
with the sewer system without first obtaining permission from the
Village. All service connections to the sewer main shall comply with
the State Plumbing Code.
C.
Users.
(1)
(2)
Mandatory hookup.
(a)
Except as provided under Subsection C(3), the owner of each parcel of land in the Village adjacent to a sewer main on which there exists a building usable for human habitation or in a block through which such system is extended shall connect to such system within 365 days of notice in writing from the Village. Upon failure to do so, the Village may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such costs shall be assessed as a special tax lien against the property; however, the owner may, within 30 days after the completion of the work, file a written option with the Village stating that he or she cannot pay such amount in one sum and asking that it be levied in not to exceed five equal installments and that the amount shall be so collected with interest at the rate of 6% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 66.0715, Wis. Stats.
(b)
In lieu of the above, the Village at its option
may impose a penalty on any owner failing to make a connection to
the sewer system, after 10 days' written notice, of a forfeiture in
an amount equal to 150% of the minimum monthly charge for sewer service,
payable monthly for the period in which the failure to connect continues.
Upon failure to make such payment, said charge shall be assessed as
a special tax lien against the property, all pursuant to § 66.0715,
Wis. Stats.[1]
(3)
Properties annexed to the Village after January 1,
2007.
(a)
Premises with existing on-site private wastewater disposal systems may continue to be used, and connection, as listed under Subsection C(2), shall not be required if a permit is issued by the Village for continued use of the disposal system.
(b)
Permits shall be issued to private systems that
are in compliance with the Burnett County Private Sewage System Ordinance
at the time of annexation and have a sanitary permit from Burnett
County.
(c)
Connection under Subsection C(2) is required for all new buildings with plumbing systems and is required when existing buildings are renovated or added onto such that the existing private wastewater system is no longer adequate under Ch. Comm 83, Wis. Adm. Code.
(d)
Permits shall be valid for three years and may
be renewed for two times for a maximum permit time of nine years if
the private sewage system is managed in accordance with § Comm
83.54, Wis. Adm. Code, including inspection every three years.
(e)
If a property which has been using a private
well under a private well permit issued by the Village of Siren is
for any reason connected to the municipal water system, connection
to the municipal sewer system shall be required.
(f)
This article ordains that the failure to connect
to the sewer system in conformance with this article is contrary to
the minimum health standards of the Village and fails to assure preservation
of public health, comfort, and safety of the Village.
(4)
Septic tank prohibited. Except as allowed in Subsection C(3) for properties annexed after January 1, 2007, the maintenance and use of septic tanks, holding disposal systems within the area of the tanks and other private sewage disposal within the area of the Village serviced by its sewer system are hereby declared to be a public nuisance and a health hazard. From and after August 1, 1978, the use of septic tanks, holding tanks or any private sewage disposal system within the area of the Village serviced by the sewerage system shall be prohibited.[2]
(5)
Application for sewer service. Every property owner
desiring to connect to the sewer system shall file an application
in writing with the Village on such form as is prescribed for that
purpose. Blanks for such applications will be furnished at the office
of the Village Clerk-Treasurer. The application must state fully and
truthfully all the wastes which will be discharged. The application
must provide the complete, correct legal description of the property
to be served. Property owners who are already connected to the sewer
system but who change the use of their buildings shall file an application
for the new use.[3]
(b)
The applicant shall be the owner of the premises.
A copy of Form 1, Siren Application Form for Water and Sewer Connection,
is available in the office of the Village Clerk-Treasurer. Persons
connected to the sewer system of the Village are referred to herein
as "users." If it appears that the service applied for will not provide
adequate service for the contemplated use, the Village may reject
the application. If the Village approves the application, it shall
issue a permit for service as shown on the application.
(c)
The service shall not be installed and no building
shall be connected to an existing lateral until the Village approves
the application.
(d)
Applications for service shall have a fee as
set by the Village Board.
(6)
Application for septage disposal. Discharge of septage
will not be allowed to the Village sewerage system.
(7)
Costs for connections and lateral installation. Users
attaching to a sewer main shall have the lateral from the sewer main
installed at their own expense. This includes all work within the
street right-of-way and on private property. Patching of Village streets,
county or state roads, curb, and sidewalks shall be the responsibility
of the person attaching to the sewer main. All lateral installations
will be inspected by the Village or its authorized representative
to ensure compliance with Village requirements. The person connecting
shall be responsible to pay for all inspection charges by the Village
or its authorized representative.
(8)
User to keep in repair. All users shall keep their
own building sewer or service pipes in good repair and protected from
frost, at their own risk and expense, and shall prevent any unnecessary
overburdening of the sewer system. This includes the portion of the
service pipe located within the street right-of-way and the service
wye or connection to the main.
(9)
Backflow preventor. If required by the Village, building
drains shall have a backflow prevention valve installed at the owner's
expense.
(10)
Foundation drain, sump pump, and roof drain
discharges to the sanitary sewer are prohibited. No foundation drains,
sump pumps, roof drains, or catch basin drains are permitted to discharge
to the sanitary sewer system. Stormwater and clear water sources must
be excluded from the sanitary sewer system.
(11)
User use only. No user shall allow other persons
or other services to connect to the sewer system through its lateral.
(12)
User to permit inspection. Every user shall
permit the Village or its duly authorized agent, at all reasonable
hours of the day, to enter its premises or building to examine the
pipes and fixtures and the manner in which the drains and sewer connections
operate, and the user must at all times, frankly and without concealment,
answer all questions put to it relative to its use, all in accordance
with this article and § 196.171, Wis. Stats.
(13)
Utility responsibility. It is expressly stipulated
that no claim shall be made against the Village or acting representative
by reason of the breaking, clogging, stoppage, or freezing of any
building sewers or service pipes, nor from any damage arising from
repairing mains, making connections or extensions or any other work
that may be deemed necessary. The right is hereby reserved to cut
off the service at any time for the purpose of repairs of any other
necessary purpose, any permit granted or regulations to the contrary
notwithstanding. Whenever it shall become necessary to shut off the
sewer within any area of the Village, the Village shall, if practicable,
give notice to each and every consumer within the area of the time
when such service will be shut off.
(14)
Excavations. In making excavations in streets
or highways for laying service pipe or making repairs, the paving
and the earth removed must be deposited in a manner that will result
in the least inconvenience to the public.
(a)
No person shall leave any such excavation made
in any street or highway open at any time without barricades, and
during the night warning lights must be maintained at such excavations.
(b)
In refilling the opening, after the service
pipes are laid, the earth must be laid in layers of not more than
nine inches in depth and each layer thoroughly compacted to prevent
settling. This work, together with the replacing of sidewalks, ballast
and paving, must be done so as to make the street as good, at least,
as before it was disturbed and satisfactory to the Village. No opening
of the streets for tapping the pipes will be permitted when the ground
is frozen.
(15)
Tapping the mains. No persons, except those
having special permission from the Village or persons in their service
and approved by them, will be permitted under any circumstances to
tap the mains or collection pipes. The kind and size of the connection
to the pipe shall be that specified in the permits or order from the
Village to ensure that new sewers and connections to the sewer system
are properly designed and constructed.
(a)
Pipes should always be tapped on top and not
within six inches (15 centimeters) of the joint or within 24 inches
(60 centimeters) of another lateral connection. All service connections
to mains must comply with the State Plumbing Code. Lateral connections
to existing sewers shall be made with saddles and by coring the existing
sewer or by inserting (cutting in) a wye or tee into the existing
sewer. The wye or tee shall be of the same pipe material as the existing
sewer. Where the existing sewer is clay, the wye or tee shall be PVC.
The lateral/tee connection shall be made with approved adaptors or
couplings.
(b)
A separate tap or connection fee shall be paid
for each connection to the sewage system. The Village shall specify
these fees by separate ordinance. Each building with sewer service
on a property shall be responsible to pay a tap or connection fee.
(16)
Installation of house laterals. All building
sewers and service pipes (laterals) on private property will be installed
in accordance with Ch. Comm 82, Design, Construction, Installation,
Supervision, Maintenance and Inspection of Plumbing, Wis. Adm. Code,
especially § Comm 82.30, Sanitary drain systems. Building
sewers within the street right-of-way shall be installed per Village
standards.
(b)
The individual property owner is responsible
to have a backflow preventor, lateral, and connection installed in
accordance with the code references cited above.
(c)
All laterals shall be inspected as required
by Ch. Comm 82, Wis. Adm. Code.
(d)
Fees for building sewer connections and inspections
shall be established by the Village by separate ordinance.
(17)
Extensions. The Village shall extend sewer mains
to a new person(s) in accordance with the following charges and the
following conditions:
(a)
When an extension of a sewer main is required
by the prospective user, said person shall make an application on
such a form as is prescribed for that purpose for such an extension
in writing to the Village by filing of such an application. The Village
shall first determine the logical location of the next manhole or
manholes. Next, the Village shall determine the length and location
of the extension, taking into consideration the prospective demands
for service, the capacity of downstream facilities, and the orderly
development of the particular area. No extension shall be made for
a distance less than to the next manhole. All sewer extensions shall
be constructed in compliance with local and state laws, ordinances,
and regulations.
(b)
The person who requests the extension shall
pay the entire cost of said extension, including the manhole or manholes
that are part of the extension. If more than one user in involved,
the entire cost shall be divided among these users.
(c)
After making the decision as to the length and
location of the extension and prior to the time of making the charge
to the person(s), the Village shall determine the benefits to be received
by any parcel that can be served by said extension. Before making
a determination as to benefits received, Village shall first divide
the area to be served into logical building lots. The Village may
consider the recommendations of the landowner in determining said
building lots if the landowner as part of his or her application accompanies
said application with a proposed division of said land into lots for
sale or use. In determining the amount to be paid by the original
users, if more than one user is involved, the division of the charge
shall be made by considering each building lot as a separate user.
(d)
Payments are to be considered contributions
to construction, and after the original contribution, in any future
connection by reason other than to a lot owned by a party making a
previous contribution, such user shall be required to pay to the Village
its pro rata share of the lot or lots owned by the new attaching user
in the entire extension cost as if said user had been one of the original
contributors.
(e)
In addition to the charge made as above provided
to each lot, each user shall pay the full cost of the lateral from
the main to its building.
(18)
Private systems prohibited. Except as provided in Subsection C(3), the maintenance and use of private sewage disposal systems within the area of the Village served by sanitary sewer are hereby declared to be a public nuisance and a health hazard. For all proposed development within the Village but outside of the sewage service area, the Village will determine on a case-by-case basis if a private sewage disposal system is acceptable. The sewage service area is defined as anywhere in the Village within 1,000 feet of public sewer.
(19)
Additional authority. The Village may at any
time establish specific connection and lateral charges for any main
not covered by other provisions in this article or when the Village
has made an extension and the Village has failed to provide lateral
or connection charges. It is further provided that the Village may:
(a)
Amend or alter any connection or lateral charge
after its establishment under the terms of this article or previous
ordinances or resolutions.
(b)
Require a user to provide special waste treatment,
pretreatment, pumping, grinding, or other practices, to be maintained
at the user's expense, if the Village or its duly authorized representative
determines the wastewater from that user merits such measures prior
to discharge to the sewerage system and wastewater treatment facility.
(20)
Grease and/or sand interceptors. Grease, oil, and sand interceptors
shall be provided by commercial, public authority and industrial dischargers
when in the opinion of the Village they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or
any flammable wastes, sand, and other harmful components. The interceptor
unit shall be located as to be readily and easily accessible for cleaning
and inspection. For all new construction after May 9, 2019, the interceptor
shall be located outside of the building. In the maintaining of these
interceptors, the discharger 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 Village. Any removal and hauling of the collected
materials not performed by the discharger's personnel must be performed
by currently licensed disposal firms.
[Amended 5-9-2019 by Ord.
No. 2019-02]
(a)
Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight, and equipped
with easily removable covers which when bolted in place shall be gastight
and watertight.
(b)
Depending on the type of industry, monthly monitoring may be required.
No industry should be monitored less than quarterly. Monitoring must
be done so the industry will be properly billed for sewer use charges.
(c)
Sewer users with grease, oil or sand interceptors shall provide reports
of inspections and cleaning, and invoices from cleaning by disposal
firms, if requested by the Village.
[Amended 2-10-2011 by Ord. No. 2011-01]
No discharger shall contribute or cause to be
discharged, directly or indirectly, any of the following described
substances into the wastewater disposal system or otherwise to the
facilities of the Village:
A.
Any liquids, solids or gases which, by reason of their
nature or quantity, are or may be sufficient, either alone or by interaction,
to cause fire or explosion or be injurious in any other way to the
operation of the Village of Siren wastewater facilities or wastewater
treatment works. This includes but is not limited to gasoline, naphtha,
fuel oil, lubricating oil, and benzene.
B.
Solid or viscous substances that will or may cause
obstruction to the flow in a sewer or other interference with the
operation of the wastewater system. This includes but is not limited
to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure, etc.
C.
Any wastewater having a pH less than 5.0 or higher
than nine or having any other corrosive property capable of causing
damage or hazard to structures, equipment, or personnel of the system
(unless the system is specifically designed to accommodate such wastewater).
D.
Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction, to injure or interfere
with any wastewater treatment process, to constitute a hazard to humans
or animals, or to exceed the limitation set forth in state or federal
categorical pretreatment standards. A toxic pollutant shall include
but not be limited to any pollutant identified in the toxic pollutant
list set forth in Ch. NR 215, Wis. Adm. Code.
E.
Any noxious or malodorous liquids, gases, or solids
which, either singly or by interaction, are capable of creating a
public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for their maintenance and repair.
F.
Any substance that may cause the Village of Siren
effluent or treatment residues, sludges, or scums to be unsuitable
for reclamation and reuse or interfere with the reclamation process.
G.
Any substance which will cause the Village of Siren
to violate its WPDES and/or other disposal system permits.
H.
Any substance with objectionable color not removed
in the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions.
I.
Any wastewater having a temperature which will inhibit
biological activity in the Village of Siren treatment works, resulting
in interference, but in no case wastewater with a temperature at the
introduction into the publicly owned treatment works which exceeds
40° C. (104° F.).
J.
Any slug load, which shall mean any pollutant, including
oxygen demanding pollutants (BOD, etc.), released in a single extraordinary
discharge episode of such volume or strength as to cause interference
to the publicly owned treatment works.
K.
Any unpolluted water, including but not limited to
noncontact cooling water.
L.
Any wastewater containing any radioactive wastes or
isotopes of such half-life or concentration as exceeds limits established
by the Village in compliance with applicable state or federal regulations.
M.
Any wastewater that causes a hazard to human life
or creates a public nuisance.
N.
Any stormwater, surface water, groundwater, roof runoff
or surface drainage or any other connections from inflow sources to
the sanitary sever. Such waters may be discharged to a storm sewer
or other waterway with permission of the Village.
O.
Any garbage that has not been properly shredded. Garbage
grinders may be connected to sanitary sewers from homes, hotels, institutions,
restaurants, 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.
P.
Any septage into a sewer manhole or the wastewater
treatment facility or any storage area located in the collection system
which would cause the septage to be delivered to the wastewater treatment
facility.
Q.
Any water or wastes which may contain more than 100
parts per million by weight of fat, oil, or grease.
A.
National Categorical Pretreatment Standards. National
Categorical Pretreatment Standards as promulgated by the United States
Environmental Protection Agency shall be met by all dischargers of
the regulated industrial categories.
B.
State requirements. State requirements and limitations
on discharges to the publicly owned treatment works shall be met by
all dischargers which are subject to such standards in any instance
in which they are more stringent than federal requirements and limitations
or those in this article or any other applicable ordinance.
C.
Right of revision. The Village reserves the right
to amend this article to provide for more stringent limitations or
requirements on discharges to the publicly owned treatment works where
deemed necessary to comply with the objectives set forth in this article.[1]
D.
Dilution. No discharger shall increase the use of
potable or process water in any way or mix separate waste streams
for the purpose of diluting a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the standards set
forth in this article.
E.
Accidental discharges.
(1)
Each discharger shall provide protection from accidental
discharge of prohibited or regulated materials or substances established
by this article. Where necessary, facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the discharger's cost and expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the Village for review and shall be approved by the Village before
construction of the facility. Review and approval of such plans and
operating procedures by the Village shall not relieve the discharger
from the responsibility to modify its facility as necessary to meet
the requirements of this article.[2]
(2)
Dischargers shall notify the Village immediately upon
the occurrence of a slug load or accidental discharge of substances
prohibited by this article. The notification shall include the location
of the discharge, the date and time thereof, type of waste, concentration
and volume, and corrective actions. Any discharger which discharges
a slug load of prohibited materials shall be liable for any expense,
loss or damage to the Village of Siren wastewater facilities or wastewater
treatment works, in addition to the amount of any fines imposed on
the Village on account thereof under state or federal law.[3]
(3)
Signs shall be permanently posted in conspicuous places
on the discharger's premises advising employees whom to call in the
event of a slug or accidental discharge. Employers shall instruct
all employees who may cause or discover such a discharge with respect
to the emergency notification procedure.
A.
DEBT SERVICE CHARGES
NORMAL DOMESTIC STRENGTH WASTEWATER
NORMAL USER
OPERATION AND MAINTENANCE COSTS
REPLACEMENT COSTS
SEWER SERVICE CHARGE
Definitions. The following terms shall have the following
meanings under this section:
Include all costs associated with repayment of debts incurred
for the construction and/or rehabilitation of the wastewater collection
system and treatment facility.
Wastewater with concentrations of BOD5 and suspended solids no greater than 300 and 300 milligrams per
liter (mg/1), respectively.
A user whose contributions to the sewerage system consist
only of normal domestic strength wastewater originating from a house,
apartment, flat, or other living quarters occupied by a person or
persons constituting a distinct household, business or commercial
enterprise.
Include all costs associated with the operation and maintenance
of the wastewater collection and treatment facilities.[1]
Include all costs necessary to accumulate the resources to
replace equipment as required to maintain capacity and performance
during the design life of the facility. A separate, segregated, distinct
replacement fund shall be established and used for only replacement
of equipment.
A service charge levied on users of the sewerage system for
payment of capital expenses as well as the operation and maintenance
costs, including replacement of said facilities.
B.
Policy. It shall be the policy of the Village of Siren
to obtain sufficient revenues to pay the costs of debt service and
the operation and maintenance of the sewerage facilities, including
a replacement fund (i.e., a cash account to be used for future expenditures
for obtaining or installing equipment, accessories or appurtenances
which are necessary to maintain the capacity and performance of the
sewerage system during the service life for which such facilities
were designed and constructed), through a system of sewer service
charges. The system shall assure that each user of the sewerage system
pays its proportionate share of the cost of such facilities.
A.
Industrial discharges. If any waters, wastes or septage discharged, or proposed to be discharged, to the public sewerage system contains substances or possesses the characteristics enumerated in § 440-5 and which, in the judgment of the Village, may be detrimental to the sewerage system, the Village may:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for
discharge to the sewerage 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 waste not covered by existing taxes or sewer charges.
B.
Control manholes.
(1)
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 the waste, including domestic sewage.
(2)
Control manholes or access facilities shall be located
and built in a manner acceptable to the Village. If measuring devices
are to be permanently installed, they shall be of a type acceptable
to the Village.
(3)
Control manholes, access facilities, and related equipment
shall be installed by the person discharging the industrial waste,
at his expense, and shall be maintained by the person discharging
the waste 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
prior to the beginning of construction.[1]
C.
Measurement of flow. The volume of flow used for computing
the sewer service and the cost recovery charges shall be based upon
the water consumption of the person. A water meter shall be installed
at all commercial and industrial facilities to record water consumption
for billing purposes. The water meter shall be installed, owned, and
maintained by the person discharging the wastewater. The water meter
installation shall be reviewed and approved by the Village prior to
installation. Following approval and installation, such meters may
not be removed without the consent of the Village.
D.
Provision for deductions. In the event that a person
discharging industrial waste into the public sewers produces evidence
satisfactory to the Village that more than 10% of the total annual
volume of water used for all purposes does not reach the public sewer,
then the determination of the water consumption to be used in computing
the waste volume discharged into the public sewer may be made a matter
of agreement between the Village and the industrial waste discharger.
E.
Metering of waste. Devices for measuring the volume
of waste discharged may be required by the Village if this volume
cannot otherwise be determined from the metered water consumption
records. Metering devices for determining the volume of water shall
be installed, owned, and maintained by the person discharging the
wastewater. Following approval and installation, such meters may not
be removed without the consent of the Village.
F.
Waste sampling.
(1)
Industrial waste discharges into the public sewers
shall be subject to periodic inspection and a determination of character
and concentration of said waste at least quarterly.
(2)
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 Village. A minimum of at least quarterly sampling
shall be necessary to determine sewer service charges.
(3)
Testing facilities shall be the responsibility of
the person discharging the waste or septage and shall be subject to
the approval of the Village 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.
Pretreatment. When required, in the opinion of the
Village, to modify or eliminate wastes that are harmful to the structures,
processes, or operation of the sewerage system, the discharger shall
provide at its expense such preliminary treatment or processing facilities
as may be required to render this waste acceptable for admission to
the public sewers.
H.
Analyses.
(1)
All measurements, tests, and analyses of the characteristics
of water and waste 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 Guidelines Establishing Test Procedures
for Analysis of Pollutants (1978, 40 CFR 136). Sampling methods, locations,
times, durations, and frequencies are to be determined on an individual
basis subject to approval by the Village.
(2)
Determination of the character and concentration of
the industrial waste shall be made by the person discharging them
or his agent, as designated and required by the Village. The Village
may also make its own analyses of the wastes and these determinations
shall be used as a basis for charges. If the person discharging the
waste contests the determination, he may elect to have an independent
laboratory determine the character and concentration of the waste.
Said independent laboratory shall be certified under Ch. NR 149, Wis.
Adm. Code, and be acceptable to both the Village and the person discharging
the waste. All costs incurred by the independent laboratory in making
the determination shall be assumed by the discharger.
I.
Submission of information. Plans, specifications,
and any other pertinent information relating to proposed flow equalization,
pretreatment, or processing facilities shall be submitted for review
of the Village prior to the start of their construction if the effluent
from such facilities is to be discharged into the public sewers.
J.
Submission of basic data.
(1)
Within three months after passage of this article,
each person who discharges industrial wastes to a public sewer shall
prepare and file with the Village a report that shall include pertinent
data relating to the quantity and characteristics of the waste discharged
to the sewerage system.
(2)
Similarly, each person desiring to make a new connection
to a public sewer for the purpose of discharging industrial wastes
shall prepare and file with the Village a report that shall include
actual or predicted data relating to the quantity and characteristics
of the waste to be discharged.
K.
Extension of time. When it can be demonstrated that
circumstances exist which would create an unreasonable burden on the
person proposing to discharge a waste to comply with the time schedule
imposed herein, a request for extension of the time may be presented
for consideration to the Village.
A.
Payment and penalty. Failure to receive a bill shall
be no exemption from penalty. Every reasonable care will be exercised
in the delivery of bills. Failure to receive a bill shall not relieve
any person of the responsibility for payment of sewer rates within
the prescribed period or exempt any person from any penalty imposed
for delinquency in the payment thereof.[1]
B.
Charges a lien. All sewage charges shall be a lien
upon the property serviced pursuant to § 66.0809, Wis. Stats.,
and shall be collected in the manner therein provided.
C.
Disposition of revenue. The amounts received from
the collection of charges authorized by this article shall be credited
to a sanitary sewerage account that shall show all receipts and expenditures
of the sewerage system. Charges collected for replacement expenses
shall be credited to a segregated, nonlapsing replacement account.
These funds are to be used exclusively for replacement. When appropriated
by the Village, the credits to the sanitary sewerage account shall
be available for the payment of the requirements for operation, maintenance,
repairs, and depreciation of the sewerage system consistent with § NR
162.11, Wis. Adm. Code. Any surplus outside the purview of § NR
162.11 in said account shall be available for the payment of principal
and interest of bonds issued and outstanding, or which may be issued,
to provide funds for said sewerage system, or part thereof, and all
or a part of the expenses for additions and improvements and other
necessary disbursements or indebtedness, and the Village may resolve
to pledge each surplus or any part thereof for any such purpose. All
present outstanding sewer system general obligation bonds, including
the refunding bonds, shall be paid from this fund as to both principal
and interest.
D.
Additional charges. Additional charges may be imposed
upon each lot, parcel of land, building, or premises served by public
sewer and wastewater facilities located outside the boundaries of
the Village to equalize local capital costs. Such additional charges
shall result in a minimum charge for each user according to the schedule
for debt repayment from utility revenues. Such additional charges
shall be added to the sewer bill for each billing period.
E.
Excess revenues. Excess revenues collected from a
user class will be applied to operation and maintenance costs attributable
to that class for the next year.
A.
Damages. No unauthorized person shall maliciously,
willfully, or negligently break, damage, destroy, uncover, deface,
or tamper with any structure, appurtenance or equipment that is a
part of the sewerage system. Any person violating this provision shall
be subject to immediate arrest under charge of disorderly conduct.
B.
Written notice of violation. Any person connected
to the sewerage system found to be violating a provision of this article
shall be served by the Village 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.
C.
Accidental discharge. Any person found to be responsible
for accidentally allowing a deleterious discharge into the sewerage
system that caused damage to the sewerage system and/or receiving
water body shall, in addition to a fine, pay the amount to cover all
damages, both of which will be established by the Village.
D.
Accidental discharge reporting. Any person responsible
for an accidental discharge that may have a detrimental impact on
the sewerage system shall immediately report the nature and amount
of the discharge to the Village.
E.
Continued violations. Any person, partnership, or corporation, or any officer, agent, or employee thereof, who or which shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.[1]
F.
Liability to the Village of Siren for losses. Any
person violating any provision of this article shall become liable
to the Village for any expense, loss, or damage occasioned by reason
of such violation that the Village may suffer as a result thereof.
G.
Damage recovery. The system shall have the right of
recovery from all persons of any expense incurred by said system for
the repair or replacement of any part of the sewerage system damaged
in any manner by any person by the performance of any work under his
control or by any negligent acts.
H.
Penalties. Any person who shall violate any of the provisions of this article or rules or regulations of the Village or who shall connect a service pipe or discharge without first having obtained a permit therefor or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. This, however, shall not bar the Village from enforcing the connection duties set out in § 440-4C(2) for mandatory hookup.[2]
I.
Appeal procedures. Any user affected by any decision,
action, or determination, including cease and desist orders, made
by the interpreting or implementing provisions of this article may
file with the Village a written request for reconsideration within
10 days of the date of such decision, action, or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
The Village, upon receiving the request for reconsideration, shall
publish the request in the official newspaper. The Village shall render
a decision on the request for reconsideration to the user in writing
within 15 days of receipt of the request. If the ruling on the request
for reconsideration made by the Village is unsatisfactory, the person
requesting reconsideration may, within 10 days after notification
of the action, file a written appeal with the Village.
The Village, through its duly qualified governing
body, may amend this article in part or in whole whenever it may deem
necessary.
[Adopted 6-11-2008 (Title 5, Ch. 4 of the 1988 Code)]
A.
Water meters shall be read monthly to determine sewer
usage. All charges for the services described herein for each month
shall be billed on the first day of the following month. Usage shall
be adjusted quarterly by subtracting water volumes shown on deduct
meters from determinations of sewer usage.
[Amended 10-8-2009]
B.
A one-percent penalty shall be charged on any monthly
bill not paid in full by the due date of that month.
[Amended 8-6-2015 by Ord.
No. 2015-02]
C.
The monthly billing shall consist of a base charge
and a volume charge. The rates shall be sufficient to pay the billing
and customer-related administration expenses and the annual cost of
operation and maintenance, including any replacement fund, of the
sewerage facilities, debt service and debt coverage. The rates for
base and volume charges shall be established by the Village Board
and reviewed annually. The current rates as established by ordinance
shall be kept on file at the office of the Village Clerk-Treasurer.
[Amended 2-10-2011 by Ord. No. 2011-01]
D.
A sewer base service charge is hereby imposed upon
each lot, parcel of land, building, or premises served by the public
sewer and wastewater facilities or otherwise discharging sewage, including
industrial wastes, into the public sewerage system. Such sewer service
charge shall be payable as hereinafter provided.
(1)
The
base unit charge shall be based upon the amount of water used by one
residential equivalent unit (REU). This amount is assumed to be 5,000
gallons per month. Each residential user shall pay one base unit per
month. Except for apartment and office buildings, each commercial,
industrial and public authority user shall pay a number of base units
equal to its monthly water use divided by 5,000 gallons per month
and rounded down to the nearest whole number of units. The number
of units assigned shall be determined annually by the Village based
on the average of the last year's monthly water usage. Apartment buildings
shall pay one base unit per month per apartment. Multi-use buildings
shall be assigned one base unit per month per apartment and/or business
suite or separate office. Buildings with suites or offices that share
rest rooms shall be assigned one unit per set of rest rooms.
(2)
Any
sewer users whose number of base units changes upon adoption this
formula shall have the change in base units phased in over a one-year
period after adoption of this article.
E.
All water entering a structure shall be metered. Sewer
service volume charges shall be applied to 100% of the metered water
use unless the user can demonstrate, to the satisfaction of the Village,
that the actual annual water usage varies greater than 10% from the
metered water use. In cases where a ten-percent variance is documented,
the Village may allow a second meter to measure flows not discharged
to the sanitary sewer. These additional flows shall not be charged
for sanitary sewer service.
F.
The volume charge shall be calculated based upon the
total costs required for the wastewater collection and treatment systems
minus the estimated income from the base unit minus income from the
Town of Siren Sanitary District divided by the estimated number of
gallons billed per year.
G.
All new sewer customers who are not customers of the
Village water system and are without water meters shall install water
meters for billing purposes when they apply for water or sewer service.
Existing residential customers without water meters shall either install
water meters or be charged one base charge plus a charge equal to
the volume charge for 5,000 gallons per month.
A.
Deduct meters. All sewer users may install water meters
to record water sprinkling and other nonsewer water use at their own
expense. The water meters used shall be approved by or supplied by
the Village of Siren at the Village's cost, plus a ten-percent handling
fee. The meters shall be installed in conformance with Village requirements.
Such meters shall be read quarterly by the Village of Siren, if accessible,
and the volume readings shall be deducted from the sewer use volume
charge to the user.
B.
Summer sewer charges. Residential customers not using
deduct meters shall be given a credit for summer lawn sprinkling using
May water meter readings to determine June, July and August sewer
volume charges.
[Amended 5-6-2010; 8-6-2020 by Ord. No. 2020-04]
Sewer charges shall be discontinued to a property
only if the sewer line is plugged to Village standards, with Village
inspection. This shall apply even if there is no longer a building
on the property.[1]
[1]
Editor's Note: The sewer service charges for 2008-2009 which
immediately followed this section were deleted 2-10-2011 by Ord. No.
2011-01. Current charges are on file at the office of the Village
Clerk-Treasurer.
A fee as set by the Village Board shall be charged
for connection to the sewer system and inspection of the connection
by the Village.