[HISTORY: Adopted by the Town Board of the Town of Trenton as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-1989 as Title 6, Ch. 3 of the 1989 Code]
The purpose of this article is to regulate the installation, use and maintenance of holding tanks as private sewage systems within the Town of Trenton. The installation, use and maintenance of holding tanks shall be permitted only under the terms and conditions set forth herein. The Town of Trenton deems it necessary to have a holding tank ordinance as an acceptable measure for the replacement of an existing inadequate sanitary facility presently in use or for a new facility that was unable to obtain an on-site soil absorption system for domestic sewage.
The installation, use and maintenance of holding tanks shall comply with Ch. Comm 81, Wis. Adm. Code, Chapter 350, Subdivision of Land, and Chapter 380, Zoning, of this Code, the Town's Comprehensive Plan and the county's subdivision regulations and land use plans, and in the event of a conflict the stricter provision shall apply.
[Adopted 11-7-1989 as Title 5, Ch. 2 of the 1989 Code]
The following definitions are applicable to this article:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter. Quantitative determination of BOD shall be made in accordance with procedures set forth in Standard Methods.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal beginning outside the inner face of the building wall.
- The residue from the preparation, cooking and dispensing of food and from the handling, storage and sale of food products and produce.
- INDUSTRIAL WASTE
- The wastewater from industrial process, trade or business, as distinct from sanitary sewage, including cooling water and the discharge from sewage pretreatment facilities.
- NORMAL DOMESTIC STRENGTH WASTEWATER
- Concentrations of BOD no greater than 160 milligrams per liter, suspended solids no greater than 330 milligrams per liter, phosphorus no greater than 11 milligrams per liter, and nitrogen no greater than 18 milligrams per liter.
- OPERATION AND MAINTENANCE COSTS
- Includes all costs, direct and indirect, not including debt service, but inclusive of expenditures attributable to administration, replacement of equipment and treatment and collection of wastewaters necessary to ensure adequate wastewater collection and treatment on a continuing basis which conform to applicable regulations and assure optimal long-term facility management.
- Any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
- The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of the hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of seven and hydrogen-ion concentration of 10-7.
- REPLACEMENT COSTS
- The expenditures for obtaining and installing equipment, accessories or appurtenances necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance costs," as outlined in Appendix B, Table 2, incorporated by reference and on file with the Wallace Lake Sanitary District, includes replacement costs.
- SANITARY SEWER
- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of groundwater, stormwater and surface water that are not admitted intentionally.
- SEWER SERVICE CHARGE
- Includes debt service and cost of operation, maintenance and replacement.
- Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and shall adversely affect the system and/or performance of the wastewater treatment works.
- STANDARD METHODS
- The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage and Industrial Wastes, published jointly by the American Public Health Association, the American Water Works Association and the Federation of Sewage and Industrial Wastes Associations.
- STORM DRAIN (sometimes termed "storm sewer")
- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
- SUSPENDED SOLIDS
- Solids that either float on the surface of, or are in suspension in, water, wastewater or other liquids and that are removable by laboratory filtering as prescribed in Standard Methods for Examination of Water and Wastewater and are referred to as "nonfilterable residue."
- USER CHARGE SYSTEM
- The system of charges levied on users for the cost of operation and maintenance, including replacement requirements on new and old wastewater collection and treatment facilities.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment."
- A natural or artificial channel for the passage of water, either continuously or intermittently.
- WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT
- A document issued by the Wisconsin State Department of Natural Resources which establishes effluent limitations and monitoring requirements for the municipal wastewater treatment facility.
Management. The management, operation and control of the sewer system for the Wallace Lake Sanitary District is vested in the Commissioners of said Wallace Lake Sanitary District; all records, minutes and all written proceedings thereof shall be kept by the Secretary of the Wallace Lake Sanitary District; the Business Manager of the Wallace Lake Sanitary District shall keep all the financial records.
Construction. The Sewer Utility of the Wallace Lake Sanitary District shall have the power to construct sewer lines for public use and shall have the power to lay sewer pipes in and through the alleys, streets and public grounds of said District and generally to do all such work as may be found necessary or convenient in the management of the sewer system. The Wallace Lake Sanitary District shall have power by itself, its officers, agents and servants to enter upon any land for the purpose of making examination or supervising in the performance of its duties under this article, without liability therefor, and the Sanitary District shall have power to purchase and acquire for the District all real and personal property which may be necessary for construction of the sewer system or for any repair, remodeling or additions thereto.
Condemnation of real estate. Whenever any real estate or any easement therein, or use thereof, shall, in the judgment of the Wallace Lake Sanitary District, be necessary to the sewer system and whenever, for any cause, an agreement for the purchase thereof cannot be made with the owner thereof, the Wallace Lake Sanitary District shall proceed with all necessary steps to take such real estate easement or use by condemnation in accordance with Wisconsin Statutes and the Uniform Relocation and Real Property Acquisition Policy Act of 1970, if federal funds are used.
Title to real estate and personalty. All property, real, personal and mixed, acquired for the construction of the sewer system and all plans, specifications, diagrams, papers, books and records connected with said sewer system, and all buildings, machinery and fixtures pertaining thereto, shall be the property of said Wallace Lake Sanitary District.
The rules, regulations and sewer rates of the Wallace Lake Sanitary District of Washington County hereinafter set forth shall be considered a part of the contract with every person, company or corporation who or which is connected with the sewer system of the Wallace Lake Sanitary District, and every such person, company or corporation by connecting with the sewer system shall be considered as expressing his or its assent to be bound thereby. Whenever any of said rules and regulations, or such others as said Wallace Lake Sanitary District of Washington County may hereafter adopt, are violated, the service shall be shut off from the building or place of such violation (even though two or more parties are receiving service through the same connection) and shall not be reestablished except by order of the Wallace Lake Sanitary District and on payment of all arrears, the expenses and established charges of shutting off and putting on and such other terms as the Wallace Lake Sanitary District may determine and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, said Wallace Lake Sanitary District furthermore may declare any payment made for the service by the party or parties committing such violation to be forfeited and the same shall thereupon be forfeited. The right is reserved to Wallace Lake Sanitary District to change said rules, regulations and sewer rates from time to time as it may deem advisable and to make special rates and contracts in all proper cases.
The following rules and regulations for the government of licensed plumbers, sewer users and others are hereby adopted and established:
Plumbers. No plumber, pipe fitter or other person will be permitted to do any plumbing or pipe fitting work in connection with the sewer system without first receiving a license from the State of Wisconsin.
Application for service.
Every person connecting with the sewer system shall file an application in writing with the Wallace Lake Sanitary District Business Manager on such forms as are prescribed for that purpose. Blanks for such applications will be furnished at the office of the Wallace Lake Sanitary District Business Manager. The application must state fully and truly all the use which will be allowed, except upon further application and permission regularly obtained from said Wallace Lake Sanitary District. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. Persons connected to the sewer system of the Wallace Lake Sanitary District of Washington County are referred to herein as "users."
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 Wallace Lake Sanitary District may reject the application. If the Wallace Lake Sanitary District shall approve the application, it shall issue a permit for services as shown on the application.
Tap permits. After sewer connections have been introduced into any building or upon any premises, no plumber shall make any alterations, extensions or attachments unless the party ordering such tapping or other work shall exhibit the proper permit for the same from the Wallace Lake Sanitary District.
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 sewer system.
User use only. No user shall allow others or other services to connect to the sewer system through his lateral.
User to permit inspection. Every user shall permit the Wallace Lake Sanitary District, or its duly authorized agent, at all reasonable hours of the day, to enter his or its premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate and must, at all times, frankly and without concealment, answer all questions put to him or it relative to its use.
Utility responsibility. It is expressly stipulated that no claim shall be made against said Wallace Lake Sanitary District or any employees, agents or officers by reason of the breaking, clogging, stoppage or freezing of any service pipes, nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to 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 the district of said Wallace Lake Sanitary District, the District shall, if practicable, give notice to each and every consumer within such affected district of the time when such service will be so shut off.
In making excavations in streets or highways for laying service pipe or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public.
No person shall leave any such excavation made in any street or highway open at any time without barricades, and during the night warning lights must be maintained at such excavations.
In refilling the opening, after the service pipes are laid, the earth must be laid in layers of not more than nine inches in depth and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the street as good, at least, as before it was disturbed and satisfactory to the Wallace Lake Sanitary District. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.
Tapping the mains.
No person, except those having special permission from the Wallace Lake Sanitary District, or persons in their service and approved by them, will be permitted, under any circumstances, to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from said Wallace Lake Sanitary District.
Pipes should always be tapped on the top half and not within six inches (15 centimeters) of the joint or within 24 inches (60 centimeters) of another lateral connection.
Septic tank and holding tank disposal. No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or sewer manhole located within the District boundaries.
It shall be the policy of the Wallace Lake Sanitary District to obtain sufficient revenues to pay the cost of the annual debt retirement payment on any bonded indebtedness, any required cash reserve account payment and operation and maintenance of the sewage works, including a replacement fund (i.e., a cash account to be used for future expenditures for obtaining or installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance of the sewage works during the service life for which such works were designed and constructed), through a system of user charges as defined in this section. The system shall assure that each user of the sewage works pays a proportionate share of the cost of such works.
All sewer users shall be classified by the Utility as residential/commercial (domestic strength) or industrial customers.
The minimum quarterly billing shall be sufficient to pay the annual debt retirement and FmHA reserve account costs. A portion of the debt service and reserve account may be budgeted by levying an ad valorem tax in accordance with state statutes. The unit price per volume shall be sufficient to pay the annual cost of operation and maintenance, including any replacement fund, of the sewage works. Users will be notified annually of the portion of user charges or ad valorem taxes attributable to wastewater treatment services.
Determination of user charges.
The methodology of determining the user charges is given in Appendix B, incorporated by reference and on file with the Wallace Lake Sanitary District. The Utility shall provide the initial estimates of number of UCE costs, etc., to calculate the first year's user charges.
The user charges, and this article, shall be reviewed not less than biennially. Such review shall be performed by the Wallace Lake Sanitary District Commissioners and the Wallace Lake Sanitary District Business Manager. User charges shall be adjusted, as required, to reflect actual number and size of users and actual costs.
There shall be charged to each user of the sewer system a sewer charge based on the following schedule. For quarterly charges see Appendix B.
Editor's Note: Appendix B is on file with the Wallace Lake Sanitary District.
All charges for sewerage service shall be made quarterly and shall be payable on the first day of January, April, July and October in each year. A three-percent penalty will be added to those bills not paid on or before the 20th day after the due date of the bill with a minimum penalty charge of $0.30. A failure to receive a bill shall not excuse nonpayment. Sewerage service charges shall be a lien on the property serviced in accordance with § 66.0821, Wis. Stats.
Excess revenues collected from a user class will be applied to the operation and maintenance costs attributable to that class for the next year.
The owner of each parcel of land adjacent to a sewer main on which there exists a building usable for human habitation or in a block through which such system is extended shall connect to such system within 90 days of notice in writing from the Wallace Lake Sanitary District. Upon failure to so do, the District may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such notice shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.; provided, however, that the owner may, within 30 days after the completion of the work, file a written option with the Wallace Lake Sanitary District Secretary stating that he cannot pay such amount in one sum and asking that it be levied in not to exceed 10 equal installments and that the amount shall be so collected with interest at the rate of (the maximum allowed by law) per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45, Wis. Stats.
In lieu of the above, the Wallace Lake Sanitary District, at its option, may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, in an amount of [penalty to be as great as the average residential user cost (per residential unit equivalent) plus 5% for administrative cost] per month for each residential unit equivalent, payable quarterly, for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.
This section ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said Sanitary District and fails to assure preservation of public health, comfort and safety of said Wallace Lake Sanitary District.
The Utility shall maintain sewer service within the limits of the Wallace Lake Sanitary District from the street main to the edge of the right-of-way or permanent easement and including all controls between the same, without expenses to the property owner, except when they are damaged as a result of negligence or carelessness on the part of the property owner, a tenant or an agent of the owner, in which case they will be repaired at the expense of the property owner. All sewer services from the point of maintenance by the system to and throughout the premises must be maintained free of defective conditions by and at the expense of the owner or occupant of the property.
When any 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 sewer service shall be installed for each building.
It shall be unlawful for any person, company or corporation to willfully injure the sewer system, or any building, machinery or fixture pertaining thereto, or to willfully and without authority of the Sanitary District bore or otherwise cause to leak any tunnel, aqueduct, reservoir, pipe or other thing used in the system for holding, conveying or collecting sewage.
It shall be unlawful for any person to introduce sewage into the system which shows an excess of a BOD or suspended solids concentration in excess of normal domestic sewage; a surcharge shall be based on the excess of BOD or suspended solids at a rate of $0.50 per pound. The District reserves the right to test the sewage at any point within the connection system of the user or consumer. Users discharging toxic pollutants shall pay for any increased operation and maintenance or replacement costs caused by the toxic pollutants.
No user shall discharge or cause to be discharged any of the following described liquids or solid wastes to any sanitary sewer:
Any stormwater, surface water, groundwater, roof runoff, surface drainage, or foundation footing drains or tiles or clear water sump pump discharge.
Any gasoline, benzene, naphtha, fuel oil and other flammable or explosive liquid, solid or gas.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or sticky substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage works.
Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constituting a hazard to humans and animals, or create any hazard in the receiving treatment facility.
Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Any garbage that has not been properly shredded.
Any liquid or vapor having a temperature higher than 150° F.
Any water or wastes which may contain more than 100 parts per million by weight of fat, oil or grease.
Any water or wastes having pH lower than 5.5 or higher than 9.0 having any corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
The Sanitary District shall have the right of recovery from all persons of any expense incurred by said Sanitary District for the repair or replacement of any sewer pipe damaged in any manner by any person, company or corporation by the performance of any work under his or its control or by any negligent act.
Any person, company or corporation who or which shall violate any of the provisions of this article or rules or regulations of the Wallace Lake Sanitary District of Washington County or who or which shall connect a service pipe without first having obtained a permit therefor or who or which shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code or any other materials which are incorporated by reference shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-5. This, however, shall not bar the Sanitary District from enforcing the connection duties set out in § 325-8 for mandatory hookup.
The maintenance and use of septic tanks and other private sewage disposal systems within the area of the Wallace Lake Sanitary District of Washington County serviced by its sewer system are hereby declared to be a public nuisance and a health hazard. From and after 90 days after completion of construction of the sanitary sewer system and notice in writing to hook up per § 325-8, the use of septic tanks or any private sewage disposal system within the area of the Wallace Lake Sanitary District serviced by the sewerage system shall be prohibited.
Whenever premises served by the Sanitary District are to be vacated or whenever any person, company or corporation desires to discontinue service from the District, the District must be notified in writing. The owner of the premises shall be liable for any damages to the property or such damage which may be discovered as having occurred to the property of the system other than through the fault of the system or its employees, representatives or agents.
All sewer service charges and special assessments shall be a lien on a lot, part of a lot or land on which sewer services were supplied. All sums which have accrued during the preceding year and which are unpaid by the first day of October in any year shall be certified to the Trenton and Barton Town Clerks to be placed on the tax roll for collection as provided by Wisconsin Statutes.
A unit of service shall consist of any residential, commercial, industrial or charitable aggregation of space or area occupied for a distinct purpose, such as a residence, apartment, flat, store, office, industrial plant, church or school. Each unit of service shall be regarded as one consumer. Suites in houses or apartments with complete housekeeping functions (such as cooking) shall be classed as apartment houses, thus houses and apartments having suites of one, two or more rooms with toilet facilities, but without a kitchen for cooking, are classed as rooming houses.
When a consumer's premises has several buildings for which services are eligible and such buildings are used in the same business and connected by the user, the District shall set a separate rate for such complex.
There are hereby adopted all the rules and regulations of the State Plumbing and State Building Codes and the building rules of the Department of Commerce and the Department of Natural Resources of the State of Wisconsin insofar as the same are applicable to the Wallace Lake Sanitary District of Washington County. All extensions of the system will comply with administrative rules in Chs. NR 108 and NR 110, Wis. Adm. Code, of the Department of Natural Resources.