[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie as indicated in article histories. Amendments noted where applicable.]
§ 285-24 Notice of violations; abatement of nuisances; penalty for accidental discharge; liability for losses.
[Adopted 8-17-1998 (Ch. 20 of the 1988 Code)]
As used in this article, the following terms shall have the meanings indicated:
- APARTMENT COMPLEXES
- Buildings with five or more residential living units on one parcel.
- APPROVING AUTHORITY
- The Village Administrator of the Village of Pleasant Prairie, Lake Michigan Sewer Utility District and Sewer Utility District D or a duly authorized deputy, agent or representative of the Utility Districts.
- BOD (denoting "biochemical oxygen demand")
- The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed in milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in Standard Methods.
- 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
- A sanitary sewer which begins immediately outside of the foundation wall of any building or structure being served and ends at its connection to the public sewer.
- CATEGORY A
- Those sanitary sewer users who discharge normal domestic strength wastewater with concentrations of BOD no greater than 180 mg/l, suspended solids no greater than 200 mg/l, phosphorus no greater than six mg/l, and oil and grease no greater than 100 mg/l.
- CATEGORY B
- Those sanitary sewer users who discharge wastewater with
BOD concentration in excess of 180 mg/l of BOD, 200 mg/l of suspended
solids, six mg/l of phosphorus, or 100 mg/l of oil and grease. Users
whose wastewater exceeds the concentrations for any one of these parameters
shall be in Category B and subject to a sanitary sewer surcharge unless
and until the concentrations are below the thresholds listed for 24
consecutive months.[Amended 8-6-2012 by Ord. No. 12-23]
- CHLORINE REQUIREMENT
- The amount of chlorine, in mg/l, which must be added to sewage to produce a residual chlorine as specified in the Wisconsin Pollutant Discharge Elimination System (WPDES) permit.
- COMBINED SEWER
- A sewer intended to receive both wastewater and storm- or surface water.
- Those users that operate an enterprise that sells, rents
or provides services to customers or tenants, whether it operates
as a for-profit or no-profit enterprise.[Added 8-6-2012 by Ord. No. 12-23]
- The physical connection of a private sewer or lateral to the public sewer shall be deemed to have been made, irrespective of when sewage flows through the line.
- An acquired legal right for the specified use of land owned by others.
- 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. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
- GROUND GARBAGE
- The residue from preparation, cooking, dispensing, handling, storage, or sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.
- INCOMPATIBLE POLLUTANTS
- Wastewater with pollutants that will adversely affect the wastewater collection and treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater collection and treatment facilities.
- INDUSTRIAL WASTE
- Any solid, liquid, or gaseous substance discharged or escaping from any industrial, manufacturing, or commercial establishment. Such term includes any wastewater which is not sanitary sewage.
- LAKE MICHIGAN SEWER UTILITY DISTRICT
- Town of Somers residents currently receiving sanitary sewer
service from the Village of Pleasant Prairie.[Added 5-2-2011 by Ord. No. 11-11]
- The Village of Pleasant Prairie is Pleasant Prairie Sewer
Utility or Lake Michigan Sewer Utility District.[Amended 5-2-2011 by Ord. No. 11-11]
- NATURAL OUTLET
- Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwaters.
- Customers category which includes all sewer users other than
residential users. Nonresidential customers include but are not limited
to public buildings, commercial establishments, industrial establishments,
recreation halls, municipal buildings, clubhouses, mobile home parks,
apartment complexes and funeral homes.[Amended 8-6-2012 by Ord. No. 12-23; 9-16-2013 by Ord. No. 13-43]
- NORMAL DOMESTIC STRENGTH WASTEWATER
- Wastewater with concentrations of BOD no greater than 180 mg/l, suspended solids no greater than 200 mg/l, phosphorus no greater than six mg/l, and oil and grease no greater than 100 mg/l.
- Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.
- Total phosphorus and is expressed in mg/l of P (phosphorus).
- PLEASANT PRAIRIE SEWER UTILITY
- All residents within the corporate limits of the Village
of Pleasant Prairie.[Added 5-2-2011 by Ord. No. 11-11]
- PRIVATE SEWER
- Any privately owned sewer, storm drain, sanitary sewer, or
combined sewer with discharges into a public sewer. Private sewers
are required to discharge normal domestic-strength wastewater. Any
private sewer that discharges wastewater above the listed thresholds
will be listed as a Category B user.[Added 8-6-2012 by Ord. No. 12-23]
- PUBLIC AUTHORITY
- Any government chartered by the statutes of the State of
Wisconsin as a corporation that has the ability to levy taxes or user
charges that is governed by an elected body.[Added 8-6-2012 by Ord. No. 12-23]
- PUBLIC SEWER
- Any publicly owned sewer, storm drain, sanitary sewer, or combined sewer.
- REPLACEMENT COSTS
- Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed.
- Customer category which includes family dwellings and multifamily dwellings with less than five residential living units.
- SANITARY SEWAGE
- A combination of liquid and water-carried wastes discharged from toilets and/or sanitary plumbing facilities.
- SANITARY SEWER
- A sewer that carries sewage or wastewater.
- SANITARY SEWER SURCHARGE
- A charge levied on users of the wastewater and treatment
facilities to Category B users.[Added 8-6-2012 by Ord. No. 12-23]
- SATELLITE SYSTEM
- Satellite sewage collection system means a municipally owned
or a privately owned sewage collection system that conveys wastewater
to the Pleasant Prairie Sewer Utility system.[Added 9-16-2013 by Ord. No. 13-43]
- The spent water of a person or community. The preferred term is "wastewater."
- A pipe or conduit that carries wastewater or drainage water.
- SEWER SERVICE CHARGE
- A charge levied on users of the wastewater collection and treatment facilities for payment of operation and maintenance expenses, depreciation, return-on-investment, and other expenses or obligations of said facilities.
- Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration of flows during normal operation, and/or adversely affects the wastewater collection system and/or performance of the wastewater treatment facility.
- STANDARD METHODS
- The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
- STORM SEWER OR DRAIN
- A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
- SUSPENDED SOLIDS
- Total suspended matter that either floats on the surface, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as "nonfilterable residue."
- TREATMENT AUTHORITY
- The Kenosha Water Utility.[Amended 5-2-2011 by Ord. No. 11-11]
- UNPOLLUTED WATER
- Water(s) which may lawfully be deposited, without prior treatment, directly into the receiving stream. The term shall include, but not be limited to, potable water, stormwater, uncontaminated groundwater and surface runoff water.
- The spent water of a community or person. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
- WASTEWATER COLLECTION FACILITIES (or WASTEWATER COLLECTION SYSTEM)
- The structures and equipment required to collect and carry wastewater.
- WASTEWATER TREATMENT FACILITY
- The wastewater treatment facility of the City of Kenosha.[Amended 5-2-2011 by Ord. No. 11-11]
- 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 the municipal wastewater treatment facility or wastewater collection system.
All residential and nonresidential customers discharging to sewers tributary to the City of Kenosha shall comply with the applicable requirements set forth in Section 32.08 of the City of Kenosha Code of Ordinances.
Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.
Storm sewers. Stormwater and all other unpolluted water shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the approving authority and other regulatory agencies, to a storm sewer or natural outlet.
Prohibitions and limitations. No person shall discharge or cause to be discharged any of the following, measured at the point of discharge, into the wastewater collection facilities unless and until specifically authorized to do so under the terms of a wastewater discharge permit, and then subject to any limitations imposed thereon by such permit:
Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, solids or gases, which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater treatment facility or to the operation of the wastewater treatment facility. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
Wastewater containing nonconventional pollutants or solids, liquids, or gases of any property, which, in sufficient quantity, either singly or by interaction with other wastes, may injure the system or contaminate the sludge.
Wastewater having a pH lower than 5.5.
Wastewater having a pH in excess of 9.
Solids which cannot penetrate a Tyler designation 20-mesh screen or viscous substances in quantities which may injure the system or contaminate the sludge.
Wastewater, which either alone or in combination with other wastewater, has the effect of raising the temperature of the wastewater being treated at the wastewater treatment facility to a temperature higher than 104° F. (40° C.).
Wastewater containing more than 100 mg/l of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.
Garbage that has not been shredded so as to comply with Subsection C(5). [Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food.]
Wastewater containing chromium, copper, zinc, and other nonconventional and priority pollutants to such degree that they are in concentrations exceeding levels specified within this rule or within applicable federal and state regulations. Categorically regulated waste streams shall be measured at the point of discharge from the regulated process, a discharge from a pretreatment process or at the point of discharge to the wastewater collection facilities but only when the use of the combined waste stream formula has been approved.
The following substances in excess of the limit below provided:
Wastewater containing substances which are not amendable to treatment or reduction by the wastewater treatment processes employed by the wastewater treatment facility, or which are amenable to treatment only to such a degree that the wastewater treatment facility effluent cannot meet the requirements of law and of agencies of the federal and state governments having jurisdiction over the discharge thereof.
Wastewater which, by interaction with other wastewater, forms and releases obnoxious gases or forms suspended solids which may injure the system, is hazardous to human or animal health or which may contaminate the sludge.
Substances which exert or cause:
BOD, suspended solids, oil, grease or phosphorus in quantities above the quantities thereof contained in normal domestic strength wastewater.
A volume or concentration of wastewater constituting slugs in such quantities as to injure the system or contaminate the sludge.
Concentration of inert suspended solids, or inert dissolved solids, as to injure the system or contaminate the sludge.
WPDES permit. No person shall cause or permit a discharge into the sanitary sewers that would cause a violation of the WPDES permit of the municipality or the Wastewater Treatment Authority.
Dilution of discharge prohibited. No person discharging into the wastewater collection facilities shall increase the use of potable or process water or mix separate wastewaters for the purpose of diluting prohibited wastewater as a partial or complete substitute for pretreatment or to otherwise avoid compliance with or circumvent this rule.
Special arrangements. No statement contained in this article shall be construed as prohibiting any special agreement between the approving authority and any person whereby a waste of unusual strength or character may be admitted to the wastewater collection and treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater collection and treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the municipality without recompense by the person; and further provided that all rates and provisions set forth in this article are recognized and adhered to.
New connections. New connections to the municipality's sanitary sewer system will be allowed only if there is available capacity in all of the downstream wastewater collection and treatment facilities.
Mandatory connection. Connection to the public sewer is mandatory when a public sewer has been extended to a property. A request for public sewer can be made in writing to the approving authority.
[Amended 8-6-2012 by Ord. No. 12-23; 9-16-2013 by Ord. No. 13-43]
Submission of basic data.
The approving authority may require each person who discharges or seeks to discharge industrial wastes to the public sewer to prepare and file with the approving authority, at such times as it determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater collection and treatment facilities. In the case of a new connection, the approving authority may require that this report be prepared prior to making the connection to the public sewers.
Industrial dischargers are further subject to the applicable rules and regulations set forth in Section 32.08 of the Kenosha Code of Ordinances regarding submittal of applications, operational data and reports, baseline monitoring reports, compliance reports, chemical analysis, etc.
Industrial discharges. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics which, in the judgment of the approving authority or the City of Kenosha wastewater treatment facility, have a deleterious effect upon the wastewater collection and treatment facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life, health, or constitute a public nuisance, the approving authority may:
Reject the wastes;
Require pretreatment to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharge; and/or
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this article.
Control manholes. Each industrial or nonresidential discharger shall, at the discretion of the approving authority, construct and maintain one or more control manholes or access points together with measuring and sampling devices to facilitate observation, measurement, and sampling of wastes, including sanitary sewage.
Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. All measuring and/or sampling devices shall be of a type acceptable to the approving authority.
Control manholes, access facilities, and related equipment shall be installed by the industrial or nonresidential discharger, at the discharger's expense, and shall be maintained by the discharger so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the approving authority prior to the beginning of construction.
Measurement of flow. The volume of flow when used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the municipality except as noted in Subsection E.
Metering of waste. Devices for measuring the volume of waste discharge may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed and owned by the industrial or nonresidential discharger, subject to the approval of the approving authority. The approving authority may require or undertake at the discharger's expense necessary metering calibration and maintenance of metering devices. Following approval and installation, such meters may not be removed without the consent of the approving authority. The approving authority may require reporting in accordance with Subsection K.
Waste sampling. Industrial and nonresidential wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made for the industry and nonresidential user as often as may be deemed necessary by the approving authority.
Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
Installation, operation, and maintenance of the sampling facilities shall be the responsibility of the industrial or nonresidential discharger and shall be subject to the approval of the approving authority. The approving authority may require the discharger to use a contractor from a list of prequalified contractors.
Access to sampling locations shall be granted to the approving authority or its duly authorized representative at all times.
The approving authority shall collect and analyze the samples. If the sample is significantly different from prior samples or out of sample range, the approving authority may choose to resample for that month.
An industry or nonresidential discharger may split samples with the approving authority upon request. Samples must be tested at a lab certified by the State of Wisconsin Department of Natural Resources using the same testing methods as the lab contracted by the Village of Pleasant Prairie. If there is a significant difference between the split samples, the discharger can request a resample at its cost.
[Amended 1-16-2017 by Ord. No. 17-05]
In the event of a resample, the approving authority may choose the most appropriate sample or average the two samples.
Industrial or nonresidential discharger shall pay for all costs incurred by the approving authority or its contracted representative for the metering, monitoring and sampling required under this section, whether taken by the discharger or the approving authority. These charges are separate from and in addition to the sewer service charges in § 285-19.
Any waste sampling results over the listed thresholds for a Category B user under § 285-15 will subject the discharger to a sanitary sewer surcharge under § 281-19, until the sampling result concentrations are below the Category B thresholds for 24 consecutive months.
In addition to the foregoing, for satellite systems the following requirements shall be required unless waived by the approving authority upon application of the satellite system:
Sampling of the volume of the discharge from the satellite system shall be monitored by a continuous flow monitor (not less than five-minute increments) maintained by the approving authority. The approving authority shall download the data monthly and provide the data to the satellite system within 18 days.
Sampling of the waste characteristics of the discharge shall be performed by the approving authority on no less than a monthly basis.
Samples may be tested for fats, oils and grease (FOG), biological oxygen demand (BOD), total suspended solids (TSS), phosphorus (P) and any other test deemed necessary based on the nature of the discharge. Certified lab results from any sample shall be sent to the satellite system 18 working days after the sample is taken in the field.
If the satellite system wants to request a resample of any test result, it must do so within three days of receiving the sample result.
Pretreatment. Persons discharging industrial wastes into any public sewer may be required to pretreat such wastes:
If the approving authority determines pretreatment is necessary to protect the wastewater collection and treatment facilities or prevent the discharge of incompatible pollutants.
In the event such person shall provide at his expense such pretreatment or processing facilities as may be determined necessary to render wastes acceptable for admission to the sanitary sewers.
National Categorical Pretreatment Standards. National Categorical Pretreatment Standards (NCPS), as promulgated by the United States Environmental Protection Agency, shall be met by all dischargers of the regulated industrial categories.
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.
Grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in amounts in excess of those specified in this article, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Disposal of the collected materials performed by owner's personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources rules and regulations.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods and with the Federal Regulations, 40 CFR 136, Guidelines Establishing Test Procedures for Analysis of Pollutants, as amended from time to time.
Unless otherwise set forth in this section, sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the approving authority.
The industrial or nonresidential discharger shall report any and all sampling data which it undertakes to the approving authority in a time and format specified by the approving authority.
Accidental discharges. Each industrial 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.
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 who discharges a slug load of prohibited materials shall be liable for any expense, loss or damage to the wastewater facilities or wastewater treatment works, in addition to the amount of any fines imposed on the Authority on account thereof under state or federal law.
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.
Submission of facility information. Plans, specifications, and any other pertinent information relating to proposed flow equalization, pretreatment, or grease and/or sand interceptor facilities shall be submitted for review and approval of the approving authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers. No construction of such facilities shall commence until said approval has been granted.
Discharges from satellite systems. Each satellite system discharger shall adopt and implement a capacity, management, operation and maintenance (CMOM) program, in substantial conformance with the provisions of § NR 210.23(4), Wis. Admin. Code, subject to the review and approval of the approving authority.
Reports. Industrial and nonresidential dischargers shall keep records of the sampling results and maintenance performed for seven years and submit an annual report to the approving authority containing a summary of this information by February 10 each year unless the approving authority agrees to an alternative schedule for reporting.
Basis. It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Village of Pleasant Prairie to levy and collect charges, rentals, or rates of service upon all the lands, lots, and premises served by and having connections with the sewerage system of Pleasant Prairie Sewer Utility and Lake Michigan Sewer Utility District.
[Amended 5-2-2011 by Ord. No. 11-11]
Classification of sewer users. Sewer users shall be classified as residential, commercial, industrial, or public authority as defined in § 285-15. A totally unit-based charge shall be used for customers without municipal water; a flow-based charge shall be used for all customers that are connected to municipal water.
[Amended 9-16-2013 by Ord. No. 13-43]
Category B users. Category B users shall be charged a surcharge, in addition to monthly customer charge plus volume charge, based on the prevailing Category B service charges for BOD, suspended solids and phosphorus. Any wastewater test results found over the Category B thresholds will place the customer as a Category B user for 24 months.
[Amended 9-16-2013 by Ord. No. 13-43]
Residential user equivalents (RUEs). Each nonresidential customer shall be assigned an RUE value to be used as the basis of computing the user and connection charges. The RUE totals will be assigned by the approving authority and shall be based on estimated water use, considering a use of 210 gallons per day as equal to one RUE. RUE assignments will be reviewed annually.
Sewer users served by private wells. If any industrial customer discharging wastewater into the sanitary sewers procures any part or all of his water from sources other than the Water Utility, all or part of which is discharged into the sanitary sewers, the customer shall have water meters installed by the Water Utility at the customer's expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are installed, water meters will not be required. The water meters shall be furnished by the Water Utility and installed under its supervision, all costs (including meter cost) being at the expense of the person requiring the meter.
[Amended 5-16-2005 by Ord. No. 05-16; 4-16-2007 by Ord. No. 07-15; 12-4-2008 by Ord. No. 08-56]
If an industrial or nonresidential user feels that a significant amount of metered water does not reach the sanitary sewer, he can, at his own expense, with approval of the approving authority, install such additional meters or metered services as are necessary to calculate the volume of water not discharged to the sanitary sewer. Metered water not discharged to the sanitary sewer shall not be subject to sewer service charges.
[Amended 8-6-2012 by Ord. No. 12-23]
Requests to install additional meters must be made in writing to the approving authority.
The monthly charge for deduct meters are as follows:
[Amended 5-2-2011 by Ord. No. 11-11]
Winter base volume.
[Amended 11-2-2015 by Ord. No. 15-40; 6-20-2016 by Ord. No. 16-25]
The winter base volume shall be that volume of water that can be verified through the use of municipal water meter readings for a four-month period closest to December 1 through March 31. This volume shall serve as the basis for determining the sewer volume charge for residential customers for five billing periods closest to May 1 through September 30. To establish a winter-based average volume, two months of readings in the four-month evaluation period (December 1 through March 31) is necessary. Zero usage is considered a nonreading. Volume is based on a customer, not a location. Any customer that does not have two readings in the four-month evaluation period will be charged actual volume during the summer months.
Those sewer customers that are not connected to the Village's or Kenosha Water Utility's (KWU) municipal water system shall have the same monthly volume year around that was established during the last sewer rate study.
Kenosha Water Utility (KWU) should provide annually water usage for the previous year to the Village of Pleasant Prairie for those Pleasant Prairie sanitary sewer customers that are served by municipal water from the KWU. The information provided by KWU will be used to determine a new monthly volume starting May 1.
If the KWU does not provide winter water usage, the KWU municipal water customer with Pleasant Prairie sanitary sewer will be responsible for providing the appropriate information. They may bring in two KWU utility bill stubs by May 1 each year from the KWU representing usage closest to December 1 through March 31, and that average consumption shall be used to calculate a winter base volume. If KWU municipal water customers do not provide two utility billing stubs each year, those customers will be billed based on the volume established in Subsection G(2) of this section.
The groundwater surcharge is the volumetric charge that shall be determined by the approving authority for application to those customers that either have their perimeter, down spout, or footing drainage tiles connected into the public sewer or have connected or discharge their sump pumps into the public sewer.
Customers that have had the Village inspect and approve their sanitary sewage drainage system will be exempt from the charge.
Customers that are subject to this charge are those that are in metered service areas of the Pleasant Prairie Sewer Utility that are served by the Kenosha Water Utility.
[Amended 5-2-2011 by Ord. No. 11-11]
The charge shall be computed by establishing an actual gross volume flow from a sanitary sewage metering station. From that volume, the actual volume of water meter readings, RUE's from nonwater customers, and the allowable infiltration rate established in the Wisconsin State Standard Specifications for Sanitary Sewer and Water Construction, Section 3.7.2, shall be subtracted. The net result of that calculation will be divided equally among all customers that have not complied with Subsection H(2) of this section and are located in the metered areas as shown on Map 20-2.
When charges begin. Charges for sanitary sewer service begin at the time the rough plumbing permit is issued. Charges shall be based upon average winter base rate for residential customers for residential construction. Multifamily dwelling units charges shall be based upon the number of dwelling units multiplied by the average residential winter base rate. All other classifications of customers shall be charged based upon waste stream analysis to be supplied at the time of their site and operation plan review.
Control of industrial wastes directed to public sewers; waste sampling. Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determination shall be made for the industry as often as may be deemed necessary by the approving authority.
[Added 6-4-2012 by Ord. No. 12-20]
Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority.
Installation, operation, and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the approving authority. Access to sampling locations shall be granted to the approving authority or its duly authorized representative at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
The approving authority shall determine whether sampling by district employees and/or contractor's findings shall be used when presented with contrary sampling information. An industry may split samples with the districts upon request by the industry.
Sanitary sewer surcharge testing shall measure the biological oxygen demand (BOD), which is the strength of effluent, the total suspended solids (TSS), and phosphorous (P). The Village discharges all sewer flow to the City of Kenosha, Kenosha Water Utility, which in turn places a sanitary sewer surcharge for all flow received. Pleasant Prairie monitors the discharge flow from manufacturing, commercial, private sewer systems, restaurants, and other users with a history of discharging sewer flows above the allowable limits. The following limits have been established: BOD, 180 mg/L; TSS, 200 mg/L; and P, 6 mg/L. Each of the test limits has an established fee as established by ordinance.
Fats, oil and grease (FOG) testing shall be used as an indicator to assist sanitary sewer surcharge test users that discharge effluent with high BODs. Users that operate kitchens, restaurants, industrial companies who handle meat, and private sewer system owners are examples of sewer users who would receive this test.
The user charges for Category A customers in the Pleasant Prairie Sewer Utility and Lake Michigan Sewer Utility District are as follows:
[Amended 5-16-2005 by Ord. No. 05-16; 4-16-2007 by Ord. No. 07-15; 12-4-2008 by Ord. No. 08-56; 5-2-2011 by Ord. No. 11-11; 5-18-2015 by Ord. No. 15-19]
The user charge rates for Category B customers are as follows:
[Amended 5-16-2005 by Ord. No. 05-16; 4-16-2007 by Ord. No. 07-15; 12-4-2008 by Ord. No. 08-56; 5-2-2011 by Ord. No. 11-11; 5-18-2015 by Ord. No. 15-19]
Replacement fund account. All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in § 285-15. All revenues for the replacement fund must be used solely for the replacement of equipment.
Septic tank sludge and holding tank sewage prohibited. No person shall dispose of septic tank sludge or holding tank sewage or transfer such material into the public sewer.
Charge for toxic pollutants. Any person discharging toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the Treatment Authority's wastewater treatment facility shall pay for such increased costs, as may be determined by the approving authority.
Calculations of sewer service charges. Sewer service charges shall be computed by the municipality according to the rates and formula presented in this article.
Sewer service charge billing period. Sewer service charges shall be billed by the municipality to the sewer users on a monthly basis.
Payment of sewer service charges. Those persons billed by the municipality for sewer service charges shall pay such charges within 20 days after the billing date.
Penalties. Such sewer service charges levied by the municipality against the sewer users in accordance with this article shall be a debt due to the municipality and shall be a lien upon the property. If this debt is not paid within 20 days after it shall be due, it shall be deemed delinquent with penalty of 1% on the unpaid balance. It may be placed on the next year's tax roll, with an additional penalty of 10% added and be collected as other taxes are collected.
[Amended 5-2-2011 by Ord. No. 11-11]
Right of entry. The approving authority or other duly authorized employees of the municipality, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, or testing, all in accordance with the provisions of this article.
Safety. While performing the necessary work on private premises referred to in Subsection A, the duly authorized municipal employees shall observe all safety rules applicable to the premises established by the person.
Identification and right to enter easements. The approving authority or other duly authorized employees of the municipality, bearing proper credentials and identification, shall be permitted to enter all private properties through which the municipality holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of such easement.
Work authorized. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb the public sewers or appurtenances thereof without first obtaining a written permit from the approving authority.
Cost of sewer connection. All costs and expenses incident to the installation, connection, and maintenance of the building sewer shall be borne by the person making the connection.
A connection charge will be levied by the municipality upon all residential and nonresidential customers prior to connection or issuance of a plumbing permit for any new or expanded use of the sanitary sewer system.
The connection fee for multifamily dwelling units shall be collected at the time the plumbing permit is obtained. If the multifamily dwelling unit is connected to municipal water, the owner of the property shall have the option from the 13th month of full occupancy of the multifamily dwelling to the 18th month to have an adjustment made in the connection fee. The adjustment would be based upon the following steps:
Verification of the number of units occupied in a building.
Calculation of the actual water to the building from the water meter readings.
Dividing the actual volume by 365 or 366 in a leap year to create a daily volume.
Dividing the daily by 210 [the average residential user equivalent (RUE)].
Multiplying the number of RUE's by $1,600.
Refund the difference between the two numbers if the initial payment was higher.
Invoice to the property owner for the amount that represents an increase between the two numbers if the initial payment received from the property owner was lower.
Connection fees in the Westwood Relief Sewer System as reflected on Map 20-1 shall be $565 per RUE.
Nonresidential: commercial and industrial $1,600/meter equivalent. Meter equivalents are determined according to AWWA C-700 schedule of meter operating capacity as follows:
For commercial customers utilizing unmetered water supply or private wells, the meter equivalent shall be determined based on the total water supply fixture units of the building to be connected, converted to gallons per minute, in accordance with the State of Wisconsin Plumbing Code, Ch. COMM 82, Wis. Adm. Code.
The initial connection charge as set forth in this section for a new building shall be paid at the time that a building or plumbing permit is applied for. The initial connection charge for an existing structure shall be paid before the actual connection is made to the system.
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the approving authority, to meet all requirements for this article.
Materials and methods of construction.
[Amended 9-16-2002 by Ord. No. 02-72]
The size, scope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the municipality's Building and Plumbing Codes or other applicable rules and regulations of the municipality. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
Sanitary sewer service laterals shall be located outside of any paved, hard-surface driveway approaches or driveway areas where a new sanitary sewer service is installed for all existing one- and two-family dwellings. In all new subdivisions, sanitary sewer service laterals must be utilized in their designed and approved locations. If the sanitary sewer service lateral falls within the driveway approach or driveway surface, the property owner shall sign a letter of indemnification with the Village holding the Village harmless for any and all future liability, loss, or damage associated with any work as may be required by the Village within the property owner's paved portion of the driveway which is located in the Village road right-of-way. This letter of indemnification shall be recorded with the Register of Deeds with the recording fee paid by the property owner.
[Amended 6-6-2005 by Ord. No. 05-19]
Each individual single-family dwelling unit shall require its own sanitary sewer service lateral. If a single-family dwelling exists with a commercial/business on the same property, each dwelling shall have its own sanitary service lateral.
Building sewer grade. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
Storm- and groundwater drains. No persons shall make connection of roof down spouts, exterior foundation drains, sump pumps, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer. All existing down spouts or groundwater drains, etc., connected directly or indirectly to a sanitary sewer must be disconnected within 30 days of the date of an official written notice from the approving authority.
Conformance to Plumbing Codes. The connection of the building sewer into the sanitary sewer shall conform to the requirements of the Building and Plumbing Codes, or other applicable rules and regulations of the municipality or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.
Inspection of connection. The utility contractor or master plumber making a connection to a public sewer shall notify the Village during the normal working hours of 8:00 a.m. to 5:00 p.m. as to when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the Village. Before the Village approves the sanitary sewer lateral connection for an existing property that is also abandoning a private on-site sewage disposal system, the contractor shall schedule two separate inspections with the Village. An inspection of the lateral installation to verify that the existing plumbing connection in the dwelling shall meet the State Plumbing Code. This inspection shall require the Village inspectors to enter the dwelling to complete the inspection. A second inspection shall be scheduled prior to any filling of an existing tank with slurry. At the time of the tank inspection, a pumping ticket from a licensed solid waste contractor shall be provided to the Village inspector to verify that the solid waste has been properly removed from the tank.
[Amended 9-16-2002 by Ord. No. 02-72]
Barricades; restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the approving authority.
§ 285-24 Notice of violations; abatement of nuisances; penalty for accidental discharge; liability for losses.
Written notice of violations. Any person found to be violating any provision of this article shall be declared a public nuisance and shall be served by the municipality 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 violations.
Abatement of nuisance without notice. If the approving authority determines that a public nuisance exists within the municipality and that there is great and immediate danger to the wastewater collection and treatment facilities or the public health, safety, peace, morals, or decency, the approving authority may cause the same to be abated and charge the cost thereof to the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be.
Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater collection and treatment facility and/or receiving body of water shall, in addition to a fine, pay an amount to cover any damages, both values to be established by the municipality.
Continued violations. Any person, partnership, or corporation, or any officer, agent, or employee thereof, who shall continue any violation beyond the aforesaid noticed time limit provided, shall, upon conviction thereof, forfeit not more than $500, together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the county jail for a period not to exceed 30 days. Each day in which any violation is continued beyond the aforesaid noticed time limit shall be deemed a separate offense.
Liability to municipality for losses. Any person violating any provisions of this article shall become liable to the municipality for any expense, loss, or damage occasioned by reason of such violation which the municipality may suffer as result thereof.
Procedures. Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease-and-desist orders, made by the approving authority interpreting or implementing the provisions of this article or in any permit issued herein, may file with the approving authority a written request for reconsideration within 10 days of the date of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The approving authority shall render a decision on the request for reconsideration to the user, permit applicant, or permit holder in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the approving authority is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the Village Board.
A fee of $50 shall accompany any appeal to the Village Board for its ruling. This fee may be refunded if the appeal is sustained in favor of the appellant. The written appeal shall be heard by the Village Board within 45 days from the date of filing. The Village Board shall make a final ruling on the appeal within 60 days from the date of filing.
Biennial audit. The Commission shall review at least every two years the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater collection and treatment facilities and the sewer service charge system, if necessary, to accomplish the following:
Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users.
Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater collection and treatment facilities.
Apply excess revenues collected from a class of users to the operation and maintenance expenses attributable to the class of users for the next year and adjust the sewer service charge rates accordingly.
Annual notifications. The Commission shall notify its sewer users annually as to the sewer service charge rates. The notification shall show what portion of the rates is attributable to the operation and maintenance expenses, any debt service costs of the wastewater collection system and wastewater treatment by the City of Kenosha. The notification shall occur in conjunction with the adoption of a budget for the ensuing year in accordance with § 65.90, Wis. Stats.
Records. The Commission shall maintain records regarding wastewater flows, costs of the wastewater collection and treatment facilities, sampling programs and other information which is necessary to document compliance with 40 CFR 35, Subpart E, of the Clean Water Act.
Within 60 days after the effective date of this article, the following must apply for a wastewater discharge permit from the Administrator of the Wastewater Utility:
The Village of Pleasant Prairie shall follow all provisions relating to the regulation of wastewater discharge into the Kenosha Water Utility wastewater collection system as defined in Chapter 32 of the City of Kenosha Code of General Ordinances.
Required information. Applications for wastewater discharge permits shall be made on Wastewater Utility forms. The application for a wastewater discharge permit must be signed by an authorized representative of the industrial discharger or municipality and must contain the following information prior to being processed. It shall be unlawful for any person to intentionally file an incomplete or inaccurate application. A wastewater discharge permit shall not be issued until a complete and accurate application is filed.
The name, address and location of the industrial discharger or municipality.
The Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, amended.
Disclosure of the constituents and characteristics of prohibited wastewater, as determined by a bona fide chemical and biological analyses.
Disclosure of the time and duration of discharges.
Disclosure of average daily wastewater flow rates in gallons per day, including daily, monthly and seasonal variations, if any.
Disclosure of site plans, floor plans, mechanical and plumbing plans, and details which show all sanitary sewers, sanitary sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
General description of activities, facilities and plant processes on the premises, including all materials that are or may be discharged.
Disclosure of whether or not compliance with this article is being achieved on a consistent basis.
Disclosure of each product produced by type, amount, process or processes, and rate of production.
Disclosure of the type and amount of material utilized, which is or may be discharged into the wastewater collection facilities, stating the average and maximum per day.
Amendments to application.
An industrial discharger or municipality must submit an amended application for wastewater discharge permit within 30 days following any material change in the information required and previously submitted on an application form, and 30 days prior to the following:
An amended application will be processed the same as if it were an original application. This subsection does not apply to temporary variations in production schedules.
Insufficient information. Where an application for a wastewater discharge permit contains insufficient or inaccurate information, the Wastewater Utility may require more complete and accurate information. Applicants shall be provided 30 days from the date of receipt of written notice of an incomplete or inaccurate application in which to furnish more complete or accurate information.
New discharges. Industrial dischargers and municipalities who were not discharging into the wastewater collection facilities on the effective date of this article must apply for a wastewater discharge permit prior to their connecting to or discharging to the wastewater collection facilities.
Permit approval. Thirty days after a fully completed, accurate and sufficient application for a wastewater permit has been submitted to the Wastewater Utility, the Administrator of the Wastewater Utility shall grant a wastewater discharge permit in accordance with the provisions of this article, which will specify wastewater which is totally prohibited, place limits on the constituents and characteristics of wastewater, and provide for the pretreatment of certain wastewater prior to its discharge to the wastewater collection facilities.
Permit terms, conditions and limitations. Wastewater discharge permits shall specify the following:
Fees and charges to be paid as a condition of permit issuance.
Limits on the average and maximum wastewater constituents and characteristics of discharge.
Limits on average and maximum rate, time of discharge and requirements for flow regulations and equalization.
Requirements for the installation and maintenance of inspection and sampling facilities.
Special conditions imposed by the Administrator of the Wastewater Utility required under particular circumstances of a given discharger, including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules, and special technical reports or discharge reports in addition to those specifically prescribed by this article. The special conditions imposed by this section shall be reasonable and shall be necessary to carry out the objectives of this article. In each case, if the discharger so desires, the Administrator shall provide to the discharger a full and complete explanation of the reason for the special conditions.
Dischargers which have a potential for an accidental discharge of prohibited wastewater shall be required to develop a written plan designed to prevent accidental discharges of prohibited wastewater, and in the event of such accidental discharge, to mitigate potential damages which could be caused thereby. Such plan shall include a provision that dischargers place signs in conspicuous places on their premises advising officers, employees and agents thereof of the procedure to be utilized to report a discharge of prohibited wastewater to the Wastewater Utility.
Where pretreatment is required, the discharger shall be required to submit a plan therefor to the Administrator of the Wastewater Utility by a certain date. Such plan may not be implemented until approved by the Administrator. Such plan shall include a schedule, known as "milestone dates," for hiring an engineer, preliminary plans, final plans, letting contract, commencement of and completion of construction, hiring of appropriate personnel and date of initial operation. Such schedule must be strictly complied with unless such schedule is modified by the Administrator. Dischargers shall have the obligation of filing for extensions of time to meet such milestone date with the Wastewater Utility prior to the expiration of any milestone date. A hearing will be held by the Administrator on timely extension requests. No discharger shall fail to timely obey an order for pretreatment, fail to submit a schedule of milestone dates to implement pretreatment or fail to meet scheduled milestone dates or authorized extensions thereof, for any phase of the implementation of pretreatment. Pretreatment shall be at the sole cost and expense of the discharger. No later than 14 days following each milestone date, the discharger shall submit a progress report to the Administrator. If a specific milestone date is not met, the report shall state the reason for the delay, the expected time for complying with said milestone date and the steps being taken to achieve said milestone by the date proposed. In the event more than nine months elapse between milestone dates, a progress report shall be submitted not less than every nine months. Should a milestone date not be met and should a timely extension request not have been made and granted, an after-the-fact extension request shall be applied for following the same procedure as should have been utilized by the discharger for a timely request for additional time to meet a milestone date. However, the approval of an after-the-fact time extension shall not relieve the discharger of liability for a forfeiture or other sanction for having missed a milestone date without first having requested and been granted an appropriate extension of time.
A provision which states that samples shall be collected in such a manner as to be representative of the composition of the wastewater and as provided for in the permit. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Administrator. Installation, operation and maintenance of the sampling facilities shall be at the cost and expense of the discharger and shall be subject to the approval of the Administrator. Access to sampling locations, industrial processes that pertain to wastewater discharge and pretreatment facilities, and records of wastewater self-monitoring shall be granted to the Administrator or duly authorized representative thereof, at all reasonable hours. Care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that which existed at the time the sample was taken.
A statement that dischargers discharging on the effective date of this article shall comply with this article where it is stricter than federal or state laws, rules or regulations, within 18 months after the effective date of this article. The Administrator may provide additional time for compliance with this article where such additional time is mandated by technical considerations.
Permit duration. All wastewater discharge permits shall be issued for four years, subject to amendment, suspension or revocation as provided for in this article.
Limitations on permit assignment and transfer. A wastewater discharge permit is issued to a specific industrial discharger or municipality for a specific operation and is not valid for operations not described in the application, is not assignable to another discharger or transferable to any other location without the prior written approval of the Administrator.
Permit amendments by issuer. The Wastewater Utility may amend any wastewater discharge permit issued, subject to notice of its intent to do so, and subject to the discharger being given an opportunity to be heard for the purpose of correcting any errors or omissions made by the Wastewater Utility and to incorporate revised limitations on prohibited wastewater required by law. A reasonable time schedule shall be set to meet any new or modified requirements. A minimum of 30 days will be provided to the discharger to meet any new or modified requirements.
Extensions of permit time schedules. Whenever any industrial discharger, municipality or hauler believes that any time schedule contained in a wastewater discharge permit is unreasonable under the circumstances, such discharger may request, in writing, an extension of time to meet such schedule prior to the expiration of any such time limit. Time extensions may be given after the fact, but the discharger is subject to the penalties herein provided for failure to meet such time schedule.
Opportunity for hearing relative to any permit conditions and limits. Any discharger, within 30 days of the granting of a wastewater discharge permit, may file with the Wastewater Utility a request to be heard relative to the correct application of any permit conditions and limitations. An opportunity to be heard will be provided before the Administrator within 10 days of the receipt thereby of a request for hearing.
This article shall take effect and be in force from and after July 1, 1985.