[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.]
A.
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.
B.
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:
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 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."
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.
The extension from the building drain to the public sewer
or other place of disposal beginning outside the inner face of the
building wall.
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.
Wastewater which contains 200 mg/l of BOD5 and 200 mg/l of suspended solids.
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.
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 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.
The wastewater from an industrial process, trade or business,
as distinct from sanitary sewage, including cooling water and the
discharge from sewage pretreatment facilities.
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.
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.
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.
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, 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.
Any publicly owned sanitary sewer.
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.
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."
The areas presently served and anticipated to be served by
a municipal wastewater collection system.
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.
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.
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.
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.
The document so entitled, published by the United States
Office of Management and Budget, latest edition.
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.
A drain or sewer for conveying surface runoff, groundwater,
subsurface water or unpolluted water from any source.
That portion of the rainfall that is collected and drained
into storm sewers or which drains over the ground surface.
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.
The structures, equipment and processes required to collect,
carry away, store and treat domestic and industrial waste and dispose
of the effluent and sludge.
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.
A document issued by the Wisconsin State Department of Natural
Resources which establishes effluent limitations and monitoring requirements
for the municipal wastewater treatment facility.
A.
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.
B.
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.
C.
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.
D.
Maintenance of services.
(1)
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.
(2)
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
User rules.
(1)
Application for service.
(a)
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."
(b)
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.
(c)
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.[1]
(d)
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.
(2)
Payment for connection.
(a)
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.[2]
(b)
If the lateral construction cost to the Utility exceeds the
above amount, then the user will be required to pay the extra cost.
(3)
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.
(4)
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.
(5)
User use only. No user shall allow others or other services to connect
to the sewerage system through his/her lateral.
(6)
Backflow preventer. All floor drains shall have a backflow prevention
valve installed at the owner's expense.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
D.
Excavations, tapping the mains and installation of house laterals.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
E.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
Toxic pollutants.
(a)
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.
(b)
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.
(5)
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.
(6)
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.
(7)
Any substance which will cause the Village of Argyle to violate its
WPDES and/or other disposal system permits.
(8)
Any substance with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)
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.).
(10)
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.
(11)
Any unpolluted water, including, but not limited to, non-contact
cooling water.
(12)
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.
(13)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(14)
Any stormwater which causes a hazard to human life or creates
a public nuisance.
B.
Limitations on wastewater strength.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Supplementary limitations. The Village Board may impose mass limitations
on dischargers where the imposition of mass limitations is deemed
appropriate by the Village Board.
(6)
Accidental discharge.
(a)
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.
(b)
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.
(c)
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.
C.
Special rules for significant industrial users and major contributing
industries.
(1)
All significant industrial users shall report the characteristics
of their discharges by February 1 of each year for the preceding calendar
year.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by the Wisconsin
Administrative Code.
D.
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.
E.
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.
F.
Analyses.
(1)
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.
(2)
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.
G.
Submission of pretreatment information.
(1)
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.
(2)
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.
A.
CUSTOMER EQUIVALENT
(1)
(2)
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 meaning
under this section:
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.[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.
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.
All costs associated with repayment of debts incurred for
the construction and/or rehabilitation of wastewater collection system
and treatment facility.
Wastewater with concentrations of BOD5 and suspended solids no greater than 200 and 200 milligrams per
liter (mg/l), 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 a
person constituting a distinct household, business or commercial enterprise.
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:
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.
[1]
Editor's Note: Table 1, Sewer Rates, is on file in the Village's
offices.
B.
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.
C.
Basis for service charge.
(1)
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.
(2)
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.
D.
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:
(1)
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:[2]
|
A fixed equivalent customer sewer service charge per month,
plus a volume-related charge calculated, as follows:
| |||
|
V.C.
|
=
|
C.V. x V.
| |
|
Where:
| |||
|
V.C.
|
=
|
Total volumetric charge
| |
|
V.
|
=
|
Total volume of water used during billing period in units of
1,000 gallons
| |
|
C.V.
|
=
|
Volume unit price = $_____, per 1,000 gallons
| |
|
Of the total volumetric charge, $_____ is for operation and
maintenance, $_____ is for replacement costs, and $_____ is for debt
retirement costs.
| |||
(2)
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:
|
Category A charge (fixed plus volumetric), plus high strength
surcharge, calculated as follows:
| ||||
|
High Strength Surcharge = (C.B. x BOD5) + (C.S. + SS)
| ||||
|
Where:
| ||||
|
C.B.
|
=
|
BOD5 unit price = $_____ per pound
| ||
|
C.S.
|
=
|
SS unit price = $_____ per pound
| ||
|
BOD5
|
=
|
Pounds of BOD5 discharged during billing
period in excess of domestic strength wastewater
| ||
|
SS
|
=
|
Pounds of SS discharged during billing period in excess of domestic
strength wastewater
| ||
(3)
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
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 Clerk-Treasurer and the wastewater treatment plant operator.
E.
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.
F.
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.
G.
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.
H.
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.
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 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.
