[HISTORY: Adopted by the Village Board of
the Village of Saukville as indicated in article histories. Amendments
noted where applicable.]
[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; 3-7-2023 by Ord. No. 825]
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 stormwater shall be disposed of in such a manner
as will not constitute a public nuisance as defined herein.
E.
Illicit discharges and connections to the storm sewer system.
(1)
No person shall dump or dispose of materials other than stormwater
into the municipal separate storm sewer system. The accidental discharge
of substances other than stormwater into the municipal separate storm
sewer or water of the state in the Village shall immediately be reported
to the Village Department of Public Works, Village Police Department
or Wisconsin Department of Natural Resources.
(2)
No person shall discharge polluted stormwater from industrial activity
into the municipal separate storm sewer system.
(3)
In the event that the Village of Saukville municipal separate storm
sewer system is connected to another municipal separate storm sewer
system, an appropriate intermunicipal agreement shall be created to
control the contribution of pollutants from one system to another.
(4)
The Village of Saukville shall carry out inspections, surveillance,
and monitoring procedures to detect illicit discharges into the municipal
separate storm sewer system.
(5)
Whenever the Village of Saukville finds that a person (or entity)
has violated or failed to meet a requirement of this section, the
Village may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
(a)
The performance of monitoring, analyses, and reporting:
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The immediate abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
and
(e)
The implementation of source control or stormwater best management
practices. If abatement of a violation and/or restoration of affected
property is required, the notice shall set forth a deadline within
which such remediation or restoration must be completed within 72
hours of notification. Said notice shall further advise that should
the violator fail to remediate or restore within the established deadline,
the work will be done by a designated governmental agency or a contractor
and the expense thereof shall be charged to the violator.
(6)
No person shall discharge, spill or otherwise deposit substances
or materials which are not entirely composed of stormwater onto driveways,
sidewalks, parking lots or other impervious or pervious areas that
drain into the streams and watercourses within the village.
(7)
The following discharges are exempt from the provisions of this article:
(a)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources;
(b)
Discharges resulting from firefighting activities;
(c)
Discharges from uncontaminated groundwater, portable water sources,
roof drains, foundation drains and foundation drain sump pump discharges,
air-conditioning condensation, lawn watering, watering main and hydrant
flushing and swimming pools, if the pool water has been dechlorinated;
(d)
Discharges from individual automobile washing by automobile
owners not involving any commercially zoned site;
(e)
Agricultural activities if such activities are done in a manner
consistent with good soil and water conservation practices;
(f)
Facility maintenance activities undertaken by any federal, state,
county or municipal agency if facility maintenance is done in accordance
to all applicable construction erosion control measures.
F.
FINANCIAL HARDSHIP
ILLICIT CONNECTIONS
(1)
(2)
ILLICIT DISCHARGE
PUBLIC NUISANCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
An illicit connections is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, processed wastewater, and wash water,
to enter the storm drain system and any connections to the storm drainage
system from indoor drains and sinks, provided that said drain or connection
had not been previously allowed, permitted, or approved in writing
by the Village of Saukville; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drainage system which has not been documented
in plans, maps, or equivalent records and approved by the Village
of Saukville.
Any direct or indirect nonstormwater discharge to the storm drainage system, except as exempted in § 159-12 of this article. This includes, but is not limited to, activities related to spills, dumping and disposal of any substance or material.
The discharge of any clear water or stormwater 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:
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.
The Village Board or its authorized deputy, agent or representative.
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."
A sewer which carries only sewage and industrial wastes from
the building to the public sanitary sewer.
The system of sewers and appurtenances for the collection,
transportation and pumping of domestic wastewater and industrial waste.
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).
All annual principal and interest requirements and obligations
of the Village for the wastewater works.
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]
A sample consisting of portions of waste taken in proportion
to the volume of flow of the wastes.
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.
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.
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.
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.
A manhole constructed for the purpose of monitoring the discharge
of industrial waste from a single user.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
Sanitary sewage in which BOD, suspended solids or phosphorous
concentrations do not exceed normal concentrations of:
[Amended 3-6-2018 by Ord.
No. 784]
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:
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.
Electrical power.
Chemicals, fuel and other operating supplies.
Repairs to and maintenance of the equipment
associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against
liability for the injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for
trucks and heavy equipment.
Consultant and legal fees.
Replacement.
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.
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."
A sewer in which all owners of abutting properties have equal
rights, and is controlled or owned by the public authority.
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.
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
|
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.
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.
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.
All facilities for collecting, transporting, pumping, treating
and disposing of wastewater.
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.
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.
A sewer which carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
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."
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.
A person discharging domestic wastewater or industrial wastes
into the collection system.
The Village Sewer Utility established by this article.[1]
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.
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.
A pumping facility utilized to pump wastewater within the
collection or interceptor sewer system.
Any utility-owned facilities, devices and structures used
for receiving and treating wastewater.
All facilities for collecting, pumping, treating and disposing
of domestic wastewater and industrial wastes.
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."
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:
(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
|
(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:
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.
