[HISTORY: Adopted by the Village Board of the Village of
Randolph 10-7-1998 by Ord. No. 351 as Title 9, Ch. 2, of the 1998 Code.
Amendments noted where applicable.]
The intent of this chapter is to regulate the use of the Village
of Randolph wastewater facilities and to set forth equitable revenue
systems so as to derive the maximum benefit. This chapter has been
developed pursuant to P.L. 92-500, P.L. 95-217, and § 66.0821,
Wis. Stats. This chapter shall supersede any previous Village sewer
use chapter 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 statute shall be controlling.
A.Â
Duties of the Plumbing Inspector. The Plumbing Inspector, under the
direction of the Village Board, shall, with such assistance as he/she
may need, perform the duties of the Plumbing Inspector as herein provided,
shall have control of the supervision of plumbing and drainage, and
shall faithfully enforce all laws, ordinances and rules in relation
thereto.
B.Â
Wisconsin State Plumbing Code. It shall be the duty of said Plumbing
Inspector to see that the construction, reconstruction and alteration
of all plumbing, drainage and plumbing ventilation hereinafter installed
in all buildings in the Village of Randolph shall conform with the
rules and regulations laid down by the State Department of Safety
and Professional Services of Wisconsin and to make all inspections
provided for by said code and in the manner therein set forth. No
person in said Village shall install any plumbing of any kind or character,
except leakage repairs or stoppages, unless a permit therefor has
been granted by the said Plumbing Inspector, and no person shall permit
any plumbing or drainage to be used until it has been inspected and
approved by said Plumbing Inspector. The said Plumbing Inspector shall
prepare suitable forms for the applications, permits and estimates
herein required to be made and keep a proper daily record of all the
transactions of his/her office and shall file a monthly report covering
the same with the Village Clerk-Treasurer.[1]
C.Â
Bond. Before engaging in plumbing or drain laying or receiving a
permit or permits to do such work, the person, firm or corporation
shall execute unto the Village of Randolph and deposit with the Village
Clerk-Treasurer a bond with two or more sureties, or an indemnity
bond, to be approved by the Village Board, in the sum of $500, conditional
that he or they will perform faithfully all work with due care and
in accordance with the law, ordinances, rules and regulations governing
the installation of plumbing and drainage. The bond shall state that
the person, firm or corporation will indemnify the Village of Randolph
for claims of every nature and kind arising out of any unskillfulness
or negligence on his/her or their part in connection with plumbing
or drainage work, as prescribed in this chapter. Such bond shall remain
in force until the expiration of the license of such obligor, except
that on such expiration of the license, it shall remain in force as
to all penalties, claims and demands that have accrued thereunder
prior to such expiration, provided that such obligor may at any time
substitute a new bond for the same, of like amount and tenor, with
different sureties to be approved by the Village Board unless some
claims, penalties and demands accruing under the former bond remain
unsatisfied, in which case such old bond shall not be surrendered
until such claims, penalties and demands are satisfied; provided,
further, that if the sureties on such bond or any of the sureties
on such bond or any of them shall become insolvent or remove from
this state, the Village Board shall require a new bond before granting
any further permits to such obligor. Bonds in compliance with the
foregoing provisions shall be executed and filed annually on or before
the 15th day of April of each year.
D.Â
Permit. No plumbing shall be done in the Village of Randolph, except
in case of repairing leaks and stoppages, without a permit first being
issued therefor by the Plumbing Inspector upon such terms and conditions
as the Village Board shall prescribe. The applicant for a plumbing
permit shall file with the Plumbing Inspector an application showing
in detail the work to be done.
E.Â
Registration. All persons, firms or corporations engaging in the
business of plumbing or drain laying in said Village of Randolph shall
register his or their name, residence and location at which such business
is conducted. No person, firm or corporation engaged in the business
of plumbing or drain laying in other places, desiring to do plumbing
or drainage work in the Village of Randolph, shall enter upon such
work until he/she, they or it shall have qualified as hereinbefore
provided.[2]
F.Â
Authority to enter premises. The Plumbing Inspector, under the direction
and supervision of the Village Board, shall have power and authority
at all reasonable times, for any proper purpose, to enter upon any
private or public premises and demand inspection thereof and require
of any person or persons doing plumbing or drain laying work the production
of the license or permit therefor. Any person who shall willfully
resist or obstruct any lawful exercise of authority by said Plumbing
Inspector shall be subject to the penalty as provided for in this
chapter.
G.Â
Protection of the public. Every plumber and drain layer must enclose
each opening which he/she may make in the streets or public ways with
sufficient barriers. Red lights must be kept burning from sunset to
sunrise, one red light to be placed at each end of openings in streets
and the other lights to be placed at intervals of 10 feet. All necessary
precautions shall be taken to guard the public effectively from accidents
or damage to persons or property from the beginning to the end of
the work. Plumbers and drain layers will be held liable for all damages,
including costs incurred by the Village of Randolph, in defending
any action brought against it for damages and costs of an appeal that
may result from the neglect of his/her employees or himself/herself
of any necessary precaution against injury or damage to person, horses,
vehicles or property of any kind.
H.Â
Reports of existing unsanitary installations. Whenever it shall be
reported to health officials by the Plumbing Inspector that the plumbing
in any building is liable to breed disease or sickness, or is a menace
to health, or upon complaint made to health officials by any person
that the plumbing in any building is defective as aforesaid, then
the said health officials shall direct the said Plumbing Inspector
to examine all the plumbing in said building and report his/her findings
in writing to said health officials, suggesting such changes as are
necessary to put the same in proper sanitary condition. The said health
officer shall, thereupon, with the approval of the Village Board,
direct such changes as he deems necessary to be made and fix a time
for doing the same, and any person refusing to comply therewith shall
be guilty of a violation of this chapter, and each day's continuance
thereof shall constitute a separate offense.
I.Â
Notice for inspection. Whenever any work is ready for inspection,
the Plumbing Inspector shall be notified by the plumber in charge
or the person receiving a permit unless otherwise especially permitted
by the Plumbing Inspector. All work, either plumbing or drain laying,
shall be left uncovered for examination and approval by the Inspector.
J.Â
Requirements. All plumbers doing business in the Village of Randolph
are hereby required to faithfully carry out all directions of the
Plumbing Inspector for said Village and are required to install all
work in keeping with the State Plumbing Code and all amendments thereto,
and such additional rules and regulations as are now in force or may
from time to time be adopted by the Village Board of the Village of
Randolph.
K.Â
Duty to report violations. It shall be the duty of police officers,
the Plumbing Inspector and health officials to inquire into the cases
of violation of this chapter and report the same to the proper officer
for investigation and prosecution.
The following rules, rates and regulations governing the Water
Utility of the Village of Randolph for the introduction and use of
service pipes and the supply of water are a part of the contract with
each person who takes the water, and every such person, by taking
the water, agrees to be bound thereby:
A.Â
Permits. Any person who shall lay any water service pipe or introduce
into or about any building or any grounds any water pipe or who shall
make attachments or connections whatsoever with the pipes or mains
of the Water Utility is hereby required to obtain a permit for the
doing of such work from the Village Board of the Village of Randolph,
or its duly authorized agent, and, upon failure to obtain such permit,
shall be subject to the penalty hereinafter provided.
B.Â
Using water without permit. Any person who shall make any use of
or take water for private use, or for flushing any sewer, or settling
any ditch filling, or who shall use any water for building purposes
without first having obtained a permit from the Water Utility for
such use of water shall be subject to a penalty as hereinafter provided.
C.Â
Bond. Any person, firm or corporation wishing to do business in connection
with the Village Water Utility shall execute unto the Village of Randolph
and deposit with the Village Clerk-Treasurer a bond with one or two
or more sureties or an indemnity bond in the sum of $500, subject
to the approval of the Village Board, to indemnify and hold harmless
the Village of Randolph from all accidents, damages and losses which
said Village might sustain by reason of his/her or their failure to
comply with all the rules and regulations which are now or may hereinafter
be established by the Village of Randolph in connection with its Water
Utility system.
D.Â
Inspecting premises. The Village Board of the Village of Randolph,
or its duly authorized agent, shall have the power and is hereby authorized
to enter any premises supplied by the Water Utility and where such
water is used for the purpose of supplying meters or to examine the
pipes and fixtures at such times as may be deemed proper.
E.Â
Applications and specifications.
(1)Â
Permits upon application. The Village Board of the Village of Randolph,
or its duly authorized agent, will, upon proper application, issue
permits, will do the necessary tapping of mains, and furnish the necessary
taps and curb cocks at the expense of the Village.
(2)Â
Specifications. All plumbing work shall be done in compliance with
the Wisconsin Administrative Code.
F.Â
Power to replace old service pipes. The Village Board or its duly
authorized agent shall have power to replace any old service pipe
preparatory to the construction of permanent pavements which it may
be deemed necessary to replace in order to insure the safety and permanence
of such pavements, the cost of same to be assessed against the abutting
property.
G.Â
Services to be metered. Every service must be metered through meters
to be furnished by the Village Board. Meters destroyed by frost or
other causes shall be repaired by the Village Board or its duly authorized
agent at the expense of the consumer, and the cost of such repair
shall be paid at the time made, and in case of failure to pay for
such repair, the water shall be shut off and shall not be turned on
again until all expense in connection with the same shall have been
paid.
A.Â
Unlawful deposits. It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary manner on public
or private property within the Village or in any area under the jurisdiction
of the Village any human or nonfarm animal excrement, garbage or other
objectionable wastes.
B.Â
Unlawful discharges. It shall be unlawful to discharge to any natural
outlet within the Village or in any area under the jurisdiction of
the Village any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent
provisions of this chapter, or under the provisions of the public
health laws of the State of Wisconsin.
C.Â
Unlawful disposal facilities. It shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool, or other facility
within the Village intended or used for the disposal of wastewater,
except by written approval of the Village. Any septic tank, cesspool,
or similar private wastewater disposal facility that is abandoned
shall be filled with suitable material.
D.Â
Suitable toilet facilities required. The owner of all houses, buildings,
or properties used for human occupancy, employment, recreation or
other purposes situated within the Village and abutting on any street,
alley, or right-of-way in which there is now located or may in the
future be located a sanitary sewer of the Village is hereby required,
at his/her expense, to install suitable toilet facilities therein
and to connect such facilities directly with the Village sewer in
accordance with this chapter.
A.Â
Sewer service charges. It is hereby determined and declared to be
necessary and conducive for the protection of the health, safety,
and welfare of the public to levy and collect sewer service charges
or rentals upon all lots, lands and premises served or benefited by
the sewer system of the Village of Randolph, which shall include,
without limitation, all facilities within or without said Village
for the collection, transportation, pumping, treatment and disposition
of sewage, consisting generally of pipes, conduits, catch basins,
manholes, sewer laterals, sewer mains, intercepting sewers, pumps
and facilities for the treatment and disposal of raw sewage, and shall
include, in addition to the facilities operated directly by the Village
of Randolph, the facilities furnished under statutory or contractual
provisions where the furnishing of such facilities creates or imposes
a cost or charge upon the Village of Randolph.
B.Â
Sewer account established. The funds received from the sewer service
charges authorized by this chapter shall be deposited at regular intervals
in a depository to be designated by the Board and shall be credited
to a sewer account, which account shall show all the receipts and
expenditures of the sewer system. The funds in said account shall
be available for payment of the requirements for operation, maintenance,
repairs and depreciation of the sewer system, and for the payment
of principal and interest on bonds issued and outstanding, or which
may be hereafter issued, to provide funds to construct, improve or
extend said sewer system or part thereof. Any surplus in said account
shall be available to pay all or part of the cost of additions and
improvements. Nothing contained herein shall prevent the Village Board
from appropriating money from the general fund to cover any deficiency
in the sewer account.
A.Â
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
COMBINED SEWER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
DNR
DOMESTIC WASTEWATER
DRAIN LAYING
FEDERAL ACT
FLOATABLE OIL
GARBAGE
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDUSTRIAL COST RECOVERY (ICR)
INDUSTRIAL DISCHARGES
INDUSTRIAL USER
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(a)Â
(b)Â
PERSON
PLUMBING
PRETREATMENT
PROPERLY SHREDDED GARBAGE
SANITARY SEWER
SEWER
SEWERAGE SYSTEM
SIGNIFICANT INDUSTRIAL CONTRIBUTOR
(1)Â
(2)Â
(a)Â
(b)Â
(c)Â
(d)Â
STANDARD METHODS
SUSPENDED SOLIDS (SS)
UNPOLLUTED WATER
USER
USER CHARGE
VILLAGE SEWER
WASTEWATER FACILITIES
WASTEWATER TREATMENT PLANT
WPDES PERMIT
Unless the context specifically indicates otherwise, the meanings
of the following terms used in this chapter shall be as follows:
The quantity of oxygen utilized in the biological oxidation
of organic matter under standard laboratory procedure in five days
at 20° C.,
expressed in milligrams per liter or pounds.
Denotes a sanitary sewer beginning at the immediate outside
of the foundation wall of any building being served to its connection
with a Village sewer or interceptor.
A sewer designed to receive or receiving both wastewater
and stormwater or surface water.
Biochemical oxygen demand, suspended solids, pH, or fecal
coliform bacteria, plus additional pollutants identified in the Wisconsin
Pollutant Discharge Elimination System (WPDES) permit issued to the
Village of Randolph for the Village's wastewater treatment plant,
provided that said wastewater treatment plant was designed to treat
such pollutants and in fact does remove such pollutants to a substantial
degree.
A sample consisting of portions of a waste taken in proportion
to the volume of flow of said waste.
Wisconsin Department of Natural Resources.
Wastewater discharged from sanitary conveniences which contains no incompatible pollutants exceeding the limits set in § 295-8 of this chapter.
Includes connecting to main sewers in streets or alleys,
placing materials, construction and alteration of drains beginning
three to five feet from the foundation or area wall of the building
to its connection with the main sewer in the street, alley or other
disposal terminal.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and P.L. 84-660, as amended by the Federal Water Pollution
Control Act amendments of 1972 (P.L. 92-500, P.L. 93-243 and P.L.
95-217), or any subsequent amendments, or as implemented by Ch. 283,
Wis. Stats., or appropriate sections of the Wisconsin Statutes, as
well as any guidelines, limitations and standards promulgated by the
United States Environmental Protection Agency pursuant to the Act.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated and does not interfere with the collection
system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
Any waste from holding tanks such as chemical toilets, campers,
trailers, septic tanks and vacuum-pump tank trucks.
Any pollutant which is not a compatible pollutant.
Recovery by the Village from the industrial or commercial
users of its wastewater works of the grant amount allocable to the
construction of facilities for the treatment of wastes from such users
pursuant to Section 204(b) or 201(h) of the Federal Act.
Any waterborne solids, liquids or gaseous wastes other than
domestic wastewater resulting from, discharging from, flowing from,
or escaping from any industrial user as defined herein.
As defined in 40 CFR 35.905 and § NR 110.03(15), Wis.
Stats., any user identified in the Standard Industrial Classification
Manual 1972, United States Office of Management and Budget, as amended
and supplemented as of October 1, 1978, under one of the following
divisions:
|
Division A
|
Agriculture, Forestry and Fishing
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|
Division B
|
Mining
| |
|
Division D
|
Manufacturing
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Division E
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Transportation, Communications, Electric, Gas and Sanitary Services
| |
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Division I
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Services
|
For the purposes of industrial cost recovery, any user which
discharges less than the equivalent of 25,000 gallons per day of sanitary
wastes is exempt from the industrial cost recovery system.
In determining the amount of a user's discharge, domestic
wastes or discharges from sanitary conveniences may be excluded.
After applying the sanitary waste exclusion set out above, discharges
in the above divisions that have a volume exceeding 25,000 gallons
per day or the weight of biochemical oxygen demand (BOD) or suspended
solids (SS) equivalent to that weight found in 25,000 gallons per
day of sanitary waste shall fall under the ICR system. Sanitary wastes,
for purposes of this calculation of equivalency, are the wastes discharged
from residential users.
If an industrial user's maximum flow (hourly, daily, monthly,
seasonally, etc.) contributes to the cost of construction of the Village-owned
treatment facility, it shall be the basis for that user's industrial
cost recovery (ICR) payment. No credit will be given to the industrial
user for the time period when the user is not operating and not discharging
wastewater.
"Industrial user" shall also include:
Any nongovernmental user of a Village-owned sewerage system
which discharges wastewater to the sewerage system which contains
toxic pollutants or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with other wastes, to contaminate
the sludge of any municipal system or injure or interfere with any
sewage treatment process; constitutes a hazard to humans or animals;
creates a public nuisance; or creates any hazard in or has an adverse
effect on the waters receiving any discharge from the treatment works.
All commercial users of an individual system constructed with
grant assistance under § NR 128.07, Wis. Adm. Code.
Any individual, firm, company, partnership, association,
and private, public and municipal corporations, districts and all
political subdivisions and governmental agencies.
Includes the placing of all material within any building
and from three to five feet outside of the foundation or area wall
of such building and the construction, alteration and inspection of
all pipes, faucets, tanks, valves and other fixtures by and through
which supply or waste or sewage is used or carried in any manner whatsoever.
Treating industrial wastes as required by government agency
to remove or reduce the quantity of one or more pollutants prior to
discharge to a Village sewer.
The waste from the preparation, cooking, and dispensing of
food that has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
the Village sewers.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants, or institutions.
A pipe or conduit that carries wastewater or drainage water.
All structures, conduits and pipelines by which wastewater
is collected and disposed of, including the wastewater treatment works,
except plumbing inside and in connection with buildings and properties
served, and building sewers.
A user that:
Has been notified in writing by the DNR or the Village that
it is necessary to provide information concerning the concentration
and quantity of the pollutants discharged.
Has a discharge flow which:
Is greater than 10,000 gallons on any day of the year.
Is greater than 5% of the total flow rate or design compatible
pollutant loading received at the municipal wastewater treatment plant
and/or is subject to pretreatment standards for incompatible pollutants
as defined in Ch. NR 211, Wis. Adm. Code.
Contains a material included on a list of toxic pollutants as
defined in § 283.01(17), Wis. Stats.
Contains a waste which the DNR or the Village has found to have
significant impact, either singularly or in combination with other
contributing industries, on the wastewater facilities or upon the
effluent from such facilities.
The examination and analytical procedures set forth in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater," as prepared, approved and published jointly by the American
Water Works Association and the Water Environment Federation, and
is in compliance with 40 CFR 136, Guidelines Establishing Test Procedures
for the Analysis of Pollutants.[1]
The total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater, or other liquids and
that is removable by laboratory filtering as prescribed in "Standard
Methods" and referred to as "nonfilterable residue."
Water of a quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
Any person who discharges, or causes to be discharged, domestic
wastewater or industrial discharges into the Village sewerage system.
A charge levied on users of wastewater facilities for the
cost of operation, maintenance and replacement of such wastewater
facilities.
Any sanitary sewer owned and operated by the Village of Randolph.
The structures, equipment and processes designed to collect,
carry and treat domestic wastewater and industrial discharges.
An arrangement of devices and structures for treating domestic
wastewater and industrial discharges. Sometimes used as synonymous
with "wastewater treatment" or "wastewater treatment works" or "water
pollution control works."
A permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283,
Wis. Stats.
B.Â
"May,"
as used herein, is permissive. "Shall," as used herein, is mandatory.
A.Â
Combined sewer. No combined sewers shall be connected with the wastewater
facilities of the Village.
B.Â
Connection of a building sewer to a Village sewer.
(1)Â
Any person desiring to connect a building sewer intended to serve
an industrial or a nonindustrial user to a Village sewer shall make
application in writing on forms provided by the Village. Such application
shall be by a master plumber licensed by the Department of Safety
and Professional Services of the State of Wisconsin and authorized
by the owner or operator of the premises for which such connection
is desired. A nonrefundable connection fee in an amount as set by
the Village Board shall be paid to the Village upon filing such application.[1]
(2)Â
Upon approval of said application, the Village shall issue a permit
granting the right to make the connection and specifying special conditions
which must be met prior to connection. No work of laying the building
sewer shall be commenced or continued without the required connection
permit being on the premises and in the hands of the licensed master
plumber or one employed by him/her. The building sewers shall be constructed
as required by Ch. SPS 382, Wis. Adm. Code. At the time of connection,
the building sewer shall be inspected by an authorized representative
of the Village.
C.Â
Connection of a sanitary sewer, other than a building sewer, to a
Village sewer. Any person desiring to connect a sanitary sewer, other
than a building sewer, to a Village sewer shall make application to
the Village in writing. Such application shall be made by a licensed
professional engineer authorized by the owner(s) of the property for
which such connection is desired. The application shall describe the
location of the requested connection and the volume and characteristics
of the wastewater to be transmitted and shall include a statement
that the design and construction of the system shall be subject to
the lawful rules and regulations of the Village. Connections will
be allowed only when the capacity of downstream collection and treatment
facilities is adequate. All construction costs, including engineering,
materials, labor, inspection, and easements, shall be the responsibility
of the owner(s) of the property for which such connection is desired.
Upon completion of the project for which the connection is desired,
all of the facilities constructed, other than the building sewers,
shall be dedicated to the Village free and clear of any liens, and
the Village shall assume the responsibility for the operation and
maintenance of said facilities thenceforth.
D.Â
Supervision of construction of the Village and building sewers. Construction
of the Village sewer shall be under the direction of a licensed professional
engineer. Such engineer shall keep accurate records of the location,
depth, and length of sewers as built and the location of the Y-branches
or slants. All building sewers served by the Village shall be inspected
by the Village's authorized representative.
A.Â
General prohibited discharges. No person shall discharge wastes to
a Village sewer which cause, or are capable of causing, either alone
or with other substances:
(1)Â
A fire or explosion.
(2)Â
Obstruction of flow or damage to the wastewater facilities.
(3)Â
Danger to life or safety of persons.
(4)Â
Air pollution as defined in § 285.01(3), Wis. Stats.
(5)Â
Prevention of effective maintenance or operation of the wastewater
facilities.
(6)Â
Any product of the Village treatment processes or any of the Village's
residues, sludges, or scums to be unsuitable for reclamation and reuse
or to interfere with reclamation processes.
(7)Â
A detrimental environmental impact, a nuisance, or any condition
unacceptable to any public agency having regulatory jurisdiction over
the Village.
(8)Â
Any sanitary sewer or the Village wastewater facilities to be overloaded.
(9)Â
Excessive Village collection and treatment costs, or use of a disproportionate
share of the Village facilities.
(10)Â
A violation of the Village WPDES permit.
B.Â
Specific prohibited discharges. Prohibited discharges shall include
but not be limited to:
(1)Â
Flammable substances. Any gasoline, benzene, naptha, fuel oil, or
other flammable or explosive liquid, solid, or gas.
(2)Â
Toxic substances. Any wastes containing toxic or poisonous solids,
liquids, or gases in sufficient quantity, either singly or by interaction
or in combination with other wastes, to injure or interfere with any
waste treatment process, constitute a danger to humans, flora or fauna,
create a public nuisance, or create any hazard in the receiving waters
of the wastewater treatment plant.
(3)Â
Corrosive substances. Any waters or wastes having a pH lower than
5.5 or having any other corrosive property capable of causing damage
or hazard to structures, equipment, or operating personnel.
(4)Â
Solid substances. Solid or viscous substances, including, but not
limited to, such substances as ashes, bones, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, improperly
shredded garbage, whole blood, paunch manure, hair and fleshings,
entrails, paper dishes, cups, and milk containers, either whole or
ground by garbage grinders.
(5)Â
Industrial substances. Any wastewater from industrial plants containing
floatable oils, fats, or greases.
(6)Â
Sulfur/phosphate substances. Any wastewater which contains organo-sulfur
or organo-phosphate pesticides, herbicides or fertilizers.
C.Â
Prohibitions on storm drainage and groundwater discharges. Stormwater,
groundwater, rainwater, street drainage, roof runoff, and subsurface
drainage shall not be discharged into Village sewers without prior
approval of the Village. Such approval shall be granted only when
no reasonable alterative method of disposal is available. Polluted
stormwater runoff from limited areas may be discharged to the sanitary
sewer upon approval by the Village, payment of applicable charges
and fees, and compliance with conditions required by the Village.
D.Â
Prohibition on unpolluted water discharges. Unpolluted water, including
but not limited to cooling water, process water or blowdown from cooling
towers or evaporative coolers, shall not be discharged into Village
sewers without prior approval of the Village. Such approval shall
be granted when no reasonable alternative method of disposal is available
and upon payment of applicable charges and fees and compliance with
conditions as required by the Village.
E.Â
Limitations related to treatment plant influent. Discharge to the
Village sewerage system of the following described substances, materials,
waters, or waste shall be limited to concentrations or quantities
which will not harm the sewers, wastewater treatment process or equipment,
will not have an adverse effect on the receiving stream, will not
endanger persons or property, will not cause air pollution or other
detrimental environmental effects, and will not constitute a nuisance:
(1)Â
High-temperature liquids. Liquid having a temperature higher than
65° C.
(2)Â
Substances that solidify. Wax, grease, oil, plastic or any other
substance that solidifies or becomes discernibly viscous.
(3)Â
Radioactive wastes. Radioactive wastes which, alone or with other
wastes, result in releases greater than those specified by current
United States Bureau of Standards Handbooks, or which violate rules
or regulations of any applicable regulatory agency.
(4)Â
Mineral oil substances. Wastewater containing more than 50 milligrams
per liter of petroleum oil, nonbiodegradable cutting oils, or products
of mineral oil origin.
(5)Â
Animal or vegetable oil substances. Wastewater containing more than
300 milligrams per liter of oil or grease of animal or vegetable origin.
(6)Â
Wastewater exceeding normal concentrations. Wastewater which, in
concentrations 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 or flows during normal
operation.
(7)Â
Excess mineral concentrations. Wastewater which contains in excess
of:
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1.00 mg/l aluminum
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0.02 mg/l cadmium
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0.20 mg/l copper
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|
0.20 mg/l lead
| |
|
2.00 mg/l mercury
| |
|
0.30 mg/l selenium
| |
|
0.04 mg/l silver
| |
|
0.50 mg/l total chromium
| |
|
2.00 mg/l zinc
|
F.Â
Right to change requirements. The Village may change the requirements
established in the regulations above if necessary to meet the objectives
of this chapter or the conditions of the Village's WPDES permit.
G.Â
Limitations related to treatment plant effluent. No person shall
discharge any wastewater to the sewerage system which, in combination
with other discharges, results in a treatment plant effluent having
concentrations exceeding the following limits:
|
0.100 mg/l total phenols
| |
|
0.005 mg/l free cyanides
| |
|
0.002 mg/l polychlorinated biphenols (PCB's)
|
H.Â
Accidental discharge of prohibited wastewater. Any person who discharges
into the sewerage system wastes or wastewater prohibited under this
chapter shall immediately report such a discharge to the Village.
Within 15 days of such discharge, a detailed written statement describing
the cause of the discharge and the measures taken to prevent a future
occurrence shall be submitted to the Village.
I.Â
J.Â
Pretreatment of industrial wastes. Industrial users may be required
to pretreat their wastewater when necessary to protect the wastewater
facilities or prevent discharge of incompatible pollutants. Construction,
operation and maintenance of pretreatment facilities shall be at the
expense of the user. Pretreatment facilities shall be operated by
qualified personnel holding a Grade 5 license issued by the DNR.
K.Â
Limitations on discharge of septic tank sludge and holding tank sewage.
(1)Â
Permit required.
(a)Â
No person shall transfer such septic tank sludge or holding
tank sewage material into any disposal area or public sewer unless
a permit for disposal has been first obtained from the approving authority.
Written application for this permit shall be made to the approving
authority and shall state:
(b)Â
Permits shall be nontransferable except in the case of replacement
of the disposal unit for which a permit shall have been originally
issued. The permit may be obtained upon payment of a fee as set by
the Village Board. The time and place of disposal will be designated
by the approving authority. The approving authority may impose such
conditions as it deems necessary on any permit granted.[1]
(2)Â
Insurance required. Any person or party disposing of septic tank
sludge or holding tank sewage agrees to carry public liability insurance
in an amount not less than $250,000 to protect any and all persons
or property from injury and/or damage caused in any way or manner
by an act, or failure to act, by any of the person's employees.
The person(s) shall furnish a certificate certifying such insurance
to be in full force and effect. The person(s) disposing waste agrees
to indemnify and hold harmless the Village from any and all liability
and claims for damages arising out of or resulting from work and labor
performed.
(3)Â
Compliance with this code required. All materials disposed of into
the treatment system shall be of domestic origin, or compatible pollutants
only, and the person(s) agrees that he/she will comply with the provisions
of any and all applicable chapters of the Municipal Code of the Village
of Randolph and shall not deposit or drain any gasoline, oil, acid,
alkali, grease, rags, waste, volatile or flammable liquids or other
deleterious substances into the public sewers, nor allow any earth,
sand, or other solid material to pass into any part of the wastewater
collection and treatment facilities.
L.Â
Sand and grease trap installations. The installation of grease, oil
and sand interceptors at repair garages, gasoline stations, car washes,
and other industrial or commercial establishments is required where
necessary to prevent discharge of sand, flammable wastes, oil or grease
in amounts exceeding the limits of this section. All such traps shall
be constructed and maintained by the owner at his expense, in accordance
with the Wisconsin Plumbing Code and the specifications of the Village,
and shall be readily accessible for cleaning and inspection.
M.Â
Special agreements. No statement contained in this chapter shall
be construed as preventing any special agreement or arrangement between
the Village and industry whereby an industrial waste of unusual strength
or character may be accepted by the Village for treatment.
A.Â
Monitoring facilities. Wastewater characteristics and constituents
shall be monitored to determine compliance with this chapter and to
facilitate an equitable system of use charges and industrial cost
recovery charges.
(1)Â
Installation of monitoring facility required; new user. A new user
who expects to discharge or who is capable of discharging wastewater
having constituents or characteristics different from domestic wastewater
shall install a monitoring facility.
(2)Â
Installation of monitoring facility required; existing user. An existing
user whose discharges are different from domestic wastewater may be
required by the Village to install a monitoring facility. Construction
of such facility must be completed within 90 days after the user has
been notified of the requirement, unless the Village grants an extension
of time.
(3)Â
Owner's expense. All monitoring facilities shall be constructed
at owner's expense in accordance with plans approved by the Village.
The monitoring facility shall contain the necessary meters and equipment
to facilitate the observation, sampling, and measurement of wastes
and shall be maintained by the owner so as to be safe and accessible
at all times.
(5)Â
Voluntary monitoring. In addition, any user who so desires may install
and operate monitoring facilities and report its wastewater characteristics
for billing purposes in accordance with this chapter.
B.Â
Powers and authority for inspection and sampling.
(1)Â
Agents. Agents of the Village shall be allowed access to all monitoring
facilities.
(2)Â
Inspectors. Inspectors bearing proper credentials and identification
shall be allowed access to all property serviced by the Village, for
the purpose of inspection, observation, measurement, sampling, and
testing of discharges to the wastewater facilities, or for the purpose
of inspection, repair, or maintenance of any portion of the Village
wastewater facilities.
(3)Â
Information required of industrial users. The Village may require
industrial users to provide information about industrial processes
which may have an effect on the nature of the industrial discharges.
Such industrial process information may be withheld if the industrial
user demonstrates to the satisfaction of the Village that release
of such information to the public would reveal trade secrets or result
in an advantage to competitors. Effluent data may not be withheld
but will be kept confidential if necessary to protect the trade secrets
of an industrial user.
C.Â
Reporting requirements.
(1)Â
Information required of users. The Village may require a user to
provide information concerning, but not limited to:
(a)Â
Volume, time and peak rate of discharges.
(b)Â
Chemical analysis of discharges.
(c)Â
Raw materials, processes and products relevant to discharge
characteristics.
(d)Â
Discharges of specific wastes such as sludge, oil, solvent,
or incompatible pollutants.
(e)Â
Plot plans of sewers on the user's property showing locations
of sewers, monitoring facilities and pretreatment facilities.
(f)Â
Details of pretreatment facilities.
(g)Â
Details of systems to prevent losses of materials through spills
to the Village sewers.
(2)Â
Information required of industrial users. Each significant industrial contributor shall submit to the Village by the 15th of March of each year a report on the quality and quantity of its industrial discharges. The report shall be a copy of the form required by Ch. NR 101, Wis. Adm. Code, and shall contain, at least, analyses for compatible pollutants (e.g., BOD, SS, pH) and for all incompatible pollutants listed in § 295-8E(7) and G, unless the contributor has obtained a specific exemption from reporting certain constituents.
(3)Â
Reporting of discharges requiring pretreatment. If any significant
industrial contributor discharges incompatible pollutants which require
pretreatment prior to discharge to the Village sewerage system, the
quality and quantity of the discharge shall be reported to the Village
quarterly by March 15, June 15, September 15 and December 15.
(4)Â
Reporting period. The reporting period shall not include the thirty-day
period immediately preceding the day that the report is due. All analyses
should be done on representative twenty-four-hour composite samples
taken during a typical operating day.
(5)Â
Test analyses and measurements. All measurements and test analyses
of the characteristics of wastewater shall be determined in accordance
with Standard Methods. Alternate methods of analysis may be used,
subject to prior written approval of the Village.
A.Â
General. The service charges to users served by the Village are intended
to recover the following costs:
(1)Â
Operating and maintenance. The Village costs for operating and maintaining
the Village sewers, including lift stations and treatment facilities.
(2)Â
Construction. The Village costs for construction of new or replaced
Village sewers, including lift stations and treatment facilities.
(3)Â
Administrative costs. The Village's administrative costs.
B.Â
Nonindustrial users' service charges.
(1)Â
Unless they desire to monitor their wastewater discharges, service
charges to nonindustrial users shall be based on the volume of water
used as determined from regular water meter readings and on the size
of the water meter(s) serving the use or shall be a flat fee if no
water use data is available. The portion of the service charge based
on the water volume metered shall reflect the portion of the following
costs allocated to volume:
C.Â
Industrial users' service charges.
(1)Â
Service charges to industrial users required to monitor their wastewater discharges and other users who desire to monitor their wastewater discharges shall be based on the volume of wastewater discharged, the pounds of BOD discharged, the pounds of suspended solids discharged, and the actual or estimated size of the water meter(s) that serves or would be necessary to serve such a user. The metering and sampling necessary to determine the volume of wastewater and the BOD and suspended solids concentrations of the wastewater shall be done in accordance with § 295-9. The rate per volume of wastewater shall reflect the unit cost for transporting and treating a volumetric unit of wastewater and shall be used to determine the volume portion of the service charge for such users. The rate per pound of BOD shall reflect the cost for transporting and treating a pound of BOD and shall be used to determine the BOD portion of the service charge for such users. The rate per pound of suspended solids shall reflect the cost for transporting and treating a pound of suspended solids and shall be used to determine the suspended solids portion of the service charges for such users. The rate based on the size of water meter shall reflect the administrative costs of serving such a user and shall be used to determine the demand portion of the service charge for such users.
(2)Â
Unless they desire to monitor their wastewater discharges, service
charges to industrial users that discharge primarily segregated domestic
wastewater shall be determined in the same manner as service charges
for nonindustrial users.
D.Â
Service charge rate adjustments. All service charge rates shall be
reviewed at least annually and may be adjusted whenever necessary.
E.Â
New construction. There shall be no charge for the initial 12,000
gallons of sewage on new construction only.
A.Â
Users subject to industrial cost recovery. Any industrial user shall
be subject to the Village industrial cost recovery (ICR) provisions
in addition to regular service charges and may be required to monitor
and report its wastewater discharges for use in computing its service
charges and ICR charges.
C.Â
Monitoring and reporting. The Village shall determine the monitoring
and reporting frequency for each user subject to ICR served by it.
Users subject to ICR shall be notified by the Village of the wastewater
parameters to be monitored, the frequency of monitoring required,
and the reporting dates for submitting the monitoring data to the
municipality.
D.Â
Industrial cost recovery rates. The Village shall determine industrial
cost recovery rates pursuant to 40 CFR 35.925-11, to insure that all
industrial users will pay that portion of the government grant amounts
allocable to the treatment of wastes from such users. Such rates shall
reflect the unit costs for construction of facilities funded with
such grant amounts and shall be used for computing the ICR charge
for each user subject to the ICR. The ICR rates shall be adjusted
as necessary in accordance with 40 CFR 35.928-1.
A.Â
Applicable to tax-exempt property. The provisions of this chapter,
including the charges established herein, shall apply to property
owned by the Village of Randolph, the Counties of Columbia and Dodge,
the State of Wisconsin, and the United States of America, and to any
other property which might be otherwise exempt from the payment of
general property taxes under the provisions of § 70.11,
Wis. Stats.
B.Â
Service charges billing and collection. Service charges shall be
billed quarterly. A surcharge of 3% of the service charge, but not
less than $0.30, will be added to bills not paid within 20 days of
issuance.
C.Â
Industrial cost recovery, billing and collection.
(1)Â
Industrial cost recovery charges for each industrial user subject
to ICR shall be calculated based on the quantity and quality of the
industrial discharges contributed by such a user and on the size of
meter serving such a user as determined by the Village. The form of
ICR charge calculation is:
|
IC = (IV x IVR) + (IB x IBR) = (IS x ISR) + MR
|
|
Where:
| ||||
|
IC
|
=
|
Industrial cost recovery charge
| ||
|
IV
|
=
|
Volume of industrial discharge
| ||
|
IVR
|
=
|
ICR volume rate
| ||
|
IB
|
=
|
Quantity of BOD in the industrial discharge
| ||
|
IBR
|
=
|
ICR BOD rate
| ||
|
IS
|
=
|
Quantity of suspended solids in the industrial discharge
| ||
|
ISR
|
=
|
ICR suspended solids rates
| ||
|
MR
|
=
|
Meter rate
| ||
(2)Â
Users subject to ICR shall be billed not less than annually. The
annual period shall run from January 1 to December 31. All ICR payments
collected from the users subject to ICR shall be deposited in interest-bearing
accounts which are fully collateralized by obligations of the United
States government or by obligations fully guaranteed as to principal
and interest by the United States government or any agency thereof.
E.Â
Delinquent payments. Delinquent payments shall be collected in the
manner provided by § 66.0821, Wis. Stats.
A.Â
Notice of violation and special order of remedy. Any person found
in violation of this chapter or of any prohibition, limitation, or
requirement contained therein will be served with a written notice
stating the nature of the violation and issuing a special order for
the appropriate remedy thereof.
B.Â
Appeal procedure. Any person who objects to a notice of violation,
a special order or an ICR charge shall, upon request made to the Village
Board, be entitled to be heard by the Village Board with respect to
the objection.
C.Â
Penalties. A violation of any rule or order of the Village shall
be a public nuisance pursuant to § 823.01, Wis. Stats.,
and shall be abated and damages and costs recovered therefor in accordance
with § 66.0114, Wis. Stats. Any person who fails to comply
with a special order within the time specified shall be declared to
be a person creating a public nuisance enjoinable under Ch. 823, Wis.
Stats., and shall forfeit to the Village not less than $50 nor more
than $100 for each day such failure continues.[1]
D.Â
Falsifying of information. No person shall knowingly make any false statement, representation, record, report, plan or other document filed with the Village or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter. Any person who violates this provision shall be subject to the penalties imposed under Subsection C above.[2]
A.Â
Benefit to owners of adjacent property. The cost of material and
installation for both water and sewer mains, together with materials
and fixtures thereto, and all engineering and legal expenses shall
be assessed as a benefit to the owners of the adjacent property within
the Village, at the commencement of the project, and affected property
owners shall be billed for payment thereof. In the event of nonpayment,
such cost shall be added to the next tax roll and, until paid with
accrued interest at the same rate for taxes thereon, shall remain
a lien of the Village on such premises.
B.Â
Limits of extensions. All extensions of presently existing water
and sewer mains shall be to the far limits of the last lot to which
service is extended.
C.Â
Corner property assessments. Corner property owners, previously serviced
from an intersecting street, shall be assessed benefits as all other
property owners within the project area, except the short-side footage
shall be exempt and nonassessable.
D.Â
Exempt property. The cost of construction of exempt property shall
be added to the total cost of construction and shared by all property
owners benefited by the project.
A.Â
Trench fill. All new, replacements, or repairs of sewer or water
laterals installed within the improved portion of the street or highway
after completion of the main lines and surfacing of the road shall
be laid upon not less than eight inches of sand and the balance of
the trench to the surface level filled with sand.
