ORD1984505ORDINANCE #505
(As Amended)
AN ORDINANCE TO CREATE CHAPTER 21 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEG0 ENTITLED
"SEWER UTILITY"
COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA
SECTION 1: Chapter 21 of the Municipal Code of the
City of Muskego is hereby created. Said chapter creates the
Sewer Utility Code of the City of Muskego as adopted as Ordinance
#505.
office of the City Clerk and open to public inspection for not
SECTION 2: A copy of said Code has been on file in the
less than two weeks prior to the date of this ordinance, pursuant to Wisconsin Statute 66.035, and said Code is hereby incorporated
into the Municipal Code of the City of Muskego.
SECTION 3: All ordinances or parts of ordinances
inconsistent with or contravening this ordinance are hereby
repealed.
effect from and after its passage and publication.
SECTION 4: This ordinance shall be in full force and
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PASSED AND APPROVED THIS & DAY OF
1 984 - 3,
i
Official Notice
ORDINANCE NO. SDS
TER 21 OF THE MUNICII’AI. CODE OF
AN OHDINANCE TO CREATE CHAP-
THE CITY OF MUSKEGO F:NTITI.EI)
OF MUSKEGO. WAUKESAA COUW. THE COMMON COUNCII. OF THE CITY
WISCONSIN. DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 21 of the Municipal
Code of the City of Waukesha in hereby
created. Said chapter crealea the Sewer
Utility Code of the City of Muskego an
adopted ~d Ordinance No. 5805. SECTION 2: A copy ofsai,d Code has teen
on file in the oflice or the Citv Clerk snd open
to public inspection for not less than two
weeh prior to the dale of this ordinance.
pursuant to Wisconsin Stmute 66.035. and
said Code ie hereby incorporated into the
Municipal Code of the City of MunkeKo.
ordinances inconsistent with or contraven-
SECTION 3: All ordlnalrces or pnrte of
ing this ordinance am herehy rnpnnlnd. SECTION 4: This ordinance ahall he in
lull Tom and efkt rmrn end aRer itn
pas~ege end publiention.
DAY OFOCTORER. 1984.
AWEST /dCharlotte 1.. Stewart. City Clork
PASSED AND APPROVED THIS 9th
/d Wayne G. Salentine. Mayor
f
* ORDINANCE 8505
AN ORDINANCE TO CREATE CHAPTER 21 OF THE OF THE CITf OF MUSKEG0 ENTITLED
"S3WER UTILITY"
THE COMMON C0UNCI:L OF THE CITY OF MUSK
COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1 : Chapt,2r 21
City of Muskego is hereby create
Ordinance #505.
Sewer Utility ordinance of .the C
SECTION 2: A c0p.y of
in the office of the City Clerk
not less than tm weeks prior to
said ordinance is hereby incorpo
the City of Muskego.
SECTION 3: All Ordinances parts of ordinances
inconsistent with or contravenin
repealed.
SECTION 4: This 'Jrdina shall be in full force and
effect from and after its passag
PASSED AND APPR0V:ED DAY OF
1984.
May@ Wayne G. Salentine
ATTEST:
9/84
September 28, 1984
'0
Tiis Amended)
OFDINANCE # 505
AN ORDINANCE: TO CREATE CHAPTER 21
OF THE MUNICIPAL CODE OF THE
CITY OF MUSKEG0 ENTITLED
"SE:WER UTILITY"
SECTION I. Be it ordained by the Common Council of the City
of Muskego that Ch,apter 21 of the Municipal Code of
Ordinances of the City of Muskego is hereby created to
read as follows:
SECTION 11.
SE:WER UTILITY
21.01
21.02
21.03
21.04
21.05
21.06
21.07
21.09
21.08
21.10
21.11
21.12
21.13
21.14
21.15
21.16
21.17
21.18
21.19
21.20
21.01 CREATION
Creation
Application
Management
Rules and Regulations
Definitions
Sewer Service Charges and Reserve Capacity
Assessment
Annual Budget: 6 Method of Payment of Charges
Accounts and Funds
Accidental Discharges
Prohibited Di.scharges
Pretreatment Facilities
Sand and Grease Trap Installations
Wastewater Measurement and Sampling
Industrial Waste Analysis
Wastewater Di.scharge Permit System
Admission to Property
violations
Confidentiality of Critical Information
state Regulat.ions
MMSD Regu1ati.ons
The Common Council of the City of Muskego pursuant to
the provision of Sec. 66.067 Wisconsin Statutes, does
consisting of the wastewater treatment plants, collec-
hereby declare the City of Muskego owned sewer system,
tion system (as hereina€ter defined), waste collection
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'0
and disposal operations, system of sewerage and all
other appurtenances and equipment used for such pur-
public utility as of the date of this Ordinance.
poses, or Wastewater Works (as hereinafter defined) a
21.02 MANAGEMENT
(1) The operation, management and control of the util-
City of Muskego pursuant to the provisions of Sec.
ity is hereby vested in the Common Council of the
66.066 (1) Wisconsin Statutes and hereinafter re-
ferred to as the "Approving Agency". All records
of the utility shall be kept by the Clerk, Treasur-
er and Superintendent in the City Hall or other
officially designated place.
(2) The rules, reguLations and rates hereinafter set
forth shall be considered part of the contract with
water Works. Said rules, regulations and rates may
every individual or entity connected to the Waste-
City Council and the right is reserved to make
be changed from time to time as determined by the
special rates and contract in all proper cases.
(3) The Common Council shall cause an annual audit of
the books of the utility made by a private firm of
books and record!; relating to the utility available
Certified Public Accountants and shall make the
for inspection during regular business hours.
21.03 APPLICATION
The application to this Section, its rules, regulations
and rates shall apply to all individuals, firms, cor-
porations and institutions residing within the corpor-
ate limits of the Ctty of Muskgo or its sewer service
area and any person, firm or corporation, by attachment
or otherwise coming in to locate within the City of
Muskego subsequent to the effective date hereof.
21.04 DEFINITIONS OF TERMS
The meaning of terms used in this ordinance shall be as
follows:
(1) "Act" shall mean the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.) as amended by the
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Federal Water Pollution Control Act Amendments of
1972 (Pub. L. 9i:-500) and Pub. L. 93-243, or modi-
fied by Chapter 147, Statutes of the State of
Wisconsin or appropriate section Wisconsin Admini-
strative Code ad,spted pursuant to Chapter 147.
(2) "Approving Authority" shall mean the Common Council
of the City of Muskego or its duly authorized
deputy, agent or representative.
(3) "BOD" shall mean the quantity of oxygen expressed
in milligrams Fer liter (mg/l), utilized in the
bio-chemical oxidation of organic matter under
standard 1aborat.ory conditions for five days at a
temperature of ;!O degrees centigrade. The labora-
with procedures set forth in "Standard Methods". tory determinations shall be made in accordance
(4) "Building Sewer", "Lateral" or "Service Pipe" shall
mean a sewer wh:ich carries only Sewage and Indus-
trial Wastes from the building plumbing to the
Public Sanitary Sewer. This pipe shall also be
defined as one cm3nnection per pipe.
(5) "Collection System" shall mean the system of sewers
and appurtenances for the collection, transporta-
tion and pumpinq of domestic wastewater and indus-
trial waste.
(6) "Debt Retirement" shall mean all annual principal
and interest requirements and obligations of the
City for the Wastewater Works, including the capi-
tal charges from the contract for service with the
Milwaukee Metropolitan Sewerage District dated May
19, 1983, and anvended from time to time.
(7) "Domestic Wastewater" shall mean water-borne wastes
normally being discharged from the sanitary conven-
office buildings, factories and institutions, free
iences of dwellings, apartment houses, hotels,
of industrial !wastes and in which the average
concentration of suspended solids is established at
or below 250 mg/'l and the BOD is established at or
below 200 mg/l.
(8) "Flow Proportional Composite Sample" shall mean a
sample consisting of portions of waste taken in
proportion to the volume of flow of said wastes.
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(9) "Industrial user" shall mean any nongovernmental,
nonresidential user of publicly owned Wastewater
Works which discharges more than the equivalent of
25,000 gallons per day (GPD) of sanitary wastes and
whose activiti,?~ are identified in the Standard
Management and 13udget, as amended and supplemented,
Industrial Classification Manual, 1972, Office of
under the following divisions: 1) Division A.
Agriculture, Forestry and Fishing. 2) Division B.
Mining. 3) Division D. Manufacturing. 4) Division
and Sanitary Services.. 5) Division I. Services. In
E. Transportation, Communications, Electric, Gas
determining if a user is in the industrial classi-
fication, the City may exclude domestic wastes or
discharges fro~n sanitary conveniences. After
applying the sanitary waste exclusion, dischargers
in the above divisions that have a volume exceeding
25,000 GPD or the weight of biochemical oxygen
demand (BOD) or suspended solids (SS) equivalent to
that weight found in 25,000 GPD of sanitary waste
are considered industrial users. Sanitary wastes,
for purposes of this calculation of equivalency,
are the waste discharges from residential users.
Any nongovernmental user of a publicly owned Waste-
Wastewater Work!: which contains toxic pollutants or
water Works which discharges wastewater to the
poisonous solids, liquids or gases in sufficient
quantity either singly or by interaction with other
wastes, to contaminate the sludge of any municipal
system, or to injure or to interfere with any
hazard to humans or animals, creates a public
sewage treatment process, or which constitutes a
nuisance, or creates any hazard in or has an ad-
verse effect on the waters receiving any discharge
from the treatment works, shall be an industrial
user, even if it does not discharge the equivalent
of 25,000 gallons per day of sanitary waste.
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(10) "Industrial Waste" shall mean any water-borne
solids, liquids or gaseous wastes other than do-
mestic wastewater, resulting from discharging from,
flowing from or escaping from any commercial,
industrial, manufacturing or food processing opera-
natural resource, or any mixture of these with
tion or process or from the development of any
water or domestic wastewater.
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,. (11) "Intercepting Sewer" shall mean a sewer constructed
to receive the dry weather flow of untreated or
inadequately treated sewage from one or more ex-
dwelling or building that presently discharges or
isting sanitary system terminals other than from a
formerly discharged flow directly into any waters
of the state, and convey the flow to a treatment
works, or is to serve in lieu of an existing or
proposed treatment works.
(12) "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, lake or other body of
surface or ground water.
(13) "Normal Sewage" shall mean sanitary sewage in which
B.O.D., Suspended Solids, or phosphorus concen-
trations do not exceed normal concentrations of:
(a) A five-day 20 degree C., B.O.D. of not more
(b) A suspended Solids concentration of not more
(c) Phosphorus not more than 12 parts per million.
than 200 parts per million;
than 250 parts per million; or
(14)"Operation and Maintenance Cost" shall mean the
actual sums spent by the utility in the operation
and maintenance of its Wastewater Works consisting
of but not limited to, each and all of the follow-
ing purposes:
a. Wages and salaries and employees related ex-
penses of operating', maintenance, clerical,
laboratory and supervisory personnel, together
with fringe benefits and premiums paid on such
wages and s.3laries for the State of Wisconsin
workmen's compensation coverage.
b. Electrical power.
c. Chemicals, fuel and other operating supplies.
d. Repairs to and maintenance of the equipment
associated therewith.
e. premiums for hazard insurance.
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f. Premiums for insurance providing coverage
against liability for the injury to person
and/or property.
9. Rents and leasing costs.
h. Operation, .Licensing and maintenance costs for
trucks and heavy equipment.
i. Consultant and legal fees.
j . Replacement.
(15) "Per Flow Portion" shall mean the estimated dis-
charge flow of sewage from all users of the system
divided by the t.otal flow of the system.
(16) "Per Connection Portion" shall mean the estimated
the total flow clf the system.
infiltration/inflow portion of the flow divided by
(17) "Persons" shall mean any and all persons, natural
or artificial, including any individual, firm
company, municipal or private corporation, associa-
tion, governmental agency or other entity and
agents, servant:. or employees.
(18) "pH," shall mean the logarithm (base 10) of the
pressed in moles per liter. It shall be determined
reclprocal of the hydrogen ion concentration ex-
Methods".
by one of the procedures outlined in the "Standard
(19) "public Sewer" shall mean a sewer in which all
owners or abutting properties have equal rights,
and is controlled or owned by public authority.
(20) "Replacement" shall mean expenditures for obtaining
tenances which are necessary during the useful life
and installing equipment, accessories and appur-
of the treatment works to maintain the capacity and
performance for which such works were designed and
constructed.
(21) "Residential Equivalency Charge" shall mean a
charge levied 01-1 users for operation, maintenance
and replacement costs.
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(29
(22) "Residential Equivalent Connection" (REC) shall
mean the amount of normal sewage discharged by one
average household. The flow associated- with one
residential equivalent connection shall be computed
gallons per capj. ta per day.
by multiplying the City occupancy factor times 62
(23) "Sanitary Sewer" shall mean a sewer that conveys
domestic wastewtxer or industrial waste or a combi-
nation of both, and into which storm, surface and
ground waters or unpolluted industrial wastewater
are not intentionally passed.
(24) "Sewer use Charge" shall mean a charge levied on
users for Operation and Maintenance and Replacement
costs, based on a cost per Residential Equivalent
Connection and number of connections.
(25) "Slug" shall mean any discharge of water or waste-
water which in concentration of any given consti-
tuent or in quantity of flow exceeds for any period
longer than fift.een (15) minutes more than five (5)
times the averge twenty-four (24) hour concentra-
tion or flows Iduring normal operation and shall
adversely affect the collection system and/or
performance of the wastewater treatment works.
(26) "Standard Methods" shall mean the examination and
edition of "Standard Methods for the Examination of analytical procedures set forth in the latest
Water and Wastewater" as prepared, approved and
published joirtly by the American Public Health
Association, American Water Works Association and
the Water Pollution Control Federation.
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(27) "Storm Sewer" shall mean a sewer which carries
storm and surface drainage but excludes domestic
wastewater and i.ndustria1 wastes.
"Superintendent"' shall mean the Superintendent of
the Wastewater 'iorks who shall be in charae of and
supervise the operations and functions of the
utility.
"Suspended Solids" shall mean solids that either
water, sewage or other liquids, and which are
float on the surface of, or are in suspension in
removable by a laboratory filtration device.
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Quantitative dstermination of suspended solids
shall be made in accordance with procedures set
forth in "Standard Methods".
(30) "Unpolluted Water" is water of quality equal to or
better than the effluent criteria in effect or
water that would not cause violation of receiving
water quality standards and would not be benefited
treatment facilities provided.
by discharge to the sanitary sewers and wastewater
(31) "User" shall mean any person discharging domestic
wastewater or industrial wastes into the collection
system.
(32) "Utility" shall mean the City of Muskego sewer
utility established by this Ordinance (Chapter 21).
(33) "Waste" shall mean any solids, liquid or gaseous
material or combination thereof discharges from any
residences, business building, institutions and
industrial establishments into the collection
system or storm sewer.
(34) "Wastewater" shall mean a combination of the water-
-carried waste discharged into the collection
system from residences, business buildings, insti-
tutions and industrial establishments, together
with such ground surface and storm water as may be
present.
(35) "Wastewater Pumping Station" shall mean a pumping
facility utilized to pump wastewater within the
collection system.
(36) "Wastewater Trc!atment Facilities" shall mean any
Utilitv owned facilities, devices and structures .. used for receiving and treating wastewater from the
utility collection system.
(37) "Wastewater Works" shall mean all facilities for
collecting, pumping, treating and disposing of
domestic wastew.3ter and industrial wastes.
(38) "WPDES Permit" shall mean a permit to discharge
pollutants obtriined under the Wisconsin Pollutant
Discharge Elimination System (WPDES) pursuant to
Chapter 147 of the State of Wisconsin Statutes.
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21.05 RULES AND REGULATIONS
(1) Declaration of Policy: The Common Council of the
City of Muskego finds and declares that the public
hanced by the provisions of the Wastewater Works in
health, comfort and safety is preserved and en-
the promotion of a clean and healthful environment
and that the failure to connect to the Wastewater
Works is contrary to minimum health standards.
(2) Connections:
a. To assure preservation of public Health, com-
fort and s.sfety, the owner of any houses,
buildings, or properties used for human occu-
pancy, employment, recreation, or other habita-
tions, situated within the City and adjacent to
a Public Sewer or in a block through which a
public Sewer extends, is hereby required at his
expense to install suitable toilet facilities
therein, and to connect such facilities di-
rectly with the proper Public sewer in accor-
dance with the provisions of this Ordinance,
within nine (9) months after the Public Sewer
first becomes operational or if an immediate
ceipt of notice from the Health Officer or City
health hazard exists within 30 days upon re-
Building Inspector.
b. Where the costs for connection exceeds the
benefit accruing to the property because of t5e
availability of sewers, the Common Council
shall have the option of granting a hardship
deferment for connection.
c. ~f a person fails to comply with the said
notice to connect within the given period of
time the City may, at its option:
1. Cause such connection to be made and bill
the property owner for such costs. If such
costs are not paid within 30 days, such
costs shall be assessed as a special tax
lien against the property, unless the owner
within 30 days after the completion of the
work, files a written option with the City
Clerk stating that he cannot pay such
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amount in one sum and asking that it be
levied in not to exceed 5 equal annual
collect8.d with interest at the rate of 9%
installaents, and the amount shall be so
per annum from the completion of the work,
the unpaid balance to be a special tax
lien; or
2. Impose a standby charge for the period that
such failure continues, after 10 days
written notice to any owner failing to make
a connection to the Wastewater Works or an
amount equal to 150% of the Residential
Equivahncy Charge payable monthly for the
period in which the failure to connect
continues, and upon failure to make suzh
payment said charge shall be levied as a
tax against the lot or parcel to which
sewerage service was furnished.
(3) Alternative Disposal prohibited
a. NO person shall construct or maintain any privy
vault, septic tank, cesspool, or other facility
intended to be used for the disposal of domesic
wastewater, if a public sewer is available.
b. No person s'hall discharge to any Natural Outlet
within the (City or in any area under the juris-
diction of the City, sewage or other polluted
waters, except where suitable treatment has
been provimjed in accordance with subsequent
provisions ,>f this Ordinance.
(4 ) plumbers :
No plumber, pipe fitter, or other person will be
permitted to do any plumbing or pipe fitting work
first receiving a license from the State of wiscon-
in connection with the Wastewater Works without
direction of the City this requirement is not
sin. If the >work is performed by or under the
applicable.
(5) Maintenance of services:
All sewer services within the limits of the City
from the street main to the property line and in-
cluding all cc.ntrols between the same, shall be
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maintained and repaired without expenses to the
City except when they are damaged as a result of
negligence or carelessness on the part of the City
of the City. A11 Building Sewers and all facili-
in which case they will be repaired at the expense
ties throughout the premises served must be main-
tained free of defective conditions, by and at the
expense of the owner or occupant of the property
served. If any repairs are made by the City, the
City will issue a statement for the expenses of the
repairs to the property owner who shall pay said
statement within 30 days of receipt. Failure to
pay shall result. in the charges being placed on the
tax roll as a special charge under 66.60(16).
(6) users:
a. Application for service: Every person request-
ing connection to the Wastewater Works shall
in such form as is prescribed for that purpose.
file an application in writing to the utility,
Blanks for :such applications will be furnished
at the office of the City Clerk. The applica-
tion must :state fully and truly all the use
which will be presently made. 1f any change in
use from that set forth in this application is
contemplated, the user must obtain further
application and permission from the utility.
If the applicant is not the owner of the pre-
mises, the written consent of the owner must
accompany the application.
The applicat.ion 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 contem-
plated use, the Utility may reject the applica-
tion. If the utility approved the application,
it shall issue a permit for services as shom
on the application.
wastewater works shall be paid by the applicant
All expenses relating to the connection to the
or owner.
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b. Tap Permits:: After sewer connections have been
introduced into any building or upon any pre-
mises no plumber shall make any alterations,
ordering such tapping or other work shall
extensions, or attachments, unless the party
obtain and exhibit the proper permit for the
same from the City.
c. User to Keep in Repair: All users shall keep
protected Erom frost, at their own risk and
their own service pipe in good repair and
expense; and shall prevent any unnecessary
overburdening of the Wastewater Works. The
user is responsible for their service pipe from
the sewer main through their premise.
d. user use Only: No user shall allow other
persons to connect to, or permit other uses to
be made of, the Wastewater works through his
lateral.
e. user to Permit Inspection: Every user shall
permit the City or its duly authorized agent,
at all reasonable hours of- the day, to enter
their premises or building to examine the pipes
and fixtur'es, and the manner in which the
must at all times, frankly and without conceal-
drains and sewer connections operate; and they
ment, answer all questions put to them relative
to its use.
f. Responsibili2: No claim shall be made against
the City or Its agents or employees by reason
of the breaking, c-logging, stbppage, 0; freez-
arising from repairing mains, making connec-
ing of any service pipe: nor from any damage
be deemed necessary by the City absent gross
tions or extensions or any other work that may
The City may cut off the service at any time
negligence clf the City its agents or employees.
for the purpose of repairs or any other neces-
sary purpose, any permit granted or regulation
to the contrary notwithstanding. Whenever it
shall become necessary to shut off the sewer
service within any areas of the City, the City
shall, if practicable, give notice to each
affected user.
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a.
b.
C.
In making excavations in streets or highways
for laying service pipe or making repairs, the
manner that will occasion the least inconven-
paving and earth moved must be deposited in a
ience to the public.
No person shall leave any such excavation made
without barricades; and during the night,
in any street or highway open at any time
warning lights must be maintained at such
excavations.
All services within the public right-of-way
shall have their trenches backfilled with
material is ,approved by the City; and this work
compacted sand and gravel unless the excavated
paving must Ibe done so as to make the street as
together with the replacing of sidewalks, and
good, at least, as before it was disturbed, and
streets for tapping the pipes will be permitted
satisfactory to the City. NO opening of the
when the gro;und is frozen.
(8) Laterals
a. All laterals on private property will be in-
stalled in accordance with state of Wisconsin
Administration Code Chapter ILHR 82 04(4)
"Building Sewers" as from time to time amended.
b. The Building Sewer shall be inspected by the
City Plumbing Inspector or his designee upon
completion of placement of the pipe and befoie
backfilling; and tested before and after back-
filling.
(9) Tapping the Mains: -
a. No persons, except those having special pennis-
sion from the City or persons in their service
any circumst.ances to tap the public Sanitary
and approved by them, will be permitted, under
with the public sanitary Sewers shall be that
Sewers. The kind and size of the connection
specified in the permit or order from the
City.
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b. Pipes shoulmj always be tapped at the top, and
not within six inches (15 cm) of the joint, or
within 24 inches (60 cm) of another lateral
connection.
c. When any Lateral is to be relaid and there are
all but one of the parcels shall be discon-
two or more parcels connected to the Lateral,
nected from such lateral and new Laterals shall
be installed for the remaining Parcels.
21.06 SEWER SERVICE CHARGES, CONNECTION CHARGES AND RESERVE
CAPACITY ASSESSMENTS
(1) Basis for Sewer Service Charges:
parts, the operation, maintenance and replacement
The Sewer service charge shall be based on two
charge plus the debt service charge.
(2) Operation, Maintenance and Replacement:
a. A residential equivalency charge is hereby
imposed upon each lot, parcel of land, building
or premise served by the Wastewater Works or
otherwise discharging sewage, including non-
domestic and industrial wastes, into the sys-
ment charge shall be payable as herein provided
tem. Such operation, maintenance and replace-
and shall b'e on the basis of one unit for each
residential equivalent unit and one connection
for each lateral or service pipe.
b. On or before September 1st of every year the
City Clerk of the City of Muskego shall recom-
pute the assignment of residential equivalent
units and number of connections to all users
within the system. Said assignment method
shall apply only to buildings that are attached
mation of residential equivalent units will
to the sanitary collection system. Said sum-
then be divided into the billable per flow
portion of the yearly operation, maintenance
and replacement costs to arrive at the flow
charge per residential equivalent unit. The
divided into the per connection portion of the
summation of the number of connections will be
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D
operation, maintenance and replacement costs to
arrive at the charge per connection. The total
charge to an individual user shall be the sum
of the number of assigned REC's times the
charge per :?EC plus the number of connections
times the charge per connection.
(3) Debt service Cha-
A debt service charge is hereby imposed upon all
users of the Wastewater Works based upon debt
Muskego shall recompute the debt service charge
service costs. The City Clerk of the City of
annually by dividing the proposed net yearly debt
service budget as provided in Section 21.07 of this
Ordinance into :I flow portion and a per connection
portion. The billable flow portion of the debt
service charge shall be divided by the total number
of residential equivalent units to arrive at the
charge per residential equivalent unit. The con-
divided by the total number of connections to
nection portion of the debt service charge shall be
arrive at the charge per connection. The Resi-
dential Equivalency Chart is attached as Appendix
"A" of this Ordinance.
(4) Total Sewer Service Bill
The total sewer service bill a user will receive
will be the summation of the various elements
maintenance charge from either the Town of Norway
previously described; that being the operation and
plus the City operation, maintenance and replace-
or the Milwaukee Metropolitan Sewerage District
ment charge per REC plus the City operation main-
tenance and replacement connection charge plus the
debt service charge per REC plus the debt service
charge per connection.
(5) Industrial and Commercial Charges for Other Than
Domestic Wastewater
Charges made far Wastewater other than Domestic
Wastewater shall be based on Flow, B.O.D., Sus-
pended Solids, Phosphorus and such other consti-
treatment. All persons discharging wastes into the
tuents which affect the cost of collection and
Wastewater Works are subject to a surcharge, in
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b
addition to any #other wastewater service charge, if
their wastewater has a concentration greater than
Domestic Wastewater concentrations. The volume of
flow used for computing waste surcharges shall be
the metered water consumption, or the actual volume
of waste as determined by an industrial waste
metering installation. The amount of surcharge
shall reflect the cost incurred by the City or The
Milwaukee Metropolitan sewerage District (MMSD) in
removing B.O.D., Suspended solids, Phosphorus, and
other pertinent constituents. The commercial or
industrial charge shall be made up of the actual
wholesale user #charge from the MMSD submitted to
the City pursuant to Chapter 17 of the MMSD rules
plus the REC and connection charges for the City's
debt service costs.
operation, maintenance and replacement costs and
(6) Initial Construction Fee
For each new lateral or service connection there
shall be charged a fee of $500.00. This fee shall
be paid to the City at the time of building permit
or plumbing permit issuance.
(7) Reserve Capacity Assessments
There is hereby levied and assessed upon each lot
or parcel of larld currently with the City, but not
Works and upon land subsequently attached to the
having an existing connection to the Wastewater
City, a Reserve Capacity Assessment (RCA). Such
RCA charge shall be payable as herein provided and
residential equivalent connection connected to the
shall be on the basis of one RCA charge for each
Wastewater Works.
For the purpose of this chapter, sewer reserve
capacity assessments in the City shall be classi-
fied as existing users and future users.
a. Existing users -
1. Property owners whose improved lot has been
connectes3 to City sewer prior to January 1,
1985 will pay a reserve capacity assessment
of $250 per residential equivalency connec-
t ion.
-16-
*
2. Properties being served prior to public
sewer connection by septic systems, mounds
and holding tanks will pay this assessment
on or before November 1 in the year the
plumbing permit is obtained to connect to
the sewer except if said permit is obtained
assessment will be paid on or before Novem-
after November 1 in any calendar year, the
ber 1 of the next calendar year. This $250
assessment shall increase by $22.50 per
residential equivalency connection per year
commencing January I, 1986.
b. Future Users
1. Properties where public sewer connection
takes place or additional capacity is made
available after January I, 1985 and whizh
are not being ser'ved by a septic system,
mounds or holding tank, will pay a reserve
capacity assessment of $1,500 per residen-
November 1 of the year of connection or the
tial equivalency connection on or before
available except if said connection or
year when additional capacity is made
additional capacity is made available after
sessment will be paid on or before November
November 1 in any calendar year, the as-
1 of the next calendar year. This reserve
capacit!! assessment will increase by $135
each January 1 commencing on January 1,
1986.
2. The number of residential equivalency units
for all categories of future users reserve
capacity assessment purposes shall be
determined by the City Engineer at the time
of issuance of a building permit based as
far as possible on the residential equiva-
lency, which determination may be appealed
to the City of Muskego Public Sewer Commit-
tee within 60 days of said determination.
All determinations of the number of resi-
dential equivalency units shall take into
consideration potential future use a.ld
necessary capacity.
-17-
c. Installment ~?ayments
1. The assessments for those connecting to the
City of Muskego sewer system on or before
September 7, 1984 may be paid in cash in
full on or before November 1, 1984 or in
five (5) equal annual installments of
principal together with 12 months interest
per installment at the rate of 9% per annum
on the unpaid balance commencing on Novem-
ber I, 1984 and said first installment
being due on the date when real estate
taxes ars? due and annually thereafter. All
paid by (the date specified shall be extend-
assessments or installments which are not
ed upon the tax roll as a delinquent tax
against (the property and all proceedings in
relation to the collection, return and sale
of property for delinquency real estate
taxes shall apply to such special assess-
ment, except as otherwise provided by
statute. Existing users as defined above
who are not connected will be given the
five installment method provided, however,
payable on or before November 1 in the year
the first installment shall be due and
the plumbing permit is issued except if
said permit is obtained after November 1 in
any calendar year, the assessment will be
paid on or before November 1 of the next
calendar year.
2. Future users may pay their assessment in
five (5) equal annual installments of
principal together with 12 months interest
per installment at the rate of 9% per annum
commencing on November 1 in the year of
connection or in the year additional ca-
pacity .is made available except if said
connection or additional capacity is made
available after November 1 in any calendar
next cahndar year and said first install- year, then commencing on November 1 of the
ment being due on the date when real es-
tate taxes are due and annually thereafter.
All assessments or installments which are
not paid by the date specified shall be
extended upon the tax roll as a delinquent
-18-
tax against the property and all proceed-
ings in. relation to the collection return
and sale of property for delinquency real
estate taxes shall apply to such special
assessment, except as otherwise provided by
statute.
(8) Ready-to-Serve Charge: The owner of each premise
to which sewer service has been provided by the
City but not connected to the Wastewater Works for
sewer service shall pay for the availability there-
of a "ready-to-serve charge" equal to the raLe
provided by Section 21.06 (3). Any "ready-to-serve
charge" becoming effective during any year shall be
charged on a pro rata basis for that year in which
such charge becomes effective.
(9) Vacant Buildings -
a. The sewerage service charge for any previously
connected vacant commercial or industrial
building shall be equal to the operation, main-
tenance and replacement connection charge plus
the debt service connection charge. Such
quarterly period in which such building becomes
charge will! become effective at the end of the
owner, or his agent, notifies the City Clerk in
vacant and only upon the condition that the
writing of such vacancy and upon inspection
thereof by the Building Inspection Department
to determine that such building is vacant. The
sum of $30.00 shall be paid by the owner, or
The fee for said inspection shall be paid prior
his agent, to the City for such inspection.
to the inspection being made.
b. It shall be the duty of the owner of any va-
cant commercial or industrial building to
notify the City Clerk in writing within fiJe
any portion. thereof, is re-occupied. The sewer
(5) days from the date any such building, or
user charge for the quarter that any such
building or any portion thereof is re-occupied
shall be prorated for such quarter.
c. If such owl-,er fails to notify the City Clerk of
re-occupancy. of said building, or any portion
thereof as herein provided, then 200% of the
-19-
a
I
sewer user ,:barge shall be assessed against
said building until such notice is received.
The notice to be given shall describe the
premises and uses involved and the date the
premises are re-occupied.
(10) Special Rates: It is understood, however, that the
approving authority may at any time hereafter, set
special rates for any large commercial service,
industrial use or any other unique user that does
not readily fit into other categories of users.
21.07 ANNUAL BUDGET & METHOD OF PAYMENT OF CHARGES
Annually before September lst, the City Clerk shall
prepare a budget for the following fiscal year
which shall be separated into sections, the first
for operation, maintenance and replacement and
second for debt service.
Revenues for the operation, maintenance and re-
placement budget shall include any projected year
end balance (excluding depreciation funds), operat-
permit fees, special rates, and sewer user charges.
ing fund investment income, contract revenues,
Expenditures for the operation, maintenance alld
replacement budget shall include all costs defined
year end deficit.
in Section 21.04 (14) ordinance plus any projected
The operation and maintenance budget shall balance
with the sewer use charge so that projected reve-
nues equal projected expenditures.
Revenues for the debt service budget shall include
any projected year end balances in the special
mental Financing Fund, projected Residential Equiv-
assessments funds, transfers from the Tax Incre-
alency Charges,, connection charges sinking fund
interest income, Reserve Capacity Assessments, and
property taxes.
Expenditures f.3r the debt service budget shall
include principal, interest, capital charges paid
to the Milwaukee Metropolitan Sewerage District and
-20-
the Town of Norway Sanitary District, premiums,
debt.
paying agency fees and other expenses related to
(7) Projected revenues for the debt service budget
shall exceed projected expenditures by 25% with
ditures.
charge increased until revenues are 125% of expen-
(8) Sewer Service charges may be billed yearly, quar-
terly, or monthly and shall be payable at the City
Clerk's office or at any other officially desig-
assessments 1evim.d and assessed in accordance with
nated location. Statements for such charges and
45 days from and after the date of the statement.
this Ordinance shall become due and payable within
In the event that any such statement or statements
added thereto.
are not paid when due, a penalty of 10% will be
(9) Billing: The property owner is held responsible
for all sewer bills on premises that he owns. All
the sewer service, will be addressed to the owner
sewer bills and notices of any nature, relative to
first class mail.
and/or occupant and delivered to the addressee by
(10) Failure to Receive Bill NO Penalty Exemption:
Everv reasonable care will be exercised in the
proper delivery (of sewer bills. Failure to receive
a sewer bill, however, shall not relieve any person
of the responsibility for payment of sewer rates
within the prescribed period, nor exempt any person
payment thereof.
from any penalty imposed for delinquency in the
(11) Delinquent Bills: On October 15 in each year,
notice shall beTiven to the owner or occupant of
all lots or parcs?ls of real estate to which service
has been furnished prior to October 1 and payment
for which is owing and in arrears at the time of
giving such notice. The sewer utility shall fur-
nish the City Treasurer with a list of all such
lots or parcel,; of real estate, and the notice
shall be given by the Treasurer. Such notice shall
be in writing and shall state the amount of such
arrears, including any penalty assessed pursuant to
the rules of such City; that unless the same is
-21-
paid by November 1, a penalty of 10% of the amount
of such arrears will be added thereto: and that
unless such arrears and penalty is paid by November
15, the same will be levied as a tax against the
lot or parcel of real estate to which service was
furnished and for which payment is delinquent as
above specified. Such notice may be served by
delivery to either such owner or occupant person-
ally, or by letter addressed to such owner or
occupant at the post office address of such lot or
parcel of real estate. On November 16, the Trea-
with the City C:Lerk a list of all lots or parcels
surer issuing the notice shall certify and file
of real estate, ‘giving the legal description there-
of and the amount of unpaid arrears and penalty.
Each such delinquent amount, including such pen-
alty, shall thereupon become a lien upon the lot or
parcel of real estate to which the service was
furnished and payment for which is delinquent, and
against such 1cmt or parcel of real estate. All
the City Clerk shall insert the same as a tdx
proceedings in relation to the collection of gener-
al property taxes and to the return and sale of
property for delinquent taxes shall apply to said
quired by law for payment of taxes upon real
tax if the same is not paid within the time re-
estate.
21.08 ACCOUNTS AND FUNDS
(1) The operation :maintenance and replacement fund
shall be used for payment of any items defined in
21.04 (15)
(2) The debt servic,e fund shall contain all revenues
transferred from special assessments, Tax Incre-
mental Financing Funds, property taxes, Residential
Equivalency Charges, Debt Service Charges, Initial
other sources intended for debt. This fund shall
Construction Fees, Reserve Capacity Assessments and
be used only for the payment of principal and
interest, MMSD and Town of Norway sanitary District
Capital Charges,. and fees directly related to debt
payment.
(3) The depreciation fund shall be used for the fol-
lowing purposes. e
-22-
a.
b.
C.
d.
e.
f.
Cost of the replacement of existing sewer
mains.
Cost of subs,titution of larger size for exist-
ing mains.
Cost of new primary sewer mains and instal-
payable by sratutory assessment.
lation of same in excess of such charge or cost
Cost of road repair required by such construc-
t ion.
Cost of contracted engineering service to
insure a planned program.
Renewals or expansion of the Wastewater Works
in excess of $5,000.00.
21.09 PROHIBITED DISCHARGES
(1) NO person shall discharge or cause to be discharged
any storm water, ground water, roof runoff, yard
overflow into the collection system: unpolluted
drainage, yard fountain, swimming pool or pond
sewers or to a natural outlet.
water or waste shall be discharged to only storm
(2) No person shall discharge or cause to be discharged
to the collection system either directly or indi-
rectly any of the following described wastes or
wastewater:
a.
b.
C.
Any liquid having a temperature higher than 150
degrees Fahrenheit (65 degrees Centigrade).
Any wax, grease, or oil, plastic or any other
substance th.st will solidify or become discern-
ibly viscous at temperatures between 32 degrees
to 150 degrees Fahrenheit (0 degrees to 675
degrees Centigrade).
Any solids, liquids or gases which by them-
selves or by interaction with other substances
may cause Eire, explosion, hazards, create
toxic fumes or in any other way be injurious to
persons or property involved in the operation
or maintenance of the Wastewater Works.
-23-
d. Solid or 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 Works, such
as, but not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground gar-
bage, whole blood, paunch manure, hair and
containers, etc., either whole or ground by
fleshings, entrails, paper dishes, cups, milk
garbage grinders.
e. Any garbage that has not been properly commi-
nuted or shredded to such a degree that all
particles will be carried freely in suspension
in the municipal sewers. (100% passing 1/2"
screen, 90% passing 1/4" screen).
f. Any noxious or malodorous substance, which
either sinqly or by interaction with other
substances .is capable of causing odors objec-
tionable to persons of ordinary sensitivity.
g. Any wastes or wastewater having a pH lower than
property capable of causing damage or hazards
5.5 or higher than 9.0 or having any corrosive
to the Wastewater Works or personnel.
h. Any wastes or wastewater of such character and
quantity that unusual attention or expense is
Works.
required to handle them in the Wastewater
i. Any wastewater or wastes containing a toxic or
poisonous substance such as plating or heat
treating w.3stes in sufficient quantity to
injure or i.nterfere with wastewater treatment
animals, to create any hazard in the Wastewater
process, to constitute a hazard to humans or
Works, or which would cause the Utility Waste-
water treatment facilities to discharge any of
excess of the limitation as established in the
the following pollutants in quantities in
Wisconsin Administrative Code or WPDES Permit:
cyanide, - hexavalent chromium, trivalent chromi-
urn, copper, nickel, cadmium, phenols, iron and
tin. -
-24-
j. Any radioactive wastes greater than allowable
releases as specified by current United states
Bureau of Standards Handbooks dealing with the
handling and release of radio-activity.
k. Free or emulsified oil and grease exceeding on
analysis an average of 100 mg/l of either or
both or cornbinations of free or emulsified oil
tendent it appears probable that such wastes or
and grease, if, in the opinion of the Superin-
wastewater:
1. Can deposit grease or oil in'the collection
system in such manner to cause it to clog.
2. Are not amenable to bacterial action and
will therefore pass to the receiving waters
without being affected by normal wastewater
treatment processes.
3. Can have deleterious effects on the waste-
water treatment process due to the exces-
sive quantities.
1. Any cyanides or cyanogen compounds capable of
excess of one-half (0.5) mg/l by weight as
liberating hydrocyanic gas or acidification in
cyanide in ,the wastes.
m. Wastes or wm3stewater which:
1.
2.
3.
4.
Cause unusual concentrations of solids or
suspended solids of inert nature (such a
composition: as for example, in total
solids (such as sodium chloride, or sodium
Fuller's Earth) and/or in total dissolved
sulfate).
Cause e:rcessive discoloration in the waste-
water t:ceatment facilities discharge.
Has BOE in excess of 900 mg/l based upon a
24-hour composite sample.
Has a ts2tal BOD or suspended solids loading
in excess of the wastewater discharge
permit ,described in section 21.15.
-25-
0
5. Is discharged without application for a
wastewater discharge permit or contractual
agreement as required under Section 21.15.
6. Cause damage to the collection system or
impair the treatment process.
(3) No person shall allow the discharge of slugs of
water or wastes to the collection system which may
be harmful to the operation of the Wastewater
Works. Where, in the opinion of the Superinten-
dent, slugging does occur, each person producing
such a discharge into the collection system shall
construct and maintain at his own expense, a stor-
age reservoir of sufficient capacity with flow
control equipment to insure an equalized discharge
over a 24-hour period.
(4) No person shall discharge any waste or wastewater
which would cause the wastewater treatment facili-
of their WPDES permit.
ties to be in vtolation of any of the requirements
(5) No person shall. connect to and discharge to the
collection system, unless there is capacity avail-
Works as determined by the City Engineer.
able in all downstream components of the Wastewater
21.10 ACCIDENTAL DISCHARGES
Any person who accidentally discharges wastes or waste-
water prohibited under Section 21.09 shall immediateiy
report such discharge to the Superintendent.
21.11 PRETREATMENT FACILITIES
(1) The Approving Authority may require pretreatment
facilities of an!! person discharging or planning to
discharge industrial waste, if the waste or waste-
water:
a. Could cause damage to the collection system.
b. Impair the treatment process.
-26-
C.
d.
e.
Cause the Ci.ty to incur treatment costs exceed-
ing those of domestic wastewater.
Have any of the characteristics of the "Prohibi-
ted Discharges" described in Section 21.09 Ordi-
nance.
Cause the wa.stewater treatment facilities to
exceed its total design loading for volume, BOD,
suspended solids or any pollutant.
(2) Construction, operation and maintenance of pretreat-
ment facilities shall be at the expense of the
person discharging the industrial waste. '
(3) Plans, specificat,ions and any other pertinent infor-
mation relating 'to proposed pretreatment facilities
and City Engineer prior to the start of qonstruc-
shall be submitted for review of the Superintendent
t ion.
(4) In accordance with Wisconsin Administrative Code NR
114, all pretreatment facilities shall be operated
by qualified personnel holding a license of the
proper class issued by the Wisconsin Department of
Natural Resources;.
21.12 SAND AND GREASE TRAP INSTALLATIONS
Grease, oil and sand interceptors shall be provided at
repair garages, gasoline stations, car washes and other
handling of liquid we.stes containing grease in excessive
industrial or commercial establishments for the proper
amounts, oil, flammable wastes, sand and other harmful
accordance with the Wisconsin Plumbing Code and shall be
ingredients. All interceptors shall be constructed in
located as to be rea'jily and easily accessible for easy
cleaning and inspection. All grease, oil and sand
expense, in continuous, efficient operation at all
interceptors shall he maintained by the owner, at his
times .
21.13 WASTEWATER MEASUREMENT AND SAMPLING
(1) Wastewater flow:; shall be assigned in accordance
with the Residential Equivalency Charge Chart in
Appendix A. unless:
-27-
(a) The owner of any lot, parcel of land, building
or premises discharging domestic wastewater or
industrial waste into the collection system
be installed as approved by the superintendent
requests that the necessary metering equipment
discharged to the collection system. All costs
to measure the quantity of water pumped or
for metering equipment, installation, readings,
calibrations, and verifications shall be paid
for by the user. The user charge shall be based
on the quanttty of water so measured. Whenever
the person fails to install such metering equip-
ment, or where it is not practicable to measure
the water consumed on any premises by a meter or
meters, the Superintendent shall determine the
estimated vol.ume of water discharged into the
Wastewater Works.
(b) The user shall be required to verify the ac-
curacy of the water metering equipment at the
following minimum intervals:
Water Meters
size In. Test Interval - Yr.
5/8, 3/4, 1 8
1-1/2 and 2 4
3 and 4 2
6 and over 1
(c) Sewer meters shall be tested and certified every
6 months.
(d) The meter testing shall be performed by an
approved meter manufacturer and results shall be
issued to the City.
(e) The City shall establish a yearly charge for
each metered user to recover its costs for
readings, records and billing costs.
(2) The Superintendent may require the installation of
devices for metering the volume of waste discharged
if those volumes cannot otherwise be determined or
day. The meterilig devices shall be owned and main-
if the user discharges over 25,000 gallons on a?y
tained by the pe:cson and may not be removed without
consent of the Superintendent.
-28-
D
b
D
Control Manholes: All persons discharging indus-
trial wastes into the Wastewater Works shall con-
struct and maintain control manholes in suitable and
accessible positions on public property or easement
to facilitate Ikhe observation, measurement and
sampling of all his wastes or wastewater. Control
manholes shall be located and constructed in a
manner approved by the Superintendent. Plans shall
be submitted and approved by the Superintendent
prior to construction.
21.14 INDUSTRIAL WASTE ANAL.YSIS
The utility will collect samples and perform lab:
oratory tests on industrial waste discharges as
necessary to ve:cify the quantity of flow and char-
The utility test results shall be used to determine
acter and concentration of an industrial waste.
the applicable surcharge.
Waste or wastewater discharge may be sampled man-
ually or by the use of mechanical equipment as
necessary to obtain a representative 24-hour com-
posite sample. Samples shall be taken at intervals
to be established by the discharge permit under
section 21.15.
When Wisconsin Administrative Code Sections NR 101
or NR 202 require the submittal of the character,
and concentration of wastes, waste volume, and
production information to the utility or Wisconsin
Department of Natural Resources (DNR), the user
shall have the waste character and concentration
determined by an independent testing laboratory. A
copy of the test results and DNR reports shall be
submitted to the Superintendent.
All measurements and test analysis of the charac-
teristics of industrial wastes shall be determined
in accordance wi.th “Standard Methods”.
21.15 WASTEWATER DISCHARGE PERMIT SYSTEM
(1) Wastewater Discharge Permit: A wastewater dis-
charge permit is required under this section if a
person’s discharge into the utility Wastewater
Works has any of the following characteristics:
-29-
D a. A BOD greater than 200 mg/l.
b. A suspended solids concentration greater than
250 mg/l.
c. A volume of 25,000 gallons per day or greater
is discharged by any user at one or more points
of discharge.
d. Any of the characteristics listed under Section
21.09.
Any such persons planning to discharge, changing
discharge permit has expired shall make applicatiQn
the characteristics of their discharge or whose
to the Superintendent within 60 days prior to the
discharge. All persons currently discharging shall
make application to the Superintendent within 60
days after passage of this ordinance and must have
an executed permit within 60 days of application to
discharge or discontinue discharging. A discharge
permit will be required for each separate point of
discharge into the Wastewater Works. NO person
shall discharge waste or wastewater into the Waste-
water Works without a wastewater discharge permit,
ifthis section.
(2) Permit Application: Users seeking a wastewater
discharge permit shall complete and file with the
Superintendent an application on the form pre-
application, the user shall submit the following
scribed by the Superintendent. In support of this
information:
a. Name, address and standard, industrial class-
ification number of applicant.
b. Average daily volume of wastewater to be dis-
charged.
c. Wastewater constituents and characteristics as
determined by a method approved by the Super-
intendent.
d. Time and duration of discharge,
e. Average and peak wastewater flow rates, in-
cluding daily, monthly and seasonal variations,
if any.
b
k
-30-
t.
f. Site plans, floor plans, mechanical and plumb-
ing plans and details to show all sewers and
appurtenances by size, location and elevation.
9. Description of activities, facilities and plant
processes on the premises including all ma-
could be, discharged.
terials and types of materials which are, or
h. Each product produced by type, amount and rate
of production.
i. Number and type of employees, and hours of
work .
j. Any other information as may be deemed by the
superintendent to be necessary to evaluate the
permit application.
The Superintendent will evaluate the data furnished
by the user and may require additional information.
After evaluation and acceptance of the data fur-
discharge permi.t subject to terms and conditions
nished, the Sup'srintendent may issue a wastewater
provided herein.
(3) Permit Conditions: Wastewater discharge permits shall be exoresslv subiect to all Drovisions of
charges and fees established by the Approving
this ordinince anh ali other reguiations, user
Authority. The conditions of wastewater discharge
permits shall be uniformly enforced by the Super-
applicable State and Federal regulations. Permit
intendent in accordance with this ordinance, and
conditions will include the following:
a. The Residential Equivalency Charge, Connection
Charge, Sewer use Charge and Schedule for Sur-
charged to t.he Wastewater Works.
charge fees for the wastewater to be dis-
b. The average and maximum wastewater constitu-
tents and characteristics.
c. ~imits on rate and time of discharge or re-
quirements for flow regulations and equali-
zation.
-31-
e
D
b
P F.
d.
e.
f.
9.
h.
i.
Requirements for installation of control man-
holes.
Pretreatment. requirements.
Requirements: for maintaining plant records
by the Superintendent, and affording the City
relating to wastewater discharges as specified
access thereto.
Average and maximum pollutant concentrations
and total daily average and maximum pollutant
discharges for all pollutants subject to limit-
ations and prohibitions which are present in
the user's wastewater discharge,
All persons required to make application for a
wastewater discharge permit shall before issu-
ance of the permit, enter into a contractual
agreement with the City.
agreement shall contain the conditions set
The contractual
forth in the discharge permit, requirements for
industrial cost recovery charges and other
items deemed necessary by the Approving Au-
thor i ty .
Other conditions as deemed appropriate by the
Superintendent to insure compliance with this
ordinance.
(4) Duration of permits: A permit shall be issued for
one (1) year and shall be automatically renewed on
a year to year basis, thereafter, unless the person
is notified by the superintendent within 60 days
prior to the expiration of the permit or any r2-
newal thereof. After such notification by the
Superintendent, the permit shall expire on the end
of that year. The terms and conditions of the
by the Superintendent during the life of the per-
permit shall be subject to modification and change
mit, if so required because of any ordinances,
statutes, or rules and regulations of the Approving
Authority or any applicable state or federal body.
The person shall be informed of any proposed chang-
es in his perrait at least 60 days prior to the
effective date of change. Any changes or new
conditions in the permit shall include a reasonable
time schedule f,>r compliance. '0
-32-
B
'a
21.16
21.17
21.18
Transfer of a Pf'rmit: Wastewater discharge permits
are issued to a specific user for a specific oper-
ation. A wastewater discharge permit shall not be
new user, different premises, or a new or changed
reassigned or transferred or sold to a new owner,
operation.
Revocation of Permit: Any user who violates any of
the conditions of his permit contractual agreement,
or this ordinance: or of applicable State and
Federal regulations, is subject to having his
permit revoked.
ADMISSION TO PROPERT't'
The City shall be permitted to gain access to such
properties as may be necessary for the purpose of in-
spection, observation, measurement, sampling and test-
ing, in accordance with provisions of this ordinance.
CONFIDENTIALITY OF CRITICAL INFORMATION
When requested by the user furnishing a report or permit
or other document, which might disclose trade secrets or
application or questionaire, the portions of the report,
secret processes shall not be made available for use by
the City or any State agency in judicial review or
enforcement proceedings involving the person furnishing
the report.
VIOLATIONS
(1) Any person who fails to comply with any of the
provisions of {this ordinance or with an order of
the approving authority issued in pursuance of this
pling, shall be liable to the City for any expense,
ordinance, or shall tamper with metering or sam-
cluding reasonable attorney's fees and other ex-
loss or damage occasioned by such violation in-
violation of this ordinance, shall be fined not
penses of litigation and upon conviction of any
less than $10(1.00 nor more than $2,500.00 per
violation, plus damages. Each day a condition is
allowed to exist which is contrary to all or any
part of this 'ordinance shall constitute a new
premises delinq,uent under the provisions of this
violation. Change of ownership or occupancy of
ordinance shall not be cause for reducing or elim-
inating charges due and penalties for violations.
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(2) If any user shall discharge a waste or wastewater
with a BOD concentration of 900 mg/l or greater, as
pay a penalty of $200.00 per violation. Each day a
defined in Section 21.09 (m)(3), said user shall
violation occurs shall constitute a separate vio-
lation. Said penalty shall be added to the month-
ly, yearly or quarterly billing statement.
(3) In addition to the court proceedings and penalties
described in the foregoing sections of this ordi-
nance, whenever a person violates any provision of
this ordinance or fails to comply with any order of
the Approving Authority, the Approving Authority
may order that an action be commenced on behalf of
the City in the: Circuit Court for Waukesha County
for the purpose of obtaining an injunction re-
straining the person violating the ordinance or
failing to comply with the order, from making any
further discharges into the Wastewater Works of the
City.
21.19 STATE REGULATIONS
The City shall operate the sewer utility and enforce
this Ordinance in accordance with Section NR 128.13 of
the Wisconsin Administrative Code. The main items
included in NR 128.13 are as follows:
(1) The City shall maintain a proportionate distribu-
tion of operation, maintenance and replacement
costs among users and user classes.
(2) The City shall generate sufficient revenues to pay
total operation, maintenance and replacement costs.
(3) The City shall apply excess revenues collected from
a class of users to the costs of operation and
maintenance attributable to that class for the next
year and adjust the rate accordingly.
(4) All user charges specifically collected for re-
placement shall be deposited in a separate and
distinct fund which shall be used exclusively for
replacement.
(5) users discharging toxic pollutants shall pay for
any increased operation, maintenance and replace-
ment costs caused by the toxic pollutants.
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(6) users shall be notified at least annually, in
conjunction with a regular bill, of the rate and
butable to the sewer utility services.
that portion of the user charges which are attri-
(7) This Ordinance shall take precedence over any terms
or conditions of agreement or contracts between the
City and users which are inconsistent with the
requirements of NR 128.13.
21.20 MMSD REGULATIONS
The following sections and related appendices of The
Milwaukee Metropolitan sewerage District (MMSD) Rules
and Regulations, Chapter 17 promulgated by MMSD, as now
time hereafter, are hereby incorporated by reference and
in effect and as the same may be amended from time to
shall be of full force and effect as though set forth in
their entirety herein.
17.102
17.104(2)
17.104(1)
17.104(4)
17.105(1)
17.105(2)
17.105(3)
17.105(5)
17.105(4)
17.105(7)
17.105(6)
17.201
17.202
17.203
17.204
17.401
17.402
17.403
17.404
Definitions
Municipal Transfer of Data
Estimated volume of Discharge
Collection Terms
user Transfer of Data
Wastestrength Certification
Discharge Factor Certification
Certification procedures
verification
Appeal provision
Audit Control of User Connections
User Charge Billing Basis
Purpose of the User Charge System
wholesale user Charge Billing Basis
unit Costs of Treatment
Purpose of the Industrial Cost Recovery (ICR)
sys tern
ICR Billing Basis
Wholesale ICR Billing Basis
unit Costs. of ICR
SECTION I11 - severabililty
If any provision of this ordinance is invalid or uncon-
person or circumstances is invalid or unconstitutional,
stitutional or the a,pplication of this ordinance to any
such invalidity or unconstitutionality shall not affect
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,
which can be given effect without the invalid or un-
the other provisions or applications of this ordinance
constitutional provisions or applications.
SECTION IV - CONFLICTING ORDINANCES
Any existing ordinances that conflict with any provi-
ordinance shall supersede previous ordinances. Where
sions contained within this ordinance, the terms of this
this ordinance does not conflict with the terms of
any existing ordinances those ordinances shall continue
to be effective as if incorporated herein.
SECTION V. - Effective Date
This ordinance shall take effect upon passage and publi-
cation as provided by law.
City ClerR
Date Adopted: 10/9/84
Date Published: 10/18/84 (by cover Ord, 505)
Effective Date: 10/19/84
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RESIDENTIAL EQUIVALENCY CHARGE CHART FOR RESERVE CAPACITY ASSESSMENT
EXHIBIT A
(AS Amended and Adopted - 7/10/84)
RESIDENTIAL zondominiwn
Duo1 ex
"x REC
2.0
Huitiple Family (2 Bedroom)
Hultiple Family (1 Bedroom or less)
Single Family -75
Vacant Land
1 .o
0
1 .o
CIAL/ INDUSTRIAL C"ERCIAL/INDUSTRIAL
(Based on Employee Count) @iscellaneous)
RFC
10 or less employees -0
11 to 15 employees
16 to 20 employees
1.25
Each additional 5 employees .25
1 .5fO
Advertising Agencies
Auto & Supply Stores
Banks
Buildin Materials Dealer
City Ha f 1 Commercial Printing
Drug Stores
Employment Services
Dry Cleaners
Garage
Factory/ Industry (Non-Metered)
General Contracting Offices
CreenhousefGarden Center
Hardwre- Uholesale/Retail
Library
Insurance Companies
Off ice Buildings
Liquor Scores
Offices of Actorneys
Police Department
Photographic Studios
Real Estate Offices
Retail Stores
Savings & Loan
Telephone Exchange
Service Station
Toys & Hobby Stores
U. S. Postal Service
Variety Stores
NOTE: a) 1 REC MINIMUM (Including
Commercial and Industrial). An:?
be assigned a REC by the City
category of user not listed shalt1
Engineer. If said applicant diaputes such assignment, he ma:?
Sewer Committee within 60 daye of
appeal the decislon to the Public
said determination. b) - All fractions of RECs shal.1
0.25 REC be established to the next highest
Amusement Parks
Barber Shops
Beauty Parlors
Bowling Alleys
Car Wash
Churches
Club House
Factory/Industry:
Dance Hall
(Xetered)
Fire Station
Funeral Homes
Home/ Bus. Comb.
Laundromat
?(all (Public
Facility)
Offices:
Nursing Homes
Dentists
Osteopaths
Physicians
Chiropractors
Photo Lab
Parka
Res taurant:
Normal Operation
24 Hour
Elementary
High Personnel
Tavern
Swimming Pools
Theater
Schools:
.75/full-time
manned station
manned station
.75/pair alleys
Upon application.
1.25 (under 500
2.00 (over 500
members)
Upon application
members)
Upon application
1.00/192 gal./day
1-00
Upon application
1 .OO/home, plus
if applicable,
.25/ea. 5 empl.,
or REC Chart.
.333 per machine
. _"
2.50
.75 per bed
1 .OO/fdl-time
practitioner
I,
1,
I,
1 .oo
.4 per employee
.04 per seat
.06 per seat
.04 per student
.OS per student
Upon application
.05 per person
2.50 per screen
.04 per seat
Suggested Amendments to Ord. 505 as first read at Council on
9/25/84:
21.05 (4): Add "If the work is performed by or under the
direction of the City this requirement is not applicable."
21.05 (5): Remove "by the City" after "maintained and repaired".
Delete the sentence "The City will issue a statement for the
expenses of all necessary repairs to the property ovner who shall
pay said statement within 313 days of receipt", and replace with
"If any repairs are made by the City, the City will issue a
who shall pay said statement within 30 days of receipt".
statement for the expenses af the repairs to the property owner
21.05 (6) c.: Amend "lot line" to read "sewer main".
21.05 (9) b.: Amend "trapp?d" to read "tapped".
21.05 (9) c.: Replace existing sentence witn "When any Lateral
is to be relaid and there are two or more Parcels connected to
the Lateral, all but one of the Parcels shall be disconnected
from such lateral and new Laterals shall be installed for the
remaining Parcels."
21.1 3 (1 ) (a): Amend first sentence to add at start "The Owner
of", and after "collection s.vstem" delete "the owner or occuuant
of such property shall cause-to be installed necessary" and A
sentence to read "All costs for metering equipnent, installation,
replace with "requests that the necessary". Amend second
the user.
readings, calibrations, and verifications shall be paid for by
21.13 (1): Create (b), (c), (a), and (e) as follows:
(b) The user shall be required to verify the accuracy of
the water metering equipment at the following minimum
intervals:
Water Meters
3 and 4
6 and over
Test Interval - Yr. B
4
2
1
(c) Sewer meters shal:! be tested and certified every 6
months.
(d) The meter testing shall be performed by an approved
meter manufacturer and results shall be issued to the
City.
(e) The City shall establish a yearly charge for each
metered user to recover its costs for readings, records and billing costs.
AN ORDINANCE TO CREATE CHAPTER 21
OF THE MUNICIPAL CODE OF THE
CITY OF MUSKEGO ENTITLED
mSI?WeR UTILITY.
SECTION I. Be it ordai
of Muskego that
Ordinances of the C
read as follows:
SECTION 11.
21.01 Creation
21.03 Application
21.02 Management
21.04 Definitions
21.05 Rules and
21.06 Sewer Serv
. 6 Method of Payment of Charges
2 1.09 Prohi
21.10 Accid
nd Grease hap Installations
ater Measurement and Sampling
ustrial Waste Analysis
violations
State Regulations
20 MMSD Regulations
The Common Council of the City of nuskego pursuant to
the provision of Sec. 66.067 Wisconsin Statutes, does
hereby declare the City of nuskego owned sewer eystem,
consisting of the wastewater treatment plants, collec-
tion system (as hereinafter defined), waste collection
-1-
. ?. .
t
0
and disposal operations, system of sewerage and all
other appurtenances and equipment used for such pur-
poses, or Wastewater Works (as hereinafter defined) a
public utility as of the date of this Ordinance.
21.02 MANAGEMENT
(1) The operation, management and control of the util-
City of Muskeg0 pursuant to the provisions of SeC.
ity is hereby .vested in the Common Council of the
66.066 (1) Wisconsin Statutes and hereinafter re-
of the utility shall be kept by the Clerk, Treasur-
ferred to as the 'Approving Agency". All records
er and Superintendent in the City Hall or other
officially desiNgnated place.
(2) The rules; regulations and rates hereinafter set
forth shall be considered part of the contract with
every individual or entity connected to the Waste-
water Works. S,aid rules, regulations and rates may
be changed from time to time as determined by the
City Council and the right is reserved to make
specia-l rates and contract in all proper cases.
(3) The Common Courcil shall cause an annual audit of
the books of the utility made by a private firm of
books and recorsds relating to the utility available
Certified Public Accountants and shall make the
for inspection during regular business hours.
21.03 APPLICATION
The application to this Section, its rules, regulations
and rates shall apply to all individuals, firms, cor-
porations and institutions residing within the corpor-
area and any person, firm or corporation, by attachment
ate limits of the ICity of Muskgo or its sewer Service
Muskego subsequent to the effective date hereof.
or otherwise coming in to locate within the City Of
21.04 DEFINITIONS OF TERM8
The meaning of term5 used in this ordinance shall be a8
follows:
(1) -Act* shall mean the Federal Water POllUtiOn Con-
trol Act (33 u.3.c. 1251 et seq.) as amended by the
-2-
0
0
Federal Water Pollution Control Act Amendments of
1972 (Pub. L. 92,-500) and Pub. L. 93-243, or modi-
f ied by Chapter 147, Statutes of the State of
Wisconsin or app:ropriate section Wisconsin Admini-
strative Code adopted pursuant to Chapter 147.
(2) 'Approving Author= shall mean the Common Council
of the City of Muskego or its duly authorized
deputy, agent or representative.
(3) "BOD' shall mean the quantity of oxygen expressed
in milligrams per liter (mg/l), utilized in the
bic-chemical oxidation of organic matter under
standard laboratory conditions for five days at a
temperature of 20 degrees centigrade. The labora-
tory determinations shall be made in accordance
with procedures set forth in "Standard Methods".
(4) 'Building Sewer., "Lateral" or "Service Pipe" shall
mean a sewer which carries only Sewage and Indus-
trial Wastes from the building plumbing to the
Public Sanitary Sewer. This pipe shall also be
defined as one cctnnection per pipe.
(5) "Collection System" shall mean the system of sewers
and appurtenancesfor the collection, transporta-
tion and pumping of domestic wastewater and indus-
trial waste.
(6) "Debt Retirement" shall mean all annual principal
and interest reazirements and obliqations of the
City for the Wastewater Works, inclcding the capi-
tal charges from the contract for service with the
Milwaukee Metropolitan Sewerage District dated nay
19, 1983, and amended from time to time.
(7) "Domestic Wastewa.ter'. shall mean water-borne wastes
normally being discharged from the sanitary conven-
office buildings,, factories and institutions, free
iences of dwellings, apartment houses, hotels,
of industrial wastes and in which the average
concentration of suspended solids is established at
below 200 mg/l.
or below 250 mg/.l and the BOD is established at or
(8) "Flow Proportional Composite Sample" shall mean a
proportion to the: volume of flow of said wastes.
sample consisting of portions of waste taken in
-3-
i.
(9) 'Industrial User" shall mean any nongovernmental,
Works which discharges more than the equivalent of
nonresidential rEer of publicly owned Wastewater
25;OOO gallons per day (GPD) of sanitary wastes and.
whose activities are identified in the Standard
Industrial Classification Manual, 1972, office of
Management and Budget, as amended and supplemented,
under the following divisions: 1) Division A.
Agriculture, Forestry and Fishing. 2) Division B.
Mining. 3) Division D. Manufacturing. 4) Division
E. Transportation, Communications, Electric, Gas
and Sanitary Services. 5) Division I. Services. In
determining if a user is in the industrial classi-
fication, the City may exclude domestic wastes or
discharges from sanitary conveniences. After
applying the sanitary waste exclusion, dischargers
in the above divisions that have a volume exceeding
25,000 GPD or t.he weight of biochemical oxygen
demand (BOD) or suspended solids (SS) equivalent to
that weight found in 25,000 GPD of sanitary waste
are considered industrial users. Sanitary wastes,
for purposes of this calculation of equivalency,
Any nongovernmental user of a publicly owned Waste-
are the waste discharges from residential users.
water Works which discharges wastewater to the
Wastewater Works which contains toxic pollutants or
quantity either singly or by interaction with other
poisonous solids, liquids or gases in sufficient
wastes, to contaminate the sludge of any municipal
sewage treatment process, or which constitutes a
system, or to injure or to interfere with any
hazard to humans or animals, creates a public
nuisance, or creates any hazard in or has an ad-
verse effect on the waters receiving any discharge
user, even if it does not discharge the equivalent
from the treatment works, shall be an industrial
of 25,000 gallons per day of sanitary waste.
(10) 'Industrial Waste" shall mean any water-borne
solids, liauids or aaseous wastes other than do-
mestic-wastewater, resulting from discharging from,
flowing from or escaping from any canmercial,
industrial, manufacturing or food processing opera-
tion or process: or from the development Of any
water or domestic: wastewater.
natural resourcss, or any mixture of these with
-4-
(11) "Intercepting Sewer" shall mean a sewer constructed
to receive the dry weather flow of untreated or
inadequately treated sewage from one or more ex-
dwelling or building that presently discharges or
isting sanitary system terminals other than from a
formerly dischazged flow directly into any waters
of the state, and convey the flow to a treatment
works, or is tct serve in lieu of an existing or
proposed treatment works.
-
(12) "Natural Outlet." shall mean any outlet into a
watercourse, pcrd, ditch, lake or other body of
surface or ground water.
(13) "Normal Sewage" shall mean sanitary sewage in which
trations do not aexceed normal concentrations of:
B.O.D., Suspended Solids, or phosphorus concen-
(a) A five-day 20 degree C., B.O.D. of not more
(b) A suspended Solids concentration of not more
(c) Phosphorus not more than 12 parts per million.
than 200 par.ts per million:
than 250 par.ts per million: or
(14)"Operation and Maintenance Cost' shall mean the
actual sums spent by the utility in the operation
and maintenance of its Wastewater Works consisting
of but not limited to, each and all of the follow-
ing purposes:
a. Wages and salaries and employees related ex-
penses of operating., maintenance, clerical,
with fringe benefits and premiums paid on such
laboratory and supervisory personnel, together
wages and salaries for the State of Wisconsin
workmen's compensation coverage.
b. Electrical power.
c. Chemicals, fuel and other operating supplies.
d. Repairs to and maintenance of the equipment
associated therewith.
e. Premiums for hazard insurance.
e
-5-
f. Premiums for insurance providing coverage
and/or property.
against liability for the injury to person
g. Rents and leasing costs.
h. Operation, :Licensing and maintenance costs for
trucks and heavy equipment.
i. Consultant amd legal fees.
j . Replacement.
(15) 'Per Flow Portion' shall mean the estimated dis-
divided by the t.ota1 flow of the system.
charge flow of :sewage from all users of the system
(16) 'Per Connection Portion' shall mean the estimated
the total flow of the system.
infiltration/inflow portion of the flow divided by
(17) 'Persons' shall mean any and all persons, natural
or artificial, including any individual, firm
company, municipal or private corporation, associa-
tion, governmental agency or other entity and
agents, servants or employees.
(18) 'pH." shall mean the logarithm (base 10) of the
pressed in moles per liter. It shall be determined
reciprocal of the hydrogen ion concentration ex-
by one of the procedures outlined in the 'Standard
Methods'.
(19) 'Public Sewer' shall mean a sewer in which all
owners or abutt'ing properties have equal rights,
and is controlled or owned by public authority.
(20) 'Replacement' shall mean expenditures for obtaining
and installing equipment, accessories and appur-
tenances which are necessary during the useful life
of the treatment works to maintain the capacity and
constructed.
performance for which such works were designed and
(21) 'Residential Equivalency Charge' shall mean a
charge levied on users for operation, maintenance
and replacement costs.
'0
-6-
(22) 'Residential Equivalent Connection" (REC) shall
mean the amount of normal sewage discharged by one
average household. The flow associated with one
'. residential equivalent connection shall be computed
by multiplying the City occupancy factor times 62
gallons per capita per day.
(23) 'Sanitary Sewer" shall mean a sewer that conveys
domestic rastewaFer or industrial waste or a combi-
nation of both, and into which storm, surface and
ground waters or unpolluted industrial wastewater
are not intentionally passed.
(24) 'Sewer Use Char= shall mean a charge levied on
users for Operation and Maintenance and Replacement
costs, based on a cost per Residential Equivalent
Connection and numhr of connections.
(25) 'Slug' shall mean any discharge of water or waste-
water which in concentration of any given consti-
tuent or in quantity of flow exceeds for any period
longer than fifteen (15) minutes more than five (5)
times the averge twenty-four (24) hour concentra-
tion or flows during normal operation and shall
adversely affect the collection system and/or
performance of the wastewater treatment works.
(26) 'Standard Methods' - shall mean the examination and
edition of 'Standard Methods for the Examination Of
analytical procedures set forth in the latest
Water and Wastewater. as prepared, approved and
published jointly by the American Public Health
Association, American Water Works Association and
the Water Pollution Control Federation.
(27) .Storm Sewer' :;hall mean a sewer which carries
storm and surface drainage but excludes domestic
wastewater and industrial wastes.
( 28
(29
'Superintendent' shall mean the Superintendent of
the Wastewater biorks who shall be in charge of and
utility.
supervise the operations and functions of the
'Suspended Solids. shall mean solids that either
water, sewage or other liquids, and which are
float on the surface of, or are in suspension in
removable by a laboratory filtration device.
-7 -
C'
0
Quantitative determination of suspended solids
shall be made in accordance w..ith procedures set
forth in .Standard Methods".
(30) "Unpolluted water' - is water of quality equal to or
better than the effluent criteria in effect or
water that would not cause violation of receiving
by discharge to the sanitary sewers and wastewater
water quality standards and would not be benefited
treatment facilities provided.
(31) 'User" shall mean any person discharging domestic
wastewater or industrial wastes into the collection
system.
(32) 'Utility' shall. mean the City of Muskego sewer
utility established by this Ordinance (Chapter 21).
(33) "Waste' shall mean any solids, liquid or gaseous
material or combination thereof discharges from any
residences, business building, institutions and
industrial establishments into the collection
system or storm sewer.
(34) "Wastewater" shall mean a combination of the water-
-carried waste discharged into the collection
system from residences, business buildings, insti-
tutions and industrial establishments, together
with such ground surface and storm water as may be
present.
(35) 'Wastewater Pumping Station' shall mean a pumping
collection system.
facility utilized to pump wastewater within the
(36) .Wastewater Treatment Facilities" shall mean any
Utility owned facilities, devices and structures
used for receiving and treating wastewater from the
utility collection system.
(37) "Wastewater Works' shall mean all facilities for
collecting, pumprng, treating and disposing of
domestic wastewater and industrial wastes.
7
(38) "WPDES Permit" shall mean a permit to discharge
pollutants obtained under the Wisconsin Pollutant
Discharge Elimination System (WPDES) pursuant to
Chapter 147 of the State of Wisconsin Statutes.
-8-
i.
21.05 RULES AND REGULATIONS
(1) Declaration of :Poficy: The Common Council of the
City of Muskego flnds and declares that the public
health, comforl: and safety is preserved and en-
hanced by the provisions of the Wastewater Works in
the promotion of a clean and healthful environment
and that the failure to connect to the Wastewater
Works is contrary to minimum health standards.
(2) Connections:
a. To assure preservation of public Health, com-
buildings, or properties used for human occu-
fort and safety, the owner of any houses,
pancy, employment, recreation, or other habita-
a Public Se.wer or in a block through which a
tions, situated within the City and adjacent to
Public Sewer extends, is hereby required at his
expense to install suitable toilet facilities
therein, and to connect such facilities di-
rectly with the proper Public Sewer in accor-
dance with the provisions of this Ordinance,
within nine (9) months after the Public Sewer
health hazard exists within 30 days upon re-
first becomes operational or if an immediate
ceipt of notice from the Health Officer or City
Building Inspector.
b. Where the costs for connection exceeds the
benefit accruing to the property because of the
availability of sewers, the Common Council
shall have the option of granting a hardship
deferment for connection.
c. If a person fails to comply with the said
notice to connect within the given period of
time the City may, at its option:
1. Cause such connection to be made and bill
the property owner for such costs. If such
costs are not paid within 30 days, such
costs shall be assessed as a special tax
lien against the property, unless the owner
within :IO days after the completion of the
work, f:tles a written option with the City
Clerk stating that he cannot pay such
-9-
"
. ..
'a
amount in one sum and asking that it be
levied in not to exceed 5 equal annual
installments, and the amount shall be so
collected with interest at the rate; of 9%
per annum from the completion of the work,
lien; or
the unpaid balance to be a special tax
2. Impose a standby charge for the period that
such failure continues, after 10 days
written notice to any owner failing to make
a connection to the Wastewater Works or an
amount equal to 150% of the Residential
Equivalency Charge payable monthly for the
period i,n which the failure to connect
continues, and upon failure to make such
payment said charge shall be levied as a
tax against the lot or parcel to which
sewerage service was furnished.
(3) Alternative Disposal Prohibited
a. No person shall construct or maintain any privy
vault, septic tank, cesspool, or other facility
intended to be used for the disposal of domesic
wastewater, if a Public Sewer is available.
b. NO person shall discharge to any Natural Outlet
within the City or in any area under the juris-
diction of t:he City, sewage or other polluted
waters, except where suitable treatment has
been provided in accordance with subsequent
provisions of this ordinance.
(4 Plumbers:
No plumber, pipe fitter, or other person will be
permitted to do ;any plumbing or pipe fitting work
first receiving a license from the state of Wiscon-
in connection with the Wastewater Works without
sin.
(5) Maintenance of services:
All sewer services within the limits of the City
from the street main to the property line and in-
cluding all cont.rols between the same, shall be
-10-
maintained and repaired by the City without ex-
penses to the City except when they are damaged as
a result of negligence or carelessness on the part
of the City in which case they will be repaired at
all facilities throughout the premises served must
the expense of the City. All Building Sewers and
be maintained free of defective conditions, by and
at the expense of the owner or occupant of the
property served., The City will issue a statement
for the expenses of all necessary repairs to the
property owner who shall pay said statement within
30 days of receipt. Failure to pay shall result in
the charges being placed on the tax roll as a
special charge under 66.60(16).
(6) Users:
a. Application for Service: Every person request-
ing connection to the Wastewater Works shall
in such form as is prescribed for that purpose.
file an appllication in writing to the Utility,
Blanks for s:uch applications will be furnished
at the offic:e of the City Clerk. The applica-
which will b.e presently made. If any change in
tion must state fully and truly all the use
contemplated, the user must obtain further
use from that set forth in this application is
application and permission from the Utility.
If the applicant is not the owner of the pre-
mises, the 'written consent of the owner must
accompany the application.
The application may be for service to more than
one building, or more than one unit of service
through one service connection; and, in such
case, charge:s shall be made accordingly.
If it appears that the service applied for will
plated use, the utility may reject the applica-
not provide adequate service for the contem-
tion. If the Utility approved the application,
on the application.
it shall issue a permit for services as shown
All expenses relating to the connection to the
wastewater works shall be paid by the applicant
or owner.
-11-
b. Tap Permits: After sewer connections have been
mises no plumber shall make any alterations,
introduced into any building or upon any pre-
extensions, or attachments, unless the party
ordering such tapping or other work shall
obtain and exhibit the proper permit for the
same from the City.
c. User to Kec?p in Repair: All users shall keep
their own service pipe in good repair and
protected from frost, at their own risk and
expense; and shall prevent any unnecessary
overburdening of the Wastewater Works. The
user is responsible for their service pipe from
the lot line through their premise.
d. User use Only: No user shall allow other
persons to connect to, or permit other uses to
lateral.
be made of,. the Wastewater Works through his
e. User to permit Inspection: Every user shall
permit the City or its duly authorized agent,
at all reasonable hours of the day, to enter
their premises or building to examine the pipes
drains and sewer connections operate; and they
and fixtures, and the manner in which the
must at all times, frankly and without conceal-
ment, answer all questions put to them relative
to its use.
f. Responsibilia: NO claim shall be made against
of the breaking, clogging, stoppage, or freez-
the City or its agents or employees by reason
arising frcm repairing mains, making connec-
ing of any service pipe; nor from any damage
tions or extensions or any other work that may
negligence of the City its agents or employees.
be deemed necessary by the City absent gross
The City may cut off the service at any time
for the purpose of repairs or any .other neces-
sary purpose, any permit granted or regulation
to the contrary notwithstanding. Whenever it
shall become necessary to shut off the sewer
service within any areas of the City, the City
affected user.
shall, if practicable, give notice to each
'0
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(7) Excavations:
0
a.
b.
C.
In making ercavations in streets or highways
for laying siervice pipe or making repairs, the
manner that will occasion the least inconven-
paving and earth moved must be deposited in a
ience to the public.
No person shall leave any such excavation made
in any street or highway open at any time
warning lights must be maintained at such
without barricades: and during the night,
excavations.
All services within the public right-of-way
shall have their trenches backfilled with
compacted salnd and gravel unless the excavated
material is approved by the City; and this work
together with the replacing of sidewalks, and
good, at least, as before it was disturbed, and paving must be done so as to make the street as
satisfactory to the City, No opening of the
streets for tapping the pipes will be permitted
when the ground is frozen.
(8 Laterals
a. All laterals on private property will be in-
stalled in accordance with State of Wisconsin
Administration Code Chapter ILHR 82 04(4)
"Building Sewers. as from time to time amended;
b. The Building Sewer shall be inspected by the
City Plumbin,g Inspector or his designee upon
completion of placement of the pipe and before
backfilling; and tested before and after back-
filling.
(9) Tapping the Mains:
a. No persons, except those having special permis-
sion from the City or persons in their service
any circumstances to tap the Public Sanitary
and approved by them, will be permitted, under
Sewers. Thf! kind and size of the connectim
with the Public Sanitary sewers shall be that
City.
specified in the permit or order from the
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b. Pipes shou1,d always be trapped at the top, and
within 24 .inches (60 cm) of another lateral
not within ,six inches (15 cm) of the joint, or
connection.
C. When any Building Sewer service is to be relaid
and there are two or more buildings on such
service, each building shall be disconnected
from such service and a new Building Sewer
shall be ins;talled for each building.
21.06 SEWER SERVICE CHARGES., CONNECTION CHARGES AND RESERVE
CAPACITY ASSESSMENTS
(1) Basis for Sewer Service Charges:
The sewer^ service charge shall be based on two
parts, the operation, maintenance and replacement
charge plus the debt service charge.
(2) Operation, Maintenance and Replacement:
a. A residential equivalency charge is hereby
or premise served by the Wastewater Works or
imposed upon each lot, parcel of land, building
otherwise discharging sewage, including non-
domestic and industrial wastes, into the sys-
ment charge shall be payable as herein provided
tern. Such operation, maintenance and replace-
and shall be on the basis of one unit for each
residential equivalent unit and one connection
€or each lateral or service pipe.
b. On or before September 1st of every year the
City Clerk of the City of Muskego shall recorn-
pute the assignment of residential equivalent
units and number of connections to all users
within the system. said assignment method
shall apply only to buildings that are attached
mation of residential equivalent units will
to the sani.tary collection system. Said sum-
then be divided into the billable per flow
portion of the yearly operation, maintenance
and replacement costs to arrive at the flow
charge per residential equivalent unit. The
divided into the per connection portion of the
summation of the number of connections will be
-14-
.
operation, maintenance and replacement costs to
arrive at the charge per connection. The total
charge to an individual user shall be the sum
of the number of assigned REC's times the
charge per 13EC plus the number of connections
times the charge per connection.
(3) Debt service ChaE
A debt service charge is hereby imposed upon all
users of the Wastewater Works based upon debt
service costs. The City Clerk of the City of
Huskego shall recompute the debt service charge
annually by dividing the proposed net yearly debt
service'budget a,s provided in Section 21.07 of this
Ordinance into a flow portion and a per connection
portion. The billable flow portion of the debt
service charge shall be divided by the total number
of residential equivalent units to arrive at the
charge per residential equivalent unit. The con-
nection portion #of the debt service charge shall be
divided by the total number of connections to
arrive at the charge per connection. The Resi-
dential Equivalency Chart is attached as Appendix
.Ag of this Ordinance.
(4) Total Sewer Service Bill
The total sewer service bill a user will receive
will be the su~rmation of the various elements
previously described; that being the operation and
maintenance charge from either the Town of Norway
or the Milwaukee Metropolitan Sewerage District
ment charge per REC plus the City operation main-
plus the City operation, maintenance and replace-
tenance and replacement connection charge plus the
debt service cha,rge per REC plus the debt service
charge per connection.
(5) Industrial and Commercial Charges for other Than
Domestic wastewater
Wastewater shall be based on Flow, B.O.D., SUS-
Charges made for Wastewater other than Domestic
pended Solids, Phosphorus and such other consti-
tuents which affect the cost of collection and
Wastewater Works are subject to a surcharge, in
treatment. All persons discharging wastes into the
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-15-
addition to any other wastewater service charge, if
their wastewater has a concentration greater than
Domestic Wastewater concentrations. The volume of
the metered water consumption, or the actual volme
flow used for computing waste surcharges shall be
of waste as determined by an industrial waste
metering installation. The amount of surcharge
shall reflect the cost incurred by the City or The
Milwaukee Metropolitan Sewerage District (MSD) in
removing B.O.D.,, Suspended Solids, Phosphorus, and
other pertinent constituents. The commercial or
industrial char,ge shall be made up of the actual
wholesale user charge from the MMSD submitted to
plus the REC a'nd connection charges for the City's
the City pursuant to Chapter 17 of the MnSD rules
operation, maintenance and replacement costs and
debt service cos,ts.
(6) Initial Construction Fee
shall be charged a fee of $500.00. This fee shall
For each new lateral or service connection there
be paid to the City at the time of building permit
or plumbing permit issuance.
(7) Reserve Capacity Assessments
There is hereby levied and assessed upon each lot
or parcel of land currently with the City, but not,
having an existing connection to the Wastewater
Works and upon land subsequently attached to the
City, a Reserve Capacity AsSessment (RCA). Such
RCA charge shall be payable as herein provided and
shall be on the! basis of one RCA charge for each
residential equivalent connection connected to the
Wastewater Works.
capacity assessments in the City shall be classi-
For the purposc? of this chapter, sewer reserve
fied as existing users and future users.
a. Existing users -
1. Property owners whose improved lot has been
connected to City sewer prior to January 1.
of $250 per residential equivalency connec-
1985 will pay a reserve capacity assessment
t ion.
-1 6-
2. Properties being served prior to public
and holdlng tanks will pay this assessment
sewer connection by septic systems, mounds
plumbing permit is obtained to connect to
on or before November 1 in the year the
the sewer except if said permit is obtained
assessment will be paid on or before Novem-
after November 1 in any calendar year, the
ber 1 of the next calendar year. This $250
assessment shall increase by $22.50 per
residential equivalency connection per year
commencing January 1, 1986.
b. Future users
1. Properties where public sewer connection
takes place or additional capacity is made
available! after January 1, 1985 and whizh
are not being ser'ved by a septic system,
mounds or holding tank, will pay a reserve
Capacity assessment of $1,500 per residen-
tial equivalency connection on or before
November 1 of the year of connection or the
year when additional capacity is made
available except if said connection or
additional capacity is made available after
November 1 in any calendar year, the as-
sessment will be paid on or before November
1 of the next calendar year. This .reserve
capacity assessment will increase by $135
each January 1 commencing on January 1,
1986.
2. The number of residential equivalency units
capacity assessment purposes shall be
for all categories of future users reserve
determined by the City Engineer at the time
of issuance of a building permit based as
far as possible on the residential equiva-
to the City of Muskego public Sewer Commit-
lency, which determination may be appealed
All determinations of the number of resi-
tee withiin 60 days of said determination.
consideration potential future use a.ld
dential equivalency units shall take into
necessary capacity.
'0
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. .
c. Installment :Payments
1. The assessments for those connecting to the
City of Muskego sewer system on or before
September 7. 1984 may be paid in cash in
full on or before November 1, 1984 or in
principal together with 12 months interest
five (5) equal annual installments of
per installment at the rate of 9% per annum
on the unpaid balance commencing on Novem-
ber 1, 1984 and said first installment
being due on the date when real estate
taxes arc? due and annually thereafter. All
paid by the date specified shall be extend-
assessments or installments which are not
ed upon the tax roll as a delinquent tax
against the property and all proceedings in
of property for delinquency real estate
relation to the collection, return and sale
ment, except as otherwise provided by
taxes sh,all apply to such special assess-
statute. Existing users as defined above
who are not connected will be given the
five installment method provided, however,
payable on or before November 1 in the year
the first installment shall be due and
the plumbing permit is issued except if
said pernlit is obtained after November 1 in
any calendar year, the assessment will be
paid on or before November 1 of the next
calendar year.
2. Future users may pay their assessment in
principa:l together with 12 months interest
five (5) equal annual installments of
per installment at the rate of 9% per annum
commenci,ng on November 1 in the year of
connection or in the year additional ca-
pacity is made available except if said
available after November 1 in any calendar
connection or additional capacity is made
next calendar year and said first install-
year, then commencing on November 1 of the
ment being due on the date when real es-
tate taxes are due and annually thereafter.
All assessments or installments which are
not paid by the date specified shall be
extended upon the tax roll as a delinquent
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e
1
tax against the property and all proceed-
and sale of property for delinquency real
ings in relation to the collection return
estate taxes shall apply to such special
assessment, except as otherwise provided by
statute.
(8) Ready-to-Serve Char e The owner of each premise
to which sewer -++ serv ce has been provided by the
City but not corlnected to the Wastewater Works for
sewer service shall pay for the availability there-
of a 'ready-to-serve charge- equal to the rate
provided by Section 21.06 (3). Any 'ready-to-serve
charge- becoming effective during any year shall be
charged on a pro rata basis for that year in which
such charge becomes effective.
(9) vacant Buildings
a. The sewerage service charge for any previously
connected vacant commercial or industrial
building shall be equal to the operation, main-
tenance and replacement connection charge plus
the debt service connection charge.
charge will become effective at the end of the
Such
quarterly period in which such building becomes
owner, or hi:s agent, notifies the City Clerk in
vacant and only upon the condition that the
writing of :such vacancy and upon inspection
thereof by the Building Inspection Department
to determine that such building is vacant. The
sm of $30.00 shall be paid by the owner!- or
The fee for said inspection shall be paid prior
his agent, to the City for such inspectron.
to the inspection being made.
b. It shall be the duty of the owner of any va-
cant commercial or industrial building to
notify the City Clerk in writing within fi.ge
(5) days from the date any such building, or
any portion (thereof, is re-occupied. The sewer
user charge for the quarter that any such
building or any portion thereof is re-occupied
shall be prorated for such quarter.
c. If such owne:c fails to notify the City Clerk of
re-occupancy of said building, or any portion
thereof as herein provided, then 200% of the
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D D
said building until such notice is received.
sewer user charge shall be assessed against
The notice to be given shall describe the
premises are re-occupied.
+. premises and uses involved and the date the
(10) Special Rates: It is understood, however, that the
approving authority may at any time hereafter, set
special rates for any large commercial service,
not readily fit into other categories of users.
industrial use or any other unique user that does
21.07 ANNUAL BUDGET h METHOD OF PAYMENT OF CAARGES
Annuaily before September lst, the City Clerk shall
prepare a budget for the following fiscal year
which shall be separated into sections, the first
second for debt service.
for operation, maintenance and replacement and
Revenues for the operation, maintenance and re-
placement budget: shall include any projected year
end balance (excluding depreciation funds), operat-
permit fees, special rates, and sewer user charges.
ing fund investment income, contract revenues,
Expenditures fcrr the operation, maintenance and
replacement budglet shall include all costs defined
year end deficit.
in Section 21.04 (14) ordinance plus any projected
The operation arid maintenance budget shall balance
with the sewer use charge so that projected reve-
nues equal projected expenditures.
Revenues for the debt service budget shall include
any projected year end balances in the special
mental Financing Fund, projected Residential Equiv-
assessments funds, transfers from the Tax Incre-
alency Charges,, connection charges, sinking fund
interest income,, Reserve Capacity Assessments, and
property taxes.
Expenditures for the debt service budget shall
to the Milwaukee Metropolitan Sewerage District and
include principal, interest, capital charges paid
-20-
.
i
the Town of Norway sanitary District, premiums,
debt.
paying agency fees and other expenses related to
(7) Projected revenues for the debt service budget
shall exceed projected expenditures by 25% with
charge increased until revenues are 125% of expen-
ditures.
(8) Sewer Service charges may be billed yearly, quar-
Clerk's office cr at any other officially desig-
terly, or month1:y and shall be payable at the City
assessments levied and assessed in accordance with
nated location. Statements for such charges and
this Ordinance shall become due and payable within
45 days from and after the date of the statement.
In the event that any such statement or statements
added thereto.
are not paid whten due, a penalty of 10% will be
(9) Billing: The property owner is held responsible
for all sewer bi.Lls on premises that he owns. All
sewer bills and notices of any nature, relative to
the sewer servicme, will be addressed to the owner
and/or occupant and delivered to the addressee by
first class mail.,
(10) Failure to Receive Bill No Penalty Exemption:
Every reasonablc care will be exercised in the
proper delivery of sewer bills. Failure to receive
a sewer bill, however, shall not relieve any person
of the responsibility for payment of sewer rates
within the prescribed period, nor exempt any person
from any pena1t:y imposed for delinquency in the
payment thereof.
(11) Delinquent Bills: On October 15 in each year, notice shall be ziven to the owner or occupant of
all lots or parceis of real estate to which service
has been furnishmed prior to October 1 and payment
giving such notimce. The sewer utility shall fur-
for which is owing and in arrears at the time of
nish the City Treasurer with a list of all such
lots or parcels of real estate, and the notice
shall be given by the measurer. Such notice shall
be in writing and shall state the amount of such
arrears, including any penalty assessed pursuant to
the rules of such City; that unless the same is
-21-
of such arrears will be added thereto; and that paid by November 1, a penalty of 10% of the amount
unless such arrears and penalty is paid by November
15, the same will be levied as. a tax against the
lot or parcel of real estate to which service was
furnished and for which payment is delinquent as
above specified. Such notice may be served by
delivery to either such owner or occupant person-
ally, or by lctter addressed to such owner or
occupant at the post office address of such lot or
parcel of real estate. On November 16, the Trea-
surer issuing the notice shall certify and file
with the City Clerk a list of all lots or parcels
of real estate, giving, the legal description there-
of and the amolunt of unpaid arrears and penalty.
Each such delinquent amount, including such pen-
alty, shall thereupon become a lien upon the lot or
parcel of real estate to which the service was
furnished and payment for which is delinquent, and
the City Clerk shall insert the same as a tax
proceedings in relation to the collection of gener-
against such lot or parcel of real estate. All
a1 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 re-
quired by law for payment of taxes upon real
estate.
21.08 ACCOUNTS AND FUNDS
(1) The operation maintenance and replacement fund
21.04 (15)
shall be used for payment of any items defined in
(2) The debt service fund shall contain all revenues
transferred from special assessments, Tax Incre-
mental Financing Funds, property taxes, Residential
Equivalency Cha.cges, Debt Service Charges, Initial
other sources intended for debt. This fund shall
Construction Pees, Reserve Capacity Assessments and
be used only :Eor the payment of principal and
interest, "SD and mwn of Norway sanitary District
Capital Charges, and fees directly related to debt
payment.
(3) The depreciation fund shall be used for the fol-
lowing purposes ,,
-22-
a.
b.
C.
d.
e.
f.
mains.
Cost of the replacement of existing sewer
Cost of substitution of larger size for exist-
ing mains.
Cost of new primary sewer mains and instal-
payable by statutory assessment.
lation of same in excess of such charge or cost
t ion.
Cost of road repair required by such construc-
Cost of contracted engineering service to
insure a planned program.
Renewals or expansion of the Wastewater Works
in excess of $5,000.00.
21.09 PROAIBITED DISCHARGES
(1) No person shall discharge or cause to be discharged
drainage, yard fountain, swimming pool or pond
any storm water, ground water, roof runoff, yard
overflow into the collection system. Unpolluted
water or waste shall be discharged to only storm
sewers or to a natural outlet.
(2) No person shall discharge or cause to be discharged
to the collectioln system either directly or indi-
rectly any of the following described wastes or
wastewater:
a. Any liquid having a temperature higher than 150
degrees Fahrenheit (65 degrees Centigrade).
b. Any wax, grease, or oil, plastic or any other
substance that will solidify or become discern-
ibly viscous at temperatures between 32 degrees
to 150 degrees Fahrenheit (0 degrees to 675
degrees Centigrade).
C. Any solids, liquids or gases which by them-
selves or by interaction with other substances
may cause fire, explosion, hazards, create
persons or property involved in the operation
toxic fumes or in any other way be injurious to
or maintenance of the Wastewater Works.
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.' .
0
d.
e.
f.
9.
h.
i.
Solid or viscous substances in quantities or of
such size capable of causing obstruction to the
proper operation of the Wastewater Works, such
flow in sewers, or other interference with the
mud, straw, shavings, metal, glass, rags,
as, but not limited to, ashes, cinders, sand,
bage, whole blood, paunch manure, hair and
feathers, tilr, plastics, wood, unground gar-
containers, etc., either whole or ground by
fleshings, c?ntrails, paper dishes, cups, milk
garbage grinders.
Any garbage that has not been properly cmi-
nuted or shzedded to such a degree that all
particles will be carried freely in suspension
screen, 90% passing 1/4. screen).
in the munitcipal sewers. (100% passing 1/2.
Any noxious or malodorous substance, which
either singly or by interaction with other
substances is capable of causing odors objec-
tionable to persons of ordinary sensitivity.
Any wastes OK wastewater having a pH lower than
5.5 or higher than 9 .O or having any corrosive
property capable of causing damage or hazards
to the Wastewater Works or personnel.
Any wastes or wastewater of such character and
quantity tha.t unusual attention or expense is
required to handle them in the Wastewater
Works.
Any wastewat.er or wastes containing a toxic or
poisonous substance such as plating or heat
treating wa.stes in sufficient quantity to
injure or interfere with wastewater treatment
process, to constitute a hazard to humans or
animals, to create any hazard in the Wastewater
Works, or which would cause the utility Waste-
water treatment facilities to discharge any of
excess of the limitation as established in the
the following pollutants in quantities in
Wisconsin Administrative Code or WPDES Permit:
cyanide, - hex,avalent chromium, trivalent chromi- urn, copper, -nickel, cadmium, phenols, iron and
Tn . -
-24-
j. Any radioactive wastes greater than allowable
releases as specified by current United States
Bureau of Standards Handbooks dealing with the
handling and release of radio-activity.
k. Free or emulsified oil and grease exceeding on
analysis an average of 100 mg/l of either or
both or combinations of free or emulsified oil
and grease, if, in the opinion of the Superin-
tendent it appears probable that such wastes or
wastewater:
1. Can deposit grease or oil in the collection
system i!n such manner to cause it to clog.
2. Are not amenable to bacterial action and
will therefore pass to the receiving waters
without being affected by normal wastewater
treatmen.t processes.
3. Can have deleterious effects on the waste-
water treatment process due to the exces-
sive quantities.
1. Any cyanides. or cyanogen compounds capable of
excess of one-half (0.5) mg/l by weight as
liberating hydrocyanic gas or acidification in
cyanide in the wastes.
m. Wastes or wastewater which:
1. Cause unusual concentrations of solids or
composition; as for example, in total
suspended solids of inert nature (such a
solids (such as sodium chloride, or sodium
Puller's Earth) and/or in total dissolved
sulfate).
2. Cause excessive discoloration in the waste-
water treatment facilities discharge.
3. Bas BOD in excess of 900 mg/l based upon a
24-hour composite sample.
4. Bas a total BOD or suspended solids loading
in excess of the wastewater discharge
permit described in section 21.15.
-25-
b 5. IS discharged without application for a
wastewater discharge permit or contractual
agreement as required under Section 21.15.
6. Cause clamage to the collection system or
impair the treatment process.
NO person shall allow the discharge of slugs of
water or wastes to the collection system which may
be harmful to the operation of the Wastewater
Works. Where, in the opinion of the Superinten-
dent, slugging does occur, each person producing
such a discharge into the collection system shall
construct and maintain at his own expense, a stor-
age reservoir of sufficient capacity with flow
control equipment to insure an equalized discharge
over a 24-hour period.
NO person shall1 discharge any waste or wastewater
which would cause the wastewater treatment facili-
ties to be in violation of any of the requirements
of their WPDES permit.
No person shall connect to and discharge to the
collection system, unless there is capacity avail-
able in all dow~nstream components of the Wastewater
Works as determined by the City Engineer.
21.10 ACCIDENTAL D1SCAARGE:S
my person who accidentally discharges wastes or waste-
water prohibited under Section 21.09 shall immediateiy
report such discharge to the Superintendent.
21 .ll PRETFtEAlWENT PACILIT:[ES
(1) The Approving Authority may require pretreatment
discharge industrial waste, if the waste or waste-
facilities of any person discharging or planning to
water:
a. Could cause damage to the collection system.
b. Impair the treatment process.
-26-
c. Cause the Citty to incur treatment costs exceed-
ing those of domestic wastewater.
'd. Have any of the characteristics of the "Prohibi-
ted Discharges. described in Section 21.09 Ordi-
nance.
e. Cause the wastewater treatment facilities to
exceed its total design loading for volume, BOD,
suspended solids or any pollutant.
(2) Construction, operation and maintenance of pretreat-
ment facilities shall be at the expense of the
person discharging the industrial waste.
(3) Plans, specifications and any other pertinent infor-
mation relating to proposed pretreatment facilities
and City Engineer prior to the start of construc-
shall be submitted for review of the Superintendent
t ion.
(4) In accordance with Wisconsin Administrative Code NR
by qualified personnel holding a license of the
114, all pretreatment facilities shall be operated
proper class issued by the Wisconsin Department of
Natural Resources.
21.12 SAND AND GREASE TRAP INSTALLATIONS
Grease, oil and sand interceptors shall be provided at
repair garages, gasoline stations, car washes and other
industrial or comme~rcial establishments for the proper
handling of liquid wastes containing grease in excessive
amounts, oil, f lammiable wastes, sand and other harmful
ingredients. All interceptors shall be constructed in
accordance with the Wisconsin Plumbing Code and shall be
cleaning and inspection. €111 grease, oil and sand
located as to be readily and easily accessible for easy
interceptors shall be maintained by the owner, at his
expense, in continuous, efficient operation at all
times .
21.13 WASTEWATER UEASUREMENT AND SAMPLING
(1) Wastewater flows shall be assigned in accordance
with the Residential Equivalency Charge Chart in
Appendix A. unless:
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0
a
e
(a) Any lot, parscel of land, building or premises
discharging domestic wastewater or industrial
occupant of such property shall cause to be
waste into the collection system, the owner or
installed necessary metering equipment as ap-
proved by thte Superintendent to measure the
quantity of water pumped or discharged to the
collection s:ystem. All costs for metering
equipment, readings, calibrations, and veri-
fications sha.11 be billed to the user. The user
charge shall be based on the quantity of water
so measured. Whenever the person fails to
not practicable to measure the water consumed on
install such metering equipment, or where it is
any premises by a meter or meters, the Super-
intendent shall determine the estimated volume
of water discharged into the Wastewater Works.
(2) The Superintendent may require the installation of
devices for metering the volume of waste discharged
if those volumes cannot otherwise be determined or
day. The metering devices shall be owned and main-
if the user discharges over 25,000 gallons on any
consent of the Superintendent.
tained by the person and may not be removed without
(3) Control Manholes: All persons discharging indus-
trial wastes into the Wastewater Works shall con-
accessible positions on public property or easement
struct and maintaftn control manholes in suitable and
to facilitate the observation, measurement and
sampling of all his wastes or wastewater. Control
manholes shall Ibe located and constructed in a
manner approved by the Superintendent. Plans shall
be submitted andl approved by the Superintendent
prior to construct:ion.
21.14 INDOSTRIAL WASTE ANAL!CSIS
(1) The utility will collect samples and perform lab-
oratory tests on industrial waste discharges as
acter and concentration of an industrial waste.
necessary to verify the quantity of flow and char-
The utility test results shall be used to determine
the applicable surcharge.
(2) Waste or wastewater discharge may be sampled man-
ually or by the use of mechanical equipment as
-28-
posite sample. samples shall be taken at intervals
necessary to obtain a representative 24-hour com-
to be establish>ed by the discharge permit under
Section 21 -15.
(3) When Wisconsin Administrative Code Sections NR 101
or NR 202 require the submittal of the character,
and concentration of wastes, waste volume, and
production information to the utility or Wisconsin
shall have the waste character and concentration Department of alatural Resources (DNR), the user
determined by an independent testing laboratory. A
copy of the test results and DNR reports shall be
submitted to the Superintendent.
(4) All measurements and test analysis of the charac-
teristics of ind,ustrial wastes shall be determined
in accordance with 'Standard Methods'.
21.15 WASTEWATER DISCHARGE PERMIT SYSTEM
(1) Wastewater Discharge Permit: A wastewater dis-
charge permit is required under this section if a
person's discharge into the utility Wastewater
Works has any of the following characteristics:
a. A BOD greater than 200 mg/l.
b. A suspended solids concentration greater than
250 mg/l.
c. A volume of 25,000 gallons per day or greater
of discharge.
is discharge'd by any user at one or more points
d. Any of the characteristics listed under Section
21.09.
~ny such persons planning to discharge, changing
discharge permit has expired shall make application
the Characteristics of their discharge or whose
to the Superintendent within 60 days prior to the
make application to the Superintendent within 60
discharge. All persons currently discharging shall
days after passage of this ordinance and must have
discharge or discontinue discharging. A discharge
an executed permit within 60 days of application to
permit will be required for each separate point of
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discharge into the Wastewater Works.
water Works without a wastewater discharge permit,
if required by this section.
shall discharge waste or wastewater into
(2) Permit Application: users seeking a wastevater
discharae Dermilr shall caadete and file with the
Superintenbent an application on the form pre-
application, the user shall submit the following
scribed by the Superintendent.. In support of this
information:
a. Name, address and standard industrial class-
ification number of applicant.
b. Average daily volume of wastewater to be dis-
charged.
c. Wastewater constituents and characteristics as
determined by a method approved by the Super-
, intendent.
d. Time and duration of discharge.
e. Average and! peak wastewater flow rates, in-
cluding daily, monthly and seasonal variations,
if any.
f. Site plans, floor plans, mechanical and plumb-
ing plans and details to show all sewers and
appurtenances by size, location and elevation.
g. Description of activities, facilities and plant
processes on the premises including all ma-
terials and types of materials which are, or
could be, discharged.
h. Each product produced by type, amount and rate
of production.
i. Number and type of employees, and hours of
work .
j. Any other information as may be deemed by the
Superintendent to be necessary to evaluate the
permit application.
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by the user and nay require additional information.
me Superintendent will evaluate the data furnished
After evaluation and acceptance of the data fur-
nished, the superintendent may issue a wastewater
discharge permit subject to terms and conditions
provided herein.
(3) Permit Conditions: Wastewater discharge permits
shall be expressly subject to all pnovisions of
charges and fees established by the Approving
this ordinance and all other regulations, user
Authority. The conditions of wastewater discharge
permits shall be uniformly enforced by the Super-
applicable state and Federal regulations. Permit
intendent in accordance with this ordinance, and
conditions will include the following:
a. The Residential Equivalency Charge, Connection
Charge, sewer Use Charge and Schedule for Sur-
charged to the Wastewater Works.
charge fees for the wastewater to be dis-
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b. The average and maximum wastewater constitu-
tents and ch,aracteristics.
C. Limits on rate and time of discharge or re-
quirements for flow regulations and equali-
zation.
d. Requirements, for installation of control man-
holes.
e. Pretreatment requirements.
f. Requirements for maintaining plant records
relating to wastewater discharges as specified
by the Superintendent, and affording the City
access thereto.
g. Average and maximum pollutant concentrations
discharges for all pollutants subject to limit-
and total daily average and maximum pollutant
ations and prohibitions which are present in
the user's wastewater discharge.
h. All persons required to make application for a
wastewater discharge permit shall before issu-
ance of the permit, enter into a contractual
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agreement with the City. The contractual
agreement shall contain the conditions set
forth in the discharge permit, requirements for
industrial cost Eecovery charges and other
items deemed necessary by the Approving Au-
thor ity .
i. Other conditions as deemed appropriate by the
Superintendent to insure compliance with this
ordinance.
Duration of Permits: A permit shall be issued for
one (1) year and shall be automatically renewed on
a year to year basis, thereafter, unless the person
is notified by the Superintendent within 60 days
prior to the expiration of the permit or any re-
newal thereof. After such notification by the
Superintendent, the permit shall expire on the end
of that year. The terms and conditions of the
by the Superintendent during the life of the per-
permit shall be subject to modification and change
mit, if so reqluired because of any ordinances,
statutes, or rules and regulations of the Approviilg
Authority or any applicable state or federal body.
The person shall be informed of any proposed chang-
effective date of change. Any changes or new
es in his permit at least 60 days prior to the
conditions in the permit shall include a reasonable
time schedule for compliance.
Transfer of a Permit: Wastewater discharge permits
are issued to aspecific user for a specific oper-
ation. A wastewater discharge permit shall not be
reassigned or transferred or sold to a new owner,
new user, different premises, or a new or changed
operation.
Revocation of Permit: Any user who violates any of
or this ordinance; or of applicable State and
the conditions of his permit contractual agreement,
permit revoked.
Federal regulations, is subject to having his
21.16 ADMISSION TO PROPERTY
properties as may be necessary for the purpose of in-
The City shall be permitted to gain access to such
ing, in accordance with provisions of this ordinance.
spection, observation, measurement, sampling and test-
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21.18
CONFIDENTIALITY OF CRITICAL INFORMATION
when requested by the user furnishing a report or permit
application or questionaire, the portions of the report,
or other document, wh,ich might disclose trade secrets or
secret processes shall not be made available for use by
enforcement proceedings involving the person furnishing
the City or any Stalte agency in judicial review or
the report.
VIOLATIONS
(1) Any person who fails to comply with any of the
provisions of this ordinance or with an order of
the approving au.thority issued in pursuance of this
ordinance, or shall tamper with metering or sam-
pling, shall be .Liable to the City for any expense,
cluding reasonable attorney's fees and other ex-
loss or damage occasioned by such violation in-
penses of litigation and upon conviction of any
violation of this ordinance, shall be fined not
less than $lOO.,OO nor more than $2,500.00 per
violation, plus damages. Each day a condition is
allowed to exist. which is contrary to all OK any
part of this ordinance shall constitute a new
violation. Change of ownership or occupancy of
premises delinquent under the provisions of this
ordinance shall not be cause for reducing or elim-
inating charges due ynd penalties for violations.
(2) If any user shal.1 discharge a waste or wastewater
with a BOD concentration of 900 mg/l or greater, as
defined in .Section 21.09 (m)(3), said user shall
pay a penalty of $200.00 per violation. Each day a
violation OCCUKS shall constitute a separate vio-
ly, yearly or quarterly billing statement.
lation. Said pemalty shall be added to the month-
(3) In addition to 1.he court proceedings and penalties
described in the foregoing sections of this ordi-
this ordinance o:c fails to caply with any order of
nance, whenever a person violates any provision of
the Approving Authority, the Approving Authority
may order that a.n action be commenced on behalf of
the City in the Circuit Court for Waukesha County
for the purpose of obtaining an injunction re-
straining the person violating the ordinance or
.
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failing to c0mp:ly with the order, from making any
further discharges into the Wastewater Works of the
City.
21.19 STATE REGULATIONS
The City shall operate the sewer utility and enforce
this Ordinance in accordance with Section NR 128.13 of
the Wisconsin Administrative Code. The main items
included in NR 128.13 are as follows:
The City shall maintain a proportionate distribu-
costs among users and user classes.
tion of operation, maintenance and replacement
The City shall generate sufficient revenues to pay
total operation, maintenance and replacement costs.
The City shall apply excess revenues collected from
maintenance attributable to that class for the next
a class of users to the costs of operation and
year and adjust the rate accordingly.
All user charges specifically collected for re-
placement sha1:L be deposited in a separate and
distinct fund which shall be used exclusively for
replacement.
users discharging toxic pollutants shall pay for
ment costs caused by the toxic pollutants.
any increased operation, maintenance and replace-
users shall be notified at least annually, in
conjunction with a regular bill, of the rate and
that portion of the user charges which are attri-
butable to the sewer utility services.
This Ordinance shall take precedence over any terms
or conditions of agreement or contracts between the
City and users which are inconsistent with the
requirements of NR 128.13.
21.20 UMSD REGULATIONS
The following secti'ons and related appendices of The
Uilwaukee Metropolitan Sewerage District (MMSD) Rules
and Regulations, Chapter 17 promulgated by MMSD, as now
in effect and as the same may be amended from time to
time hereafter, are hereby incorporated by reference and
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SECTION V. - Effective Date
This ordinance shall take effect
cation as provided by law.
Date Adopted:
Date Published:
Effective Date :
i'
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