CCR2000172COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #172-2000
APPROVAL OF HOLDING TANK AGREEMENT
Superior Emerald Park Landfill
WHEREAS, The City of Muskego has received a request from Superior Emerald Park Landfill.
for permission to install another holding tank to serve property at W 124 S I0629 South 124 Street
in the City of Muskego; and
WHEREAS, It is required by the Department of Commerce that the City guarantee maintenance
of the holding tank; and
WHEREAS, A Holding Tank Agreement has been submitted by the applicant
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City ofMuskego
does hereby approve the installation of a holding tank to serve the property at W124 S10629
South 124 Street in the City of Muskego.
BE IT FURTHER RESOLVED That the Mayor is authorized to execute the holding tank
agreement in the name of the City.
DATED THIS SM DAY OF AUGUST ,2000
SPONSORED BY:
PUBLIC SERVICES COMMITTEE
Ald. Patrick Patterson
Nd. William Le Doux
Ald. Chuck Wichgers
This is to certify that this is a true and accurate copy ofResolution #172-2000 which was adopted
by the Common Council of the City of Muskego.
3/00jmb
Holding Tank Agreement
This agreement is made between the
governmental unit and holding tank
owner(s)
I'
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I
LEGAL OESCRfPTTONS
PARCEL I: All that part of the North 1/2 of Section 36, Town 5 North. Range 20 East. in
fdlows: Beginning 01 the East 1/4 corner of ioid 'Section 36; thence NO29'55.W along
the City of Muskego. County of Woukesha, Stote. of Msconsln. bounded and described os
S87'49'03'W. 330.00 feet to a point; thence N0'29'5$'W. 132.00 feet to o point;
the East line of the Northeast 1/4 of said Section 36. 1223.00 feet to a point; thence
Sectlon 36; thence S87'46'24'W. 1331.47 feet to a point; thence SfU8'35% 1303.08 to
thence S87'49'03'W. 2309.21 feet to o point on the'North-South 1/4 line of said
paint on the South line of the Northwest l/4 of soid Section 36; thence N88U4*17-E
o point; thence N88'04'17% 693.00 feet to a point; .thence Sr'08'55% 33.00 feet to o
olong soid South line 636.96 feet to the center of soid Section 36; thence NB8'04'17'E
olong the South' line of the Northeast 1/4 of said Section 36, 2625.18 feet to the ploce
of beginning. EXCEPTING THEREfROM the Easterly 50 feet.
PARCEL I/: The South 1/2 of the .Southwest of the Northwest 1/4 and the South 33 feet
North. Range 20 East. In the City of Muskego, County of Woukesho. State of Wisconsin.
of the West 693 ket of the Southeast 1/4 of the Northwest l/4 of Section 36, Town 5
North, Ronge 20 East. excepting the South 8.25 feet thereof. in the City of Muskego.
PARCEL 111: The East 1/2 of the East 1/2 of the Southwest 1/4 of Section 36. Town 5
PARCEL IV: The Southwest 1/4 of the Southeast 1/4 of Section 36, Town 5 North. Ronge
County of Waukesha. Stote of Wisconsln.
20 East, excepting the South 8.25,feet thereof, in the City of Muskego. County of
Waukesho. Stote of Wisconsin.
PARCEL V: The North 1/2 of the Southeost l/4 of Section 36. Town 5 North. Ronge 20
East, in the City of Muskego, County of Woukesho, Stote of Wisconsin. excepting
therefrom the followlng: Commencing ot the Northeast corner of soid Southeast 1/4;
Eost line of said Southeost 1/4. 227.0 feet; thence Eosteriy to o point in the eost line
thence West along the North line thereof, 430.00 feet; thence south ond parallel to the
of said Southeost 1/4, which point is 195.0 feet South of the Northeost corner of soid
PARCEL IV; The Southeost 1/4 of the Southeost 1/4 of Section 36. Town 5 North. Ronge
Southeast 1/4; thence North along soid East line 195.0 feet to the point of beginning.
20 East, in the City of Muskego. County of Woukesho, State of Wisconsin. excepting
therefrom the following: Commencing ot the Southeost cwner of the Southeost 1/4 of
soid Section 36; thence North olong the East line of said Section. 207.00 feet; thence
West. porollel to the South line of said Section, 455.6 feet; thence South, porollel to
the East line of soid Section, 207.00 feet; thence,Eost along the South line of Said
PARCEL A: he Eost 1/2 of the West r/z or Ihe'Southwest 1/4 of Section 36, Town 5
Section to the place of beginning.
North. Ronge 20 Eost. in the City of Muskego, County of Woukesho. State of Wisconsin.
EXCEPTING THEREFROM the South 8.25 feet conveed to the City of Muskego by Quit
Claim Deed recorded as Document No. 753307. ':
PARCEL 8: Except the South 8.25 feet of the Westi.,l/2 01 the East 1/2 of the Southwest
1/4, Section 36. Town 5 North, Ronge 20 East, and more porticulorly described os
said Section 36; thence running East 40 rods 663.66 M); thence North 160 rods (2671.23' M);
follows: Commencing at the Southwest corner, of the Eost 1/2 of the Southwest 1/4 of
thence West 40 rods( 664.94"); thence South 160;rods( 2672.82'M). to the ploce of beginning.
Also, one other piece of land described os commencing at the Northwest corner of the East 1/2
of the Southwest 1/4 of Section 36. ond running thence East on the Quarter line IO choins;
thence South 34 links; thence West 10 choins; thence North 34 links to the ploce of beginning.
20 East, in the City of Muskego. bounded and described os follows, to-wit:Commencing of the
PARCEL C:Port of the South half of the Northeast Ouorter of Section 36. Town 5 North. Range
Northeost corner of the South half of the Northeast Quarter of Section 36, Town 5 North of
Ronge 20 Cost, (hence running West and porollel to the North line of Section, 330.00 feet to
East and porallel. to the North line of Section 330.00 leet to a point; thence North on and
a point; thence South and porollel to the Eost line of Section 132.00 feet to a point; thence
olong the East line of Section 36, 132.00 feet to the ploce of commencment, and containing
I ocre, more or less. Soid lond being in the City of Muskego. Waukesha County, Wisconsin.
66566'
HULUING 1 ANK SitHVIGING CUNTRACT
tly 24, 2000 This contract is made belween Ihe
and I Pumper's Name I
1 ior Emerald Park
Kenway Service, INC
I 4841 W Burnham ST West Milwaukee, WI 5
acknowledge the inslallalion 01 (e) holdlng tank(s) on the following property: (Provide legal description:) 5321 9
L-L24SAxi29 -124thLrIL .... ." - - .... "" . - . _,
-.-"J!ll3~~"~ 5315.0 . . - . . _" . . - . - - "_ -
"_._ " .. ......... ....... ... ...
...
he owner agrees to file a copy of this contract with the local governmental unit hereinalter called the "municipalily", which has
igned the pumping agreement required in Ch. ILHR 83.18 14) Lb). Wis. Adm. Code and
*ith the County 01 Waukesha
he owner agrees to have the holding tank($) serviced by the pumper and guarantees to permit the pumper to have access and to
nter upon the property for the purpose 01 Servicing the holding tank(s). The owner agrees to maintain the all-weather access
lad or drlve so that the pumper can service the holding tanK(s) with the pumping equipment. The owner further agrees to pay
le pumper lor all charges incurred in servicing the holding tank(s) as mutually agreed upon by the owner and pumper.
>e pumper agrees to submit to the municipality which has signed the pumping agreement required by s. ILHR-83.18 (4) (b), Wis.
d ' Code, and lo the county. a report for the servicing of the holding lank@) on a semiannual basis. The pumper further agrees ,& do the following in (he sorniannual report:
The name and address of the person responsible for servicing the holding tank:
The name of the owner of the holding tank;
The localion of the..property on which the holding tank is installed;
The dates on which the holding tank was.serviced;
The sanilary permit nmber issued for the holding tank:
The volumes In gallons.ol the contenls pumped lrom the holding lank for each servicing:
The disposal sites to which the contents fromthe holding tank were delivered.
lis agreemen: will remain in eHect until the'owner or pumper terminates this contract. In the event of a change in this contract.
e owner.agrees to lile a ~wpy or tlr~y.changes Io lhls service conlracl or a copy of a new service contract with the munitipality
Id the County named above wilhin ten (10) business days from the date 01 change to this service Contract.
I
r(s) Nsme(r) (Print)
DM WARP.Q-\
'AC\Lt7J-.-%fibAL@( -.._ - ...... I .- .-. ..
I
I
Irk Name (Pring
Service, Inc
J. Fugatd, JR
My commission expires: Sept. 30, 2001
Daniel M. Finley
County Executive
Dale R. Shaver
Director
0 Waukesha
COUNTY
DEPARTMENT OF
PARKS AND LAND USE
Re: Holding Tank Plan Submission
To obtain approval to install a sewage holding tank, the following information must be submitted
to this Department for plan review:
a) A soil test report signed and dated by a licensed soil tester that shows the site is unsuitable
for the installation of a soil absorption system. Ak + 12 ~ 13 “f /{
b) A photocopy of the holding tank agreement between the owner and the local unit of
government. The agreement must be recorded at the Register of Deeds office.
c) A holding tank servicing contract signed between the property owner and a licensed pumper.
d) A plot plan showing the location of the holding tank, drawn to scale or showing lateral
0 distances to any building, well, lot line, etc. (two copies) kzLcc
e) A holding tank profile showing the vent, manhole, alarm, tank capacity and maunfacturer of
the tank being used. (two copies) ,ll E-6
9 Information relative’to the use of the building. (ie. #of bedrooms, # of employees, seating
capacity, # of floor drains, etc) DKdUJG
g) Plan review fee based on the total capacity of the holding tanks:
h) All plans must be signed and dated by the plumber installing the sewage holding tank or
must be stamped by a registered architect, engineer or plumbing designer. Or’/
I) If the proposed holding tank is located within a floodplain, a completed PLB-89,
“Application for Development within a Flood lain” must be submitted. 08
0
Once the plans for the holding tank have been approved, the plumber responsible
tank installation will be able to take out the sanitary permit. The sanitary permit
a& fc-N @!i?k bl , Ylea,th
1320 Pewaukee Road Room 260
Phone: (262) 896-8300 * Non-Metro: 1-800-567-2366 - Fax: (262) 896-8298
Waukesha. Wisconsin 53188-3868
91 DSB/81,83,85,9lIFD-GM
(2) A POWTS, including a POWTS existing prior to [the effective date of this chapter
revisor to insert effective date], that is not maintained in accordance with the approved
management plan or as required under s. Comm 83.54 (4) shall be considered a human health
hazard.
(3) The activities relating to evaluating and monitoring mechanical POWTS components
after the initial installation of the POWTS in accordance with an approved management plan
shall be conducted by person who holds a registration issued by the department as a registered
POWTS maintainer.
Note: See s. Comm 5.36 concerning the application and qualification requirements to
become a registered POWTS maintainer.
Comm 83.53 GENERAL. (1) No product for chemical or physical restoration or
chemical or physical procedures for POWTS, including a POWTS existing prior to [the effective
date of this chapter revisor to insert effective date], may be used unless approved by the
department in accordance with ss. Comm 84.10 and 84.13.
(2) Nothing in this subchapter shall limit a governmental unit’s authority and power in
establishing a.mandatory POWTS maintenance program, including management or maintenance
undertaken by the governmental unit.
Comm 83.54 MANAGEMENT REQUIREMENTS. (1) MANAGEMENT PLAN. (a)
The management plan for each POWTS shall include information and procedures for
maintaining the POWTS to operate and fimction witiun the standards of this chapter and as
designed and approved.
@) The management plan for a POWTS shall be a part of the plan submittal under s.
Comm 83.22 or 84.10.
(c) The management plan for POWTS shall specify all necessary maintenance and
servicing information which may include, but is not limited to all of the following:
1. Accumulated solids or byproduct removal requirements
2. Influent quantities and qualities and effluent quantities and qualities.
3. Metering, sampling and monitoring schedules and requirements.
4. Load and rest schedules.
5. Servicing frequency requirements. 0 ‘f
6. Installation and inspection checklists.
7. Evaluation, monitoring and maintenance schedules for mechanical POWTS
components.
98
8. Start up and sht ltdown procedures.
9. Procedure for abandonment.
(d) If the owner of the POWTS wishes to operate or maintain a POWTS differently than
that specified in the approved management plan, a written request for approval to amend the
management plan shall be submitted to the agency that initially reviewed the installation plan
under s. Comm 83.22.
(2) METERING AND MONITORING. (a) General. The m~agement plan specified in
sub. (1) shall include the metering or monitoring of POWTS influent or effluent as specified in
this subsection.
@) Deuartment option. The department may require the metering or monitoring of any
POWTS to evaluate the operation of the POWTS.
(c) Required influent metering. Influent flow meters shall be installed in accordance with
par. (d), if a POWTS:
1. Includes one or more holding tanks, except camping unit transfer containers;
2. Receives wastewater of a type exceeding the quality limits in s. Corn 83.44 (2),
except from one- and 2-family dwellings; or
3. Is required by a POWTS component manufacturer.
(d) Metering influent flows. 1. Influent flows to POWTS shall be metered by one of the
following methods:
a. Installing event counters and elapsed time meters.
b. Installing water meters to meter the water distribution system flow to the POWTS.
POWTS.
c. Metering wastewater flow from all parts of the plumbing system discharging to the
d. Metering the water distribution system and metering exterior hydrant use, except as
provided in subd. 2.
2. Where meters are installed on water distribution systems existing prior to [the
effective date of this chapter revisor to insert effective date], the entire water distribution
system may be metered and the exterior hydrant usage estimated and subtracted from the total
flow to meet the requirements of this paragraph.
(e) Monitoring influent and effluent loads. 1. When and where the monitoring of
groundwater is required, groundwater monitoring wells constructed in accordance with ch. NR
141 shall be utilized.
99 DSB/81,83,85,91/FD-GM
2. When influent or effluent contaminants are to be monitored, samples shall be collected
in accordance with the requirements of the approved management plan or, where no procedures
are specified, in accordance with published sampling procedures accepted by the department.
Note: Acceptable sampling procedures include those contained in the following sources:
“Procedures Manual for Ground Water Monitoring at Solid Waste Disposal Sites” EPA
SW-611, Offce of Water and Waste Management, U. S. Environmental Protection Agency, Dec.
1980, Washmgton, D. C.
“Techniques of Water Resources Investigations of the United States Geological Survey,
Guidelines for Collection and Field Analysis of Ground Water Samples for Selected Unstable
Constituents,” Book I, Chapter D2, U. S. Geological Survey, Washgton, D. C.
“Procedures for the Collection of Representative Water Quality Data from Monitoring
Wells,” Cooperative Groundwater Report 7, Illinois State Water Survey, 1981, Champaign,
Illinois.
“Manual of Ground Water Sampling Procedures,” NWWAEPA Series, Robert S. Ken
Environmental Research Laboratory, 198 1, Ada, Oklahoma.
“Groundwater Sampling Procedures Guidelines”, Wisconsin DNR, PUBL-WR- 153,
February 1987
“Groundwater Sampling Procedures Field Manual”, Wisconsin DNR, PUBL-WR-168,
September 1987
3. All groundwater samples collected to evaluate influent or effluent quality, except
samples collected for total coliform bacteria analysis and the field analyses for pH, specific
conductance and temperature, shall be analyzed by a laboratory certified under s. 299.1 1, Stab.,
and rules adopted under that section.
4. The results of the analysis required under subd. 2. shall be maintained and reported as
required in the approved management plan and in accordance with s. Comm 83.55 (1) (a).
(3) SERVICING REQUIREMENTS. (a) The management plan specified in sub. (1)
shall reflect the servicing schedules of POWTS components as specified in this subsection.
(b) The servicing frequency of an anaerobic treatment tank for a POWTS shall occur at
least when the combined sludge and scum volume equals 1/3 of the tank volume.
(c) The servicing frequency of a holding tank for a POWTS, except for camping unit
transfer containers, shall occur at least when the wastewater of the tank reaches a level of one
foot below the inlet invert of the tank.
Note: The servicing of POWTS holding and treatment components, including septic
tanks and holding tanks, is required to be performed by licensed pumpers under chs. NR 113 and
NR 114.