Village of Saukville, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Saukville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 1-19.
Special assessments — See Ch. 5.
Superintendent of Utilities — See Ch. 35.
Plumbing standards — See Ch. 147.
Street openings — See Ch. 173, § 173-3.
[Adopted 12-17-1985 by Ord. No. 389 as Secs. 6.11 and 6.20 of the 1985 Code]
[Amended 7-15-2008 by Ord. No. 681; 11-18-2014 by Ord. No. 753]
When the Village constructs storm sewers in streets that are being reconstructed or resurfaced, the Village shall extend storm sewer laterals to each property abutting the right-of-way of the reconstructed or resurfaced street. The cost of the storm sewer main shall be the responsibility of the Village and the cost of the storm sewer lateral from the main to the building or structure on the abutting property shall be the responsibility of the property owner. Laterals will be sized in accordance with the State Plumbing Code, with the minimum size being four-inch diameter.
[Added by Ord. No. 386; amended 7-15-2008 by Ord. No. 681; 11-18-2014 by Ord. No. 753]
A. 
Required connection. Except as provided in Subsection B hereof, when a storm sewer lateral is installed to a property, the property owner shall have a sump pump installed and connected to the lateral within one year of lateral installation for the purpose of discharging clear water from foundation drains and ground infiltration. Lateral connection to the property sump pump shall be the responsibility of the property owner and shall be in compliance with local and state plumbing codes.
B. 
Waiver of required connection. A property owner may petition the Village Board for a waiver from the requirement to connect a sump pump to the storm sewer lateral serving the property. The Village Board may grant a waiver of the sump pump connection requirement under the following circumstances:
(1) 
If the property owner demonstrates to the Village by clear and convincing evidence that there is no clear water infiltration whatsoever from the property into the Village sanitary sewer system, and the property owner executes a written waiver agreement approved by the Village Board; or
(2) 
If the property owner demonstrates to the Village by clear and convincing evidence, including detailed cost estimates, that the cost to install a clear water drainage system including sump pump connection would result in financial hardship as defined herein to the property owner, the Village Board determines that the property owner's situation is unique and that the financial hardship to the property owner exceeds the benefit to the Village or the public, and the property owner executes a written waiver agreement approved by the Village Board.
C. 
Evidence. The evidence to be provided by a property owner requesting a waiver under Subsection B shall include a video recording made in the presence of a Village employee, at the property owner's expense, showing the sanitary sewer lateral from inside the building to the lateral connection with the Village's sanitary sewer main, the floor drain connections, and all clean out connections in the front and back of the basement. The Village may conduct such other inspections of the property deemed necessary by the Village, at the property owner's expense, to determine whether a waiver should be issued.
D. 
Other clear water disposal. Where no storm sewer system is available to a property or a storm sewer is not adequate to receive the anticipated flow, clear water or storm water shall be disposed of in such a manner as will not constitute a public nuisance as defined herein.
E. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FINANCIAL HARDSHIP
The fact or condition under which the strict application of this section to a particular property is unduly costly in relation to the property owner's income or assets or the fair market value of the property without a sump pump installed and connected to a storm sewer lateral.
PUBLIC NUISANCE
The discharge of any clear water or storm water into a public sanitary sewer system, on to public streets or sidewalks, or on to property not under the control of the person making or causing such discharge constitutes a public nuisance and is prohibited.
Except as otherwise provided in this article, any person who violates any provision of this article shall be subject to a penalty as provided in § 1-19 of this Code.
[Adopted 11-16-1999 by Ord. No. 544]
The Village Board, pursuant to the provisions of § 66.068, Wis. Stats., does hereby declare the Village-owned sewer system, consisting of the wastewater treatment facility, collection system (as hereafter defined), and all other appurtenances and equipment used for such purposes, or wastewater works (as hereafter defined) a public utility as of August 5, 1980.
A. 
The operation, management and control of the utility is hereby vested in the Village Board as a utility board pursuant to the provisions of § 66.078, Wis. Stats., and hereby referred to as the "approving agency." All records of the utility shall be kept by the Village Clerk and Treasurer in the Village Hall or other officially designated place.
[Amended 8-9-2014 by Ord. No. 750]
B. 
The rules, regulations and rates hereafter set forth shall be considered part of the contract with every individual or entity connected to the wastewater works. Such rules, regulations and rates may be changed from time to time as determined by the Village Board and the right reserved to make special rates and contracts in all proper cases.
C. 
The Village Board shall cause an annual audit of the books of the utility made by the Wisconsin Bureau of Municipal Audit or a private firm of certified public accountants and shall make the books and records relating to the utility available for inspection during regular business hours.
This article, its rules, regulations and rates shall apply to all individuals, firms and corporations residing within the corporate limits of the Village and any person, firm or corporation, by attachment or otherwise coming in to locate within the Village subsequent to the effective date hereof.
The meaning of terms used in this article shall be as follows:
ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as amended by the Federal Water Pollution Act Amendments of 1972, Pub. L. 92-500 and Pub. L. 92-243, or modified by Ch. 283, Wis. Stats., or appropriate sections of the Wisconsin Administrative Code adopted pursuant to Ch. 283, Wis. Stats.
AUTHORITY
The Village Board or its authorized deputy, agent or representative.
BOD
The quantity of oxygen expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20º centigrade. The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods."
BUILDING SEWER, LATERAL AND SERVICE PIPE
A sewer which carries only sewage and industrial wastes from the building to the public sanitary sewer.
COLLECTION SYSTEM
The system of sewers and appurtenances for the collection, transportation and pumping of domestic wastewater and industrial waste.
CONNECTION CHARGE
A charge levied on users for each lateral connected to the public sanitary sewer. The revenues generated from the connection charge shall be used to cover expenditures relating to customer costs and costs related to flow not directly attributable to users (infiltration/inflow).
DEBT RETIREMENT
All annual principal and interest requirements and obligations of the Village for the wastewater works.
DOMESTIC WASTEWATER
Waterborne wastes normally being discharged from the sanitary conveniences of dwellings, apartment houses, hotels, office buildings, factories and institutions, free of industrial wastes and in which the average concentrations of suspended solids is established at or below 250 mg/l, the BOD is established at or below 200 mg/l and phosphorus is established at or below six mg/l.
[Amended 3-6-2018 by Ord. No. 784]
FLOW PROPORTIONAL COMPOSITE SAMPLE
A sample consisting of portions of waste taken in proportion to the volume of flow of the wastes.
A. 
Any nongovernmental, nonresidential user of publicly owned wastewater works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and whose activities are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: Division A, Agriculture, Forestry and Fishing; Division D, Manufacturing; Division E, Transportation, Communications, Electric, Gas and Sanitary Services; Division I, Services. In determining the amount of a user's discharge for purposes of industrial cost recovery, the grantee may exclude domestic wastes or discharges from sanitary conveniences. After applying the sanitary waste exclusion, discharges in the above divisions that have a volume exceeding 25,000 gpd or the weight of BOD or suspending solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste are considered industrial users. Sanitary wastes, for purposes of this calculation of equivalency, are the wastes discharged from residential users.
B. 
Any nongovernmental user of a publicly owned wastewater works whose discharges contain toxic pollutants or poisonous solids, liquid or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems or to injure or interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has adverse effect on the waters receiving any discharge from the treatment works, even if the industrial user does not discharge the equivalent of 25,000 gallons per day of sanitary wastes.
INDUSTRIAL WASTES
Any waterborne solids, liquids or gaseous wastes other than domestic wastewater, resulting from discharging, flowing or escaping from any commercial, industrial, manufacturing or food processing operation or process or from the development of any natural resource, or any mixture of these with water or domestic wastewater.
INTERCEPTING SEWER
A sewer constructed to receive the dry weather flow of untreated or inadequately treated sewage from one or more existing sanitary sewer system terminals, other than from a dwelling or building, that presently discharges or formerly discharged flow directly into any waters of the state, and convey the flow to a treatment works, or is to serve in lieu of an existing or proposed treatment works.
METERING MANHOLE
A manhole constructed for the purpose of monitoring the discharge of industrial waste from a single user.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NORMAL SEWAGE
Sanitary sewage in which BOD, suspended solids or phosphorous concentrations do not exceed normal concentrations of:
[Amended 3-6-2018 by Ord. No. 784]
A. 
A five-day 20°C., BOD of not more than 200 milligrams per liter (mg/l);
B. 
A suspended solids concentration of not more than 250 parts per million; or
C. 
Phosphorous not more than six milligrams per liter (mg/l).
OPERATION AND MAINTENANCE COST
The actual sums spent by the utility in the operation and maintenance of its wastewater works consisting of, but not limited to, each and all of the following purposes:
A. 
Wages, salaries and employee related expenses of operating, maintenance, clerical, laboratory and supervisory personnel, together with fringe benefits and premiums paid on such wages and salaries for state workers compensation coverage.
B. 
Electrical power.
C. 
Chemicals, fuel and other operating supplies.
D. 
Repairs to and maintenance of the equipment associated therewith.
E. 
Premiums for hazard insurance.
F. 
Premiums for insurance providing coverage against liability for the injury to persons and/or property.
G. 
Rents and leasing costs.
H. 
Operation, licensing and maintenance costs for trucks and heavy equipment.
I. 
Consultant and legal fees.
J. 
Replacement.
PERSONS
Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, governmental agency or other entity and agents, servants or employees.
pH
The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in the "Standard Methods."
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and is controlled or owned by the public authority.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
RESIDENTIAL EQUIVALENT CONNECTION
The amount of sewage contributed to the system from a single-family residence based on the following criteria, which will be recomputed each year.
Flow = amount of water used by single family units
____________________________________________________
total number single family units
BOD = 200 mg/l
SS = 250 mg/l
SANITARY SEWER
A sewer that conveys domestic wastewater, industrial waste or a combination of both, and into which stormwater, surface water and groundwater or unpolluted industrial wastewater are not intentionally passed.
SEPTAGE
Scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank, vault toilet or privy. This does not include the waste from a grease trap.
SEWER USE CHARGES
A charge levied on users to recover the component of total operation, maintenance and capital costs of the sewerage system that relates to sewage flow generated by users of the system. The sewer use charge shall consist of a volumetric charge in terms of dollars per thousand gallons ($/1,000 gallons) of domestic strength wastewater.
SEWERAGE SYSTEM (SEWER SYSTEM)
All facilities for collecting, transporting, pumping, treating and disposing of wastewater.
SLUG
Any discharge of water or wastewater which in concentration of any given concentration or in quantity of flow exceeds for any period longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
STANDARD METHODS
The examination and analytical procedures set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Federation.
STORM SEWER
A sewer which carries storm and surface drainage but excludes domestic wastewater and industrial wastes.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods."
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER
A person discharging domestic wastewater or industrial wastes into the collection system.
UTILITY
The Village Sewer Utility established by this article.[1]
WASTE
Any solid, liquid or gaseous material or combination thereof discharged from any residence, business building, institution and industrial establishment into the collection system or storm sewer.
WASTEWATER
A combination of the water-carried waste discharged into the collection system from residences, business building institutions and industrial establishments, together with such ground surface and storm water as may be present.
WASTEWATER PUMPING STATION
A pumping facility utilized to pump wastewater within the collection or interceptor sewer system.
WASTEWATER TREATMENT FACILITIES
Any utility-owned facilities, devices and structures used for receiving and treating wastewater.
WASTEWATER WORKS
All facilities for collecting, pumping, treating and disposing of domestic wastewater and industrial wastes.
WPDES PERMIT
A permit to discharge pollutants obtained under the Wisconsin Pollutant Discharge Elimination System (WPDES) pursuant to Ch. 283, Wis. Stats.
[1]
Editor’s Note: The former definition for “Village Engineer,” which immediately followed this definition, was repealed 8-9-2014 by Ord. No. 750.
A. 
Declaration of policy. The Village Board finds and declares that the public health, comfort and safety is preserved and enhanced by the provisions of the wastewater works in the promotion of a clean and healthful environment and that the failure to connect to the wastewater works is contrary to minimum health standards.
B. 
Connections.
(1) 
To assure preservation of public health, comfort and safety, the owner of any house, building or property used for human occupancy, employment, recreation or other habitations, situated within the Village and adjacent to a public sewer or in a block through which a public sewer extends, is hereby required at his or her expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within nine months after the public sewer first becomes operational or if an immediate health hazard exists within 30 days upon receipt of notice from the Health Officer or Plumbing Inspector.
(2) 
If a person fails to comply with the notice to connect within the given period of time the utility may, at its option:
(a) 
Cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such costs shall be assessed as a special tax lien against the property, unless the owner within 30 days after the completion of the work files a written option with the Village Clerk stating that he or she cannot pay such amount in one sum and asking that it be levied in not to exceed five equal annual installments and the amount shall be so collected with the interest at the rate of 8% per annum from the completion of the work, the unpaid balance to be a special tax lien; or
(b) 
Impose a standby charge for the period that such failure continues. After 10 days' written notice to any owner failing to make a connection to the sewer system, a charge in an amount equal to 150% of the connection charge shall be payable monthly for the period in which the failure to connect continues. Upon failure to make such payment, the charge shall be levied as a tax against the lot or parcel to which sewer service is available.
C. 
Alternative disposal prohibited.
(1) 
No person shall construct or maintain any privy, vault, septic tank, cesspool or other facility intended to use for the disposal of domestic wastewater if a public sewer is available.
(2) 
No person shall discharge to any natural outlet within the Village or in any area under the jurisdiction of the Village sewage or other polluted waters, except where suitable treatment has been provided in accordance with the subsequent provisions of this article.
D. 
Plumbers. No plumber, pipe fitter or other person will be permitted to do any plumbing or pipe fitting work in connection with the wastewater works without first receiving a license from the state.
E. 
Maintenance of service. All sewer services within the limits of the Village from the street main to the property line and including all controls between the same shall be maintained and repaired by the utility without expense to the property owner, except when they are damaged as a result of negligence or carelessness on the part of the property owner or occupant, in which case they will be repaired at the expense of the property owner. All building sewers from the point of maintenance by the utility and all facilities throughout the premises served shall be maintained free of defective conditions, by and at the expense of the owner or occupant of the property served.
F. 
Users.
(1) 
Application for service. Every person requesting connection to the wastewater works shall file an application in writing to the utility, in such form as is prescribed for that purpose. Blanks for such applications will be furnished at the office of the Clerk. The application must state fully and truly all the use which will be presently made. If any change in use from that set forth in this application is contemplated, the user must obtain further application and permission from the utility. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. The application may be for service to more than one building, or more than one unit of service through one service connection; and, in such case, charges shall be made accordingly. If it appears that the service applied for will not provide adequate service for the contemplated use, the utility may reject the application. If the utility approves the application, it shall issue a permit for services as shown on the application. All expenses relating to the connection to the wastewater works shall be paid by the applicant or owner.
(2) 
Tap permits. After sewer connections have been introduced into any building or upon any premises, no plumber shall make any alteration, extensions or attachments, unless the party ordered such tapping or other work shall obtain and exhibit the proper permit for the same from the utility.
(3) 
User to keep in repair. All users shall keep their own service pipes in good repair and protected from frost at their own risk and expense and shall prevent any unnecessary overburdening of the wastewater works.
(4) 
User use only. No user shall allow other persons to connect to, or permit other uses to be made of, the wastewater works through their lateral.
(5) 
User to permit inspection. Every user shall permit the utility or its duly authorized agent, at all reasonable hours of the day, to enter the premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate, and they must at all times, frankly and without concealment, answer all questions put to them relative to its use.
(6) 
Responsibility. No claim shall be made against the utility or its agents or employees by reason of the breaking, clogging, stoppage or freezing of any service pipe; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary by the utility, absent gross negligence of the utility, its agents or employees. The Village may cut off the service at any time for the purpose of repairs or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off the sewer service within any areas of the Village, the utility shall, if practicable, give notice to each effected user.
(7) 
Septage disposal.
[Added 6-20-2006 by Ord. No. 651]
(a) 
No person in the business of gathering and disposing of septage shall transfer septage into any disposal area unless a permit for disposal has been first obtained from the Village. Written application for this permit shall be made to the Village and shall state the name and address of the applicant, the number of disposal units, the make, model and license number of each unit and such other information as may be required by the Village. Permits shall be nontransferable. The permit may be obtained upon payment of all fees and charges as established by resolution of the Village Board. The time and place of disposal will be designated by the Village. The Village may impose such terms and conditions as it deems necessary on any permit granted. A permit may be revoked by the Village for violation of any such term or condition.
[Amended 9-5-2006 by Ord. No. 656]
(b) 
A person disposing of septage shall carry public liability insurance in an amount as established by the Village to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, of the person or any of the person's employees or agents. The person shall furnish a certificate certifying such insurance to be in force and effect.
(c) 
All septage disposed of into the sewerage system shall be of domestic origin, unless otherwise approved in writing by the Village, and the person agrees to comply with the provisions of any and all applicable ordinances of the Village and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids or other deleterious substances into the sewerage system nor allow any earth, sand or solid material to pass into any part of the sewerage system. Septage disposed of into the sewerage system may be periodically sampled and analyzed to determine the composition of the material.
(d) 
A person with a permit for disposing of septage into the sewerage system shall be charged and pay a volume charge and such other charges as established by resolution of the Village Board.
(e) 
A person disposing of septage shall indemnify and hold harmless the Village from any and all liability and claims for damages arising out of or resulting from work and services performed.
G. 
Excavations.[1]
(1) 
In making excavations in streets or highways for laying pipe or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public.
(2) 
No person shall leave any excavation made in any street or highway, open at any time without barricades, and during the night, warning lights must be maintained at such excavation.
(3) 
All services within the public right-of-way shall have their trenches backfilled with compacted sand and gravel unless the excavated material is approved by the Village, and this work, together with the replacing of sidewalks and paving, shall be done so as to make the street at least as good as before it was disturbed and satisfactory to the Village. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.
(4) 
All construction within the public right-of-way shall be performed according to the latest edition of "Standard Specifications for Sewer and Water Construction in Wisconsin."
[1]
Editor's Note: See also Ch. 147, Plumbing, § 147-8.
H. 
Laterals.
(1) 
All laterals on private property will be installed in accordance with Section Comm 82.04(4), Wis. Adm. Code, "Building Sewers," as from time to time amended.
(2) 
The building sewer shall be inspected by the Building Inspector or his/her designee upon completion of placement of the pipe and before backfilling and tested before and after backfilling.
[Amended 8-9-2014 by Ord. No. 750]
I. 
Tapping the mains.
(1) 
No persons, except those having special permission from the utility or persons in their service and approved by them, will be permitted, under any circumstances to tap the public sanitary sewers. The kind and size of the connection with the public sanitary sewers shall be specified in the permit or order from the utility.
(2) 
Pipes should always be tapped at the top and not within six inches (15 cm) of the joint or within 24 inches (60 cm) of another lateral connection.
(3) 
When any building sewer service is to be relaid and there are two or more buildings on such service, each building shall be disconnected from such service and a new building sewer shall be installed for each building.
A. 
General.
(1) 
It shall be the policy of the utility to establish sewer service charges in such amounts so as to obtain sufficient revenues to pay the following costs:
(a) 
Operation and maintenance, including contributions to a replacement fund;
(b) 
Debt service, including debt service reserves and bond coverage requirements.
(2) 
Those aspects of sewer service charges relating to operation, maintenance and replacement fund shall be in accord with any relevant and applicable requirements imposed by the Wisconsin Department of Natural Resource or by federal law.
(3) 
The utility may establish sewer service charges, as set by resolution of the Village Board, including sewer use charges, connection charges, surcharges for high-strength wastes, ready-to-serve charges, reserve capacity assessments, septage charges and other charges as deemed necessary by the Village Board so as to assure that each user of the sewerage system pays its proportionate share of the cost of such facilities.
[Amended 6-20-2006 by Ord. No. 651]
(4) 
A review of the sewer service charge system shall be conducted on an annual basis. This review shall include an analysis of the total costs of the system and of wastewater contribution of users and user classes. Sewer service charges shall be recomputed as necessary to ensure a proportional allocation of costs among users.
B. 
Sewer use charge.
(1) 
A sewer use charge is hereby imposed upon all users of the sewer system. The sewer use charge will recover the component of total operation, maintenance and capital costs of the sewerage system that relates to sewage flow attributable to users of the system. The sewer use charge shall be based upon the cost of treating flow, BOD, suspended solids and phosphorus at the strength of domestic wastewater. The sewer use charge shall consist of a volumetric charge in terms of dollars per thousand gallons ($/1,000 gallons). The basis for billing sewer use charges shall be metered water usage.
(2) 
If any user of the sewer system procures any part or all of his water from sources other than the Village water utility, the user shall furnish, install and maintain at his or her expense water meters of a type approved by the water utility for the purpose of determining the volume of sewage discharged to the sewer system as described in § 159-16.
(3) 
Any refrigeration, air-conditioning system or industrial cooling water not entering the sewer system shall be excluded in computing the sewer use charge.[1]
[Amended 6-16-2009 by Ord. No. 695]
[1]
Editor's Note: Former Subsection B(4), concerning basis of charge for residential users during the quarter ending September 30, which immediately followed this subsection, was repealed 6-16-2009 by Ord. No. 695.
C. 
Connection charge. A connection charge is hereby imposed upon each user connected to the sewerage system. The connection charge shall recover costs related to wastewater treatment flow not directly attributable to users (infiltration/inflow) and customer costs (including accounting and billing). The connection charge shall be levied to each lateral connection to the sewerage system and will consist of a flat fee per connection.
D. 
Surcharges for high strength wastewater. A surcharge shall be levied on all users of the system who discharge wastes which have concentrations of BOD, suspended solids or phosphorous greater than domestic wastewater. The surcharge shall apply to any additional loadings over and above that which wastes at strength equal to domestic wastewater would generate. The volume of flow used for computing waste surcharges shall be the metered water consumption or the actual volume of waste as determined by a sampling and metering manhole of a discharge monitoring station. The amount of surcharge shall reflect the cost incurred by the utility in removing BOD, suspended solids and phosphorus. The surcharge in a given period shall be computed on the basis of the following formulas:
[Amended 3-6-2018 by Ord. No. 784]
Surcharge B = [B-200)* .00834 *Vu] * Bc.
Surcharge S = [(S-250)* .00834 * Vu] * Sc.
Surcharge P = [(P-6)* .00834 * Vu] * Pc.
Where:
Surcharge B = Surcharge for BOD
Surcharge S = Surcharge for suspended solids
Surcharge P = Surcharge for phosphorus
Bc = Costs for treatment of a unit (lb.) of biochemical oxygen demand (BOD)
B = Concentration of BOD (mg/l)
Sc = Costs for treatment of a unit (lb.) of suspended solids
S = Concentration of suspended solids (mg/l)
Pc = Costs for treatment of a unit (lb.) of phosphorus
P = Concentration of suspended solids (mg/l)
Vu = Billable flow volume in thousands of gallons
E. 
Ready-to-serve charge. A ready-to-serve charge shall be imposed on each premises to which sewer service has been made available by the utility and a connection to the system for service has not been made. The ready-to-serve charge shall be equal to 90% of the rate provided by § 159-9C. Any ready-to-serve charge becoming effective during a given year shall be charged on a pro rata basis for that year in which such charge becomes effective. As provided by § 159-8B, connection shall be made to the sewer system within nine months, after the nine-month period the standby charge provided by § 159-8B shall apply.
F. 
Reserve capacity assessments.
(1) 
A reserve capacity assessment shall be collected by the Village from all new connections to the sewerage system or existing wastewater connections which have a change in operations or activity resulting in the utilization of additional sewerage system capacity.
(2) 
The reserve capacity assessment shall be established at $1,600 per residential equivalent connection (REC). The reserve capacity assessment may be reestablished as necessary to ensure that new customers pay a proportionate share of the capital costs of providing sewer service.
[Amended 1-20-2004 by Ord. No. 609]
(3) 
[2] Residential properties shall be assigned reserve capacity assessment based upon the following schedule:
Residential Users
REC
Condominium
1.00
Single-family home
1.00
Duplex
2.00
Multiple-family (2 bedrooms or more)
1.00/unit
Multiple-family (1 bedroom or less)
0.75/unit
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The Village Engineer shall estimate the number of residential equivalent units for all customers other than residential customers. Special charges may be assigned to large commercial or industrial customers.
(a) 
The Village Engineer may request information from the property owner relating to intended use of the property or estimated water and sewer usage.
(b) 
Based on information available, the Village Engineer shall estimate the number of residential equivalent units for each new nonresidential connection. Based upon the estimated number of residential equivalent units, the Village shall impose a sewer availability charge. All REC calculations shall be rounded up to the nearest one half (.5) REC. A minimum fee based upon 1 REC shall be established for all nonresidential connections.
(c) 
Since the charge determined under Subsection F(4)(b) above is based upon estimated intended usage, the Village shall have the right to recalculate the charge based upon actual usage for a twelve-month period. At any time after the initial connection of a nonresidential property, the Village may review the account history of the property to determine the highest actual recorded usage in a twelve-month period.
(d) 
Based upon the information obtained under Subsection F(4)(c), the Village shall recalculate the number of residential equivalent connections and may recalculate the charge pursuant to Subsection F(4)(b). If the recalculated charge exceeds that of the original charge, the difference between the recalculated charge and the amount paid for the original charge shall become due and payable at the time the adjustment is made. There will be no refund notwithstanding the result of the recalculation.
(5) 
Each existing property connected to the sewerage system that has a change in operations or activity which results in the utilization of additional sewerage system capacity will be evaluated, on a case-by-case basis, to determine the imposition of a reserve capacity assessment. The charge shall be based upon the estimated annual usage for the sewer customer operating on the premises reduced by a credit for sewer system capital charges paid through prior reserve capacity assessments. The following methodology shall be incorporated into a determination of reserve capacity assessments for properties previously connected to the sewerage system where a change in operations or activity takes place.
(a) 
An estimate shall be made of projected future annual usage, in terms of RECs, for the customers utilizing the subject property as in Subsection F(4)(b) above.
(b) 
The Village shall determine if a previous reserve capacity assessment has been imposed on the property. If a prior charge has been paid, the number of RECs determined in Subsection F(5)(a) should be reduced by the total number of RECs for which the previous charge was based. The net number of incremental RECs shall be the basis for the reserve capacity assessment computation.
(6) 
Sewer availability charges calculated and due pursuant to this section shall be collected by the Village prior to issuance of a building permit or a plumbing permit.
(7) 
All charges collected pursuant to this section shall be deposited in an appropriate segregated fund. The charges collected pursuant to this section shall be restricted to use solely and exclusively for financing directly or as a pledge against bonds, revenue certificates and other obligations of indebtedness related to capital improvements of the sewer system. Interest earned by the fund shall be credited to the fund and shall be used solely for the purposes specified for the fund.
G. 
Septage charge.
(1) 
Charges shall be imposed for septage treatment and disposal. Charges for septage discharges shall be based on flow, BOD, suspended solids and phosphorus and such other constituents that affect the cost of treatment and disposal. The volume of flow used for computing the septage charge will be the volume of septage discharged. All persons discharging septage that has concentrations greater than domestic wastewater, as defined in § 159-7 of this article, shall be subject to a surcharge. The amount of surcharge shall reflect the cost incurred by the Village for removing BOD, TSS and other pertinent constituents. The surcharge shall be computed in the same manner as described in Subsection D of this section.
(2) 
The following waste-strength parameters shall serve as the basis for computing the surcharge to be applied, unless the septage discharge is sampled and analyzed.
Septic Tank
Holding Tank
BOD
5,500 mg/l
675 mg/l
Suspended Solids
11,000 mg/l
575 mg/l
Phosphorus
150 mg/l
20 mg/l
(3) 
All costs associated with administering the discharge of septage to the WTF, sample collection laboratory analysis and billing will be paid by the septage hauler.
H. 
Special rates. The approving authority may, at any time hereafter, set special rates for any large commercial service, industrial use or any other unique user that does not readily fit into other categories of users. Any user discharging any toxic pollutants, wastewater or other wastes to the sewerage system shall pay for the increased operation, maintenance and replacement costs caused by their discharge.
A. 
Budget to be prepared. On an annual basis, the Village Administrator shall prepare a sewer system utility budget. The budgeted expenditures shall be incorporated into the rate review per 159-9A(4). The budgeted revenues shall be sufficient to cover projected operation, maintenance, replacement and debt service costs of the sewerage utility.
B. 
Billings. Sewer service charges may be billed quarterly and shall be payable at the Village Administrator's office or at any other officially designated location. Statements for such charges and assessments levied and assessed in accordance with this article shall become due and payable within 30 days from and after the date of the statement. If any such statement or statements are not paid when due, a penalty of 10% will be added thereto. The property owner is held responsible for all sewer bills on premises that he owns. All sewer bills and notices of any nature, relative to the sewer service, will be addressed to the owner and/or occupant and delivered to the addressee by first class mail.
C. 
Failure to receive bill; no penalty exemption. All reasonable care will be exercised in the proper delivery of sewer bills. Failure to receive a sewer bill, however, shall not relieve any person of the responsibility for payment of sewer rates within the prescribed period, nor exempt any person from any penalty imposed for delinquency in the payment thereof.
D. 
Delinquent bills. On October 15 in each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which service has been furnished prior to October 1 and payment for which is owing and in arrears at the time of giving such notice. The utility shall furnish the Village Treasurer with a list of all such lots or parcels of real estate, and the notice shall be given to the Treasurer. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such utility; that unless the same is paid by November 1, a penalty of 10% of the amount of such arrears will be added thereto; and that unless such arrears and penalty are paid by November 15, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent as above specified. Such notice may be served by delivery to either such owner or occupant personally or by letter addressed to such owner or occupant at the post office address of such lot or parcel of real estate. On November 16, the Treasurer issuing the notice shall certify and file with the Village Administrator a list of all lots or parcels of real estate, giving the legal description thereof and the amount of unpaid arrears and penalty. Each such delinquent amount, including such penalty shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent, and the Village Administrator shall insert the same as a tax against such lot or parcel of real estate. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to such tax if the same is not paid within the time required by law for payment of taxes upon real estate.
A. 
Income and revenues derived by the sewer system utility shall be placed in an account which is separate and distinct from the Village general fund.
B. 
A replacement reserve fund shall be maintained with the purpose of providing for the replacement of mechanical equipment in order to maintain the capacity and performance for which the sewer system facilities were designed. Other segregated funds (e.g., debt reserve fund) may be established and maintained as necessary.
A. 
No person shall discharge or cause to be discharged any stormwater, groundwater, surface water, clear water or any other unpolluted water (including roof runoff, yard drainage, yard fountain, swimming pool or pond overflow) into the collection system. Clear water or unpolluted water shall only be discharged to storm sewers or to a natural outlet approved by the Village Engineer. In addition:
[Amended 11-5-2013 by Ord. No. 741]
(1) 
In the event that the Village determines that clear water is infiltrating into the collection system through a connection to a foundation drain, defective lateral, or other source located between the property line and a building, the Village shall give written notice to the property owner of the infiltration and the corrective measures that must be taken by the property owner. Corrective measures may consist of installation of a sump crock to be connected to the Village stormwater system, repair or replacement of a defective lateral, or other measures as approved by the Village Engineer. Approved corrective measures shall be completed within one year of receipt of the notice. Failure to comply shall constitute a violation of this subsection and shall be subject to the penalties set forth in § 159-22.
B. 
No person shall discharge or cause to be discharged to the collection system either directly or indirectly any of the following described wastes or wastewater:
(1) 
Any liquid having a temperature higher than 150º F. (65º C.).
(2) 
Any wax, grease, oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between 32º to 150º F. (0º to 65º C.).
(3) 
Any solids, liquids or gases which by themselves or by interaction with other substances may cause fire, explosion, hazards, create toxic fumes or in any other way be injurious to persons or property involved in the operation or maintenance of the wastewater works.
(4) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the wastewater works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(5) 
Any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely in suspension in the municipal sewers (100% passing one-half-inch screen, 90% passing one-fourth-inch screen).
(6) 
Any noxious or malodorous substance which, either singly or by interaction with other substances, is capable of causing odors objectionable to persons of ordinary sensitivity.
(7) 
Any wastes or wastewater having a pH lower than 5.5 or higher than 9.0 or having any corrosive property capable of causing damage or hazards to the wastewater works or personnel.
(8) 
Any wastes or wastewater of such character and quality that unusual attention or expense is required to handle them in the wastewater works.
(9) 
Any wastewater or wastes containing a toxic or poisonous substance such as plating or heat-treating wastes in sufficient quantity to injure or interfere with wastewater treatment process, to constitute a hazard to humans or animals, to create any hazard in the wastewater treatment works, or which would cause the utility wastewater treatment facilities to discharge any of the following pollutants in quantities in excess of the limitations established in the Wisconsin Administrative Code or WPDES permit: cyanide, hexavalent, chromium, trivalent chromium, copper, nickel, cadmium, zinc, phenols, iron and tin.
(10) 
Any radioactive wastes greater than the allowable releases as specified by current United States Bureau of Standards Handbooks dealing with the handling and release of radioactivity.
(11) 
Free or emulsified oil and grease exceeding on analysis an average of 100 mg/l of either or both or combinations of free or emulsified oil and grease, if in the opinion of the Village Engineer, it appears probable that such wastes or wastewater:
(a) 
Can deposit grease or oil in the collection system in such manner to cause it to clog.
(b) 
Are not amenable to bacterial action and will therefore pass to the receiving waters without being affected by normal wastewater treatment processes.
(c) 
Can have deleterious effects on the wastewater treatment process due to the excessive quantities.
(12) 
Any cyanides or cyanogen compounds capable of liberating hydrocyanic gas or acidification in excess of 0.5 mg/l by weight as cyanide in the wastes.
(13) 
Wastes or wastewater which:
(a) 
Cause unusual concentrations of solids or composition; for example, in total suspended solids of inert nature, such as fuller's earth and/or in total dissolved solids, such as sodium chloride or sodium sulfate.
(b) 
Cause excessive discoloration in the wastewater treatment facilities discharge.
(c) 
Has BOD in excess of 500 mg/l based upon a twenty-four-hour composite sample.
[Amended 3-6-2018 by Ord. No. 784]
(d) 
Has a total BOD or suspended solids loading in excess of the wastewater discharge permit described in § 159-18.
(e) 
Is discharged without application for the wastewater discharge permit or contractual agreement as required in § 159.18.
(f) 
Cause damage to the collection system or impair the treatment process.
C. 
No person shall allow the discharge of slugs of water or wastes to the collection system which may be harmful to the operation of the wastewater works. Where, in the opinion of the Village Engineer, slugging does occur, each person producing such a discharge into the collection system shall construct and maintain at his own expense, a storage reservoir of sufficient capacity with flow control equipment to ensure an equalized discharge over a twenty-four-hour period.
D. 
No person shall discharge any waste or wastewater which would cause the wastewater treatment facilities to be in violation of any of the requirements of their WPDES permit.
E. 
No person shall connect to and discharge to the collection system, unless there is capacity available in all downstream components of the wastewater works as determined by the Wastewater Utility Superintendent.
[Amended 8-9-2014 by Ord. No. 750]
[Amended 8-9-2014 by Ord. No. 750]
Any person who accidentally discharges wastes or wastewater prohibited under § 159.12 into the wastewater works or storm sewer shall immediately report such discharge to the Wastewater Utility Superintendent.
A. 
The approving authority may require pretreatment facilities of any person discharging or planning to discharge industrial waste, if the waste or wastewater:
(1) 
Could cause damage to the collection system.
(2) 
Impair the treatment process.
(3) 
Cause the utility to incur treatment costs exceeding those of domestic wastewater.
(4) 
Have any of the characteristics of the prohibited discharges described in § 159.12.
(5) 
Cause the wastewater treatment facilities to exceed its total design loading for volume, BOD, suspended solids or any pollutant.
(6) 
Cause a particular industry to exceed its design allocation for volume, BOD, suspended solids or any other pollutant.
B. 
Construction, operation and maintenance of pretreatment facilities shall be at the expense of the person discharging the industrial waste.
C. 
Plans, specifications and any other pertinent information relating to proposed pretreatment facilities shall be submitted for review to the Wastewater Utility Superintendent for approval prior to the start of construction.
[Amended 8-9-2014 by Ord. No. 750]
D. 
In accordance with Chapter NR 114, Wis. Adm. Code, all pretreatment facilities shall be operated by qualified personnel holding a license of the proper class issued by the Wisconsin Department of Natural Resources.
Grease, oil and sand interceptors shall be provided at repair garages, gasoline stations, car washes and other industrial or commercial establishments for the proper handling of liquid wastes containing grease in excessive amounts, oil, flammable wastes, sand and other harmful ingredients. All interceptors shall be constructed in accordance with the Wisconsin Plumbing Code and shall be located as to be readily and easily accessible for easy cleaning and inspection. All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuous, efficient operation at all times.
A. 
The water consumption, as determined from the meter records of the Village water utility, shall be the basis for computing the wastewater flows, unless:
(1) 
The water is contained in a product or is evaporated or is discharged as unpolluted water or waste to surface drainage. In such cases, an application may be made for a reduction in the volume of wastewater discharged to the collection system, provided that supporting data, satisfactory to the Wastewater Utility Superintendent, is furnished. This data shall include a flow diagram, destination of water and/or wastewater, supported by submetering data, installed on such process piping at the expense of the user.
[Amended 8-9-2014 by Ord. No. 750]
(2) 
The water is condensed from a product, so that the quantity of wastewater is increased over the amount of water being metered. In such cases, the increased flow shall be metered in a manner which is acceptable to the Wastewater Utility Superintendent and added to the flow obtained from the water meter reading.
[Amended 8-9-2014 by Ord. No. 750]
(3) 
The quantity of water used during the third billing quarter at any single-family or duplex dwelling units producing domestic wastewater and having a lawn in connection therewith shall exceed the quantity of water used during the second billing quarter of the calendar year. In such cases, the meter reading for the second billing quarter shall be used in determining the wastewater flow for such third billing quarter, provided that this section shall not be applied to any premises where the water service was disconnected at any time during the second billing quarter. The second billing quarter shall be defined as the months of April, May and June.
(4) 
When water for sprinkling lawns or filling swimming pools is metered separately, no user charge will be made. All such metering shall be at the user's expense.
(5) 
In the case of any lot, parcel of land, building or premises discharging domestic wastewater or industrial waste into the collection system, which is supplied in whole or in part with water not obtained from the water utility, the owner or occupant of such property shall cause to be installed necessary metering equipment as approved by the Wastewater Utility Superintendent to measure the quantity of water pumped or discharged to the collection system. The user charge shall be based on the quantity of water so measured. Whenever the person fails to install such metering equipment, or where it is not practicable to measure the water consumed on any premises by a meter or meters, the Wastewater Utility Superintendent shall determine the estimated volume of water discharged into the wastewater works.
[Amended 8-9-2014 by Ord. No. 750]
B. 
The Wastewater Utility Superintendent may require the installation of devices for metering the volume of waste discharged if those volumes cannot otherwise be determined for metered water consumption records of if the user discharges over 10,000 gallons on any day. The metering devices shall be owned and maintained by the person and may not be removed without consent of the Wastewater Utility Superintendent.
[Amended 8-9-2014 by Ord. No. 750]
A. 
All persons discharging industrial wastes into the sewer system shall construct and maintain monitoring manholes in suitable and accessible locations on public property or easement to facilitate the observation, measurement and sampling of all of their wastes or wastewater. These manholes shall be located and constructed in a manner approved by the Wastewater Utility Superintendent prior to construction.
[Amended 8-9-2014 by Ord. No. 750]
B. 
The utility or its designee will monitor flow, collect samples and perform laboratory tests on industrial waste discharges as necessary to verify the quantity of flow and/or character and concentration of an industrial waste. The utility test results shall be used to determine the applicable surcharge.
C. 
Waste and wastewater sampling may be done manually or by the use of mechanical equipment as necessary to obtain a representative twenty-four-hour composite sample. Samples shall be taken at intervals to be established by contractual agreement under § 159.18 or at intervals as determined by the Wastewater Utility Superintendent.
[Amended 8-9-2014 by Ord. No. 750]
D. 
All costs for such sampling may be charged directly to the owner of the premises from which the sampled discharge is generated.
E. 
When Chapter NR 101 or NR 202, Wis. Adm. Code, requires the submittal of the character and concentration of wastes, waste volume and production information to the utility or Wisconsin Department of Natural Resources (DNR), the user shall have the waste character and concentration determined by a DNR certified testing laboratory. A copy of the test results and DNR reports shall be submitted to the Operations Manager and the Utility Director.
F. 
All measurements and test analysis of the characteristics of industrial wastes shall be determined in accordance with "Standard Methods."
A. 
Wastewater discharge permits. A wastewater discharge permit is required under this section if a discharge into the utility wastewater works has any of the following characteristics:
(1) 
A BOD greater than 200 mg/l.
(2) 
A suspended solids concentration greater than 250 mg/l.
(3) 
A volume of 10,000 gallons per day or greater is discharged by any user at one or more points of discharge.
(4) 
Any of the characteristics listed under § 159.12, Prohibited discharges.
B. 
Any such persons planning to discharge, change the characteristics of their discharge or whose discharge permit has expired shall make application to the Wastewater Utility Superintendent within 60 days prior to the discharge. All persons currently discharging shall make application to the Wastewater Utility Superintendent within 60 days after passage of this article and shall have an executed permit within 60 days of application to discharge or discontinue discharging. A discharge permit will be required for each separate point of discharge into the utility wastewater works. No persons shall discharge waste or wastewater into the utility wastewater works without a wastewater discharge permit, if required by this section.
[Amended 8-9-2014 by Ord. No. 750]
C. 
Permit applications. Users seeking a wastewater discharge permit shall complete and file with the Wastewater Utility Superintendent an application on the form prescribed by the Wastewater Utility Superintendent. In support of this application, the user shall submit the following information:
[Amended 8-9-2014 by Ord. No. 750]
(1) 
Name, address and standard industrial classification number of applicant.
(2) 
Average daily volume of wastewater to be discharged.
(3) 
Wastewater constituents and characteristics as determined by a method approved by the Wastewater Utility Superintendent.
(4) 
Time and duration of discharge.
(5) 
Average and peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.
(7) 
Description of activities, facilities and plant process on the premises, including all materials and types of materials which are or could be discharged.
(8) 
Each product produced by type, amount and rate of production.
(9) 
Number and type of employees and hours of work.
(10) 
Any other information as may be deemed by the Wastewater Utility Superintendent to be necessary to evaluate the permit application.
D. 
The Wastewater Utility Superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Wastewater Utility Superintendent may issue a wastewater discharge permit subject to terms and conditions provided herein.
[Amended 8-9-2014 by Ord. No. 750]
E. 
Permit conditions. Wastewater discharges permits shall be expressly subject to all provisions of this article and all other regulations, user charges and fees established by the approving authority. The conditions of wastewater discharge permits shall be uniformly enforced by the Wastewater Utility Superintendent in accordance with this article and applicable state and federal regulations. Permit conditions will include the following:
[Amended 8-9-2014 by Ord. No. 750]
(1) 
The average and maximum wastewater constituents and characteristics.
(2) 
Limits on rate and time of discharge or requirements for flow regulations and equalization.
(3) 
Requirements for installation of monitoring manholes.
(4) 
Pretreatment requirements.
(5) 
Requirements for maintaining plant records relating to wastewater discharge as specified by the Wastewater Utility Superintendent, and affording the Village access thereto.
(6) 
Average and maximum pollutant concentrations and total daily average and maximum pollutant discharges for all pollutants subject to limitations and prohibitions which are present in the user's wastewater discharge.
(7) 
Other conditions as deemed appropriate by the Wastewater Utility Superintendent to ensure compliance with this article.
F. 
Duration of permits.
[Amended 8-9-2014 by Ord. No. 750]
(1) 
A permit shall be issued for one year and shall be automatically renewed on a year-to-year basis, thereafter, unless the person is notified by the Wastewater Utility Superintendent within 60 days prior to the expiration of the permit or any renewal thereof.
(2) 
After such notification by the Wastewater Utility Superintendent, the permit shall expire on the end of that year. The terms and conditions of the permit shall be subject to modification and change by the Wastewater Utility Superintendent during the life of the permit, if so required because of any ordinances, statutes or rules and regulations of the approving authority or any applicable state or federal body. The person shall be informed of any proposed changes in his permit at least 60 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
G. 
Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
H. 
Revocation of permits. Any user who violates any of the conditions of his permit contractual agreement or this article or of applicable state and federal regulations is subject to having his permit revoked.
The Village shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing, in accordance with provisions of this article.
When requested by the user furnishing a report or permit application or questionnaire, the portions of the report or other document, which might disclose trade secrets or secret processes shall not be made available for use by the Village or any state agency in judicial review or enforcement proceeding involving the person furnishing the report.
The Village shall operate the sewer utility and enforce this article in accordance with Section NR 162.11 Wis. Adm. Code. The main items included in Section NR 162.11 are as follows:
A. 
The Village shall maintain a proportionate distribution of operation and maintenance costs among users and user classes.
B. 
The Village shall generate sufficient revenues to pay total operation, maintenance, replacement costs and debt service.
C. 
The Village shall apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
D. 
All user charges specifically collected for replacement shall be deposited in a separate and distinct fund which shall be used exclusively for replacement.
E. 
Users discharging toxic pollutants shall pay for any increased operation, maintenance and replacement costs caused by the toxic pollutants.
F. 
Users shall be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
G. 
This article shall take precedence over any terms or conditions of agreement or contracts between the Village and users which are inconsistent with the requirements of NR 162.11.
A. 
Any person who fails to comply with any of the provisions of this article or with an order of the approving authority issued in presence of this article or shall tamper with metering or sampling shall be liable to the Village for any expense, loss or damage occasioned by such violation, including reasonable attorney's fees and other expenses of litigation and, upon conviction of any violation of this article, shall be subject to a forfeiture not less than $100 nor more than $2,500 per violation, plus damages. Each day a condition is allowed to exist which is contrary to all or any part of this article shall constitute a new violation. Change of ownership or occupancy of premises delinquent under the provisions of this article shall not be cause for reducing or eliminating charges due and penalties for violations.
B. 
If any user shall discharge a waste or wastewater with a BOD concentration of 900 mg/l or greater, as defined in § 159-9B(13)(c), the user shall pay a penalty of not less than $200 per violation. Each day a violation occurs shall constitute a separate violation. The penalty shall be added to the monthly or quarterly billing statement.
C. 
In addition to the court proceedings and penalties described in the foregoing sections of this article, whenever a person violates any provision of this article or fails to comply with any order of the approving authority, the approving authority may order that an action be commenced on behalf of the utility in the Circuit Court for Ozaukee County for the purpose of obtaining an injunction restraining the person violating this article of failing to comply with the order, from making any further discharges into the wastewater works of the Village.
[Amended 6-20-2006 by Ord. No. 651; 9-5-2006 by Ord. No. 656]
A. 
A sewer system user or person disposing of septage may appeal a decision made by the Village to the Utility Committee. A written appeal request shall be submitted to the Village Administrator within seven days of receipt of the written decision appealed from. In the event of an appeal, the Utility Committee shall set a time and place for hearing thereof and give to the appellant at least 10 days' notice of the hearing by mail or personal delivery. The Utility Committee shall make a decision within 30 days of receipt of an appeal.
B. 
In the event a licensed septage disposer disputes a septage disposal fee charged by the utility, the licensed disposer shall contact the Village Administrator with its written request for a review of the disputed fee. The Village Administrator shall then put the item of the next month's Utility Committee agenda to review the disputed fee and make a determination whether such fee is reasonable.
The Village of Saukville, through its duly qualified governing body, may amend this article in part or in whole whenever it may deem necessary.