[HISTORY: Adopted by the Common Council of the City of Glenwood
City 12-1-2003 by Ord. No. 2003-02 as Title 9, Ch. 2, of the 2003 Code. Amendments noted where
applicable.]
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows. "Shall" is mandatory;
"may" is permissive.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
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.[1]
The City of Glenwood City, Wisconsin, or any authorized person
acting in its behalf.
A sewer intended to receive both wastewater and stormwater
or surface water.
Waterborne wastes normally being discharged from the sanitary
conveniences of dwellings, apartment houses, hotels, office buildings,
factories and institutions, free of industrial wastes, and in which
the average concentration of suspended solids is established at or
below 250 mg/l and the BOD is established at or below 250 mg/l.
An acquired legal right for the specific use of land owned
by others.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.[2]
Any waste from holding tanks such as chemical toilets, campers,
trailers, septic tanks, and vacuum pump tank trucks.
The wastewater from industrial processes, trade or business
as distinct from domestic or sanitary wastes.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
All costs incurred in the operation and maintenance of the
City's wastewater treatment works. This class of cost shall include,
but not be limited to, labor, energy, chemicals and replacement costs
and excludes debt retirement.
The state or any agency or institution of the state, any
municipality, governmental subdivision, public or private corporation,
individual, partnership, or other entity, including but not limited
to association, commission or any interstate body, and including any
officer or governmental subdivision or public or private corporation
or other entity.[3]
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 7 and a
hydrogen-ion concentration of 10.
The treatment of wastewaters to remove or reduce the quantity
of one or more pollutants prior to discharge to the City wastewater
treatment works.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A common sewer controlled by a governmental agency or public
utility.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary to maintain the capacity and
performance during the service life of the treatment works for which
such works were designed and constructed. The term "operation and
maintenance" includes replacement.
A sewer that carries liquid and 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.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water 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 collection system and/or performance of
the wastewater treatment works.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
Total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater, or other liquids and
that is removable by a standard glass fiber filter.[4]
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 charge to users of the treatment plant which adequately
provides for proportionate recovery of the operation and maintenance
costs.
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 structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant."
A natural or artificial channel for the passage of water
either continuously or intermittently.
The permit to discharge pollutants obtained under the Wisconsin
Pollutant Discharge Elimination System pursuant to Chapter 283 of
the Wisconsin Statutes.
A.
Unsanitary deposits. It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary manner on public
or private property within the City or in any area under the jurisdiction
of the City any human or animal excrement, garbage, or objectionable
waste.
B.
Discharge to natural outlet. It shall be unlawful to discharge to
any natural outlet within the City, or in any area under the jurisdiction
of the City, any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent
provisions of this chapter.
C.
Private disposal systems. Except as hereinafter provided, it shall
be unlawful to construct or maintain any privy vault, septic tank,
cesspool, or other facility intended or used for the disposal of wastewater.
D.
Connection to public sewers.[1]
(1)
The
owners of all houses, buildings or properties used for human occupancy,
employment, recreation or other purposes, situated within the City
and abutting on any street, alley or right-of-way in which there is
now located, or may in the future be located, a public sanitary sewer
of the City, is hereby required at the owner's expense to install
suitable toilet facilities therein.
(2)
At
such time as a municipal sewer becomes available to a property served
by an individual wastewater treatment system as provided in this section,
a direct connection shall be made to the municipal sewer in compliance
with this chapter within 90 days after the date of mailing or delivering
official notice to do so, and any septic tanks, cesspools and similar
individual wastewater collection or disposal facilities shall be abandoned
and filled with suitable material at the owner's expense. The notice
shall be given to the owner or occupant in writing by the City Clerk-Treasurer
on order of the Common Council or its designee. The notice to connect
to sewer facilities under this section shall also require the owner
to hook up to municipal water and pay all associated costs.
(3)
Whenever
any owner or occupant fails to comply with such written notice, the
Council shall, by resolution, direct that a toilet be installed and
connection made with the sewer system and that the cost of the installation
be paid in the first instance out of the general fund and then assessed
against the property benefited.
(4)
After
the installation and connection have been completed pursuant to Council
resolution, the Clerk-Treasurer shall serve a written notice of the
assessment upon the owner or his representative directing him to pay
the assessment to the Clerk-Treasurer within 10 days after the service
of the notice. If the assessment is not paid within 10 days, the Clerk-Treasurer
shall certify the amount to the County Auditor for collection in the
same manner as other special assessments. The Common Council may,
by resolution, spread the assessment over a five-year period.
(5)
Any
houses, buildings or properties used for human occupancy, employment,
recreation or other purpose, except private garages and storage buildings,
where municipal sewer is not available shall be connected to an individual
wastewater disposal system complying with all local, county, state
and/or federal regulations concerning individual wastewater disposal
systems.
(6)
Municipal
sewer is deemed available to:
(a)
Any structure abutting any street, alley or right-of-way in which
there is now located a public sanitary sewer of the City;
(b)
Any structure within 200 feet of a public sanitary sewer of the City;
(c)
Any structure to which connection to municipal sewer service can
be done at a reasonable cost; or
(d)
Any structure required to be connected or deemed to have municipal
sewer available by any applicable local, county, state or federal
law.
A.
Private systems. Where a public sanitary or combined sewer is not available under the provisions of § 340-2, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.
Permit. Before commencement of construction of a private wastewater
disposal system, the owner(s) shall first obtain a written permit
signed by the St. Croix County Zoning Administrator and comply with
current St. Croix County sanitary laws. The City expressly consents
to the enforcement of such laws by the St. Croix County Zoning Administrator
and other county officials within the City. Violations of this section
may also be prosecuted by the City.
C.
Inspection. A permit for a private wastewater disposal system shall
not become effective until the installation is completed to the satisfaction
of the approving authority. The approving authority shall be allowed
to inspect the work at any stage of construction, and, in any event,
the applicant for the permit shall notify the approving authority
when the work is ready for final inspection and before any underground
portions are covered. The inspection shall be made within 48 hours
of the receipt of notice.
D.
Code compliance. The type, capacities, location, and layout of a
private wastewater disposal system shall comply with all recommendations
of the appropriate administrative codes of the State of Wisconsin.
No permit shall be issued for any private wastewater disposal system
employing subsurface soil absorption facilities where the area of
the lot is less than that set forth in the City's or county's
subdivision regulations or sanitary codes. No septic tank or cesspool
shall be permitted to discharge to any natural outlet.
E.
Connection to public sewer. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 340-2, a direct connection shall be made to the public sewer within 90 days in compliance with this chapter, provided that the septic system is over five years of age. Any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.[1]
F.
Maintenance. The owner(s) shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at all times,
at no expense to the City. Sludge removal from private disposal systems
is to be performed by licensed operators and disposed of in a manner
approved by the Wisconsin Department of Natural Resources. Sludge
removal shall be no less frequent than once every three years.
G.
Additional requirements. No statement contained in this section shall
be construed to interfere with any additional requirements that may
be imposed by the City.
A.
Permit required. No unauthorized person(s) 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.
B.
Permits. A permit for installation of a building sewer shall be considered
as part of the building permit and issued by the City.
C.
Cost. All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner(s). The owner(s)
shall indemnify the City from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
D.
Separate building sewers. A separate and independent building sewer
shall be provided for every building.
E.
Reuse of existing building sewers. Old building sewers may be used
in connection with new buildings only when they are found, on examination,
to meet all requirements of this chapter.
F.
Construction and materials. The size, slope, alignment, and materials
of construction of a building sewer, and the methods to be used in
excavating, placing of the pipe, jointing, testing, and backfilling
the trench, shall all conform to the requirements set forth in Ch.
SPS 382, Wis. Adm. Code.
G.
Building sewer depth. Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage discharge carried
by such building drain shall be lifted by an approved means and discharged
to the building sewer.
H.
Exclusion of unpolluted water. No person(s) shall make connection
of roof downspouts, foundation drains, areaway drains, or other sources
of surface runoff or groundwater to a building sewer or building drain
which in turn is connected directly or indirectly to a public sanitary
sewer unless such connection is approved by the City or its designee
for purposes of disposal of polluted surface drainage.[1]
I.
Building sewer connection. The connection of the building sewer into
the public sewer shall conform to the requirements of the building
and plumbing codes or other applicable rules and regulations of the
City and state. All such connections shall be made gastight and watertight
and verified by proper testing. Any deviation from the prescribed
procedures and materials must be approved by the City or its designee
before installation.[2]
J.
Inspection. The applicant for the building permit shall notify the
City when the building is ready for inspection and connection to the
public sewer. The connection and testing shall be made under the supervision
of the City or its designee.[3]
K.
Barricades and restoration. All excavations for building sewer installation
shall be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways, and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the City.
L.
New connections. New connections to the system shall be allowed only
when there is available capacity in all downstream wastewater collection
and treatment facilities.
A.
Laterals.
The property owner will be responsible for replacing the lateral from
the main to the property line if the cause is due to normal use and/or
age. The property owner will be responsible for keeping the lateral
to the main open and is directed to notify the Department of Public
Works of any clogged pipe and allow sufficient time for the Department
to check the connection sewer main before attempting any means of
opening the building sewer.
B.
Services.
The property owner will be responsible for replacing and keeping the
service pipe open from the main to the property owner's building.
The property owner is directed to inform the Department of Public
Works of any clogged pipe before attempting any means of opening the
building sewer. The Department will not be responsible for any expenses
incurred by the property owner in attempting to open a building sewer
when the Department had not been notified and allowed sufficient time
to check the sewer main. The City will not be responsible for any
expenses incurred by the property owner in unclogging a building sewer
when the connecting sewer main is open. Any construction within any
street right-of-way or any public easement shall occur only upon issuance
of any permits required under other provisions of the City Code and
upon notice to the Director of Public Works sufficient to allow his
supervision and inspection.
C.
Damage
recovery. The City shall have the right of recovery from all persons,
partnerships, corporations, organizations, associations or groups
of any expense or increased cost incurred by said sewer system for
the operation, maintenance, repair or replacement of any aspect of
the sewer system because of any act, whether intentional or inadvertent,
by said persons, partnerships, corporations, organizations, associations
or groups.
A.
Unpolluted water discharge prohibited. 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 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 City.
B.
Allowable discharges. Stormwater other than that exempted under Subsection A above and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the City and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged on approval of the City or other regulatory agency to a storm sewer, combined sewer or natural outlet.[1]
C.
Prohibited discharges. No person(s) shall discharge or cause to be
discharged any of the following described waters or wastes to any
public sewers:[2]
(1)
Any wax, grease or oil, plastic or any other substance that will
solidify or become discernibly viscous at temperatures between 32°
and 150° F. (0° and 65° C.).
(2)
Any solids, liquids or gases which by themselves or by interaction
with other substances may cause fire, explosion, or hazards, create
toxic fumes or in any other way be injurious to persons or property
involved in the operation or maintenance of the wastewater treatment
works.
(3)
Any solids, slurries or viscous substances of such character as to
be capable of causing obstruction to the flow in the collection system
or storm sewers or interfering with the proper operation of the wastewater
treatment works.
(4)
Any garbage that has not been properly comminuted or shredded. Garbage
grinders may be connected to sanitary sewers from homes, institutions,
restaurants, hospitals, catering establishments or similar places
where garbage originates from the preparation of food in kitchens
for the purpose of consumption on the premises or when served by caterers.
(5)
Any noxious or malodorous substance which, either singly or by interaction
with other substances, is capable of causing odors objectionable to
persons of ordinary sensitivity.
(6)
Any wastes or wastewater having a pH lower than 5.5 or higher than
10 or having any corrosive property capable of causing damage or hazards
to the wastewater treatment works or personnel.
(7)
Any waste or wastewater of such character and quantity that unusual
attention or expense is required to handle it in the wastewater treatment
works.
(8)
Any wastewater or wastes containing a toxic or poisonous substance,
such as plating or heat treating wastes, in sufficient quantity to
injure or interfere with any wastewater treatment process, to constitute
a hazard to humans or animals or to create any hazard in the wastewater
treatment works or which would cause the City wastewater treatment
facilities to discharge any of the following pollutants in quantities
in excess of the limitations established in the Wisconsin Administrative
Code or WPDES permit: cyanide, hexavalent chromium, trivalent chromium,
copper, nickel, cadmium, zinc, phenols, iron and tin.
(9)
Any radioactive wastes greater than allowable releases as specified
by current United States Bureau of Standards handbooks dealing with
the handling and release of radioactivity.
(10)
Free or emulsified oil and grease exceeding on analysis an average
of 100 milligrams per liter of either, both or combinations of free
or emulsified oil and grease, if in the opinion of the Director of
Public Works it appears probable that such wastes or wastewater:
(a)
Can deposit grease or oil in the collection system in such manner
to cause it to clog.
(b)
Is not amenable to bacterial action and shall therefore pass to the
receiving waters without being affected by normal wastewater treatment
processes.
(c)
Can have deleterious effects on the wastewater treatment process
due to the excessive quantities.
(11)
Any cyanides or cyanogen compounds capable of liberating hydrocyanic
gas or acidification in excess of 0.5 milligram per liter by weight
as cyanide in the wastes.
(12)
Wastes or wastewater which:
(a)
Causes unusual concentrations of solids or composition, for example,
in total suspended solids of inert nature, such as fuller's earth,
lime slurries and lime residues, and/or in total dissolved solids,
such as sodium chloride or sodium sulfate.
(b)
Causes excessive discoloration in the discharge of the wastewater
treatment facilities.
(c)
Has flow characteristics or pollutant loadings in excess of the limits
established in the permit for a user.
(d)
Is discharged without application for a permit.
(e)
Causes damage to the collection system or impairs the treatment process.
D.
Limited discharges. 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 constitute a nuisance.
The City 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 its opinion
as to the acceptability, the City or its designee will give consideration
to such factors as the quantity of subject waste in relation to flows
and velocities in the sewers, the wastewater treatment process employed,
capacity of the wastewater treatment plant, degree of treatability
of the waste in the wastewater treatment plant, and other pertinent
factors. The limitations or restrictions on materials or characteristics
of waste or wastewaters discharged to the sanitary sewer which shall
not be violated without approval of the City are as follows:[3]
(1)
Wastewater having a temperature higher than 150° F. (65°
C.).
(2)
Any waters or wastes containing iron, chromium, copper, zinc, and
similar objectionable or toxic substances to such degree that any
such material received in the composite wastewater at the wastewater
treatment works exceeds the limits established by the City for such
materials.
(3)
Quantities of flow, concentrations, or both which constitute a "slug"
as defined herein.
E.
Alternatives to acceptance of wastewater.[4]
(1)
If any water or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D, and which in the judgment of the City or its designee may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving water, or which otherwise create a hazard to life or constitute a public nuisance, the City may:
(a)
Reject the wastes;
(b)
Require pretreatment to an acceptable condition for discharge
to the public sewers;
(c)
Require control over the quantities and rates of discharge;
and/or
(d)
Require payment to cover added cost of handling and treating
the wastes not covered by existing taxes or sewer charges.
(2)
When considering the above alternatives, the City shall give consideration
to the economic impact of each alternative on the discharger. If the
City permits the pretreatment or equalization of waste flow, the design
and installation of the plants and equipment shall be subject to the
review and approval of the City or its designee.
F.
Grease, oil and sand interceptors. Grease, oil and sand interceptors
shall be provided when, in the opinion of the City, they are necessary
for the proper handling of liquid wastes containing floatable grease
in excessive amounts, or any flammable wastes, sand, or other harmful
ingredients, except that such interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall
be of a type and capacity approved by the City 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 City. Any removal and hauling of
the collected materials not performed by the owner's personnel
must be performed by currently licensed waste disposal firms.[5]
G.
Maintenance. Where pretreatment or flow-equalizing facilities are
provided or required for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner(s)
at his expense.
H.
Control manholes. When required by the City, the owner of any property
serviced by a building sewer carrying industrial wastes shall install
a suitable structure together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling,
and measurement of the wastes. Such structure, when required, shall
be accessibly and safely located and shall be constructed in accordance
with plans approved by the City. The structure shall be installed
by the owner at his expense and shall be maintained by him so as to
be safe and accessible at all times.
I.
Information which may be required. The City may require a user of
sewer services to provide information needed to determine compliance
with this chapter. These requirements may include:
(1)
Wastewater discharge peak rate and volume over a specified time period.
(2)
Chemical analysis of wastewaters.
(3)
Information on raw materials, processes, and products affecting wastewater
volume and quality.
(4)
Quantity and disposition of specific liquid, sludge, oil, solvent,
or other materials important to sewer use control.
(5)
A plot plan of sewers on the user's property showing sewer and
pretreatment facility location.
(6)
Details of wastewater pretreatment facilities.
(7)
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
J.
Method of analysis. All measurements, tests, and analyses of the
characteristics of waters and wastes to which reference is made in
this chapter shall be determined in accordance with the latest edition
of Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association. Sampling methods, location
times, duration and frequencies are to be determined on an individual
basis subject to approval by the City.
K.
Accidental discharge of prohibited wastewater. All discharges shall
provide protection from accidental discharge of prohibited or regulated
materials or substances established by this chapter. Dischargers shall
notify the City immediately upon the occurrence of an accidental discharge,
including the location of the discharge and the type, concentration
and volume of the discharge. Within 15 days of the discharge, a detailed
written statement describing the cause of the discharge and the measures
taken to prevent future occurrences shall be submitted to the City.
The dischargers will be liable for any expense, loss or damage to
the treatment works caused by the discharge in addition to any fines
imposed by the City pursuant to this chapter.
L.
Dilution. No discharge 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
chapter.
M.
Discharge of holding tank wastes. No person shall discharge holding
tank wastes into the City wastewater facilities without obtaining
approval from the City. The City shall determine appropriate charges
and direct such discharges.
N.
Special agreements. No statement contained in this chapter shall
be construed as preventing any special agreement or arrangement between
the City and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the City for treatment.
The City may also contract with users or other municipalities.
O.
User charges.
(1)
The City shall establish user charges to generate sufficient revenue
to offset the total cost of operation and maintenance, all or a portion
of debt retirement, and the total cost of the previous year's
operating debt of its wastewater treatment facility, pumping station,
and collection system. The City shall determine the portion of debt
service to be paid by user charges. The user charges shall distribute
the costs proportionately among users and user classes. All wastewater
customers shall be notified annually of the wastewater rates. The
notification shall indicate that portion of the rate which is applicable
to operation and maintenance expenses. If excess revenues are collected
from a particular user class, the excess revenues shall be applied
to reduce the user charge for the same user class the following years.
The City shall review wastewater contributions of its users and align
its revenue system to recover actual costs at least biennially.
P.
Utility responsibility. It is expressly stipulated that no claim
shall be made against the City 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 regulation to the contrary
notwithstanding. Whenever it shall become necessary to shut off the
sewer service within the City, the City Clerk-Treasurer shall, if
practicable, given notice to each and every customer within such affected
district of the time when such service will be so shut off.
No person(s) shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment which is a part of the wastewater facilities. Any person(s)
violating this section shall be subject to immediate arrest under
charge of disorderly conduct.
A.
Right of entry. Duly authorized employees or representatives of the
City bearing proper credentials and identification shall be permitted
to enter all properties for the purposes of inspection, observation,
measurement, sampling, and testing pertinent to discharge to the community
system in accordance with the provisions of this chapter.
B.
Right to information. Duly authorized employees or representatives
are authorized to obtain information concerning industrial processes
which have a direct bearing on the kind and source of discharge to
the wastewater collection system. The industry may withhold information
considered confidential. The industry must establish that the revelation
to the public of the information in question might result in an advantage
to competitors.[1]
C.
Liability. While performing the necessary work on private properties referred to in Subsection A above, the duly authorized employees or representatives of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury to or death of the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 340-6H.[2]
D.
Easements. Duly authorized employees or representatives of the City
bearing proper credentials and identification shall be permitted to
enter all private properties through which the City holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the
wastewater facilities lying within said easement. All entry and subsequent
work, if any, on said easement shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
A.
Notice of violation. Any person found to be violating any provision of this chapter except § 340-7 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time state in such notice, permanently cease all violations.
B.
C.
Liability. Any person violating any of the provisions of this chapter
shall become liable to the City for any expense, loss, or damage occasioned
the City by reason of such violation.
D.
Right of appeal. Any discharger or agent of the discharger shall
have the right to appeal an interpretation or ruling by the City on
any matter covered by this chapter. This discharger or his agent shall
be entitled to a hearing before the Council of the City for the purpose
of appeal. Such a meeting shall be promptly scheduled by the City
upon receipt of a written appeal from the discharger.
E.
Stay of enforcement. In the event that such appeal deals with matters
of performance or compliance with this chapter to which enforcement
activity relating to an alleged violation is subject, receipt of a
discharger's written appeal shall stay all enforcement proceedings
pending the hearing before the Council. Appeal on a final judgment
by the City entered pursuant to this chapter may be taken in accordance
with the law of the State of Wisconsin.
