[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-17-1998 (Ch. 20 of the 1988 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Buildings with five or more residential living units on one
parcel.
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.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.
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.
Town of Somers residents currently receiving sanitary sewer
service from the Village of Pleasant Prairie.
[Added 5-2-2011 by Ord. No. 11-11]
Permissible.
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]
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwaters.
Customer category which includes all sewer residential users
of five or more 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; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
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).
All residents within the corporate limits of the Village
of Pleasant Prairie.
[Added 5-2-2011 by Ord. No. 11-11]
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]
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]
Any publicly owned sewer, storm drain, sanitary sewer, or
combined sewer.
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 users less than five residential living units.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A combination of liquid and water-carried wastes discharged
from toilets and/or sanitary plumbing facilities.
A sewer that carries sewage or wastewater.
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 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.
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.
Mandatory.
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.
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 Environment Federation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
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."
The Kenosha Water Utility.
[Amended 5-2-2011 by Ord. No. 11-11]
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.
The structures and equipment required to collect and carry
wastewater.
The wastewater treatment facility of the City of Kenosha.
[Amended 5-2-2011 by Ord. No. 11-11]
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.
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
Wastewater having a pH lower than 5.5.
(4)
Wastewater having a pH in excess of 9.
(5)
Solids which cannot penetrate a Tyler designation
20-mesh screen or viscous substances in quantities which may injure
the system or contaminate the sludge.
(6)
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.).
(7)
Wastewater containing more than 100 mg/l of petroleum
oil, nonbiodegradable cutting oils, or products of mineral oil origin.
(8)
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.)
(9)
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.
(10)
The following substances in excess of the limit
below provided:
|
Average Consecutive Four-Day
(mg/l)
|
One-Day Maximum
(mg/l)
| |
|---|---|---|
|
Cadmium
|
0.7
|
1.2
|
|
Chromium
(total)*
|
4.0
|
7.0
|
|
Copper
|
2.7
|
4.5
|
|
Mercury
|
0.05
|
0.10
|
|
Nickel
|
2.6
|
4.1
|
|
Lead
|
0.44
|
0.69
|
|
Zinc
|
2.6
|
4.2
|
|
Cyanide
|
2.08
|
3.96
|
|
Notes:
|
|
NOTES:
*Hexavalent chrome shall be reduced to trivalent
chrome before discharge to the wastewater collection facilities or
be eliminated from the wastewater stream. Should National Categorical
Pretreatment Standards (NCPS) provide for more stringent limitations,
the NCPS shall prevail. Removal credits, if granted, will affect the
NCPS and the limits provided herein, and the most stringent limit
of the two shall prevail where applicable.
|
(11)
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.
(12)
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.
(13)
Substances which exert or cause:
(a)
BOD, suspended solids, oil, grease or phosphorus
in quantities above the quantities thereof contained in normal domestic
strength wastewater.
(b)
A volume or concentration of wastewater constituting
slugs in such quantities as to injure the system or contaminate the
sludge.
(c)
Concentration of inert suspended solids, or
inert dissolved solids, as to injure the system or contaminate the
sludge.
(14)
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
Submission of basic data.
(1)
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.
(2)
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.
B.
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:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers;
(3)
Require control over the quantities and rates of discharge; and/or
(4)
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.
C.
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.
(1)
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.
(2)
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.
D.
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.
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.
F.
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.
(1)
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.
(2)
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.
(3)
Access to sampling locations shall be granted to the approving authority
or its duly authorized representative at all times.
(4)
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.
(5)
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]
(6)
In the event of a resample, the approving authority may choose the
most appropriate sample or average the two samples.
(7)
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.
(8)
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.
(9)
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:
(a)
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.
(b)
Sampling of the waste characteristics of the discharge shall
be performed by the approving authority on no less than a monthly
basis.
(c)
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.
(d)
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.
G.
Pretreatment. Persons discharging industrial wastes into any public
sewer may be required to pretreat such wastes:
(1)
If the approving authority determines pretreatment is necessary to
protect the wastewater collection and treatment facilities or prevent
the discharge of incompatible pollutants.
(2)
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.
H.
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.
I.
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.
J.
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.
K.
Analyses.
(1)
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.
(2)
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.
(3)
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.
L.
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.
(1)
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.
(2)
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.
M.
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.
N.
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. Adm. Code, subject to the review and
approval of the approving authority.
O.
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.
A.
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]
B.
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]
C.
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]
D.
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.
E.
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.
F.
Deduct meters.
[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]
(1)
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]
(2)
Requests to install additional meters must be made
in writing to the approving authority.
(3)
The monthly charge for deduct meters are as follows:
[Amended 5-2-2011 by Ord. No. 11-11]
|
Meter Size
(inches)
|
Monthly Charge
|
|---|---|
|
5/8 to 1
|
$15.98
|
|
1 1/2
|
$18.20
|
|
2
|
$25.05
|
|
3
|
$25.05
|
|
4
|
$31.91
|
|
6
|
$44.41
|
G.
Winter base volume.
[Amended 11-2-2015 by Ord. No. 15-40; 6-20-2016 by Ord. No. 16-25]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
H.
Groundwater surcharge.
(1)
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.
(2)
Customers that have had the Village inspect and approve
their sanitary sewage drainage system will be exempt from the charge.
(3)
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]
(4)
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.
I.
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.
J.
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]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
A.
All rates established pursuant to this article will
be fair and reasonable. The amount of each charge to be imposed shall
be made by resolution. The current rates will be on file with the
Village Clerk.
[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; 9-16-2019 by Ord. No. 19-36]
C.
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.
D.
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.
E.
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.
A.
Calculations of sewer service charges. Sewer service
charges shall be computed by the municipality according to the rates
and formula presented in this article.
B.
Sewer service charge billing period. Sewer service
charges shall be billed by the municipality to the sewer users on
a monthly basis.
C.
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.
D.
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]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
Connection charges.
(1)
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.
(2)
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:
(a)
Verification of the number of units occupied
in a building.
(b)
Calculation of the actual water to the building
from the water meter readings.
(c)
Dividing the actual volume by 365 or 366 in
a leap year to create a daily volume.
(d)
Dividing the daily by 210 [the average residential
user equivalent (RUE)].
(e)
Multiplying the number of RUE's by $1,600.
(f)
Refund the difference between the two numbers
if the initial payment was higher.
(g)
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.
(3)
Connection fees in the Westwood Relief Sewer System
as reflected on Map 20-1 shall be $565 per RUE.
(4)
Nonresidential: commercial and industrial $1,600/meter
equivalent. Meter equivalents are determined according to AWWA C-700
schedule of meter operating capacity as follows:
|
Water Meter Size
(inches)
|
Capacity
|
Meter Equivalent
|
|---|---|---|
|
5/8
|
20
|
1
|
|
5/8 x 3/4
|
20
|
1
|
|
1
|
50
|
2.5
|
|
1 1/2
|
100
|
5
|
|
2
|
160
|
8
|
|
3
|
300
|
15
|
|
4
|
500
|
25
|
|
6
|
1,000
|
50
|
(5)
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. SPS 382, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
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.
D.
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.
E.
Materials and methods of construction.
[Amended 9-16-2002 by Ord. No. 02-72]
(1)
The size, slope, alignment and 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 WEF Manual of Practice No. 9 shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
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]
(3)
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.
F.
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.
G.
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.
H.
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 WEF 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.
I.
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 7:30 a.m. to 4:30 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 meets 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;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J.
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.
A.
Written notice of violations. Violation of any provision
of this article is declared to be a public nuisance. Any person found
to be violating any provision of this article 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
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.
C.
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 forfeiture,
pay an amount to cover any damages, both values to be established
by the municipality.
[Amended 8-16-2021 by Ord. No. 21-20]
D.
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.
E.
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.
A.
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.
B.
A fee as established in the Village Fee Schedule 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
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:
(1)
Maintain a proportionate distribution of operation
and maintenance expenses among sewer users based on the wastewater
volume and pollutant loadings discharged by the users.
(2)
Generate sufficient revenues to pay the operation
and maintenance expenses of the wastewater collection and treatment
facilities.
(3)
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.
B.
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.
C.
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.
A.
Application.
(1)
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:
(2)
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.
[Added 4-18-1994]
B.
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.
(1)
The name, address and location of the industrial discharger
or municipality.
(2)
The Standard Industrial Classification (SIC) number
according to the Standard Industrial Classification Manual, Bureau
of the Budget, 1972, amended.
(3)
Disclosure of the constituents and characteristics
of prohibited wastewater, as determined by a bona fide chemical and
biological analyses.
(4)
Disclosure of the time and duration of discharges.
(5)
Disclosure of average daily wastewater flow rates
in gallons per day, including daily, monthly and seasonal variations,
if any.
(6)
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.
(7)
General description of activities, facilities and
plant processes on the premises, including all materials that are
or may be discharged.
(8)
Disclosure of whether or not compliance with this
article is being achieved on a consistent basis.
(9)
Disclosure of each product produced by type, amount,
process or processes, and rate of production.
(10)
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.
C.
Amendments to application.
(1)
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:
(2)
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.
D.
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.
E.
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.
F.
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.
G.
Permit terms, conditions and limitations. Wastewater
discharge permits shall specify the following:
(1)
Fees and charges to be paid as a condition of permit
issuance.
(2)
Limits on the average and maximum wastewater constituents
and characteristics of discharge.
(3)
Limits on average and maximum rate, time of discharge
and requirements for flow regulations and equalization.
(4)
Requirements for the installation and maintenance
of inspection and sampling facilities.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
H.
Permit duration. All wastewater discharge permits
shall be issued for four years, subject to amendment, suspension or
revocation as provided for in this article.
I.
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.
J.
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.
K.
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.
L.
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.
