[HISTORY: Adopted by the Town Board of the Town of Lawrence
as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted by the
Board of Commissioners of the Lawrence Sanitary District.
The Town Board of the Town of Lawrence has the specific authority
under § 60.77, Wis. Stats., and the general authority under
its Village powers to adopt this article.
The purpose of this article is to regulate the use of public
and private sewers and drains, private wastewater disposal, the installation
and connection of building sewers, and the discharge of water and
waste into the public sewer system and to provide penalties for violations
thereof and for the levying and collection of wastewater treatment
user charges and cost recovery charges in the Lawrence Utility District,
County of Brown, State of Wisconsin.
A.
All words in the present tense include the future tense, all words
in the singular number include the plural, and all words in the plural
number include the singular number; unless the natural construction
of the wording indicates otherwise, the word "shall" is mandatory;
"may" is permissible. The word "used" includes the words "designed
or intended to be used."
B.
AMMONIA NITROGEN
APPROVING AUTHORITY
BIOCHEMICAL OXYGEN DEMAND (BOD5)
BUILDING DRAIN
BUILDING SEWER
CHLORINE REQUIREMENT
COMBINED SEWER
COMMERCIAL USER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE (24 HOURS)
EASEMENT
FIXED CHARGE
FLOATABLE OIL
FLOW PROPORTIONAL SAMPLE
GARBAGE
GROUND GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERCEPTOR SEWER
MAJOR CONTRIBUTING INDUSTRY
(1)
(2)
(3)
(4)
NATURAL OUTLET
NORMAL DOMESTIC WASTEWATER
(1)
(2)
(3)
(4)
OPERATION AND MAINTENANCE (O&M) COSTS
PARTS PER MILLION
PERSON
pH
PHOSPHORUS (P)
PRETREATMENT
PUBLIC AUTHORITY
REPLACEMENT COSTS
RESIDENTIAL USER
SANITARY SEWER
SEGREGATED DOMESTIC WASTES
SEWAGE
SEWAGE SYSTEM
SEWER
SEWER USER CHARGE
SLUG
STANDARD METHODS
STORM DRAIN (sometimes termed "storm sewer")
STORMWATER RUNOFF
SUSPENDED SOLIDS (SS)
UNMETERED USER
UNPOLLUTED WATER
USER CHARGE SYSTEM
USER CLASSES
UTILITY DISTRICT (UTILITY)
WASTEWATER
WASTEWATER FACILITIES
WASTEWATER TREATMENT WORKS
WATERCOURSE
WPDES PERMIT
For the purpose of this article, certain terms used herein are defined
as follows:
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.
The Board of Commissioners of the Lawrence Utility District
or its duly authorized deputy, agent, or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed in milligrams
per liter. Quantitative determination of BOD5 shall be made in accordance with procedures set forth in Standard
Methods.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet (1.5 meters) 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." Once constructed,
building sewer maintenance shall be the responsibility of the property
owner.
The amount of chlorine, in milligrams per liter, which must
be added to wastewater to produce a specified residual chlorine content
in accordance with procedures set forth in Standard Methods.
Any sewer intended to serve as a sanitary sewer and a storm
sewer.
Any user whose premises is 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. This definition shall
also include multifamily residences having three or more units served
by a single service.
Biochemical oxygen demand, suspended solids, pH, or fecal
coliform bacteria, plus additional pollutants identified in the WPDES
permit for the publicly owned treatment works receiving the pollutants,
if such works was designed to treat such additional pollutants and
in part does remove such pollutants to a substantial degree.
The combination of individual samples taken at intervals
of not more than one hour.
An acquired legal right for the specific use of land owned
by others.
The charge for the cost of debt retirement associated with
construction, erection, modification or rehabilitation of the wastewater
collection system. The charge shall be above the treatment, operation
and maintenance and replacement charges.
Fat, oil, and grease (FOG) in a physical state such that
it will separate by gravity from wastewater by treatment in an approved
pretreatment facility. A wastewater shall be considered free of floatable
oil if it is properly pretreated and the wastewater does not interfere
with the collection system.
A sample that is proportional to the volume of the flow during
the sampling period.
The residue from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of food products
and produce.
The residue from the preparation, cooking, and dispensing
of food that has been shredded to such a degree that all particles
will be carried freely in suspension under the flow conditions normally
prevailing in public sewers, with no particle greater than 1/2 inch
in any dimension.
Any pollutant which is not a compatible pollutant which will
adversely affect or disrupt the quality of wastewater treatment if
discharged to a wastewater treatment facility.
Any user whose premises is used primarily for the conduct
of a profit-oriented enterprise in the fields of manufacturing, transportation,
communications, or utilities, mining, agriculture, forestry, or fishing.
Any trade or process waste as distinct from segregated domestic
wastes or wastes from sanitary conveniences.
A sewer whose primary purpose is to convey wastewater from
a collection system or systems to a wastewater treatment facility.
Size of the sewer is not a factor.
An industrial or commercial facility that is a user of publicly
owned treatment works 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 municipal system receiving the waste;
Has in its waste a toxic pollutant in toxic amounts as defined
in Chapter NR 215 of the Wisconsin Administrative Code; or
Has a waste which the approving authority 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 publicly owned
treatment works or on the quality of effluent from such works.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
Sanitary wastewater resulting from the range of normal domestic
activities, in which BOD5, SS, P or NH3 concentrations do not exceed normal concentrations
of:
A five-day, 20° C., BOD5 concentration
of not more than 250 milligrams per liter.
A suspended solids concentration of not more than 250 milligrams
per liter.
A phosphorus concentration of not more than 12 milligrams per
liter.
An ammonia nitrogen concentration of not more than 25 milligrams
per liter.
Includes all costs associated with the operation and maintenance
of the wastewater collection system, as well as the costs associated
with periodic equipment replacement necessary for maintaining capacity
and performance of the wastewater collection system.
A weight to weight ratio; the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, governmental agency, or other entity.
The logarithm (base 10) 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 7 and a hydrogen ion concentration of 10-7.
Total phosphorus in wastewater, which may be present in any
of three principle forms: orthophosphates, polyphosphates, and organic
phosphates. Quantitative determination of total phosphorus should
be made in accordance with procedures set forth in Standard Methods.
An arrangement of devices and structures for the preliminary
treatment or processing of wastewater required to render such wastes
acceptable for admission to the public sewers.
Any user whose premises is used for the conduct of the legislative,
judicial, administrative, or regulatory activities of federal, state,
local, or international units of government; government-owned educational
facilities; government-owned health facilities; or government-owned
recreational facilities. This does not include government-owned or
-operated business establishments.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the service life of the
collection system to maintain its design capacity and performance
for which the system was designed and constructed. Operation and maintenance
costs include replacement costs.
Any user whose premises is used primarily as a domicile for
one or more persons and discharges only domestic wastes, but not including
dwellings classified as "commercial users."
A sewer that carries sanitary and industrial water-carried
wastes from residences, commercial buildings, industrial plants, and
institutions, together with minor quantities of groundwater, stormwater,
and surface water that are not admitted intentionally.
Wastes from nonresidential sources resulting from normal
domestic activities. These activities are distinguished from industrial,
trade, and/or process discharge wastes.
The spent water of a community. The preferred term is "wastewater."
The composite network of underground conduits carrying wastewater
and appurtenances incidental thereto (i.e., manholes, lift stations,
and service lateral). This includes intercepting sewers and the sanitary
sewers.
A pipe or conduit that carries wastewater or drainage water.
The charge levied on users of the wastewater collection system
for the user's proportional share of the capital-related expenses,
as well as operation and maintenance (including replacement) costs
of said facilities.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation and
shall adversely affect the system and/or performance of the wastewater
treatment works.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater, published jointly by the American Public Health Association,
the American Water Works Association, and the Water Environment Federation.[1]
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
Solids that either float on the surface of or are in suspension
in water, wastewater, or other liquids and that are removable by laboratory
filtering as prescribed in Standard Methods and are referred to as
"nonfilterable residue."
A user who is not connected to the municipal water system
and thereby does not have his private water supply metered.
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.
That system which generates operation and maintenance (O&M)
and replacement revenues equitably for providing each user category
with services.
Categories of users having similar flows and water characteristics:
levels of biochemical oxygen demand, suspended solids, phosphorus,
ammonia nitrogen, etc. For the purpose of this article, there shall
be four user classes: residential, commercial, industrial, and public
authority.
The Lawrence Water and Sewer Utility District, Brown County,
State of Wisconsin.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater that
may be present.
The treatment works defined in "wastewater treatment works"
exclusive of interceptor sewers and wastewater collection systems.
All wastewater treatment is provided by the Green Bay Metropolitan
Sewerage District and all references to treatment facilities refer
to those facilities owned and operated by the Green Bay Metropolitan
Sewerage District.
An arrangement of devices and structures for the storage,
treatment, recycling, and reclamation of wastewater, liquid industrial
wastes, and sludge. These systems include interceptor sewers, outfall
sewers, wastewater collection systems, individual systems, pumping,
power, and other equipment and their appurtenances; any works that
are an integral part of the treatment process or are used for ultimate
disposal of residues from such treatment; or any other method or system
for preventing, abating, reducing, storing, treating, separating,
or disposing of municipal or industrial wastes.
A natural or artificial channel for the passage of water
either continuously or intermittently.
Wisconsin Pollutant Discharge Elimination System permit.
General provisions are stated in Chapter NR 205 of the Wisconsin Administrative
Code.
A.
Sanitary sewers. No person(s) shall discharge or cause to be discharged
any unpolluted waters such as stormwater, groundwater, roof runoff,
subsurface drainage, or cooling water to any sanitary sewer, except
that stormwater runoff from limited areas, which stormwater may be
polluted at times, may be discharged to the sanitary sewer by permission
of the approving authority.
B.
User connections.
(1)
The owner(s) of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within
the Utility District 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
sanitary sewer of the Utility District, is hereby required at the
owner's expense to install suitable toilet facilities therein and
connect such facilities directly to the proper sewer in accordance
with the provisions of this article within six months after the date
of official notice from the Utility District. The Utility District
Administrator shall be responsible for properly notifying the owner(s).[1]
(2)
The sewer service charges contained in the user charge system shall
take effect as of the day a connection to the sewer is made.
C.
Storm sewers. Stormwater other than that exempted under Subsection A and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority, to a storm sewer or natural outlet.
D.
Prohibitions and limitations.
(1)
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following described waters or wastes to
any public sewer:
(a)
Any gasoline, benzene, naphtha, fuel oil, or other flammable
or explosive liquid, solid, or gas.
(b)
Any waters or wastes containing toxic or poisonous solids, liquids,
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any treatment process, constitute
a hazard to humans or animals or create a public nuisance in the receiving
water of the wastewater treatment works.
(c)
Any waters or wastes having a pH lower than 5.5 or higher than
9.0 or having any other corrosive property capable of causing damage
or hazard to structures, equipment, and personnel of the wastewater
works.
(d)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater facilities, such as, but
not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, entrails, and paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
(e)
The following described substances, materials, waters, or wastes
shall be limited in discharges to municipal systems to concentrations
or quantities which will not harm either the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
stream, or will not otherwise endanger lives, limb, or public property
or constitute a nuisance. The approving authority may set limitations
lower than the limitations established in the regulations below if
in its opinion such more severe limitations are necessary to meet
the above objectives. In forming an opinion as to the acceptability,
the approving authority will give consideration to such factors as
the quantity of subject waste in relation to flows and velocities
in the sewers, materials of construction of the sewers, the wastewater
treatment process employed, capacity of the wastewater treatment facility,
and other pertinent factors. The limitations or restrictions on materials
or characteristics of wastes or wastewaters discharged to the sanitary
sewer which shall not be violated without approval of the approving
authority are as follows:
[1]
Wastewater having a temperature higher than 150° F. (65°
C.).
[2]
Wastewater containing more than 25 milligrams per liter of petroleum,
oil, nonbiodegradable cutting oils, or product of mineral oil origin.
[3]
Wastewater from industrial plants, hotels, restaurants, hospitals,
institutions, catering establishments or similar places containing
floatable excess oils, fat, or grease.
[4]
Any garbage that has not been properly shredded. Garbage grinders
may be connected to sanitary sewers from homes, hotels, 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.
[5]
Any waters or wastes containing iron, chromium, copper, zinc,
and similar objectionable or toxic substances to such degree that
any material received in the composite wastewater at the wastewater
treatment works exceeds the limits established by the approving authority
for such materials.
[6]
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the approving authority.
[7]
Any radioactive wastes or isotopes of such half-life or concentrations
as may exceed limits established by the approving authority in compliance
with applicable state or federal regulations.
[8]
Quantities of flow, concentrations, or both which constitute
a slug as defined herein.
[9]
Water or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes employed,
or are amenable to treatment only to such degree that the wastewater
treatment facility effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
[10]
Any water or wastes which, by interaction with other water or
wastes in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system, or create a condition
deleterious to structures and treatment processes.
[11]
Materials which exert or cause:
[a]
Unusual BOD5, chemical oxygen
demand, or chlorine requirements in such quantities as to constitute
a significant load on the wastewater treatment facility.
[b]
Unusual volume of flow or concentration of wastes
constituting slugs as defined herein.
[c]
Unusual concentrations of inert suspended solids
(such as, but not limited to, fuller's earth, lime slurries,
and lime residues) or of dissolved solids (such as, but not limited
to, sodium sulfate.)
[d]
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(2)
No wastewater, regardless of character, shall be discharged to the
wastewater system in such a manner as to interfere with the designed
operation of the collection system or treatment facilities or to cause
the treatment works to exceed the limits established by the WPDES
permit.
E.
Special arrangements. No statement contained in this section shall
be construed as prohibiting any special agreement between the Utility
District and any person whereby an industrial waste of unusual strength
or character may be admitted to the wastewater treatment works, either
before or after pretreatment, provided that there is no impairment
of the functioning of the wastewater treatment works by reason of
the admission of such wastes and no extra costs are incurred by the
Utility District without recompense by the person, provided that all
rates and provisions set forth in this article are recognized and
adhered to.[2]
F.
New connections. New connections to the sewer system shall not be
permitted if there is insufficient capacity in the treatment works
to adequately transport and/or treat, as required by the WPDES permit,
the additional wastewater anticipated to be received from such connections.
A.
Submission of basic data.
(1)
Within three months after passage of this article, firms discharging
industrial wastes to a public sewer shall prepare and file with the
approving authority a report that shall include pertinent data relating
to the quantity and characteristics of the wastes discharged to the
wastewater works. Such information shall be provided as per Chapter
NR 101 of the Wisconsin Administrative Code.
(2)
Similarly, each person desiring to make a new connection to the public
sewer for the purpose of discharging industrial waste shall prepare
and file with the approving authority a report that shall include
actual or predicted data relating to the quantity and characteristics
of the waste to be discharged.
B.
Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by Subsection A, a request for extension of time may be presented for consideration to the approving authority.
C.
Industrial discharges.
(1)
If any waters or wastes are discharged or proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 216-4D and which, in the judgment of the approving authority, may have a deleterious effect upon the wastewater works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the approving authority may:
(2)
The toxic pollutants subject to prohibition or regulation under this
section shall include, but need not be limited to, the list of toxic
pollutants or combination of pollutants established by Section 307(a)
of the Clean Water Act of 1977 and subsequent amendments. Effluent
standards or prohibitions for discharge to the sanitary sewer shall
also conform to the requirements of Section 307(a) and associated
regulations.
(3)
Pretreatment standards for those pollutants which are determined
not to be susceptible to treatment by the treatment works or which
would interfere with the operation of such works shall conform to
the requirements and associated regulations of Section 307(b) of the
Clean Water Act of 1977 and subsequent amendments. The primary source
for such regulations shall be 40 CFR 403, General Pretreatment Regulations
for Existing and New Sources of Pollution.
D.
Control manholes.
(1)
Each user discharging industrial wastes into a public sewer shall
construct and maintain one or more control manholes or access points
to facilitate observation, measurement and sampling of the waste,
including domestic wastewater.
(2)
Control manholes or access facilities shall be located and built
in a manner acceptable to the approving authority. If measuring devices
are to be permanently installed, they shall be of a type acceptable
to the approving authority.
(3)
Control manholes, access facilities, and related equipment shall
be installed by the user discharging the waste, at the user's
expense, and shall be maintained by the user so as to be in safe condition,
accessible, and in proper operating condition at all times. Plans
for installation of the control manholes or access facilities and
related equipment shall be approved by the approving authority prior
to the beginning of construction.
E.
Metering of industrial waste. Devices for measuring the volume of
waste discharged may be required by the approving authority if this
volume cannot otherwise be estimated. Metering devices for determining
the volume of waste shall be installed, owned, and maintained by the
discharger. A maintenance schedule must be accepted by the approving
authority. Following approval and installation, such meters may not
be removed without the consent of the approving authority.
F.
Waste sampling.
(1)
Industrial wastes discharged into the public sewers shall be subject
to periodic inspection and determination of character and concentration
of said wastes. The determination shall be made by the industry as
often as may be deemed necessary by the approving authority.
(2)
Sampling shall be collected in such a manner as to be representative
of the composition of the wastes. The sampling may be accomplished
either manually or by the use of mechanical equipment acceptable to
the approving authority.
(3)
Installation, operation, and maintenance of the sampling facilities
shall be the responsibility of the user discharging the waste and
shall be subject to the approval of the approving authority. Access
to sampling locations shall be granted to the approving authority
or its duly authorized representatives at all times. Every care shall
be exercised in the collection of samples to ensure their preservation
in a state comparable to that at the time the sample was taken.
G.
Analyses.
(1)
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this article shall be determined
in accordance with the latest edition of Standard Methods. Sampling
methods, location, times, durations, and frequencies are to be determined
on an individual basis subject to approval by the approving authority.
(2)
Determination of the character and concentration of the industrial
waters shall be made by the user discharging them, or his agent, as
designated and required by the approving authority. The Utility District
may also make its own analysis of the wastes and these determinations
shall be binding as a basis for charges.
H.
Pretreatment. Where required, in the opinion of the approving authority,
to modify or eliminate wastes that are harmful to the structures,
processes or operation of the wastewater treatment works, the person
shall provide at his expense such preliminary treatment or processing
facilities as may be determined required to render his wastes acceptable
for admission to the public sewers.
I.
Submission of information. Plans, specifications, and any other pertinent
information relating to proposed flow equalization, pretreatment,
or processing facilities shall be submitted for review of the approving
authority prior to the start of their construction if the effluent
from such facilities is to be discharged into the public sewers.
J.
Grease and/or sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 216-4D(1)(d) and (e)[3], or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters of dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) 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 approving authority. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
K.
Grease trap and/or sand interceptor annual report. A completed grease
trap and sand interceptor maintenance report shall be returned to
the Town Utility District Clerk at 2595 French Road, DePere, WI 54115,
by January 31 each year for the previous year.
L.
Additional restrictions. Compliance with the Green Bay Metropolitan
Sewerage District Sewer Use Ordinance is required for all sections.
A.
Right of entry. The collection system operator or other duly authorized
representative of the Utility District bearing proper credentials
and identification shall be permitted to enter all properties for
the purpose of inspection, observation, and testing, all in accordance
with the provisions of this article and § 196.171, Wis.
Stats. The operator or other duly authorized representative of the
Utility District shall have no authority to inquire into any process
beyond that point having a direct bearing on the kind and source of
discharge to the sewers and waterways of facilities for wastewater
treatment.
B.
Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized Utility District representatives shall observe all safety rules applicable to the premises established by the owner or occupant, and the Utility District shall indemnify the owner against loss or damage to its property by Utility District representatives and against the liability claims and demands for personal injury or property damage asserted against the owner and growing out of gauging and sampling operations, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 216-5D.[1]
C.
Identification; right to enter easements. The collection system operator
and other duly authorized representatives of the Utility District
bearing proper credentials and identification shall be permitted to
enter all private properties through which the Utility District holds
a duly negotiated easement for the purpose of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the wastewater treatment works lying within said
easement, all subject to the terms, if any, of the agreement.
A.
Work authorized. 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 from the approving
authority.
B.
Cost of sewer connection. All expenses incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Utility District from any loss or damage
that may directly or indirectly be occasioned by the installation
of the building sewer.
C.
Use of old building sewers. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the approving authority, to meet all requirements of this article.
D.
Materials and methods of construction. The size, slope, alignment,
and materials of construction of the building sewer and methods to
be used in excavating, placing of the pipe, jointing, testing, and
backfilling the trench shall all conform to the requirements of the
Building and Plumbing Code or other applicable rules and regulations
of the Utility District. In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the ASTM and WPCF Manual of Practice No. 9 shall apply.
E.
Building sewer grade. 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 wastewater carried by such
building drain shall be lifted by an approved means and discharged
to the building sewer.
F.
Stormwater and groundwater drains.
(1)
No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to a building sewer or building drain which is connected directly
or indirectly to a public sanitary sewer.
(2)
Any person in violation of this subsection shall disconnect all downspouts,
groundwater drains, etc., no later than 60 days from the date of an
official written notice by the approving authority. If any person
fails to comply after the expiration of the time provided, the approving
authority may cause disconnection to be made.
G.
Conformance to Plumbing Code. The connection of the building sewer
into the public sewer shall conform to the requirements of the Building
and Plumbing Code or other applicable rules and regulations of the
Utility District or the procedures set forth in appropriate specifications
of the ASTM and the WPCF Manual of Practice No. 9. All such connections
shall be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the approving authority
before installation.
H.
Inspection of connection. The applicant for the building sewer permit
shall notify the approving authority when the building sewer is ready
for inspection and connection to the public sewer. The connection
shall be made under the supervision of the approving authority.
I.
Barricades; restoration. All excavations for the 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 Utility District.
A.
Application to connect to existing wastewater system. Any person
located out of the Utility District desiring to connect any wastewater
system with the wastewater treatment works of the approving authority
shall make application to the approving authority for permission to
make such connection or use. Said applications shall be made in writing
by duly authorized officials or person and shall be accompanied by
a complete set of plans showing location, size, kind of sewer pipe,
grades, and elevations of the inverts at manholes, elevations of manhole
tops, distance between manholes, and complete details of all appurtenances.
A similar map of the storm sewer system, if such system exists, shall
also be submitted.
B.
Application to connect proposed new wastewater system. Any person
located out of the corporate limits of the Utility District desiring
to connect a proposed new wastewater system to the wastewater treatment
works shall make application to the approving authority for permission
to make such connection or use. Said application shall be made in
writing by duly authorized officials or person and shall be accompanied
by two complete sets of plans and specifications, said plan to show
the location, size, kind of sewer pipe, grades, elevations of the
inverts at manholes, elevations of manhole tops, distance between
manholes, and complete details of all appurtenances. The application
shall include a statement of the location or locations at which it
is desired to connect and a statement of the character of the wastewater
to be transmitted. If the application is the first one made by a municipality,
there shall be submitted a certified copy of the local plumbing and
wastewater code. The first application of a utility district shall
be accompanied by a description of the land embraced by it. If the
plans and specifications are approved by the approving authority,
they will be submitted by the applicant to the Wisconsin Department
of Natural Resources and U.S. Environmental Protection Agency, or
the statutory approving agency having jurisdiction. Copies of the
plans for approval will be kept by the applicant and a copy of the
approval letter shall be submitted to the approving authority before
any connection or use of the treatment works commences.
C.
Alterations. Alterations to existing wastewater systems connected
to the wastewater treatment works shall be treated as proposed new
wastewater systems. The approving authority may modify this provision
if the sewer connection is not directly connected to an approving
authority sewer and provided the person has previously presented and
has had approved a general overall sewer plan. If such a modification
is made, it will be done in writing and must be kept on file by the
person to whom it applies.
D.
Permit to connect. Prior to permitting such connection or use, the approving authority may investigate, or cause to be investigated, the wastewater system for which such connection or use is requested. If the approving authority finds such system to be in a satisfactory condition, it will grant a permit for such connection or use. If the approving authority finds such system to be defective in operation, construction, design, or maintenance, the approving authority will so notify the applicant and will advise him that, upon completion of specified alterations, new construction, or changes in supervision or operation, a permit will be granted. Should the plans or specifications not be approved under Subsection A, B or C, one copy will be returned to the applicant, who will be informed as to the reason for nonapproval.
E.
Reserve capacity. Prior to permitting any connection or use of the
treatment works, the approving authority shall ascertain that all
downstream sewers, interceptors, lift stations, force mains, and treatment
works have sufficient reserve capacity for volume, suspended solids,
BOD5, and phosphorus removal to assure adequate
collection and treatment of the additional wastewater contributed
to the wastewater treatment works. The approving authority reserves
the right to refuse a connection or use permit if the requirements
of this subsection cannot be met with the granting of the permit.
F.
Inspections and supervision during construction. During the construction
of any wastewater system which the approving authority has approved,
the approving authority may, from time to time, inspect the same to
see that said work is being done in accordance with the approval plans
and specifications. Failure to make such inspections shall nullify
the rights of the approving authority to require reconstruction should
nonadherence to approved plans be subsequently discovered. Every person,
in the construction of laterals or wastewater systems within his jurisdiction,
shall require that such construction be under the direction of a Wisconsin
registered professional engineer or licensed master plumber, if plan
approval was obtained under his license. The engineer or master plumber
shall keep accurate records of the location, depth, and length of
the sewers as built and of the location of the Y-branches or slants.
G.
Permits not granted. Permits shall not be granted for the connection
of combined sewers to the interceptors or municipal sewers. Permits
shall not be granted for the connection of any proposed or existing
storm sewers to the approving authority wastewater treatment works.
Connection of catch basins or curb inlets to any sanitary sewer directly
or indirectly connected to the wastewater treatment works is strictly
prohibited.
H.
Physical connection. All proposed sewer connections shall be planned
to be made at a manhole with the flow lines of the connecting sewer
being at or below the manhole shelf or the connection shall be made
through an approved drop. At least 24 hours before connection is to
be made, notice of such intent must be given to the approving authority.
When the actual connection is made, it must be done in the presence
of an approving authority inspector.
I.
Records. Records of connections to the wastewater collection system
shall be kept by the municipality in which such connections are made,
and such records shall be available for inspection by the approving
authority.
No septic tank or holding tank wastes shall be discharged to
the collection system operated by the Utility District. The Utility
District does not have facilities to provide wastewater treatment
or facilities to accept such wastes. Such wastes typically have pollutant
levels far in excess of domestic strength as defined in this article.
Because of their high strength and lack of receiving or treatment
facilities, such wastes shall not be accepted by the Lawrence Utility
District. The Green Bay Metropolitan Sewerage District has receiving
facilities for septic tank and holding tank disposal.
A.
Willful, negligent or malicious damage. No unauthorized 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 persons violating this
provision shall be subject to immediate arrest under a charge of disorderly
conduct.
B.
Liability for losses. Any person who intentionally, negligently, or accidentally violates any provisions of this article shall become liable to the Lawrence Utility District or any downstream user for any expenses, loss or damage occasioned by reason of such violation which the Utility District or any downstream user may suffer as a result thereof. This subsection shall be applicable whether or not a written notice of the violation was given as provided in § 216-11A and without consideration for any penalties which may be imposed for a violation of this article.
A.
Written notice of violation. Any person found to be violating any
provisions of this article shall be served by the Utility District
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.
B.
Accidental discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the sewer system which causes
damage to the treatment facility and/or receiving body of water shall,
in addition to a fine, pay the amount to cover damage, both values
to be established by the approving authority.
C.
D.
Liability to Utility District for losses. Any person violating any
provision of this article shall become liable to the Utility District
for any expense, loss, or damage occasioned by reason of such violation
which the Utility District may suffer as a result thereof.
E.
Difference of opinion. The Lawrence Utility District Attorney shall
arbitrate differences between the approving authority and sewer users
on matters concerning interpretation and execution of the provisions
of this article by the approving authority.
A.
Any user, permit applicant, or permit holder affected by any decision,
action, or determination, including cease and desist orders, made
by the approving authority interpreting or implementing the provisions
of this article or in any permit issued herein may file with the Utility
District Administrator a written request for reconsideration within
10 days setting forth in detail the facts supporting the user's
request for reconsideration. The Utility District Administrator shall
render a decision on the request for reconsideration to the user,
permit applicant, or permit holder in writing within 15 days of receipt
of request. If the ruling on the request for reconsideration made
by the Utility District Administrator is unsatisfactory, the person
requesting reconsideration may, within 10 days after notification
of the Utility District Administrator's action, file a written
appeal with the Lawrence Utility District Secretary.
B.
An annually set fee shall accompany any appeal to the Board of Commissioners
of the Lawrence Utility District for a ruling. This fee may be refunded
if the appeal is sustained in favor of the appellant.
The Board of Commissioners of the Lawrence Utility District,
through its duly qualified officers, reserves the right to amend this
article in part or in whole wherever it may deem necessary, but such
right will be exercised only after due notice to all persons concerned
and proper hearing on the proposed amendment.
The Lawrence Utility District shall conduct an annual audit,
the purpose of which shall be to reestablish the equity and adequacy
of the user charges relative to changes in system operation and maintenance
costs.
[Adopted 10-19-1992[1]]
[1]
Editor's Note: This ordinance was originally adopted by the
Board of Commissioners of the Lawrence Sanitary District.
A sewer extension is defined as an addition to the sewer collection
or interceptor system approved by the Wisconsin Department of Natural
Resources as of spring 1991 and as amended. This policy is intended
for an extension to vacant property or to areas not contemplated in
the original sewer system layout as constructed in 1991 and 1992.
Lands to be sewered must lie within the Utility District boundaries
or be annexed to the District. (Note: 1991, constructed twenty-one-inch
interceptor; 1992, constructed Hwy 41 W. Frontage Road Project.) The
developer generally initiates the annexation process.[1]
A developer is defined as a person owning and/or developing
lands and requesting a sewer extension to the area being developed.
A.
The developer requesting a sewer extension must submit to the Utility
District Commission an application in writing and an approved final
plat or certified survey for lands to be sewered. This must be done
prior to the design and construction of the sewer extensions. Plats
and certified surveys must be accompanied by a certification from
Town and county zoning officials stating that the land is zoned for
the proposed use.
B.
The District will extend sewer mains in accordance with the following
charges and the following conditions.
Prior to design, the developer must obtain written confirmation
from the Brown County Planning Department that lands to be sewered
are in the approved sewer service area. Also, written confirmation
must be obtained from the Green Bay Metropolitan Sewerage District
(GBMSD) that said lands are currently a part of or will be annexed
to the GBMSD. If lands are not in the approved sewer service area
or lands are not annexed to the GBMSD, it will be the developer's
responsibility acting through the Utility District to complete these
actions.
The Utility District shall select an engineering consultant
to design all proposed sewer extensions. All costs and expenses incident
to the design and bidding, including engineer, permits and other fees
associated with the connection or hookup to the Utility District collection
or GBMSD interceptor systems, shall be borne by the developer requesting
the extension. Prior to the design of a sewer extension, the developer
shall secure and furnish proof of an escrow account for the estimated
amount of the design costs, the amount to be determined by the Utility
District. The account shall be so arranged and an escrow agreement
executed between the developer, the bank, and the Utility District
Commission to allow the latter to withdraw monthly amounts from the
account. The account shall be sufficient to cover payments to all
parties under contract with the Utility District for the design of
the sewer extension. This money will not be refunded if the project
does not proceed to construction.
The resulting construction plans and specifications shall be
reviewed and approved by the Utility District and the GBMSD prior
to submittal to the Wisconsin Department of Natural Resources (WDNR).
All plans shall conform to the standards of the WDNR and such additional
requirements and standards that the Utility District and the GBMSD
may establish and shall be prepared by a professional engineer registered
to practice in the State of Wisconsin. All construction contracts
shall be subject to Wisconsin Statute public contract competitive
bidding requirements. The Utility District's engineering consultant
shall perform on-site inspection and contract administration during
construction of the sewer extension.
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. Prior to the District signing contracts for the
project construction, the persons requesting the extension shall escrow
in the District's banking institution a dollar amount equal to
the construction, engineering, administration, staking and inspection
costs for the project.
The developer requesting the sewer extension shall assist in
securing all required utility easements, the location and width of
which shall be determined by the District and the GBMSD. The District
will furnish blank easement forms to the person who will be responsible
for the proper legal description of the easement parcel and for the
proper execution of the easement by the grantor. All completed easements
shall be submitted to the District, designated as the grantee, for
its review and shall be recorded at the County Register of Deeds office
by the District. The cost of easement preparation through recording
shall be charged to the developer.
The developer requesting the sewer extension shall also execute
any other special agreements deemed necessary by the Utility District.
Laterals shall be installed to the property line of each proposed
lot as shown on the approved final plat or certified survey map, the
cost of which shall be paid by the developer as part of the escrow
for construction of the sewer extension.
A connection charge as provided in the Town Fee Schedule will
be levied against each lot. The per-lot connection charge shall be
increased annually in an amount not to exceed the percentage increase
in the U.S. Department of Labor Consumer Price Index. The increase
applied per the price index will be from January 1, 1993, to the date
of connection of the extension to the District sewer system.
All the rules and regulations in the State Plumbing and State
Building Codes and building rules of the Department of Safety and
Professional Services and the Department of Natural Resources of the
State of Wisconsin and Green Bay Metropolitan Sewerage District policy
and ordinances, insofar as the same are applicable to the Utility
District, shall apply to sewer extension herein.
