Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 455 (Ch. 7 of the 1961 Code)]
The wastewater of this municipality is collected and treated in whole or in part by the wastewater system operated by the Sewerage Commission of the City of Milwaukee (the "Commission") on behalf of itself, the Metropolitan Sewerage Commission of the County of Milwaukee (the "Metropolitan Commission") and the Metropolitan Sewerage District of the County of Milwaukee (the "District"). The purpose of this article is to enable this municipality to establish and collect from users within the municipality those charges which represent the proportionate contribution by such users both to the cost of operating and maintaining the system and that part of the cost of past and future capital improvements in the system not defrayed by an ad valorem tax on real property. Such charges are required to enable the District to become and remain eligible for federal grants for wastewater facility capital improvements.
A. 
The following sections and related appendices of District Rules and Regulations, Article XVII, promulgated by the Commission, the Metropolitan Commission and the District, as now in effect and as the same may be amended from time to time hereafter, are hereby incorporated by reference and shall be of full force and effect as though set forth in their entirety herein.
Section 1701.020
Definitions
Section 1701.040
Municipal Transfer of Data
Section 1701.041
Estimated Volume of Discharge
Section 1701.050
User Transfer of Data
Section 1701.051
Discharge Factor Certification
Section 1701.052
Waste Strength Certification
Section 1701.053
Certification Procedures
Section 1701.054
Verification
Section 1701.055
Audit Control of User Connections
Section 1701.056
Appeal Provision
Section 1702.010
Purpose of the User Charge System
Section 1702.020
User Charge Billing Basis
Section 1702.030
Wholesale User Charge Billing Basis
Section 1702.040
Unit Costs of Treatment
Section 1703.010
Purpose of the Local Capital Cost Recovery (LCR) System
Section 1703.020
LCR Billing Basis
Section 1703.030
Wholesale LCR Billing Basis
Section 1703.040
Unit Costs of LCR
Section 1704.010
Purpose of the Industrial Cost Recovery (ICR) System
Section 1704.020
ICR Billing Basis
Section 1704.030
Wholesale ICR Billing Basis
Section 1704.040
Unit Costs of ICR
B. 
For purposes hereof, "residential structure," as defined in District Rules and Regulations, Article XVII, shall mean any building accommodating exclusively one or two residential units.
There is hereby imposed a charge on each user in this municipality who discharges wastewater, directly or indirectly, into the wastewater system operated by the Commission. Such charge shall be in the amount specified below for the various classes of users.
A. 
Residential users. The residential user charge shall be based on a uniform charge, as follows: The uniform charge for each residential unit shall be calculated by dividing the wholesale residential user charge (i.e., the charge by the Commission to the municipality) by the number of residential units in the municipality. Individual residential user charges shall be calculated as the user's number of residential units times this uniform charge.
B. 
Noncertified commercial users. The retail noncertified commercial user charge shall be based on a volumetric charge, as follows: The volumetric charge shall be calculated by dividing the wholesale noncertified commercial user charge (i.e., the charge by the Commission to the municipality) by the total volume of noncertified commercial water consumption. Individual noncertified commercial user charges shall be calculated by multiplying the user's volume of water consumption times this volumetric charge.
C. 
Discharge certified commercial users. Each retail discharge certified commercial user charge shall be equal to each wholesale discharge certified commercial user charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
D. 
Waste strength certified commercial users. Each retail waste strength certified commercial user charge shall be equal to each wholesale waste strength certified commercial user charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
E. 
Noncertified industrial users. Each retail noncertified industrial user charge shall be equal to each wholesale noncertified industrial user charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
F. 
Discharge certified industrial users. Each retail discharge certified industrial user charge shall be equal to each wholesale discharge certified industrial user charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
G. 
Waste strength certified industrial users. Each retail waste strength certified industrial user charge shall be equal to each wholesale waste strength certified industrial user charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
There is hereby imposed a local capital recovery (LCR) charge on each industrial user in this municipality whose function is described by the Standard Industrial Classification (SIC) Division D ("LCR user"). The LCR charge shall be in the amount specified below for the various classes of LCR users:
A. 
Noncertified industrial users. Each retail noncertified industrial LCR charge shall be equal to each wholesale noncertified industrial LCR charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
B. 
Discharge certified industrial users. Each retail discharge certified industrial LCR charge shall be equal to each wholesale discharge certified LCR charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
C. 
Waste strength certified industrial users. Each retail waste strength certified industrial LCR charge shall be equal to each wholesale waste strength certified industrial LCR charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
There is hereby imposed an industrial cost recovery (ICR) charge on each ICR user (as defined in District Rules and Regulations, Article XVII) in this municipality. The ICR charge shall be in the amount specified below for the various classes of ICR users.
A. 
Noncertified industrial users. Each retail noncertified industrial ICR charge shall be equal to each wholesale noncertified industrial ICR charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
B. 
Discharge certified industrial users. Each retail discharge certified industrial ICR charge shall be equal to each wholesale discharge certified industrial ICR charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
C. 
Waste strength certified industrial users. Each retail waste strength certified industrial ICR charge shall be equal to each wholesale waste strength certified industrial ICR charge submitted to the municipality pursuant to District Rules and Regulations, Article XVII.
A. 
Charges.
(1) 
User, LCR, and ICR charges shall be billed on a quarterly basis. Payment of such bills shall be made within 20 days after mailing by the municipality. In the event that such bill is not paid when due, a penalty of 1 1/2% per month shall be added thereto. This late payment charge will be applied to the total unpaid balance, including late payment charges.
(2) 
In addition to the charges imposed pursuant to §§ 260-3, 260-4 and 260-5, a charge is hereby imposed to reimburse the Village for administrative and clerical costs related to collection of the above referred to charges. The amount of such charge assessed against individual users shall be determined in the same manner as the other charges above set forth.
(3) 
In addition to all the charges above provided for, the Village Board may, pursuant to the authority of § 66.0821(4), Wis. Stats., establish and impose sewer charges as authorized by said section. Any such charge shall be established and imposed by resolution of the Village Board setting forth the purpose for such charge and the amount thereof. Any such charge established by the Village may be changed from time to time by action of the Village Board, and additional charges for items authorized by said section of the statutes may be established and imposed.
B. 
All bills shall be payable at the office of the Village Clerk/Treasurer, Village Hall, 7200 North Santa Monica Boulevard, Fox Point, Wisconsin.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
In the event a user fails to certify data or in the event a user's certification is materially inaccurate or in the event there has been a substantial change in data since the date of the user's last certification, the Commission shall notify the user that the verification data determined by the Commission pursuant to Section 1701.054 of District Rules and Regulations, Article XVII, shall be used to determine the charge due for the current billing period and all future billing periods until the user submits a new certified statement.
D. 
Should inspection or verification by the Commission reveal that any statement certified by a user is materially inaccurate, the Commission shall redetermine the proper charge due and forward the new computation to the municipality in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due and interest charges shall be applied to each deficiency as provided in Subsection A above.
A. 
Unpaid user, LCR and ICR charges shall be a lien upon the property served and shall be enforced as provided in § 66.0821(4), Wis. Stats.
B. 
Any person who violates, disobeys, omits, neglects or refuses to comply with any action required pursuant to District Rules and Regulations, Article XVII, or this article shall, upon conviction, be subject to a forfeiture of not less than $10 nor more than $200 and the costs of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail or the County House of Corrections until such forfeiture and costs of prosecution are paid, such imprisonment not to exceed 60 days.
[Amended by Ord. No. 495]