[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 9, Ch. 3 of the 2001 Code]
[Amended 1-18-2021 by Ord. No. 2020-10]
A.
Purpose. The purpose of this section is to prevent significant water
inflow and infiltration into the City's sanitary sewer system
and to protect public health, safety and welfare by assuring that
private laterals are tested, inspected, maintained and repaired or
replaced. For purposes of compliance with this section, the operator/licensee
of a mobile home community is the owner of all lots within that community.
B.
Owner maintenance required. The owner of property containing a private
lateral shall maintain the private lateral. Maintenance under this
section includes:
(1)
Clearing obstructions from the private lateral;
(2)
Repairing a defect in the private lateral that allows the introduction
of extraneous flow or debris into the sanitary sewer system;
(3)
Repairing a defect in the private lateral that allows the discharge
of sewage on the property;
(4)
Keeping a manhole cover in place or a cleanout cap tight and in place;
and
(5)
Providing a solid manhole cover.
C.
Testing and notice of defective private laterals. The Public Works
Supervisor may periodically perform special tests to confirm the integrity
of the sanitary sewer system, including smoke testing, dyed water
testing, air testing, hydraulic testing, closed-circuit television
inspection, and other testing and inspection techniques approved by
the City.
(1)
The Public Works Supervisor may enter private property to inspect
or test a private lateral as allowed by law.
(2)
The Public Works Supervisor shall give the property owner no less
than 24 hours' written notice before City personnel enter private
property to conduct an inspection or test, unless:
D.
Defects. The Public Works Supervisor may identify defects in a private
lateral that allow extraneous flow or debris to enter the private
lateral or the discharge of sewage on the property, or a condition
that may interfere with the proper operation of the private lateral.
(1)
A defect under this section may include:
(a)
Any visible leak;
(b)
Evidence of pipe or joint deterioration;
(c)
Root intrusion into a pipe that separates a pipe joint or enlarges
an existing crack;
(d)
A misaligned pipe segment, sag, or lack of positive gradient;
(e)
A lack of a necessary cleanout cap or manhole cover;
(f)
All failing materials;
(g)
A downspout, drain, or other connection that allows stormwater
or other extraneous water to enter the sanitary sewer system; or
(h)
A flaw that allows the discharge of sewage on the property or
the introduction of extraneous water into the sanitary sewer system.
(2)
If the Public Works Supervisor identifies a defective private lateral
or a condition that interferes with the proper operation of the private
lateral, the manager shall send the property owner written notice
of the defect or condition, including a statement that the private
lateral must be replaced or repaired, or the condition corrected,
not later than 90 days after the date of the notice or within such
longer time deemed reasonable by the Public Works Supervisor.
E.
Repair or replacement required. A property owner shall repair or
replace a defective private lateral from the main sewer line to the
building. The property owner shall pay the appropriate fee and obtain
a permit from the City before performing the repair or replacement
of a defective private lateral. Correction of a defect may include
the installation of a sump pit, sump pump and drainage tile.
(1)
If sewage is exposed on the property in a manner that makes it a
potential public health hazard, a property owner must:
(a)
Stop the discharge of sewage immediately;
(b)
Remediate the site not later than 24 hours after the owner has
notice of the exposed sewage; and
(c)
Complete all necessary repairs or replacement of a private lateral
immediately, but not later than 30 days after the owner has notice
of the exposed sewage.
(2)
A person who repairs an existing private lateral or installs a new
or rehabilitated private lateral shall perform the repair or installation
as prescribed by the sewer utility's sanitary sewer connection
standards and the State Plumbing Code.[1]
[1]
Editor's Note: See Chs. SPS 381 through 387, Wis. Adm.
Code.
(3)
The repair or replacement of the private lateral and the connection
of the private lateral to the sanitary sewer shall conform to the
requirements of the building and plumbing codes or other applicable
rules and regulations of the City. All connections to the sanitary
sewer shall be made gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by the Public
Works Supervisor before installation.
(4)
The property owner is responsible for all costs of private lateral
repair, replacement, and maintenance from the sewer main line into
the building. The City has the authority to contract for repairs/replacements
of laterals in the right-of-way and special assess the cost to the
property owner.
(5)
Generally, the sanitary sewer lateral will be remediated from the
main sewer line to the building foundation or the floor drain in the
basement. The sanitary sewer lateral between the terrace and the main
line sewer that is not remediated at the time of the sanitary sewer
lateral repair will be replaced as part of a future street or sanitary
sewer construction project. The property owner will be responsible
for the cost of the replacement of the remainder of the lateral in
the future when that project is undertaken.
F.
Repair and replacement inspection and testing requirements. During
the replacement of the private lateral, the Public Supervisor shall:
G.
Sanitary sewer lateral remediation projects. The City recognizes
that its public sewer system has a finite life and, in many cases,
has exceeded the useful life of the system. The City also recognizes
that private building sewers possess many of the same characteristics
as the public sewer system. The City will undertake the systematic
reconstruction of the public sewer system lying within the corporate
limits. As part of this reconstruction, the City will conduct sanitary
sewer lateral remediation projects.
(1)
During a sanitary sewer remediation project, the City shall require
that the property owner replace/remediate their private lateral if
the lateral is found to be defective. The property owner shall, at
the owner's expense, make the necessary repairs to correct the
deficiency(ies).
(3)
The City may publicly bid all sanitary sewer lateral remediation
projects, and the property owners, if they elect to have the City
contractors complete the work, will be responsible for paying the
costs of private lateral remediation. Financing for the sewer lateral
remediation may be offered by the City. The sanitary sewer lateral
remediation projects may include;
(4)
The property owner will be given the option of selecting the sewer
lateral remediation option. Options include, but are not limited to,
open-cut construction, slip lining (six-inch laterals only) or pipe
bursting or any other method allowed by state code.
(5)
A full-time on-site inspector will be provided for the replacement/remediation
of the sanitary sewer lateral by the City.
(6)
The sanitary sewer lateral remediation project will include patching
of basement floors if needed. Any other restoration needed in the
building and basement shall be the responsibility of the property
owners and will not be done as part of the sanitary sewer lateral
remediation project.
(7)
Any and all fences, trees, shrubs, swimming pools, decks, sheds,
porches, or other landscaping, paving or structures that will need
to be removed in order to facilitate the remediation of the private
lateral shall be removed and replaced by the property owner at their
expense.
(8)
Final restoration of the yard will be the responsibility of the property
owner. The City contractor will backfill the trench or holes that
are dug and rough grade the topsoil. The contractor will not be responsible
for final landscaping. It will be the responsibility of the property
owner to restore the lawn, pavement or garden areas that are disturbed
as part of the sanitary sewer lateral remediation project.
H.
Sanitary sewer lateral fees.
(1)
Televising refusal fee. A $50 monthly fee is hereby imposed for connection
of sewer laterals against every property connected to the City of
Weyauwega sanitary sewerage system, in the utility, which owner refuses
to consent to televising of the sewer lateral by the City. This fee
will be imposed beginning 30 days after request has been made by the
City for permission to televise the owner's sewer lateral. This
fee will continue until the property owner consents to televising
by the City.
(2)
Failure to correct fee. A $50 monthly fee is also hereby imposed
for connection of sewer laterals against every property connected
to the sanitary sewerage system, in the utility, which owner fails
to take corrective action upon request by the City to repair sewer
laterals leaking freshwater into the sewerage system. This fee will
be imposed beginning 30 days following notice by the City to the owner
that corrective action is required and has not been completed on schedule
and will continue until corrective action by the owner has been taken.
(3)
Fee exemptions. The following are the exemptions and procedures from
lateral fees:
(a)
Televising exemption. Upon request by the City of Weyauwega
wastewater utility to televise a sewer lateral connected to a sewer
main, in the utility, the property owner may grant consent to televise
the lateral by signing a consent form approved by the City. Upon receipt
of such signed consent form, the City is authorized to access the
private sewer lateral and adjacent property for purposes of televising
the lateral. Owners complying with this section are exempt from the
televising refusal fee.
(b)
Corrective fee exemption. Each owner that repairs all laterals
determined by the City to be leaking freshwater into the sewerage
system shall be exempt from the failure to correct fee beginning at
such time that verification of corrective action has been provided
by the owner to the City.
A.
Findings and purpose.
(1)
The City of Weyauwega in the past has operated under
regulations combining the waterworks system and the sanitary sewer
disposal system of the City.
(2)
The City of Weyauwega now desires to terminate the
Joint Utility and operate the Water and Sewer Utility as separate
utilities of the City. It is the intention of the City that the Sewer
Utility not be subject to the provisions of § 66.0805, Wis.
Stats., requiring direct regulation of the Sewer Utility by the Wisconsin
Public Service Commission.
(3)
Section 66.0821(5), Wis. Stats., would allow a customer
or bond holder to file a complaint with the Commission as to either
rates or services.
(4)
The City desires termination of a Joint Utility in
order to establish sewer rates based on usage, loading, and debt service
for an upgraded facility.
(5)
The City is under orders from the Wisconsin Department
of Natural Resources (WDNR) to make improvements at the wastewater
treatment plant to meet new Environmental Protection Agency (EPA)
permit requirements and generally upgrade the existing facility to
meet the wastewater needs for the next 20 years.
(6)
The City has applied for Wisconsin Clean Water Fund
financing with the WDNR and has been advised to create a separate
Sewer Utility.
(7)
Separation is necessary to promote the public health,
safety and welfare of City residents by effectuating greater control
over sanitary, industrial and commercial waste disposal.
(8)
The City will be able to respond with greater flexibility
and timeliness in rate requirements, especially in terms of industrial
and commercial contributors.
(9)
All existing debt of the Sewer Utility is general
obligation debt backed by the taxing power of the City of Weyauwega,
and separation will not affect any security requirements of the present
facilities and structures.
B.
Utilities separated. The City of Weyauwega creates
a separate Sewer Utility and requests the issuance of an order by
the Wisconsin Public Service Commission terminating the Joint Water
and Sewer Utility for the reasons set forth.
