CHAPTER 13

MUNICIPAL UTILITIES

GENERAL PROVISIONS

13.01 Revenue Bonds

13.05 Collection of Delinquent Utility Charges

WATER

13.10 Water & Light Commission

13.11 Rules, Rates and Regulations

13.12 Cross Connection Control

13.13 Private Well Abandonment

SEWER

SEWER SERVICE CHARGES (Ord. #8-85)

13.20 Preamble; Purpose; Scope; Policy

13.21 Definitions

13.22 Basis for Variable Charges

13.23 Billing Practice

13.24 Amount of User Charges

13.25 Audit

13.26 Significant Contributors

13.27(Rep. # 11-90)

SEWER USE (Ord. #7-85)

13.31 Definitions

13.32 Use of the Public Sewers

13.33 Control of High Strength Toxic Waste Directed to Public Sewers

13.34 Right of Entry, Safety & Identification

13.35 Sewer Construction (Building Sewers)

13.36 Septic and Holding Tank Disposal

13.37 Damage or Tampering with Sewage Facilities

13.38 Violations and Penalties

13.39 Appeals

13.40 Audit

13.41 Amendment

13.50 Penalty

MUNICIPAL UTILITIES 13.01

GENERAL PROVISIONS

13.01 REVENUE BONDS. The following ordinances are on file in the office of the City Administrator and are incorporated in this chapter by reference:

(1) SEWERAGE SYSTEM MORTGAGE REVENUE BONDS. Ordinances numbered 6-76; 4-77.

(2) WATER AND ELECTRICAL SYSTEM MORTGAGE REVENUE BONDS. Ordinances numbered 15-85.

13.05 COLLECTION OF DELINQUENT UTILITY CHARGES (Cr. #25-96)

  1. PROCEDURE. (a) The Utility Commission shall inform the City Administrator before October 15 of each year of all lots or parcels for which utility service was supplied in the year preceding October 1 and for which amounts of utility charges are still owed.
    1. On October 15, the Administrator shall give written notice to the owner and occupant of each such parcel stating that an amount is owed for utility service; the amount still owed, including any penalty assessed pursuant to the Commission's rules; that unless that amount is paid by November 1, an additional penalty of 10% of the amount in arrears will be added thereto; and that unless the amount in arrears plus penalty are paid by November 15, the amount will be levied as a tax on the lot or parcel served and for which payment is delinquent. Notice mailed to the last known address of the lot owner shall be notice to the owner. It shall be the owners duty to notify the Utility Commission office of any change in address.

( c) After November 16, the City Administrator shall certify a list of all parcels or lots for which payments are in arrears and for which notice has been given, including the amount of arrears with any penalty added thereto. Such delinquent amounts including any penalty shall thereupon become a lien upon the property to which the utility service was furnished and payment for which is delinquent, and the clerk 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 said tax if the same is not paid within the time required by law for payment of taxes upon real estate.

    1. If an arrearage is for utility service furnished and metered by the utility directly to a mobile home unit in a licensed mobile home park, the notice shall be given to the owner of the mobile home unit and the delinquent amount shall become a lien on the mobile home unit rather than a lien on the parcel of real estate on which the mobile home unit is located. A lien on a mobile home unit may be enforced using the procedures under ss.779.48(2).
  1. DELINQUENT TENANT NOTICE. (a) If the owner of a rental dwelling unit notifies the Utility Commission in writing of the name and address of the owner and the name and address of a tenant who is responsible for payment of the utility charges; Or, if requested by the Utility Commission, the owner of the rental dwelling unit provides the Utility Commission with a copy of the rental or lease agreement in which the tenant assumes responsibility for the payment of the utility charges, the Utility Commission shall serve notice of the past due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. Proof of mailing shall be made by Affidavit.
    1. If the Utility Commission proceeds to collect arrearages under par. (1), all notices under par. (1) shall be sent to the owner of the property.
  1. HEARING. If any owner or occupant shall dispute the delinquency in writing to the City Administrator before November 1, a hearing on the dispute shall be held before the Utility Commission within 30 days, unless the time for hearing is extended by the Commission. The delinquency shall not become a lien prior to the decision of the Commission. Unless notified by the Commission after hearing, the delinquency shall become a lien on the real estate as set forth herein as of the date of delinquency.

MUNICIPAL UTILITIES 13.10

WATER

13.10 WATER AND LIGHT COMMISSION. (Am. #9-88) The management and control of the City Water Utility and the Electric Utility shall be vested in a Water and Light Commission consisting of the Mayor, 4 citizens and 2 alderman. Commissioners shall be appointed by the Mayor, subject to Council confirmation. The terms begin on May 1. The terms of citizen representatives shall be 4 years, with the terms staggered so that not more than one term expires annually. The term of mayor shall coincide with his term in office. In addition to the 7 voting members of the Commission, the City Administrator shall serve as an ex officio (nonvoting) member.

13.11 RULES, RATES, AND REGULATIONS. (Am. #5) (1) All persons now receiving a water supply from the Utility or who may hereafter make application therefor shall be considered as having agreed to be bound by all rules and regulations as files with the State Public Service Commission.

(2) The following provisions of Ch. PSC 185, Wis. Adm. Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any of such rules shall constitute a violation of this section and shall be punishable as provided in Section 13.04.

Section

185.11 Authorization for and Application of Rules

185.12 Definitions

185.13 General Requirements

185.15 Free or Discriminatory Service Prohibited

185.16 Protection of Utility Facilities

185.17 Interference with Public Service Structures

185.18 Location of Records

185.19 Retention of Records

185.21 Schedules to be Filed with the Commission

185.22 Information Available to Customers

185.31 Metered Service

185.32 Meter Readings and Billing Periods

185.33 Billing

185.35 Adjustment of Bills

185.36 Deposits

185.37 Disconnection and Refusal of Service

185.38 Deferred Payment Agreement

185.39 Dispute Procedures

185.41 Employees Authorized to Enter Customers' Premises

185.42 Customer Complaints

185.43 Construction Records

185.44 Records and Reports of Service Interruptions

185.45 Pumpage Records

185.46 Metering Equipment Records

185.47 Other Records

185.51 Requirement for Good Engineering Practice

185.52 Construction Standards

185.61 Meters

185.65 Accuracy Requirements for Customer Meters

185.71 Meter Testing Facilities and Equipment

185.72 Calibration of Meter Testing Equipment

185.73 Testing of Customer Meters

185.74 Test Flows

185.75 Required Tests of Customer Meters

185.76 Periodic Tests

185.77 Complaint Tests

185.78 Referee Tests

185.79 Testing of Metering Installation Having Remote Registers

185.79 Jumpering Meter Settings

185.81 Quality of Water

185.81 Adequacy of Water Supply

185.82 Pressure Standards

185.83 Station Meters

185.84 Emergency Operation

185.85 System Losses

185.86 Flushing Mains

185.87 Operation of Distribution System Valves & Hydrants

185.88 Interruptions of Service

185.89 Thawing Frozen Services

 

 

 

MUNICIPAL UTILITIES 13.12

13.12 CROSS CONNECTION CONTROL. (Cr. #13-86) (1) A cross connection shall be defined as any physical connection or arrangement between 2 otherwise separate systems, one of which contains potable water from the City water system and the other, water from a private source, water of unknown or questionable safety or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the 2 systems.

(2) No person shall establish or permit to be established or maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the City Water and Light Commission and by the Wisconsin Department of Natural Resources in accordance with (SS) 111.25(3), Wis. Adm. Code.

(3) The City Water and Light Commission shall cause inspection to be made of all properties served by the public water systems where cross connections with the public water systems is deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be as established by the Water and Light Commission as approved by the Department of Natural Resources.

(4) Upon presentation of credentials, the representative of the City Water and Light Commission shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the City for cross connections. If entry is refused, such representative shall obtain a special inspection warrant under (SS) 66.122, WI Stats. On request the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system on such property.

(5) The Water and Light Commission is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, WI Stats., except as provided in sub. (6). Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this section.

(6) If it is determined by the Water and Light Commission that a cross connection or an emergency endangers public health, safety or welfare and requires immediate action and a written finding to that effect is filed with the City Clerk and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, WI. Stats., within 10 days of such emergency discontinuance.

(7) The City adopts by reference the State Plumbing Code, Ch. ILHR 82 Wis. Adm. Code.

(8) This section does not supersede the State Plumbing Code ad Ch. 16 of this Municipal Code, but is supplementary to them.

(9) Any person who shall violate any provision of this section, rules adopted herein, or order made thereunder shall be subject to a penalty as provided in section 25.04 of this code.

13.13 PRIVATE WELL ABANDONMENT. (Cr. #14-86) (1) PURPOSE. The purpose of this section is to prevent unused and/or improperly constructed wells from serving as a passage for contaminated surface or near surface waters or other materials to reach the usable groundwater. These wells must be properly filled and sealed.

(2) COVERAGE. All private wells located on any premises which is served by the public water system of the City shall be properly filled by January 1, 1987. Only those wells for which a well operation permit has been granted by the City Clerk may be exempted from this requirement, subject to conditions, maintenance and operation.

MUNICIPAL UTILITIES 13.13(3)

(3) WELL OPERATION PERMITS. A permit may be granted to a well owner to operate a well for a period not to exceed one year if the following requirements are met. Application shall be made on forms provided by the City Clerk and shall be renewed annually.

(a) The well and pump installation meet the requirements of Ch. NR 112, Wis. Adm. Code and a well constructor's report is on file with the Department of natural Resources or certification of the acceptability of the well has been granted by the Private Water Supply section of the Department of Natural Resources.

(b) The well has a history of producing safe water and presently produces bacterially safe water as evidenced by three samples to be collected by representatives from the Water Utility two weeks apart. The cost of the collection of the samples by the Utility shall be included as part of the permit fee. The direct cost billed the Utility for the testing of the sample shall be paid for by the property owner. (Cr. #6-90)

(c) The proposed use of the well can be justified as being necessary in addition to water provided by the public water systems.

(d) No physical connection shall exist between the piping of the public water system and the private well.

(e) The well owner pays the annual permit fee of $50 which shall be due prior to the initial issue of the permit and annually thereafter at the time of application for renewal which shall be submitted to the City 30 days prior to the December 31st expiration date of the permit previously issued. (Cr. #6-90)

(4) METHODS. Wells to be abandoned shall be filled according to the procedures outlined in Ch. NR 112, Wis. Adm. Code. The pump and piping must be removed and the well checked for obstructions prior to plugging. Any obstruction or liner must be removed.

(5) REPORTS AND INSPECTION. A well abandonment report must be submitted by the well owner to the Department of Natural Resources on forms provided by that agency, available at the office of the City Clerk. The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of the City.

SEWER

SEWER SERVICE CHARGES

13.20 PREAMBLE; PURPOSE; SCOPE; POLICY. The City of Jefferson has provided wastewater works to promote the health, safety and welfare of its citizens and to protect the quality of surface water and groundwater. The City has determined that the users of the wastewater treatment facilities shall be obligated to pay the costs of constructing, operating and maintaining the wastewater works in an equitable manner and in relation to the benefits derived from such service. The sewerage service charges herein imposed consist of a user charge system for allocating the O, M&R costs, and a method of allocating capital costs based upon specifically allocated capacity for certain significant contributors, and upon water meter size and the number of meters for all other users.

13.21 DEFINITIONS.

AMMONIA NITROGEN (NH3-N). One of the oxidation states of nitrogen, in which nitrogen is combined with hydrogen in molecular form as NH3 or in ionized form as NH4+. Quantitative determinations of ammonia nitrogen shall be made in accordance with procedures set forth in "standard methods".

APPROVING AUTHORITY. The Board of Public Works or its duly authorized deputy, agent or representative.

BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter in 5 days at 20 degrees centigrade, expressed as milligrams per liter. Quantitative determination of BOD shall be made in accordance with procedures set forth in "standard methods".

MUNICIPAL UTILITIES 13.21

BUILDING DRAIN. The part of the lowest horizontal piping 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, beginning approximately 5' (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also called house connection or lateral. Except as provided in this subchapter, buildings sewers shall not be subject to the jurisdiction of the City and the City shall not be responsible for the construction and/or maintenance of such sewers.

CHARGE, FIXED. The portion of the sewerage service charge based upon the number of the customer's connections to the wastewater works and the size of the customer's water meters. Fixed charges shall recover the cost of debt retirement, associated reserves and depreciation or rehabilitation of the wastewater works. Significant contributors shall have a separately computed fixed charge as it relates to debt service based upon Section 13.22 of this subchapter. Fixed charges also include operation costs for customer billing and treatment costs relating to infiltration and inflow.

CHARGE, SEWERAGE SERVICE, See SEWERAGE SERVICE CHARGE.

CHARGE, VARIABLE. The portion of the sewerage service charge based on the volume and strength of wastewater discharged to the wastewater works. The variable charge shall include the charge for normal strength wastewater and a surcharge if any of the parameters in the discharge exceed those of normal strength wastewater. Variable charges shall recover O, M&R costs except customer billing and treatment costs relating to infiltration and inflow which are recovered in the fixed charge.

CHARGE, VOLUME. A sewer use charge based upon normal strength wastewater quantities.

CHLORINE REQUIREMENT. The amount of chlorine in milligrams per liter which shall be added to sewage to produce a specified residual chlorine content in accordance with procedures set forth in "standard methods".

COMPOSITE SAMPLE. Twenty-four hours shall be the combination of individual samples taken at intervals of not more than 1 hour.

COSTS, OPERATION, MAINTENANCE, AND REPLACEMENT (O, M&R). All costs associated with the operation and maintenance of the wastewater works as well as the costs associated with periodic equipment replacement necessary for maintaining the design capacity and performance of the wastewater treatment facilities.

DRAIN, BUILDING. See BUILDING DRAIN.

DRAIN, STORM. See STORM DRAIN.

EASEMENT. An acquired legal right for the specific use of land owned by others.

FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

FLOW PROPORTIONAL SAMPLE. A sample taken that is proportional to the volume of flow during the sampling period.

GARBAGE. The residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.

GARBAGE, GROUND. The residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater that 1/2" in any dimension.

MUNICIPAL UTILITIES 13.21

INDUSTRIAL USER. Any user whose premises are used primarily for the conduct of a profit oriented enterprise in the fields of manufacturing, transportation, communications or utilities, mining, agriculture, forestry or fishing.

INDUSTRIAL WASTE. Any trade or process waste as distinct from segregated domestic wastes or wastes from sanitary conveniences.

LIFE, SERVICE. The expected life of individual pieces of equipment. In many instances, the service life of a piece of equipment will be shorter than the useful life of the overall treatment plant.

LIFE, USEFUL. The expected life of the treatment plant if individual pieces of equipment are replaced as necessary.

MAY, Permissive.

NATURAL OUTLET, Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

PERSON. Any and all persons including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.

pH. The logarithm of the reciprocal of the hydrogen ion concentration. Neutral waster, for example, has a pH value of 7 and a hydrogen concentration of 10-7.

POLLUTANT, COMPATIBLE. Biochemical oxygen demand, suspended solids, pH or fecal coliform bacteria, plus additional pollutants identified in the NPDES permit for the publicly owned treatment works receiving the pollutants if such treatment works was designed to treat such additional pollutants and, in part, does remove such pollutants to a substantial degree.

POLLUTANT, INCOMPATIBLE. Any pollutant which is not a compatible pollutant.

PRETREATMENT. An arrangement of devices and structures, for the preliminary treatment or processing of wastewater required to render such wastes acceptable for admission to the public sewers.

PUBLIC AUTHORITY. Any user whose premises are used for the conduct of the legislative, judicial, administrative or regulatory activities of federal, State, local or international units of government; government owned educational facilities; government owned health or recreational facilities. This does not include government owned or operated business establishments.

PUBLIC SEWER. Any sewer provided by or subject to the jurisdiction of the City. It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge in the City sanitary sewer system, even though those sewers may not have been constructed with City funds. Public sewer shall not include private or building sewers.

REPLACEMENT FUND. The replacement fund shall be a separate account in which an annual budgeted amount shall be accumulated for purposes of defraying replacement costs as they arise. The costs, as defined above, during the useful life of the wastewater treatment facilities. The equipment included in the replacement fund is shown in Section 13.16 of this subchapter. At the end of such useful life, or at the time of any significant expansion or upgrade of the wastewater facilities, the fund may be used for any proper purpose related to providing wastewater treatment service pursuant to (SS) 66.076, WI Stats., as amended or renumbered from time to time.

SANITARY SEWAGE. A combination of water carried wastes from residences, business buildings, institutions and industrial plants (other than industrial wastes from such plants), together with such ground, surface and storm waters as may be present.

SANITARY SEWER. A sewer that carries sanitary and industrial water carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface water that are not admitted intentionally.

MUNICIPAL UTILITIES 13.21

SEWAGE. The spent water of a community. The preferred term is wastewater, defined below.

SEWAGE, NORMAL DOMESTIC. Sanitary sewage resulting from the range of normal domestic activities in which BOD5, SS and NH3-N concentrations do not exceed normal concentrations of:

(a) A given (5) day, 20 degrees C., BOD of not more than 275 mg/1.

(b) A suspended solids content of not more than 320 mg/1.

(c) An ammonia nitrogen content of not more than 23 mg/1.

SEWAGE, SANITARY. See SANITARY SEWAGE.

SEWAGE SYSTEM. The composite network of underground conduits carrying wastewater and incidental appurtenances (i.e., manholes, lift stations, service lateral).

SEWER. A pipe or conduit that carries wastewater or drainage water.

SEWER, BUILDING. See BUILDING SEWER.

SEWER, COMBINED. Any sewer intended to serve as a sanitary and storm sewer. SEWER, INTERCEPTING. A sewer whose primary purpose is to convey sewage from a collection system or systems to a wastewater treatment plant. Size of the sewer is not a factor.

SEWER, PRIVATE. Any sewer located outside of a public right-of-way or easement. Except as provided in this subchapter, a private sewer shall not be subject to the jurisdiction of the city and the City shall not be responsible for the construction and/or maintenance of such sewer.

SEWER, PUBLIC. See PUBLIC SEWER.

SEWER SANITARY. See SANITARY SEWER.

SEWERAGE SERVICE CHARGE. The sum of the various categories of charges levied under this subchapter, including fixed and variable charges.

SHALL. Mandatory.

SIGNIFICANT CONTRIBUTORS. Those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD, SS, NH3-N), 5% of the design value for that particular parameter, on such average or peak basis as the Approving Authority deems appropriate.

SLUG. 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 min. more than 5 times the average 24 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 Waterworks Association and the Federation of Sewage and Industrial Wastes Association.

STORM DRAIN. A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

STORM SEWER. See STORM DRAIN.

STORM WATER RUNOFF. That portion of the rainfall that is drained into the sewers.

SURCHARGE. Any user of the wastewater works whose discharge exceeds in one or more parameters (BOD, SS, NH3-N) the concentration of normal domestic wastewater for that parameter shall be subject to a surcharge. The amount of such surcharges shall reflect the costs incurred by the City in removing the high strength BOD, suspended solids or ammonia nitrogen from the wastewater.

MUNICIPAL UTILITIES 13.21

SUSPENDED SOLIDS. Solids that either float on the surface of or are in suspension in water, wastewater or other liquid, and that are removable by laboratory filtering as prescribed in "standard methods" and are referred to as non-filterable residue.

USER CHARGE SYSTEM. The methodology for collecting O, M&R costs equitably from each user class. The great majority of these costs shall be collected through the variable charge. However, customer billing and costs related to infiltration/inflow shall be collected though the fixed charge.

USER CLASSES. Categories of users having similar flows and water characteristics; levels of biochemical oxygen demand, suspended solids, phosphorus, ammonia nitrogen, etc.. For the purposes of this subchapter, there shall be 4 user classes: residential, commercial, industrial and public authority.

USER, COMMERCIAL. Any user whose premises are used primarily for the conduct of a profit oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services, and who discharges primarily normal domestic sewage. This definition shall also include multifamily residences having 3 or more units served by a single meter.

USER, INDUSTRIAL, See INDUSTRIAL USER.

USER, RESIDENTIAL. Any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as commercial users as defined above.

USER, UNMETERED. A user who does not have a meter installed and maintained by the City on his public or private water supply.

WASTE, INDUSTRIAL. See INDUSTRIAL WASTES.

WASTES, SEGREGATES DOMESTIC. Wastes from nonresidential sources resulting from normal domestic activities. These activities are distinguished from industrial, trade and/or process discharge wastes.

WASTEWATER. The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water carried wastes for residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and storm water that may be present.

WASTEWATER TREATMENT FACILITIES. The wastewater treatment works defined below, excluding wastewater collection and transportation systems which deliver wastewater to the treatment plant.

WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for the storage, treatment, recycling and reclamation of wastewater, liquid industrial wastes and sludge. These systems include intercepted sewers, out-fall sewers, wastewater collection systems, individual systems, pumping, power and other equipment and their appurtenances; any works that are an integral part of the treatment process or are used for ultimate disposal of residues from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of Municipal or industrial wastes. In other words, the equipment, sewers, capital improvements and all other devices or structures of any kind which are used for the collection, storage, treatment, recycling, reclamation and disposal of wastewater, liquid industrial waste and sludge.

WATER, UNPOLLUTED. Water of any 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.

WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.

WPDES PERMIT. Permit issued under the Wisconsin Pollution Discharge Elimination System, Ch. NR 210, Wis. Adm. Code.

MUNICIPAL UTILITIES 13.22

13.22 BASIS FOR VARIABLE CHARGES. (1) SEWER USERS SERVED BY WATER UTILITY WATER METERS. (a) For each lot, parcel of land, building or premises having a connection with the wastewater system and being served with water solely by the Water Utility, the quantity of wastewater for billing purposes shall be measured by the Water Utility water meter used upon the premises.

(b) If a user feels that a significant amount of water metered does not reach the sanitary sewer due to lawn or garden watering, etc. said user can at his/her own expense, through the Approving Authority, install a second water meter and/or service that would monitor flow of water used for lawn and garden watering, non-contact cooling water or other similar purposes. Charges for sewer use would be made based on the difference between the two meter reading if only a second meter and service are installed, charges for sewer use shall be based on the actual water metered from the service which ultimately discharges into the sanitary sewer system. (Am. #4-90)

(c) Requests for usage adjustments, or a second meter or service, shall be made in writing to the Approving Authority. Charges for a second meter or service shall be made in accordance with sub. (2) below.

(d) If the high volume commercial or industrial user produces evidence satisfactory to the Approving Authority that more than 20% of the total annual column of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the Approving Authority and the person. Satisfactory evidence shall be evidence obtained by approved metering.

(2) SEWER USERS SERVED BY PRIVATE WELLS. Sewer users served by private wells shall be required to do the following:

(a) If a person discharging into the public sanitary sewer system procures any part, or all of his water sources from other than the Water Utility, all or part of which is discharged into the public sewer may be a matter system, the person shall be required to have water meters installed for the purpose of determining the volume of water obtained from each of these other sources. Where sewage meters are already installed, the water meters will not be required. The water meters shall be furnished by the Water & Electric Department and installed under its supervision, all costs being at the expense of the persons acquiring the meter.

(b) The Water and Electric Department shall charge for each meter, a rental charge set by the Utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed a the time the sewer service charge is billed. The rental charge for water meters shall be $2.10 per quarter plus an installation charge.

(3) MEASUREMENT OF FLOW FROM HIGH STRENGTH OR TOXIC WASTE DISCHARGES. The volume of flow used for computing the variable charge shall be the metered water consumption of the user as shown in the records of the meter readings maintained by the Water Utility, except as noted in sub. (4) below.

(4) METERING AND SAMPLING OF HIGH STRENGTH OR TOXIC WASTES. (a) General. Users designated by the Approving Authority with high levels of flow or with high strength discharges may be required to have monitoring facilities. The Approving Authority shall make a determination as to when metering of high levels of flow are needed as well as what frequency of sampling of high strength wastewater is needed. Metering and sampling devices shall be installed, owned and maintained by the discharger subject to the approval of the Approving Authority, and such metering and sampling devices shall be used for computing sewerage service charges for those customers. Access to sampling and metering locations shall be granted to the Approving Authority or its duly authorized representative at all times.

(b) Metering. Devices for measuring the volume of wastewater discharged may be required by the Approving Authority if the volume cannot otherwise be determined from the metered water consumption records.

MUNICIPAL UTILITIES 13.22(4)(c)

(c) Sampling. Industrial wastes discharges into the public sewers shall be subject to periodic inspection and a determination of character and concentration of such wastes. Sampling shall be conducted in such a manner as to be representative of the composition of the wastes. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken. The sampling may be accomplished whether manually or by the use of mechanical equipment acceptable to the Approving Authority. The use of flow proportional composite sampling is preferred.

(d) Maintenance. A maintenance schedule shall be accepted by the Approving Authority. All maintenance and equipment repair shall be performed within reasonable time as determined by the Approving Authority. Failure to perform maintenance within a reasonable time shall be subject to the same forfeiture and procedural provisions as apply to violations under this subchapter. Prior to completion of satisfactory repairs, and for any preceding period during which the Approving Authority determines there existed a malfunction, error or bias in the metering and sampling, the volume and strength of the wastewater for that period discharged by the discharger shall be based on historical data and reasonable engineering estimates of flow and strength, taking account of material known production variations, all as determined by the Approving Authority in consultation with the discharger. If prolonged periods of breakdown are anticipated, approved interim measuring and sampling means shall be provided and used to determine the volume and strength of wastewater. Following approval and installation of permanent or temporary metering or sampling equipment, such equipment shall not be removed without the consent of the Approving Authority.

(5) FREE SERVICE. No user shall receive free service or pay a sewerage service charge less than the user's proportional share of all costs as defined in Section 13.21 of this subchapter.

(6) OUTSIDE SERVICE. All users within the sewer service area shall be treated equally as to operation, maintenance and replacement sewer use charges regardless of their location with respect to the corporate limits. All users located outside of the corporate limits will be charged 125% of the sewerage service charges. Total service charges may be adjusted to reflect variations in capital costs for outside users.

  1. BILLING PRACTICE. (1) BILLING PERIOD. (Rep. & Recr. #25-96) Fixed and variable charges for all customers shall be billed on a monthly basis.

(2) PAYMENT. Sewerage service charges shall be payable 20 days after the billing date to the Water and Electric Department.

(3) PENALTIES. (Rep. & Recr. #25-96) Charges levied in accordance with this subchapter shall be a debt due to the City. If the debt is not paid within 20 days after it is due and payable, it shall be deemed delinquent. There shall be an added penalty of 1 & % of the amount of the monthly bill per month and all unpaid balances will be compounded monthly.

(4) NOTIFICATION. Each user shall be notified annually, in conjunction with a regular bill of the rate schedule attributable to wastewater treatment services including an explanation of the charges.

13.24 AMOUNT OF USER CHARGES. (1) SEWERAGE, SERVICE CHARGES. There is hereby levied and assessed upon each lot, parcel of land, building, premises or unit having a connection with the wastewater works, a sewerage service charge, based upon the quantity of wastewater discharged, pursuant to (SS) 66.076, WI Stats., as amended or renumbered from time to time, Such sewerage service charges shall be billed to the person owning, using or occupying the property served. The sewerage service charges shall consist of a fixed monthly charge and a variable charge as set forth in the following sections.

  1. FIXED CHARGE. (a) The fixed charge shall be a minimum monthly charge for all users based in part upon the number of meters connected to the wastewater works, and in part upon the size of such meter or meters. Significant contributors shall have separately computed fixed charge which will exclude the bond depreciation, bond reserve account and new debt retirement (other than I/I) components from the fixed

MUNICIPAL UTILITIES 13.24(2)(a)-cont.

charge shown in the following schedule, such components to be paid for pursuant to Section 13.22 of this subchapter.

(b) "Fixed" service charges are as follows: (Am. #11-90)

Meter Size Monthly Charge

5/8" $ 10.50

3/4" 15.70

1" 26.30

1&1/2" 52.40

2" 83.70

3" 157.00

4" 261.60

6" 523.10

(3) VARIABLE CHARGE. (a) BILLING ON MONTHLY OR QUARTERLY BASIS. (Am. #4-90) Users, at the discretion of the Water Utility will be billed on either a monthly or quarterly basis for the volume and strength of wastewater discharged to the Wastewater Works.

(b) Normal Domestic Sewage. (Am. #11-90) Volume charge (metered user); $0.728 per 1,000 gals. or $0.545 per 100'.

(c) Sewage of Greater Than Normal Strength. (Am. #11-90) 1. Charges to users discharging wastewater of greater than normal strength will be assessed a surcharge based on the amount by which the wastewater exceeds the normal strength of wastewater which is 275 mg/1 BOD5. 320 mg/1 SS and 23 mg/1 NH3-N. The following rates will be used.

Parameter Cost

BOD5 .122 per lb.

SS .064 per lb.

NH3 .472 per lb.

2. Charges to users discharging wastewater of greater than normal strength shall be computed in accordance with the formula presented below:

C = $0.728 X V + .00834 X V X [ ($0.122 X B) + ($.064 X S) + ($ 0.472 X NH3N)]

3. Where:

C = Charge to sewer user for operation, maintenance and replacement costs for treatment works.

V = Wastewater volume in 1,000 gals.

B = Concentration of BOD from a user above the normal strength of 275 mg/1.

S = Concentration of suspended solids from a user above the normal strength of 320 mg/1

NH3-N = Concentration of ammonia nitrogen from a user above the normal strength of 23 mg/1.

$0.742 = Charge for that portion of the waste equal to normal strength wastewater. Includes cost for treating 275 mg/1

BOD5, 320 mg/1 SS and 23 mg/1 NH3-N.

.00834 = Conversion factor (mg/1 to lb.)

.7480 = Conversion factor (1,000 gals. to 100'3).

MUNICIPAL UTILITIES 13.24(3)(c.)4.

4. Surcharges will be computed by multiplying flow times strength (mg/1) daily and adding the pounds for the month. Total flow for the month will be multiplied by the residential strength and the result compared to the actual pounds discharged. Surcharges will be applied to pounds in excess of residential strength on the basis of the month's results. In no event will a user pay less per 1,000 gals, of flow than the charge for normal strength wastewater, which includes an imputed level of pounds of BOD, SS, and NH3-N.

(d) Holding Tank and Septage Wastes Charges to licensed dischargers shall be computed on the following basis.

1. Holding Tank Discharges shall include the following:

a) Total Strength Charge $2.06

b) Dumping Charge $5.00

c) 25% Surcharge $1.76

d) Total Charge per Thousand Gallons $8.82

2. Septage Waste Discharges shall include the following:

a) Total Strength Charge $10.08

b) Dumping Charge $7.50

c) 25% Surcharge $4.40

d) Total Charge per Thousand Gallons $21.98

(4) SPECIAL ASSESSMENTS. Not included in the sewerage service charges above are the costs associated with providing local collecting facilities to users, which the City may assess by special assessment, in whole or in part, to the property benefited thereby.

(5) RESIDENTIAL SUMMER SEWER CHARGE. (Cr. #4-90) Residential Sewer customers shall pay, in addition to the fixed charge, a variable charge as set forth in Section 13.24(3)(a) for the months of September through April inclusive which shall be calculated based on the total water usage as determined by the Water Utility. During the months of May through August inclusive, the following method for calculating the volume shall be used:

(a) During the month of May each year, the Water Utility shall calculate the eight (8) month average water usage for each residential customer. The eight (8) month average shall be based on the actual water usage during the preceding eight (8) month period (September through April inclusive). The calculated average for each respective residential customer's sewer charge during the months of May, June, July and August. In the event that a residential customer's actual monthly water usage is less than the calculated average summer sewer volume charge the customer's sewer charge shall be based on the actual water usage for each respective month.

(b) If a residential customer has received water and sewer service for less than an eight (8) month period the sewer volume charge for the month of May, June, July and August shall be calculated based on the overall average for all of the City's residential customers, plus 10%. In the event that a residential customer's sewer charge shall be based on the actual water usage for each respective month.

    1. In those instances where water usage for one or more of the eight (8) months included in the winter base is less than 50% of that customers average base said month or months shall be eliminated from the base calculation.

 

MUNICIPAL UTILITIES 13.25

13.25 AUDIT. The City shall conduct an annual audit, the purpose of which shall be to demonstrate the continued proportionality and sufficiency of the user charges in system operation and maintenance costs, maintain accurate accounting records for the revenue and expenditures of the wastewater treatment facility and demonstrate the continued proportionality and sufficiency of the user charges relative to changes in system operation, maintenance and replacement costs. Any changes in O, M&R allocations shall be based upon sound engineering and accounting practices and the specific written opinion of a certified accountant or consulting engineer. The City shall have its accountants and engineers review the annuity rate, the actual replacement experience and maintenance practices at the plant, no less than once every 3 yr., to determine whether the annual revenue addition to the replacement fund is at an appropriate level. The City may initiate such review at any time. If such reviews indicate, the City will make appropriate alterations in the amounts of revenue collected for the replacement fund and charges in treatment plant maintenance practices. Changes in the replacement fund amount shall be preceded by public hearing and the City shall give express prior written notice of such hearings to the significant contributors to the facility and also provide standard public hearing notice to the public.

13.26 SIGNIFICANT CONTRIBUTORS. Significant contributors shall be those users of the wastewater works whose discharges exceed, in one or more parameters (flow, BOD, SS, NH3-N), 5% of the design value for that particular parameter, on such average or peak basis as the Approving Authority determines is appropriate.

(1) The City may allocate a portion of capacity in the wastewater treatment facilities to specific significant contributors, particularly in the case of new construction, expansion or renovation of such facilities. Significant contributors will then pay capital costs associated with such allocated capacity.

(2) Significant contributors will be encouraged to contract will the city as to the amount of such allocated capacity and as to the payment of associated capital costs. In exchange for a contractual commitment to pay such capital costs, the City may protect the contracting significant contributors from certain capital cost increases that might otherwise result in the absence of such a contract.

(3) Significant contributors will be requested to advise the City of their best estimate of the level of usage of the wastewater treatment facilities that they expect to utilize through the remaining useful life of those facilities. Significant contributors who have provided reasonable projected usage levels to the City prior to a project of construction, expansion or renovation, shall, in the absence of contract provision to the contrary have their fixed charge computed on the basis of reasonable projected usage levels. The City may change the amount of allocated capacity from the projections provided by the significant contributors, provided any opportunity for such change is made available to all significant contributors.

(4) Significant contributors who connect to the system after any specific construction, expansion or renovation project may only be allocated capacity in that project to the extent the Approving Authority deems such capacity is available. In no event may capacity allocated to a significant contributor under a wastewater service with the City be changed in any way without compliance with the terms of the contract. Significant contributors who do not have a contractual commitment to pay a specific capital charges may have their allocated capacities and associated capital charges reduced on a prospective basis if, the judgment of the Approving Authority, the reallocated portion of the capacity should be made available to another user.

13.27 REPLACEMENT FUND CALCULATION. See next page.

13.31 DEFINITIONS. See Section 13.20 of this chapter.

13.32 USE OF THE PUBLIC SEWERS. (1) SANITARY SEWERS. No person shall discharge or cause to be discharged any unpolluted waters as storm water, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary sewer except storm water runoff from limited areas (which storm water may be polluted at times) may be discharged to the sanitary sewer by permission of the Approving Authority.

  1. USER CONNECTIONS. The owner of all houses, buildings or properties used for human occupancy, employment, recreations or other purposes, situated within the City and abutting on any street, alley or

MUNICIPAL UTILITIES 13.32(2)-cont.

right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at the owner's expense to install suitable toilet facilities therein and connect such facilities directly to the proper public sewer in accordance with the provision of this subchapter within 3 months after the date of official notice from the Approving Authority to do so.

(3) STORM SEWERS. Storm water, other than that exempted under sub. (1) above and all other polluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Approving Authority or other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Approving Authority, to a storm sewer or natural outlet.

(4) PROHIBITIONS AND LIMITATIONS. No wastewater, regardless of character, shall be discharged to the sewage system in such a manner as to interfere with the designated operation of the collection system or treatment facilities, or cause the treatment works to exceed the limits presented by the WPDES permit. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(a) Any gasoline, benzene, naphtha, fuel oil, other flammable or explosive liquid, solid or gas.

(b) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process or which constitutes a hazard to humans or animals, creates a public nuisance or any hazard in, or has an adverse effect on, the waters receiving any discharge from the treatment works.

(c) Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

(d) Solid of viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feather, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., wither whole or ground by garbage grinders.

(e) The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentration or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or otherwise endanger lives, limb, public property, or constitute a nuisance. The Approving Authority may set limitations lower than the limitations established in the regulations below if, in its opinion, such more severe limitations are necessary to meet the above objections. In forming its opinion as to the acceptability, the Approving Authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment plant and other pertinent factors. The limitations or wastewater discharged to the sanitary sewer which shall not be violated without approval of the Approving Authority are as follows:

1. Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).

2. Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils or product of mineral oil origin.

3. Any water or waste which may contain more than 300 mg/1 of fat, oil or grease.

4. Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the

MUNICIPAL UTILITIES 13.32(4)(e)4.

purpose of consumption on the premises or when served by caterers. The installation and
operation of any commercial grinder equipped with a motor of one horsepower or greater shall be subject to the review and approval of the Approving Authority and a permit shall be obtained prior to the installation of any such commercial garbage grinder unit. The fee for this permit shall be $2.

5. Any waters containing iron, chromium, zinc, mercury and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater treatment works exceeds the limits established by the Approving Authority for such materials.

6. Any waters or wastes containing odor producing substances exceeding limits which may be established by the Approving Authority.

7. Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the Approving Authority in compliance with applicable State or federal regulations.

8. Quantities of flow, concentrations or both which constitute a "slug" as defined herein, or which exceeds agreed capacity limitations provided for by contract between a user and a city.

9. Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

10. Any water or wastes which, by intersection with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

11. Materials which exert or cause:

a. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant.

b. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

c. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).

d. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(5) SPECIAL ARRANGEMENTS. No statement contained in this subchapter shall be constructed as prohibiting any special agreement between the City and any person whereby an industrial waste of unusual strength or character may be admitted to the sewage disposal works, either before or after pretreatment, provided that there is no impairment of the functioning of the sewage disposal works by reason of the admission of such wastes, and no extra costs are incurred by the City without recommence by the person provided that all rates set forth in this subchapter are recognized and adhered to.

  1. NEW CONNECTION. New connection to the sewage system shall not be permitted if there is insufficient capacity in the treatment works to adequately transport and/or treat, as required by the WPDES permit the additional wastewater anticipated to be received from such connections.

 

 

MUNICIPAL UTILITIES 13.33

13.33 CONTROL OF HIGH STRENGTH TOXIC WASTES DIRECTED TO PUBLIC SEWERS.

(1) SUBMISSION OF BASIC DATA. (a) Within 3 months after passage of this subchapter, establishments discharging industrial wastes to a public sewer shall prepare and file with the Approving Authority a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Such information shall be provided as per Ch. NR 101, Wis. Adm. Code.

(b) Similarly, each establishment desiring to make a new connection to public sewer for the purpose of discharging industrial wastes shall prepare and file with the Approving Authority a report that shall include actual predicted data relating to the quantity and characteristics of the waste to be discharged.

(2) EXTENSION OF TIME. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the establishment to comply with the time schedule imposed be sub. (1) above, a request for extension of time may be presented for consideration of the Approving Authority.

(3) HIGH STRENGTH; TOXIC DISCHARGES. (a) If any waters or wastes are discharged, or proposed to be discharged, to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in par. (b) below and which, in the judgment of the Approving Authority, may have the deleterious effect upon the sewage works, processed equipment or receiving waters, or which otherwise create a hazard to life, health or constitute a public nuisance, the Approving Authority may:

1. Reject the wastes.

2. Require pretreatment to an acceptable limit for discharge to the public sewers.

3. Require control over the quantities and rates of discharge.

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 13.17(5) of this subchapter.

(b) The toxic pollutants subject to prohibition or regulation under this paragraph shall include, but need not be limited to, the list of toxic pollutants or combination of pollutants established by (SS)307(a) of the Clean Water Act of 1977 and subsequent amendments. Effluent standards or prohibitions for discharge to the sanitary sewer shall also conform to the requirements of (SS)307(a) and associated regulations.

(c) Pretreatment standards for those pollutants which are determined not to be susceptible to treatment by the treatment works or which would interfere with the operation of such works shall conform to the requirements and associated regulations of (SS)307(b) of the Clean Water Act of 1977 and subsequent amendments. The primary source for such regulations shall be 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution.

(4) CONTROL MANHOLES. (a) Each user discharging industrial wastes into a public sewer may be required by the Approving Authority to construct and maintain one or more control manholes or access points of facilitate observation, measurement and sampling of his wastes, including domestic sewage.

(b) Control manholes or access facilities shall be located and built in a manner acceptable to the Approving Authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Approving Authority.

    1. Control manholes, access facilities and related equipment shall be installed by the establishment discharging the waste, at its expense, and shall be maintained by it so as to be in safe condition, accessible and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the Approving Authority prior to the beginning of construction.

 

MUNICIPAL UTILITIES 13.33(5)

(5) METERING AND SAMPLING OF HIGH STRENGTH OR TOXIC WASTES. (a) General. Users designated by the Approving Authority with high levels of flow or high strength discharge may be required to have monitoring facilities. The Approving Authority shall make a determination as to when metering of high levels of flow are needed as well as what frequency of sampling of high strength wastewater is needed. Metering and sampling devices shall be installed, owned and maintained by the discharger subject to the approval of the Approving Authority. Access to the sampling and metering location shall be granted to the Approving Authority or its duly authorized representative at all times.

(b) Metering. Devices for measuring the volume of wastewater discharge may be required by the Approving Authority if the volume cannot otherwise be determined from the metered water consumption records.

(c) Sampling. Industrial wastes discharged into the public sewers shall be subject to periodic inspections and a determination of character and concentration of such wastes. Sampling shall be conducted in such a manner as to be representative of the composition of the waste. Every care shall be exercised in collection of samples to insure their preservation in a state comparable to that at the time the sample was taken. Sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Approving Authority. The use of flow proportional composite sampling is preferred.

(d) Maintenance. A maintenance schedule shall be accepted by the Approving Authority. All maintenance and equipment repair shall be performed within a reasonable time as determined by the Approving Authority. Failure to perform maintenance within a reasonable time shall be subject to the same forfeiture and procedural provisions as applied to violation under this subchapter. Prior to completion of satisfactory repairs, and for any preceding period during which the Approving Authority determines there existed a malfunction, error or bias in the metering and sampling, the volume and strength of the wastewater for that period discharged by the discharger shall be based on historical data and a reasonable engineering estimate of flow and strength, taking account of material known production variations, all as determined by the Approving Authority in consultation with the discharger. If prolonged periods of breakdown are anticipated, approved interim measuring and sampling needs shall be provided and used to determine the volume and strength of wastewater. Following approval and installation of permanent or temporary metering or sampling equipment, such equipment shall not be removed without the consent of the Approving Authority.

(6) ANALYSIS. (a) All measurements, tests and analyses of the characteristics of wastes and wastes to which reference is made in this subchapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Health Association. Sampling methods, location times, duration and frequencies are to be determined on an individual basis subject to approval by the Approving Authority.

(b) Determination of the character and concentration of the industrial wastes shall be made by the establishment discharging them, or its agent, as designated and required by the Approving Authority. The Approving Authority may also make its own analyses on the wastes and these determinations shall be binding as a basis for charges.

(7) PRETREATMENT. Where required, in the opinion of the Approving Authority, to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment works, the person shall provide, at his expense, such preliminary treatment or processing facilities as may be determined required to render his wastes acceptable for admission to the public sewers.

(8) SUBMISSION OF INFORMATION. Plans, specification, any other pertinent information relating to proposed flow equalizations, pretreatment or processing facilities shall be submitted for review of the Approving Authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.

MUNICIPAL UTILITIES 13.33(9)

(9) GREASE AND/OR SAND INTERCEPTORS. Grease, oil and sand interceptors shall be provided when, in the opinion of the Approving Authority, they are necessary for the proper handling of liquid wastes containing floatable greases in excessive amounts, as specific in Section 13.17(4)(e)2., or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Approving Authority, and shall be located as to be readily and easily accessible for cleaning inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal which are subject to review by the Approving Authority. Any removal and hauling of the collected materials not performed by the owner's personnel shall be performed by the currently licensed waste disposal firms.

13.34 RIGHT OF ENTRY, SAFETY AND IDENTIFICATION. (1) RIGHT OF ENTRY. The City Engineer, Plant Superintendent or other duly authorized employee of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, testing, all in accordance with the provision of this subchapter and State laws. The City Engineer, Plant Superintendent or other duly authorized employee of the City shall have no authority to inquire into any process beyond that point having bearing on the kind and source of discharge to the sewers or waterways or facilities for wastewater treatment.

(2) SAFETY. While performing the necessary work on private premises referred to in sub. (1) above, authorized City employees shall observe all safety rules applicable to the premises established by the owner or occupant and the City shall indemnify the owner against loss or damage to its property by the City employees and against the liability claims and demands for personal injury or property damage asserted against the owner and growing out of gauging and sampling operation of the City Employees; except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in Section 13.18 (4) of this subchapter, the City shall report to the owner or occupant any unsafe conditions.

(3) IDENTIFICATION, RIGHT TO ENTER EASEMENTS. The City Engineer, Plant Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement, all subject to the terms, if any, of the agreement.

13.35 SEWER CONSTRUCTION (BUILDING SEWERS). (1) WORK AUTHORIZED. (a) No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public appurtenance thereof without first obtaining a written permit from the Approving Authority. The fee for this permit shall be $20 and be paid prior to the issuance of the permit.

(b) No contractor, plumber, pipe fitter or other person shall be permitted to do work on any Public or Building sewer without first receiving a license from the State and posting a $1,500 bond with the Approving Authority, except in cases where State law permits building owners to do their own work without being licensed. Such bond shall be released upon satisfactory inspection of the work in accordance with sub. (9) below.

(c) Prior to commencement of the work, the permittee shall notify the City at least 48 hours before beginning excavations.

(2) COST OF SEWER CONNECTION. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer, the owner shall be responsible for all maintenance costs.

(3) USE OF OLD BUILDING SEWERS. Old building sewers may be used in connection with new buildings only when they are found on examination and test by the Approving Authority to meet all requirements for this subchapter.

MUNICIPAL UTILITIES 13.35(4)

(4) MATERIALS AND METHODS OF CONSTRUCTION. The size, slope, alignment, materials of construction of building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Wisconsin Administrative Code, the State Department of Natural Resources, Building and Plumbing Codes and other rules and regulations of the City. In the absence of code provisions or an amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(5) BUILDING SEWER GRADE. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharges to the building sewer.

(6) STORM AND GROUNDWATER DRAINS. (a) No person shall make connection of roof down spouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a public sanitary sewer.

(b) All existing down spouts or groundwater drains, etc., connected directly or indirectly to a public sanitary sewer shall be disconnected no later than 60 days from the date of an official written notice by the Approving Authority. Exceptions to the above shall be made only by the Approving Authority in writing.

(7) CONFORMANCE TO PLUMBING CODES. (a) The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice N. 9. All such connections shall be made gas-tight and watertight. Any deviation from the prescribed procedures and materials shall be approved by the Approving Authority before installation.

(b) All connections to existing sewer mains shall be made with a saddle "T" or "Y" fitting set upon a carefully cut opening centered in the upper quadrant of the main sewer pipe and securely strapped on with corrosion resistant straps or rods, or with solvent welded joints in the case of plastic pipes.

(8) INSPECTION OF CONNECTION. The applicant for the building sewer permit shall notify the Approving Authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Approving Authority. The cost of one inspection is included in the permit fee. Additional inspections, if required, shall be at the expense of the applicant.

(9) BARRICADE; RESTORATION. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

13.36 SEPTIC AND HOLDING TANK DISPOSAL. (1) No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any portion of the City treatment works unless a permit for disposal has been first obtained from the City. Written application for this permit shall be made to the City and shall state the name and address of the applicant; the number of its disposal units and the make, model and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may obtained upon payment of a fee of $100 per calendar year for each licensed hauler or contractor. The time and place of disposal will be designated by the City. The City may impose such conditions as it deems necessary on any permit granted.

(2) Charges for disposal shall be established in accordance with the City user charge system. Bills shall be mailed on a monthly basis and if payments are not received in 30 days thereof, disposal privileges shall be suspended.

MUNICIPAL UTILITIES 13.36(3)

(3) Any person or party disposing of septic tank or holding sludge agrees to carry public liability insurance in an amount not less than $100,000 to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or failure to act, by any of his employees. Such person shall furnish a certificate certifying such insurance to be in full force and effect.

(4) All materials discharged to the treatment works shall be of domestic origin only and septic tank wastes shall be segregated from holding tank wastes. The discharger shall also certify that he will comply with the provisions of any and all applicable provisions of the City and will not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids, or other deleterious substances into any manhole nor allow any earth, sand or other solid material to pass into any part of the treatment works.

(5) The person or party disposing waste shall furnish bond to the City in the amount of $1,000 to guarantee performance. Such performance bond shall be delivered to the City prior to the issuance of the permit thereunder.

(6) Any disposal of septic or holding tank wastes by any person or corporation who has not paid the license fee in full, who discharges such wastes without notifying the City or at times other than as designated by the City Hall, shall be in violation of this subchapter and subject to the penalty provided in 13.27 hereof.

(7) Violation of any of these provisions shall render the discharger subject to immediate suspension and/or revocation of his disposal privileges and may make him liable to the penalty provision of this subchapter as outlined in 13.27 hereof. The City also retains the right to suspend or revoke any disposal privileges upon 30 days notice if, in the opinion of the Approving Authority, the acceptance of such wastewater would cause the treatment works to violate the provisions of its WPDES permit due to the volume or character of the wastes. Upon such suspension or revocation, the Approving Authority shall refund a proportionate share of the permit fee.

13.37 DAMAGE OR TAMPERING WITH SEWAGE FACILITIES. (1) WILLFUL, NEGLIGENT OR MALICIOUS DAMAGE. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewage facilities. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.

(2) LIABILITY TO DISCHARGER FOR LOSSES. Any person who intentionally, negligently or accidentally violates any provisions of this subchapter shall become liable to the City or any downstream user for any expense, loss or damage occasioned by reason of such violation which the City or any downstream user may suffer as a result thereof. This section shall be applicable whether or not a written notice of the violation was given as provided in Section 13.27(1) and without consideration for any penalties which may be imposed for a violation of this subchapter.

13.38 VIOLATIONS AND PENALTIES. (1) WRITTEN NOTICE OF VIOLATION. Any person found to be violating any provision of this subchapter shall be served by the City without a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(2) ACCIDENTAL DISCHARGE. Any person found to be responsible for accidentally allowing a deleterious discharge, as defined in 13.17(4), into the sewer system which causes damage to the treatment facility and/or receiving body of water shall, in addition to a forfeiture, pay the amount to cover damage, both values to be established by the Approving Authority. Any accidental wastewater discharges which violate Section 13.17(4) shall be reported immediately upon discharge. The City shall address any potential forfeitures within 15 days after the end of the month in which the violation is reported or detected, whichever is later.

(3) ACCIDENTAL DISCHARGE PENALTIES. The City may levy a minimum forfeiture of $500 for an accidental discharge that is reported immediately or a minimum of $1,500 forfeiture for an unreported accidental discharge.

MUNICIPAL UTILITIES 13.38(4)

(4) CONTINUED VIOLATIONS. Except as provided for in sub. (3) above, any person, partnership or corporation, or any officer, agent, or employee thereof who shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, forfeit not less than $1,000 nor more than $2,000, together with the costs of prosecution. In default of payment of such forfeiture and costs, such violator shall be imprisoned in the County jail for a period not to exceed 30 days. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.

(5) LIABILITY TO THE CITY FOR LOSSES. Any person violating any provision of this subchapter shall become liable to the City for any expense, loss or damage occasioned by reason of such violation which the City may suffer as a result thereof.

13.39 APPEALS. (1) Any user, permit applicant or holder affected by any decision, action or determination, including cease and desist orders made by the Approving Authority interpreting or implementing the provisions of this subchapter, or in any permit issued herein, may file with the Approving Authority a written request for reconsideration within 10 days setting forth in detail the facts supporting the user's request for reconsideration.

(2) The Approving Authority shall render a decision on the request for reconsideration to the user, permit applicant or holder in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the Approving Authority is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the Approving Authority's action, file a written appeal with the City Administrator.

(3) A fee of $100 shall accompany any appeal for a ruling by the City Council. This fee may be refunded if the appeal is sustained in favor of the appellant.

(4) The written appeal shall be heard by the City Council within 45 days from the date of filing. The City Council shall make a final ruling on the appeal within 60 days from the date of filing.

13.40 AUDIT. The City shall conduct an annual audit, the purpose of which shall be to demonstrate the continued proportionality and sufficiency of the user charges relative to changes in system operation and maintenance costs.

13.41 AMENDMENT. The City, through its qualified officers, reserves the right to amend this subchapter in part or in whole wherever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and proper hearing on the proposed amendment.

13.50 PENALTY. Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made thereunder, or any of the rules and regulations on file with the Public Service Commission, shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.