Chapter 150

SEWERS

[HISTORY: Adopted by the Village Board of the Village of Holmen at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]  

GENERAL REFERENCES

 Building construction — See Ch. 29.

 Excavations — See Ch. 58.

 Land division — See Ch. 90.

 Water — See Ch. 187.

  

ARTICLE I

Terminology

§ 150-1.  Definitions and word usage. 

A.     Definitions. As used in this chapter, the following terms shall have the meanings indicated: 

APPROVING AUTHORITY — The Village Board of Trustees or its duly authorized agent or representative.  

BOD (denoting "biochemical oxygen demand") — The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C., expressed as milligrams per liter (mg/l). Quantitative determination of BOD shall be made in accordance with procedures set forth in Standard Methods.  

BUILDING DRAIN — That part of the lowest horizontal piping of a drain system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer.  

BUILDING SEWER — A sanitary sewer which begins immediately outside of the foundation wall of any building or structure being served and ends at its connection to the public sewer.  

COMPATIBLE POLLUTANTS — BOD, suspended solids, phosphorous, ammonia, nitrogen, TKN, pH or fecal coliform bacteria, plus additional pollutants identified in the municipality's WPDES permit for its wastewater treatment facility, provided that such facility is designed to treat such additional pollutants and, in fact, does remove such pollutants to a substantial degree.  

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

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

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

GROUND GARBAGE — The residue from the preparation, cooling, dispensing, handling, storage and sale of food products and produce that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than 11/2 inches in any dimension.  

INCOMPATIBLE POLLUTANTS — Wastewater with pollutants that will adversely affect the wastewater treatment facilities or disrupt the quality of wastewater treatment if discharged to the wastewater treatment facilities.  

INDUSTRIAL WASTE — Any solid, liquid or gaseous substance discharged or escaping from any industrial, manufacturing or commercial establishment or process or from the development, recovery or processing of natural resources. Such term includes any wastewater which is not sanitary sewage.  

INFILTRATION — The water unintentionally entering the public sewer system, including sanitary building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.  

INFLOW — The water discharge into a sanitary sewer system, including building drains and sewers from such sources as, but not limited to the following: roof leaders, cellar, yard, and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and/or combined sewer, catch basins, stormwaters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguishable from, infiltration.  

LICENSED DISPOSER — A person or business holding a valid license to do septage servicing under NR 113.  

MUNICIPALITY — The Village of Holmen.  

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

NITROGEN — Ammonia nitrogen, expressed in mg/l of NH3N. Quantitative determination of ammonia nitrogen shall be made in accordance with procedures set forth in Standard Methods.  

OPERATION AND MAINTENANCE COSTS — Includes all costs associated with the operation and maintenance of the wastewater treatment facilities, including administration and replacement costs, all as determined from time to time by the municipality.  

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

pH — The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 107.  

PHOSPHORUS — Total phosphorus expressed in mg/l of P (phosphorus).  

PRETREATMENT — The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharge in or otherwise introducing such pollutants into a wastewater system.  

PRIVATE SEWER — A sewer which is not owned by the village or Utility.  

PUBLICLY OWNED TREATMENT WORKS (POTW) — A treatment works, including any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes and equipment used to convey wastewater to the treatment facility. The term also includes the municipality that owns and operates the facilities.  

PUBLIC SEWER — Any publicly owned sewer, storm drain, sanitary sewer or combined sewer.  

REPLACEMENT COSTS — Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed.  

RESIDENTIAL EQUIVALENCY CHARGE — The average residential volume of normal domestic strength wastewater.  

SANITARY SEWAGE — Combination of liquid and water carried wastes discharged from toilets and/or sanitary plumbing facilities.  

SANITARY SEWER — A sewer that carries sewage or wastewater.  

SEPTAGE — The wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable rest rooms.  

SEWAGE — The spent water of a person or community. The preferred term is "wastewater."  

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

SEWER SERVICE CHARGE — A charge levied on users of the wastewater collection and treatment facilities for payment of operation and maintenance expenses, debt service costs and other expenses or obligations of said facilities.  

SEWER SERVICE CHARGE SYSTEM — The same meaning as "user charge system" as referred to in Chapter NR 162 of the Wisconsin Administrative Code.  

SLUG — Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and/or adversely affects the collection system and/or performance of the wastewater treatment facility.  

STANDARD METHODS — The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.  

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

SUSPENDED SOLIDS (SS) EXPRESSED IN MG/L — Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as "nonfilterable residue."  

TKN (TOTAL KJELDAHL NITROGEN) — The sum of organic nitrogen and ammonia nitrogen.  

UNPOLLUTED WATER — Water quality equal to or better than the effluent of the wastewater treatment facilities 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.  

USER CHARGE SYSTEM — The system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection and treatment facilities.  

UTILITY — The Village of Holmen Sewer Utility.  

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

WASTEWATER COLLECTION FACILITIES (or WASTEWATER COLLECTION SYSTEM) — The structures and equipment required to collect and carry wastewater.  

WASTEWATER TREATMENT FACILITY — An arrangement of devices and structures for treating wastewater and sludge. Also referred to as "wastewater treatment plant."  

WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT — A document issued by the State of Wisconsin which establishes effluent limitations and monitoring requirements for the municipal wastewater treatment facility.  

B.      Word usage. "Shall" is mandatory; "may" is permissible.    

ARTICLE II

Management, Operation and Control

§ 150-2.  Approving authority.

The management, operation and control of the sewer system for the village is vested in the approving authority. All records, minutes, all written proceedings and all the financial records thereof shall be kept by the Clerk of the village. 

§ 150-3.  Construction.

The Sewer Utility of the village shall have the power to construct sewer lines for public use and shall have the power to lay sewer pipes in and through the alleys, streets and public grounds within the village boundaries and, generally, to do all such work as may be found necessary or convenient in the management of the sewer system. The approving authority shall have the power by itself, its officers, agents and servants, to enter upon any land for the purpose of making examination or supervise in the performance of its duties under this chapter without liability therefor; and the approving authority shall have power to purchase and acquire for the Utility all real and personal property which may be necessary for construction of the sewer system, or for any repair, remodeling or additions thereto. 

§ 150-4.  Maintenance of services.

The owner shall maintain sewer service from the street main to the house, including all controls between the same, without expense to the village, except when they are damaged as a result of negligence or carelessness on the part of the village. All sewer services must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property. When any sewer service is to be relayed and there are two or more buildings on such service, each building shall be disconnected from such service and a new sewer service shall be installed for each building unless prior approval has been provided by the approving authority. 

§ 150-5.  Condemnation of real estate.

Whenever any real estate or any easement therein or use thereof shall, in the judgment of the approving authority, be necessary to the sewer system, and whenever, for any cause, an agreement for the purchase thereof cannot be made with the owner thereof, the approving authority shall proceed with all necessary steps to take such real estate easement or use by condemnation in accordance with the Wisconsin statutes and the Uniform Relocation Property Acquisition Policy Act of 1970, if federal funds are used. 

§ 150-6.  Title to real estate and personalty.

All property, real, personal and mixed, acquired for the construction of the sewer system, and all plans, specifications, diagrams, papers, books and records collected therewith said sewer system, and all buildings, machinery and fixtures pertaining thereto, shall be the property of the village. 

§ 150-7.  Vacating of premises and discontinuance of service.

Whenever premises served by the system are to be vacated, or whenever any person desires to discontinue service from the system, the Utility must be notified, in writing. The owner of the premises shall be liable for any damages to the property or such damage which may be discovered having occurred to the property of the system other than through the fault of the system or its employees, representatives or agents. 

§ 150-8.  Extensions of the sewer system.

The cost of the installation of sanitary sewers to be connected to the Utility sewer system shall be borne by the property owner of the land to be served. All installations shall be in accordance with Wisconsin Administrative Code 110 and the requirements of the village and Utility. Plans and specifications shall be designed and stamped by an engineer and paid for by the property owner. A written approval obtained from the Utility is required before construction is initiated. 

§ 150-9.  User rules and regulations.

The user rules, regulations and sewer rates of the Utility are a part of the contract between the Utility and every user. Every person who connects to the Utility sewer system is deemed to have consented to be bound by such rules, regulations and rates. In the event of violation of the rules or regulations, the water and/or sewer service to the violating user shall be shut off (even though two or more parties are receiving service through the same connection). Water and sewer service shall not be re-established until all outstanding Sewer Utility bills, and shutoff and reconnection charges, are paid in full and until such other terms and conditions as may be established by the Village Board are met. In addition to all other requirements, the Village Board shall be satisfied that the offender will not continue in violation of the rules and regulations before authorizing reconnection of the offender's services. The Village Board may change the rules, regulations and sewer rates from time to time as it deems advisable and may make special rates and contracts in all proper cases.   

ARTICLE III

Construction and Use of Public Sewers and Laterals

§ 150-10.  Plumbers.

No plumber, pipe fitter or other person will be permitted to do plumbing or pipe fitting work in connection with the sewer system without first receiving a license from the State of Wisconsin, except in cases where state law permits building owners to do their own work without being licensed. 

§ 150-11.  New connections.

A new connection to the municipality's sanitary sewer system will be allowed only if there is available capacity in all of the downstream wastewater treatment facilities. No new connections to the municipality's sanitary sewer will be allowed for areas outside of the municipality's corporate limits without approval of the approving authority. 

§ 150-12.  Users. 

A.     Application for service. 

(1)    No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb the sanitary sewer or appurtenances thereof without first obtaining a written permit from the approving authority. Every person connecting with the sewer 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 by the Village Clerk. The application must state fully and truly all the use which will be allowed. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. 

(2)    The application may be for service to more than one building, or more than one unit of service through one service connection, only if previously approved by the State of Wisconsin Department of Industry, Labor and Job Development, and, in such case, charges shall be made accordingly. 

(3)    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 shall approve the application, it shall issue a permit for services as shown on the application.   

B.      Permits. After sewer connections have been completed in a building or upon any premises, no plumber shall make any alterations, extensions or attachments, unless the party ordering such work shall exhibit the proper permit. 

C.     User to keep in repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewer system. 

D.     User use only. No user shall allow others or other services to connect to the sewer system through his or her lateral. 

E.      User to permit inspection. Every user shall permit the Village Board, or its duly authorized agent, at all reasonable hours of the day, to enter his or her 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. 

F.      Utility responsibility. The village and its agents and employees shall not be liable for damages occasioned by reason of the breaking, clogging, stoppage or freezing of any service pipes; nor from any damage arising from maintaining or repairing mains, making connections or extensions or any other work that may be deemed necessary. The right is hereby reserved to cut off the water and sewer 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 district of said village, the village shall, if practicable, give notice to each and every consumer within said village of the time when such service will be so shut off. 

G.     Permit fees. A connection permit shall be obtained from the Utility prior to connecting any piping to the laterals or mains. The fee for this permit shall be as stated in the current sewer service charge system.   

§ 150-13.  Use of old building sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the approving authority, to meet all requirements for this chapter. 

§ 150-14.  Materials and methods of construction.

The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall conform to the requirements of the municipality's building and plumbing code or other applicable rules and regulations of the municipality. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. 

§ 150-15.  Building sewer grade.

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

§ 150-16.  Excavations. 

A.     In making excavations in streets or highways for laying service pipe or making repairs, the paving and earth removed must be deposited in a manner that will occasion the least inconvenience to the public. 

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.     Excavations shall be backfilled in accordance with the Village Standard Specifications. This work, together with the replacing of sidewalks, ballast and paving, must be done so as to make the area as good, at least, as before it was disturbed, and satisfactory to the village, county and state. No opening of the streets for tapping the pipes will be permitted when the ground is frozen, except when necessary. 

D.     A permit from the village or other appropriate governmental body shall be obtained prior to excavating in any street, alley or other public way. Such permit shall be obtained and exhibited to the Plumbing Inspector before a plumbing permit will be issued.   

§ 150-17.  Tapping the mains. 

A.     No person, except those having special permission from the Utility, or persons in its service and approved by it, will be permitted, under any circumstances, to tap the mains or collection pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from said village. 

B.      The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the municipality or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures, and materials must be approved by the approving authority before installation. 

C.     The person making a connection to a public sewer shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be inspected and approved by the approving authority. 

D.     Pipes should not be tapped on the top and not within 18 inches (45 centimeters) of the joint or within 36 inches (90 centimeters) or another lateral connection. 

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

§ 150-18.  Sanitary sewers.

No person(s) shall discharge or cause to be discharged any unpolluted waters, such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water, to any sanitary sewer. 

§ 150-19.  Storm sewers.

Stormwater and all other unpolluted water shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the approving authority and other regulatory agencies. Unpolluted industrial cooling water or process water may be discharged, on approval of the approving authority and other regulatory agencies, to a storm sewer or natural outlet. 

§ 150-20.  Prohibitions and limitations.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: 

A.     Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. 

B.      Any waters or wastes containing toxic or poisonous solids, liquid or gases in sufficient quantity, either singly or by interaction with other wastes, that could injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals or create a public nuisance in the receiving waters of the wastewater treatment facility. 

C.     Any waters or wastes having a pH lower than 5.0 or in excess of 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater treatment facilities. 

D.     Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater treatment facilities, 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 fleshing, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. 

E.      The following described substances, materials, waters or waste shall be limited in discharges to sanitary sewer systems to concentrations or quantities which will not harm either the sanitary sewers, wastewater treatment process or equipment; will not have an adverse effect on the receiving stream; or will not otherwise endanger lives, limbs, public property or constitute a nuisance. The approving authority may set limitations more stringent than those established below if such more stringent limitations are necessary to meet the above objectives. The approving authority will give consideration to the quantity of subject waste in relation to flows and velocities in the sewers, materials or construction of the sanitary sewers, the wastewater treatment facility and other pertinent factors. Wastes or wastewaters discharged to the sanitary sewers shall not exceed the following limitations: 

(1)    Wastewater having a temperature higher than 150° F. (65°C.). 

(2)    Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin. 

(3)    Wastewater from commercial/industrial/institutional plants containing floatable oils, fat or grease. 

(4)    Any unground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. 

(5)    Any waters or wastes containing iron, chromium, copper, zinc, silver and other toxic and nonconventional pollutants to such degree that the concentration exceeds levels specified by federal, state and local authorities. 

(6)    Any waters or wastes containing odor-producing substances exceeding limits which may be established by the approving authority or limits established by any federal or state statute, rule or regulation. 

(7)    Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state or federal regulations. 

(8)    Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. 

(9)    Any water or wastes which, by interaction with other water or wastes in the sanitary sewer system, release obnoxious gases, form suspended solids or create a condition deleterious to structures and treatment processes. 

(10)  Materials which exert or cause: 

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

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

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

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

(11)  Incompatible pollutants in excess of the allowed limits as determined by local, state and federal laws and regulations by the Environmental Protection Agency (EPA), 40 CFR 403, as amended from time to time.     

§ 150-21.  WPDES permit.

No person shall cause or permit a discharge into the sanitary sewers that would cause a violation of the municipality's WPDES permit and any modifications thereof. 

§ 150-22.  Special arrangements.

No statement contained in this chapter shall be construed as prohibiting any special agreement between the approval authority and any person whereby a waste of unusual strength or character may be admitted to the wastewater treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater treatment facilities by reason of the admission of such wastes and no extra costs are incurred by the municipality without recompense by the person; and further provided that all rates and provisions set forth in this chapter are recognized and adhered to. 

§ 150-23.  Use of public sewers required. 

A.     It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the village or in any area under the jurisdiction of said approving authority any human or animal excrement, garbage or objectionable waste. 

B.      It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of said approving authority, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. 

C.     Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. 

(1)    The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the village and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the village is hereby required, at the owner's 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 chapter within 365 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line. Upon failure to do so, the village may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such notice shall be assessed as a special tax lien against the property, all pursuant to W.S.A. s. 281.45; provided, however, that the owner may, within 30 days after the completion of the work, file a written request with the Utility stating that he or she cannot pay such amount in one sum and asking that it be levied in not to exceed 10 equal installments and that the amount shall be so collected with interest at the current village rate per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to W.S.A. s. 281.45. 

(2)    In lieu of the above, the Utility, at its option, may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the sewer system, of an amount equal to 150% of the average residential charge for sewer service, payable quarterly for the period in which the failure to connect continues, and upon failure to make such payment, said charge shall be assessed as a special tax lien against the property, all pursuant to W.S.A. s. 281.45.      

§ 150-24.  Private wastewater disposal. 

A.     Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section. 

B.      Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the approving authority. The application for such permit shall be made on a form furnished by the approving authority, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the approving authority. 

C.     A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the approving authority. The approving authority shall be allowed to inspect the work at any stage of construction and, in the event, the applicant for the permit shall notify the approving authority when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of receipt of notice by the approving authority. 

D.     The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Commerce of the State of Wisconsin. No septic tank or cesspool shall be permitted to discharge to any natural outlet. 

E.      At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in this chapter, a direct connection shall be made to the public sewer within one year, in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. 

F.      The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the approving authority. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.   

§ 150-25.  Damage or tampering with sewage facilities.

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage facility. Any persons violating this provision shall be subject to immediate arrest under a charge of disorderly conduct. 

§ 150-26.  Stormwater and groundwater drains. 

A.     No person shall make connection of roof downspout, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer. 

B.      All existing downspout or groundwater drains, etc., connected directly or indirectly to a sanitary sewer shall be disconnected within 60 days of the date of an official written notice from the approving authority.    

ARTICLE IV

Control of Industrial Wastes Directed to Public Sewers

§ 150-27.  Submission of basic data.

The approving authority may require each person who discharges or seeks to discharge industrial wastes to a public sewer to prepare and file with the approving authority, at such times as it determines, a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater treatment facilities. In the case of a new connection, the approving authority may require that this report be prepared prior to making the connection to the public sewers. 

§ 150-28.  Industrial discharges.

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in Article III, and which in the judgment of the approving authority have a deleterious effect upon the wastewater treatment facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life, health or constitute a public nuisance, the approving authority may: 

A.     Reject the wastes. 

B.      Require pretreatment to an acceptable condition for discharge to the public sewers. 

C.     Require control over the quantities and rates of discharge; and/or 

D.     Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.   

§ 150-29.  Dilution prohibition.

No industrial user shall increase the use of process water or dilute a discharge as a substitute for adequate treatment to achieve compliance with any pretreatment standard or requirement. 

§ 150-30.  Spill prevention and slug control plans. 

A.     Spill prevention plans. 

(1)    Industrial users shall provide protection from accidental discharge of materials which may interfere with the POTW by developing spill prevention plans. Facilities necessary to implement these plans shall be provided and maintained at the owner's or industrial user's expense. Spill prevention plans, including the facilities and the operating procedures, shall be approved by the POTW before construction of the facility. 

(2)    Industrial users that store hazardous substances shall not contribute to the POTW after the effective date of this chapter unless a spill prevention plan has been approved by the POTW. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage and transportation of hazardous substances.   

B.      The POTW shall evaluate each significant industrial user at least once every two years, and other industrial users as necessary, to determine whether such user needs a plan to control slug discharges. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements: 

(1)    Description of discharge practices, including nonroutine batch discharges. 

(2)    Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition of this chapter, with procedures for follow-up written notification within five days. 

(3)    If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.     

§ 150-31.  Notification. 

A.     Procedure. 

(1)    In the case of any discharge in violation of this chapter or permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug loadings, as defined by this chapter, the industrial user shall immediately notify the POTW or the Village Clerk of the discharge by telephone. The notification shall include: 

(a)     The date, time, location and duration of the discharge. 

(b)     The type of waste, including concentration and volume. 

(c)     Any corrective actions taken by the user.   

(2)    Within five days following such a discharge, the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges. 

(3)    Such notification shall not relieve the user of any expense, loss, damage or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed under this chapter or other applicable state or federal law.   

B.      Notification of changed discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12.   

§ 150-32.  Employee training.

The industrial user shall permanently post a notice in a prominent place advising all employees to call the POTW in the event of a dangerous discharge for which notification is required. Employers shall advise all employees who may cause or be injured by such a discharge of the emergency notification procedure. 

§ 150-33.  Records. 

A.     Users shall retain and make available upon request of authorized representatives of the POTW, the state or the EPA all records required to be collected by the user pursuant to this chapter or any permit or order issued pursuant to this chapter. 

B.      These records shall remain available for a period of at least three years after their collection. 

C.     This period shall be extended during any litigation concerning compliance with this chapter or permit conditions.   

§ 150-34.  Analytical requirements.

All analyses, including sampling results submitted in support of any application reports, evidence or required by any permit or order, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, and amendments thereto, or, if 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the EPA. 

§ 150-35.  Confidential information. 

A.     Information and data (other than effluent data) about a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. When such a confidentiality claim is asserted, the information shall be treated as such until a determination is made by the POTW. Effluent data shall be available to the public without restriction. 

B.      When the person furnishing a report satisfies the POTW that such person has made the demonstration required by Subsection A, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this chapter, the WPDES permit or the pretreatment program. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.   

§ 150-36.  Inspections; access to premises.

Representatives of the POTW, the state and EPA, upon showing proper identification, shall have the right to enter and inspect the premises of any user who may be subject to the requirements of this chapter. Industrial users shall allow authorized representatives of the POTW, state and EPA access to all premises for the purpose of inspecting, sampling, examining records or copying records in the performance of their duties. Authorized representatives of the POTW, state and EPA shall have the right to place on the user's property such devises as are necessary to conduct sampling and monitoring. Where a user has security or safety measures in force which would require clearance, training or wearing of special protective gear, the user shall make necessary arrangements at its own expense, to enable authorized representatives of the POTW, state and EPA to enter and inspect the premises as guaranteed by this subsection. 

§ 150-37.  Control manholes.

Each person discharging commercial/institutional wastes into a public sewer shall, at the discretion of the approving authority, construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of wastes, including sanitary sewage. Control manholes or access facilities shall be located and built in a manner acceptable to the approving authority. If measuring and/or sampling devices are to be permanently installed, they shall meet the following minimum guidelines: 

A.     A minimum six-foot diameter manhole with steps and a bench for setting of equipment shall be installed. These manholes shall have a minimum twenty-four-inch diameter opening with cast-iron manhole cover or lockable lid. These sampling manholes shall be located at least 15 feet downstream of any bends, junctions or manholes. Maximum slope of upstream pipe shall be 2%. 

B.      All manholes shall be installed with flow measuring devices, such as a Parshall flume, Palmer Bowlus flume, subsonic flume or other suitable device as approved by the approving authority. An integral staff gauge shall be provided with each unit with measurements in hundredths of a foot. Flume size and type depends on flow rates anticipated and accuracy desired. 

C.     A flow metering device shall be provided. The metering device shall be a bubbler, ultrasonic or subsonic device as approved by the approving authority. Flow shall be indicated, totalized and recorded. A 4-20 mA signal or pulse proportional to flow shall be outputted to a sampler for flow proportional sampling. 

D.     A refrigerated flow proportional sampler shall be furnished, suitable for composite or hourly sampling (twenty-four-hour intervals). 

E.      Plans for the aforementioned facilities shall be prepared by a licensed professional engineer. 

F.      Plans, specifications and hydraulic calculations shall be submitted to the approving authority. 

G.     Control manholes, access facilities and related equipment shall be installed by the person discharging the waste, at his or her expense, and shall be maintained by him or her so as to be in safe condition, accessible and in proper operating condition at all times.   

§ 150-38.  Hazardous waste notification. 

A.     Any industrial user, except as specified in Subsection E below, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR part 261, shall notify the POTW, in writing, of such discharge. 

B.      All hazardous waste notifications shall include: 

(1)    The name of the hazardous waste as set forth in 40 CFR part 261. 

(2)    The EPA hazardous waste number. 

(3)    The type of discharge (continuous, batch or other). 

(4)    A certification that the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.   

C.     In addition to the information submitted in Subsection B above, industrial users discharging more than 100 kilograms of hazardous waste per calendar month to the POTW shall obtain to the extent such information is known and readily available to the industrial user: 

(1)    An identification of the hazardous constituents contained in the waste. 

(2)    An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month. 

(3)    An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.   

D.     Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharges must be submitted in accordance of this chapter. 

E.      Industrial users are exempt from the hazardous waste notification requirement during a calendar month in which they discharge 15 kilograms or less of nonacute hazardous wastes. Discharge of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification.   

§ 150-39.  Measurement of flow.

The volume of flow used for computing sewer service charges shall be the metered water consumption of the person as shown in the records of meter readings maintained by the Water Department or Utility, except as noted in § 150-40. 

§ 150-40.  Metering of waste.

Devices for measuring the volume of waste discharged may be required by the approving authority if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned and maintained by the person discharging the wastewater. Following approval and installation, such meters may not be removed without the consent of the approving authority. 

§ 150-41.  Waste sampling. 

A.     Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. 

B.      The determination shall be made by the industry as often as may be deemed necessary by the approving authority. 

C.     Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the approving authority. 

D.     Installation, operation and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the approving authority. Access to sampling locations shall be granted to the approving authority or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.   

§ 150-42.  Pretreatment. 

A.     Persons discharging industrial wastes into any public sewer may be required to pretreat such wastes if the approving authority determines pretreatment is necessary to protect the wastewater treatment facilities or prevent the discharge of incompatible pollutants. 

B.      In that event, such persons shall provide at his or her expense, such pretreatment or processing facilities as may be determined necessary to render wastes acceptable to admission to the sanitary sewers.   

§ 150-43.  Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing floatable grease in amounts in excess of those specified in this chapter, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the approving authority. Disposal of the collected materials performed by owner's(s') personnel or currently licensed waste disposal firms must be in accordance with currently acceptable Department of Natural Resources (DNR) rules and regulations. 

§ 150-44.  Analyses. 

A.     All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods and with the Federal Regulations of 40 CFR 136, Guidelines Establishing Test Procedures for Analysis of Pollutants, as amended from time to time. Sampling methods, location, time, durations and frequencies are to be determined on an individual basis subject to approval of the approving authority. 

B.      Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or the person's agent, as designated and required by the approving authority at the cost of the discharger. The approving authority may also make its own analyses on the wastes, and these determinations shall be binding as a basis for sewer service charges.   

§ 150-45.  Submission of information.

Plans, specifications and any other pertinent information relating to proposed flow equalization, pretreatment or grease and/or sand interceptor facilities shall be submitted for review and approval of the approving authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers. No construction of such facilities shall commence until said approval has been granted.  

ARTICLE V

Basis For Sewer Service Charges

§ 150-46.  Residential equivalency charges.

The following list of residential equivalency charges (REC) shall be assigned for initial connections after December 31, 1999. Any category of users not listed shall be assigned an REC by the approving authority after a recommendation by the Village Engineer.

Category of User	Residential Equivalency Charge
Barbershops and beauty parlors	1
Bowling alleys	1
Car washes	4
Churches	1
Commercial establishments utilizing garbage grinder	Additional 2
Dentists	1 per care station
Domestic use from industrial	1 per 10 employees (full-time)
Duplexes	2 (1 per unit)
Fire houses	1
Funeral homes	1
Greenhouses	1
Halls	3
Hotels/motels	0.75 per rentable unit
Laundromats	0.333 per washing machine
Medical clinics	2
Multiple family 3 units and up	1 per unit
Nursing homes	0.333 per sleeping room
Office buildings	1 per 10 employees
Post offices	1
Refreshment stands (carry out)	1
Restaurants (having a food preparation kitchen)	2 for each 50 capacity
Retail stores, warehouses, shops and banks
Up to 10 employees	1
Over 10 employees	1 each additional 10
Schools
Without shower facilities	1 per 75 students capacity
With shower facilities	1 per 15
Single family	1
Taverns, for each 50 capacity	1
Telephone exchanges	1
Vacant lots
Vehicle service garages
10 employees or fewer	1
Over 10 employees	1 each additional 10
Village offices	1

    

§ 150-47.  Sewer users served by Water Utility.

There is hereby levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system and being served with water solely by the Water Utility a sewer service charge based, in part, on the quantity of water used, as measured by the Water Utility water meter used upon the premises. 

§ 150-48.  Sewer users served by private wells.

There is hereby levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system which procures any part or all water used from sources other than the Water Utility, all or part of which is discharged into the wastewater collection system, a sewer service charge based, in part, on the quantity of average residential water used, as determined by the Utility.  

ARTICLE VI

Amount of Sewer Service Charges

§ 150-49.  Sewer service charge unit costs.

The unit costs for the sewer service charge shall be as defined in the current sewer service charge system. 

§ 150-50.  Sewer service charges.

Residential, commercial, manufacturing and public authority are all charged based on the following methods: 

A.     Quarterly service charges. 

(1)    Quarterly fixed charge is calculated annually based on the number of "residential equivalent units" in the village. The charge is determined as follows: (annual debt service cost + annual replacement fund amount) - (estimated connections fees)/estimated REU's/four quarters = fixed quarterly charge. Residential customers are assigned one REU per unit, all other sewer users are annually allocated REU's based on previous years consumption and charged the fixed rate per REU, per quarter. 

(2)    Volume based charge is calculated annually based on the estimated volume of sewer consumption for the next year. The charge is determined as follows: (budgeted operating and maintenance cost)/estimated volumes per 1,000 gallons = volume charge per 1,000 gallons.   

B.      Other charges. 

(1)    Reserve capacity charges(hook-up fees) are $540 per REU; after two, the fee is decreased to $378 per REU for the next 14 units and $270 for each additional unit after 16. 

(2)    Southern service area connection charge: residential ($300 per REU and $225 per mobile home); commercial, manufacturing and public authority ($1,000 per acre). 

(3)    Northwest service area connection charge: $280 per REU (subject to annual CPI adjustments).     

§ 150-51.  Operation, maintenance and replacement fund accounts. 

A.     All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs as defined in Article I. All sewer service charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund. 

B.      All revenues for the replacement fund and for operation and maintenance of the wastewater treatment facilities shall be used solely for the replacement fund and operation and maintenance of the wastewater facilities.   

§ 150-52.  Disposal of septic tank sludge and holding tank sewage. 

A.     No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or public sewage unless a permit for disposal has been first obtained from the approving authority. Written application for this permit shall be made to the approving authority and shall state the name and address of the applicant; the number of its disposal units; and the make, model and license number of each unit. Permits shall be nontransferable except in the case of replacement of the disposal unit for which a permit shall have been originally issued. The permit may be obtained upon payment of a fee per calendar year. The amount of the annual fee shall be as established by the approving authority. The time and place of disposal will be designated by the approving authority. The approving authority may impose such conditions as it deems necessary on any permit granted. 

B.      Any person or party disposing of septic tank sludge or holding tank sewage agrees to carry public liability insurance in an amount as established by the approving authority to protect any and all persons or property from injury and/or damage caused in any way or manner by an act, or the failure to act, by any of the person's employees. The person(s) shall furnish a certificate certifying such insurance to be in full force and effect. 

C.     All materials disposed of into the treatment system shall be of domestic origin, or compatible pollutants only, and the person(s) agrees that they will comply with the provisions of any and all applicable ordinances of the municipality and shall not deposit or drain any gasoline, oil, acid, alkali, grease, rags, waste, volatile or flammable liquids or other deleterious substances into the public sewers, nor allow any earth, sand or other solid material to pass into any part of the wastewater treatment facilities. 

D.     Persons with a permit for disposing of septic tank sludge and/or holding tank sewage into the wastewater treatment facilities shall be charged a handling charge and a volume charge as defined in the current sewer service charge system. 

E.      The person(s) disposing wastes agrees to indemnify and hold harmless the municipality from any and all liability and claims for damages arising out of or resulting from work and labor performed.   

§ 150-53.  Charge for toxic pollutants.

Any person discharging toxic pollutants which cause an increase in the cost of managing the effluent or sludge from the municipality's wastewater treatment facility shall pay for such increased costs, as may be determined by the approving authority. 

§ 150-54.  Fees for industrial monitoring.

The POTW may adopt charges and fees which may include: 

A.     Fees for reimbursement of costs of setting up and operating the POTW Pretreatment Program. 

B.      Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by the industrial user. 

C.     Fees for reviewing accidental discharge procedures and construction. 

D.     Fees for permit applications, including the cost of processing such applications. 

E.      Fees for filing appeals. 

F.      Other fees as the POTW may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the POTW.   

§ 150-55.  Reserve capacity assessments. 

A.     There is hereby levied and assessed upon each lot or parcel of land subsequently attached to the village 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 sewer system. 

B.      Existing and future connections. For the purpose of this chapter, sewer connections in the village shall be classified as existing connections or future connections. Existing connections shall be those in existence and connection for which a sewer connection permit has been issued and construction started as of 11:59 p.m., December 31, 1999. Future connections shall be those not in existence as of 11:59 p.m., December 31, 1999. 

C.     Schedule of charges. The reserve capacity assessment shall be as established by the approving authority, which shall also be the unit of charge for a residential equivalent connection. The Village Engineer shall determine the residential equivalency units for all other categories of buildings. Special charges may be determined by the approving authority for large commercial or industrial users. 

D.     Payments. There shall be no RCA charge for existing connections. Payments of the RCA charge for future connections shall be made in full upon the issuance of a connection permit.   

§ 150-56.  Unique users.

The approving authority may, at any time hereafter, establish additional rates for any large commercial service, industrial use or any other unique user that does not readily fit into other user categories. 

§ 150-57.  Northwest Sanitary Sewer Area base sewer connection charge. 

A.     It is hereby found and determined that a necessity exists for determining an equitable method for apportioning the future costs of installing of a sanitary sewer system in lands which may be developed or annexed within the Northwest Sanitary Sewer Area and may not be presently within the corporate limits of the village, but may, in the future, become part of the village. As a result, the Village of Holmen does hereby establish a base sewer connection charge. This connection charge shall be in addition to all other hook-up fees. The amount of the base connection charge shall be $280 per residential equivalent unit. Said charge shall be adjusted annually with the first adjustment being made on January 1, 1999. The adjustment will be calculated by multiplying the connection charge by the consumer price index percentage. Said adjustment shall be added to the previous connection charge. 

B.      The sewer connection charge shall be paid to the Village Treasurer, by the owner(s) of each developed lot or parcels prior to connecting to the village's sanitary sewer system. 

C.     The Northwest Sanitary Service Area consists of those lands designated in the map which is denominated as Exhibit A, a copy of which is attached hereto.^[1]    

ARTICLE VII

Billing Practice

§ 150-58.  Calculation of user charges.

User charges shall be computed according to the formula presented in this chapter and according to the current user charge system. 

§ 150-59.  User charge billing period.

User charges shall be billed by quarterly. 

§ 150-60.  Payment of sewer service charges.

Those persons billed by the village for the sewer service charges shall pay such charges within 20 days after the billing date. 

§ 150-61.   Payment of charges. 

A.     Such charges levied in accordance with this section shall be a debt due to the approving authority and shall be a lien upon the property. If this debt is not paid within 20 days of the date of the bill, a penalty of 11/2% per month of the unpaid balance shall be added to delinquent bills. 

B.      In the event of failure to pay sewer service charges after they become delinquent, the approving authority shall have the right to remove or close sewer connections and enter upon the property for accomplishing such purposes. 

C.     The expense of such removal or closing, as well as the expense of restoring service, shall likewise be a debt to the village and a lien upon the property and may be recovered by civil action in the name of the approving authority against the property owner, the person or both. 

D.     Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration shall have been paid. 

E.      Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. 

F.      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. 

G.     On October 15 in each year, notice shall be given to the owner or occupant of all lots or parcels 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 Utility shall furnish the Village Clerk with a list of all such lots or parcels of real estate, and the notice shall be given by the Utility. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such Utility; that unless the same is paid by November 1, a penalty of 10% of the amount of such arrears may be added thereto; and that unless such arrears and penalty are 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 personally or by letter addressed to either owner or occupant at the post office address of such lot or parcel of real estate. Each such delinquent amount, including such penalty, 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. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said tax if the same is not paid within the time required by law for payment of taxes upon real estate.    

ARTICLE VIII

Cost Recovery for Sewer Extension

§ 150-62.  Areas provided with service.

Sewer services and extensions will be provided only to those areas located within the village corporate limits, which will be expanded from time to time. 

§ 150-63.  Recovery of costs. 

A.     Where the cost of the extension is to immediately be collected through assessment by the municipality against the abutting property, the procedure set forth under Section 66.60 of the Wisconsin Statutes will apply, and no additional customer contribution to the utility will be required. 

B.      Where the municipality is unwilling or unable to make a special assessment, the extension will be made on a customer-financed basis as follows: 

(1)    The applicant(s) will advance as a contribution in aid of construction their proportionate share of the total amount equivalent to that which would have been assessed for all property under Subsection A; or 

(2)    At the discretion of the Village of Holmen, extensions will be made as follows: 

(a)     The applicant(s) will advance as a contribution in aid of construction their proportionate share of the total amount equivalent to that which would have been assessed for all property under Subsection A. 

(b)     Part of the contribution required in Subsection B(2)(a) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contributions received from additional customers exceed the proportionate amount which would have been required under Subsection A nor will it exceed the total assessable cost of the original extension.     

C.     When a customer connects to a transmission main or connecting loop installed at utility expense within 20 years of the date of completion, there will be a contribution required of an amount equivalent to that which would have been assessed under Subsection A.    

ARTICLE IX

Right of Entry, Safety and Identification

§ 150-64.  Right of entry.

The approving authority or other duly authorized employees of the municipality, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation or testing, all in accordance with the provisions of this chapter. 

§ 150-65.  Safety.

While performing the necessary work on private premises referred to in § 150-64, the duly authorized municipal employees shall observe all safety rules applicable to the premises established by the owner or the occupant. 

§ 150-66.  Identification; right to enter easements.

The approving authority, or duly authorized employees of the municipality, bearing proper credentials and identification, shall be permitted to enter all private properties through which the municipality holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of such easement.  

ARTICLE X

Violations and Penalties

§ 150-67.  Written notice of violation.

Any person found to be violating any provision of this chapter, except Article VII, shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 

§ 150-68.  Accidental discharge.

Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system, which causes damage to the treatment facility and/or receiving body of water, shall, in addition to a fine, pay the amount to cover damages as established by the approving authority. 

§ 150-69.  Continued violations.

Any person, partnership or corporation, or any officer, agent or employee thereof, who or which shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, forfeit an amount not less than $100 nor more than $200 and the cost of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the county jail for a period not to exceed 30 days. Each day in which any violation is continued beyond the aforesaid notice time shall be deemed a separate offense. 

§ 150-70.  Liability to village for losses.

Any person violating any provisions of this chapter shall, in addition to any penalty or fine that may be assessed against him or her, become liable to the approving authority for any expense, loss or damage occasioned by reason of such violation which the approving authority may suffer as a result thereof. 

§ 150-71.  Differences of opinion.

The Board of Trustees of the village shall arbitrate differences between the approving authority and sewer users on matters concerning interpretation and execution of the provisions of this chapter. 

§ 150-72.  Enforcement of industrial provisions. 

A.     Notification of violation. Whenever the POTW finds that any industrial user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the approving authority or his or her agent may serve upon said user written notice of the violation. Within 10 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the approving authority. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. 

B.      Civil penalties. 

(1)    Any industrial user who has violated or continues to violate this chapter, or any order or permit issued hereunder, shall be liable to the POTW for a civil penalty as set forth in § 150-69, plus actual damages incurred by the POTW. In addition to the above described penalty and damages, the POTW may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses. 

(2)    The approving authority shall petition the Court to impose, assess and recover such sums. In determining amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.      

ARTICLE XI

Appeals

§ 150-73.  Procedures.

Any user, permit application or permit holder affected by a decision, action or determination, including cease and desist orders, made by the approving authority interpreting or implementing the provisions of this chapter or in any permit issued herein may file with the approving authority a written request for reconsideration within 10 days of the date of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The approving authority shall render a decision on the request for reconsideration to the user, permit applicant or permit holder, in writing, within 15 days of receipt of request. If the ruling on the request for reconsideration made by the approving authority is unsatisfactory, the person requesting reconsideration may, within 10 days after notification of the action, file a written appeal with the Village Board. The written appeal shall be heard by the Village Board within 30 days from the date of filing. The Village Board shall make a final ruling on the appeal within 10 days from the date of hearing.  

ARTICLE XII

Effect on Prior Ordinances; Amendments

§ 150-74.  Prior ordinances.

This chapter governing sewer use, industrial wastewater discharges, sewer service charges and sewer connections and construction shall replace and supersede all previous ordinances of the municipality regarding sewer service charges. 

§ 150-75.  Amendments.

The municipality, through its duly authorized officers, reserves the right to amend this chapter in part or in whole whenever it may deem necessary.  

ARTICLE XIII

Audit, Notification and Records

§ 150-76.  Audit.

The municipality shall review, at least every two years, the wastewater contribution of its sewer users, the operation, maintenance and replacement expenses of the wastewater treatment facilities and the sewer service charge system. Based upon this review, the municipality shall revise the sewer service charge system, if necessary, to accomplish the following: 

A.     Maintain a proportionate distribution of operation and maintenance expenses among sewer users based upon the wastewater volume and pollutant loadings discharged by the users. 

B.      Generate sufficient revenue to pay the debt service costs and the total operation and maintenance costs necessary to provide for the proper operation and maintenance (including replacement) of the treatment works.   

§ 150-77.  Annual notification.

The municipality shall notify its sewer users annually about the sewer service charge rates. The notification shall occur in conjunction with a regular bill. 

§ 150-78.  Records.

The municipality shall maintain records regarding wastewater flows and loadings, costs of the wastewater treatment facilities, sampling programs and other information which is necessary to document compliance with 40 CFR 35, Subpart E, of the Clean Water Act.