[Amended by Ord. No. 466]
(1)
This article regulates the use of public and private sewers and drains,
discharge of septage into the public sewerage system and the discharge
of waters and wastes into the public sewerage system within the City.
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 system and
enables the City to comply with administrative provisions and other
discharge criteria which are required or authorized by the state or
federal law. Its intent is to derive the maximum public benefit by
regulating the characteristics of wastewater discharged into the City
sewerage system.
(2)
This article provides a means for determining wastewater and septage
volumes, constituents and characteristics, the setting of charges
and fees and the issuing of permits to certain users. Revenues derived
from the application of this article shall be used to defray the costs
of operating and maintaining adequate wastewater collection and treatment
systems and to provide sufficient funds for capital outlay, debt service
costs and capital improvements. The charges and fees herein have been
established pursuant to requirements of the Wisconsin Statutes. This
article shall supersede any previous rules and regulations and shall
repeal all parts thereof that may be inconsistent with this article.
If there is any conflict between this article and any applicable statute,
the statute shall be controlling.
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows; "may" is permissible;
"shall" is mandatory:
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 the most recent edition of "Standard Methods."
The Common Council of the City of Nekoosa or its duly authorized
committee, agent or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed in milligrams
per liter. Quantitative determination of BOD shall be made in accordance
with procedures set forth in the most recent edition of "Standard
Methods."
That part of the lowest horizontal piping of a drainage system
which receives the discharge from waste and other drainage pipes inside
the wall of the building and conveys it to the building sewer, beginning
approximately five feet outside the inner face of the building wall.
The extension from the building drain to the public area,
also referred to as the "lateral." Except as specifically provided
in this article, the City shall not be responsible for the construction
and maintenance of building sewers or laterals.
Chemical elements and compounds that are typically found
in wastewater and may be regulated by this article.
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Ammonia nitrogen
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NH3
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Arsenic
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As
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Cadmium
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Cd
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Copper
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Cu
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Chromium
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Cr
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Cyanide
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CN
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Lead
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Pb
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Mercury
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Hg
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Nickel
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Ni
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Nitrogen
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N
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Phosphorus
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P
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Radium
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Ra
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Zinc
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Zn
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Any user whose premises are used primarily for the conduct
of a profit-oriented enterprise in the fields of construction, wholesale
or retail trade, finance, insurance, real estate or services, and
who discharges primarily normal domestic sewage.
Biochemical oxygen demand, suspended solids, phosphorus,
nitrogen or pH, plus additional pollutants identified in the WPDES
permit for the wastewater treatment works receiving the pollutant
if such works were designed to treat such additional pollutants to
a substantial degree.
An acquired legal right for the specific use of land owned
by others.
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 or septage shall be considered free of floatable
fat if it is properly pretreated and the wastewater does not interfere
with the collection or treatment systems.
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.
The area outside the City's sewer service area but inside
or equal to the City's planning area where a contract has been developed
for holding tank wastewater to be treated at the wastewater treatment
works.
Wastewater or septage with pollutants that will adversely
affect or disrupt the wastewater treatment processes, effluent quality
or sludge quality if discharged to the wastewater facilities.
Any user whose premises are used primarily for the conduct
of a profit-oriented enterprise in the fields of manufacturing, dairy
products processing, meat processing, other food and drink products,
painting or finishing operations, transportation, communications or
utilities, mining, agriculture, forestry or fishing.
The wastewater from an industrial process, trade or business,
as distinct from sanitary sewage, including cooling water and the
discharge from pretreatment facilities.
A person or business holding a valid license to do septage
servicing under Ch. NR 113, Wis. Adm. Code.
A weight-to-weight ratio; the milligrams per liter value
(mg/l) multiplied by the factor 8.34 shall be equivalent to pounds
per million gallons of water.
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 sewer system.
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
Sanitary sewage resulting from the range of normal domestic
activities in which BOD, SS and total kjeldahl nitrogen concentrations
meet the following:
[Amended by Ord. No. 469; Ord. No. 470]
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; equivalent to milligrams per liter (mg/l).
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, government agency or other entity.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen ion concentration of 10-7.
An arrangement of devices and structures for the preliminary
treatment or processing of wastewater required to render such wastes
acceptable for admission to the public sewers.
Any sewer outside of a public right-of-way or public easement.
Except as provided in this article, a private sewer shall not be subject
to the jurisdiction of the City, and the City shall not be responsible
for the construction and/or maintenance of such sewer.
Any sewer provided by or subject to the jurisdiction of the
City. It shall also include sewers within or outside the corporate
boundaries that serve more than one person and ultimately discharge
into the City sanitary sewer system, even though those sewers may
not have been constructed with City funds. Public sewers shall not
include private sewers or building sewers.
A combination of water-carried wastes from residences, business
buildings, institutions and industrial plants (other than industrial
wastes from such plants), together with such groundwater, surface
water and stormwater as may be present.
A combination of liquid- and water-carried wastes from residences,
commercial buildings, industrial plants and institutions, together
with small quantities of groundwater, stormwater and surface water
that are not admitted intentionally.
The wastewater or contents of septic or holding tanks, dosing
chambers, seepage beds, seepage pits, seepage trenches, privies or
portable rest rooms.
The spent water of a community. The preferred term is "municipal
wastewater."
All structures, conduits and pipes by which sewage is collected,
treated and disposed of, except plumbing inside and in connection
with buildings served and service pipes from building to street main.
The areas presently served and anticipated to be served by
a municipal wastewater collection system. The sewer service area is
delineated in the most recently approved facility plan.
A service charge levied on users of the wastewater collection
and treatment facilities for payment of capital expenses as well as
the operation, maintenance costs and replacement of said facilities.
The common sanitary sewers within a sewerage system which
are primarily installed to receive wastewaters directly from facilities
which convey wastewater from individual structures or from private
property and which include service connection "Y" fittings designed
for connection with those facilities. The facilities which convey
wastewater from individual structures, from private property to the
public sanitary sewer, or its equivalent, are specifically excluded
from the definition of "sewer 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 City.
Any substance released at a discharge rate and/or concentration
which causes interference to wastewater treatment processes or plugging
or surcharging of the sewer system.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water
and Wastewater," published jointly by the American Public Health Association,
the American Water Works Association and the Water Environment Federation.[2]
A drain or sewer for conveying surface water, groundwater,
subsurface water or unpolluted water from any source.
That portion of the rainfall that is collected and drained
into the storm sewers.
Solids that either float on the surface of or are in suspension
in water, wastewater, septage or other liquids and that are removable
by laboratory filtering as prescribed in "Standard Methods" and are
referred to as "nonfilterable residue."
A discharge containing a substance or mixture of substances
which, through sufficient exposure or ingestion, inhalation or assimilation
by an organism, either directly from the environment or indirectly
by ingestion through the food chain, will, on the basis of information
available to the City, cause death, disease, behavioral or immunological
abnormalities, cancer, genetic mutations or developmental or physiological
malfunctions, including malfunctions in reproduction or physical deformations,
in such organisms or their offspring.
Categories of users having similar flows and water characteristics;
that is, levels of biochemical oxygen demand, suspended solids, nitrogen,
etc. For the purposes of this article, the four user classes shall
be residential, commercial, industrial and public authority.
The structures, equipment and processes required to collect,
carry away, store and treat domestic and industrial waste and septage
and dispose of the effluent and sludge.[3]
An arrangement of devices and structures for treating wastewater,
septage, industrial waste and sludge; sometimes used as synonymous
with sewage treatment facility.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
Wisconsin Pollutant Discharge Elimination System permit issued
per Ch. NR 210, Wis. Adm. Code.
(1)
Authority. The management, operation and control of the wastewater
facilities of the City are vested in the Council; all records, minutes
and all written proceedings thereof shall be kept by the City Clerk;
and the Clerk shall keep all the financial records.
(2)
Construction. The Council 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 City and,
generally, to do all such work as may be found necessary or convenient
in the management of the wastewater facilities. The Council shall
have power, by itself, its officers, agents and representatives, to
enter upon any land for the purpose of making examination in the performance
of its duties under this article without liability therefor, and the
Council shall have power to purchase and acquire for the City any
real and personal property which may be necessary for construction
of the wastewater facilities or for any repair, remodeling or additions
thereto.
(3)
Maintenance of services. The property owner shall maintain the building
sewer from the street main to the house and including all controls
between the same without expense to the City, except when they are
damaged as a result of negligence or carelessness on the part of the
City. All building sewers must be maintained free of defective conditions
by and at the expense of the owner or occupant of the property. When
any is to be relaid and there are two or more buildings on such service,
each building shall be disconnected from such sewer, and a new building
sewer shall be installed for each building.
(4)
Condemnation of real estate. Whenever any real estate or any easement
therein, or use thereof, shall, in the judgment of the Council, be
necessary to the wastewater facilities and whenever, for any cause,
an agreement for the purchase thereof cannot be made with the owner
thereof, the Council shall proceed with all necessary steps to take
such real estate, easement or use by condemnation in accordance with
the Wisconsin Statutes and the Uniform Relocation and Real Property
Acquisition Policy Act of 1970 if federal funds are used for the project
associated with the real estate or easement.
(5)
Title to real estate and personalty. All property, real, personal
and mixed, acquired for the construction of the wastewater facilities
and all diagrams, papers, books and records connected with said wastewater
facilities and all buildings, machinery and fixtures pertaining thereto
shall be the property of the City.
(1)
General. The rules, regulations and sewer rates of the City hereinafter
set forth shall be considered a part of the contract with every person,
company or corporation who is connected to or uses the sewer system
or wastewater treatment works, and every such person, company or corporation,
by connecting with the sewer system or wastewater treatment works,
shall be considered as expressing their assent to be bound thereby.
Whenever any of said rules and regulations or such others as the Council
may hereinafter 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 Council and
on payment of all arrears, the expenses and charges of shutting off
and putting on and such other terms as the Council may determine and
a satisfactory understanding with the party that no further cause
for complaint shall arise. In case of such violation, the Council,
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 Council
to change these said rules, regulations and sewer rates from time
to time as they may deem advisable and make special rates and contracts
in all proper cases.
(2)
Plumbers. No plumber, pipe fitter or other person shall be permitted
to do any plumbing or pipe-fitting work in connection with the sewer
system without first receiving a license from the state and obtaining
permission from the Council. All service connections to the sewer
main shall comply with the State Plumbing Code.
(3)
Private systems.[1]
(a)
Septic tanks prohibited. The maintenance and use of septic tanks,
holding tanks and other private sewage disposal systems within the
area of the City serviced by its sewer system may be permitted by
the Council. From June 30, 1994, permission for the use of septic
tanks, holding tanks or any other private sewage disposal system within
the area of the City shall be obtained by permit from the Wood County
Planning and Zoning Office.
(b)
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 90 days of notice in writing from the
Council. Upon failure to do so, the Council may cause such connection
to be made and bill the property owner for such costs. If such costs
are not paid within 30 days, such costs shall be assessed as a special
tax lien against the property; however, the owner may, within 30 days
after the completion of the work, file a written option with the Council
stating that he cannot pay such amount in one sum and asking that
it be levied in not to exceed five equal installments, and the amount
shall be so collected with interest at the current municipal rate
per annum from the completion of the work, the unpaid balance being
a special tax lien, all pursuant to § 281.45, Wis. Stats.
In lieu of the above, the City, 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,
of a forfeiture in the amount of not less than $10 nor more than $200
per day. 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. This article ordains that the failure to connect to the
sewer system is contrary to the minimum health standards of the City
and fails to assure preservation of public health, comfort and safety
of the City.
(4)
Applications for service.
(a)
Application for sewer service. Every person desiring to connect
to the sewer system shall file an application in writing to the City
Clerk on such form as is prescribed for that purpose. Such application
forms shall be furnished at the office of the City Clerk. The application
shall state fully and truthfully all the wastes which will be discharged.
If the applicant is not the owner of the premises, the written consent
of the owner shall accompany the application. Persons connected to
the sewer system of the City are referred to herein as "users." If
it appears that the service applied for will not provide adequate
service for the contemplated use, the Council may reject the application.
If the City Clerk approves the application, he shall issue a permit
for services as shown on the application upon payment of the connection
charge.
(b)
Application for septage disposal.
1.
Between August 1 and September 1 of each year, each licensed
disposer wishing to discharge septage to the City wastewater treatment
works shall file a nonrefundable filing fee and an application in
writing to the City Clerk on such form as is prescribed for that purpose.
During the months of July and August, forms for such application shall
be furnished at the office of the Clerk. The application must state
fully and truly the type, frequency, quantity, quality and location
of generated septage to be disposed in the wastewater treatment works.
2.
During the month of September, the Council shall evaluate the
applications and make a determination as to the amount and conditions
of septage disposal. The Council shall approve or reject all applications
by October 1 of each year. If the City cannot accept all the proposed
septage disposal, then consideration shall be given first to those
generators of septage that are within the sewer service or holding
tank service areas. [See § NR 205.07(2)(e), Wis. Adm. Code.]
3.
The person or party disposing waste shall furnish a bond to
the City in the amount of $1,000 to guarantee performance. Said performance
bond shall be delivered to the City Clerk prior to the issuance of
the permit hereunder. Any person or party disposing of septage agrees
to carry public liability insurance in an amount not less than $100,000
to protect any and all persons or property from injury and/or damage
caused in any way or manner by any act or failure to act by any of
his employees. The person shall furnish a certificate certifying such
insurance to be in full force and effect.
4.
All Council approvals for septage disposal shall have the condition
that any time the sewerage system has operational problems, maintenance
problems or threat of WPDES permit violations that are indirectly
or directly related to septage disposal, the City may immediately
restrict septage disposal until such time as corrective action or
mitigative measures have been taken.
(5)
Connection charge. Persons attaching to a public sewer main shall
pay a connection charge of $250 and shall have the building sewer
from the sewer main installed at their own expense.
(6)
Use of sewers.
(a)
User to keep in repair. All users shall keep their own building
sewers in good repair and protected from frost at their own risk and
expense and shall prevent any unnecessary overburdening of the sewer
system.
(b)
Backflow preventor. In areas where sewer main surcharging is
known to occur, all floor drains shall have a backflow prevention
valve installed at the owner's expense.
(c)
User use only. No user shall allow other persons or other services
to connect to the sewer system through their building sewer.
(d)
Vacating sewer or premises and discontinuance. Whenever premises
served by the system are to be vacated or whenever any person desires
to discontinue service from the system, the City Clerk must be notified
in writing.
(e)
User to permit inspection. Every user shall permit the City
or its duly authorized agent, at all reasonable hours of the day,
to enter their premises or building to examine the pipes and fixtures
and the manner in which the drains and sewer connections operate,
and they must at all times, frankly and without concealment, answer
all questions put to them relative to its use, all in accordance with
this article and § 196.171, Wis. Stats.
(7)
Utility responsibility. It is expressly stipulated that no claim
shall be made against the City or acting 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 regulations to the contrary notwithstanding. Whenever it shall
become necessary to shut off the sewer within any district of the
City, the City Clerk shall, if practicable, give notice to each and
every consumer within the affected area of the time when such service
will be shut off.
(8)
Building sewer construction.
(a)
Excavations. In making excavations in streets or highways for
laying building sewers or making repairs, the paving and the earth
removed shall be deposited in a manner that will result in 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 shall be maintained at such
excavations. In refilling the opening, after the pipes are laid, the
earth shall be laid in layers of not more than nine inches in depth
and each layer thoroughly compacted to prevent settling. This work,
together with the replacing of sidewalks, base course and paving,
shall be done to make the street as good, at least, as before it was
disturbed and satisfactory to the City. No opening of the streets
for tapping the pipes will be permitted when the ground is frozen.
(b)
Tapping the mains. No persons, except those having special permission
from the City or persons in their service and approved by them, will
be permitted, under any circumstances, to tap the public sewer or
collection pipes. The kind and size of the connection with the pipe
shall be that specified in the permits from the City to ensure that
new sewers and connections to the sewer system are properly designed
and constructed. Pipes should always be tapped on top and not within
six inches (15 cm) of the joint or within 24 inches (60 cm) of another
lateral connection. All service connections to mains must comply with
the State Plumbing Code. Lateral connections to existing sewers shall
be made into saddles and by coring the existing sewer or by inserting
(cutting in) a wye or tee into the existing sewer. The wye or tee
shall be of the same pipe material as the existing sewer. The lateral/tee
connection shall be made with approved adaptors or couplings.
(c)
Installation of building sewers (house laterals). All building
sewer pipes (laterals) on private property shall be installed in accordance
with Ch. SPS 382, Design, Construction, Installation, Supervision
and Inspection of Plumbing, of the Wisconsin Administrative Code.[2]
(d)
Clear water connection prohibited. No person shall make connections
of roof downspouts, foundation drains, yard drains or other sources
of surface runoff or groundwater to a building sewer or building drain
which is connected directly or indirectly to the public sewer. Any
existing connections of surface runoff or groundwater shall be disconnected
within 60 days of written notice from the City.
(e)
Inspection of connection. The applicant for connection shall
notify the City Clerk when the building sewer is ready for inspection
and connection to the public sewer. The actual connection shall be
made under the supervision of the City.
(9)
Extensions of sewer mains. The City shall extend sewer mains to a
new person in accordance with the following charges and the following
conditions:
(a)
Application. When an extension of a sewer main is required by
the prospective user, said person shall make an application for such
an extension in writing to the Council by filing of a written application.
After the filing of such an application, the Council shall first determine
the logical location of the next manhole or manholes. Next, the Council
shall determine the length and location of the extension, taking into
consideration the prospective demands for service, the capacity of
downstream facilities and the orderly development of the particular
area. No extension shall be made for a distance less than to the next
manhole. All sewer extensions shall be constructed in compliance with
local and state laws, ordinances and regulations.
(b)
Payment by users. The person who requests the extension shall
pay the entire cost of said extension, including the manhole or manholes
that are part of the extension. If more than one user is involved,
the entire cost shall be divided among these users in the proportion
determined by the Council.
(c)
Method of dividing cost. After making the decision as to the
length and location of the extension and prior to the time of making
the charge to the person, the Council shall determine the benefits
to be received by any parcel that can be served by said extension.
Before making a determination as to benefits received, the Council
shall first divide the area to be served into logical building lots.
The Council may consider the recommendations of the landowner in determining
said building lots if the landowner, as part of his application, accompanies
said application with a proposed division of said land into lots for
sale or use. In determining the amount to be paid by the original
user, if more than one user is involved, the division of the charge
shall be made by considering each building lot as a separate user.
Payments are to be considered contributions to construction.
(d)
Future users. After the original contribution, for any future
connection by reason other than to a lot owned by a party making a
previous contribution, such user may be required to pay to the Council
their pro rata share of the lot or lots owned by the new attaching
user in the entire extension cost as if said user had been one of
the original contributors. No refund shall be made to the original
contributors. In addition to the charge made as above provided to
each lot, each user shall pay the connection charge and the full cost
of the building sewer from the main to their building.
(10)
Septage discharge.
(a)
Discharge location.
1.
Septage shall only be discharged to the City's sewerage system
by City-approved and state-licensed disposers and at locations, times
and conditions as specified by the Council.
2.
Septage discharges to the receiving facility at the wastewater
treatment works shall be limited to the posted normal working hours
of the facility. Documentation of the discharge shall be submitted
to the City Clerk within one working day of the discharge.
3.
Septage discharges to specified manholes may, under special
circumstances, be allowed, provided discharge rates are restricted
as necessary to facilitate mixing, prevent a backup in the receiving
sewer and prevent a slug load to the wastewater treatment facility.
Discharges shall be limited to the normal working hours of the City
and be approved in advance of each such discharge.
(b)
Documentation for discharge. The forms prescribed for the purpose
of documentation of the discharge shall be furnished at the City Clerk's
office and shall include the following information:
1.
Name, address and telephone number of the hauler.
2.
License number.
3.
Type of septage.
4.
Quantity of septage.
5.
Estimated quality of septage.
6.
Location, date, time and feed rate of discharge.
7.
Source of septage.
8.
Name and address of septage generator.
9.
Other information as required by the City.
(11)
Additional authority. The Council may, at any time, establish specific
connection and lateral charges for any main not covered by other provisions
in this article or when the Council has made an extension and the
Council has failed to provide lateral or connection charges. It is
further provided that the Council may amend or alter any connection
or lateral charge after its establishment under the terms of this
article.
(1)
General discharge prohibitions. No person shall contribute or cause
to be discharged, directly or indirectly, any of the following described
substances into the wastewater facilities of the City:
(a)
Any liquids, solids or gases which, by reason of their nature
or quantity, are or may be sufficient, either alone or by interaction,
to cause fire or explosion or be injurious in any other way to the
operation of the wastewater facilities or wastewater treatment works.
(b)
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.
(c)
Any wastewater having a pH less than 5.0 or higher than 9.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment or personnel of the system, unless
the system is specifically designed to accommodate such wastewater.
(d)
Any wastewater containing arsenic, cadmium, copper, chromium,
cyanide, lead, mercury, nickel, zinc or other 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 special
agreements or state or federal categorical pretreatment standards.
(e)
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction, are capable of creating a public nuisance
or hazard to life or are sufficient to prevent entry into the sewers
for their maintenance and repair.
(f)
Any substance which may cause the wastewater treatment works
effluent, treatment residues, sludges or scums to be unsuitable for
reclamation and reuse or to interfere with the reclamation process.
(g)
Any substance which will cause violations of the WPDES and/or
other disposal system permits.
(h)
Any substance with objectionable color not removed in the treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions.
(i)
Any wastewater having a temperature which will inhibit biological
activity in the wastewater treatment works resulting in interference,
but, in no case, wastewater with a temperature at the introduction
into the public sewer which exceeds 120° F., unless the wastewater
facilities are designed to accommodate such temperature.
(j)
Any slug load, which shall mean any pollutant, including oxygen-demanding
pollutants (BOD), released in a single extraordinary discharge episode
of such volume or strength as to cause interference to the wastewater
treatment works.
(k)
Any unpolluted water, including, but not limited to, noncontact
cooling water.
(l)
Any wastewaters which may be acutely or chronically toxic to
aquatic life or wild and domestic animals.
(m)
Any wastewater containing any radioactive wastes or isotopes
of such half life or concentration as to exceed limits established
by the City in compliance with applicable state or federal regulations.
(n)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(o)
Any stormwater, surface water, groundwater, roof runoff or surface
drainage or any other connections from inflow sources to the public
sewer. Such waters may be discharged to a storm sewer or other waterway
with permission of the Council.
(2)
Limitations on wastewater strength.
(a)
National categorical pretreatment standards shall, as promulgated
by the United States Environmental Protection Agency, be met by all
dischargers of the regulated industrial categories.
(b)
State requirements and limitations on all facilities shall be
met by all dischargers which are subject to such standards in any
instance in which they are more stringent than other applicable requirements.
(c)
The Council reserves the right to amend this article to provide
for more stringent limitations or requirements on discharges to the
wastewater facilities where deemed necessary to comply with the objectives
set forth in this article.
(d)
Dilution. No user 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
article unless approved in writing by the City.
(e)
Supplementary limitations. No user shall discharge wastewater
containing concentrations of the following enumerated materials exceeding
the following values unless prior approval is granted by the Council:
|
Material
|
Concentration
(mg/l)
| |
|---|---|---|
|
Biochemical oxygen demand
|
350
| |
|
Suspended solids
|
350
| |
|
Fats, oil and grease (FOG)
|
100
|
(f)
The Council may also impose mass limitations on users which
are using dilution to meet the pretreatment standards or requirements
of this article or in other cases where the imposition of mass limitations
is deemed appropriate by the Council.
(3)
Accidental discharges. Each user shall provide protection from accidental
discharge of prohibited or regulated materials or substances established
by this article. Where necessary, facilities to prevent additional
discharge of prohibited materials shall be provided and maintained
at the user's cost and expense. Detailed plans showing facilities
and operating procedures shall be submitted to the City for review
and shall be approved by the City before construction of the facility.
Review and approval of such plans and operating procedures by the
City shall not relieve the user from the responsibility to modify
its facility as necessary to meet the requirements of this article.
Dischargers shall notify the City immediately upon the occurrence
of a "slug load" or accidental discharge of substances prohibited
by this article. The notification shall include location of discharge
and date and time thereof, type of waste, concentration and volume,
and corrective actions. Any user who discharges a slug load or prohibited
materials shall be liable for any expense, loss or damage to the City's
wastewater facilities or wastewater treatment works in addition to
the amount of any forfeitures imposed on the City on account thereof
under state or federal law. Signs shall be permanently posted in conspicuous
places on the industrial user's premises, advising employees whom
to call in the event of a slug or accidental discharge. Employers
shall instruct all employees who may cause or discover such a discharge
with respect to emergency notification procedures.
(4)
Special agreements. No statement contained in this section shall
be construed as prohibiting any special agreement between the City
and any person whereby an industrial waste of unusual strength or
character may be admitted to the wastewater treatment works, either
before or after pretreatment, provided that there is no impairment
of the functioning of the wastewater treatment works by reason of
the admission of such wastes and no extra costs are incurred by the
City without recompense by the person, provided that all rates and
provisions set forth are complied with.
(1)
DEBT SERVICE CHARGES
NORMAL DOMESTIC-STRENGTH WASTEWATER
NORMAL USER
OPERATION AND MAINTENANCE (O&M) COSTS
REPLACEMENT COSTS (R)
SEWER SERVICE CHARGE
Additional definitions. The terms used herein shall have the following
meanings under this article:
Includes all costs associated with repayment of debts incurred
for the construction and/or rehabilitation of wastewater collection
system and treatment facilities.
Wastewater with concentrations of BOD5 no greater than 250 milligrams per liter (mg/l) and suspended solids
no greater than 250 milligrams per liter (mg/l) and phosphorus no
greater than 6.0 mg/l, respectively.
[Amended by Ord. No. 469; Ord. No. 470]
A user whose contributions to the sewerage system consist
only of normal domestic-strength wastewater originating from a house,
apartment or other living quarters occupied by a person or persons
constituting a distinct household, business or commercial enterprise.
All costs associated with the operation and maintenance of
the wastewater collection and treatment facilities. These costs, including
costs associated with clear water flows (I/I), shall be divided proportionately
among the various sewer users.
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 only for replacement
of equipment designated by the fund.
A service charge levied on users of the sewer system for
payment of capital expenses, including debt service charges, as well
as the operation and maintenance costs, including replacement of said
facilities.
(2)
Policy. It shall be the policy of the City to obtain sufficient revenues
to pay the costs for debt service and the operation and maintenance
of the wastewater facilities, including a replacement fund, through
a system of sewer service charges as defined in this section. The
system shall assure that each user of the wastewater facilities pays
their proportionate share of the cost of such facilities.
(3)
Basis for sewer service charge. Sewer service charges shall be established
so that revenues collected cover the wastewater utility costs, including
capital expenditures, debt service costs, operation and maintenance
costs and replacement costs, except that ad valorem taxes may be used
to cover any portion of the capital expenditures or debt service costs.
Ad valorem taxes may not be used for operation, maintenance and replacement
costs. The sewer service charge shall be based on two parts: the equivalent
meter charge and the sewer use (volume) charge. The equivalent meter
charge shall be a minimum charge based on water meter size and shall
be sufficient to pay capital expenditures and debt service costs.
The sewer use (volume) charge shall be sufficient to pay the cost
of portions of the debt service, if deemed appropriate, and operation,
maintenance, and replacement costs. The rates in this article shall
be reviewed not less than biennially. Such review shall be performed
at the direction of, and as approved by, the Council. Rates shall
be adjusted as required to reflect the actual number of users, meter
sizes, volume of use, and actual wastewater utility costs.
[Amended 2-14-2012 by Ord. No. 561]
(4)
Equivalent meter charge.
[Amended by Ord. No. 469; Ord. No. 470; 2-14-2012 by Ord. No. 561]
(a)
An equivalent meter charge (EMC) is hereby imposed upon each
lot, parcel of land, building or premises served by the sewerage system
or otherwise discharging wastewater from domestic, commercial, industrial
and public sources and shall be based on the size of the water meter
serving the customer. Such charge shall be payable as herein provided
and shall be on the basis of the following table:
|
Water Meter Size
(inches)
|
Equivalent Meters
| |
|---|---|---|
|
5/8 or 3/4
|
1
| |
|
1
|
2.5
| |
|
1.5
|
5
| |
|
2
|
8
| |
|
2.5
|
12.5
| |
|
3
|
15
| |
|
4
|
25
|
(b)
If any person discharging sewage into the public sewer system
procures any part or all of his water from sources other than the
City Water Utility, the person shall furnish, install and maintain,
at his expense and to the satisfaction of the City, water meters of
a type approved by the Water Utility for the purpose of determining
the volume of sewage discharged to the sewerage system.[1]
(c)
In the event that multifamily buildings are served by a single
residential size (three-fourths-inch meter or smaller), the equivalent
meter charge shall be computed based upon the number of residential
equivalent units present.
(5)
Sewer use (volume) charge.
[Amended by Ord. No. 469; Ord. No. 470; 2-14-2012 by Ord. No. 561]
(a)
A sewer use charge is hereby imposed on all users of the sewerage
system based on the metered volume of water used thereon and therein,
as calculated by the City. The City shall determine, from time to
time, user charge rates based on the City's annual operations and
maintenance expense, the annual administrative budget, the quantity
and quality of wastewater received at the City's wastewater treatment
plant, the total number of equivalent meters in service in the City
and the total number of actual users as determined by the City. Such
rates shall reflect the unit costs for administration and for transporting
and treating the quantity and quality of wastewater discharged to
the City's wastewater facilities. Such rates shall be available upon
request and shall be posted to the City's website.
[Amended 1-10-2023 by Ord. No. 621]
(b)
Where it is not possible to obtain a water meter reading, the
customer will be assigned an average water volume by the City based
on previous meter readings or other means. Any difference between
estimated use and actual use shall be adjusted when a meter reading
is available.
(c)
Upon approval of the Council, any refrigeration, air-conditioning/humidification
system or industrial cooling water furnished by the City Water Utility
but not entering the sewerage system shall not be used in computing
the sewer use charge, provided that a separate meter is installed
to measure such water use. The user of such system shall be responsible
for furnishing, installing and maintaining the necessary meter, to
the satisfaction of the City Water Utility.[2]
[2]
Editor's Note: Former Subsection (c), regarding sewer use
charge, was repealed 1-10-2023 by Ord. No. 621. Said ordinance also redesignated
former Subsection (d) as Subsection (c).
(6)
Additional charges. Additional charges shall be billed to the user
to which they apply and shall include the following:
[Added 2-14-2012 by Ord. No. 561]
(a)
Actual costs incurred for monitoring or sampling performed by
the City or agents of the City for the purpose of determining compliance
with this article.
(b)
Actual costs incurred for monitoring and sampling or other services
performed by the City or agents of the City relative to any pretreatment
facility.
(c)
Any increased costs due to a user's discharge of toxic or other
incompatible pollutants.
(d)
Actual costs for handling a user's check returned for insufficient
funds.
(e)
Actual costs incurred for special handling not provided for
elsewhere.
(7)
High-strength waste charge.
[Added 2-14-2012 by Ord. No. 561]
(a)
All dischargers of wastewater containing concentrations of biochemical
oxygen demand (BOD), suspended solids (SS), total kjeldahl nitrogen
(TKN), or phosphorus (P) greater than the concentration contained
in normal domestic-strength wastewater shall be charged a high-strength
waste charge. The high-strength waste charge shall be calculated as
follows:
|
High-strength waste charge = (A) + (B) + (C) + (D)
| ||||
|
Where:
| ||||
|
(A)
|
=
|
BOD loading (pounds) in excess of domestic strength x $________
per pound BOD
| ||
|
(B)
|
=
|
SS loading (pounds) in excess of domestic strength x $________
per pound SS
| ||
|
(C)
|
=
|
TKN loading (pounds) in excess of domestic strength x $________
per pound TKN
| ||
|
(D)
|
=
|
P loading (pounds) in excess of domestic strength x $________
per pound P
| ||
(b)
The loading in excess of domestic strength (pounds) shall be
calculated as the difference between the measured concentration of
each parameter and the concentration of that parameter in domestic-strength
wastewater (in milligrams per liter or parts per million), multiplied
by the volume of flow (in gallons), multiplied by 0.00834, and divided
by 1,000. For example, the discharge of 10,000 gallons of wastewater
containing a BOD of 600 ppm would have the following BOD loading in
excess of domestic strength: (600 - 250) x 10,000 x 0.00834/1,000
= 29.19 pounds. For this, the high-strength waste charge for BOD (A)
would be 29.19 pounds x $________ = $________.
(8)
Septage and holding tank waste charges.
[Added 2-14-2012 by Ord. No. 561]
(1)
Discharge conditions. If any wastewaters or septage is discharged or proposed to be discharged to the wastewater facilities which contains substances or possesses the characteristics enumerated in § 13.20 of this article and which, in the judgment of the Council, may be detrimental to the wastewater facilities, the Council may:
(a)
Reject the wastes; or
(b)
Require pretreatment to an acceptable condition for discharge
to the sewer system; or
(c)
Require control over the quantities and rates of discharge;
or
(d)
Require payment to cover the added cost of handling and treating the wastewater not covered by existing sewer charges under the provisions of § 13.19(9)(c) of this article.
(2)
Septage discharges. Septage discharged to the wastewater facilities
shall be of domestic origin only, and septic tank wastes shall be
segregated from holding tank wastes.
(3)
Control manholes.
(a)
Each person discharging industrial wastes into a public sewer
shall construct and maintain one or more control manholes or access
points to facilitate observation, measurement and sampling of their
waste, excluding domestic sewage when feasible.
(b)
Control manholes or access facilities shall be located and built
in a manner acceptable to the Council. If measuring devices are to
be permanently installed, they shall be of a type acceptable to the
Council.
(c)
Control manholes, access facilities and related equipment shall
be installed by the person discharging the industrial waste, at his
expense, and shall be maintained by the person discharging the waste
so as to be in safe condition, accessible and in proper operating
condition at all times. Plans for installation of the control manholes
or access facilities and related equipment shall be approved by the
Council prior to the beginning of construction.
(4)
Measurement of flow. The volume of flow used for computing the sewer
use charge for nonseptage disposal shall be based upon the water consumption
of the person as shown in the records of meter readings maintained
by the City Water Utility, unless approved wastewater flow meters
are provided.
(5)
Provision for deductions. In the event that a person discharging
industrial waste into the public sewers produces evidence satisfactory
to the Council that more than 10% of the total annual volume of water
used for all purposes does not reach the public sewer, then the determination
of the water consumption to be used in computing the wastewater volume
discharged into the public sewer may be made a matter of agreement
between the City and the industrial wastewater discharger.
(6)
Metering of wastewater. Devices for measuring the volume of wastewater
discharged may be required by the Council if this volume cannot otherwise
be determined from the metered water consumption records. Metering
devices for determining the volume of wastewater shall be installed,
owned and maintained by the person discharging the wastewater. Following
approval and installation, such meters may not be removed without
the consent of the Council.
(7)
Wastewater sampling.
(a)
Industrial wastes and septage discharged into the public sewers
shall be subject to periodic inspection and a determination of character
and concentration of said waste as specified by the City.
(b)
Samples shall be collected in such a manner as to be representative
of the composition of the wastes. The sampling may be accomplished
either manually or by the use of mechanical equipment acceptable to
the City.
(c)
Laboratory analyses shall be the responsibility of the person
discharging the wastewater or septage and shall be subject to the
approval of the Council or its duly authorized representatives. Every
care shall be exercised in the collection of samples to ensure their
preservation in a state comparable to that at the time the sample
was taken. All analyses shall be performed by a Wisconsin registered
or certified laboratory.
(8)
Pretreatment. When required, in the opinion of the Council, to modify
or eliminate wastes that are harmful to the structures, processes
or operation of the wastewater facilities, the discharger shall provide,
at its expense, such preliminary treatment or processing facilities
as may be required to render this waste acceptable for admission to
the public sewers.
(9)
Grease and/or sand interceptors. When required, in the opinion of
the Council, grease, oil and sand interceptors shall be provided by
the discharger 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 City. Any removal and hauling of the collected materials not performed
by the discharger's personnel must be performed by currently licensed
disposal firms.
(10)
Analyses.
(a)
All measurements, tests and analyses of the characteristics
of water, waste and septage to which reference is made in this article
shall be determined in accordance with the latest edition of "Standard
Methods." Sampling methods, locations, times, durations and frequencies
are to be determined on an individual basis, subject to approval by
the Director of Public Works.[1]
(b)
Determination of the character and concentration of the industrial
wastewater shall be made by the person discharging it or his agent,
as designated and required by the Council. The City may also make
its own analyses of the wastes, and these determinations shall be
used as a basis for charges. If the person discharging the waste contests
the determination, the City may elect to have an independent laboratory
determine the character and concentration of the waste. Said independent
laboratory shall be certified under Ch. NR 149, Wis. Adm. Code, and
be acceptable to both the City and the person discharging the waste.
All costs incurred by the independent laboratory in making the determination
shall be assumed by the discharger.
(11)
Submission of information. Plans, specifications and any other pertinent
information relating to proposed flow equalization, pretreatment,
or wastewater processing facilities shall be submitted for review
to the Director of Public Works prior to the start of their construction
if the effluent from such facilities is to be discharged into the
public sewers.[2]
(12)
Submission of basic data. Within three months after adoption of this article, each person who discharges industrial wastes to a public sewer shall prepare and file with the City a report that shall include pertinent data relating to the quantity and characteristics of the waste discharged to the sewerage system. The City shall be notified 60 days in advance of any plans that change the discharge by more than 15% of flow or strength. Such a request shall be evaluated as provided in Subsection (7)(a) above. Similarly, each person desiring to make a new connection to a public sewer for the purpose of discharging industrial wastes shall prepare and file with the City a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.
(1)
Payment and penalty. The sewer service charge shall be for the corresponding
period of the water bills and shall be payable to the City Clerk not
later than 20 days after the end of each period. A penalty of 1 1/2%
per month shall be added to all bills not paid by the date fixed for
final payment.
(2)
Charges a lien. All sewage charges shall be a lien upon the property
serviced pursuant to § 66.0821(4), Wis. Stats., and shall
be collected in the manner therein provided.
(3)
Disposition of revenue. The amounts received from the collection
of charges authorized by this article shall be credited to a wastewater
facilities account, which shall show all receipts and expenditures
of the wastewater facilities. 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 Council, the credits to the account shall be available for
the payment of costs of wastewater facilities consistent with Ch.
NR 162, Wis. Adm. Code. All present outstanding sewer system general
obligation bonds, including refunding bonds, shall be paid from this
fund as to both principal and interest.
(4)
Additional charges. Additional charges shall be imposed upon each
lot, parcel of land, building or premises served by public sewer and
wastewater facilities located outside the boundaries of the City to
equalize local capital costs.
(5)
Excess revenues. Any surplus remaining after payment of debt service
charges, operation and maintenance and replacement costs shall be
credited to the following year's operation and maintenance account.
Excess revenues collected from a user class shall be applied to operation
and maintenance costs attributable to that class for the next year.
The Council shall have conducted an independent annual audit,
the purpose of which shall be to maintain the proportionality between
users and user classes of the sewer user charge system and to ensure
that adequate revenues are available relative to increasing operation,
maintenance and replacement costs and debt service charges. The findings
and recommendations of this audit shall be available for public inspection.
(1)
Damages. No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure
or equipment which is a part of the wastewater facilities. Any person
violating this provision shall be subject to immediate arrest under
a charge of disorderly conduct.
(2)
Written notice of violation. Any person connected to the wastewater
facilities found to be violating a provision of this article shall
be served by the City 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. Any licensed
disposer discharging to the wastewater facilities found to be violating
a provision of this article or of any conditions of the City's approval
for septage disposal may have their approval immediately revoked.
This revocation shall be done in writing and state the reasons for
revoking the septage disposal approval.
(3)
Deleterious discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the wastewater facilities which
causes damage to the facilities and/or receiving water body shall,
in addition to a forfeiture, pay the amount to cover all damages,
both of which shall be established by the Council.
(4)
Discharge reporting. Any person responsible for a discharge that
may have a detrimental impact on the sewerage system shall immediately
report the nature and amount of the discharge to the City Clerk.
(5)
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 $50 nor more than $500 and the costs
of prosecution. Each day in which any violation is continued beyond
the aforesaid notice time limit shall be deemed a separate offense.[1]
(6)
Liability to City for losses. Any person violating any provision
of this article shall become liable to the City for any expense, loss
or damage occasioned by reason of such violation which the City may
suffer as a result thereof.
(7)
Damage recovery. The City shall have the right of recovery, from
all persons, of any expense incurred by said system for the repair
or replacement of any part of the wastewater facilities damaged in
any manner by any person by the performance of any work under their
control or by any negligent acts.
(8)
Penalties. Any person who shall violate any of the provisions of this article or rules or regulations of the City or who shall connect a service pipe or discharge without first having obtained a permit therefor or who shall violate any provisions of the Wisconsin Statutes, the Wisconsin Administrative Code or any other materials which are incorporated by reference shall, upon conviction thereof, forfeit not less than $50 nor more than $500 and the costs of prosecution. This, however, shall not bar the City from enforcing the connection duties set out in § 13.19(3)(b) for mandatory hookup.
(9)
Appeal procedures. Any user affected by any decision, action or determination,
including cease and desist orders, made by the interpreting or implementing
provisions of this article may file with the Council a written request
for reconsideration within 10 days of the date of such decision, action
or determination, setting forth in detail the facts supporting the
user's request for reconsideration. The Council shall render a decision
on the request for reconsideration to the user, in writing, within
15 days of receipt of the request. If the ruling on the request for
reconsideration made by the Council is unsatisfactory, the person
requesting reconsideration may, within 10 days after notification
of the action, file a written appeal with the Council. A fee of $100
shall accompany any appeal. This fee shall be refunded if the appeal
is sustained in favor of the appellant.
The City, through its duly qualified governing body, may amend
this article in part or in whole whenever it may deem necessary, but
such right shall be exercised only upon notice and proper hearing
on the proposed amendment.
