ORD200010351' AMENDED
ORDINANCE #lo35
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 21
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Sewer Utility)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 21 of the Municipal Code of the City of Muskego, Wisconsin is
hereby repealed and recreated in its entirety as adopted by Ordinance #1035, as
amended.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer and open to public inspection for not less than two weeks prior to the date of
this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of
the City.
SECTION 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect 0 the validity of all other provisions, sections or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect upon passage and
publication, except that the Chapter 21 of the Muskego Municipal Code as it exists prior
determining sewer service charges, billing procedures and payment of said charges for
the year 2000.
! to passage of this ordinance shall be in full force and effect solely for the purpose of
I
PASSED AND APPROVED THIS DAY OF AUGUST ,2000.
CITY OF MUSKEGO
David L. KAngelis,-Mayor
0
First Reading: 7/25/00
Published on the 17TH day of
August, 2000.
AMENDED
COMMON COUNCIL -CITY OF MUSKEGO
ORDINANCE #lo35
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 21
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Sewer Utility)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 21 of the Municipal Code of the City of Muskego, Wisconsin is
hereby repealed and recreated in its entirety to read as follows:
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect upon passage and
publication, except that the Chapter 21 of the Muskego Municipal Code as it exists prior
to passage of this ordinance shall be in full force and effect solely for the purpose of
determining sewer service charges, billing procedures and payment of said charges for
the year 2000.
PASSED AND APPROVED THIS BTH DAY OF AUGUST ,2000.
CITY OF MUSKEG0 3 David L. De Angelis, Mayor
First Reading: 7/25/00
Cover Ordinance Published on the 17TH
day of August, 2000.
Ord. #I035 Page 2
21.01 CREATION
The Common Council of the City of Muskego pursuant to the provision of Sec. 66.067
Wisconsin Statutes, does hereby declare the City of Muskego owned sewerage system,
collection system (as hereinafter defined), waste collection and disposal operations, and all
other appurtenances and equipment for such purposes, a public utility as of the date of this
Ordinance.
21.02 MANAGEMENT
(1) The operation, management and control of the utility is hereby vested in the Common
Council of the City of Muskego pursuant to the provisions of Sec. 66.066(1) Wisconsin
Statutes and hereinafter referred to as the "Approving Agency" All records of the utility
shall be kept by the Clerkfrreasurer and Utilities 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 every individual or entity connected to the sewerage system. Said rules,
regulations and rates may be changed from time to time as determined by the Common
Council and the right is reserved to make 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 Certified Public Accountants and shall make the books and records relating
to the utility available 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, corporations and institutions residing within the corporate limits of the City of Muskego 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 Control Act (33 U.S.C. 1251 et seq.) as
amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub.L. 92-
500) and (Pub.L. 93-243) or modified by Chapter 147, Statutes of the State of Wisconsin
or appropriate section Wisconsin Administrative Code adopted 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 per liter (mg/l), utilized
in the biochemical oxidation of organic matter under standard laboratory conditions for
Ord. #I035 Page 3
five days at a temperature of 20 degrees centigrade. The laboratory determination shall
be made in accordance with procedures set forth in "Standard Methods."
(4) "Building Sewer." "Lateral" or "Service Pipe" shall mean a sewer that carries only Sewage
and Industrial Wastes from the building plumbing to the Public Sanitary Sewer, This pipe
shall also be defined as one connection per pipe.
(5) "City" shall mean the City of Muskego.
(6) "Collection System" shall mean the system of sewers and appurtenances for the
collection, transportation and pumping of domestic wastewater and industrial waste.
(7) "Commercial" shall mean multifamily dwelling units consisting of 3 or more dwelling units
and all other uses not defined as residential, condominium or industrial users.
(8) "Condominiums" shall mean a residential dwelling unit that may consist of a single family
unit, duplex units or multifamily buildings of three or more units with a sewer connection
that may be used individually or in common with other condominium units.
(9) "Connection Charge" shall mean a charge levied on users for each lateral connected to
the sewerage system. The revenues generated from the connection charge shall be
used to cover the cost of infiltration and inflow.
(10) "Consumption Charge" shall mean a charge levied on users to recover the component of
total operation, maintenance and capital costs of the sewerage system that relates to
wastewater flow caused by users of the Sewerage System. The Consumption Charge
shall consist of a charge in terms of dollars per 1,000 gallons of flow.
(11) "Debt Retirement" shall mean all annual principal and interest requirements and
obligations of the City for the Sewerage System, including capital charges.
(12) "Domestic Wastewater" shall mean water-borne waste normally being discharged from
the sanitary conveniences of dwellings, apartment houses, hotels, office buildings, factory
and institutions, free of industrial waste and in which the average concentration of
suspended solids is established at 320mg11 and a BOD is established at 255 mg/l.
(13) "Flow Proportional Composite Sample" shall mean a sample consisting of portions of
waste taken in proportion to the volume of flow of said wastes.
(14) "Industrial User" shall mean any non-governmental, nonresidential user of the Sewerage
System that discharges more than the equivalent of 1,000 gallons per day (GPD) of
sanitary wastes and whose activities are identified in the Standard Industrial Classification
Manual, 1972, Office of Management and Budget, as amended and supplemented, under
the following divisions: 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 classification, the City may exclude domestic wastes or discharges from
sanitary conveniences. Afler applying the sanitary waste exclusion, discharges in the
above divisions that have a volume exceeding 1,000 GPD or the weight of biochemical
oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 1,000
GPD of sanitary waste are considered industrial users. Sanitary wastes, for purposes of
Ord. #I035 Page 4
this calculation of equivalency, are the waste discharges from residential users. Any
nongovernmental user of the Sewerage System that discharges wastewater to the
Sewerage System that contains toxic pollutants or poisonous solids, liquids or gases in
sufficient quantity either singly or by interaction with other waster, to contaminate the
sludge of any municipal system, or to injure or to interfere with any sewage treatment
process, or that constitutes a hazard to humans or animals, creates a public nuisance, or
creates any hazard in or has an adverse 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 1,000 gallons per day of sanitary waste.
(15) "Industrial Waste" shall mean any water-borne solids, liquids or gaseous wastes other
than domestic wastewater, resulting from discharging from, flowing from or escaping from
any commercial, industrial, manufacturing or food processing operation or process or
from the development of any natural resource, or any mixture of these with water or
domestic wastewater,
(16) "Intercepting Sewef shall mean a sewer constructed to receive the dry weather flow of
untreated or inadequately treated wastewater from one or more existing sanitary system
terminals other than from a dwelling or building that presently discharges or formerly
discharged flow directly into any waters of the state, and convey the flow to a treatment
works, or is to serve in lieu of an existing or proposed treatment works.
(17) "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body
of surface or ground water
(18) "Normal Sewage" shall mean wastewater in which B.O.D., Suspended Solids, or
phosphorus concentrations do not exceed normal concentrations of:
(a) A five-day 20 degree C., B.O.D. of not more than 200 parts per million.
(b) A suspended Solids concentration of not more than 250 parts per million.
(19) "Operation and Maintenance Cost" shall mean the actual sums spent by the utility in the
operation and maintenance of its Sewerage System consisting of but not limited to, each
and all of the following purposes:
(a) Wages and salaries and employees related expenses of operating, maintenance,
clerical, laboratory and supervisory personnel, together with fringe benefits and
premiums paid on such wages and salaries for the State of Wisconsin worker'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
Ord. #I035 Page 5
(9 Premiums for insurance providing coverage against liability for the injury to person
andlor property.
(9) Rents and leasing costs
(h) Operation, licensing and maintenance costs for trucks and heavy equipment.
(i) Consultant and legal fees.
6) Replacement
(k) Operation; maintenance and capital costs charged to the City of Muskego by the
Milwaukee Metropolitan Sewerage District (MMSD) or the Town of Norway Sanitary
District No. 1
(20) "Persons" shall mean any and all persons, natural or artificial, including any individual,
firm company, municipal or private corporation, association, governmental agency or
other entity and agents, servants or employees.
(21) "pH shall mean the logarithm (base IO) of the reciprocal of the hydrogen ion
concentration expressed in moles per liter It shall be determined by one of the
procedures outlined in the "Standard Methods"
(22) "Public Sewer shall mean a sewer in which all owners or abutting properties have equal
rights, and is controlled or owned by public authority.
(23) "Replacement" shall mean expenditures for obtaining and installing equipment,
accessories and appurtenances that are necessary during the useful life of the treatment
works to maintain the capacity and performance for which such works were designed and
constructed.
(24) "Residential" shall mean all condominiums, single family or two family (duplex) dwelling
units. Multifamily or multiunit buildings consisting of 3 or more dwelling units shall be
classified as commercial. Multifamily dwelling buildings of 3 or more units that consist of
condominiums shall be classified as residential.
(25) "Residential Equivalent Connection" (REC) shall mean the amount of normal wastewater
discharged (base flow) by one average household. For user charge billings, the base
flow associated with one Residential Equivalent Connection shall be computed by
multiplying the City occupancy factor, as described in the current volume of the MMSD
Cost Recovery Procedures Manual, times the gallons per capita per day factor
established yearly by MMSD. Commercial lands shall be estimated at 4.81 RECs per
acre and industrial lands shall be estimated at 9.63 RECs per acre until the lands are
developed and actual flows can be established.
(26) "Sanitary Sewer shall mean a sewer that conveys domestic wastewater or industrial
waste or a combination of both, and into which storm, surface and ground waters or
unpolluted industrial wastewater are not intentionally passed.
Ord. #I035 Page 6
(27) "Sewer Service Charges" shall mean charges to Users of the Sewerage System. Sewer
Service Charges may include connection charges, consumption charges, ready to serve
charges, and other charges as deemed necessary by the Approving Authority so as to
assure that each user of the Sewerage System pays its proportionate share of the cost of
such facilities.
(28) "Sewerage System'' shall mean all facilities for the collection, transporting, and pumping
waste and wastewater, Also may be referred to as "sewer system''
(29) "Slug" shall mean any discharge of water or wastewater which in concentration of any
given constituent or in quantity of flow exceeds for any period longer than fifteen (15)
minutes more than five (5) times the average twenty-four (24) hour concentration or flows
during normal operation and shall adversely affect the collection system andlor
performance of the wastewater treatment works.
(30) "Standard Methods" shall mean the methods and procedures set forth in the latest edition
of "Standard Methods for the Examination of Water and Wastewatef as prepared,
approved and published by the American Public Health Association, American Water
Works Association and the Water Environment Federation.
(31) "Storm Sewer" shall mean a sewer that carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
(32) "Superintendent" shall mean the Utilities Superintendent who shall be in charge of and
supervise the operations and functions of the utility.
(33) "Suspended Solids" shall mean solids that either float on the surface of, or are in
suspension in water, sewage or other liquids, and which are removable by a laboratory
filtration device. Quantitative determination of suspended solids shall be made in
accordance with procedures set forth in "Standard Methods"
(34) "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 by discharge to the sanitary sewers and wastewater treatment facilities
provided.
(35) "User shall mean any person discharging domestic wastewater or industrial wastes into
the collection system.
(36) "Utility" shall mean the City of Muskego sewer utility established by this Ordinance
(Chapter 21).
(37) "Waste" shall mean any solids, liquid or gaseous material or combination thereof
discharged from any residences, business building, institutions and industrial
establishments into the collection system or storm sewer
(38) "Wastewater" shall mean a combination of the water-carried waste discharges into the
collection system from residences, business buildings, institutions and industrial
establishments, together with such ground surface and storm water as may be present.
Ord. #I035 Page 7
I
i
I
0 (39) "Wastewater Pumping Station" shall mean a pumping facility utilized to pump wastewater
within the collection system.
(40) "Wastewater Treatment Facilities" shall mean any facilities, devices and structures used
for receiving and treating wastewater from the Utility collection system.
(41) "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.
21.05 RULES AND REGULATIONS.
(1) DECLARATION OF POLICY
The Common Council of the City of Muskego finds and declares that the public health, comfort
and safety is preserved and enhanced by the provisions of the Sewerage System in the
promotion of a clean and healthful environment and that the failure to connect to the
Sewerage System is contrary to minimum health standards.
(2) CONNECTIONS.
(a) To assure preservation of public health, comfort and safety, the owner of any houses,
buildings or properties used for human occupancy, employment, recreation, or other
habitations, 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 directly with the proper
Public Sewer in accordance with the provisions of this Ordinance, within nine (9)
months after the Public Sewer first becomes operational or if an immediate health
hazard exists within 30 days upon receipt of notice from the Health Officer or City
Building Inspector
(b) Where the costs for connection exceed 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 30 days after the
completion of the work, files a written option with the City ClerMreasurer stating
that he cannot pay such 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, 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 Sewerage System
Ord. #lo35 Page 8
of an amount equal to 100% of the total charges calculated pursuant to
§21.06(2) and §21.06(3), payable monthly for the period in which the failure to
connect continues, and upon failure to make such a payment, said charge shall
(3) ALTERNATIVE DISPOSAL PROHIBITED.
be levied as a tax against.the lot or parcel to which sewer service was furnished.
(a) No person shall construct or maintain any privy vault, septic tank, cesspool or other
facility intended to be used for the disposal of domestic 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 jurisdiction of the City, wastewater 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 persons will be permitted to do any plumbing or pipe fitting
work in connection with the Sewerage System without first receiving a license from the State of
Wisconsin. If the work is performed by or under the direction of the City, and is on property
subject to easement for highway or street purposes or public service right-of-way, this
requirement is not applicable.
(5) MAINTENANCE OF SERVICES
All sewer services within the limits of the City from the street main to the property line and
including all controls between the same, shall be maintained and repaired without expense to
the property owner except when they are damaged as a result of negligence or carelessness
on the part of the property owner in which case they will be repaired at the expense of the
property owner All building sewers and all facilities throughout the premises served must be
maintained 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 requesting connection to the Sewerage
System shall file an application in writing to the Utility, in such form as is prescribed
for that purpose. Blanks for such applications will be furnished at the office of the
City Clerwreasurer The application must state fully and truly all the use that will be
presently made. If any change in use from that set forth in this application is
contemplated, the user must obtain further application and permission from the utility.
If the applicant is not the owner of the premises, the written consent of the owner
must accompany the application.
The application may be for service to more than one building, or more than one unit
of service through one service connection; and, in such case, charges shall be made
accordingly.
Ord. #lo35 Page 9
If it appears that the service applied for will not provide adequate service for the
contemplated use, the Utility may reject the application. If the Utility approved the
application, it shall issue a permit for services as shown on the application.
All expenses relating to the connection to the Sewerage System shall be paid by the
applicant or owner
Tap Permits. After sewer connections have been introduced into any building or
upon any premises no plumber shall make any alterations, extensions, or
attachments, unless the party ordering such tapping or other work shall obtain and
exhibit the proper permit for the same from the utility.
User to keep 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 Sewerage System. The user is responsible for
their service pipe from the sewer main through their premise.
User Use Only. No user shall allow other persons to connect to, or permit other uses
to be made of, the Sewerage System through his lateral.
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 fixtures, and the manner in which the drains and sewer
connections operate; and they must at all times, frankly and without concealment,
answer all questions put to them relative to its use.
Responsibility. No claim shall be made against the City or its agents or employees
by reason of the breaking, clogging, stoppage or freezing of any service pipe; nor
from any damage arising from repairing mains, making connections or extensions or
any other work that may be deemed necessary by the City absent gross negligence
of the City, its agents or employees. The City may cut off the service at any time for
the purpose of repairs or any other necessary purpose, any permit granted or
regulation to the contrary notwithstanding. Whenever it shall become necessary to
shut off the sewer service within any areas of the City, the City shall, if practicable,
give notice to each affected user
(7) EXCAVATIONS,
(a) In making excavations in streets or highways for laying service pipe or making
repairs, the paving and earth moved must be deposited in a manner that will
occasion the least inconvenience to the public.
(b) No person shall leave any such excavation made in any street or highway open at
any time without barricades; and during the night, warning lights must be maintained
at such excavations.
(c) All services within the public right-of-way shall have their trenches backfilled with
materials as approved by the Superintendent of Public Works; and this work together
with the replacing of sidewalks, and paving must be done so as to make the street as
good, at least, as before it was disturbed, and satisfactory to the City.
Ord. #IO35 Page IO
(8) LATERALS.
(a) All laterals on private property will be installed in accordance with State of Wisconsin
Administration Code Chapter DOC 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 before backfilling; and tested
before and after backfilling.
(9) TAPPING THE MAINS
(a) No persons, except those having special permission from the City or persons in their
service and approved by them, will be permitted, under any circumstances to tap the
Public Sanitary Sewers. The kind and size of the connection with the Public Sanitary
Sewers shall be that specified in the permit or order from the City.
(b) Pipes should always be tapped at the top, and not within six inches (15 cm) of the
joint, or within 24 inches (60 cm) of another lateral connection.
(c) When any lateral is to be re-laid 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.
(IO) METERING
(a) All industrial, commercial and multifamily users (consisting of three or more units)
shall be required to install metering devices as further described at Section 21 13 of
this Ordinance at usets expense by 12/31/00. This metering requirement shall apply
to all water systems including but not limited to private, community, and public water
systems.
21.06 SEWER SERVICE CHARGES. CONNECTION CHARGES AND RESERVE CAPACITY
ASSESSMENTS
(1) GENERAL
(a) It shall be the policy of the Utility to establish sewer service charges in such amount
as to obtain sufficient revenues to pay the following costs: 1 Operation and
maintenance including contributions to a replacement fund. 2. Debt service
including debt service reserves and coverage requirements.
(b) Those aspects of sewer service charges relating to operation, maintenance and
replacement fund shall be in accord with any relevant and applicable requirements
imposed by the Wisconsin Department of Natural Resources or by federal law.
(c) The Utility may establish sewer service charges including connection charges,
consumption charges, ready to serve charges and other charges as deemed
Ord. #I035 Page 11
necessary by the Approving Authority so as to assure that each user of the sewerage
system pays its proportionate share of the cost of such facilities.
(d) A review of the user charge system shall be conducted on an annual basis. This
review shall include an analysis of the total costs of the system and of wastewater
contribution of users and user classes.
(e) The charges established hereunder will be developed using a utility rate making
method that include recovery of operation and maintenance costs plus depreciation,
amortization and a return on investment. The computation of revenue requirements
for ratemaking purposes will include reductions for City subsidies, other revenues
and operating reserves.
(2) CONSUMPTION CHARGE
A consumption charge is hereby imposed upon all users of the sewerage system. The
consumption charge will recover the component of total operation, maintenance and capital
costs of the sewerage system that relates to sewage flow attributable to users of the system.
The consumption charge shall consist of a charge in terms of dollars per 1,000 gallons. The
consumption charge shall be based upon metered water usage or an assigned residential
equivalent connection (REC) value. All single-family residences or stand alone or detached
condominiums shall be assigned a REC value of one (1). For all users other than single-family
residences, stand alone or detached condominiums, duplexes or duplex condominiums,
consumption charge shall be based upon metered water usage. For all users that do not have
water meters installed, other than single-family residences, stand alone or detached
condominiums, the consumption charge shall be based upon the assigned REC value
determined as follows:
Property Type
Residential Properties
DuplexlCondominium (3 bedroom Unit - each side)
DuplexlCondominium (2 Bedroom Unit - each side)
DuplexlCondominium (1 Bedroom or less unit - each side)
Single Family with Mother-in-law (3 bedroom attachment)
Single Family with Mother-in-law (2 bedroom attachment)
Single Family with Mother-in-law (I bedroom attachment)
1 .oo
75
.50
2.00
1 75
1.50
Multifamily Apt./Condominium (3 Bedroom Unit - each unit) 1 .oo
Multifamily Apt./Condominium (2 Bedroom Unit - each unit) 75
Multifamily Apt./Condominium (1 Bedroom UniVLess - each unit) .50
Commercial and Industrial Properties See Note (1)
Note (1): Commercial and Industrial Properties:
REC values for all nonmetered properties shall be assigned based upon the methodology set
forth in the Estimated Volume of Discharge section of the current volume of the Milwaukee
Metropolitan Sewerage District Cost Recovery and Procedures Manual as may be amended
from time to time.
All buildings shall be assigned a minimum value of one (1) REC.
Ord. #I035 Page 12
(3) CONNECTION CHARGE
A connection charge is hereby imposed upon each user connected to the sewerage system.
The connection charge shall recover the cost of infiltration and inflow in the sewerage system.
The connection charge shall be levied to each lateral connection to the sewerage system and
will consist of a flat fee per connection. Laterals that have multiunit condominium dwellings
connected to them shall have the cost of the lateral connection divided proportionately to each
of the users of the lateral.
(4) SPECIAL RATES
It is understood that the approving authority may at any time hereafter set special rates for
certain users. Any user discharging wastewater other than domestic wastewater or any toxic
pollutants, wastewater or other wastes to the sewerage system shall pay for the increased
operation, maintenance and replacement costs caused by their discharge.
(5) INDUSTRIAL AND COMMERCIAL CHARGES FOR OTHER THAN DOMESTIC
WASTEWATER.
Charges made for wastewater and other than Domestic Wastewater shall be based on flow,
BOD, Suspended solids, Phosphorous and other such constituents that affect the cost of
collection and treatment. All persons discharging waste into the Sewerage System are subject
to a surcharge, in addition to any other sewer 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, the Town of Norway Sanitary District, and the
Milwaukee Metropolitan Sewerage District (MMSD) in removing BOD, Suspended Solids,
Phosphorous, and other pertinent constituents. The total commercial and industrial service
charges shall consist of the actual surcharge from the MMSD or the Town of Norway Sanitary
District No. 1 submitted to the City of Muskego plus the connection charge and the
consumption charge from the City.
(6) INITIAL CONSTRUCTION FEE.
For each new lateral or service connection there shall be charged a fee in an amount as may
be established by the Common Council from time to time by separate resolution. 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 land currently within the City,
but not having an existing connection to the Sewerage System 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 Sewerage System. The number of residential
equivalent connections shall be calculated in accordance with Appendix A. For the purpose of
this chapter, sewer reserve capacity assessments in the City shall be classified as existing
users and future users.
Ord. #IO35 Page 13
(a) Existing Users
1, Property owners whose improved lot has been connected to City sewer prior to
January 1, 1985, will pay a reserve capacity assessment of $250 per residential
equivalency connection.
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 after November 1 in any calendar year, the assessment will be
paid on or before November 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 which are not being served by a
septic system, mounds or holding tank, will pay a reserve capacity assessment
of $1,500 per residential 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 assessment 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 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 equivalency, which determination may be appealed to the City of
Muskego Public Utilities Committee within 60 days of said determination. All
determinations of the number of residential equivalency units shall take into
consideration potential future use and necessary capacity.
(c) Installment Payments
1, The assessments for those connecting to the City of Muskego sewerage 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 November 1, 1984, and said first installment
being due on the date when real estate 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 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 assessment, except as
otherwise provided by statute. Existing users as defined above who are not
connected will be given the five installment method provided, however, the first
installment shall be due and payable on or before November 1 in the year the
Ord. #I035 Page 14
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 All annual installments due on the 1st day of November,
1996 and thereafter shall bear interest at the rate of 8% per annum on the same
basis as stated above until further action of the Common Council.
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 capacity is made available except if said connection or additional
capacity is made available after November 1 in any calendar year, then
commencing on November 1 of the next calendar year and said first installment
being due on the date when real estate 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 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 assessment, except as
otherwise provided by statute.
All annual installments due on the 1st day of November, 1996 and thereafter
shall bear interest at the rate of 8% per annum on the same basis as stated
above until further action of the Common Council.
(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 Sewerage System for sewer service where no indoor plumbing is available
shall pay for the availability thereof a "ready-to-serve charge" equal to the rate provided by
Section 21.06(3). A "ready-to-serve charge" is not a standby charge and applies only to
existing structures without indoor plumbing. 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) Any previously connected industrial building, which is now vacant, or any commercial
or industrial building, which is vacant due to initial construction, shall be assigned 1.0
REC for purposes of consumption charges. Such REC assignment will become
effective at the end of the quarterly period in which such building becomes vacant if
the owner, or the owner's agent, notifies the City CleWreasurer in writing of such
vacancy and upon inspection thereof by the City to determine that such building is
vacant. The owner or the owner's agent shall pay the a fee in such amount as will be
determined from time to time by resolution of the Common Council to the City for
such an inspection. The fee for said inspection shall be paid prior to the inspection
being made and is nonrefundable.
(b) It shall be the duty of the owner of any vacant commercial or industrial building to
notify the City ClerluTreasurer in writing within five (5) days from the date any such
building, or any portion thereof, is re-occupied. The sewer user charge for the
Ord. #I035 Page 15
quarter that any such building or any portion thereof is re-occupied shall be prorated
for such quarter,
(c) If such owner fails to notify the City Clerlulreasurer of re-occupancy of said building,
or any portion thereof as herein provided, then 200% of the sewer user charge 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.
21.07 ANNUAL BUDGET AND METHOD OF PAYMENT OF CHARGES
On an annual basis and prior to December 1"' of each year, the Finance Director shall
prepare a Sewer Utility budget. The budgeted expenditures shall be incorporated into
the annual sewer user rate review. The budgeted revenues shall be sufficient to cover
projected operation, maintenance and debt service costs of the sewer utility and any
contributions to replacement or reserve accounts as may be deemed necessary.
Sewer service charges may be billed monthly, bi-monthly or quarterly and will be billed in
the period after which services are received. Charges shall be payable at the City
Clerkllreasurer's office or at any other officially designated location. Statements for such
charges and assessments levied and assessed in accordance with this ordinance shall
become due and payable within 30 days from and after the date of the statement. In the
event that any such statement or statements are for connections made to the sewerage
system in the year billed, and any such statement or statements are not paid when due, a
penalty of 1%% per month will be added thereto.
Billing: The property owner is held responsible for all sewer bills on premises that he
owns. All sewer bills and notices of any nature, relative to the sewer service, will be
addressed to the owner andlor occupant and delivered to the addressee by first class
mail.
Failure to Receive Bill No Penalty Exemption: Every reasonable care will be exercised in
the proper delivery of sewer bills. Failure to receive a sewer bill, however, shall not
relieve any person of the responsibility for payment of sewer rates within the prescribed
period, nor exempt any person from any penalty imposed for delinquency in the payment
thereof.
Delinquent Accounts:
(a) On or before October 1 of each year, the sewer utility shall furnish the City
ClerWreasurer with a listing of all lots or parcels for which utility charges are still
owed for service provided in the year preceding October 1''
(b) On October 15 in each year, the City ClerlcTTreasurer shall give notice to the owner or
occupant of all lots or parcels of real estate for which payment is owed and in arrears
at the time that the notice is given. Such notice shall be in writing and shall state the
amount of such arrears, including any penalty assessed pursuant to the rules of the
City. The notice shall also state that unless such arrears, with any such added
penalty, is paid by November 1, thereafter a penalty of 10% of the amount of such
Ord. #I035 Page 16
arrears will be added thereto and that unless such arrears, with any such added
penalty, shall be paid by November 15, thereafter, the same will be levied as a tax
against the lot or parcel of real estate to which utility service was furnished and for
which payment is delinquent. Such notice may be served by delivery to either such
owner or occupant personally or by letter addressed to such owner or occupant at
the post office addresses of such lot or parcel of real estate. Failure to serve or
receive such notice, however, shall not relieve any person of the responsibility for
payment for services that have been furnished, nor exempt any person from any
penalty imposed for delinquency in the payment thereof, nor exempt the property
from imposition of a lien as provided herein.
On November 16, the City ClerWreasurer shall certify and file a list of all lots or
parcels of real estate, giving the legal descriptions thereof, for which the owners or
occupants were given notice of arrears in payment as above specified and for which
arrears still remain unpaid. The list shall state the amount of such arrears together
with the added penalty thereon as herein provided. Each delinquent amount
including penalty, shall thereupon become a lien upon the lot or parcel of real estate
to which the service was furnished and payment is delinquent. The City
ClerklTreasurer shall insert the same as a tax against such lot or parcel of real
estate. All proceedings in relation to the collection of general property taxes shall
apply to said delinquent tax if the same is not paid within the time required by law for
payment of taxes upon real estate.
(6) Charges for sewer usage shall begin on the date a residential, commercial, industrial or
institutional parcel or building is connected to the sanitary sewer
21.08 ACCOUNTS AND FUNDS
(1) Income and revenues derived by the Utility shall be accounted for separately and
distinctly from the City General Fund.
(2) A replacement reserve fund shall be maintained with the purpose of providing for the
replacement of mechanical equipment in order to maintain the capacity and performance
for which the sewer system facilities were designed. Other segregated funds (e.9. debt
reserve, capital improvement fund) may be established and maintained as necessary.
21.09 PROHIBITED DISCHARGES
(1) No person shall discharge or cause to be discharged any storm water, ground water, roof
runoff, yard drainage, yard fountain, swimming pool or pond 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 collection system either
directly or indirectly any of the following described wastes or wastewater:
(a) Any liquid having a temperature higher than 150 degrees Fahrenheit (65 degrees
Centigrade).
Ord. #I035 Page 17
-
clog.
Any wax, grease or oil, plastic or any other substance that will solidify or become
discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit
(0 degrees to 65 degrees Centigrade).
Any solids, liquids or gases, which by themselves or by interaction with other
substances may cause fire, explosion, hazards, create toxic fumes or in any other
way be injurious to persons or property involved in the operation or maintenance of
the Sewerage System.
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 Sewerage System, such as, but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole
blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
Any garbage that has not been properly comminuted or shredded to such a degree
that all particles will be carried freely in suspension in the municipal sewers. (100%
passing 1.2" screen, 90% passing 1/4" screen).
Any noxious or malodorous substance, which either singly or by interaction with other
substances is capable of causing odors objectionable to persons of ordinary
sensitivity.
Any wastes or wastewater having a pH lower than 5.5 or higher than 9.0 or having
any corrosive property capable of causing damage or hazards to the Sewerage
System or personnel.
Any wastes or wastewater of such character and quantity that unusual attention or
expense is required to handle them in the Sewerage System.
Any wastewater or wastes containing a toxic or poisonous substance such as plating
or heat treating wastes in sufficient quantity to injure or interfere with wastewater
treatment process, to constitute a hazard to humans or animals, to create any hazard
in the Sewerage System, or which would cause the Wastewater treatment facilities to
discharge any of the following pollutants in quantities in excess of the limitation as
established in the Wisconsin Administrative Code or WPDES Permit: cyanide,
hexavalent chromium, trivalent chromium, copper, nickel, cadmium, phenols, iron and
tin.
Any radioactive wastes greater than allowable releases as specified by current
United States Bureau of Standards Handbooks dealing with the handling and release
of radioactivity.
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 Utilities Superintendent it appears probable that such wastes or wastewater:
1, Can deposit grease or oil in the collection system in such manner to cause it to
Ord. #I035 Page 18
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 wastewater treatment process due to the
excessive quantities.
(I) Any cyanides or cyanogen compounds capable of liberating hydrocyanic gas or
acidification in excess of one-half (0.5) mg/l by weight as cyanide in the wastes.
(m) Wastes or wastewater that:
1 Cause unusual concentrations of solids or composition; as for example, in total
suspended solids of inert nature (such a Fullet's Earth) andlor in total dissolved
solids (such as sodium chloride, or sodium sulfate).
2. Cause excessive discoloration in the wastewater treatment facilities discharge
3. Has BOD in excess of 900 mgll bases upon a 24-hour composite sample.
4. Has a total BOD or suspended solids loading in excess of any wastewater
discharge permit described in Section 21 15.
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
that may be harmful to the operation of the Sewerage System. Where, in the opinion of
the Utilities Superintendent, slugging does occur, each person producing such a
discharge into the collection system shall construct and maintain at this own expense, a
storage 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 that would cause the wastewater
treatment facilities to be in violation of any of the requirement of their WPDES permit.
(5) No person shall connect to and discharge to the collection system, unless there is
capacity available in all downstream components of the Sewerage System as determined
by the City Engineer
21.10 ACCIDENTAL DISCHARGES.
Any person who accidentally discharges wastes or wastewater prohibited under Section 21.09
shall immediately report such discharge to the Utilities Superintendent.
0 21.11 PRETREATMENT FACILITIES.
Ord. #I035 Page 19
(1) The Approving Authority may require pretreatment facilities of any person discharging or
planning to discharge industrial waste, if the waste or wastewater:
(a) Could cause damage to the collection system
(b) Impair the treatment process
(c) Cause the City to incur treatment costs exceeding those of domestic wastewater
(d) Have any of the characteristics of the "Prohibited Discharges" described in Section
21.09 Ordinance.
(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 pretreatment facilities shall be at the
expense of the person discharging the industrial waste.
(3) Plans, specifications and any other pertinent information relating to proposed
pretreatment facilities shall be submitted for review of the Utilities Superintendent and
City Engineer prior to the start of construction.
(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 industrial or commercial establishments for the proper handling of liquid
wastes containing grease in excessive amounts, oil, flammable wastes, sand and other
harmful ingredients. All interceptors shall be constructed in accordance with the Wisconsin
Plumbing Code and shall be located as to be readily and easily accessible for easy cleaning
and inspection. All grease, oil and sand interceptors shall be maintained by the owner, at his
expense, in continuous, efficient operation at all times.
21.13 WASTEWATER MEASUREMENT AND SAMPLING
(1) Wastewater flows shall be assigned in accordance with the methodology set forth in the
Estimated Volume of Discharge Section of the current volume of the Milwaukee
Metropolitan Sewerage District Cost Recovery and Procedures Manual as may be
amended from time to time, unless the City requires or the Owner of any lot, parcel of
land, building or premises discharging domestic wastewater or industrial waste into the
sewerage system requests that the necessary metering equipment be installed as
approved by the Utilities Superintendent to measure the quantity of water pumped or
discharged to the sewerage system.
Ord. #I035 Page 20
All costs for metering equipment, installation. readings, calibrations and verifications shall
be paid for by the user The user charge shall be based on the quantity of water so
measured. Whenever the person fails to install such metering equipment, or where it is
not practicable to measure the water consumed on any premises by a meter or meters,
the Utilities Superintendent shall determine the estimated volume of water discharged
into the Sewerage System.
The user shall be required to verify the accuracy of the water metering equipment at the
Following minimum intervals: [Note: For those on municipal water, the water utility tests
the metering equipment per the below schedule at no charge to the user.]
Water Meters Size In. Test Interval - Years
518. 314. 1 10
1 112 aid 2
3 and 4
6 and over
4
2
1
Sewer meters shall be tested and certified every 6 months.
The meter testing shall be performed by any approved meter manufacturer and results
shall be issued to the City.
The City shall establish a yearly charge for each metered user to recover its costs for
readings, records and billing costs.
The Utilities Superintendent may require the installation of devices for metering the
volume of waste discharged if those volumes cannot otherwise be determined. The
metering devices shall be owned and maintained by the person and may not be removed
without consent OF the Utilities Superintendent.
Control Manholes: All persons discharging industrial wastes into the Sewerage System
shall construct and maintain control manholes in suitable and accessible positions on
public property or easement to facilitate the observation, measurement and sampling of
all his wastes or wastewater Control Manholes shall be located and constructed in a
manner approved by the Utilities Superintendent. Plans shall be submitted and approved
by the Utilities Superintendent prior to construction.
The Utility Superintendent shall determine the type of meter to be used
21.14 INDUSTRIAL WASTE ANALYSIS
(1) When Wisconsin Administrative Code Sections NR 101, NR 202 and/or the MMSD or the
Town of Norway Sanitary District No. 1 require the submittal of the character, and
concentration of wastes, waste volume, and production information to the MMSD or the
Town of Norway Sanitary District No. 1 and/or Wisconsin Department of Natural
Resources (DNR), the user shall have the waste character and concentration determined
Ord. #lo35 Page 2 I
by an independent testing laboratory. A copy of the test results and DNR reports shall be
submitted to the Utilities Superintendent.
21.15 WASTEWATER DISCHARGE PERMIT SYSTEM
(1) Wastewater Discharge Permit. The requirement for wastewater discharge permits is
regulated by the MMSD or the Town of Norway Sanitary District No. 1, A copy of the
permit application and any issued permit shall be submitted to the Utilities
Superintendent.
(2) Revocation of Permit. Any user who violates any of the conditions of his permit
contractual agreement, or this ordinance; or applicable State and Federal regulation, is
subject to having his permit revoked.
21.16 ADMISSION TO PROPERTY
The City shall be permitted to gain access to such properties as may be necessary for the
purpose of inspection, observation, measurement, sampling and testing, in accordance with
provisions of this ordinance.
21.17 CONFIDENTIALITY OF CRITICAL INFORMATION
When requested by the user furnishing a report or permit application or questionnaire, the
portions of the report, or other document, which might disclose trade secrets or secret
processes shall not be made available for use by the City or any State agency in judicial
review or enforcement proceedings involving the person furnishing the report.
21.18 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 ordinance, or shall tamper
with metering or sampling, shall be liable to the City for any expense, loss or damage
occasioned by such violation including reasonable attorney's fees and other expenses of
litigation and upon conviction of any violation of this ordinance, shall be fined not less
than $100.00 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 violation. Change of ownership or occupancy of premises delinquent under the
provisions of this ordinance shall not be cause for reducing or eliminating charges due
and penalties for violations.
(2) In addition to the court proceedings and penalties described in the foregoing sections of
this ordinance, 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 restraining the person violating the ordinance or
failing to comply with the order, from making any further discharges into the Sewerage
System of the City.
Ord. #I035 Page 22
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 distribution 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 replacement shall be deposited in a separate
and distinct fund that shall be used exclusively for replacement.
(5) Users discharging toxic pollutants shall pay for any increased operation, maintenance
and replacement costs caused by the toxic pollutants.
(6) Users shall be notified at least annually, in conjunction with a regular bill, of the rate and
that portion of the user charges that are attributable to the sewer utility services.
(7) This Ordinance shall take precedence over any terms or conditions of agreement or
contracts between the City and users that are inconsistent with the requirements of NR
128.13.
21.20 MMSD REGULATIONS
The following sections and related appendices of the Milwaukee Metropolitan Sewer 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 shall be of full force and effect as though set forth in their entirety herein.
17 102 Definitions
17 104(1) Municipal Transfer of Data
17 104(2) Estimated Volume of Discharge
17 104(4) Collection Terms
17 105(1) User Transfer of Data
17 105(2) Discharge Factor Certification
17 105(3) Waste strength Certification
17 105(4) Certification Procedures
17 105(5) Verification
17 105(6) Audit Control of User Connections
17 105(7) Appeal Provision
17.201 Purpose of the User Charge System
17.202 User Charge Billing Basis
Ord. #I035 Page 23
17.203 Wholesale User Charge Billing Basis
17.204 Unit Costs of Treatment
17.401 Purpose of the Industrial Cost Recovery (ICR) System
17.402 ICR Billing Basis
17.403 Wholesale ICR Billing Basis
17.404 Unit Costs of ICR
21.21 MUSKEG0 SEWER EXTENSION PERMIT IN MMSD CONTRACT AREA
(1) INTENT
The City of Muskego has contracted with the Milwaukee Metropolitan Sewerage District
(MMSD) to provide sewer service within a certain area of the City pursuant to the terms and
conditions of said contract. Pursuant to the terms and conditions of said contract, there is a
limitation on the amount of base flow which the City may utilize and certain procedures after
which certain amounts of base flow will be considered to have been utilized by the City and
thereafter removed from the amount of base flow which can be utilized in the future by the
City. In adopting this ordinance, the City is attempting to prevent the allocation of portions of
the base flow to sewer extensions that will not be constructed within a defined time period.
(2) APPLICATION FOR SEWER EXTENSION PERMITS.
Any person who wishes to obtain a sewer extension permit within the MMSD contract area of
the City must file with the City an application for a sewer extension permit in a manner as
designated by the City. That said application will be considered by the Public Utilities
Committee of the City of Muskego and shall only be granted if the Committee determines that
the amount of capacity allocated by the granting of said permit will not jeopardize the ability of
the City to comply with the terms and conditions of said MMSD contract and it is reasonably
anticipated that the extensions will be constructed and utilized within the time period stated in
this ordinance.
(3) TERMINATION OF PERMIT
(a) Except as provided herein, all sewer extension permits granted under this ordinance
shall automatically terminate and the allocation of said capacity shall cease to the
extent that said sewer extension is not certified, by a representative appointed by the
City to make said certification, to be completely constructed and approved within one
year of the granting of said permit.
(b) Any sewer extension permits granted under this ordinance may be extended beyond
the one year period specified in subsection (a) above if, prior to the end of said one
year period, the period is extended by a subdivider'sldeveloper's agreement entered
into between the holder of said permit and the City. Said extension shall only be
granted if installation of the sewer extensions is secured by either a letter of credit or,
when not prohibited by other ordinances or resolution of the City, other security
deemed appropriate by the City. Said letter of credit or security shall be sufficient to
ensure the installation of the sewer extension under terms and conditions satisfactory
to the City for that phase of the development covered by the subdivider'sldeveloper's
agreement.
Ord. #I035 Page 24
(c) Any subdividetsldeveloper's agreement entered into pursuant to subsection (b) above
shall also contain a provision, satisfactory to the City, indicating that all other sewer
extension permits granted under this ordinance, and not secured as required in
subsection (b) above, shall automatically terminate and the allocation of said capacity
shall cease to the extent that said sewer extension is not certified, by a
representative appointed by the City to make said certification, to be completely
constructed and approved within four years of the execution of the
subdivider'sldeveloper's agreement.
(d) If the development noted above is being developed in phases, then the developer
may, within the four year period referred to in subsection (c) above, request that the
City enter into an additional subdivider'sldeveloper's agreement for the next phase of
said development. Any such developets agreement shall contain provisions as
required in subsection (b) above to secure and ensure installation of sewers for that
phase and shall also contain a provision as provided in subsection (c) above for the
remaining extension permits.
(e) A developer may, if additional phases are provided for in the development, submit
additional subdividetsldeveloper's agreements for additional phases. Any such
agreement shall be subject to the same terms and conditions as stated in
subsections (b), (c) and (d) above.
(4) PERMISSION FOR USE OF SEWER EXTENSIONS PREVIOUSLY GRANTED.
(a) As to all sewer extensions that would now be under this section but were approved
prior to the initial adoption of Section 21.21 on July 3, 1991, all of the persons or
entities granted such permission shall be given notice of the passage of this
ordinance and shall be considered to have been granted a sewer extension permit as
of the date they are mailed notice of the adoption of this ordinance. No permit fee
will be required under this subsection. The sewer extension permit granted under
this subsection shall terminate and the allocation of said capacity shall cease to the
extent that said sewer extension is not certified, by a representative appointed by the
City to make certification, to be completely constructed and approved within one year
of the mailing of the notice of the adoption of this ordinance.
(b) Any sewer extension permits granted under this ordinance may be extended beyond
the one year period specified in subsection (a) above if, prior to the end of said one
year period, the period is extended by a subdivider'sldevelopets agreement entered
into between the holder of said permit and the City. Said extension shall only be
granted if installation of the sewer extensions is secured by either a letter of credit or,
when not prohibited by other ordinances or resolution of the City, other security
deemed appropriate by the City. Said letter of credit or security shall be sufficient to
ensure the installation of the sewer extension under terms and conditions satisfactory
to the City for that phase of the development covered by the subdividets/developets
agreement.
(c) Any subdivider's/developer's agreement entered into pursuant to subsection (b)
above shall also contain a provision, satisfactory to the City, indicating that all other
Sewer extension permits granted under this ordinance, and not secured as required
Ord. #I035 Page 25
in subsection (b) above, shall automatically terminate and the allocation of said
capacity shall cease to the extent that said sewer extension is not certified, by a
representative appointed by the City to make said certification, to be completely
constructed and approved within four years of the execution of the
subdivider'sldeveloper's agreement.
(d) If the development noted above is being developed in phases, then the developer
may, within the four year period referred to in subsection (c) above, request that the
City enter into an additional subdivider'sldeveloper's agreement for the next phase of
said development. Any such developer's agreement shall contain provisions as
required in subsection (b) above to secure and ensure installation of sewers for that
phase and shall also contain a provision as provided in subsection (c) above for the
remaining extension permits.
(e) A developer may, if additional phases are provided for in the development, submit
additional subdivider'sldevelopets agreements for additional phases. Any such
agreement shall be subject to the same terms and conditions as stated in
subsections (b), (c) and (d).
(5) PERMIT FEES.
Upon filing of an application, applicant shall pay a permit fee as may be determined by
Resolution of the Common Council from time to time per application per type of development
(residential, multifamily, commercial, or industrial).
' (6) PERMIT NOT A GUARANTEE.
Any applicant who has obtained a sewer extension permit pursuant to the provisions of this
Section shall also be subject to applicable rules and regulations of the Milwaukee Metropolitan
Sewerage District as well as all applicable State and Federal laws. The issuance of a sewer
extension permit under this Section is not a guarantee that an applicant will be allowed to
connect to the sewerage system.
City of Muskego - Municipal Code Chapter 21 -Appendix A
Residential Eauivalent Connection Chart
RESIDENTIAL REC
Condominium (single unit building) 1 .oo
'DuplexlCondominium (3 Bedroom unit-each side) 1 .oo
'DuplexlCondominium (2 Bedroom unit-each side)
.50
75
'Sinale Familv with Mother-in-law 13 bedroom attachment)
'DuplexlCondominium (1 Bedroom or Less unit- each side)
2.00
*Sinile Famil; with Mother-in-law i2 bedroom attachmentj
'Single Family with Mother-in-law (1 bedroom attachment)
Multiple Family Apt./Condo (3 Bdrm/more ea. unit)
Multiple Family Apt./Condo (2 Bedroom-ea. unit)
Multiple Family Apt./Condo (1 BdrmAess-ea. unit)
Single Family
Vacant Land
COMMERCIAUINDUSTRIAL REC
(Based on Employee Count)
10 or less Employees 1 .oo
11 to 15 Employees 1.25
16 to 20 Employees 1.50
Each additional 5 Employees 25
Advertising Agencies
Auto 8 Supply Stores
Banks
City Hall
Building Materials Dealer
Commercial Printing
Drug Stores
Dry Cleaners
Employment Services
Factory/lndustry (Non-Metered)
Garage
General Contracting Offices
GreenhouseIGarden Center
Hardware-Wholesale/Retail
Insurance Companies
Library
Liquor Stores
Office Buildings
Offices of Attorneys
Police Department
Photographic Studios
Real Estate Offices
Retail Stores
Savings 8 Loan
Service Station
Toys 8 Hobby Stores
Telephone Exchange
Variety Stores
U.S. Postal Service
1,75
1.50
1 .oo
.50
75
1 .oo
0
COMMERCIAL/INDUSTRIAL REC
(Miscellaneous)
Amusement Parks
Barber Shops
Beauty Parlors
Bowling Alleys
Car Wash
Churches 1.25 (under 500
Upon application
75 full-time
manned station
manned station
75 full-time
,75 pair alleys
Upon Application
members)
2.00 (over 500
members)
Club House Upon Application
Dance Hall Upon Application
Factory/lndustry(Metered) 1.001192 gal./day
Fire Station 1 .oo
Funeral Homes Upon Application
Home/Bus. Comb.
ea. 5 employees
l.OO/home, + 25
if applicable or
REC Chart
2.50
,333 per machine
Mall (Public Facility)
Laundromat
Nursing Homes 75 per bed
Offices:
Dentists 1 .OO full-time
Osteopaths
Chiropractors
Physicians practitioner
Parks 1 .oo
Photo Lab .4 per employee
Restaurant:
Normal Operation .04 per seat
Schools:
24 Hour .06 per seat
Elementary
High
Personnel
.04 per student
.05 per student
.05 per person
Upon Application Swimming Pools
Tavern
Theater 2.50 per screen
.04 per seat
NOTE: a) 1 REC MINIMUM PER BLDG. (Including Commercial 8. Industrial). Any category of user not
listed shall be assigned a REC by the City Engineer If said applicant disputes such assignment, he may
appeal the decision to the Public Utilities Committee within 60 days of said determination.
b) All fractions of RECs shall be established to the next highest 25 REC.
'c) As determined by City Engineer and Public Utilities Committee on 11/16/89 and 12/16/93 per Note a).
t
/
r
STATE OF WISCONSIN)
Milwaukee County 1 ) ss.
Official Notice
COMMON COUNCIL. CITY OF
-0
MUSKEGO
AN ORDINANCE To REPEAL AND
ORDINANCE 111035
RECREATE CWER 21 OF THE
MUNICIPAL CODE OF THE CITY OF
MUSKEGO
(Sewer Utility)
THE COMMON COUNCIL OF THE CITY OF
MUSKEGO. WAUKESHACOUNTY. WISCONSIN, 00 ORDAIN AS FOLLOWS
SECTION 1: Chapter 21 of the Municipal Code
of the City of Muskego, Wisconsin is hereby
rewaled and recreated in its entiretv as adooted bv ~~
Ordmance lt1035, as amended.
SECTION 2: A copy of said Ordinance haa been
on file b the Ofice of the City Clerk.Trearurer and
apn to public mspction lor not less than two
Ordinance IS hereby, incorporated into the Munich-
weeks prmr lo the date of this Ordinance and said
SECTION 3: The several sections of ttu6 ordi.
pal Code of the Clty.
name are declared lo be severable. Iiany section or
portion thereof shall be declared by a decision of a
courtorcomplrntjurirdietion to be bvald unlaw-
Tul. oz unenforceable. auch decision &all apply only
to the wcific section oF+Wrttnreof directly
spcified in the.decirion. qd rh?&Te&the validity
..
of,all,other proviaiona. sccti~s,qpmilon therpofaf
the ordinance which shall remain in lull force and
Any other ordinance whose terms conflict
wth the ~ro~is~ons ol this ordinance are hereby
,I
( repealed a.s to thdse tbrrns’that conflict.
SECTION 4: This ordmanee shall be m full force
and effect upon passage and pubiicatmn, except
that Lhe Chaoter 21 ofthe MuskeaaMunicipal Code
..
2000
AUGUST 2000.
PASSED AND APPROVED THIS 8th DAY OF
CITY OF MUSKEGO
Suzanne Sobczyk being duly sworn, doth depose and
say that she is m authorized representative of The
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of whjch the annexed
is a true copy, taken from the said paper, was published
therein on
. . . . , . . , . ., . , . , ....
. . , . . . , .. .., ....
, . ., . . . . ,. . . . . . . , . . ....
. . , . . . . ,..,.
Subscribed and sworn to me before this. .I .7d. .day
Of. , . , . . . , . , . , ., 20&
. fi.q .., ..
Notary Public, Milwaukee County Wiscolrsin
MY Commission expires. .. Y.-j.3.. -0.3
ATTEST
Clerk ’hasurer
David L. DeAngehs. Mayor