[HISTORY: Adopted by the Common Council of the City of Arcadia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-1976 by Ord. No. 112A]
No person shall connect roof drains, foundation drains or sump
pumps to the sanitary sewer collection system of the City of Arcadia.
All persons having roof drains, foundation drains or sump pumps
presently connected to the sanitary sewer collection system of the
City of Arcadia shall remove such connections within 150 days from
the date of the passage and publication of this article.
The Water and Wastewater Superintendent of the City of Arcadia
shall conduct a comprehensive survey of all buildings located within
the City of Arcadia to determine the existence of roof drains, foundation
drains or sump pumps which are connected to the sanitary sewer collection
system of the City of Arcadia. He shall certify the results of this
survey to the Utility Commission of the City of Arcadia within 30
days from the date of the passage and publication of this article.
Within five days after receiving such survey the Utility Commission
shall notify each property owner in writing who is in violation of
this article. Such notification shall be by certified mail and shall
describe the nature of the violation, the terms of this article and
the date by which such violation must be corrected.
The purpose of this article is to protect the health, safety
and welfare of the residents of the City of Arcadia and to comply
with the rules and regulations of the State of Wisconsin.
All property owners in the City of Arcadia shall permit the
City Water and Wastewater Superintendent and his agents access to
their property for the purpose of conducting that survey referred
to herein. A refusal to permit such access shall constitute a violation
of this article.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be punished by a forfeiture of not
less than $25 nor more than $300. Each day of violation shall constitute
a separate offense. The term "person" means an individual, corporation,
cooperative association, firm or partnership. In addition, the term
"person" means any responsible corporate or cooperative officer.
All ordinances or parts of ordinances inconsistent with or contrary
hereto are hereby repealed, except that nothing in this article shall
be interpreted so as to conflict with state laws or orders regulating
pollution or municipal sewer systems or any of the requirements of
any ordinance of the City of Arcadia not mentioned or made inapplicable
by the express terms of this article.
[Adopted 8-13-2009 by Ord. No. 153]
A.
The purpose of this article is to assure minimum health standards
and to preserve and promote public health, comfort, safety, and general
welfare of the public. The Common Council finds that this purpose
is served by regulating public and private sewers and drains, and
discharge of septage, waters and wastes into public sewers, and by
providing methods and means for determining wastewater and septage
volumes, constituents and characteristics, for issuing of permits
to certain users, for levying and collecting wastewater treatment
service charges, and for setting charges and fees pursuant to state
law, and by using the revenues so derived to defray the costs of operating
and maintaining adequate wastewater collection and treatment systems
and to provide sufficient funds for capital outlay, debt service costs,
and capital improvements.
B.
The Common Council further finds that setting uniform requirements
for discharges into the wastewater collection and treatment systems
enables the City to comply with administrative provisions and other
discharge criteria that are required or authorized by the State of
Wisconsin or federal law.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
Dental filing material made from a mixture of metallic mercury
with powdered silver-tin-copper alloy.
One of the oxidation states of nitrogen, in which nitrogen
is combined with hydrogen in molecular form as NH3 or in ionized form as NH4. Quantitative determination
of ammonia nitrogen shall be made in accordance with procedures set
forth in the most recent edition of Standard Methods.
The Common Council of the City of Arcadia or its duly authorized
Utility Commission, committee, agent or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed in milligrams
per liter. Quantitative determination of BOD5 shall be made in accordance with procedures set forth in the most
recent edition of Standard Methods.
Benzene, toluene, ethylbenzene, and xylenes, volatile organic
compounds (VOCs) commonly found in discharges from leaking underground
storage tank (LUST) sites.
That part of the lowest horizontal piping of a drainage system
that receives the discharge from waste and other drainage pipes inside
the wall of the building and conveys it to the building sewer, beginning
at the outside face of the building wall.
The extension from the building drain to the public main,
and is also referred to as the lateral. Except as specifically provided
in this article, the City shall not be responsible for the construction
or maintenance of building sewers or laterals.
Chemical elements and compounds that are typically found
in wastewater and may be regulated by this article are identified
as follows:
|
Ammonia Nitrogen
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NH3-N
| |
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Arsenic
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As
| |
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Cadmium
|
Cd
| |
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Chloride
|
Cl
| |
|
Chromium
|
Cr
| |
|
Copper
|
Cu
| |
|
Cyanide
|
Cn
| |
|
Lead
|
Pb
| |
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Mercury
|
Hg
| |
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Nickel
|
Ni
| |
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Nitrogen
|
N
| |
|
Phosphorus
|
P
| |
|
Zinc
|
Zn
|
The City of Arcadia, a Wisconsin municipal corporation, located
in the County of Trempealeau, State of Wisconsin.
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 sewage.
The City's local legislative body, as that term is defined
in § 66.1331(3)(f), Wis. Stats.
Biochemical oxygen demand, suspended solids, phosphorus,
nitrogen or pH plus additional pollutants identified in the WPDES
permit for the wastewater treatment works receiving the pollutant,
if such works were designed to treat such additional pollutants to
a substantial degree.
The Wisconsin Department of Natural Resources, an executive
department of the State of Wisconsin, created by § 15.34,
Wis. Stats.
The Wisconsin Department of Safety and Professional Services,
an executive department of the State of Wisconsin, created by § 15.40,
Wis. Stats.
The legal right for the use of land owned by others.
Fats, oils and grease.
Any facility engaged in the preparation of food for human
consumption and/or serving of meals, lunches, short orders, sandwiches,
frozen desserts, or other edible products. The term includes restaurants,
coffee shops, cafeterias, short order cafes, luncheonettes, taverns,
lunchrooms, places which manufacture retail sandwiches, soda fountains,
institutional cafeterias, catering establishments, and similar facilities.
The term includes such facilities even if such use is incidental or
accessory to the facility's primary use.
Oil that is used and/or reused in fryers for the preparation
of foods such as fried chicken and french fries. Discharge of fryer
oil into the sewer system is prohibited.
The residue from the preparation, cooking and dispensing
of food and from the handling, storage and sale of food products and
produce.
Fats, oils, and grease used for the purpose of preparing
food or resulting from food preparation and includes all elements
of FOG. The terms "grease" and "FOG" may be used interchangeably.
The residue from the preparation, cooking and dispensing
of food that has been shredded to such degree that all particulates
will be no greater than 1/2 inch in any dimension and will be carried
freely in suspension under normal flow conditions in sewers.
The area outside the City's current sewer service area but
inside or equal to the City's future sewer service area where a contract
has been developed by the City for holding tank wastewater to be treated
at the wastewater treatment works.
Wastewater or septage with pollutants that will adversely
affect or disrupt the wastewater treatment processes, effluent quality
or sludge quality if discharged to the wastewater facilities.
Any user whose premises is used primarily for the conduct
of a profit-oriented enterprise in the fields of manufacturing, dairy
products processing, meat processing, other food and drink products,
painting or finishing operations, transportation, communications or
utilities, mining, agriculture, forestry, or fishing.
The wastewater from an industrial process, trade, or business,
as distinct from sanitary sewage. The term shall include cooling water
and the discharge from pretreatment facilities.
A person or business holding a valid license to do septage
servicing under Ch. NR 113, Wis. Adm. Code.
A hazardous chemical element that is a persistent, bioaccumulative
pollutant. Its use is unnecessary since there are many mercury-free
alternatives. No laboratory shall be used for testing for mercury
unless it shall be qualified for low-level mercury analysis under
§ NR 149.12(2), Wis. Adm. Code.
A weight-to-weight ratio; the milligrams per liter value
(mg/L) multiplied by the factor 8.34 shall be equivalent to pounds
per million gallons of water.
The wastewater of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
have inadvertently entered the sewer system.
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
Sanitary sewage resulting from the range of normal domestic
activities, in which BOD5, TSS, total Kjeldahl
nitrogen, and phosphorus concentrations meet the following:
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water. Equivalent to milligrams per liter (mg/L).
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, government agency or other entity.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen ion concentration of 10-7.
An arrangement of devices and structures for the preliminary
treatment or processing of wastewater required to render such wastes
acceptable for admission to the public sewers.
Any sewer outside of a public right-of-way or public easement.
Except as provided in this article, a private sewer shall not be subject
to the jurisdiction of the City and the City shall not be responsible
for the construction and/or maintenance of such sewer.
Any sewer provided by or subject to the jurisdiction of the
City. It shall also include sewers within or outside the corporate
boundaries that serve more than one person and ultimately discharge
into the City sanitary sewer system, even though those sewers may
not have been constructed with City funds. Public sewers shall not
include private sewers or building sewers.
Any user discharging normal domestic sewage whose premises
is used primarily by a governmental entity, private school or public
school.
Any dwelling discharging normal domestic sewage. This includes
single-family homes, mobile homes, duplex units and apartment units.
Each single-family residential unit shall be invoiced as a separate
user.
A combination of water-carried wastes from residences, business
buildings, institutions and industrial plants (other than industrial
wastes from such plants), together with such groundwater, surface
water and stormwater as may be present.
All structures, conduits and pipes by which sewage is collected,
treated, and disposed of, except plumbing inside and in connection
with buildings served, and service pipes, from building to street
main.
The wastewater or contents of septic or holding tanks, dosing
chambers, seepage beds, seepage pits, seepage trenches, privies or
portable restrooms.
The spent water of a community. The preferred term is "municipal
wastewater."
All structures, conduits and pipes by which sewage is collected,
treated, and disposed of, except plumbing inside and in connection
with buildings served, and service pipes, from building to street
main.
The areas presently served and anticipated to be served by
a municipal wastewater collection system. The sewer service area is
delineated in the most recently approved facility plan for the City's
wastewater treatment facility filed with the DNR.
A service charge levied on users of the wastewater collection
and treatment facilities for payment of capital expenses as well as
the operation, maintenance costs, and replacement of said facilities.
The common sanitary sewers within a sewerage system that
are primarily installed to receive wastewaters directly from facilities
which convey wastewater from individual structures or from private
property, and which include service connection wye fittings designed
for connection with those facilities. The facilities which convey
wastewater from individual structures or from private property to
the public sanitary sewer, or its equivalent, are specifically excluded
from the definition of "sewer system," except that pumping units and
pressurized lines for individual structures or groups of structures
may be included as part of a sewer system when such units are cost-effective
and are owned and maintained by the City.[2]
Any substance released at a discharge rate to and/or concentration
that causes interference with wastewater treatment processes or plugging
or surcharging of the sewer system.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater, published jointly by the American Public Health Association,
the American Water Works Association and the Water Environment Federation.[3]
A drain or sewer for conveying surface water, groundwater,
subsurface water, or unpolluted water from any source.
That portion of the rainfall that is collected and drained
into the storm sewers.
Solids that either float on the surface of or are in suspension
in water, wastewater, septage, or other liquids and that are removable
by laboratory filtering as prescribed in Standard Methods and are
referred to as "nonfilterable residue."
A discharge containing a substance or mixture of substances
which, through sufficient exposure, or ingestion, inhalation, or assimilation
by an organism, either directly from the environment or indirectly
by ingestion through the food chain, will, on the basis of information
available to the City, cause death, disease, behavioral or immunological
abnormalities, cancer, genetic mutations, or developmental or physiological
malfunctions, including malfunctions in reproduction or physical deformations,
in such organisms or their offspring.
Any entity connected to the sewer system of the City of Arcadia,
including public users, commercial users, residential users, and industrial
users.
Categories of users having similar flows and water characteristics;
that is, levels of biochemical oxygen demand, suspended solids, nitrogen,
phosphorous and pH. For the purposes of this article, there shall
be four user classes: residential, commercial, industrial and public
authority.
The City's Utility Commission created pursuant to § 66.0805,
Wis. Stats.
The structures, equipment and processes required to collect,
carry away, store, and treat domestic and industrial waste and septage
and dispose of the effluent and sludge.
An arrangement of devices and structures for treating wastewater,
septage, industrial waste and sludge. Sometimes used as synonymous
with "sewage treatment facility."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
The Wisconsin Pollutant Discharge Elimination System, a system
for regulating wastewater treatment and discharging by the Wisconsin
Department of Natural Resources and which is governed in part under
Ch. NR 210, Wis. Adm. Code.
A.
Authority. The management, operation and control of the wastewater
facilities of the City is vested in the Common Council; all records,
minutes and all written proceedings thereof shall be kept by the City
Clerk-Treasurer; the City Clerk-Treasurer shall keep all the financial
records.
B.
Construction. The Common Council shall have the power to construct
wastewater treatment facilities, pumping stations and sewer lines
for public use and shall have the power to lay sewer pipes in and
through the alleys, streets and public grounds of the City and, generally,
to do all such work as may be found necessary or convenient in the
management of the wastewater facilities. The Common Council shall
have power by itself, its officers, agents and representatives to
enter upon any land for the purpose of making examination in the performance
of its duties under this article, without liability therefor, and
the Common Council shall have power to purchase and acquire for the
City any real and personal property which may be necessary for construction
of the wastewater facilities, or for any repair, remodeling, or additions
thereto.
C.
Condemnation of real estate. Whenever the Common Council determines
that any real estate or any easement is necessary to the wastewater
facilities, and if a purchase agreement with the owner is not possible,
then the Common Council may proceed pursuant to Ch. 32, Wis. Stats.
If funds from the United States Government will be used for the project
associated with the real estate or easement, the Common Council shall
also proceed in accordance with the Uniform Relocation and Real Property
Acquisition Policy Act of 1970.
D.
Title to real estate and personalty. All property, real, personal
and mixed, acquired for the construction of the wastewater facilities,
and all diagrams, papers, books and records connected with said wastewater
facilities, and all buildings, machinery and fixtures pertaining thereto,
shall be the property of the City.
A.
General. The rules, regulations, and sewer rates set forth in this
article shall be considered a part of the contract between the City
and every person, company, or corporation who or which is connected
to or uses the sewer system or wastewater treatment works. No person
may connect to the sewer system without first obtaining a permit for
such connection from the City. By connecting with the sewer system
or wastewater treatment works every such person, company, or corporation
shall be considered as expressing his or its assent to be bound thereby.
If any of the rules and regulations of this article, now or as later
amended or adopted, are violated, the use or service shall be shut
off from the building or place of such violation, even if two or more
parties are receiving service through the same connection. The use
or service shall not be reestablished except by order of the Common
Council and on payment of all arrears, expenses and charges of shutting
off and putting on, and such other terms as the City may determine,
and a satisfactory understanding with the violator that no further
cause for complaint will arise. The Common Council may further declare
any payment made for the service by the violator(s) to be forfeited
and the same shall thereupon be forfeited. The City reserves the right
to change these rules, regulations, and sewer rates from time to time
as it may deem advisable and the right to make special rates and contracts
in all proper cases.
B.
Plumber license required. No one will be permitted to do any plumbing
or pipe fitting work on systems connecting to the public sewer system
without first receiving a license from the State of Wisconsin. All
service connections to the sewer main shall comply with the State
Plumbing Code.
C.
Septic tanks prohibited. From December 31, 1988, the use of septic
tanks, drain fields, cesspools, holding tanks or any other private
sewage disposal system within the sewer service area of the City shall
not be permitted unless approved by the Common Council.
D.
Mandatory hookup. The owner of each parcel of land within the City
adjacent to a sewer main and on which exists a building where persons
reside, congregate or are employed, or in a block through which such
system is extended, shall connect to such system by installing a building
sewer exclusive to that parcel within 365 days of notice in writing
from the Utility Commission. Upon failure to do so, the Utility Commission
may cause such connection to be made and bill the property owner for
such costs. If such costs are not paid within 30 days, such costs
shall be assessed as a special tax against the property. The full
cost of making the connection shall be the property owner's responsibility.
In the alternative, the City at its option may impose a penalty for
the period that the violation continues, after 10 days' written notice
to any owner failing to make a connection to the sewer system, in
the amount of $5 per day. Upon failure to make such payment, said
charge shall be assessed as a special tax against the property, all
pursuant to § 281.45, Wis. Stats.
E.
Applications for service.
(1)
Every person desiring to connect to the sewer system shall file an
application in writing with the City Clerk-Treasurer on such form
as is prescribed for that purpose. Such application forms will be
furnished at the office of the City Clerk-Treasurer. The application
must state fully and truthfully all the wastes which will be discharged.
If the applicant is not the owner of the premises, the written consent
of the owner must accompany the application.
(2)
Application for sewer service is limited to parcels within the corporate
limits of the City unless a connection exists on June 1, 2009. Surcharged
rates will apply to any parcel located outside of the corporate limits
of the City that the City accepts for service.
(3)
If it appears that the service applied for will not provide adequate
service for the contemplated use, the Utility Commission may reject
the application. If the Utility Commission approves the application,
it shall issue a permit for services as shown on the application upon
payment of the connection charge.
F.
Utility responsibility. It is expressly stipulated that no claim
shall be made against the City, Utility Commission or acting representative
by reason of the breaking, clogging, stoppage, or freezing of any
service pipes, nor from any damage arising from repairing mains, making
connections or extensions or any other work that may be deemed necessary.
The right is hereby reserved to cut off the service at any time for
the purpose of repairs or any other necessary purpose, any permit
granted or regulations to the contrary notwithstanding. Whenever it
shall become necessary to shut off the sewer within any district of
the City, the City Clerk-Treasurer shall, if practicable, give notice
to each and every consumer within the affected area of the time when
such service will be shut off.
G.
Recreational vehicle dumping stations. Domestic waste holding tanks on recreational vehicles and trailers shall only be permitted to discharge at the wastewater treatment facility, or dumping station which has been approved by the City, after the fee specified in § 315-17H has been paid.
[Amended 7-17-2017 by Ord. No. 223]
H.
Additional authority. The Common Council may at any time establish
specific connection charges for any building sewer connected or connecting
to the City's sewer system. It is further provided that the Common
Council may amend or alter any connection charge after its establishment
under the terms of this article or previous ordinances or resolutions.
A.
Independent building sewer required. Building sewers must be used exclusively by only one property. No user or owner shall allow other persons, other private sewers, or other services to connect to the sewer system through its property's building sewer. If two or more buildings are served by one building sewer, the Utility Commission may enforce compliance for mandatory hookup pursuant to § 315-11D.
B.
Maintenance of building sewer. The property owner shall maintain
the building sewer from the street main to the house, including all
controls between the same, without expense to the City, except when
they are damaged as a result of negligence or intentional willful
misconduct by the City. All building sewers must be maintained free
of defective conditions by and at the expense of the owner or occupant
of the property.
C.
User to repair building sewer. All users shall keep their building
sewers in good repair and protected from frost at their own risk and
expense and shall prevent any unnecessary overburdening of the sewer
system.
D.
Backflow preventor. All sewer services shall have a backflow prevention
valve installed and maintained at the owner's expense.
E.
Vacating of premises and discontinuance.
[Amended 2-19-2015 by Ord. No. 153D]
(1)
Whenever premises served by the system are to be permanently vacated,
the water service and sewer lateral shall be capped on the lot on
which the premises is located at a location which is reasonably acceptable
to the City of Arcadia Water and Wastewater Utility Superintendent.
The owner of the premises shall notify the City Clerk when the water
service and sewer lateral are ready for abandonment and capping. The
actual abandonment and capping of the water service and sewer lateral
shall be at the sole cost and expense of the owner of the premises
and made under the supervision of the City of Arcadia.
(2)
Whenever a person desires to permanently discontinue service to premises
from the system, the owner or user must notify the City Clerk in writing.
F.
User to permit inspection. Every user shall permit the City, Utility
Commission or its duly authorized agent, at all reasonable hours of
the day, to enter its premises or building to examine the pipes and
fixtures and the manner in which the drains and sewer connections
operate and must at all times, frankly and without concealment, answer
all questions put to it relative to its use, all in accordance with
this article and § 196.171, Wis. Stats.
A.
Excavations.
(1)
An excavation permit shall be obtained from the City before beginning
work for laying building sewers or making repairs. All work shall
be performed in accordance with this article, and the paving and the
earth removed shall be deposited in a manner that will result in the
least inconvenience to the public.
(2)
No person shall leave any such excavation made in any street or highway
open at any time without barricades, and, during the night, warning
lights must be maintained at such excavations.
(3)
In backfilling the excavation, after the pipes are laid, the owner
or owner's agent shall place suitable material in layers of not more
than six inches in depth with each layer thoroughly compacted to prevent
setting. This work, together with the replacing of sidewalks, base
course and paving, must be done so as to make the street as good,
at least, as before it was disturbed and satisfactory to the Utility
Commission. No opening of the streets for tapping the pipes will be
permitted when the ground is frozen.
B.
Tapping the mains.
(1)
Permission and approval from the Utility Commission is required before
any person may tap any public sanitary sewer. The kind and size of
the connection with the pipe shall be that specified in the permit
from the Utility Commission, to ensure that new sewers and connections
to the sewer system are properly designed and constructed.
(2)
Pipes must be tapped on the upper quadrant of the pipe and not within
six inches of a joint and not within 24 inches of another lateral
connection. All service connections to mains must comply with the
State Plumbing Code. Lateral connections to existing sewers shall
be made into saddles and by coring the existing sewer or by inserting
(cutting in) a wye or tee into the existing sewer. The wye or tee
shall be of the same pipe material as the existing sewer. The lateral/tee
connection shall be made with approved adaptors or couplings.
C.
Installation of building sewers (laterals).
(1)
All building sewer pipes (laterals) on private property will be installed
in accordance with State of Wisconsin Administrative Code Chapter
SPS 382, titled "Design, Construction, Installation, Supervision,
Maintenance and Inspection of Plumbing," especially § SPS
382.30, titled "Sanitary drain systems."
(2)
All building sewers and/or private interceptor main sewer shall be
inspected by the Utility Commission pursuant to § SPS 382.21,
Wis. Adm. Code, upon completion of placement of the pipe and before
backfilling and shall be tested before or after backfilling.
(3)
New or replacement building sewers shall be ASTM D3034 SDR 26 PVC
with tracer wire. Tracer wire within a PVC conduit shall be extended
to the surface at the exterior wall of the building served.
D.
Clear water connection prohibited. No person shall make connections
of roof downspouts, foundation drains, sump pumps, yard drains, or
other sources of surface runoff or groundwater to a building sewer
or building drain that is connected directly or indirectly to the
public sewer. Any existing connections of surface runoff or groundwater
shall be disconnected by the owner or the owner's agent within 60
days of written notice from the Utility Commission.
E.
Inspection of connection. The applicant for connection shall notify
the City Clerk-Treasurer when the building sewer is ready for inspection
and connection to the public sewer. The actual connection shall be
made under the supervision of the Utility Commission.
The City shall extend sewer mains in accordance with the following
charges and the following conditions:
A.
Application. When an extension of a sewer main is requested by the
prospective user, said person should make an application for such
an extension in writing to the Utility Commission of the City by filing
of a written application. After the filing of such an application,
the Utility Commission shall determine the logical location of the
next manhole and determine the length and location of the extension,
taking into consideration the prospective demands for service, the
capacity of downstream facilities, and the orderly development of
the particular area. No extension shall be made for a distance less
than the next manhole per § NR 110.13(3), Wis. Adm. Code.
All sewer extensions shall be constructed in compliance with local
and state laws, ordinances and regulations. All sewer extensions shall
be subject to approval by both the Utility Commission and Common Council.
B.
Payment by users. The cost of all sewer extensions in the City shall
be paid through one or more of the following methods:
(1)
Payment of costs. The Common Council may recoup the costs of sewer
main extensions through entering a developer's agreement under § 66.0821(2),
Wis. Stats., or through special assessment under § 66.0703,
Wis. Stats.
(2)
Future users. If a sewer main extension is financed by a developer(s)
and a future sewer main extension is connected to the developer-financed
extension within three years of its completion, then Ch. PSC 187,
Wis. Adm. Code, shall apply.
C.
Construction. If the City constructs the extension, full payment
shall be made before construction begins unless otherwise agreed between
the person requesting the extension and the Common Council. If the
developer constructs the extension, no construction shall begin until
the Common Council, the Utility Commission, the City Engineer, and
any necessary county and state departments approve the plans. When
construction is complete and all tests have been satisfactorily completed
and all necessary rights-of-way or easements have been recorded, the
City shall assume responsibility for the extension.
D.
Pressure sewer. The Utility Commission will consider the use of low-pressure
sewer systems where the developer demonstrates that pressure sewer
is cost-effective compared to a conventional gravity system or offers
overriding environmental benefit. For both types of systems, the City
will operate and maintain only that portion of the system within the
public street or easement.
(1)
Cost-effectiveness analysis. The developer's engineer shall prepare
a cost-effectiveness analysis comparing gravity sewer to pressure
sewer. The analysis shall include both the cost of the sewer in the
public street and the private sewer, including the grinder pump. Estimated
power and maintenance costs shall be included. Environmental benefits
such as reduced disturbance of steep hillsides may also be considered.
The Utility Commission must concur with the selection of pressure
sewer before detailed design proceeds.
(2)
Design requirements. Complete hydraulic calculations demonstrating
flow and head conditions at both initial (first year) and fully developed
conditions shall be prepared. Pressure sewer mains shall be SDR 11
HDPE. Pressure sewer building sewers to single-family users shall
be 1 1/4 inches. The developer shall provide a one-and-one-fourth-inch
curb stop and box at the property line. The developer shall connect
to the main in the street with a fused HDPE tee, install all pipes
with a seven-foot minimum cover, and provide approved flushing connections
at dead ends, changes in pipe size, changes in direction and at intervals
no greater than 1,000 feet. Depending on the length of the system
and number of connections, special odor-control methods or equipment
may be required by the Utility Commission at the discharge.
(3)
Construction. All construction shall meet DNR and SPS requirements.
Grinder pumps shall be furnished, installed and maintained by the
user. Individual grinders for each single-family unit shall be provided
except where multiple living units are under common ownership. The
user shall also install the building sewer and make connection to
the curb stop at the public street. Where a building sewer stub and
curb stop were not provided during initial construction, the user
shall install the building sewer to the main within the street. Only
grinder pump units approved by the Utility Commission are permitted
to be connected to the sewer system. The user's sewer system and grinder
pump shall be protected from clear water entry, including floodwaters.
No open sewer fixtures or grinder pump unit cover shall be located
lower than two feet above the one-hundred-year flood elevation.
(4)
Notice to purchaser. It is the seller's responsibility to provide
notice to the lot purchaser about the Utility Commission policies
related to connection to pressure sewers. The Utility Commission's
pressure sewer user information sheet and typical installation plan
shall be provided to each lot purchaser served by pressure sewer.
A.
Application for septage disposal.
(1)
Between August 1 and September 1 of each year, each licensed disposer
wishing to discharge septage to the City wastewater treatment works
shall file a nonrefundable filing fee and an application in writing
with the City Clerk-Treasurer on such form as is prescribed for that
purpose. During the months of July and August, forms for such application
will be furnished at the office of the City Clerk-Treasurer. The application
must state fully and truthfully the type, frequency, quantity, quality
and location of generated septage to be disposed in the wastewater
treatment works. The forms prescribed for the purpose of documentation
of the discharge will be furnished at the City Clerk-Treasurer's office
and will include all of the following information:
(a)
Name, address and telephone number of the hauler.
(b)
License number.
(c)
Type of septage.
(d)
Quantity of septage.
(e)
Estimated quality of septage.
(f)
Location, date, time and feed rate of discharge.
(g)
Source of septage.
(h)
Name and address of septage generator.
(i)
Other information as required by the Utility Commission.
(2)
During the month of September, the Utility Commission will evaluate
the applications and make a determination as to the amount and conditions
of septage disposal. The Utility Commission shall approve or reject
all applications by October 1 of each year. If the Utility Commission
cannot accept all the proposed septage disposal, then consideration
shall be given first to those generators of septage that are within
the sewer service or holding tank service areas [see § NR
205.07(2)(e) and (f), Wis. Adm. Code].
B.
Bond and insurance required.
(1)
The person(s) or party disposing waste shall furnish bond to the
City in the amount of $1,000 to guarantee performance. Said performance
bond shall be delivered to the City Clerk-Treasurer prior to the issuance
of the permit hereunder. Any person or party disposing of septage
agrees to carry public liability insurance in an amount not less than
$100,000 to protect any and all persons or property from injury and/or
damage caused in any way or manner by any act, or failure to act,
by any of its employees. The person(s) shall furnish a certificate
certifying such insurance to be in full force and effect and naming
the City as an additional insured.
(2)
All Utility Commission approvals for septage disposal shall have
the condition that any time the sewerage system has operational problems,
maintenance problems or threat of WPDES permit violations that are
indirectly or directly related to septage disposal, the Utility Commission
may immediately restrict septage disposal until such time as corrective
action or mitigative measures have been taken.
C.
Septage acceptance location. Septage shall only be discharged to
the City's sewer system by Utility Commission approved and State of
Wisconsin licensed disposers and at locations, times and conditions
as specified by the Utility Commission. Septage discharges to the
receiving facility at the wastewater treatment facility shall be limited
to the normal working hours of the facility. Documentation of the
discharge shall be submitted to the City Clerk-Treasurer within one
working day of the discharge.
A.
General discharge prohibitions. No person shall contribute or cause
to be discharged, directly or indirectly, any of the following described
substances into the wastewater facilities of the City:
(1)
Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction to cause
fire or explosion or be injurious in any other way to the operation
of the wastewater facilities or wastewater treatment works.
(2)
Solid or viscous substances which will or may cause obstruction to
the flow in a sewer or other interference with the operation of the
wastewater system.
(3)
Any wastewater having a pH less than 6.0 or higher than 9.0 or having
any other corrosive property capable of causing damage or hazard to
structures, equipment, or personnel of the system unless the system
is specifically designed to accommodate such wastewater.
(4)
Any wastewater containing arsenic, cadmium, copper, chromium, chloride,
cyanide, lead, mercury, nickel, zinc or other toxic pollutants in
sufficient quantity, either singly or by interaction, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, or to exceed the limitation set forth in special
agreements or state or federal categorical pretreatment standards.
(5)
Any noxious or malodorous liquids, gases or solids which either singly
or by interaction are capable of creating a public nuisance or hazard
to life or health which is sufficient to prevent entry into the sewers
for their maintenance or repair.
(6)
Any substance that may cause the wastewater treatment works effluent,
treatment residues, sludge or scum to be unsuitable for reclamation
and reuse or interfere with the reclamation process.
(7)
Any substance that will cause violations of the WPDES permit or other
disposal system permits.
(8)
Any substance with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature that will inhibit biological
activity in the wastewater treatment works resulting in interference,
but in no case wastewater with a temperature at the introduction into
the public sewer that exceeds 120° F. unless the wastewater facilities
are designed to accommodate such temperature.
(10)
Any slug load, which shall mean any pollutant, including oxygen-demanding
pollutants (BOD5), released in a single extraordinary
discharge episode of such volume or strength as to cause interference
with the wastewater treatment works.
(11)
Any unpolluted water, including but not limited to noncontact
cooling water.
(12)
Any wastewaters that may be acutely or chronically toxic to
aquatic life or wild or domestic animals.
(13)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as exceed limits established by
the City in compliance with applicable state or federal regulations.
(14)
Any wastewater that causes a hazard to human life or health
or creates a public nuisance.
(15)
Any stormwater, surface water, groundwater, roof runoff or surface
drainage or any other connections from inflow sources to the public
sewer. Such waters may be discharged to a storm sewer or other waterway
with permission of the City.
B.
Limitations on wastewater strength.
(1)
National categorical pretreatment standards shall, as promulgated
by the United States Environmental Protection Agency, be met by all
dischargers of the regulated industrial categories.
(2)
State requirements and limitations on all facilities shall be met
by all dischargers who are subject to such standards in any instance
in which they are more stringent than other applicable requirements,
including without limitation those requirements set forth under this
article.
(3)
The Common Council reserves the right to amend this article to provide
for more stringent limitations or requirements on discharges to the
wastewater facilities where deemed necessary to comply with the objectives
set forth in this article.
C.
Dilution. No user shall increase the use of potable or process water
in any way or mix separate waste streams for the purpose of diluting
a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the standards set forth in this article
unless approved in writing by the Utility Commission.
D.
Supplementary limitations.
(1)
No user shall discharge wastewater containing concentrations of the
following enumerated materials exceeding the following values unless
prior approval is granted by the Utility Commission:[1]
|
Material
|
Concentration
(mg/L)
| |
|---|---|---|
|
Biochemical oxygen demand
|
290
| |
|
Suspended solids
|
300
| |
|
Fats, oil and grease (FOG)
|
100
| |
|
Phosphorus
|
6
| |
|
Mercury
|
Nondetectable
|
(2)
The Utility Commission may also impose mass limitations on users
that are using dilution to meet the pretreatment standards or requirements
of this article or in other cases where the imposition of mass limitations
is deemed appropriate by the Utility Commission.
E.
Accidental discharges.
(1)
Each user shall provide protection from accidental discharge of prohibited
or regulated materials or substances established by this article.
Where necessary, facilities to prevent additional discharge of prohibited
materials shall be provided and maintained at the user's cost and
expense. Detailed plans showing facilities and operating procedures
shall be submitted to the Utility Commission for review and shall
be approved by the Utility Commission before construction of the facility.
Review and approval of such plans and operating procedures by the
Utility Commission shall not relieve the user from the responsibility
to modify its facility as necessary to meet the requirements of this
article.
(2)
Dischargers shall notify the Utility Commission immediately upon
the occurrence of a slug load or accidental discharge of substances
prohibited by this article. The notification shall include location
of discharge, date and time thereof, type of waste, concentration
and volume, and corrective actions. Any user who discharges a slug
load or prohibited materials shall be liable for any expense, loss
or damage to the City's wastewater facilities or wastewater treatment
works, in addition to the amount of any forfeitures imposed on the
City on account thereof under state or federal law.
(3)
Signs shall be permanently posted in conspicuous places on an industrial
user's premises advising employees who to call in the event of a slug
or accidental discharge. Employers shall instruct all employees who
may cause or discover such a discharge with respect to emergency notification
procedures.
F.
Grease interceptors. All food service facilities shall provide indoor
or outdoor grease interceptors per § SPS 382.34(5), Wis.
Adm. Code. Documentation on maintenance shall be provided to the Utility
Commission on request. Abnormal sewer or lift station maintenance
expenses caused by discharge of grease shall be the responsibility
of the discharger.
G.
Amalgam management at dental facilities.
(1)
Any dental office that places or removes amalgam shall implement
the amalgam management practices established by the Wisconsin Dental
Association. Practices include capturing and recycling all forms of
waste amalgam from empty capsules, excess scrap, chair-side traps,
and vacuum filters. This subsection does not apply to dental facilities
that do not place or remove amalgam, such as orthodontics, periodontics,
oral and maxillo-facial surgery, endodontics or prosthodontics facilities.
Every vacuum system where amalgam is placed or removed shall incorporate
an amalgam separator that meets ISO 11143 standards by January 1,
2010. Facilities shall install, operate and maintain the amalgam separator
according to the manufacturer's instructions. The amalgam separator
must be of sufficient capacity for the size of the dental facility
and vacuum system.
(2)
Records of amalgam separator maintenance shall be retained for a minimum of three years and shall be readily available for inspection and copying upon request by the Utility Commission. Records must contain volume or weight of amalgam waste, name and address of shipper and name and address of destination. Dental facilities shall allow the Utility Commission to enter the premises during normal operating hours for the purpose of inspection or records examination. Dental facilities implementing Wisconsin Dental Association best management practices (BMPs) and operating and maintaining an amalgam separator are exempt from numerical mercury discharge limits as listed in Subsection B and D.
H.
Groundwater remediation discharges to sewer. The requesting discharger
or contracted agent shall file a notice of intent to discharge groundwater
form with the Utility Commission. The form shall include lab analysis
for BTEX (benzene, toluene, ethylbenzene and xylenes) compounds, gasoline
range organics (GRO) and/or diesel range organics (DRO), as determined
by the Utility Commission on a case-by-case basis depending on the
site. All sampling and analysis shall be performed in accordance with
procedures contained in 40 CFR Part 136, Ch. NR 219, Wis. Adm. Code,
or other such methods approved by the Utility Commission. The Utility
Commission shall reply with acceptance or nonacceptance within 30
days of the receipt of all required information. Acceptance shall
be accompanied by monitoring requirements and estimated sewer use
charges. Any change in ownership or contracted remediation party will
require the resubmission of the above information prior to the continuance
of any remediation discharge.
I.
Special agreements. No statement contained in this article shall
be construed as prohibiting any special agreement between the City
and any person whereby an industrial waste of unusual strength or
character may be admitted to the wastewater facilities or wastewater
treatment works, either before or after pretreatment, provided that
there is no impairment of the functioning of the wastewater treatment
works by reason of the admission of such wastes, and no extra costs
are incurred by the City without recompense by the person, provided
that all rates and provisions set forth in such agreement are complied
with.
A.
DEBT SERVICE CHARGES
NORMAL DOMESTIC STRENGTH WASTEWATER
NORMAL USER
OPERATION AND MAINTENANCE (O&M) COSTS
REPLACEMENT COSTS (R)
SEWER SERVICE CHARGE
Additional definitions. The following terms shall have the following
meanings under this section:
All costs associated with repayment of debts incurred for
the construction and/or rehabilitation of wastewater facilities and
wastewater treatment facilities.
Wastewater with concentrations of BOD5 no greater than 290 milligrams per liter (mg/L), suspended solids
no greater than 300 milligrams per liter (mg/L) and phosphorus no
greater than six milligrams per liter (mg/L).[1]
A user whose contributions to the sewer system consist only
of normal domestic strength wastewater originating from a house, apartment,
or other living quarters occupied by a person or persons constituting
a distinct household, business or commercial enterprise.
All costs associated with the operation and maintenance of
the wastewater facilities and wastewater treatment works. These costs,
including costs associated with clear water flows (l/l), shall be
divided proportionately among the various classes of sewer users.
All costs necessary to accumulate the resources as required
to maintain capacity and performance during the design life of the
facility. Two separate, segregated, distinct replacement funds shall
be established. The treatment replacement fund shall be used only
for replacement of equipment at the wastewater treatment works. The
sewer replacement and extension fund shall be used only for extension,
replacement or rehabilitation of sanitary sewers.
A service charge levied on users of the sewer system for
payment of debt service, operation and maintenance costs and replacement
of said facilities.
B.
Policy. It shall be the policy of the City to obtain sufficient revenues
to pay the costs for the debt service, operation and maintenance of
the wastewater facilities, including the replacement funds, through
a system of sewer service charges as defined in this section. The
system shall assure that each user of the wastewater facilities pays
its proportionate share of the cost of such wastewater facilities.
C.
Connection charge. Persons attaching to a public sewer main shall
have the building sewer from the sewer main installed at their own
expense and shall pay a connection charge as follows:
D.
Basis for sewer service charge. The sewer service charge shall be
based on two parts, the residential equivalency charge plus the sewer
use charge. The residential equivalency charge and the sewer use charge
shall be sufficient to pay the costs of net debt service charges,
the replacement fund costs and fixed operation and maintenance costs.
The rates in this article shall be reviewed by the Utility Commission
not less than biennially. Rates shall be adjusted, as required, to
reflect the actual volume of water used, number and size of users
and actual costs. Users shall be notified annually of the portion
of service charges attributable to debt service and operation, maintenance,
and replacement.
E.
Residential equivalency charge.
(1)
A residential equivalency charge (REC) is hereby imposed upon each
lot, parcel of land, building or premises served by the sewerage system
or otherwise discharging sewage, including nondomestic and industrial
wastes, into the sewer system. Such residential equivalency charge
shall be payable as herein provided and shall be on the basis of one
unit for each residential equivalent unit. Each single-family dwelling
shall be assigned one unit. A single-family dwelling is defined as
a mobile home, a seasonal dwelling, a duplex unit, an apartment unit,
a single-family detached dwelling or a unit in a multifamily building.
(2)
Periodically the Clerk-Treasurer shall recompute the assignment of
residential equivalent units to all users within the sewer system.
Said recalculation shall be based upon the average amount of water
used by each customer (other than single-family dwellings) compared
to the average amount of water used by all single-family dwellings
for the four most recent quarters. In no event shall each customer
(other than single-family dwellings) be assigned a residential equivalent
unit that is less than one unit. A list of calculated REC units is
included as Appendix A. A new user will be assigned initial REC units
based on Appendix B.[2]
[2]
Editor's Note: Appendix A is on file at the office of the City Clerk-Treasurer. Appendix B is included as an attachment to this chapter.
(3)
The residential equivalency charge (REC) shall be $15 per month.
[Added 12-21-2015 by Ord.
No. 153C; amended 12-19-2016]
F.
Sewer
use charge.
[Amended 12-21-2015 by Ord. No. 153C; 12-19-2016; 7-17-2017 by Ord. No.
223; 12-18-2017 by Ord. No. 2017-3; 10-2-2019 by Ord. No. 2019-8; 12-18-2019 by Ord. No. 2019-10; 9-2-2020 by Ord. No. 2020-6; 12-22-2020 by Ord. No. 2020-7; 12-15-2021 by Ord. No. 2021-6; 12-7-2022 by Ord. No. 2022-5]
(1)
A sewer use charge is hereby imposed upon all users of the sewerage
system based upon the metered water used thereon of therein as calculated
by the Water Utility. On or before December 15 of each year, the utility
shall recompute the sewer use charge per 1,000 gallons of water used.
This charge shall be computed by dividing the proposed net yearly
operation, maintenance and replacement budget by the estimated billable
water usage for the following year. Any refrigeration, air conditioning/humidification
system or industrial cooling water not entering the sewerage system
shall not be used in computing the sewer use charge if a separate
meter is installed. The user of such system shall be responsible for
furnishing, installing and maintaining the necessary meter. Such sewer
use charge shall be payable as hereinafter provided, and in an amount
determinable as follows:
(a)
Category A is defined as normal or domestic strength wastewater
having organic concentrations of biochemical oxygen demand (BOD) no
greater than 290 milligrams per liter (mg/L) and phosphorus (P) no
greater than 6 mg/L. The sewer use charge for Category A wastewater
is as follows:
This volumetric charge is based on a waste strength of 290 mg/L
BOD and 6 mg/L P. The following equation is used:
SSC = (CF+ 0.0024 CB + 0.00005 CP) x V = Cv x V
|
SSC
|
=
|
Total sewer service charge
|
|
CF
|
=
|
Flow unit price = $1.60 per 1,000 gallons
|
|
CB
|
=
|
BOD unit price = $201 per 1,000 pounds
|
|
CP
|
=
|
P unit price = $3,140.80 per 1,000 pounds
|
|
V
|
=
|
Total volume of water used during billing periods in units of
1,000 gallons
|
|
CV
|
=
|
Volume unit price= $2.25 per 1,000 gallons
|
(b)
Category B is defined as wastewater having concentrations of
BOD greater than 290 mg/L and/or P greater than 6 mg/L. The minimum
Category B charge will be based on a concentration of 290 mg/L BOD
and 6 mg/LP. The equation for the Category B charge is as follows:
SSC = CF + (BOD x CB) + (P+CP)
|
SSC
|
=
|
Total sewer service charge
|
|
BOD
|
=
|
Biochemical oxygen demand expressed in 1,000 pounds
|
|
P
|
=
|
Suspended solids expressed in 1,000 pounds
|
|
CF
|
=
|
Flow unit price = $1.60 per 1,000 gallons
|
|
CB
|
=
|
BOD unit price = $201 per 1,000 pounds
|
|
CP
|
=
|
P unit price = $4,978.40 per 1,000 pounds
|
|
V
|
=
|
Total volume of water used during billing periods in units of
1,000 gallons
|
(c)
Holding tank. The sewer service charge for holding tank waste
shall be based on $3.39 per 1,000 gallons plus a $50 trip charge.
(d)
Septage. The sewer service charge for septage waste shall be
based on $11.29 per 1,000 gallons plus a $50 trip charge.
H.
Recreational vehicle dumping stations. Notwithstanding anything contained
in this article to the contrary, sewage dumping stations serving domestic
waste holding tanks on recreational vehicles and trailers shall pay
$10 per use.
I.
Unique users. The City may, at any time hereafter, establish additional
rates for any large commercial service, industrial user or any other
unique user that does not readily fit into other user categories.
J.
Reassignment of sewer users. The Utility Commission will reassign
sewer users into appropriate sewer use charge categories if wastewater
sampling programs and other related information indicate a change
of categories is necessary.
A.
Payment and penalty. The sewer service charge shall be for the corresponding
period of the water bills, monthly for all users. Charges shall be
payable to the City Clerk-Treasurer not later than 20 days after the
date of the invoice. A penalty of 1% per month shall be added to all
bills not paid by the date fixed for payment.
B.
Charges a lien. All sewer service charges imposed by this article
or another ordinance adopted by the City shall be a lien upon the
property serviced pursuant to § 66.0809(3), Wis. Stats.,
and shall be collected in the manner therein provided.
C.
Disposition of revenue. The amounts received from the collection
of charges authorized by this article shall be credited to a wastewater
facilities account that shall show all receipts and expenditures of
the wastewater facilities. Charges collected for replacement funds
shall be credited to segregated, nonlapsing replacement accounts.
These funds are to be used exclusively for the replacement purpose
defined by the Utility Commission. All present outstanding sewer system
general obligation bonds, including refunding bonds and revenue bonds,
shall be paid from the wastewater facilities fund as to both principal
and interest.
A.
Discharge conditions. If any wastewaters or septage is discharged, or proposed to be discharged, to the wastewater facilities that contains substances or possesses the characteristics which violate the limits and regulations enumerated in § 315-16 and which, in the sole discretion of the Utility Commission, may be detrimental to the wastewater facilities, the Utility Commission may:
B.
Septage discharges. Septage discharged to the wastewater facilities
shall be of domestic origin only and septic tank wastes shall be segregated
from holding tank wastes.
C.
Control manholes.
(1)
Each person discharging industrial wastes into a public sewer shall
construct and maintain one or more control manholes or access points
at each connection to the sewer system to facilitate observation,
measurement, and sampling its waste, excluding domestic sewage when
feasible.
(2)
Control manholes or access facilities shall be located and built
in a manner acceptable to the Utility Commission. If measuring devices
are to be permanently installed, they shall be of a type acceptable
to the Utility Commission.
(3)
Control manholes, access facilities, and related equipment shall
be installed by the person discharging the industrial waste, at its
expense, and shall be maintained by the person discharging the waste
so as to be in safe condition, accessible, and in proper operating
condition at all times. Plans for installation of the control manholes
or access facilities and related equipment shall be subject to approval
by the Utility Commission prior to the beginning of construction.
D.
Measurement of flow. The volume of flow used for computing the sewer
use charge for nonseptage disposal shall be based upon the water consumption
of the person as shown in the records of meter readings maintained
by the City Water Utility unless approved wastewater flow meters are
provided.
E.
Provision for deductions. In the event that a person discharging
industrial waste into the public sewers produces evidence satisfactory
to the Utility Commission that more than 10% of the total annual volume
of water used for all purposes does not reach the public sewer, then
the determination of the water consumption to be used in computing
the wastewater volume discharged into the public sewer may be made
a matter of agreement between the Utility Commission and the industrial
wastewater discharger.
F.
Metering of wastewater. Devices for measuring the volume of wastewater
discharged may be required by the Utility Commission if this volume
cannot otherwise be determined from the metered water consumption
records. Metering devices for determining the volume of wastewater
shall be furnished, installed, owned, and maintained by the person
discharging the wastewater. Following approval and installation, such
meters may not be removed without the consent of the Utility Commission.
G.
Wastewater sampling.
(1)
Industrial wastes and septage discharged into the public sewers shall
be subject to periodic inspection and a determination of character
and concentration of said waste as specified by the Utility Commission.
(2)
Samples shall be collected in such a manner as to be representative
of the composition of the wastes. The sampling may be accomplished
either manually or by the use of mechanical equipment acceptable to
the Utility Commission.
(3)
Laboratory analysis shall be the responsibility of the person discharging
the wastewater or septage and shall be subject to the approval of
the Utility Commission or its duly authorized representatives. Every
care shall be exercised in the collection of samples to ensure their
preservation in a state comparable to that at the time the sample
was taken. All analysis shall be performed by a Wisconsin certified
laboratory.
H.
Pretreatment. The Utility Commission may require the discharger to
modify or eliminate wastes that are harmful to the structures, processes,
or operation of the wastewater facilities. The discharger shall provide
at its expense such preliminary treatment or processing facilities
as may be required to render this waste acceptable for admission to
the public sewers.
I.
Grease and/or sand interceptors. The Utility Commission may require
the discharger to provide for grease, oil, and sand interceptors,
which shall be readily and easily accessible for cleaning and inspection.
The discharger shall maintain the interceptors and 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
that are subject to review by the Utility Commission. Any removal
and hauling of the collected materials not performed by the discharger's
personnel must be performed by currently licensed disposal firms.
All food service facilities shall provide indoor or outdoor grease
interceptors per § SPS 382.34(5), Wis. Adm. Code. Documentation
on maintenance shall be provided to the Utility Commission on request.
Expenses associated with abnormal sewer or lift station maintenance
caused by discharge of grease shall be the responsibility of the discharger.
J.
Analyses.
(1)
All measurements, tests, and analyses of the characteristics of water,
waste, and septage to which reference is made in this article shall
be determined in accordance with the latest edition of Standard Methods
by a laboratory certified under Ch. NR 149, Wis. Adm. Code. Sampling
methods, locations, times, durations, and frequencies are to be determined
on an individual basis subject to approval by the Utility Commission.
(2)
Determination of the character and concentration of the industrial
wastewater shall be made by the person discharging the wastewater
or by its agent, as designated and required by the Utility Commission.
The Utility Commission may also make its own analyses of the wastes
and these determinations shall be used as a basis for charges. If
the person discharging the waste contests the determination, the Utility
Commission may elect to have an independent laboratory determine the
character and concentration of the waste. Said independent laboratory
shall be certified under Ch. NR 149, Wis. Adm. Code, and be reasonably
acceptable to both the Utility Commission and the person discharging
the waste. All costs incurred by the independent laboratory in making
the determination shall be the responsibility of the discharger.
K.
Submission of information. Plans, specifications, and any other pertinent
information relating to proposed flow equalization, pretreatment,
or wastewater processing facilities shall be submitted for review
by the Utility Commission and the City Engineer prior to the start
of their construction if the effluent from such facilities is to be
discharged into the public sewers.
L.
Submission of basic data. Within three months after the effective date of this article, each person who discharges industrial wastes to a public sewer shall prepare and file with the Utility Commission a report that shall include pertinent data relating to the quantity and characteristics of the waste discharged to the sewerage system. The Utility Commission shall be notified not less than 60 days in advance of implementation of any plans that change the discharge of industrial waste by more than 15% of flow or strength. Such a request shall be evaluated as provided in Subsection K. Similarly, each person desiring to make a new connection to a public sewer for the purpose of discharging industrial wastes shall prepare and file with the Utility Commission a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.
The City shall have conducted an independent annual audit, the
purpose of which shall be to maintain the proportionality between
users and user classes of the sewer use charge system and to ensure
that adequate revenues are available relative to increasing operation,
maintenance and replacement costs and debt service charges. The findings
and recommendations of this audit shall be available for public inspection.
A.
Damages. No unauthorized person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface, or tamper with
any structure or equipment that is a part of the wastewater facilities.
Any person violating this provision shall be subject to immediate
arrest.
B.
Written notice of violation.
(1)
Any person connected to the wastewater facilities found to be violating a provision of this article other than Subsection A shall be served by the City with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. In the event of an emergency the notice may be verbal.
(2)
Any licensed disposer discharging to the wastewater facilities found
to be violating a provision of this article or of any conditions of
the City's approval for septage disposal may have its approval immediately
revoked. This revocation shall be done in writing and state the reasons
for revoking the septage disposal approval.
C.
Deleterious discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the wastewater facilities which
causes damage to the wastewater facilities, wastewater treatment works,
or receiving water body shall, in addition to a forfeiture, pay the
amount to repair all damages, both of which will be established by
the Common Council.
D.
Discharge reporting. Any person responsible for a discharge that
may have a detrimental impact on the sewerage system shall immediately
report the nature and amount of the discharge to the City Clerk-Treasurer.
E.
Liability to City for losses. Any person violating any provision
of this article shall become liable to the City for any expense, loss,
or damage occasioned by reason of such violation that the City might
suffer as a result thereof.
F.
Damage recovery. The City shall have the right of recovery from all
persons of any expense incurred for the repair or replacement of any
part of the wastewater facilities or wastewater treatment works damaged
in any manner by any person by the performance of any work under its
control, or by any negligent or willful acts of that person or that
person's employees or agents.
G.
Penalties.
(1)
Any person who violates any of the provisions of this article or applicable City regulations, who connects a service pipe or discharges without first having obtained a permit, or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference, upon conviction of such violation shall forfeit not less than $50 nor more than $500, together with statutorily prescribed court costs and assessments. This provision shall not bar the City from enforcing the mandatory connection requirement of § 315-11D.
(2)
Any person, partnership, or corporation, or any officer, agent, or
employee thereof, who shall continue any violation after the lapse
of the time limit provided for cessation of a violation, upon conviction
of such continuing violation, shall forfeit not less than $500, together
with statutorily prescribed court costs and assessments. In default
of payment of such forfeiture and costs, said violator shall be subject
to imprisonment in the county jail for a period not to exceed one
day for each $40 of unpaid forfeiture and costs. Each day in which
any violation is continued beyond the aforesaid notice time limit
shall be deemed a separate offense.
H.
Appeal procedures. Any user affected by any decision, action, or
determination, including cease-and-desist orders, made by the interpreting
or implementing provisions of this article may file a written appeal
with the Utility Commission within 10 days of the date of such decision,
action, or determination, setting forth in detail the facts supporting
the user's appeal. The Utility Commission shall render a decision
on the written appeal to the user in writing within 30 days of receipt
of the appeal. If the ruling on the request for reconsideration made
by the Utility Commission is unsatisfactory, the person requesting
reconsideration may, within 10 days after notification of the action,
file a written appeal with the Common Council. A fee established by
the Common Council by resolution shall accompany any appeal. This
fee shall be refunded if the appeal is sustained in favor of the appellant.
This subsection shall not apply to any citation or pending court action.[1]
A.
Repeal
of conflicting ordinances. This article shall supersede all previous
ordinances, resolutions, orders, or City regulations and shall repeal
all parts thereof that may be in conflict with this article. If there
is any conflict between this article and any applicable Wisconsin
Statute, the statute shall be controlling.
B.
Amendments.
The City, through its duly qualified governing body, may amend this
article in part or in whole whenever it may deem necessary.
