[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as Title 9, Ch. 1, of the 1993 Code of Ordinances. Amendments
noted where applicable.]
This chapter shall be known as, referred to or cited as the
"Sewer Use and Wastewater Rate Ordinance of the Village of Howards
Grove."
This chapter shall regulate the use of public and private sewers
and drains, the installation and connection of building sewers and
the discharge of waters and wastes into the public sewer system and
provide penalties for violations thereof. In addition, this chapter
shall provide guidelines for levying and collection of user charges.
As used in this chapter, the enumerated terms, words and phrases
shall be defined as follows:
The Village Board of the Village of Howards Grove.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed in milligrams
per liter (mg/l). Quantitative determination of BOD shall be made
in accordance with procedures set forth in Standard Methods.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste or other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
Those sanitary sewer users who discharge no greater than
10,000 gallons per day of normal domestic strength wastewater with
concentrations of BOD no greater than 200 mg/l, suspended solids no
greater than 200 mg/l, phosphorus no greater than 10 mg/l and nitrogen
no greater than 33 mg/l.
Those sanitary sewer users who discharge greater than 10,000
gallons per day of wastewater or wastewater with concentrations in
excess of 200 mg/l of BOD, 200 mg/l of suspended solids, 10 mg/l of
phosphorus and 33 mg/l of nitrogen. Users whose wastewater exceeds
the concentration for any one of these parameters shall be in Category
B.
The Chief Operator of the wastewater treatment plant of the
Village or his authorized representative.
The amount of chlorine, in mg/l, which shall be added to
sewage to produce a residual chlorine as specified in the Wisconsin
Pollutant Discharge Elimination System (WPDES) permit.
All costs associated with the operation and maintenance of
the wastewater collection and treatment facilities, as well as the
costs associated with periodic equipment replacement necessary for
maintaining capacity and performance of wastewater collection and
treatment facilities.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
wastewater treatment facility to maintain the capacity and performance
for which such facilities were designed and constructed. Operation
and maintenance costs include replacement costs.
Reference the Wisconsin Administrative Code Chapter SPS 382
for related definition.
See "building drain."
See "storm drain."
An acquired legal right for the specified use of land owned
by others.
The discharge of normal domestic strength wastewater equivalent
in volume to the wastewater discharged by an average family living
unit. (For example, a building containing four apartments would have
four EHUs.) The equivalent housing unit is based on an average of
28 drainage fixture units (DFU) based on § SPS 382.30, Table
382.30-1, Wis. Adm. Code, as summarized below:
|
Clothes washer
|
3
| |
|
Laundry tray
|
2
| |
|
Bathroom group (2)
|
12
| |
|
Dishwasher
|
2
| |
|
Sink
|
2
| |
|
Floor drain (3") basement
|
3
| |
|
Floor drain (4") garage
|
4
| |
|
Total
|
28
|
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
Solid waste from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The residue from the preparation, cooking and dispensing
of food that has been shredded to such a degree that all particles
will be carried freely in suspension under the flow conditions normally
prevailing in the public sewers, with no particle greater than 1/2
inch in any dimension.
The wastes from the preparation, cooking or 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
the public sewers, with no particle greater than 1/2 inch in any dimension.
The Village of Howards Grove.
A charge levied on users of the wastewater collection and
treatment facilities for use of the facilities.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
An industry that:
Has a flow of 50,000 gallons or more per average workday;
Has a flow greater than 5% of the flow carried by the wastewater
collection and treatment facilities receiving the waste;
Has a material in its discharge included on a list of toxic
pollutants issued under § 283.01(17), Wis. Stats.; or
Has a significant impact, either singularly or in combination
with other contributing industries, on the wastewater treatment facility
or the quality of its effluent.
Permissible.
The Village of Howards Grove.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Kjeldahl nitrogen which is the sum of organic nitrogen and
ammonia nitrogen.
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.34 shall be equivalent to pounds per million gallons
of water.
Any and all persons, including any individual, firm, company,
municipal or private corporation, association, society, institution,
enterprise, governmental agency or other entity.
The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen-ion concentration of 10-7.
Total phosphorus and is expressed in mg/l of P (phosphorus).
The Wisconsin Administrative Code Chapter SPS 382 regarding
plumbing systems.
Biochemical oxygen demand, suspended solids, phosphorus,
nitrogen, pH or fecal coliform bacteria, plus additional pollutants
identified in the WPDES permit for the publicly owned wastewater treatment
facility receiving the pollutants, if such works were designed to
treat such additional pollutants, and, in fact, do remove such pollutants
to a substantial degree.
Wastewater with pollutants that will adversely affect or
disrupt the quality of wastewater treatment if discharged to a wastewater
treatment facility.
Those Trustees appointed by the President and approved by
the Village Board.
The spent water of a community. The preferred term is "wastewater."
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit that carries wastewater or drainage water.
A sewer intended to receive both wastewater and stormwater
or surface water.
Any publicly owned sewer, storm drain, sanitary sewer or
combined sewer.
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.
See "storm drain."
Mandatory.
Any discharge of water or wastewater which, in concentration
of any given constituent or quantity of flow, exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration of flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater published jointly by the American Public Health Association,
the American Waterworks Association and the Water Environment Federation.[1]
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
That portion of the rainfall that is drained into the sewers.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater and referred to as "nonfilterable
residue."
A charge levied on users of the wastewater collection and
treatment facilities for payment of operation and maintenance costs
of such facilities.
The Village of Howards Grove.
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 and equipment required to collect and carry
away domestic and industrial wastewater.
Wastewater with concentrations of BOD no greater than 200
mg/l, suspended solids no greater than 200 mg/l, phosphorus no greater
than 10 mg/l and nitrogen no greater than 33 mg/l.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "wastewater
treatment plant."
A channel in which a flow of water occurs either continuously
or intermittently.
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.
A document issued by the Wisconsin Department of Natural
Resources which establishes effluent limitations and monitoring requirements
for the municipal wastewater treatment facility. WPDES Permit No.
WI-0021679 and modifications thereof pertain to the Village's
wastewater treatment facility.
A.
Sanitary sewers. No person shall discharge, or cause to be discharged,
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water, unpolluted industrial process
water, cistern overflow or foundation drainage to any sanitary sewer.
B.
Storm sewers. Stormwater 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 Public Works Committee.
Industrial cooling water or unpolluted process waters may be discharged,
on approval of the Committee, to a storm sewer or natural outlet.
Such approval is subject to review by the State Department of Natural
Resources.[1]
C.
Prohibitions and limitations.
(1)
No person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewer:
(a)
Any gasoline, benzene, naptha, fuel oil or other flammable or explosive
liquid, solid or gas.
(b)
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the wastewater treatment
plant.
(c)
Any waters or wastes having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the wastewater treatment facilities.
(d)
Any waters or wastes having a pH in excess of 9.0.
(e)
Solid or viscous substances in quantities or of such size capable
of causing obstruction of the flow in sewers or other interference
with the proper operation of the sewage works, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, wood, plastics, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(2)
No person shall discharge or cause to be discharged the following
described substances, materials, waters or wastes if it appears likely,
in the opinion of the Public Works Committee, that such wastes can
harm either the sewers, wastewater treatment plant or equipment, have
an adverse effect on the receiving stream or can otherwise endanger
life, limb, or property or constitute a nuisance. In forming its opinion
as to the acceptability of such wastes, the Public Works Committee
will give consideration to the factors of the quantities of subject
wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the wastewater treatment
process, capacity of the wastewater treatment plant, degree of treatability
of wastes in the wastewater treatment plant and other pertinent factors.
The substances prohibited are:
(a)
Any liquid or vapor having a temperature higher than 150°
F.
(b)
Any water or wastes containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances
which may solidify or become viscous at temperatures between 32°
F. and 150° F.
(c)
Wastewater from industrial plants containing floatable oils,
fat or grease.
(d)
Any commercial garbage that has not been properly shredded.
The installation and operation of any commercial grinder equipped
with a motor of one horsepower or greater shall be subject to the
review and approval of the Public Works Committee. A permit shall
be obtained from the Village Clerk-Treasurer prior to the installation
of any such commercial garbage grinder unit.
(e)
Any waters or wastes containing iron, chromium, copper, zinc
and similar objectionable or toxic substances or wastes exerting an
excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the wastewater treatment plant
exceeds limits established by the Public Works Committee for such
materials.
(f)
Any waters or wastes containing phenols or other taste or odor
producing substances in such concentration exceeding limits which
may be established by the Public Works Committee as necessary after
treatment of the composite sewage to meet the requirements of state,
federal or other public agencies of jurisdiction for such discharge
to the receiving waters.
(g)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Public Works Committee in
compliance with state or federal regulations.
(h)
Quantities of flow, concentrations, or both, which constitute
a "slug" as defined herein.
(i)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes employed
or are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of the Department
of Natural Resources of the state.[2]
(j)
Any water or wastes which, by interaction with other water or
wastes in the sanitary sewer system, release obnoxious gases, form
suspended solids which interfere with the collection system or create
a condition deleterious to structures and treatment processes.
(k)
Materials which exert or cause:
[1]
Unusual concentrations of inert suspended solids, such as, but
not limited to, fuller's earth, lime slurries and lime residues,
or of dissolved solids such as, but not limited to, sodium sulfate.
[2]
Excessive discoloration such as, but not limited to, dye wastes
and vegetable tanning solutions.
[3]
BOD of over 400 mg/l per twenty-four-hour composite and chemical
oxygen demand or chlorine requirements in such quantities as to constitute
a significant load on the wastewater treatment plant.
[4]
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the wastewater
treatment facility.
(3)
The Village shall comply with all the requirements of WPDES Permit
No. WI-0021679 and of all modifications thereof. No discharge shall
be allowed into the sanitary sewers that is in violation of the requirements
of the WPDES permit and the modifications thereof.
(4)
If the Public Works Committee permits pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Committee and subject
to the requirements of all applicable codes, ordinances and laws.
D.
Special arrangements. No statement contained in this section shall
be construed as prohibiting any special agreement between the Approving
Authority and any person whereby an industrial waste of unusual strength
or character may be admitted to the wastewater collection and treatment
facilities, either before or after pretreatment, provided that there
is no impairment of the functioning of the wastewater collection and
treatment facilities by reason of the admission of such wastes and
no extra costs are incurred by the Village without recompense by the
person, provided that all rates and provisions set forth in this chapter
are recognized and adhered to.
E.
New connections. New connections to the Village's sanitary sewer
system will be allowed only if there is available capacity in all
of the downstream wastewater collection and treatment facilities.
A.
Submission of basic data.
(1)
Within three months after passage of this chapter, each person who
discharges industrial wastes to a public sewer shall prepare and file
with the Approving Authority a report that shall include pertinent
data relating to the quantity and characteristics of the wastes discharged
to the wastewater collection and treatment facilities. The Approving
Authority may require that this data be provided annually at a time
specified by the Approving Authority. The following forms, or the
information needed to complete them, will be accepted:
(2)
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 Approving Authority a report that shall include
actual or predicted data relating to the quantity and characteristics
of the waste to be discharged.
B.
Extension of time. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by Subsection A, a request for extension of time may be presented to the Approving Authority for consideration.
C.
Industrial discharges. If any waters or wastes are discharged or proposed to be discharged to the public sewers which contain substances or possess the characteristics enumerated in § 310-4C and which, in the judgment of the Public Works Committee, may have deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or health or constitute a public nuisance, the Public Works Committee may:
D.
Control manholes.
(1)
When required by the Public Works Committee, the owner of any property
serviced by a building sewer carrying industrial wastes shall install
a suitable control manhole in compliance with the requirements of
the Village Board so as to enable installation by the Village, at
its expense, of necessary meters and other appurtenances to the building
sewer to facilitate observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessible and safely located
and shall be constructed in accordance with plans approved by the
Committee. The manhole shall be installed by the owner at his expense
and be maintained by him so as to be safe and accessible at all times.
(2)
Control manholes, access facilities and related equipment shall be
installed by the person discharging the waste, at his expense, and
shall be maintained by him so as to be in safe condition, accessible
and in proper operating condition at all times. Plans for installation
of the control manholes or access facilities and related equipment
shall be approved by the Approving Authority prior to the beginning
of construction.
E.
Measurement of flow. For Category B users, the volume of flow used for computing industrial waste collection and treatment charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Approving Authority, except as noted in Subsections F and G below.
F.
Provision for deductions. If a person discharging industrial waste
into the sanitary sewers produces evidence satisfactory to the Approving
Authority that more than 20% of the total annual volume of water used
for all purposes does not reach the sanitary sewer, then the determination
of the water consumption to be used in computing the waste volume
discharged into the sanitary sewer may be made a matter of agreement
between the Approving Authority and the person.
G.
Metering of waste. Devices for measuring the volume of waste discharged
may be required by the Approving Authority if this volume cannot otherwise
be determined from the metered water consumption records. Metering
devices for determining the volume of waste shall be installed, owned
and maintained by the person. Following approval and installation,
such meters may not be removed without the consent of the Approving
Authority.
H.
Waste sampling.
(1)
Industrial wastes discharged into the public sewers shall be subject
to periodic inspection and a determination of character and concentration
of such wastes. The determination shall be made by the industry as
often as may be deemed necessary by the Approving Authority.
(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 Approving Authority.
(3)
Installation, operation, and maintenance of the sampling facilities
shall be the responsibility of the person discharging the waste and
shall be subject to the approval of the Approving Authority. Access
to sampling locations shall be granted to the Approving Authority
or its duly authorized representative at all times. Every care shall
be exercised in the collection of samples to ensure their preservation
in a state comparable to that at the time the sample was taken.
I.
Pretreatment. Where required, in the opinion of the Approving Authority,
to modify or eliminate wastes that are harmful to the structures,
processes or operation of the wastewater treatment facility, the person
shall provide, at his expense, such preliminary treatment or processing
facilities as may be determined necessary to render his wastes acceptable
for admission to the sanitary sewers.
J.
Grease and/or sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Approving Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 310-4C(2)(c) of this chapter, 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 Approving Authority and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Approving Authority. Disposal of the collected materials performed by owner's personnel or currently licensed waste disposal firms shall be in accordance with currently acceptable Department of Natural Resources (DNR) practice.
K.
Analyses.
(1)
All measurement, 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 and shall be determined at the control manhole
provided or upon suitable samples taken at the control manhole. If
no special manhole has been provided, the control manhole shall be
considered to be the nearest downstream manhole and upstream manhole
in the public sewer to the point at which the building manhole is
connected. Sampling shall be carried out by customarily accepted methods
to reflect the effect of constituents upon the sewage works and to
determine the existence of hazards of life, limb, health and property.
(2)
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or his agent,
as designated and required by the Approving Authority. The Approving
Authority may also make its own analyses on the wastes and these determinations
shall be binding as a basis for user charges.
L.
Submission of information. Plans, specifications and any other pertinent
information relating to proposed flow equalization, pretreatment or
processing facilities shall be submitted for review of the Approving
Authority prior to the start of their construction if the effluent
from such facilities is to be discharged into the public sewers.
A.
Residential sewer users. Any person owning single-family residences
or multiple-family residences discharging wastewater into the municipal
sanitary sewer system shall be charged for wastewater collection and
treatment services on the basis of equivalent house units in Category
A. There is one family living unit per one equivalent house unit.
B.
Public, commercial and industrial sewer users. Those public, commercial
and industrial sewer users that discharge no greater than 10,000 gallons
per day of normal domestic strength wastewater shall be charged for
wastewater collection and treatment services on the basis of equivalent
house units in Category A. The number of equivalent house units for
each of these users would be established per a rate schedule and amended
by Village resolution.
C.
Category B sewer users. Category B sewer users shall pay for wastewater
collection and treatment services on the basis of water meter readings
on private water supplies and/or sewer meter readings on the person's
wastewater discharges. The person shall furnish and install the water
and/or sewer meters at his expense and with prior approval from the
Approving Authority.
A.
Drainage fixture units (DFU). Drainage fixture units shall serve
as the basis to determine impact charges for both residential and
nonresidential uses. Wisconsin Administrative Code Chapter SPS 382,
Table 382.30-1, shall provide the basis for DFU calculations respectively
for nonpublic and public uses.
B.
Minimum charge. All developed properties that connect to the sewerage
works shall be levied a minimum charge equal to one equivalent housing
unit.
C.
Residential equivalent charges.
D.
Nonresidential equivalent charges.
(1)
The total charge shall equal the equivalent number of residential
units multiplied by the current value on the Village Rate Schedule
(for one residential unit). The equivalent number of residential units
is determined by dividing the total DFU by 28.
(2)
Partial charges. Fractions will be rounded to the next highest number.
F.
Responsibility for repairs.
(1)
For purposes of this section, "sewer user" means any person owning
real property upon which improvements exist that are connected to
the municipal sanitary sewer system and/or the municipal storm sewer
system.
(2)
Each sewer user is responsible for maintenance and repair of the
laterals and all other components of the municipal sanitary sewer
and storm sewer systems located on the sewer user's property
and continuing therefrom to the point of intersection with the sewer
main, including the connection to the main. If the Village performs
maintenance or repair that is the responsibility of the sewer user
under this subsection, the Village Board may direct the Village Clerk-Treasurer
to enter the total cost thereof upon the tax roll as a special assessment
against the real property of said sewer user.
A.
Calculation of user charges. User charges that shall be assessed to Village property owners shall be computed by the Village according to the rates and formula presented in § 310-7 of this chapter.
B.
User charge billing period. User charges shall be billed by the Village
to the property owners on a quarterly basis.
C.
Payment of user charges. Those persons billed by the Village for
user charges shall pay such charges within 30 days after the billing
date at the Village Hall.
D.
Penalty. Such user charges levied by the Village against the sewer
users in accordance with this chapter shall be a debt due to the Village
and shall be a lien upon the property. If this debt is not paid within
30 days after it shall be due, it shall be deemed delinquent and may
be placed on the next year's tax roll and be collected as other
taxes are collected; a processing fee, determined by the Village Board
and adopted as part of the rate schedule kept by the Village Clerk-Treasurer,
for bills placed on the tax roll shall also be added to such outstanding
bills. Change of ownership or occupancy of premises found delinquent
shall not be cause for reducing or eliminating this penalty.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the sewage works, unless such person
is authorized to do so. Any person violating this provision shall
be subject to immediate arrest under a charge of disorderly conduct.
A.
Right of entry. The Public Works Committee or other authorized employees
of the Village bearing proper credentials and identification shall
be permitted to enter all properties for the purposes of inspection,
observation, measurement and testing in accordance with the provisions
of this chapter and § 196.171, Wis. Stats. The Committee
or its representatives shall have no authority to inquire into any
process beyond that point having a direct bearing on the kind and
source of discharge to the sewers, waterways or facilities for waste
treatment.
B.
Safety. While performing the necessary work on private premises referred to in Subsection A above, authorized Village employees shall observe all safety rules applicable to the premises established by the company, and the Village shall indemnify the company against loss or damage to its property by Village employees and against the liability claims and demands for personal injury or property damage asserted against the company and growing out of gauging and sampling operations, and indemnify the company against loss or damage to its property by Village employees, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 310-5D of this chapter.
C.
Identification; right to enter easements. The Public Works Committee
and other authorized employees of the Village bearing proper credentials
and identification shall be permitted to enter all private properties
through which the Village holds a negotiated easement for the purpose
of, but not limited to, inspection, observation, measurement, sampling,
repair and maintenance of any portion of the sewage works lying within
such easement, all subject to the terms, if any, of the agreement.
A.
Work authorized. No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb the sanitary sewer or
appurtenance thereof without first obtaining a written permit from
the Approving Authority.
B.
Cost of sewer connection. All costs and expenses incident to the
installation and connection of the building sewer shall be borne by
the person. The person shall indemnify the Village from any loss or
damage that may directly or indirectly be occasioned by the installation
of the building sewer.
C.
Use of old building sewers. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the Approving Authority, to meet all requirements for this chapter.
D.
Materials and methods of construction. The size, slope, alignment,
materials of construction of a building sewer and the methods 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 of the building and plumbing codes or
other applicable rules and regulations of the Village. In the absence
of code provisions, or in amplification thereof, the materials and
procedures set forth in appropriate specifications of the ASTM and
Water Environment Federation Manual of Practice No. 9 shall apply.[1]
E.
Building sewer grade. Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
building drain shall be lifted by an approved means and discharged
to the building sewer.
F.
Stormwater and groundwater drains.
(1)
No persons shall make connection of roof downspouts, exterior foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or drain which is connected directly or indirectly
to a sanitary sewer.
(2)
All existing downspouts or groundwater drains, etc., connected directly
or indirectly to a sanitary sewer shall be disconnected within 60
days of the date of an official written notice from the Approving
Authority. Exceptions to the above shall be made by the Approving
Authority.
G.
Conformance to plumbing codes. The connection of the building sewer
into the sanitary sewer shall conform to the requirements of the building
and plumbing codes or other applicable rules and regulations of the
Village or the procedures set forth in appropriate specifications
of the ASTM and Water Environment Federation Manual of Practice No.
9. All such connections shall be made gastight and watertight. Any
deviation from the prescribed procedures and materials shall be approved
by the Approving Authority before installation.[2]
H.
Inspection of connection. The applicant for the building sewer permit
shall notify the Approving Authority when the building sewer is ready
for inspection and connection to the public sewer. The connection
shall be made under the supervision of the Approving Authority.
I.
Barricades; restoration. All excavations for the building sewer installation
shall be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Approving Authority.
A.
Violations. Violation of any provision of this chapter or any other
rule or order lawfully promulgated by the Village Board of the Village
is declared to be a public nuisance.
B.
Enforcement. The Approving Authority shall enforce those provisions
of this chapter that come within the jurisdiction of its office, and
it shall make periodic inspections and inspections upon complaint
to ensure that such provisions are not violated. No action shall be
taken under this section to abate a public nuisance unless the Approving
Authority shall have inspected or caused to be inspected the premises
where the nuisance is alleged to exist and shall have satisfied itself
that a nuisance does, in fact, exist.
C.
Summary abatement. If the Approving Authority determines that a public
nuisance exists within the Village and that there is great and immediate
danger to the public health, safety, peace, morals or decency, the
Approving Authority may cause the same to be abated and charge the
cost thereof to the owner, occupant or person causing, permitting
or maintaining the nuisance, as the case may be.
D.
Abatement after notice. If the Approving Authority determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, it shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in Subsection C.
E.
Other methods not excluded. Nothing in this chapter shall be constructed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the state.
F.
Court order. Except when necessary under Subsection C, the Approving Authority shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property, if such premises are occupied, and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
G.
Cost of abatement. In addition to any other penalty imposed by this
section for the erection, contrivance, creation, continuance or maintenance
of a public nuisance, the cost of abating a public nuisance by the
Village shall be collected as a debt from the owner, occupant or person
causing, permitting or maintaining the nuisance, and such cost shall
be assessed against the real estate as a special charge.
H.
Continued violations. Any person who shall continue any violation beyond such notice time limit shall, upon conviction thereof, be subject to a forfeiture as provided in § 1-4 of this Code.
I.
Liability to Village for losses. Any person violating any provisions
of this chapter shall become liable to the Village for any expense,
loss or damage occasioned by reason of such violation which the Village
may suffer as a result thereof. The Approving Authority shall be notified
immediately by any person becoming aware of any violations that occur.
A.
Any user or permit applicant or holder affected by any decision,
action or determination, including cease and desist orders, made by
the Approving Authority interpreting or implementing the provisions
of this chapter, or in any permit issued herein, may file with the
Approving Authority a written request for reconsideration within 10
days of the date of such decision, action or determination, setting
forth in detail the facts supporting the user's request for reconsideration.
The Approving Authority shall render a decision on the request for
reconsideration to the user or permit applicant or holder in writing
within 15 days of receipt of request. If the ruling on the request
for reconsideration made by the Approving Authority is unsatisfactory,
the person requesting reconsideration may, in 10 days after notification
of the action, file a written appeal with the Zoning Board of Appeals
of the Village.
B.
A fee shall accompany any appeal to the Zoning Board of Appeals for
its ruling. This fee may be refunded if the appeal is sustained in
favor of the appellant.
C.
The written appeal shall be heard by the Zoning Board of Appeals
within 45 days from the date of filing. The Zoning Board of Appeals
shall make a final ruling on the appeal within 60 days from the date
of filing.
A.
Superseding previous ordinances. This chapter governing sewer use,
industrial wastewater discharges, user charges and sewer connections
and construction shall supersede all previous ordinances of the Village.
B.
Amendment. The Village, through its duly authorized officers, reserves
the right to amend this chapter in part or in whole whenever it may
deem necessary, but such right will be exercised only after due notice
to all persons concerned and after proper hearing on the proposed
amendment.
The Village shall conduct an annual audit, the purpose of which
shall be to maintain the proper proportion between users and user
classes of the user charge system, and to ensure that adequate revenues
are available to meet operation and maintenance expenses and replacement
costs.
