A.
Purpose. This article sets forth uniform requirements for discharges
into the City wastewater facilities and enables the City to protect
the public health in conformity with all applicable local, state and
federal laws relating thereto. The purpose of this article is:
(1)
To assure proper design and construction of all connections to the
City wastewater facilities.
(2)
To prevent the introduction of pollutants into the City wastewater
facilities which will interfere with the normal operation of the facilities
or contaminate the resulting treatment works sludge.
(3)
To prevent the introduction of pollutants into the wastewater facilities
which do not receive adequate treatment in the City treatment works,
and which will pass through the system into receiving waters or the
atmosphere or otherwise be incompatible with the facilities.
B.
Authority. This article is adopted under the authority granted by
§§ 62.18, 62.185 and 66.0821, Wis. Stats.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter or pounds.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer
beginning five feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal. Also called "house connection."
A sewer intended to receive both wastewater and storm or
surface water.
Biochemical oxygen demand, suspended solids, pH or fecal
coliform bacteria plus additional pollutants identified in the WPDES
permit for the City's wastewater treatment works if such works
were designed to treat such additional pollutants and, in fact, does
remove such pollutants to a substantial degree.
A sampling consisting of portions of a waste taken in proportion
to the volume of the flow of said waste.
Wisconsin Department of Natural Resources.
Wastewater discharged from sanitary conveniences which contains none of the prohibited discharges set forth in § 345-12 of this article.
An acquired legal right for a specific use of land owned
by others.
United States Environmental Protection Agency.
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 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.
Any nongovernmental, nonresidential user of the public sewer
system which discharges more than the equivalent of 25,000 gallons
per day and which is further defined in Wis. Adm. Code NR 110.03.
An industrial or commercial facility that is a discharger
to the public wastewater facilities and:
Has a waste discharge flow of 50,000 gallons or more per average
workday;
Has a waste discharge flow greater than 5% of the flow carried
by the public system receiving the waste;
Has in its waste a toxic pollutant in toxic amounts, as defined in Wis. Adm. Code NR 215 or in § 345-12 of this article; or
Has a waste which the City or the DNR determines has or, in
the case of a new source, will have a significant impact, either singly
or in combination with other wastes, on the City wastewater treatment
works or on the quality of effluent from such works.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen-ion concentration of 10-7.
The treatment of wastewaters to remove or reduce the quantity
of one or more pollutants prior to discharge to the City wastewater
treatment works.
The wastes 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
public sewers with no particle greater than one inch (1.27 centimeters)
in any dimension.
A publicly owned sewer.
The expenditures for obtaining and installing equipment,
accessories or appurtenances which are necessary during the useful
life of the treatment works to maintain the capacity and performance
for which such works were designed and constructed.
A sewer that carries liquid- and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground, storm and surface waters
that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
causes the capacity of a public sewer to be exceeded or which adversely
affects the operation of the sewage treatment plant.
The examination and analytical procedures set forth in the
latest addition of Standard Methods For the Examination of Water and
Wastewater, as prepared, approved and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation, and is in compliance with Federal
Regulations 40 CFR 136, "Guidelines Establishing Test Procedures for
Analysis of Pollutants."
A sewer for conveying water, subsurface water or unpolluted
water from any source.
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 for the Examination of Water and Wastewater" and referred
to as nonfilterable residue.
Water of 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.
The amount charged to a user for sewer services and includes
operation and maintenance costs and replacement costs.
A particular group of users with similar discharges.
The spent water of the community. From the standpoint of
source, it may be a combination of the liquid- and water-carried wastes
from residences, commercial buildings, industrial plants and institutions
together with any groundwater, surface water and stormwater that may
be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant" or "publicly owned treatment works."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
The permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System, pursuant to Ch. 283, Wis.
Stats.
A.
Unsanitary deposits prohibited. 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 City or in any area under
the jurisdiction of said City any human or animal excrement, garbage
or objectionable waste.
B.
Discharge to natural outlet. It shall be unlawful to discharge to
any natural outlet within the City or in any area under the jurisdiction
of the City any wastewater or other polluted waters, except where
suitable treatment has been provided, in accordance with subsequent
provisions of this article.
C.
Private waste disposal systems. Except as hereinafter provided, it
shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool or other facility intended or used for the disposal
of wastewater.
D.
Required connection to wastewater facilities. The owner of any house,
building or property used for human occupancy, employment, recreation
or other purpose, situated within the City and abutting on any street,
alley or right-of-way in which there is now located, or may, in the
future, be located a public sewer of the City is hereby required,
at the owner's expense, to install suitable sanitary conveniences
therein, and to connect such facilities directly with the proper public
sewer, in accordance with the provisions of this article, within 90
days after date of official notice to do so.
A.
Allowance of private disposal system. Where a public sanitary sewer is not available under the provisions of § 345-9D of this article, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.
Permit. Before commencement of construction of a private wastewater
disposal system, the owner shall first obtain a written permit. The
application for such permit shall be made on a form furnished by the
Clerk-Treasurer which the applicant shall supplement by any plans,
specifications and other information as are deemed necessary by the
City. A permit and inspection fee, in an amount as set from time to
time by resolution of the Common Council, shall be paid to the City
at the time the application is filed.
[Amended 4-14-2015 by Ord. No. 233]
C.
Inspection. A permit for a private wastewater disposal system shall
not become effective until the installation is completed to the satisfaction
of the City. A representative of the City shall be allowed to inspect
the work at any stage of construction and, in any event, the applicant
for the permit shall notify the representative when the work is ready
for final inspection and before any underground portions are covered.
The inspection shall be made within 24 hours of the receipt of notice.
D.
Compliance with state and local codes. The type, capacities, location
and layout of a private wastewater disposal system shall comply with
all recommendations of the appropriate administrative codes of the
state and be approved by the Wisconsin Department of Safety and Professional
Services. No permit shall be issued for any private wastewater disposal
system employing subsurface soil absorption facilities where the area
of the lot is less than 20,000 square feet. No septic tank or cesspool
shall be permitted to discharge to any natural outlet.
[Amended 4-14-2015 by Ord. No. 233]
E.
Availability of public sewer. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 345-9D of this article, a direct connection shall be made to the public sewer within 90 days in compliance with this article and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with clean bank-run gravel or sand.
F.
Operation of private disposal systems. The owner shall operate and
maintain the private wastewater disposal facilities in a sanitary
manner at all times at no expense to the City. Sludge removal from
private disposal systems is to be performed by licensed operators
and disposed of in a manner approved by the DNR. Sludge removal shall
be no less frequent than once every three years.
G.
Additional requirements. No statement contained in this section shall
be construed to interfere with any additional requirements that may
be imposed by the City.
A.
Permit required.
(1)
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit. There shall be two
classes of building sewer permits, as follows:
(2)
In either case, the owner or his agent shall make application on
a special form furnished by the City. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the City. A permit and inspection
fee in an amount as set from time to time by resolution of the Common
Council for a residential or commercial building sewer permit or a
fee for an industrial building sewer permit shall be paid to the City
at the time the application is filed.
[Amended 4-14-2015 by Ord. No. 233]
B.
Owner's cost. All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the City from any loss or damage that may
directly or indirectly be occasioned by the installation of the building
sewer.
C.
Separate building sewers. A separate and independent building sewer
shall be provided for every building.
D.
Existing building sewers. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test,
to meet all requirements of this article.
E.
Construction and materials. The size, slope, alignment, materials
of construction of a building sewer and the methods to be used in
excavating and the placement of the pipe, jointing, testing and backfilling
the trench shall all conform to the requirements of the Wisconsin
Administrative Code.
[Amended 4-14-2015 by Ord. No. 233]
F.
Depth of building sewer. Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
building drain shall be lifted by an approved means and discharged
to the building sewer.
G.
Exclusion of unpolluted water. No person shall make connection of
roof downspouts, foundation drains, areaway drains or other inflow
sources of surface runoff or groundwater to a building sewer or building
drain which, in turn, is connected directly or indirectly to a public
sanitary sewer unless such connection is approved by the City for
purposes of disposal of polluted surface drainage.
H.
Connection of building sewer. The connection of the building sewer
into the public sewer shall conform to the requirements of the Building
and Plumbing Codes or other applicable rules and regulations of the
City and the state. All such connections shall be made gastight and
watertight and verified by proper testing. Any deviation from the
prescribed procedures and materials must be approved by the City before
installation.
I.
Inspection. The applicant for the building sewer permit shall notify
the proper representative of the City when the building sewer is ready
for inspection and connection to the public sewer. The connection
and testing shall be made under the supervision of said representative.
J.
Excavation. All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the City.
K.
Connection of sanitary sewer. Any person desiring to connect a sanitary
sewer other than a building sewer to a public sewer shall make application
to the City in writing. 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 new sewers and connections to the public sewer system shall be
properly designed and constructed and shall be subject to the lawful
rules and regulations of the City. 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 of the property for which such connection is desired. Upon completion
and City acceptance of the project for which the connection is desired,
all of the facilities constructed, other than the building sewers,
shall be conveyed to the City free and clear of any liens, and the
City shall assume the responsibility for the operation and maintenance
of said facilities thenceforth.
L.
Sanitary sewers. Design and construction of sanitary sewers and their
connection to the public sewers shall be under the direction of a
licensed professional engineer authorized by the owners of the property
or the City's engineer if requested by the owner. 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 costs of
such engineering shall be the responsibility of the owner. The owner
of the property shall notify the proper representative of the City
when the sewer is ready for inspection and connection to the public
sewer. The connection and testing shall be inspected by the representative.
A.
General prohibited discharges. No person shall discharge wastes to
a City sewer which cause or are capable of causing, either alone or
with other substances:
(1)
A fire or explosion.
(2)
Obstruction of flow or damage to the wastewater facilities.
(3)
Danger to life or safety of persons.
(4)
Air pollution, as defined in § 285.01(3), Wis. Stats.
(5)
Prevention of effective maintenance or operation of the wastewater
facilities.
(6)
Any product of the City treatment processes or any of the City's
residues, sludges or scums to be unsuitable for reclamation and reuse
or to interfere with reclamation processes.
(7)
A detrimental environmental impact, a nuisance or any condition unacceptable
to any public agency having regulatory jurisdiction over the City.
(8)
Any sanitary sewer or the City wastewater facilities to be overloaded.
(9)
Excessive City collection and treatment costs or use of a disproportionate
share of the City facilities.
(10)
A violation of the City WPDES permit.
B.
Specific prohibited discharges. Prohibited discharges shall include,
but not be limited to:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
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)
Any waters or wastes having a pH lower than 5.0 or higher than 10
or having any other corrosive property capable of causing damage or
hazard to structures, equipment or operating personnel.
(4)
Solids 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, milk containers, either whole or ground by garbage grinders.
(5)
Any wastewater from industrial plants containing floatable oils,
fats or greases.
(6)
Any wastewater which contains organo-sulfur or organo-phosphate pesticides,
herbicides or fertilizers.
(7)
Any garbage that has not been properly shredded. (See § 345-8 of this article.) Garbage grinders may be connected to sanitary sewers from homes, institutions, restaurants, hospitals, catering establishments 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.
(8)
Any water or wastes containing odor-producing substances exceeding
limits which may be established by the City.
(9)
Any substance with objectional color not removed in the treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions.
C.
Prohibitions on unpolluted water discharges. No person shall discharge
or cause to be discharged any unpolluted waters such as stormwater,
groundwater, roof runoff, subsurface drainage or cooling water to
any sewer, except stormwater runoff from limited areas, which stormwater
may be polluted at times, may be discharged to the sanitary sewer
by written permission of the City.
D.
Discharge of unpolluted water. Stormwater other than that exempted under Subsection C above, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the City and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged on approval of the City or other regulatory agency to a storm sewer, combined sewer or natural outlet.
E.
Limitations related to treatment plant influent. Discharge to the
City wastewater facilities of the following described substances,
materials, waters or waste shall be limited to concentrations of 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)
Liquid having a temperature higher than 65° C. (150° F.)
(2)
Wax, grease, oil, plastic or any other substance that solidifies
or becomes discernibly viscous at temperatures between 32° F.
and 150° F. and 10° C. and 65° C.
(3)
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)
Wastewater containing more than 25 milligrams per liter of petroleum
oil, nonbiodegradable cutting oils or products of mineral oil origin.
(5)
Wastewater containing more than 100 mg/l of oil or grease of animal
or vegetable origin.
(7)
Wastewater which contains in excess of:
|
1.0 mg/l aluminum
| |
|
0.02 mg/l cadmium
| |
|
0.2 mg/l copper
| |
|
0.2 mg/l lead
| |
|
2.0 mg/l mercury
| |
|
0.3 mg/l selenium
| |
|
0.04 mg/l silver
| |
|
0.5 mg/l total chromium
| |
|
2.0 mg/l zinc
|
(8)
Materials which exert or cause unusual BOD, chemical oxygen demand
or chlorine requirements in such quantities as to adversely affect
the operation of the sewage treatment works.
(9)
The City may change the requirements established in the regulations
above, if necessary, to meet the objectives of this article or the
requirements of government agencies.
F.
Limitations related to treatment plant effluent. No person shall
discharge any waters or wastes containing substances which are not
amenable to treatment or reduction by the wastewater treatment processes
employed, or amenable to treatment only to such a degree that the
sewage treatment plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
G.
Accidental discharge of prohibited wastewater. All dischargers shall
provide protection from accidental discharge of prohibited or regulated
materials or substances established by this article. Dischargers shall
notify the City immediately upon the occurrence of an accidental discharge,
including the location of the discharge and the type, concentration
and volume of the discharge. Within 15 days of the discharge, a detailed
written statement describing the cause of the discharge and the measures
taken to prevent future occurrences shall be submitted to the City.
The dischargers shall be liable for any expense, loss or damage to
the treatment works caused by the discharge in addition to any forfeitures
imposed by the City pursuant to this article.
H.
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.
I.
Alternatives to acceptance of wastewater. If any waters or wastes are discharged or are proposed to be discharged to the City sewers in excess of those limitations enumerated in Subsections E and F above, or other substances not enumerated, and which, in the judgment of the City, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may:
J.
Pretreatment. Major contributing industries, as defined in § 345-8 of this article, shall pretreat their discharges pursuant to this article and Wis. Adm. Code NR 211, and industrial dischargers, as defined in § 345-8, shall pretreat their discharges when required by the City. The construction, operation and maintenance of all pretreatment facilities shall be at the expense of the discharger.
K.
Sand and grease interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection E above, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the City. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
L.
Discharge of holding tank wastes. No person shall discharge holding tank wastes (See § 345-8 of this article.) directly into a manhole or other opening in a City sewer. Holding tank wastes shall be discharged as directed by the City at the treatment works. The City shall determine appropriate charges for such discharges.
M.
Special agreements. No statement contained in this article shall
be construed as preventing any special agreement or arrangement between
the City and a user whereby a waste of unusual strength or character
may be accepted by the City for treatment.
A.
Monitoring facilities. Wastewater characteristics and constituents
of all major contributing industries shall be monitored to determine
compliance with this article. To facilitate this monitoring, the discharger
shall construct monitoring facilities at the owner's expense
and shall maintain these facilities in a safe and accessible condition
at all times. The monitoring facilities shall be installed in accordance
with plans approved by the City. Any discharger may be required by
the City to monitor its discharge to determine compliance with this
article. If such monitoring shows that the discharger is a major contributing
industry due to the nature of its discharges, the City may require
monitoring facilities to be installed. Such monitoring facilities
shall be installed within 90 days after written notice is given by
the City. Monitoring facilities shall contain the necessary meters
and equipment to facilitate the observation, sampling and measurement
of wastes and be appropriate for the specific items requiring monitoring.
The requirements of this section may be waived upon special written
permission of the City.
B.
Powers and authority for inspection and sampling.
(1)
The officials or other duly authorized employees of the City bearing
proper credentials and identification shall be permitted to enter
all properties for the purposes of inspection, observation, measurement,
sampling and testing pertinent to discharge to the City wastewater
facilities in accordance with the provisions of this article.
(2)
The officials or other duly authorized employees are authorized to
obtain information concerning industrial processes which have a direct
bearing on the kind and source of discharge to the wastewater collection
system. The industry may withhold information considered confidential.
The industry must establish that the revelation to the public of the
information in question might result in an advantage to competitors.
(3)
While performing the necessary work on private properties referred to above, the official or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to City officials or employees, and the City shall indemnify the company against loss or damage to its property by the City officials or employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions, as required in Subsection A above.
(4)
The officials and other duly authorized employees of the City bearing
proper credentials and identification shall be permitted to enter
all private properties through which the City holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
wastewater facilities lying within said easement. All entry and subsequent
work, if any, on said easement shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
C.
Reporting requirements.
(1)
The City may require a discharger to provide information concerning,
but not limited to:
(a)
Volume, time and peak rate of discharges.
(b)
Chemical analysis of discharges.
(c)
Raw materials, processes and products relevant to discharge
characteristics.
(d)
Discharges of specific wastes such as sludge, oil, solvent or
incompatible pollutants.
(e)
Plot plans of sewers on the discharger's property showing
locations of sewers, monitoring facilities and pretreatment facilities.
(f)
Details of pretreatment facilities.
(g)
Details of systems to prevent losses of materials through spills
to the City sewers.
(2)
Each major contributing industry shall submit to the City by the 15th of March each year a report on the quality and quantity of its industrial discharges. The report shall be a copy of the form required by Wis. Adm. Code NR 101 and shall contain analyses for compatible pollutants, e.g., BOD, SS, pH, and for all incompatible pollutants listed in § 345-12E(7) and F unless the discharger has obtained specific exemption from reporting certain constituents.
(3)
If any major contributing industry discharges incompatible pollutants
which require pretreatment prior to discharge to the City wastewater
system, the quality and quantity of the discharge shall be reported
to the City quarterly by March 15, June 15, September 15 and December
15.
(4)
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)
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 City.
(6)
All dischargers required to report under this section shall retain
and preserve, for no less than three years, any records, books, documents,
memorandums, reports, correspondence and any and all summaries thereof
relating to monitoring, sampling and chemical analysis made by or
on behalf of the discharger in connection with its discharge.
(7)
All records which pertain to matters which are the subject of enforcement
or litigation activities brought by the City pursuant to this article
shall be retained and preserved by the discharger until all enforcement
activities have concluded and all periods of limitations with respect
to any and all appeals have expired.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the wastewater facilities. Any person
violating this provision shall be subject to immediate arrest under
charge of criminal damage to property or other appropriate charge.
A.
Establishment of revenue system. A sewer service charge shall be
assessed to all users by the City in accordance with the provisions
of this section.
B.
Sewer service charges. Sewer service charges shall be established
so that revenues collected cover debt service costs, operation and
maintenance expenses and replacement costs, except that the City may
use ad valorem taxes to cover any portion of the debt service costs.
The sewer service charges established shall be such that all users
shall pay a proportionate share of the cost of service based on actual
use. As long as a user contributes more than 300 mg/l of BOD or suspended
solids, the sewer service charges shall be based on a volume parameter
and a customer parameter. If any user contributes more than 300 mg/l
of BOD and suspended solids, the sewer service charges shall be based
on a volume parameter, a BOD parameter, a suspended solids parameter
and a customer parameter.
C.
User charges. The user charges are a part of the sewer service charges
and include operation expense, maintenance expense and replacement
costs.
D.
Additional charges. Additional charges shall be billed to the user
to which they apply:
(1)
Actual costs incurred for monitoring and sampling performed by the
City or agents of the City for the purpose of verifying wastewater
concentrations or establishing quantities for billing purposes.
(2)
Actual costs incurred for user-requested monitoring and sampling.
(3)
Actual costs incurred for monitoring and sampling performed by the
City or agents of the City for the purpose of determining compliance
with the sewer use requirements of this article.
(4)
Actual costs incurred for monitoring and sampling or other services
performed by the City or agents of the City relative to any pretreatment
facilities.
(5)
Any increased costs of managing the effluent or the sludge at the
wastewater treatment facilities due to a user's discharge of
toxic or other incompatible pollutants.
(6)
Actual costs incurred for handling a user's check returned for
insufficient funds.
(7)
Actual costs incurred for special handling not provided for elsewhere
in this article.
E.
Budget and rate setting. The Water and Sewer Committee shall annually
prepare an estimate of anticipated costs and set the sewer service
rates. These estimates and rates shall be submitted to the Common
Council for approval. The sewer service rates may be adjusted more
than once annually if required by changes in expenses or collections.
F.
Parameters. The sewer service charges shall be established using the parameters, as outlined in Subsection B above. All costs shall be allocated to these parameters in a logical and reasonable manner. A definition of each parameter is as follows:
(1)
Volume. The volume parameter is that portion of the costs that is
related to flow.
(2)
BOD. The BOD parameter is that portion of the costs that are related
to the removal of BOD. The BOD parameter will be equated to a volume
charge for all users discharging domestic strength waste (less than
300 mg/l BOD).
(3)
Suspended solids. The suspended solids parameter is that portion
of the costs that is related to the removal of suspended solids. The
suspended solids parameter will be equated to a volume charge for
all users discharging domestic strength waste (less than 300 mg/l
SS).
(4)
Customer. The customer parameter is that portion of the costs that
is customer related such as meter reading, billing and other administrative
costs. These costs will be divided equally among all users.[1]
[1]
Editor's Note: Original Sec. 13.29(7), Volume determination,
which immediately followed this subsection, was repealed 4-14-2015
by Ord. No. 233.
G.
BOD and suspended solids determination. All residential users and
other users discharging domestic strength waste (300 mg/l SS) shall
be assumed to discharge domestic strength waste. The BOD and suspended
solids concentrations for all other users will be determined by monitoring
and sampling or by published estimates for the user type if agreed
upon by the user and the City.
H.
Infiltration/inflow. The costs for treating infiltration/inflow shall
be distributed equally among all users or on the basis of flow.
I.
Replacement fund. A replacement fund shall be established for the purpose of replacement as defined in § 345-8 of this article. This fund shall be a separate and distinct fund and used exclusively for replacement.
J.
User classes.
(1)
The City shall establish user classes and each user shall be placed
in the appropriate class. A user class shall be made up of users that
have similar discharges and/or are similar in character. User classes
shall be, but are not limited to, the following:
(a)
Residential. All single or multifamily dwelling units whose
main purpose is to provide housing for individual family units and
whose wastewater flow is less than 25,000 gallons per day.
(b)
Commercial. All private establishments such as restaurants,
hotels, retail and wholesale stores, filling stations and industries
with a daily wastewater flow of less than 25,000 gallons, and all
private, nonprofit entities such as churches, schools, hospitals and
charitable organizations with a daily wastewater flow less than 25,000
gallons.
(c)
Industrial. All users that are defined as an industrial user according to § 345-8 of this article.
(d)
Public. Any user such as a governmental unit, including such
users as public schools and municipal facilities.
(2)
Each user class shall pay a proportionate share of the sewer service
costs. Any excess user charges from a user class shall be applied
to the costs of operation and maintenance attributable to that class
the next year and the user charge rate shall be adjusted accordingly.
K.
Recordkeeping system. The City shall maintain an adequate recordkeeping
system to implement the user charges pursuant to this article and
to show compliance with 40 CFR Subpart E.
A.
Sewer service charge system. The sewer service charge rate shall
be calculated as outlined in Attachment A, Sewer Service Charge System,
a copy of which is on file in the Clerk-Treasurer's office and
is incorporated herein by reference.
B.
Rates. The sewer service charge rate shall be applied to all users
of the wastewater system. Water and sewer rates are on file in the
Clerk-Treasurer's Office. A surcharge shall be added for all customers
discharging more than 300 mg/l of BOD or suspended solids over 300
mg/l. Surcharge rates are on file in the Clerk-Treasurer's Office.
[Amended by Ord. No. 169, effective 4-1-1997; 4-14-2015 by Ord. No. 233
User charges for sewer service shall be billed quarterly. The
bills shall be mailed following the billing period and shall be paid
at such place as designated by the City. All bills are due and payable
by the 20th day following the billing date. Any bills not paid by
this date shall be considered delinquent and a 3% charge shall be
added to the bill. A second notice shall be sent if the bill is not
paid by the due date and, if payment is not received within 10 days
thereof, service will be discontinued. Sewer service charges shall
be a lien upon the property served, pursuant to § 66.0821(4)(c),
Wis. Stats., and shall be collected in the manner therein provided.
Each user shall be notified annually, in conjunction with a regular
bill, of the user charge rate and that portion of the user charges
attributable to wastewater treatment services.
A.
Notification of violation. Any person found to be violating any provision of this article, except § 345-14, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Penalty. Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall be guilty of a misdemeanor and, on conviction thereof, shall pay a forfeiture in an amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C.
Continued violation. Continued violation may result in the refusal
of the City to accept the discharges of the violating discharger.
D.
Discharger liability. Any person violating any of the provisions
of this chapter shall become liable to the City for any expense, loss
or damage occasioned the City by reason of such violation.
E.
Misrepresentation. Any person who knowingly makes a false statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this chapter
shall, upon conviction, be punished by the imposition of a civil penalty
of not more than $1,000.
A.
Right of appeal. Any discharger or agent of the discharger shall
have the right to appeal an interpretation or ruling by the City on
any matter covered by this article. The discharger or his agent shall
be entitled to a hearing before the Common Council for the purpose
of appeal. Such a meeting shall be promptly scheduled by the City
upon receipt of a written appeal from the discharger.
B.
Stay of enforcement. In the event that such appeal deals with matters
of performance or compliance with this article for which enforcement
activity relating to an alleged violation is subject, receipt of a
discharger's written appeal shall stay all enforcement proceedings
pending the hearing before the Common Council. Appeal on a final judgment
by the City entered pursuant to this article may be taken in accordance
with the laws of the state.
