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Village of Shorewood, WI
Milwaukee County
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Table of Contents
Table of Contents
[Amended 1-16-1995 by Ord. No. 1706]
A. 
This article regulates the use of public and private sewers and drains and the discharge of septage waters and wastes into the public sewerage systems within the Village of Shorewood, Milwaukee County, Wisconsin. It provides for and explains the method used for levying and collecting wastewater treatment sewer system service charges, sets uniform requirements for discharges into the sewer system and wastewater collection and treatment system and enables the Village to comply with administrative provisions, water quality requirements, and other discharge criteria which are required or authorized by the State of Wisconsin or federal law. Its intent is to derive the maximum public benefit by regulating the characteristics of wastewater discharged into the sewerage system.
B. 
This article provides a means for determining wastewater and septage volumes, constituents and characteristics, the setting of charges and fees, and the issuing of permits to certain users. Revenues derived from the application of this article shall be used to defray the costs of operating and maintaining the wastewater collection system, paying for sewage treatment costs, and providing sufficient funds for capital outlay, debt service costs and capital improvements. The charges and fees herein have been established pursuant to requirements of the Wisconsin Statutes. This article shall supersede any previous Village ordinance, rules or regulations and shall repeal all parts thereof that may be inconsistent with this article. If there is any conflict between this article and any applicable statute, the state statute shall be controlling.
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows. "May" is permissible; "shall" is mandatory.
AMMONIA NITROGEN (NH3-N)
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.
APPROVING AUTHORITY
The Village Board of the Village of Shorewood, Milwaukee County, Wisconsin.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter. Quantitative determination of BOD shall be made in accordance with procedures set forth in the most recent edition of Standard Methods.
BUILDING DRAIN
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.
BUILDING SEWER
The extension from the public sewer or other place of disposal beginning outside the inner face of the building wall.
COMPATIBLE POLLUTANTS
Biochemical oxygen demand, suspended solids, phosphorus, ammonia, or pH, plus additional pollutants identified in the WPDES permit for the publicly owned treatment works receiving the pollutants if such works were designed to treat such additional pollutants to a substantial degree.
FLOATABLE OIL
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 or treatment system.
GARBAGE
The residue from the preparation, cooking, and dispensing of food and from the handling, storage and sale of food products and produce.
GROUND GARBAGE
The residue from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be no greater than 1/2 inch in any dimension and will be carried freely in suspension under normal flow conditions in public sewers.
INCOMPATIBLE POLLUTANTS OR WASTEWATER
Wastewater with pollutants or of such a strength that will adversely affect or disrupt the wastewater treatment processes or effluent quality or sludge quality if discharged to a wastewater treatment sewerage system facility.
INDUSTRIAL WASTE
The wastewater from industrial process, trade, or business, as distinct from sanitary sewage, including cooling water and the discharge from sewage pretreatment facilities.
INFILTRATION/INFLOW
The total quantity of water from both infiltration and inflow without distinguishing the source. "Infiltration" means water other than wastewater that enters a sewerage system from the ground through such sources as defective pipes, pipe joints, connections, or manholes. "Inflow" means water other than wastewater that enters a sewerage system from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street wash waters, or drainage.
MUNICIPAL WASTEWATER
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 sewerage system.
NATURAL OUTLET
Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PARTS PER MILLION
A weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.
PERSON
Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, government agency, or other entity.
pH
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.
PHOSPHORUS
Elemental phosphorus determined by and in accordance with the procedures set forth in the most recent edition of Standard Methods.
PUBLIC SEWER
Any sewer provided by or subject to the jurisdiction of the Village of Shorewood, Milwaukee County, Wisconsin.
SANITARY SEWAGE
A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities, together with such groundwater, surface water and stormwater as may have inadvertently entered the sewerage system.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with small quantities of groundwater, stormwater and surface water that are not admitted intentionally.
SEPTAGE
The wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, septage beds, septage pits, septage trenches, privies or portable rest rooms.
SEWAGE
The spent water of a community. The preferred term is "municipal wastewater."
SEWERAGE SYSTEM
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.
SEWER SERVICE AREAS
The areas presently served by the municipal wastewater sewage collection system within the Village.
SEWER SERVICE CHARGE
A service charge levied on users of the wastewater collection and treatment facilities for payment of use-related capital expenses as well as the operation and maintenance costs, including replacement costs associated with said facilities.
SEWER SYSTEM
The common sanitary sewers within a sewerage system which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual structures or from private property, and which include service connection "Y" fittings designed for connection with those facilities. The facilities which convey wastewater from individual structures, from private property to the public sanitary sewer, or its equivalent, are specifically excluded from the definition of "sewer system."[1]
SLUG LOAD
Any substance released at a discharge rate and/or concentration which causes interference to wastewater treatment processes or plugging or surcharging of the sewer system.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage, and Industrial Wastes published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
STORM DRAIN (sometimes termed "storm sewer")
A drain or sewer for conveying surface water, groundwater, subsurface water or unpolluted water from any source.
STORMWATER RUNOFF
That portion of the rainfall that is collected and drained into the storm sewers.
SUSPENDED SOLIDS
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."
TOTAL KJELDAHL NITROGEN (TKN)
The sum of free ammonia and organic nitrogen compounds as determined by standard laboratory procedures as set forth in the most current edition of Standard Methods. TKN is a measurable quantity which may be used as billing parameter for billing ammonia treatment costs.
UNPOLLUTED WATER
Water of quality equal 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.
WASTEWATER FACILITIES
The structures, equipment, and processes required to collect, measure, meter, carry away, store, and treat domestic and industrial wastes and dispose of the effluent and sludge.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, septage, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment." In the case of the Village of Shorewood, these facilities are owned by the Milwaukee Metropolitan Sewerage District (MMSD).
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
A document issued by the Wisconsin State Department of Natural Resources which establishes effluent limitations and monitoring requirements for a wastewater treatment facility.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Management. The management, operation, and control of the sewer system for the Village is vested in the Village Board; all records, minutes and all written proceedings thereof shall be kept by the Village Clerk, and all financial records shall be kept by the Village Treasurer.
B. 
Construction. The Village Board shall have the power to construct 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 Village and generally to do all such work as may be found necessary or convenient in the management of the sewer system. The Village Board shall have power, by itself, its officers, agents, and servants, to enter upon any land for the purpose of making examination or supervision in the performance of its duties under this article, without liability therefor, and the Village Board shall have power to purchase and acquire for the Village all real and personal property which may be necessary for construction of the sewer system or for any repair, remodeling, or additions thereto.
C. 
Maintenance of services. The individual property owner shall maintain sewer service from the street main to the house and including all controls between the same, without expense to the Village, except when they are damaged as a result of negligence or carelessness on the part of the Village. All sewer services must be maintained free of defective conditions by and at the expense of the owner or occupant of the property. When any sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer service shall be installed for each building.
D. 
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgment of the Village Board be necessary to the sewer system, and whenever, for any cause, an agreement for the purchase thereof cannot be made with the owner thereof, the Village Board shall proceed with all necessary steps to take such real estate easement or use by condemnation in accordance with the Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if federal funds are used.
E. 
Title to real estate and personal property. All property, real, personal, and mixed, acquired for the construction of the sewer system, and all plans, specifications, diagrams, papers, books and records connected with said sewer system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of the Village.
A. 
General.
(1) 
The rules, regulations, and sewer rates of the Village hereinafter set forth shall be considered a part of the contract with every person, company or corporation who or which is connected to or uses the Village sewer system, and every such person, company or corporation by connecting with the sewer system shall be considered as expressing his or its consent to be bound thereby. Whenever any of said rules and regulations, or such others as the Village may hereafter adopt, are violated, the use or service shall be shut off from the building or place of such violation (even though two or more parties are receiving service through the same connection) and shall not be reestablished except by order of the Village Board and on payment of all arrears, the expenses and established charges of shutting off and putting on, and such other terms as the Village Board may determine and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, the Village Board, furthermore, may declare any payment made for the service by the party or parties committing such violation to be forfeited, and the same shall thereupon be forfeited. The right is reserved to the Village Board to change said rules, regulations, and sewer rates from time to time as it may deem advisable and to make special rates and contracts in all proper cases.
(2) 
The following rules and regulations for the government of licensed plumbers, sewer users and others are hereby adopted and established.
B. 
Plumbers. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe fitting work in connection with the sewer system without first receiving a license from the State of Wisconsin and obtaining permission from the Village. All service connections to the sewer main shall comply with the State Plumbing Code.
C. 
Users; mandatory hookup.
(1) 
The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human occupation, or in a block through which such system is extended, shall connect to such system within 30 days of notice in writing from the Village after sewer service is available. Upon failure to do so, the Village 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 notice shall be assessed as a special tax lien against the property; provided, however, that the owner may within 30 days after the completion of the work file a written option with the Village Board stating that he cannot pay such amount in one sum and asking that it be levied in not to exceed five equal installments, and the amount shall be so collected with interest at the rate of 12% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45, Wis. Stats.
(2) 
In lieu of the above, the Village Board at its option may:
(a) 
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, of a fine in the amount of $150 per quarter payable quarterly for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.
(b) 
Commence court action to require connection to the sanitary sewer and to impose such other penalty as this article provides.
(3) 
This article ordains that the failure to connect to the sewer system is contrary to the minimum health standards of the Village and fails to assure preservation of public health, comfort, and safety of the Village residents.
D. 
Septic tank prohibited. The maintenance and use of septic tanks, holding tanks and other private sewage disposal systems within the area of the Village serviced by its sewer system are hereby declared to be a public nuisance and a health hazard.
E. 
Application for sewer service.
(1) 
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any sewer main or appurtenance thereof without first obtaining a written permit from the Village.
(2) 
Every person desiring to connect to the sewer system shall file an application in writing with the Village on such forms as are prescribed for that purpose. Blanks for such applications will be furnished at Village Hall. 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. Persons connected to the sewer system of the Shorewood Sewer Utility are referred to herein as "users."
(3) 
If it appears that the service applied for will not provide adequate service for the contemplated use, the Village may reject the application. If the Village approves the application, it shall issue a permit for services as shown on the application. Prior to installation of any service, the applicant shall obtain inspection permits from the Building Inspector through the office of the Village Planning and Development Department.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Connection charge. Persons attaching to a sewer main shall have the lateral from the sewer main installed at their own expense.
G. 
User to keep in repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system. The service pipe shall be defined to be the building drain and building sewer pipe extending from the building to the property line.
H. 
Backflow preventor. All floor drains in new construction shall have a backflow prevention valve installed at the owner's expense.
I. 
User use only. No user shall allow others or other services to connect to the sewer system through his or her lateral.
J. 
Vacating of premises and discontinuance of service. Whenever premises served by the system are to be vacated, or whenever any person desires to discontinue service from the system, the Village must be notified in writing. The owner of the premises shall be liable for any damages to the property of the system other than through the fault of the system or its employees, representatives, or agents.
K. 
User to permit inspection. Every user shall permit the Village of Shorewood or its duly authorized agent, at all reasonable hours of the day, to enter his or 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 the user relative to its use, all in accordance with this article and § 196.171, Wis. Stats.
L. 
Utility responsibility. It is expressly stipulated that no claim shall be made against the Village 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 portion of the Village, the Village shall, if practicable, give notice to each and every consumer within the Village of the time when such service will be shut off.
M. 
Excavations. All excavations in streets or highways for laying municipal service pipe or making repairs shall be handled by the Village or its designated contractors.
N. 
Tapping the mains. No person except the Village or its designated agents or contractors will be permitted under any circumstances to tap the mains or collection pipes. Pipes should always be tapped on top, and not within six inches (15 centimeters) of the joint, or within 24 inches (60 centimeters) of another lateral connection. All service connections to mains must comply with the State Plumbing Code. Lateral connections to existing sewers shall be made with 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 adapters or couplings.
O. 
Installation of house laterals. All service pipes (laterals) on private property will be installed in accordance with Ch. SPS 382, Wis. Adm. Code. All laterals shall be inspected.
[Amended 2-25-2008 by Ord. No. 1935; 5-15-2017 by Ord. No. 2077]
P. 
Extensions. The Village may extend sewer mains to a new person(s) in accordance with the following charges and the following conditions:
(1) 
When an extension of a sewer main is required by the prospective user, said person shall make an application for such an extension in writing to the Village. The Village shall determine the length and location of the extension and the Engineer shall design the extension, taking into consideration the prospective demands for service, the capacity of downstream facilities, and the orderly development of the particular area. All sewer extensions shall be constructed in compliance with local and state laws, ordinances, and regulations.
(2) 
The person who requests the extension shall pay the entire cost of said extension. If more than one user is involved, the entire cost shall be divided among these users according to the special assessment policy of the Village.[2] Prior to design of the sewer extensions, the person(s) requesting the extension shall escrow money in the Village's banking institution in a dollar amount equal to the estimated project design and administration costs. This money will not be refunded if the project does not proceed to construction. Prior to the Village signing contracts for the project construction, the person(s) requesting the extension shall escrow in the Village's banking institution a dollar amount equal to the construction, resident engineering, administration, staking, and inspection cost for the project.
[2]
Editor's Note: See Ch. 68, Finance and Taxation, Art. VII, Special Assessment Procedures.
(3) 
After making the decision as to the length and location of the extension and prior to the time of making the charge to the person(s), the Village Board shall determine the benefits to be received by any parcel that can be served by said extension.
(4) 
Each user shall pay the full costs of the lateral from the main to his or its building.
Q. 
Septage acceptance location. No septage shall be discharged to the Village's sewerage system.
R. 
Additional authority. The Village may at any time establish specific connection and lateral charges for any main not covered by any other provisions in this article. It is further provided that the Village may amend or alter any connection or lateral charge after its establishment under the terms of this article or previous ordinance or resolution.
[Amended 2-25-2008 by Ord. No. 1935]
A. 
General discharge prohibitions. No discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or otherwise to the facilities of the Village:
(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 Village wastewater facilities or the Milwaukee Metropolitan Sewerage District (MMSD) 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 5.0 or higher than 10 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the system.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, or to exceed the limitation set forth in state or federal categorical pretreatment standards. A toxic pollutant shall include but not be limited to any pollutant identified in the Toxic Pollutant List set forth in Ch. NR 215, Wis. Adm. Code.
(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 are sufficient to prevent entry into the sewers for their maintenance and repair.
(6) 
Any substance which may cause the Village's and/or MMSD's effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(7) 
Any substance which will cause the Village and/or MMSD to violate its WPDES and/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 which will inhibit biological activity in the MMSD wastewater treatment works resulting in interference, but in no case wastewater with a temperature at the introduction into the publicly owned treatment works which exceeds 40° C (104° F).
(10) 
Any slug load, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the publicly owned treatment works.
(11) 
Any unpolluted water, including but not limited to noncontact cooling water.
(12) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as exceeds limits established by the approving authority in compliance with applicable state or federal regulations.
(13) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(14) 
Any stormwater, surface water, groundwater, roof runoff or surface drainage or any other connections from inflow sources to the sanitary sewer. Such waters may be discharged to a storm sewer or other waterway with permission of the Village.
(15) 
Any discharge into the sanitary sewerage system that is in violation of the MMSD's ordinances and WPDES permit and the modifications thereof.
B. 
Limitations on wastewater strength.
(1) 
National categorical pretreatment standards. National categorical pretreatment standards as promulgated by the Unites States Environmental Protection Agency shall be met by all dischargers of the regulated industrial categories.
(2) 
State requirements. State requirements and limitations on discharges to the publicly owned treatment works shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this article or any other applicable ordinance.
(3) 
Milwaukee Metropolitan Sewerage District (MMSD) requirements. MMSD requirements and limitations on discharges to MMSD's publicly owned treatment works shall be met by all dischargers.
(4) 
Right of revision. The approving authority reserves the right to amend this article to provide for more stringent limitations or requirements on discharges to the publicly owned treatment works where deemed necessary to comply with the objectives set forth in this article.
(5) 
Dilution. No discharger shall increase the use of potable or process water in any way nor 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.
(6) 
Supplementary limitations.
(a) 
No discharger shall discharge wastewater containing concentrations (and/or mass limitations) above MMSD standards.
(b) 
The approving authority may impose mass limitations on dischargers which 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 approving authority.
(7) 
Accidental discharges.
(a) 
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the approving authority for review and shall be approved by the approving authority before construction of the facility. Review and approval of such plans and operating procedures by the approving authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this article.
(b) 
Dischargers shall notify the approving authority 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 discharger which discharges a slug load of prohibited materials shall be liable for any expense, loss or damage to the Village's wastewater facilities or the Milwaukee Metropolitan Sewerage District's wastewater treatment works, in addition to the amount of any fines imposed on the approving authority on account thereof under state or federal law.
(c) 
Signs shall be permanently posted in conspicuous places on the discharger's premises advising employees whom 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 the emergency notification procedure.
A. 
Authority. Pursuant to § 281.57(8)(c), Wis. Stats., the Village of Shorewood is authorized and directed to establish a system of equitable user charges for the operation and maintenance of the local sewer system for which the user fee system shall be in compliance with Title II of the Federal Act (Public Law 92-500, as amended) and the rules promulgated under the Federal Act.
B. 
Purpose. The purpose of this section is to enable the Village of Shorewood to establish and collect from users within the municipality those charges which represent the proportionate contribution of such users (or user classes) and the user's proportionate share of the total operation and maintenance costs (including replacement costs) of the Village's local sewer collection and conveyance systems and the cost of sewage treatment by the Milwaukee Metropolitan Sewerage District (MMSD). Such system of charges shall be based upon the user's (or user classes') proportionate contribution to the total from all users (or user classes).
C. 
Definitions and policy.
(1) 
Definitions. The following terms shall have the following meanings under this section:
BILLABLE FLOW
The volume of sewage determined to be discharged into the sanitary sewer system for treatment. Billable flows may be determined using metered water usage, deduct meters, sewage meters, or any other method determined by the Village to be the most cost-effective method to accurately determine sewage discharge.
CAPITAL CHARGES (LOCAL)
Includes all costs associated with repayment of debt and/or the construction of new or replacement facilities associated with the Village's wastewater collection system.
DOMESTIC-STRENGTH WASTEWATER
Wastewater with concentrations of BOD equal to or less than 310 milligrams per liter, or TSS equal to or less than 370 milligrams per liter. These concentrations are established by MMSD and are subject to revision by MMSD.
NORMAL USER
A user whose contributions to the wastewater treatment facility consist only of domestic-strength wastewater originating from a house, apartment, condominium, or other living quarters occupied by a person or persons constituting a distinct household, business or commercial enterprise.
OPERATION AND MAINTENANCE COSTS
Includes all costs associated with the operation and maintenance of the wastewater collection system and treatment facilities (treatment charges to the Village by the Milwaukee Metropolitan Sewerage District).
REPLACEMENT COSTS
Includes all costs necessary to accumulate the resources to replace equipment as required to maintain capacity and performance during the design life of the sewer system. A separate, segregated, distinct replacement fund shall be established and used for only replacement of any qualifying local sewage equipment.
SEWER SERVICE CHARGE
A service charge levied on users of the sewerage system and treatment facilities for payment of capital expenses as well as the operation, maintenance and treatment costs, including replacement of said facilities.
(2) 
Policy. It shall be the policy of the Village Board to obtain sufficient revenues to pay the costs of Village operation, maintenance, and replacement of the sewer conveyance facilities and sewage treatment charges billed to the Village by MMSD. The system shall assure that each user of the sewerage system facilities pays a proportionate share of the cost of such facilities.
D. 
Basis for service charge.
(1) 
The minimum facilities charge billing shall be sufficient to pay both MMSD's connection charge and the Village's own billing/customer-related administration expenses. The unit price per volume shall be sufficient to pay the remaining annual costs of operation, maintenance, and replacement of the cost to provide sewage service.
(2) 
The rates in this section shall be reviewed not less than biennially. Rates shall be adjusted, as required, to reflect actual number and size of users and actual costs. Users will be notified annually of the portion of service charges attributable to operation and maintenance.
(3) 
The sewer service charges shall be subject to revision based on changes in local Village costs or as a result of changes in the rates charged the Village by MMSD.
E. 
Sewer service charges. A sewer service charge is hereby imposed upon each lot, parcel of land, building, or premises served by the public sewer and wastewater facilities or otherwise discharging sewage, including industrial wastes, into the public sewerage system. Such sewer service charge shall be payable as hereinafter provided and in an amount determinable as follows:
(1) 
Effective beginning January 1, 2022:
[Amended 6-21-2010 by Ord. No. 1962; 2-4-2013 by Ord. No. 2017; 10-20-2014 by Ord. No. 2042; 11-18-2019 by Ord. No. 3008; 7-6-2021 by Ord. No. 3026]
Domestic Sewage
Rate
Quarterly facilities charge/connection
$13.30
Volume charge per 100 cubic feet
$7
Volume charge per 1,000 gallons
$9.35
Flat rate for unmetered customers (based on 30 CCF/quarter)
$224.30
F. 
Reassignment of sewer users. The Village will reassign sewer users into appropriate sewer service charge categories based on MMSD criteria and guidelines.
G. 
Payment of charges.
(1) 
Payment. Sewer service charges provided for in this section shall be included as separate items on the regular bill for water service which are billed either monthly or quarterly at the convenience of the Village. Sewer service charges shall be payable at the same time that the water bills become due, and payment for water service shall not be accepted without full payment of the sewer service charges. All bills shall be payable to the Village, at the office of the Treasurer, Village of Shorewood, 3930 N. Murray Avenue, Shorewood, WI 53211, or at any other officially designated location.
(2) 
Penalty. Payment of sewer user charges shall be made by the date for which the charges become due. A penalty of 1.0% per month of any outstanding balances shall be added to all bills not paid by the date fixed for final payment.
[Amended 8-14-2017 by Ord. No. 2081]
(3) 
Charges a lien. All sewage charges shall be a lien upon the property service pursuant to § 66.0821(4), Wis. Stats., and shall be collected in the manner therein provided.
(4) 
User certification. In the event that a user fails to certify data or in the event that the user's certification is materially inaccurate, or in the event that there has been a substantial change in data since the date of the user's last certification, the Village shall notify the user that the verification data as set forth pursuant to MMSD rules and regulations shall be used to determine the charge due for the current billing period and all future billing periods until the user submits a new or updated certified statement.
(5) 
User certification verification. Should inspection or verification by MMSD or the Village reveal that any statement certified by a user is materially inaccurate, the Village shall redetermine the proper charge due and forward a new bill for the deficiency to the user. This deficiency billing shall be retroactive to the due date or dates on the bills which were based upon the inaccurate certification information, and interest charges shall be applied to each deficiency as provided above.
A. 
Damages. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
B. 
Written notice of violation. Any person connected to the sewerage system found to be violating a provision of this article shall be served by the Village 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 violation.
C. 
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the sewerage system and/or MMSD treatment facility and/or receiving body of water shall, in addition to a fine, pay the amount to cover all damages.
D. 
Accidental discharge reporting. Any person responsible for an accidental discharge, that may have a detrimental impact on the sewerage system, shall immediately report the nature and amount of the discharge to the Village.
E. 
Continued violations. Any person, partnership, or corporation, or any officer, agent, or employee thereof, who or which shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, forfeit not less than $25 nor more than $500 per day of continued violation, together with the costs of prosecution. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense. Such forfeitures are in addition to the user charges due to the Village. Nothing in this article shall preclude the Village from maintaining an appropriate action in Circuit Court to prevent or remove a violation of any provision of this article or collect forfeitures pursuant thereto.
F. 
Liability to Village for losses. Any person violating any provision of this article 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.
G. 
Damage recovery. The system shall have the right of recovery from all persons of any expense incurred by said system for the repair or replacement of any part of the sewerage system damaged in any manner by any person by the performance of any work under his or her control or by any negligent acts.
H. 
Appeal procedures. Any user affected by any decision, action, or determination, including cease and desist orders, made by the interpreting or implementing of provisions of this article may file with the Village Manager 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 appeal procedures with respect to any actions taken by the Village shall be accomplished pursuant to appeal procedures of the MMSD Rules and Regulations.