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City of St. Francis, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 8.15, 13.01, 13.02, and 13.10 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Assessments and charges — See Ch. 10.
Building construction — See Ch. 198.
Health and sanitation — See Ch. 262.
Plumbing standards — See Ch. 345.
Stormwater management — See Ch. 393.
A. 
Notice to connect. Whenever the public sewer or water system becomes available to any public, commercial, mercantile or business building or any building used for human habitation, the Health Officer/Public Health Administrator shall notify in writing the owner, agent or occupant thereof to connect thereto all facilities required by the Health Officer/Public Health Administrator. If the person to whom notice has been given fails to comply within 10 days after notice, the Health Officer/Public Health Administrator shall cause the necessary connections to be made, and the expense thereof shall be assessed as a special tax against the property pursuant to § 281.45, Wis. Stats.
B. 
Deferred payment. The owner of his agent or the occupant may, within 30 days after the completion of the work, file a written option with the City Treasurer electing to pay the amount of the assessment in 10 equal annual installments with interest on the unpaid balance at 7% per year.
C. 
Privies and waterless toilets prohibited. After connection of any building to a sewer main hereunder, no privy or waterless toilet shall be used in connection with such buildings.
When any person desires to connect anew to any sanitary sewer, or enlarge any existing connection, he shall apply to the City Engineer for a permit.
A. 
Study. Upon receipt of a permit application, the City Engineer shall determine if there is sufficient capacity in such sanitary sewer to accommodate the anticipated flow.
B. 
Additional study. If the City Engineer is unable to determine if such sufficient capacity exists, the City Engineer may require a study be done of the downstream capacity, the cost being charged to the person desiring to connect.
C. 
Changes to sewer. If alterations are necessary to increase the flow in such sanitary sewer, the City and person desiring to connect may agree to enlarge an existing sanitary sewer or install a new sewer. Any such changes shall be assigned to the property of the person desiring to connect as a special assessment and shall be paid over a period not to exceed five years, at the rate of interest last charged by the City for a special assessment.
D. 
Restriction. The City may restrict the amount of flow from such property into such sanitary sewer. If such restrictions are imposed, it is a restriction to the property running with the land. Exceeding such flow is a violation of this chapter and punishable as hereinafter provided.
(1) 
All Milwaukee Metropolitan Sewerage District (MMSD) reportable connections in Basins SF6004, SF6005, SF6007, SF6008, SF6009, SF6010, SF6013, SF1003 and SF1006 shall be limited to the base flow as specified in Chapter 6 of the MMSD 2010 Master Facilities Plan and subject to City of St. Francis and MMSD approval.
[Added 5-4-2004 by Ord. No. 1162]
E. 
Fees. The fee to accompany each application shall be as provided by the current fee schedule on file with the City Clerk.
A. 
Rules and regulations adopted.
(1) 
The following sections and related appendices of District Rules and Regulation, Article XVII, promulgated by the Milwaukee Sewerage Commission, the County Metropolitan Sewerage Commission and the Metropolitan Sewerage District of the County of Milwaukee, as now in effect and as amended from time to time, are hereby incorporated by reference and are in full force and effect as through fully set forth herein:
§ 1701.020
Definitions
§ 1701.040
Municipal transfer of data
§ 1701.041
Estimated volume of discharge
§ 1701.050
User transfer of data
§ 1701.051
Discharge factor certification
§ 1701.052
Waste strength certification
§ 1701.053
Certification procedures
§ 1701.054
Verification
§ 1701.055
Adult control of user connections
§ 1701.056
Appeal provision
§ 1702.010
Purpose of the user charge system
§ 1702.020
User charge billing basis
§ 1702.030
Wholesale user charge billing basis
§ 1702.040
Unit costs of treatment
§ 1703.010
Purpose of the local capital cost recovery (LCR) system
§ 1703.020
LCR billing basis
§ 1703.030
Wholesale LCR billing basis
§ 1703.040
Unit costs of LCR
§ 1704.001
Purpose of the industrial cost recovery (ICR) system
§ 1704.020
ICR billing basis
§ 1704.030
Wholesale ICR billing basis
§ 1704.040
Unit costs of ICR
(2) 
For purposes of this section, "residential structure" as defined in District Rules and Regulations, Article XVII, shall mean any building accommodating exclusively one, two, three, or four residential units.
B. 
User charges. Each user in the City who discharges wastewater, directly or indirectly, into the wastewater system operated by the Commission shall be charged in the amount specified below for the various classes of users.
(1) 
Residential users. The residential user charge shall be based on a uniform charge, unless it becomes possible and feasible to establish such charge on a volumetric basis, as follows:
(a) 
The uniform charge for each residential unit shall be calculated by dividing the wholesale residential user charge (i.e., the charge by the Commission to the City) by the number of residential units in the City. Individual residential user charges shall be calculated as the user's number of residential units times this uniform charge.
(b) 
If it is possible to receive sufficient information and adopt such information that it is feasible and practical to effect billing and collection of such residential user charge on a volumetric basis, the same shall be done as follows: the volumetric charge shall be calculated by dividing the wholesale residential user charge (i.e., the charge by the Commission to the City), excluding connection charges, by the total volume of residential water consumption. Individual residential user charges shall be calculated by multiplying the user's volume of water consumption times this volumetric charge plus the user's number of residential structures times the connection charge.
(2) 
Noncertified commercial users. The retail noncertified commercial user charge shall be based on a volumetric charge as follows: the volumetric charge shall be calculated by dividing the wholesale noncertified commercial user charge (i.e., the charge by the Commission to the City), excluding connection charges, by the total volume of the noncertified commercial water consumption. Individual noncertified commercial user charges shall be calculated by multiplying the user's volume of water consumption times this volumetric charge plus the user's number of service connections times the connection charge.
(3) 
Discharge certified commercial users. Each retail discharge certified commercial user charge shall be equal to each wholesale discharge certified commercial user charge submitted to the City under District Rules and Regulations, Article XVII.
(4) 
Waste strength certified commercial users. Each retail waste strength certified commercial user charge shall be equal to each wholesale waste strength certified commercial user charge submitted to the City under District Rules and Regulations, Article XVII.
(5) 
Noncertified industrial users. Each retail noncertified industrial user charge shall be equal to each wholesale noncertified industrial user charge submitted to the City pursuant to District Rules and Regulations, Article XVII.
(6) 
Discharge certified industrial users. Each retail discharge certified industrial user charge shall be equal to each wholesale discharge certified industrial user charge submitted to the City under District Rules and Regulations, Article XVII.
(7) 
Waste strength certified industrial users. Each retail waste strength certified industrial user charge shall be equal to each wholesale waste strength certified industrial user charge submitted to the City under District Rules and Regulations, Article XVII.
C. 
Local capital recovery charges. Each industrial user in the City shall be charged a local capital recovery (LCR) charge, whose function is described by the Standard Industrial Classification Division. The LCR charge shall be in the amounts specified below.
(1) 
Noncertified industrial users. Each retail noncertified industrial LCR charge shall be equal to each wholesale noncertified industrial LCR charge submitted to the City under District Rules and Regulations, Article XVII.
(2) 
Discharge certified industrial users. Each retail discharge certified industrial LCR charge shall be equal to each wholesale discharge certified LCR charge submitted to the City under District Rules and Regulations, Article XVII.
(3) 
Waste strength certified industrial users. Each retail waste strength certified industrial LCR charge shall be equal to each wholesale waste strength certified industrial LCR charge submitted to the City under District Rules and Regulations, Article XVII.
D. 
Industrial cost recovery charges. Each industrial cost recovery user as defined in District Rules and Regulations, Article XVII, shall be charged in the amount specified below for the various users.
(1) 
Noncertified industrial users. Each retail noncertified industrial ICR charge shall be equal to each wholesale noncertified industrial ICR charge submitted to the City under District Rules and Regulations, Article XVII.
(2) 
Discharge certified industrial users. Each retail discharge certified industrial ICR charge shall be equal to each wholesale discharge certified industrial ICR charge submitted to the City under District Rules and Regulations, Article XVII.
(3) 
Waste strength certified industrial users. Each retail waste strength certified industrial ICR charge shall be equal to each wholesale waste strength certified industrial ICR charge submitted to the City under District Rules and Regulations, Article XVII.
E. 
Billing.
(1) 
Residential users shall be billed on a quarterly basis. For the nonresidential user, LCR and ICR charges shall be billed on a quarterly basis. Payment of such bills shall be made within 20 days after mailing by the City. If the bill or any existing penalty is not paid when due, a penalty of 2% per month shall be added thereto, with a minimum two-dollar penalty per month for any amounts due, which shall also accumulate interest at 2% per month.
[Amended 4-5-2017 by Ord. No. 1407]
(2) 
All bills shall be payable to the City Treasurer, City of St. Francis, 4235 South Nicholson Avenue, St. Francis, Wisconsin, 53235.
(3) 
If a user fails to certify data, or a user's certification is materially inaccurate, or there has been a substantial change in data since the date of the user's last certification, the Commission shall notify the user that the verification data determined by the Commission under § 1701.054 of District Rules and Regulations, Article XVII, 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) 
If inspection or verification by the Commission reveals that any statement certified by a user is materially inaccurate, the Commission shall redetermine the proper charge due and forward the new computation to the City 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 certification were originally due, and interest charges shall be applied to each deficiency as provided in Subsection E(1) above.
(5) 
Unpaid user, LCR and ICR charges shall be in lien upon the property served and shall be enforced as provided in § 66.0821, Wis. Stats.
F. 
Local user charge. In addition to the above, there shall be an additional charge as follows:
(1) 
Policy. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City's collection system. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the public wastewater collection system.
(2) 
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Subsection F shall be as follows. "Shall" is mandatory; "may" is permissive.
BILLABLE FLOW
A user's recorded quarterly water usage as metered by the appropriate water utility, plus metered water from any other sources, and less any sewer-exempt metered data.
COLLECTION SEWER SYSTEM
The system of sewers whose primary purpose is to collect wastewaters from individual point source discharges.
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.
USEFUL LIFE
The estimated period during which a collection system will be operated.
(3) 
Revenues; accounting.
(a) 
The local user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, associated with financing the collection system which the City 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 Subsection F.
(b) 
That portion of the total local user charge collected which is designated for operation and maintenance, including replacement purposes, as established in Subsection F(4) below, shall be deposited in a separate nonlapsing fund known as the "Local Operation, Maintenance and Replacement Fund" and will be kept in two primary accounts as follows:
[1] 
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the collection system (operation and maintenance account).
[2] 
An account designated for the specific purpose of ensuring replacement needs over the useful life of the collection system (replacement account).
(c) 
Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year and shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the local user charge rates for operation, maintenance and replacement. The local user charge rate(s) shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.
(4) 
User charges based on flow and connected users. The annual user charge to recover total collection system operation, maintenance and replacement costs shall consist of a local administrative charge for each connected user and a volumetric charge to each user. The annual local administrative charge shall be calculated by dividing the total expected billing and meter reading cost by the total number of connected users in the system. The volumetric rate shall be computed by dividing the total expected collection system operation, maintenance and replacement costs (less billing and meter reading costs) by the total expected billable flow for each user.
[Amended 7-1-2008 by Ord. No. 1259]
(5) 
Review of charges; notice to user.
(a) 
The City 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 generates adequate revenues to pay the costs of operation and maintenance, including replacement, costs among users and user classes.
(b) 
The City will notify each user at least annually, in conjunction with a regular bill, of 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.
G. 
Appeals.
[Added 4-16-2019 by Ord. No. 1446]
(1) 
Purpose. Metered water users are responsible for their own water usage, as well as any usage resulting from any leakage, spillage, or usage which may or may not enter the St. Francis sewer utility. As a result, it is the responsibility of metered water users to identify usage that may be abnormal and report it to Milwaukee Water.
(2) 
Eligibility. Any metered water user who believes that their most recent quarterly sewer billing is abnormal due to possible excess water usage that is not accountable to the user may request an adjustment to that sewer bill if at least one of the following conditions is met:
(a) 
The metered water user provides a receipt from a licensed plumber documenting (a) the existence of one or more water leak sources on the property subject to the sewer bill; and (b) confirming all identified leak sources have been professionally repaired [Note: Repairs made by the metered user are ineligible for consideration]; or
(b) 
The metered water user provides documentary evidence that a faulty water meter has been identified and replaced by Milwaukee Water Works.
(3) 
Adjustment. Metered users meeting the eligibility requirements in Subsection G(2) may receive an adjustment to the most recent quarterly sewer billing in an amount, whichever is greater:
(a) 
The usage credit in units of 100 cubic feet ("CCF") of water granted from Milwaukee Water; or
(b) 
The difference between the most recent quarterly sewer billing and a comparable historical quarterly water usage (as reasonably determined by the City Administrator) in CCF [Example: third quarter use is 54 CCF to third quarter use in a previous comparable year is 21 CCF = adjustment of 33 CCF]; or
(c) 
The difference from the most recent quarterly billing to the last previously billed quarter water usage in CCF, if the metered user has occupied the property less than 12 months [Example third quarter use is 54 CCF to second quarter use is 21 CCF — adjustment = adjustment of 33 CCF].
(4) 
Determination. The City Administrator, in consultation with the City Engineer and City Clerk, shall review any request for adjustment and provide a determination concerning eligibility for an adjustment under this subsection. If eligibility is determined, the adjustment is made to the current sewer billing. A person aggrieved by a determination by the City Administrator under this section may proceed as provided under Chapter 4 of this Code.
Any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.