[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 9, Ch. 2, of the 2005 Village Code. Amendments noted where applicable.]
This chapter regulates the use of public and private sewers and the discharge of waters and wastes into the public sewerage systems within the Village of Argyle, Wisconsin. 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.
This chapter 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 chapter 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 chapter shall supersede any previous ordinance, rules or regulations, and shall repeal all parts thereof that may be inconsistent with this chapter. If there is any conflict between this chapter and any applicable statute, the state statute shall be controlling.
The following definitions are applicable to this chapter:
- AMMONIA NITROGEN (NH3-N)
- 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.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- 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 "Standard Methods."
- BUILDING DRAIN
- 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.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal beginning outside the inner face of the building wall.
- COMPATIBLE POLLUTANTS
- Biochemical oxygen demand, suspended solids, phosphorus, ammonia, or pH, plus additional pollutants identified in the WPDES permit for the Village treatment works receiving the pollutant, if such works were designated to treat such additional pollutants to a substantial degree.
- DOMESTIC WASTEWATER
- Wastewater which contains 200 mg/l of BOD5 and 200 mg/l of suspended solids.
- FLOATABLE OIL
- Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection of treatment system.
- The residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.
- GROUND GARBAGE
- 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.
- INCOMPATIBLE POLLUTANTS or WASTEWATER
- Wastewater of such a strength that will adversely affect or disrupt the wastewater treatment processes of effluent quality or sludge quality if discharged to the sewerage system facility.
- INDUSTRIAL WASTE
- The wastewater from an industrial process, trade or business, as distinct from sanitary sewage, including cooling water and the discharge from sewage pretreatment facilities.
- MAIN, SEWER
- That portion of the underground sewage conveyance system that is connected by manholes and is capable of being cleaned by use of standard apparatus without entering into private property.
- MAJOR CONTRIBUTING INDUSTRY
- A nongovernmental user of the publicly owned wastewater facilities which has a waste discharge equivalent to or more than 5,000 gallons per average workday of domestic wastewater in terms of flow, BOD or suspended solids, which has an average work day discharge flow greater than 5% of the average daily flow received at the wastewater treatment plant, which has a toxic pollutant in toxic amounts defined by Ch. NR 215, Wis. Adm. Code, or which has a major impact on the publicly owned treatment works either singly or in combination with other wastes when so as defined in writing by the Village.
- Is permissible.
- MUNICIPAL WASTEWATER
- 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.
- NATURAL OUTLET
- Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
- PARTS PER MILLION
- 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, governmental agency, or other entity.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of the hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and hydrogen ion concentration of 10-7.
- PUBLIC SEWER
- Any publicly owned sanitary sewer.
- SANITARY SEWAGE
- A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities, together with such groundwaters, surface waters, and stormwaters as may have inadvertently entered the sewerage system.
- SANITARY SEWER
- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of groundwaters, stormwaters and surface waters that are not admitted intentionally.
- The spent water of a community. The preferred term is "municipal wastewater."
- SEWER SERVICE AREAS
- The areas presently served and anticipated to be served by a municipal wastewater collection system.
- SEWER SERVICE CHARGE
- 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.
- SEWERAGE SYSTEM
- All structures, equipment, manholes, conduits and pipes by which sewage is collected, treated and disposed of, except plumbing inside and in connection with buildings served and building sewers from buildings to street main.
- SEWER SYSTEM
- The common sanitary sewers within a sewerage system which are primarily installed to receive wastewaters directly from building sewers and which include service connection fittings designed for connection with those facilities. The facilities which convey wastewater from individual structures, from private property to the public sanitary sewer, or the equivalent, are specifically excluded from the definition of "sewerage collection system," except that pumping units and pressurized lines for individual structures or groups of structures may be included as part of a sewer system when such units are cost-effective and are owned and maintained by the sewerage system owner.
- Is mandatory.
- Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and which adversely affects the system and/or performance of the wastewater treatment works.
- SIGNIFICANT INDUSTRIAL USER
- A nongovernmental user which is required to file effluent reports for discharges made to the public sanitary sewer collection system by Ch. NR 101 Wis. Adm. Code (which includes, but is not limited to, any facility whose discharge is a volume greater than 10,000 gallons per day and contains one or more of the industrial wastes or toxic and hazardous substances defined in Ch. NR 101, Wis. Adm. Code, or whose discharge is less than 10,000 in gallons per day, but is subject to a pretreatment standard), or which has been notified in writing by the DNR that it is necessary to provide the agency with information concerning the concentration and quantity of pollutants discharged.
- Any discharge of sewage or industrial wastewater, the concentration of any constituent of which or the quantity of flow which exceeds instantaneously more than five times the average twenty-four-hour concentration of flows of the user during normal operation. For industrial users, a more stringent definition of "slug" may be established.
- STANDARD INDUSTRIAL CLASSIFICATION MANUAL
- The document so entitled, published by the United States Office of Management and Budget, latest edition.
- STANDARD METHODS
- The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Sewage, and Industrial Wastes" published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
- STORM SEWER (sometimes termed "STORM DRAIN")
- A drain or sewer for conveying surface runoff, groundwater, subsurface water or unpolluted water from any source.
- STORMWATER RUNOFF
- That portion of the rainfall that is collected and drained into storm sewers or which drains over the ground surface.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, wastewater or other liquids, and that are removable by laboratory filtering as prescribed in "Standard Methods" and referred to as nonfilterable residue.
- The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions; together with any groundwater, surface water, and stormwater that may be present but not intentionally admitted.
- WASTEWATER FACILITIES
- The structures, equipment and processes required to collect, carry away, store and treat domestic and industrial waste and dispose of the effluent and sludge.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with waste treatment.
- A natural or artificial channel for the passage of water, either continuously or intermittently.
- WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
- A document issued by the Wisconsin State Department of Natural Resources which establishes effluent limitations and monitoring requirements for the municipal wastewater treatment facility.
Authority. The management, operation and control of the sanitary sewerage system for the Village of Argyle is vested in the Village Board of said Village of Argyle. All records, minutes and all written proceedings thereof shall be kept by the Clerk of the Village of Argyle. The Clerk-Treasurer of the Village of Argyle shall keep all the financial records.
Construction. The Sewer Utility of the Village of Argyle shall have the power to construct 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 of Argyle, 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 to purchase and acquire for the Village of Argyle all real and personal property which may be necessary for construction of the sewer system or for any repair, remodeling or additions thereto.
Access. The Village Board shall have power by itself, its officers, agents and employees, to enter upon any land for the purpose of making examination or to supervise in the performance of its duties under this chapter, without liability therefor.
Maintenance of services.
The property owner shall maintain sewer service from the street main to the house and including all controls between the same, without expense to the Village, except when they are damaged as a result of negligence or carelessness on the part of 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.
All building sewers, both new and existing, shall be maintained in such condition as to prevent infiltration or inflow of unpolluted waters from the groundwater table, storm runoff, or other sources. If during an inspection of the sewer, upon plugging the building sewer at or near its point of entry into the sanitary sewer, unpolluted water should be observed by the Village's designated representative to back up into the building being served, the building sewer shall be declared defective and correction shall be ordered under the provisions of this chapter.
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgment of the Village Board 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 Board shall proceed with all necessary steps to take such real estate easement or use by condemnation in accordance with Wisconsin Statutes and, if federal funds are used, the Uniform Relocation and Real Property Acquisition Policy Act of 1970.
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 therewith said sewer system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of said Village of Argyle.
General. The rules, regulations and sewer rates of the Village of Argyle hereinafter set forth shall be considered a part of the contract with every person, company or corporation who is connected with or uses the sewerage system of the Village of Argyle, and every such person, company or corporation, by connecting with or using the sewerage system, shall be considered as expressing his or their assent to be bound thereby. Whenever any of said rules and regulations or such others as the said Village Board 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 Board and on payment of all arrears, the expenses and established charges of shutting off and putting on, and such other terms as the Village Board may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, the Village Board, 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 Board to change the said rules, regulations and sewer rates from time to time as it may deem advisable, and to make special rates and contracts in all proper cases.
Plumbers. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe-fitting work in connection with the sewerage system without first receiving a license from the State of Wisconsin.
Application for service.
Every person connecting with the sewerage system shall file an application in writing to the Village Board, in 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 use which will be allowed except upon further application and permission regularly obtained from said Village Board. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. Persons connected to the sewerage system of the Village of Argyle 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 Board may reject the application. If the Village Board shall approve the application, it shall issue a permit for services as shown on the application.
The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the applicant. A permit and inspection fee as set from time to time by resolution of the Village Board shall be paid at the time the application is filed.
No new residential sewer installation may share a common sewer service unless no alternative is available, as agreed upon between the Village and property owner. All laterals shall be connected to a main or stub main, manhole to manhole.
Payment for connection.
Prior to the issuance of the application for service, all prospective users will be required to make a payment as set by resolution of the Village Board to the Utility. Or shall have the lateral installed at their own expense.
If the lateral construction cost to the Utility exceeds the above amount, then the user will be required to pay the extra cost.
Tap permits. After sewer connections have been introduced into any building or upon any premises, no plumber shall make any alterations, extensions or attachments, unless the party ordering such tapping or other work exhibits the proper permit for the same from the Village Board of the Village of Argyle.
User to keep in repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewerage system.
User use only. No user shall allow others or other services to connect to the sewerage system through his/her lateral.
Backflow preventer. All floor drains shall have a backflow prevention valve installed at the owner's expense.
Vacating of premises and discontinuance of service. Whenever premises served by the system are to be vacated, or whenever any person desires to discontinue service from the system, said Village Board must be notified in writing. The owner of the premises shall be liable for any damages to the property of the system other than through the fault of the system or its employees, representatives or agents.
User to permit inspection. Every user shall permit the Village Board or its duly authorized agent, at all reasonable hours of the day, to enter his premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate; and he must at all times, frankly and without concealment, answer all questions asked him relative to its use, all in accordance with this chapter and § 196.171, Wis. Stats.
Mandatory hookup. The owner of each parcel of land 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 180 days of notice in writing from the Village Board. Upon failure to do so, the Village Board may cause such connection to be made and bill the property owner for such cost. If such costs are not paid within 30 days, such notice shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.; provided, however, the owner may, within 30 days after the completion of the work, file a written opinion with the Village Clerk-Treasurer stating that he/she cannot pay such amount in one sum and asking that there be levied in not to exceed five equal installments and that the amount shall be so collected with interest at the rate of 12% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45, Wis. Stats.
Penalty. In lieu of the above, the Village Board, at its option, may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, in an amount of $3,000 per month for each residential unit equivalent, payable quarterly, and upon failure to make such payment, said charge shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.
Failure to connect. This chapter ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said Village of Argyle and fails to assure preservation of public health, comfort and safety of said Village of Argyle.
Claims and shutoff of services. It is expressly stipulated that no claim shall be made against said Village Board or its representative by reason of the breaking, clogging, stoppage or freezing of any 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 or any other necessary purpose, any permit granted or regulation to the contrary not withstanding. Whenever it shall become necessary to shut off the sewer service within any district of the Village of Argyle, the Village Board shall, if practicable, give notice to each and every consumer within such affected district of the time when such service will be so shut off.
Excavations, tapping the mains and installation of house laterals.
In making excavations in streets or highways for laying service pipe or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public.
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.
In refilling the opening after the service pipes are laid, the earth must be laid in layers of not more than 12 inches in depth, and each layer compacted to ninety-five-percent standard proctor density to prevent settling. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the street at least as good as before it was disturbed, and satisfactory to the Village Board. No opening of the streets for tapping of pipes will be permitted when the ground is frozen.
No person, except those having special permission from the Village Board or persons in its service and approved by it, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from said Village Board.
Pipes should always be tapped on the top half, and not within six inches (15 cm) of the joint, or within 24 inches (60 cm) of another lateral connection. Lateral connections to existing sewers shall be made with saddles and by coring the existing sewer or by installing a cut-in wye. The wye shall be of a pipe material compatible with the existing sewer. Connections shall be made with approved couplings.
All building sewers shall be constructed in accordance with the applicable parts of Ch. SPS 382, Design Construction, Installation, Supervision and Inspection of Plumbing, Wis. Adm. Code, especially § SPS 382.30, pertaining to building sewers.
All building sewers under construction shall be inspected by a designated representative of the Village Board. The building sewers and/or private interceptor main sewers shall be inspected upon completion of placement of the pipe and before backfilling, and tested before or after backfilling. Any sewer that is backfilled prior to inspection shall be reexcavated to allow such inspection.
Old building sewers may be used to connect new buildings only when they are found, on examination and test by the Village's designated representative, to meet all requirements of this section. Whenever a property owner proposes to use any portion of an existing sewer distant more than five feet from the house or building to be served as part of any building sewer, the application for a permit shall designate the portion to be used and, before any other work in connection with the laying of said building sewer is done, a length of said old sewer sufficient to permit an inspection thereof by the Village's designated representative shall be exposed. He/she shall make inspection thereof, and if he/she finds upon inspection that such old sewer cannot be properly aligned to meet the sewer service lateral from the main to the property line, or if it is not of proper grade to make connection with such sewer service lateral, or if it is dilapidated, leaky, defective or contains any roots, he/she shall condemn such old sewer and not permit the use thereof. He/she shall then require all of the building sewer for that particular property to be laid of new material. The use of such old sewer shall not be permitted by the agency unless a proper type of fitting for connecting it to the new portion of the building sewer or the sewer service lateral is specified and shown to be practical before the work is commenced.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings for which the building drain is too low to permit gravity flow to the sanitary sewer, the sewage carried by such a building drain shall be lifted and discharged to the building sewer by facilities conforming to the requirements of Ch. SPS 382, Wis. Adm. Code.
No person shall make connections of roof downspouts, exterior foundation drains, areaway drains, basement sump pumps or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer. If such connections are found during an inspection by the Village's designated representative, correction shall be ordered under the provisions of this chapter.
Septic tank and holding tank disposal. No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or sewer manhole located within the Village of Argyle.
General discharge prohibitions. No discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater collection and disposal system or to otherwise be discharged to the wastewater facilities of the Village of Argyle:
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 Argyle wastewater facilities or wastewater treatment works.
Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system.
Any wastewater having a pH less than five or higher than 10 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system.
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, 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.
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.
Any substance which may cause the Village's effluent or treatment residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
Any substance which will cause the Village of Argyle to violate its WPDES and/or other disposal system permits.
Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
Any wastewater having a temperature which will inhibit biological activity in the Village of Argyle treatment works resulting in interference, but in no case wastewater with a temperature at the introduction into the Village's wastewater collection and treatment system which exceeds 50° C. (122° F.).
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 Village wastewater treatment facilities.
Any unpolluted water, including, but not limited to, non-contact cooling water.
Any wastewater containing any radioactive waste or isotopes of such half-life or concentration as exceed limits established by the Village Board in compliance with applicable state or federal regulations.
Any wastewater which causes a hazard to human life or creates a public nuisance.
Any stormwater which causes a hazard to human life or creates a public nuisance.
Limitations on wastewater strength.
National categorical pretreatment standards. National categorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency shall be met by all dischargers of the regulated industrial categories.
State requirements. State requirements and limitations on discharges to the Village of Argyle wastewater treatment facilities 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 or any other applicable ordinance.
Right of revision. The Village Board reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the Village's wastewater collection and treatment system where deemed necessary to comply with the objectives set forth in this chapter.
Dilution. No discharger shall increase the use of potable or process water in any way, nor 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 chapter.
Supplementary limitations. The Village Board may impose mass limitations on dischargers where the imposition of mass limitations is deemed appropriate by the Village Board.
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. 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 Board 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 chapter.
Dischargers shall notify the Village Clerk-Treasurer and wastewater treatment plant operator immediately upon the occurrence of a slug load, shock load, or accidental discharge of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any discharger who discharges prohibited materials shall be liable for any expense, loss or damage to the Village wastewater facilities or wastewater treatment works, in addition to the amount of any fines imposed by the Village on account thereof under state or federal law.
Signs shall be permanently posted in conspicuous places on a discharger's premises, advising employees who 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 emergency notification procedure.
Special rules for significant industrial users and major contributing industries.
All significant industrial users shall report the characteristics of their discharges by February 1 of each year for the preceding calendar year.
All significant industrial users shall install a single suitable sampling and flow measurement manhole in accordance with Ch. SPS 382, Wis. Adm. Code. The manhole shall be installed by the discharger at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times.
All major contributing industries shall install and maintain a special control manhole. The special control manhole shall be approved by the Village prior to installation. The special control manhole shall consist of a manhole on the discharge line with a permanently installed flow-rate-measuring device and provision for housing recording instruments and an automatic flow proportional sampler. Major contributing industries, unless specifically exempted by the Village, shall install a flow recorder and a sampler of a design approved by the Village and shall operate those instruments continuously and provide the records to the Village. If the Village Board determines it is necessary, the Village may elect to operate and maintain the control manhole and the associated equipment and to charge the industry for the costs of such operation and maintenance. The sampler shall automatically, in proportion to flow volume, collect samples of the waste. The location and access to the special control manhole shall be as provided for in Ch. SPS 382, Wis. Adm. Code.
Special control manholes may be required by the Village should the industrial wastewater contain a toxic or deleterious fluid or solid not reflected by volume, BOD5 or suspended solids.
All measurements, tests and analyses of the characteristics of fluids and solids to which reference is made in this section 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, et al. The control manhole shall be considered to be the most representative location in the sewage flow system of the premises.
The Village Board shall have the power by itself, its officers, agents and employees, to enter upon the land of any industrial user to inspect and sample from control manholes or from any other location deemed necessary to define the characteristics of the industrial discharge.
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial wastewater of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor, by the individual concern, provided the agreement is not in conflict with the intent or rates established by this section or Wisconsin Code requirements. Any special agreement must be subject to the consent of the holder of any outstanding mortgage revenue bonds.
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Wisconsin Administrative Code.
Pretreatment. When it is necessary, in the opinion of the Village Board, that a discharger should modify or eliminate wastes that are harmful to the structures, processes or operation of the sewerage system, the discharger shall provide, at his/her expense, such preliminary treatment or processing facilities as may be required to render this waste acceptable for admission to the public sewers.
Grease and/or sand interceptors. Grease, oil and sand interceptors shall be provided by dischargers where deemed desirable by the Village Trustees and shall be located as to be readily and easily accessible for cleaning and inspection. 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's authorized representative. Any removal and hauling of the collected materials not performed by the discharger's personnel must be performed by currently licensed disposal firms.
All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," promulgated by the American Public Health Association, American Water Works Association and Water Environment Federation, 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 Board.
The costs of determination of the character and concentration of the industrial waste shall be made by the person discharging it and his agent. The Village Board may elect to have an independent laboratory certified under Ch. NR 149, Wis. Adm. Code, perform analyses of industrial waste discharges.
Submission of pretreatment 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.
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 Clerk-Treasurer a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged, prior to beginning discharge.
Definitions. The following terms shall have the following meaning under this section:
- (1) Any residential, commercial, industrial or charitable aggregation of space or area occupied for a distinct purpose, such as a residence, apartment, flat, store, office, industrial plant, church, or school. Each customer equivalent shall be regarded as one consumer. Customer equivalents for various situations are shown in Table 1. Suites in houses or apartments with complete housekeeping functions (such as cooking) shall be classed as apartment houses. Each apartment in an apartment building should be a separate customer equivalent. Houses and structures having suites of one, two or more rooms with toilet facilities, but without kitchens for cooking, are classed as rooming houses. A rooming house will be a single customer equivalent.
- (2) When a consumer's premises has several buildings for which services are eligible, and such buildings are used in the same business and connected by the user, the Village Board shall set a separate rate for such complex.
- DEBT SERVICE CHARGES
- All costs associated with repayment of debts incurred for the construction and/or rehabilitation of wastewater collection system and treatment facility.
- NORMAL DOMESTIC STRENGTH WASTEWATER
- Wastewater with concentrations of BOD5 and suspended solids no greater than 200 and 200 milligrams per liter (mg/l), respectively.
- NORMAL USER
- 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 a person constituting a distinct household, business or commercial enterprise.
- OPERATION AND MAINTENANCE COSTS
- All costs associated with the operation and maintenance of the wastewater collection and treatment facilities. The costs of handling and treating clear water flows (I/I) may be distributed:
- REPLACEMENT COSTS
- 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.
- SEWER SERVICE CHARGE
- 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.
Editor's Note: Table 1, Sewer Rates, is on file in the Village's offices.
Policy. It shall be the policy of the Village of Argyle to obtain sufficient revenues to pay the costs of 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 as defined in this section. The system shall assure that each user of the sewerage system pays his proportionate share of the cost of such facilities.
Basis for service charge.
The minimum monthly billing shall be sufficient to pay the billing, administration expenses, and other fixed customer-related expenses. A separate price per unit volume or per unit wastewater constituent shall be sufficient to pay the remaining annual cost of operation and maintenance of the sewerage facilities, replacement fund, and debt service costs. The method for determining the user charges is given in the User Charge System.
The rates in this chapter shall be reviewed not less than biennially. Such review shall be performed by the Village Board. Rates shall be adjusted, as required, to reflect actual number and size of users and actual costs. Users will be notified annually of the portion of service charges attributable to operation and maintenance.
Sewer service charges. A sewer service charge is hereby imposed upon each lot, parcel of land, building, unit of service 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 and in amounts determinable as follows:
Category A is defined as normal or domestic strength wastewater having organic concentrations of five-day biochemical oxygen demand (BOD5) no greater than 200 milligrams per liter (mg/l) and suspended solids (SS) no greater than 200 milligrams per liter (mg/l). The sewer service charge for Category A wastewater is as follows:
Category B is defined as wastewater having organic concentrations of five-day biochemical oxygen demand (BOD5) greater than 200 milligrams per liter (mg/l) and/or suspended solids (SS) greater than 200 milligrams per liter (mg/l). Category B charge will be based on a concentration of 200 mg/l BOD5 and 200 mg/l SS. The equation for the monthly Category B charge is as follows:
Reassignment of sewer users. The Village Board will reassign sewer users into appropriate sewer service charge categories if wastewater sampling programs and other related information indicate a change of categories is necessary.
Payment and penalty. The sewerage service charge shall be for the corresponding period of the water bills and shall be payable to the Village Clerk-Treasurer not later than 20 days after the end of each period. A penalty of 3% per month, but not less than $0.30, shall be added to all bills not paid by the date fixed for final payment.
Charges a lien. All sewage charges shall be a lien upon the property serviced pursuant to the Wisconsin Statutes and shall be collected in the manner therein provided.
Disposition of revenue. The amounts received from the collection of charges authorized by this chapter shall be credited to a sanitary sewerage account which 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 Board, 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 40 CFR 35.929. Any surplus outside the purview of 40 CFR 35.929 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 Board 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.
The Village Board shall have conducted an independent annual audit, the purpose of which shall be to maintain the proportionality between users and user classes of the user charge system and to ensure that adequate revenues are available relative to increasing operation, maintenance and replacement costs and debt retirement. The findings and recommendations of this audit shall be published in the Village's official newspaper.
Damages. No authorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure or item of equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Written notice of violation. Any person connected to the sewerage system found to be violating a provision of this chapter shall be served by the Village Clerk-Treasurer 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.
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewerage system which causes 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 Board.
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 Clerk-Treasurer and the wastewater treatment plant operator.
Liability to the Village for losses. Any person violating any provision of this chapter shall become liable to the Village of Argyle for any expense, loss or damage occasioned by reason of such violation which the Village may suffer as a result thereof.
Damage recovery. The system shall have the right of recovery from all persons for any expense incurred by said system for the repair or replacement of any part of the sewerage system damaged in any manner by any persons by the performance of any work under their control or by any negligent acts.
Penalties. Any person who violates any provision of this chapter or who connects a service pipe or discharge without first having obtained a permit therefor, or who violates any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference, shall, upon conviction thereof, forfeit not less than $500 nor more than $1,000 and the costs of prosecution. This, however, shall not bar the Village of Argyle from enforcing the connection duties set out herein for mandatory hookup.
Continued violations. Any person, partnership or corporation or any officer, agent or employee thereof who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, forfeit not less than $1,000, together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the County Jail for a period not to exceed five days. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.
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 chapter may file with the Village Clerk-Treasurer 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 Clerk-Treasurer, upon receiving the request for reconsideration, shall publish the request in the official newspaper. The Village Board shall render a decision on the request for reconsideration to the user in writing within 15 days of receipt of request. If the ruling on the request is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the Village Board.