Village of Clyman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clyman as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 144.
Health and sanitation — See Ch. 219.
Property maintenance — See Ch. 325.
Subdivision of land — See Ch. 377.
Water — See Ch. 419.
Zoning — See Ch. 440.
[Adopted 7-11-2005]

§ 346-1 Title.

This article shall be known and may be cited as the "Clyman Wastewater Connection Fee Ordinance."

§ 346-2 Introduction and purpose.

Pursuant to the authority of § 66.0821(4)(a), Wis. Stats., wastewater fee enabling legislation, the purpose of this article is to establish the mechanism for the imposition of connection fees upon a new development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing wastewater treatment facilities which are necessary to accommodate land development. This chapter is intended to assure that new development bears an appropriate share of the cost or capital expenditures necessary to provide wastewater treatment facilities within the Village of Clyman and its service areas, as they are required to serve the needs arising out of land development.

§ 346-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities.
CONNECTION FEE
A fee to be collected upon approval of a building permit application or a change in water meter size.
DEVELOPMENT
Any man-made change to improved or unimproved real property, the use of any principal structure or land or any other activity that requires issuance of a permit for a new water meter or a change in water meter size.
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within the Village or its service areas or that result in nonresidential uses that create a need for new, expanded or improved public facilities within the Village or its service area.
PUBLIC FACILITIES
Facilities for collecting and treating sewage, facilities for collecting and treating stormwater and surface water, or facilities for pumping, storing, treating and distributing water. "Public facilities" does not include facilities owned by a school district.[1]
RESIDENTIAL EQUIVALENT UNIT (REU)
A unit of measure for connection fee equivalent to one residential dwelling unit. For purposes of this article, one residential equivalent is considered equal to the basic residential meter size of 5/8 inch or 3/4 inch.
SERVICE AREA
A geographic area delineated by the Village Board within which the Village provides public facilities.
SERVICE STANDARD
A certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure as specified by the Village Board.
VILLAGE
The Village of Clyman.
WWTP
The Wastewater Treatment Plant of the Village of Clyman.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 346-4 Payment of connection fees.

All required connection fees, unless expressly excepted in a section of this chapter, shall be paid in full upon approval of a building permit application or change in water meter size, whichever is applicable. Connection fee payments shall be assumed to be the responsibility of the owners of records at the time a building permit application is approved or a change in water meter size is requested. All fees will be paid in full to the Clyman Utility Commission prior to the commencement of any construction. Connection fee payment shall be made at the Village Hall.

§ 346-5 Appeals.

The payment of a connection fee imposed under this article as a condition of an approved building permit application or a change in water meter size may be contested as to the amount, collection or use of the connection fee to the Village Board, provided that the applicant files a written notice of appeal in the Village Clerk-Treasurer's office within 15 days of the approval of the building permit application or a change in water meter size upon which the connection fee is imposed. Such notice of appeal shall be entitled "notice of appeal of connection fee" and shall state the applicant's name, address, telephone number, address (if available) and legal description of the land development upon which the connection fee is imposed, and a statement of the nature of and reasons for the appeal. The Village Clerk-Treasurer shall schedule the appeal for consideration by the Village Board at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the applicant of the time, date and place of such meeting in writing by regular mail, deposited in the mail no later than at least three days before the date of such meeting. Upon review of such appeal, the Village Board may adjust the amount, collection or use of the connection fee upon just and reasonable cause shown.

§ 346-6 Connection fees.

A. 
The basis for the imposition of the WWTP connection fees is the Wastewater Facilities Plan report and its attachments as prepared by MSA, dated March 2005, for the WWTP and the "Wastewater Connection Charge Study" prepared by Virchow, Krause & Company, LLP in May 2005, both of which are on file with the Village Clerk-Treasurer at Village Hall.
B. 
In the interest of fairness and in an effort to better effectuate the purpose of this article, the Village has adopted a fee schedule, relating to the connection fees to be paid prior to the issuance of a permit for a new water meter or a change in water meter size, which is on file in the Village office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 346-7 Exceptions.

A. 
The following situations shall be exempted from payment of the connection fees:
(1) 
Alterations or expansion of an existing building where no additional or larger water meter connections are requested.
(2) 
The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water and/or sewer connections are requested and where the use is not changed.
(3) 
A change in water meter size shall not be exempted from payment of the connection fee; however, a credit shall be given for the current connection fee on the old meter size. For example, at the time of an application for a change from a five-eighths-inch meter to a one-inch meter, the connection fee would equal the current connection fee for a one-inch meter less the current connection fee for a five-eighths-inch meter.
(4) 
No connection fee shall be required, nor credited, for a change in water meter size that results in a decrease in meter size.
(5) 
Any developer/builder with an approved conditional use permit for non-single family residences as of the date of this article.
B. 
Any claim for exception must be made no later than the time of application for a permit for a new water meter or a change in water meter size. Any claim not so made shall be deemed waived.

§ 346-8 Review.

The connection fees contained herein shall be reviewed by the Village Board every two years.
[Adopted 6-21-2010 by Ord. No. 2010-006]

§ 346-9 Introduction and general provisions.

A. 
This article regulates the use of public and private sewers and drains and the discharge of waters and wastes into the public sewerage systems within the Village. It provides for and explains the method used for levying and collecting wastewater treatment service charges, sets uniforms requirements for discharges into the wastewater collection and treatment systems and enables the Village to comply with administrative provisions, and other discharge criteria which are required or authorized by the State of Wisconsin or federal law. Its intent is to derive the maximum public benefit by regulating the characteristics of wastewater discharged into the Village of Clyman sewerage system.
B. 
This article provides a means for determining wastewater volumes, constituents and characteristics, the setting of charges and fees, and the issuing of permits to certain users. Revenues derived from the application of this 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 ordinance, rules or 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 state statute shall be controlling.

§ 346-10 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
APPROVING AUTHORITY
The Village of Clyman, or its duly authorized committee, agent, or representative.
AMMONIA NITROGEN (NH3-N)
One of the oxidation states of nitrogen, in which nitrogen is combined with hydrogen in molecular form as NH3 or in ionized form as NH4. Quantitative determination of ammonia nitrogen shall be made in accordance with procedures set forth in "Standard Methods" or Chapter NR 149 of the Wisconsin Administrative Code.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter. Quantitative determination of BOD shall be made in accordance with procedures set forth in the most recent edition of "Standard Methods."
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the wall of the building and conveys it to the building sewer.
BUILDING SEWER
The extension from the public sewer or other place of disposal beginning outside the inner face of the building wall.
CHEMICAL ELEMENTS AND COMPOUNDS
That are typically found in wastewater and may be regulated by this article; these are as follows:
Ammonia nitrogen
NH3
Arsenic
As
Copper
Cu
Lead
Pb
Mercury
Hg
Nitrogen
N
Phosphorous
P
Phosphate
PO4
Zinc
Zn
COMMERCIAL USER
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 wastewater.
COMPATIBLE POLLUTANTS
Biochemical oxygen demand, suspended solids, phosphorus, ammonia, or pH, plus additional pollutants identified in the WPDES permit for the publicly owned treatment works receiving the pollutant if such works were designed to treat such additional pollutants to a substantial degree.
DOMESTIC WASTEWATER; NORMAL DOMESTIC STRENGTH WASTEWATER
Water-carried wastes normally discharging into the sanitary sewers from dwellings (including apartment houses and condominiums) and commercial establishments, free from stormwater and industrial waste. Domestic wastewater shall have a strength equal to or less than 250 mg/l BOD5, 250 mg/l suspended solids, and elemental phosphorus equal to or less than 12 mg/l.
EASEMENT
An acquired legal right for the specific use of property owned by another.
FLOATABLE OIL
Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection of treatment system.
GARBAGE
The residue from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food products and produce.
GROUND GARBAGE
The residue from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particulates will be no greater than 1/2 inch in any dimension and will be carried freely in suspension under normal flow conditions in sewers.
HOLDING TANK SERVICE AREA
The area outside the POTW's sewer service area, but inside or equal to the POTW's planning area where a contract has been developed for holding tank wastewater to be treated at the wastewater treatment facility.
INCOMPATIBLE POLLUTANTS OR WASTEWATER
Wastewater with pollutants of such a strength that will adversely affect or disrupt the wastewater treatment processes or effluent quality or sludge quality if discharged to the sewerage system facility.
INDUSTRIAL WASTE; INDUSTRIAL WASTEWATER
The wastewater from industrial process, trade, or business, as distinct from sanitary sewage, including cooling water and the discharge from sewage pretreatment facilities.
LICENSED DISPOSER
A person or business holding a valid license to do septage servicing under Ch. NR 113, Wis. Adm. Code.
MAY
Is permissible.
MUNICIPAL WASTEWATER
The wastewater of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water, and stormwater that may have entered inadvertently the sewerage system. Also termed "sewage."
NATURAL OUTLET
Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PARTS PER MILLION
A weight-to-weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
PERSON
Any and all persons, including any individual, firm, company, municipal or private corporations, association, society, institution, enterprise, government agency, or other entity.
pH
The logarithm of the reciprocal of 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 7 and a hydrogen ion concentration of 10.
PUBLIC SEWER
Any sewer provided by or subject to the jurisdiction of the Village of Clyman. It shall also include sewers within or outside the corporate boundaries that serve one or more persons and ultimately discharge into the Village's sanitary sewer system, even though those sewers may not have been constructed with Village funds.
PHOSPHORUS
The total phosphorus in wastewater, which may be present in any of three principal forms: orthophosphates, polyphosphates, and organic phosphates. Quantitative determination of total phosphorus shall be made in accordance with procedures set forth in "Standard Methods."
POTW
Publicly owned treatment works. It is used interchangeably with "wastewater treatment facility" (WWTF).
REPLACEMENT COSTS
All costs associated with establishing a fund to accumulate the necessary resources to replace equipment as required, to maintain capacity and performance during the design life of the facility. A separate segregated district replacement fund shall be established and used only for replacement of equipment.
RESIDENTIAL EQUIVALENT UNIT
The system whereby sewer user charges can be distributed amongst the different types of users on an equitable basis. The unit is use-based, and is established using a neutral parameter such as gallons of water used or volume of wastewater expected from a user.
RESIDENTIAL USER
Any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as "commercial user."
SANITARY SEWAGE
A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities, together with such groundwater, surface water, and stormwater as may have inadvertently entered the sewerage system.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with small quantities of groundwater, stormwater, and surface water that are not admitted intentionally.
SEPTAGE
The wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable rest rooms.
SEWAGE
The spent water of a community. The preferred term is "municipal wastewater."
SEWERAGE SYSTEM
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.
SEWER SERVICE AREAS
The areas presently served and anticipated to be served by a municipal wastewater collection system. State regulations (Ch. NR 121, Wis. Adm. Code) require that water quality management plans delineate sewer service areas of urban areas with a population of over 10,000. Approved facility plans contain less detailed sewer service areas for communities under 10,000 in population.
SEWER SERVICE CHARGE
A service charge levied on users of the wastewater collection and treatment facilities for payment of use-related capital expenses as well as the operation and maintenance costs, including replacement of said facilities.
SEWER SYSTEM
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 "sewerage collection system"; except that pumping units and pressurized lines for individual structures or groups of structures may be included as part of a sewer system when such units are cost effective and are owned and maintained by the sewerage owner.
SHALL
Is mandatory.
SLUG LOAD
Any substance release at a discharge rate and/or concentration which cause interference to wastewater treatment processes or plugging or surcharging of the sewer system.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Sewage, and Industrial Wastes" published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
Drain or sewer for conveying surface water, groundwater, or subsurface water of unpolluted water from any source.
STORMWATER RUNOFF
That portion of the rainfall that is collected and drained into the storm sewers.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods" and is referred to as nonfilterable residue.
UNPOLLUTED WATER
Water of quality equal 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.
USER
Any person who discharges or causes to be discharged, domestic wastewater, industrial discharges or any other wastewater into the public sewer system.
WASTEWATER FACILITIES
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.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, septage, industrial waste, and sludge. Sometimes used synonymously with "waste treatment facility," "wastewater treatment facility(ies) (WWTF)," or "publicly owned treatment works (POTW)."
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
The document issued by the State of Wisconsin Department of Natural Resources which establishes effluent limitations and monitoring requirements for a municipal wastewater treatment facility.

§ 346-11 Management, operation and control.

The management, operation, and control of the sewer system for the Village of Clyman shall be vested in the Village of Clyman Board; all records, minutes and all written proceedings thereof as well as all financial records shall be kept by the Village of Clyman Clerk/Treasurer.
A. 
Construction. The Village shall have the power to construct wastewater treatment facilities, transport facilities, and sewer lines for public use, and shall have the power to lay sewer pipes in and through the alleys, streets, and public grounds of the Village, and generally to do all such work as may be found necessary or convenient in the management of the sewer system. The Village shall have power by itself, its officers, agents, and servants, to enter upon any land for the purpose of making examination or supervise in the performance of its duties under this article, without liability therefore, and the Village shall have power to purchase and acquire for the Village all real and personal property which may be necessary for construction of the sewer system, or for any repair, remodeling, or additions thereto.
B. 
Maintenance of services. The owner shall maintain sewer service from the street main to the house and including all controls between the same, without expense to the Village, except when they are damaged as a result of negligence or carelessness on the part of the Village. All sewer services must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property. When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer service shall be installed for each building. Each new service shall conform to the requirements set forth in § 346-12 of this article.
C. 
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgment of the Village be necessary to the sewer system, and whenever, for any cause, an agreement for the purchase thereof cannot be made with the owner thereof, the Village shall proceed with all necessary steps to take such real estate easement, or use by condemnation in accordance with the Wisconsin Statutes an the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if federal funds are used.
D. 
Title to real estate and personalty. All property, real, personal, and mixed, acquired for the construction of the sewer system, and all plan, specifications, diagrams, papers, books and records connected therewith said sewer system, and all buildings, machinery, and fixtures pertaining thereto shall be the property of the Village.

§ 346-12 User rules and regulations.

A. 
General.
(1) 
The rules, regulations, and sewer rates of the Village hereinafter set forth shall be considered a part of the contract with every person, company or corporation who is connected to or uses the Village sewer system or wastewater treatment facility, and every such person, company or corporation by connecting with the sewer system or wastewater treatment facility shall be considered as expressing their assent to be bound thereby. Whenever any of said rules and regulations, or such others as the Village may hereafter adopt, are violated, the use or service shall be shut off from the building or place of such violation (even though two or more parties are receiving service through the same connection) and shall not be reestablished except by order of the Village and on payment of all arrears, the expenses and established charges of shutting off and putting on, and such other terms as the Village may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, the Village, furthermore, may declare any payment made for the service by the party or parties committing such violation to be forfeited and the same shall thereupon be forfeited. The right is reserved to the Village 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) 
The following rules and regulations for the government of licensed plumbers, sewer users and others are hereby adopted and established.
B. 
Plumbers. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe fitting work in connection with the sewer system without first receiving a license from the State of Wisconsin and obtaining permission from the Village. All service connections to the sewer main shall comply with State Plumbing Code.
C. 
Users.
(1) 
Mandatory hook-up.
(a) 
The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human occupancy, or in a block through which such system is extended, shall connect to the sewer within 10 days of notice, in writing, from the Village. Upon failure to do so, the Village 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 notice 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 Village stating that he or she cannot pay such amount in one sum and asking that it be levied in not to exceed 10 equal installments and that the amount shall be so collected with interest at the rate of 18% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to §§ 66.0715, Wisconsin Statutes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
This article ordains that the failure to connect to the sewer system is contrary to the minimum health standards of the Village and fails to assure preservation of public health, comfort, and safety of the Village.
(2) 
Septic tank prohibited. The maintenance and use of septic tanks, holding disposal systems within the area of the tanks and other private sewage disposal serviced by its sewer system are hereby declared to be a public nuisance and a health hazard. From and after the date and adoption of this article, the use of septic tanks, holding tanks or any private sewage disposal system within the area of the Village serviced by the sewerage system shall be prohibited.
(3) 
Application for sewer service. Every person desiring to connect to the sewer system shall file an application in writing to the Village on such forms as is prescribed for that purpose. Blanks for such applications will be furnished at the Clyman Village Hall. The application must state fully and truthfully all the wastes which will be discharged. The application must provide the complete, correct legal description of the property to be served.
(a) 
An application for disposal of industrial waste shall include:
[1] 
Estimated volume of waste;
[2] 
Variations in rate of discharge;
[3] 
Characteristics of waste; and
[4] 
Strength of waste.
(b) 
If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. A copy of Form 1, Village of Clyman Application/Contract Sewer Connection is located in Appendix A of this article.[2] Persons connected to the sewer system of the Village are referred to herein as "users."
[2]
Editor's Note: Said form is on file in the Village office.
(c) 
If it appears that the service applied for will not provide adequate service for the contemplated use, the Village may reject the application. If the Village approves the application, it shall issue a permit for service as shown on the application.
(4) 
Application for septage disposal. Septage shall not be accepted for discharge to the Village sewerage system or treatment facility.
(5) 
Connection charge. Persons attaching to a sewer main shall have the lateral from the sewer main installed at their own expense.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Tap permits. After sewer connections have been introduced into any building or upon any premises, no plumber shall make any alterations, extensions, or attachments, unless the party ordering such tapping or other work exhibits the proper permit for the same from the Village.
(7) 
User to keep in repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system.
(8) 
Backflow preventer: not required.
(9) 
Foundation drain, sump pump, and roof drain discharges to the sanitary sewer are prohibited. No foundation drains, sump pumps, roof drains, or catch basin drains are permitted to discharge to the sanitary sewer system. Stormwater and clearwater sources must be excluded from the sanitary sewer system.
(10) 
User use only. No user shall allow other persons or other services to connect to the sewer system through their lateral.
(11) 
Vacating of premises and discontinuance of service. Whenever premises served by the system are to be vacated, or whenever any person desires to discontinue service from the system, the Village must be notified in writing. The owner of the premises shall be liable for any damages to the property of the system other than through the fault of the system or its employees, representatives, or agents.
(12) 
User to permit inspection. Every user shall permit the Village 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, Wisconsin Statutes.
(13) 
Utility responsibility. It is expressly stipulated that no claim shall be made against the Village 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 of 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 Village, the Village shall, if practicable, give notice to each and every consumer within the Village affected by the shut off, the time when such service will be shut off.
(14) 
Excavations.
(a) 
In making excavations in streets or highways for laying service pipe or making repairs, the paving and the earth removed must be deposited in manner that will result in the least inconvenience to the public.
(b) 
No person shall leave any such excavation made in any street or highway open at any time without barricades; and during the night, warning lights must be maintained at such excavations.
(c) 
In refilling the opening, after the service pipes are laid, the earth must 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, ballast and paving, must be done so as to make the street as good, at least, as before it was disturbed, and satisfactory to the Village. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.
(15) 
Tapping the mains.
(a) 
No persons, except those having special permission from the Village or persons in their service and approved by them, will be permitted under any circumstances to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permits or order from the Village to ensure that new sewers and connections to the sewer system are properly designed and constructed.
(b) 
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 State Plumbing Code. Lateral connections to existing sewers shall be made with 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.
(16) 
Installation of house laterals.
(a) 
All service pipes (laterals) on private property will be installed in accordance with State of Wisconsin Administrative Code Ch. SPS 382, Design, Construction, Installation, Supervision, and Inspections of Plumbing, especially, § SPS 382.30, Sanitary Drain Systems.
(b) 
As required by § SPS 382.30(5), all laterals shall be inspected.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(17) 
Extensions. The Village shall extend sewer mains to a new person in accordance with the following charges and the following conditions:
(a) 
When an extension of a sewer main is required by the prospective user, said person shall make an application on such a form as is prescribed for that purpose for such an extension, in writing, to the Village by filing of such an application. The Village shall first determine the logical location of the next manhole or manholes. Next, the Village 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) 
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 in involved, the entire cost shall be divided among these users.
(c) 
In addition to the charge made as above provided to each lot, each user shall pay the full cost of the lateral from the main to their building.
(18) 
Septage acceptance location. Septage shall not be accepted for discharge to the Village sewerage system or treatment facility.
(19) 
Private systems prohibited. The maintenance and use of private sewage disposal systems within the area of the Village are hereby declared to be a public nuisance and a health hazard. The use of any private sewage disposal system within the boundaries of the Village serviced by the sewerage system shall be prohibited.
(20) 
Additional authority.
(a) 
The Village may at any time establish specific connection and lateral charges for any main not covered by other provisions in this article or when the Village has made an extension and the Village has failed to provide lateral or connection charges.
(b) 
It is further provided that the Village may amend or alter any connection or lateral charge after its establishment under the terms of this article or previous ordinance or resolutions.
(c) 
It is further provided that the Village may require a user to provide special waste treatment, pretreatment, pumping, grinding, or other practices, to be maintained at the user's expense, if the Village or its duly authorized representative determines the wastewater from that user merits such measures prior to discharge to the sewerage system and POTW.

§ 346-13 Regulations.

A. 
General discharge prohibitions. No discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or otherwise to the facilities of the Authority:
(1) 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the Village of Clyman wastewater facilities or wastewater treatment works. This includes, but is not limited to, gasoline, naphtha, fuel oil, lubricating oil, and benzene.
(2) 
Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system. This includes, but is not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, etc.
(3) 
Any wastewater having a pH less than 5.0 or higher than 10.0 or having any other corrosive property capable of causing damage, or hazard to structures, equipment, or personnel of the system.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in state or federal categorical pretreatment standards. A toxic pollutant shall include, but not be limited to, any pollutant identified in the toxic pollutant list set forth in Ch. NR 215 of the Wisconsin Administrative Code.
(5) 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
(6) 
Any substance which may cause the Village of Clyman effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(7) 
Any substance which will cause the Village of Clyman to violate its WPDES and/or other disposal system permits.
(8) 
Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(9) 
Any wastewater having a temperature which will inhibit biological activity in the Village of Clyman treatment works resulting in interference; but in no case, wastewater with a temperature at the introduction into the publicly owned treatment works which exceeds 40° C.(104 ° F.).
(10) 
Any slug load, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the publicly owned treatment works.
(11) 
Any unpolluted water, including, but not limited to, noncontact cooling water.
(12) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as exceed limits established by the Authority in compliance with applicable state or federal regulations.
(13) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(14) 
Any stormwater, surface water, groundwater, roof runoff or surface drainage or any other connections from inflow sources to the sanitary sever. Such waters may be discharged to a storm sewer or other waterway with permission of the Village.
(15) 
Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
(16) 
Any septage into a sewer manhole or any storage area located in the collection system which would cause the septage to be delivered to the wastewater treatment facility.
(17) 
Any water or wastes which may contain more than 100 parts per million by weight of fat, oil, or grease.
B. 
Limitations on wastewater strength.
(1) 
National categorical pretreatment standards. National categorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency shall be met by all dischargers of the regulated industrial categories.
(2) 
State requirements. State requirements and limitations on discharges to the publicly owned treatment works shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance.
(3) 
Right of revision. The Authority reserves the right to amend this article to provide for more stringent limitations or requirements for discharges to the publicly owned treatment works where deemed necessary to comply with the objectives set forth in this article.
(4) 
Dilution. No discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this article.
(5) 
Accidental discharges.
(a) 
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the authority for review, and shall be approved by the authority before construction of the facility. Review and approval of such plans and operating procedures by the authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this article.
(b) 
Dischargers shall notify the Authority immediately upon the occurrence of a slugload, or accidental discharge of substances prohibited by this article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the Village of Clyman wastewater facilities or wastewater treatment works, in addition to the amount of any fines imposed on the authority on account thereof under state or federal law.
(c) 
Signs shall be permanently posted in conspicuous places on discharger'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 procedure.

§ 346-14 Sewer user charge system.

A. 
Definitions. The following terms shall have the following meaning under this article:
DEBT SERVICE CHARGES
Includes all costs associated with repayment of debts incurred for the construction and/or rehabilitation of wastewater collection system and treatment facility.
NORMAL DOMESTIC STRENGTH WASTEWATER
Wastewater with concentrations of BOD5 and suspended solids no greater than 250 and 250 milligrams per liter (mg/l), respectively. (NOTE: Milligrams per liter shall be determined for each treatment plant individually.)
NORMAL USER
A user whose contributions to the sewerage system consist only of normal domestic strength wastewater originating from a house, apartment, flat, or other living quarters occupied by a person or person constituting a distinct household, business or commercial enterprise.
OPERATION AND MAINTENANCE COSTS
Includes all costs associated with the operation and maintenance of the wastewater collection and treatment facilities.[1]
REPLACEMENT COSTS
Includes all costs necessary to accumulate the resources to replace equipment as required to maintain capacity and performance during the design life of the facility. (NOTE: Replacement - The design life of the facility is 20 years.) A separate segregated distinct replacement fund shall be established and used for only replacement of equipment.
SEWER SERVICE CHARGE
A service charge levied on users of the sewerage system for payment of capital expenses as well as the operation and maintenance costs, including replacement of said facilities.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Policy. It shall be the policy of the Village of Clyman to obtain sufficient revenues to pay the costs of the operation and maintenance of the sewerage facilities, including a replacement fund (i.e., a cash account to be used for future expenditures for obtaining or installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance of the sewerage system during the service life for which such facilities were designed and constructed), through a system of sewer service charges as defined in this section. The system shall assure that each user of the sewerage system pays their proportionate share of the cost of such facilities.
C. 
Basis for service charge.
(1) 
The minimum monthly billing (NOTE: A portion of the debt service may be budgeted by levying an ad valorem tax in accordance with state statutes. Operation, maintenance and replacement costs cannot be put on the ad valorem tax base unless the municipality had an ad valorem tax base before December 1977.) shall be sufficient to pay the billing and customer-related administration expenses. The unit price per volume shall be sufficient to pay the remaining annual cost of operation and maintenance, including any replacement fund, of the sewerage facilities. The method for determining the user charges is given in the user charge system. The Village has provided the initial estimates of number of users, costs, etc., to calculate the first year's user charges. See samples following the methodology of the rates in this section. (NOTE: This is only a suggested method. Other methods may be utilized.)
(2) 
The rates in this article shall be reviewed not less than annually. Such review shall be performed by the Village and the rates shall be adjusted, as required, to reflect actual number and size of users and actual costs.
D. 
Sewer service charges. A sewer service charge is hereby imposed upon each lot, parcel of land, building, or premises served by the public sewer and wastewater facilities or otherwise discharging sewage, including industrial wastes, into the public sewerage system. Such sewer service charge shall be payable as hereinafter provided and in amount determinable as follows:
(1) 
Category A is defined as normal or domestic strength wastewater having organic concentrations of biochemical oxygen demand (BOD5) no greater than 250 milligrams per liter (mg/L) and suspended solids no greater than 250 milligrams per liter (mg/L). The sewer service charge for Category A wastewater is as follows:
Customer Sewer Service Charge Per Year With One Customer on Each Meter
V.C. - C.V. x V.
V.C.
Total volumetric charge
V.
Total volume of water used during billing period in units of 1,000 gallons.
CV.
Volume unit price - $11.37 per 1,000 gallons.
Note: The conversion factor used to convert gallons to cubic feet is 7.48 gallons per cubic foot.
$1.74 is for operation and maintenance
$0.76 is for replacement costs.
$8.87 is for debt retirement costs.
(2) 
Monthly service charges. The fee schedule of monthly service charges is on file in the Village office.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 346-15 Payment for charges.

A. 
Payment and penalty. The sewerage service charge shall be for the corresponding period of the water bills, and shall be payable to the Village not later than 20 days after the end of each period. A penalty of 5% per month shall be added to all bills not paid by the date fixed for final payment.
B. 
Charges a lien. All sewage charges shall be a lien upon the property serviced pursuant to § 66.0821, Wisconsin Statutes, and shall be collected in the manner therein provided.
C. 
Disposition of revenue. The amounts received from the collection of charges authorized by this article shall be credited to a sanitary sewerage account which shall show all receipts and expenditures of the sewerage system. When appropriated by the Village, the credits to the sanitary sewerage account shall be available for the payment of the requirements for operation, maintenance, repairs, and depreciation of the sewerage system consistent with § NR 162.11, Wis. Adm. Code. Any surplus outside the preview of § NR 162.11 in said account shall be available for the payment of principal and interest of bonds issued and outstanding, or which may be issued, to provide funds for said sewerage system, or part thereof, and all or a part of the expenses for additions and improvements and other necessary disbursements or indebtedness, and the Village may resolve to pledge each surplus or any part thereof for any such purpose. All present outstanding sewer system general obligation bonds, including the refunding bonds, shall be paid from this fund as to both principal and interest.
D. 
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 Village to equalize local capital costs. Such additional charges shall result in a minimum charge for each user according to the schedule for debt repayment from utility revenues. Such additional charges shall be added to the sewer bill for each billing period. (NOTE: These costs may be charged differently as each community determines on a case by case basis.)
E. 
Excess revenues. Excess revenues collected from a user class will be applied to operation and maintenance costs attributable to that class for the next year.

§ 346-16 Annual audit.

The Village shall have conducted an independent annual audit, the purpose of which shall be to maintain the proportionality between users and user classes of the user charge system and to ensure that adequate revenues are available relative to increasing operation, maintenance and replacement costs and debt retirement. The findings and recommendations of this audit shall be available for public inspection at the Village Hall upon a request being made in writing to the Village Clerk-Treasurer.

§ 346-17 Violations and penalties.

A. 
Damages. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure of pertinence of equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
B. 
Written notice of violation. Any person connected to the sewerage system found to be violating a provision of this article shall be served by the Village with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
C. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewerage system which causes damage to the sewerage system and/or receiving water body shall, in addition to a fine, pay the amount to cover all damages, both of which will be established by the Village.
D. 
Accidental discharge reporting. Any person responsible for an accidental discharge, that may have a detrimental impact on the sewerage system, shall immediately report the nature and amount of the discharge to Village.
E. 
Continued violations. Any person, partnership, or corporation, or any officer, agent, or employee thereof, who shall continue any violation beyond the aforesaid noticed time limit provided, shall, upon conviction thereof, forfeit not less than $500, together with the cost of prosecution per violation. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the county jail for a period not to exceed 20 days. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Liability to Village for losses. Any person violating any provision of this article shall become liable to the Village for any expense, loss, or damage occasioned by reason of such violation which the Village may suffer as a result thereof.
G. 
Damage recovery. The system shall have the right of recovery from all persons, any expense incurred by said system for the repair or replacement of any part of the sewerage system damaged in any manner by any person by the performance of any work under their control, or by any negligent acts.
H. 
Penalties. Any person who shall violate any of the provisions of this article or rules or regulations of the Village 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, Wisconsin Administrative Code, or any other materials which are incorporated by reference, shall, upon conviction thereof, forfeit not less than $500 and the costs of prosecution. This, however, shall not bar the Village from enforcing the connection duties set out in § 346-12C for mandatory hookup.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Appeal procedures. Any user, affected by any decision, action, or determination, including cease and desist orders, made by the interpreting or implementing provisions of this article may file with the Village 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 Village shall render a decision on the request for reconsideration to the user in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the Village is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the Dodge County Circuit Court.

§ 346-18 Amendments.

The Village, through its duly qualified governing body, may amend this article in part or in whole whenever it may deem necessary.