Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Elm Grove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 106.
Plumbing — See Ch. 212.
Land division — See Ch. 305.
Water control — See Ch. 325.
Zoning — See Ch. 335.
[Adopted 11-14-1955; as amended through 8-9-1993]
Sanitary District No. 1 and Sewerage District No. 2 of the Village of Elm Grove are consolidated into one sewer district to be known as "Elm Grove Sewer District," which action is to be effective as of May 1, 1975.
The costs of constructing and maintaining the public sewers, which shall include mains, intercepting and all extension sewers, manholes, outfalls, and all other sewer construction and facilities, shall be paid out of the funds of such Village Sewer District, except that said costs may be paid out of other Village funds (including funds made available by the use of general obligations or revenue bonds) of the Village of Elm Grove upon the express resolution of the Board of Trustees of the Village of Elm Grove to this effect.
[Amended 3-23-2004]
A. 
Management, powers and duties; report.
(1) 
The affairs of such Village Sewer District shall be managed by the Public Works/Utilities Committee established under § 80-3.
(2) 
General powers and duties; report to Trustees.
(a) 
The Public Works/Utilities Committee shall administer routine functions in maintaining the local sanitary sewer system, shall make pertinent recommendations to the Board of Trustees as to maintenance and rehabilitation of such system and shall administer and implement all present and future ordinances enacted by the Board of Trustees relating to the Village sanitary sewer system.[1]
[1]
Editor's Note: Former Subsection (a)(2)(b), regarding budgeted expenditures, which immediately followed this subsection, was deleted 12-11-2000.
(b) 
A formal report of the activities of the Public Works/Utilities Committee shall be made each month to the Board of Trustees and a representative of the Public Works/Utilities Committee shall attend each regular meeting of such Board of Trustees to present such report.
B. 
In addition to its other powers, the Public Works/Utilities Committee is hereby authorized to locate and define the boundaries and areas of excessive clear water infiltration or flowage into the sanitary sewer system.
(1) 
The Public Works/Utilities Committee may designate certain inspectors to investigate and check all buildings within an area suspected to be a clear water infiltration area. Such inspectors shall have the power, after reasonable notice, to enter such premises for the purpose of any inspection, observation, measurement, sampling and testing deemed necessary by said inspectors to ensure compliance with this article. If, however, any inspector is denied entry after presentation of his or her identification, he or she may procure a special inspection warrant in accordance with § 66.122, Wis. Stats. If such inspectors deem such evidence or findings are inconclusive or if the property owner makes such a request, an outside test shall be made by pouring a colored dye mixed with water into a hole drilled a short distance from the outside wall of the building and then checking the nearest downstream manhole to such premises to determine if the colored water is flowing into the manhole.
(2) 
Such inspectors shall report their findings to the Public Works/Utilities Committee and the Public Works/Utilities Committee shall then have the power to direct such property owners to disconnect any downspouts, exterior foundation drains, areaway drains, sump pumps, or other sources of surface runoff or groundwater which discharge clear water, directly or indirectly, into the sanitary extension sewer system of the Village.
[Amended 3-23-2004]
The Village Public Works/Utilities Committee shall cooperate with the Finance Committee and the Village Manager in the preparation of an annual budget for the sewer system for consideration by the Village Board of Trustees. All of such budgets shall be subject to the approval of the Village Board of Trustees.[1]
[1]
Editor's Note: Former Sections 5 and 6, regarding the taxing district status and funds of the former sanitary and sewerage districts, which immediately followed this section, were deleted 12-11-2000.
No substance or amount of any substance prohibited by the regulation of the Milwaukee Metropolitan Sewerage District periodically as amended shall be discharged into the sanitary sewer system. Any person found to be responsible for the discharge of any substance into the sewer system which causes damage to the sewer system or treatment facility shall, in addition to a forfeiture, pay the amount of damages incurred by the Village and, upon order of the Village, remedy the condition resulting in the discharge.
[Added 4-10-2000; amended 8-26-2003; 3-23-2004; 6-27-2016]
Any property owner, or property owner’s agent or lessee, who is required by Wisconsin Administrative Code Section SPS 382.34, or any amendment thereto, to install and maintain a grease interceptor, shall obtain a grease interceptor permit from the Village.
A. 
Application. Application for a permit shall be made on forms provided by the Village, disclosing therein the following:
(1) 
The name(s) and telephone number(s) of the person(s) responsible for the maintenance of the grease interceptor;
(2) 
The means by which the captured material is to be disposed;
(3) 
The name of any currently licensed waste disposal firms contracted to dispose of the captured material; and
(4) 
The record of dates and means of disposal of all captured material during the previous permit years.
B. 
Inspection. Upon receipt of an application, the Village Plumbing Inspector shall make, or shall cause to be made, an inspection of the grease interceptor to assure that the permitted premises and the grease interceptor are in compliance with Wisconsin Administrative Code Section SPS 382.34. Inspections shall be made at least once every two years, and at such other times as the Village Plumbing Inspector shall deem necessary.
C. 
Fee. The applicant shall pay an investigation and compliance fee to cover the Village's cost of administrating this compliance program. This fee relates solely to the inspection and monitoring described in this section and is separate from all other fees charged by the Public Works/Utilities Committee. The fee, which shall be established by the Village Board by resolution from time to time, shall be paid at the time the applicant makes application.
D. 
Expiration; renewal; transfer. Grease interceptor permits shall expire on June 30 of every other year. Renewals shall be handled in the same manner as original applications. Permits issued under this section are personal and may not be transferred.
E. 
Revocation of permit. Permits issued under this section may be revoked, or withheld, by the Village Plumbing Inspector whenever the Village Plumbing Inspector determines that the permit holder has violated any provision of Wisconsin Administrative Code Section SPS 382.34, including but not limited to allowing deleterious waste material to be introduced into the Village sewer. Continued operation under a revoked permit shall constitute a violation of § 232-9 of this article.
F. 
Appeals. Appeals from any order or decision of the Village Plumbing Inspector under this section shall be made pursuant to Chapter 212, Plumbing, § 212-13.
G. 
The penalty provision contained in § 232-9B shall be applicable to any violation of this § 232-6.
[Amended 3-8-1999]
A. 
No roof downspout, cistern, swimming pool or water-chilled air conditioner, exterior foundation drain, areaway drain, sump pump or other source of surface runoff, stormwater, surface water, clear water waste, or groundwater shall be allowed to flow, directly or indirectly, into the Village sanitary sewer system.
B. 
The Board of Trustees finds that direct or indirect discharge of any surface runoff, stormwater, surface water, clear water waste or groundwater into the Village sanitary sewer system is a significant factor in causing sanitary sewers to overflow and thereby contributing to sewage backup into basements. Therefore, any such direct or indirect flow of such waters into the Village sanitary sewer system is hereby declared to constitute a public nuisance and violations of this section may be prosecuted in the manner provided for in Chapter 823 of the Wisconsin statutes, as amended from time to time, as well as by any other means provided under this article or any applicable law.
[Added 12-14-1998]
A. 
The Village of Elm Grove shall maintain the sewer service main within the Village limits.
B. 
The owner of any property receiving sewer service through any lateral connections ("properly owner") shall maintain the sewer lateral from the point of connection to the main sewer to the structure receiving service, including but not limited to all connective fittings such as wye joints. This shall include payment of all expenses associated with the cleaning, maintenance or repair or replacement of the lateral line, restoration of lawn or other landscaping improvements, which at the discretion of the Village may be undertaken, and repair of the street, if necessary, in accordance with Village of Elm Grove road cut specifications.
C. 
The property owner must notify the Village in writing prior to initiating work on any lateral other than routine cleaning. It shall be the property owner's responsibility to keep the sewer service lateral free from obstruction or defective conditions at all times.
D. 
Disturbance and abandonment.
[Added 12-17-2002]
(1) 
If an existing building is razed, or remodeled in any manner resulting in the disturbance of an existing lateral, there must be a complete replacement of the existing lateral with a new PVC lateral entirely at the expense of the property owner.
(2) 
An exception to the replacement of an existing lateral may be granted by the Village Director of Public Works if satisfactory evidence is submitted timely demonstrating that the existing lateral is of PVC construction or the existing lateral has been lined, and the existing lateral has been televised demonstrating that it is entirely free from major defects.
(3) 
In the event of abandonment, the lateral shall be severed from the main and a permanent seal, of a method and material approved by the Director of Public Works, shall be placed at the main connection so as to permanently seal the main from infiltration. The abandonment shall be inspected and tested to the satisfaction of the Director of Public Works. The permanent seal shall be installed by the property owner at the owner's sole expense. All inspection costs shall be the responsibility of the property owner and will be charged in accordance with § 30-3 of the Village Code.
A. 
Any person found violating the provisions of this article shall be provided written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the correction of the violation.
B. 
Any person who shall continue any violation beyond the aforesaid time limit provided in a written notice of violation shall be subject to a penalty as provided in § 1-16 of this Code, except that the forfeiture shall not be less than $100.
[Amended 7-26-2005]
Any person violating the provisions of this article shall be liable to the Village for any expense, loss, or damage which the Village may suffer as a result of such violation, and said amounts shall be assessed by the Court at the time of sentencing under § 232-9 and nonpayment of such expenses shall result in imprisonment in the Waukesha County Jail.
[Adopted 12-18-1978; amended 12-11-2000]
The wastewater of the Village of Elm Grove is collected and treated in whole or in part by the wastewater system operated by the Milwaukee Metropolitan Sewerage District (MMSD). The purpose of this article is to enable the Village of Elm Grove to establish and collect from users within the Village of Elm Grove those charges which represent the proportionate contribution by such users both to the cost of operating and maintaining the system, and that part of the cost of capital improvements in the system not defrayed by an ad valorem tax on real property.
A. 
The following section and related appendixes of MMSD District Rules and Regulations, promulgated by the District, are hereby incorporated by reference and shall be in full force and effect as though set forth in their entirety.
B. 
In addition to words and terms elsewhere defined in this article, the following words and terms as used in this article shall have the following meanings, unless some other meaning is plainly intended:
COLLECTION SEWER SYSTEM
The system of public sewers whose primary purpose is to collect wastewater from individual point source discharges.
COMMERCIAL MAN-HOUR
One hour spent on duty in a commercial establishment by one employee.
CONNECTION OR SERVICE CONNECTION
Each physical connection to the municipal or District sewer system.
LOCAL USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the collection system.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the sewer collection system for materials, labor, utilities and other items which are necessary for managing and maintaining the collection system to achieve the capacity and performance for which such system was designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the collection system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL STRUCTURE
Any building exclusively accommodating one, two, three, or four residential units.
STANDARD METHODS
The latest edition of Standard Methods of Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
C. 
Words importing a singular number shall include the plural number and vice versa unless the context shall otherwise indicate.
A. 
Municipal transfer of data. The Village of Elm Grove shall provide MMSD, upon request, that data required to prepare wholesale bills, including number of residential units; number of residential structures; total water consumption of noncertified commercial users; total number of noncertified commercial connections; individual water consumption for each certified commercial user; and individual number of service connections for each certified commercial user. This data will be submitted to MMSD in accordance with the schedules published in the current Cost Recovery Procedures Manual. Any change in such schedules by the Village of Elm Grove will be submitted to MMSD in advance for approval.
B. 
Discharge volume.
[Amended 3-23-2004; 2-26-2013]
(1) 
The volume of wastewater discharged by a user is deemed to be equal to the volume of water consumed by said user from all sources, as modified by applicable discharge factors.
(2) 
Commercial unmetered. The Village of Elm Grove will estimate the volume of water consumed from unmetered sources by commercial users in accordance with the domestic equivalency factors published in the current MMSD Cost Recovery Procedures Manual.
(3) 
Commercial metered.
(a) 
Commercial properties shall install meters in accordance with the applicable MMSD rules and regulations, as amended from time to time. At any time a current user meets the usage for which MMSD requires a meter, such meter shall be installed within 60 days of notification by the Village.
(b) 
Meters must be installed and maintained by the user at his/her expense of a type and in a manner satisfactory to the Public Works/Utilities Committee. Such installed meters will require annual maintenance and calibration by the owner due to the poor water quality in the Village of Elm Grove. The results must be reported to the Village of Elm Grove by March 1 of each calendar year. If at any time the owner has knowledge of the meter working incorrectly, the Village must be notified immediately and the meter must be repaired or replaced within 60 days.
(c) 
All meters must be installed outside of the building or have an exterior remote reader and must be readily accessible by Village of Elm Grove personnel. Meters must be installed within 60 days of notification by the Village.
(4) 
Failure to abide by these rules will result in the Village using an estimate for discharge for the current period and all future billing periods until the user rectifies the problem and additional charges shall be applied as provided in § 232-15F(7).
C. 
User transfer of data. Each commercial user of the wastewater system shall submit pertinent data to the Village of Elm Grove Sewer District or MMSD to verify this data.
D. 
Discharge factor certification. Commercial users may apply to MMSD for a certified discharge factor as provided for in the current Cost Recovery Procedures Manual.
E. 
Verification.
(1) 
The Milwaukee Metropolitan Sewerage District shall have the right to monitor wastewater discharges as provided in the current District Rules and Regulations.
(2) 
The Village of Elm Grove shall have the right to monitor all water meters. At any time, Village of Elm Grove personnel bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, and testing in order to carry out the provisions of this article. In the event there is a denial of such permission to enter, the Village of Elm Grove personnel shall make application for a special inspection warrant under the provisions of Ch. 66, Wis. Stats.
(3) 
In the event a user fails to supply water meter data or in the event a user's data or statement is materially inaccurate or in the event there has been a substantial change in data since the date of the user's last report, the Village of Elm Grove shall notify the user that the Village shall redetermine the proper charge due in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate data or statement were originally due and additional charges shall be applied to each deficiency as provided in § 232-15F(7).
[Amended 2-26-2013]
F. 
Audit control of user connections. Whenever there is a change in the use of a building housing a certified commercial user, the owner must, within 30 days of the change, notify the Village of Elm Grove and MMSD. This notification shall be submitted in accordance with the procedures established by MMSD in the current Cost Recovery Procedures Manual.
G. 
Appeal provision. Any user that believes there may be an error in an action taken by MMSD pertaining to charges may appeal the action, provided that the user first submits payment for the charge in question. The appeal shall be filed with MMSD in accordance with the procedures set forth in the current Cost Recovery Procedures Manual and is exclusive; no appeal is permitted to the Village of Elm Grove Public Works/Utilities Committee. Resolution of the appeal shall be conclusive, subject to appeal in the manner prescribed by law.
[Amended 3-23-2004]
[Amended 3-3-2004]
The purpose of user charges is to ensure that users of the wastewater system pay for the use of the system. User charges of each user shall consist of that portion of the cost of operation and maintenance of the wastewater system allocable to such user. The Milwaukee Metropolitan Sewerage District shall bill the Village of Elm Grove for the user charges attributable to users located within the Village of Elm Grove.
A. 
Purpose. The purpose of the local user charge system is to generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, associated with financing the collection sewer system which the Village of Elm Grove may by ordinance designate to be paid by the local user charge system. That portion of the total local user charge which is designated for operation and maintenance, including replacement of the collection system, shall be established by this article.
B. 
Local user charge billing basis. There is hereby imposed a charge on each user in the Village of Elm Grove who discharges wastewater, directly or indirectly, into the wastewater system operated by MMSD. Such charge shall be in the amount specified below for the various classes of users and shall be prorated for part-year users.
(1) 
Residential users shall be calculated as follows: Number of residential units times (x) the residential occupancy factor x ERU rate x number of days in billing period divided by 1,000 x volumetric rate, plus local connection charge.
(2) 
Noncertified commercial users. The noncertified commercial user charge shall be calculated as follows: Estimated or actual annual commercial wastewater discharge x volumetric rate, plus local connection charge.
(3) 
Discharge certified commercial users. The discharge certified commercial user charge shall be calculated as follows: Wastewater discharge x MMSD certified discharge factor x volumetric rate, plus local connection charge.
C. 
Local connection charge. There shall be collected from each residential and each commercial user an annual local sewer connection charge. The local sewer connection charge is in addition to the MMSD sewer connection charge.
D. 
Review of user charge. The Village of Elm Grove will review the local user charge system at least every two years, and revise local user charge rates as necessary to ensure that the system generated adequate revenues to pay the costs of operation and maintenance including replacement costs among users and user classes.
E. 
User notification. The Village of Elm Grove will post at least annually the rate being charged for operation and maintenance including replacement of the collection system. This notification will display separately MMSD treatment charges and local operation, maintenance and replacement rates.
[Amended 4-22-2008]
F. 
Billings and penalties.
(1) 
All commercial users with a meter must report the meter reading within 10 days of receiving notice of such meter reading from the Village of Elm Grove.
[Added 2-26-2013[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection F(1) through (6) as Subsection F(2) through (7), respectively.
(2) 
User charges for residential users shall be billed on an annual basis. All commercial users shall be billed on a quarterly basis. Payment of commercial bills shall be made within 25 days of mailing by the Village of Elm Grove. In the event that such bill is not paid when due, a penalty of 1.5% per month on the unpaid balance shall be added thereto. All bills shall be payable at the office of the Village Treasurer, 13600 Juneau Boulevard, Elm Grove, Wisconsin 53122.
[Amended 2-26-2013]
(3) 
In the event a user fails to certify data or in the event a user's certification is materially inaccurate or in the event there has been a substantial change in the data since the date of the user's last certification, MMSD or the Village of Elm Grove shall notify the user that the verification data determined by MMSD or the Village of Elm Grove pursuant to MMSD District 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 certified statement.
(4) 
Should inspection or verification by MMSD or the Village of Elm Grove reveal that any statement certified by a user is materially inaccurate, MMSD or the Village of Elm Grove shall redetermine the proper charge due and forward the new computation to the municipality in order that a bill for the deficiency may be sent to the user in order that the deficiency may be paid. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due and interest charges shall be applied to each deficiency as provided in Subsection F(2) above.
[Amended 2-26-2013]
(5) 
Unpaid user charges shall be a lien upon the property served and shall be enforced as provided in § 66.076(7), Wis. Stats.
(6) 
The Village of Elm Grove shall pay MMSD in full the wholesale bill as set forth in the current MMSD Rules and Regulations.
(7) 
Any person who violates, disobeys, omits, neglects, or refuses to comply with any action required pursuant to MMSD Rules and Regulations or any provision of this article shall forfeit not less than $50 nor more than $500 for each offense, together with the cost of prosecution. Each day that a violation continues to exist shall constitute a separate offense. Such fines are in addition to the user charges due the Village of Elm Grove.
[Amended 3-23-2004; 2-26-2013]