CHAPTER 13
MUNICIPAL UTILITIES

GENERAL PROVISIONS
13.01	Waterworks Utility and Sewerage Utility
WATER UTILITY
13.02	Compliance with Rules
13.03	Establishment of Service
13.04	Water Main Extension Rule
13.05	Service Contract; Reconnection
13.06	Temporary Metered Supply, Meter and Deposits
13.07	Water for Construction
13.08	Use of Hydrants for Construction
13.09	Operation of Valves and Hydrants and Unauthorized Use of Water; Penalty
13.10	Refunds of Monetary Deposits
13.11	Service Connections (or Water Laterals)
13.12	Outside Water Service Prohibited
13.13	Fluoridation
13.14	Replacement and Repair of Service Pipe
13.15	Charges for Water Wasted Due to Leaks
13.16	Thawing Frozen Services
13.17	Stop Boxes
13.18	Installation of Meters
13.19	Repairs to Meters
13.20	Service Piping for Meter Settings
13.21	Turning on Water
13.22	Failure to Read Meters
13.23	Complaint Meter Tests
13.24	Inspection of Premises
13.25	Billing Procedure
13.26	Deposit and Guarantee Rules
13.27	Surreptitious Use of Water
13.28	Vacation of Premises
13.29	No Claims for Damages
13.30	Repairs to Mains
13.31	Duty of Superintendent with Respect to Safety of the Public
13.32	Handling Water Mains and Service Pipes in Sewer or Other Trenches
13.33	Settling Main or Service Trenches
13.34	Protective Devices
13.35	Cross Connections
13.36	Well Abandonment
SEWER UTILITY
13.40	Creation
13.41	Management
13.42	Application
13.43	Definitions
13.44	Rules and Regulations
13.45	Sewer Service Charges
13.46	Annual Budget and Method of Payment of Charges
13.47	Accounts and Funds
13.48	Prohibited Discharges
13.49	Accidental Discharges
13.50	Pretreatment Facilities
13.51	Sand and Grease Trap Installations
13.52	Wastewater Measurement and Sampling
13.53	Industrial Waste Analysis, Measurement and Sampling
13.54	Wastewater Discharge Permit System
13.55	Admission to Property
13.56	Confidentiality of Critical Information
13.60	Violations
13.61	Residential Equivalent Connection Table, Metered and Unmetered Wastewater Flow Assignments
STORM WATER UTILITY
13.70	Purpose
13.71	Creation and Authority
13.72	Management
13.73	Application
13.74	Definitions
13.75	Rules and Regulations
13.76	Storm Water Utility Charges
13.77	Accounts and Funds
13.78	Billing
13.79	Delinquent Accounts

GENERAL PROVISIONS

13.01 WATERWORKS UTILITY AND SEWERAGE UTILITY.

The single public utility of the Village, created under §66.077, Wis. Stats., to manage both the waterworks plant and system and the sewage disposal plant and system of the Village is abolished. There is now created in place of the single public utility a public utility known as the Village Waterworks Utility to manage the waterworks plant and system and a separate public utility known as the Village Sewage Utility to manage the sewage disposal system.

WATER UTILITY

13.02 COMPLIANCE WITH RULES.

All persons now receiving a water supply from the Village Water Utility or who may hereafter make application therefor, shall be considered as having agreed to be bound by the rules and regulations as filed with the Public Service Commission of Wisconsin.

13.03 ESTABLISHMENT OF SERVICE.

(1) Application for water service shall be made in writing on a form furnished by the Water Utility. The application will contain the legal description of the property to be served, name of the owner, the exact use to be made of the service and the size of the supply pipe and meter desired. The application shall note particularly any special refrigeration and/or air conditioning water consuming appliances.

(2) Service will be furnished only if:

(a) The premises to be serviced shall have a frontage on a properly platted street or public strip in which a cast iron or other long life water main has been laid or where property owner has agreed to and has complied with the provisions of the utility's filed main extension rule.

(b) Property owner has installed or agrees to install a service pipe from the curb line to the point of use and laid not less than 6' below the surface of an established or proposed grade and according to utility's specifications.

(c) Premises have adequate piping beyond metering point.

(3) No division of the water service of any lot or parcel of land shall be made for the extension and independent meterage of the supply to an adjoining lot or parcel of land. No division of a water supply service shall be made at the curb for separate supplies therefrom for 2 or more separate premises having frontage on any street or public service strip whether owned by the same or different parties.

(4) The Superintendent is hereby empowered to withhold approval of any application in which full information of the purpose of such supply is not clearly indicated and described by the applicant property owner.

13.04 WATER MAIN EXTENSION RULE.

The Water Utility will extend water mains for new customers and will decide whether the extension is to be 6 inches or larger pipe where fire protection service is needed or 2 inch pipe as a minimum size or larger where only general service is needed, on the following basis:

(1) Where the cost of the extension is to be immediately assessed against the abutting property the procedure under §66.60, Wis. Stats., will apply.

(2) Where the municipality is unwilling to make a special assessment because of low density of prospective consumers or for some other reason, extensions will be made on a customer financed basis as follows:

(a) Definitions:

Customer means the owner of the premises to which water is now or is to be furnished unless specific written agreements specify otherwise. The customer at all times means the property owner at the time a contribution is to be made or a refund becomes available.

Contributor means the owner of the property the time of a contribution or refund unless otherwise specified by written agreement.

(b) Additional Customers. When additional customers are connected to a water main that was originally financed in part by customers the utility will require a contribution from each new customer equal to the existing average contribution. When the amount of customer contribution computed under (2) above is less than would have been assessed under (1) above, the applicant for service shall pay an amount equivalent to the assessment. This amount shall then be refunded pro rata to all contributors along the extension whose remaining contribution still exceeds what would have been assessed under (1) above.

(c) Refunds. When refunds have reduced the contribution of any contributor to the applicable assessment per front foot, no further refund will be made to that individual. After all refunds have been made, the remaining premises that may connect will be charged at the rate per front foot established for the extension.

(d) Limit of Extension. When an extension beyond an existing extension is required to serve a new customer, and the cost for a customer exceeds the average remaining contribution in the original extension, then the new extension will be considered as an entirely new project, without refunds or other connection with the original extension.

(3) When customers connect to a transmission main or connecting loops laid at utility expense there will be a contribution of an amount equivalent to the applicable assessment as determined in (1) above.

(4) The development period during which refunds shall be made will be limited to 20 years.

13.05 SERVICE CONTRACT; RECONNECTION.

(1) Where a customer, at his request, has been disconnected prior to expiration of his minimum contract period and his account is not delinquent and where thereafter he requests the reconnection of service in the same or some other location, a reconnection charge, payable in advance, shall be collected. The minimum contract period is renewed with each reconnection. The fee shall be as provided in the Public Service Commission rules governing the Village.

(2) A reconnection charge shall also be required from consumers whose services are disconnected for failure to comply with deposit or guarantee rules.

(3) A consumer shall be considered as the same consumer provided the reconnection is requested for the same location by any member of the same family or if a place of business, by any partner or employee of the same business.

13.06 TEMPORARY METERED SUPPLY, METER AND DEPOSITS.

An applicant for temporary water supply on a metered basis shall make and maintain a monetary deposit of not less than $25 for each meter installed, as security for payment for use of water and for such other charges which may arise from the use of the supply. The charge for setting the valve and furnishing and setting the meter will be $7.50, so that of the $25 deposited, $17.50 will be available to pay for the water used at the scheduled rates.

13.07 WATER FOR CONSTRUCTION.

(1) When water is wanted for construction proposed or for filling cisterns, tanks or tank wagons, steam tractors or rollers or portable steam boilers, an application shall be made to the Superintendent, in writing, upon an application provided for that purpose in the Water Department office, giving a statement of the amount of construction work to be done or the size of the cistern, boiler, tank or tank wagon to be filled. Payment for the water for construction shall be made in advance at the scheduled rates. No connection with the service pipe at the curb shall be made without special permission from the Superintendent.

(2) In no case will any employee of the utility turn on water for construction work unless the contractor first presents a permit. Upon completion of the construction work, the contractor must return the original permit to the Water Department, together with a statement of the actual amount of construction work performed.

13.08 USE OF HYDRANTS FOR CONSTRUCTION.

(1) In cases where no other supply is available, permission may be granted by the Superintendent to use a hydrant. No hydrant shall be used until it is equipped with a sprinkling valve. A charge of $5 will be made for setting a valve or for moving it from one hydrant to another. In no case shall any valve be moved except by a member of the Water Department.

(2) Before a valve is set, payment must be made for its setting and for the water to be used at the scheduled rates. The applicant must make a deposit of $1 for the hydrant wheel and $1.50 for the reducer, if he desires one. When the contractor has finished using the hydrant he must notify the Water Department to that effect. The minimum charge for the use of water from a hydrant will be $5 exclusive of the deposit, but including the charge for setting the valve.

(3) In the use of a fire hydrant supply, the hydrant valve will be set at the proper opening by the Water Department when the sprinkling valve is set and the flow of water must be regulated by means of the sprinkling valve. If the water is to be used through iron pipe connections, all such pipe installations shall have the swing joint to facilitate quick disconnection from the hydrant.

13.09 OPERATION OF VALVES AND HYDRANTS AND UNAUTHORIZED USE OF WATER; PENALTY.

(1) No person shall, without authority from the Superintendent, allow contractors, masons or other unauthorized persons to take water from their premises, operate any valve connected with the street or supply mains or open any fire hydrant connected with the distribution system except for the purpose of extinguishing fire, or shall wantonly injure or impair the same. Permits for the use of hydrants for filling sprinkling carts apply only to such hydrants as are designated for such use.

(2) Use of water outside of Village limits shall be by annual contractual agreement with the Village.

13.10 REFUNDS OF MONETARY DEPOSITS.

All moneys deposited as security for payment of charges arising from the use of temporary water supply on a metered basis or for the return of a sprinkling valve wheel or reducer if the water is used on an unmetered basis, will be refunded to the depositor on the termination of the use of water, the payment of all charges levied against the depositor and the return of the wheel and reducer.

13.11 SERVICE CONNECTIONS (OR WATER LATERALS).

(1) No water service shall be laid through any trench having cinders, rubbish, rock or gravel fill, or any other material which may cause injury to or disintegration of the service pipe, unless adequate means of protection are provided by sand filling or such other insulation as may be approved by the Superintendent. Service pipes passing through curb or retaining walls shall be adequately safeguarded by provision of a channel space or pipe casing, not less than twice the diameter of the service connection. The space between the service pipe and channel or pipe casing shall be filled and lightly caulked with an oakum, mastic cement or other resilient material and made impervious to moisture.

(2) In backfilling the pipe trench, the service pipe must be protected against injury by carefully hand tamping the ground filling free from hard lumps, rocks, stones or other injurious material, around and at least 6 inches over the pipe.

(3) All water service connections one inch or less (water laterals) shall be constructed of copper from the street main to the point of meter connection. On services greater than one inch, services shall be copper within the road right-of-way, polyethylene tubing may be used from the road right-of-way line to the meter connection. All materials must meet the Village specifications. These can be obtained from the Department of Public Works Superintendent. All water supplies shall be undiminished size from the street main in to the point of meter placement, however, all service laterals from the main to the building shall be a minimum of one inch in diameter unless waived by the utility superintendent. Beyond the meter outlet valve the piping shall be sized and proportioned to provide, on all floors at all times, an equitable distribution of water supply for the greatest probably number of fixtures or appliances operating simultaneously. (Am. #94-9; #95-1; #04-1)

13.12 OUTSIDE WATER SERVICE PROHIBITED.

No water service shall be extended for any purpose outside the Village limits.

13.13 FLUORIDATION.

The fluoride content in the public water supply shall be adjusted in accordance with the recommendations of the State Department of Health and Social Services.

13.14 REPLACEMENT AND REPAIR OF SERVICE PIPE.

(1) Where the property owner requests that a larger service lateral be installed to replace an existing smaller diameter pipe, an allowance of $15.00 will be made as a deduction in the cost, providing the new service is to be installed in the same ditch as the existing service pipe.

(2) The service pipe from the main to and through the curb stop will be maintained and kept in repair and when worn out, replaced at the expense of the utility. The property owner shall maintain the service pipe from the curb stop to the point of use and can be billed for any water which has not passed through the meter and has been wasted by leakage or defective pipes and fixtures as estimated by the Superintendent.

(3) If a consumer fails to repair a leaking or broken service pipe from curb to point of metering or use within such time as may appear reasonable to the superintendent after notification has been served on the consumer by the superintendent, the water will be shut off and will not be turned on again until the repairs have been completed.

13.15 CHARGES FOR WATER WASTED DUE TO LEAKS.

When the meter registers losses due to pipe leaks, the Utility shall determine whether or not the defect in the piping or equipment was known to the customer or, being known, he had used his best efforts to correct the conditions. If the Superintendent determines that the loss occurred without the consumer's knowledge or having known about it, he had tried to correct the condition, the Utility may determine as nearly as possible what is the amount of the loss by comparison with the use of the water during a like period and the excess may be billed at the lowest step in the rates. If, however, the consumer knew of the leak and failed to give proper attention to it, the Utility will bill for the total consumption shown by the meter at regular rates.

13.16 THAWING FROZEN SERVICES.

Frozen services shall be thawed by and at the entire expense of the Utility except where the customer has been notified in advance of a corrective measure to follow or the freezing was caused by contributory fault or negligence on the part of the customer, such as reduction of the cover or undue exposure of the piping in the building or on the customer's property or failure to comply with Water Department specifications and requirements as to depth of service, sufficient backfill, etc.

13.17 STOP BOXES.

The consumer shall protect the stop box in his terrace and shall keep the same free from dirt and other obstructions. The Utility shall not be liable for failure to locate stop box and shut off the water in case of a leak on the consumer's premises nor shall the consumer permit or attempt in any way to obstruct access to the stop box by any representative of the Water Utility.

13.18 INSTALLATION OF METERS.

Meters will be furnished and placed by the Utility and are not to be disconnected or tampered with by the consumer. All meters shall be so located that they shall be protected from obstructions and permit ready access thereto for reading, inspection and servicing, such location to be designated or approved by the Superintendent. All piping within the building must be supplied by the consumer. Where additional meters are desired by the consumer, he shall pay for all piping and an additional amount sufficient to cover the cost of maintenance and depreciation, but not less than $.25 per month.

13.19 REPAIRS TO METERS.

(1) Meters will be repaired by the Water Department and the cost of such repairs caused by ordinary wear and tear will be borne by the Utility.

(2) Repair or any damage to a meter resulting from the carelessness of the owner of the premises, his agent or tenant, or from the negligence of any one of them to properly secure and protect same, including any damage that may result from allowing a water meter to become frozen or to be injured from the presence of hot water or steam in the meter shall be paid for by the consumer or the owner of the premises.

13.20 SERVICE PIPING FOR METER SETTINGS.

In cases where a new customer whose service is to be metered installs the original service piping or where an existing metered customer changes his service piping for his own convenience, or where an existing flat rate customer requests to be metered, the customer shall, at his expense, provide a suitable location and the proper connections for the meter. The Superintendent should be consulted as to the type and size of meter setting. Where it is possible to set meters in the basement or other suitable place within the building, a meter yoke or horn shall be inserted after the stop and waste cock. No permit will be given to change from metered to flat rate services.

13.21 TURNING ON WATER.

The water cannot be turned on for a consumer except by an authorized employee of the Utility. When a plumber has completed a job he must leave the water turned off. This does not prevent him from testing his work.

13.22 FAILURE TO READ METERS.

(1) Where the Utility is unable to read a meter after 2 successive attempts, the fact will be plainly indicated on the bill and either an estimated bill will be computed, or the minimum charge applied. The difference shall be adjusted when the meter is again read, that is, the bill for the succeeding quarter will be computed and credit will be given on that bill for the amount of the minimum bill paid the preceding month. Only in unusual cases or where approval is obtained from the consumer shall more than 2 consecutive estimated bills be rendered.

(2) If the meter is damaged or fails to operate, the bill will be based on the average use during the past year unless there is some reason why the use is not normal. If the average use cannot be properly employed, the bill will be estimated by some equitable method.

13.23 COMPLAINT METER TESTS.

The Utility shall promptly make an accuracy test without charge on any metering installation upon request of the customer if 24 months or more have elapsed since the last complaint test of the meter in the same location, and for a charge of $2 per inch of nominal size or fraction thereof, payable in advance, if less than 24 months have elapsed. This amount shall be refunded if the test shows the meter to be over registering by more than 2 percent and if required, an adjustment will be made in past bills. A report giving the results of such test shall be made to the customer and the complete, original test record shall be kept on file in the office of the Utility. The test shall be made in the presence of the customer if he desires.

13.24 INSPECTION OF PREMISES.

During reasonable hours any officer or authorized employee of the Utility shall have the right of access to the premises supplied with service for the purpose of inspection or for the enforcement of the Utility's rules and regulations. At least once every 12 months the Utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water.

13.25 BILLING PROCEDURE.

(1) BILLING. A penalty of 3 percent will be added to bills not paid within 20 days from date of bill. If bill is not paid within 20 days, the consumer will be given written notice that the bill is delinquent and that unless payment or satisfactory arrangement for payment is made within the next 8 days, service will be discontinued in accordance with State law.

(2) UNIT OF SERVICE. A unit of service shall consist of any aggregation of space or area occupied for distinct purpose such as a residence, apartment, flat, store, office or factory, etc. which is equipped with one or more fixtures for rendering water service, separate and distinct from other users. Each unit of service shall be regarded as one consumer and the surcharge for additional consumers on a meter assessed accordingly.

(3) ROOMING HOUSES. Suites in houses or apartments where complete housekeeping functions, such as cooking, are not exercised, shall be classed as rooming houses. Thus, houses and apartments having suites of one, 2 or more rooms with toilet facilities but without kitchen for cooking are classed as rooming houses.

(4) CUMULATED BILLING. When a consumer's premises have several buildings each supplied with service and metered separately, the full service charge will be billed for each meter separately, but the readings will be cumulated. If these buildings are all used in the same business and are connected by the consumer, they can be metered in one place. If the Utility, for its own convenience, installs more than one meter, readings will be cumulated for billing.

(5) In the event an abnormal amount of water is used by any customer in any billing period, either through leakage, accident or inaccurate metering, and the Supervisor of Public Works is satisfied that the abnormal flow or reading was caused through no fault of the customer, the Supervisor of Public Works may estimate the amount of flow wasted for that billing period with the amount of flow the affected premises should have generated with normal usage, and then the customer will be billed for the wasted water at the utility's cost of such wasted flow. No reduction shall be applied to any flow occurring after the customer is notified of the condition. It is intended by this paragraph to supersede §PSC 185.35(6). (Cr. #94-2)

13.26 DEPOSIT AND GUARANTEE RULES.

(1) FOR PROPERTY OWNERS. A deposit may be required if the credit of the consumer has not been established satisfactorily to the Utility.

(2) FOR RENTERS. Either of the following alternatives shall be used:

(a) A deposit may be required of all renters using water service to guarantee the payment of the water bill by the renter.

(b) A deposit will be required of renters if property owners have notified the Utility in writing that they prefer to have the water bills paid by the renter.

(3) DEPOSIT.

(a) The amount of deposit required may be a sum not exceeding the estimated gross bills for all water service, both billed and unbilled, which can be supplied before the Utility's filed disconnect rule becomes applicable. The amount to be deposited may be a minimum of $1 per month for each class of water service furnished. The deposit shall be refunded upon request of the customer after 2 years' service with payments within the prompt payment period and, without such request, shall be refunded voluntarily by the Utility after 3 years' service with payments within the prompt payment period. In no case, however, will a deposit be refunded if the customer's credit standing is not satisfactory to the Utility. Deposits shall bear simple interest at a rate of 5 percent per annum payable from date of deposit to the date of refund or discontinuance of service, whichever is earlier.

(b) If the rules of the Utility permit a customer to pay the net rate after the discount date once within a limited number of consecutive billing periods, such payment shall be regarded as a prompt payment in the application of the above paragraph.

(c) A new or additional deposit may be required upon reasonable written notice of the need for such a requirement in any case where a deposit has been refunded or is found to be inadequate or where the customer's credit standing is not satisfactory to the Utility. The water service of any customer who fails to comply with these requirements may be disconnected upon 5 days written notice.

(4) GUARANTEE.

(a) The Utility may accept, in lieu of a cash deposit, a contract signed by a guarantor satisfactory to the Utility, whereby payment of a specified sum not exceeding the cash deposit requirement is guaranteed. The term of such contract shall be indeterminate, but it shall automatically terminate when the customer gives notice to the Utility of discontinuance of service at the location covered by the guarantee agreement or 6 months after discontinuance of service or at the guarantor's request, upon 30 days written notice to the Utility.

(b) Upon termination of a guarantee contract or whenever the Utility deems same insufficient as to amount or surety, a cash deposit or a new or additional guarantee may be required upon reasonable written notice to the customer. The water service of any customer who fails to comply with these requirements may be disconnected upon 5 days written notice.

(c) The guarantor shall receive copies of all final disconnect notices sent to the customer whose account he has guaranteed.

(d) The Utility is not able to collect any bill for water service even though deposit and guarantee rules are on file, the bill may be put upon the tax roll as provided in §66.069, Wis. Stats.

13.27 SURREPTITIOUS USE OF WATER.

(1) When the Utility has reasonable evidence that a consumer is obtaining his supply of water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the Utility service being delivered to his equipment, the Utility reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference and such bill shall be payable subject to a 24 hour disconnection of service.

(2) When the Utility shall have disconnected the consumer for any such reason, the Utility will reconnect the consumer upon the following conditions:

(a) The consumer will be required to deposit with the Utility an amount sufficient to guarantee the payment of the consumer's bills for service.

(b) The consumer will be required to pay the Utility for any and all damages to its equipment on the consumer's premises due to such stoppage or interference with its metering.

(c) The consumer must further agree to comply with reasonable requirements to protect the Utility against further losses.

13.28 VACATION OF PREMISES.

When premises are to be vacated, the Utility shall be notified in writing at once so that it may remove the meter and shut off the supply at the curb cock. The owner of the premises shall be liable to prosecution for any damage to the property of the Water Department by reason of failure to notify the Utility of vacancy.

13.29 NO CLAIMS FOR DAMAGES.

No person shall enter a claim for damage against the Water Utility, or any officer thereof, for damage to any pipe, fixture or appurtenance by reason of interrupted water supply or variation of pressure or for damage of any nature whatsoever caused by the turning off or turning on, either wholly or partially, of the water supply for the extension, alteration or repair of any water main or premises supply or for the discontinuance of the premises water supply for the violation of any rules or regulations of the Water Utility. No claims will be allowed against the Water Utility on account of the interruption of the water supply caused by the breaking of pipes, machinery or by stoppage for repairs on account of fire or other emergency and no claims shall be allowed for any damage caused by the breakage of any pipe or machinery.

13.30 REPAIRS TO MAINS.

The Utility reserves the right to shut off the water in the mains temporarily to make repairs, alterations or additions to the plant or system. When the circumstances will permit sufficient delay, the company will give notification, by newspaper publication or otherwise, of the discontinuance of the supply. No rebate or damages will be allowed to consumers for such temporary suspension of supply.

13.31 DUTY OF SUPERINTENDENT WITH RESPECT TO SAFETY OF THE PUBLIC.

The Utility reserves the right to shut off the water in the mains temporarily to make repairs, alterations or additions to the plant or system. When the circumstances will permit sufficient delay, the company will give notification by newspaper publication or otherwise, of the discontinuance of the supply. No rebate or damages will be allowed to consumers for such temporary suspension of supply.

13.32 HANDLING WATER MAINS AND SERVICE PIPES IN SEWER OR OTHER TRENCHES.

(1) Where excavating machines are used in digging sewers, all water mains shall be maintained at the expense of the contractor.

(2) Contractors must ascertain for themselves the existence and location of all service pipes. Where they are removed, cut or damaged in the construction of a sewer the contractor must, at his own expense, cause them to be replaced or repaired at once. He must not shut off the water service pipes from any consumer for a period exceeding 6 hours.

13.33 SETTLING MAIN OR SERVICE TRENCHES.

Trenches in unpaved streets shall be refilled with moist, damp earth or by means of water tamping. When water tamping is used, the water shall be turned into the trench after the first 12 inches of backfill has been placed and then the trench shall be kept flooded until the remainder of the backfill has been put in.

13.34 PROTECTIVE DEVICES.

(1) IN GENERAL. The owner or occupant of every premises receiving water supply shall apply and maintain suitable means of protection of the premises supply and all appliances thereof against damage arising in any manner from the use of the water supply, variation of water pressure or any interruption of water supply. Particularly, such owner or occupant must protect water cooled compressors for refrigeration systems by means of high pressure safety cutout devices. There shall likewise be provided means for the prevention of the transmission of water ram or noise of operation of any valve or appliance through the piping of their own or adjacent premises.

(2) RELIEF VALVES. On all closed systems (i.e. systems having a check valve, pressure regulator or reducing valve, water filter or softener) an effective pressure relief valve shall be installed either in the top tapping or the upper side tapping or the hot water tank or on the hot water distributing pipe connection at the tank. A 1/2 inch drain pipe shall be connected to the relief valve for discharge on the floor or into a sink or open drain through an air gap. No stop valve shall be placed between the hot water tank and the relief valve or on the drain pipe.

(3) AIR CHAMBERS. An air chamber or approved shock absorber shall be installed at the terminus of each riser, fixture branch or hydraulic elevator main for the prevention of undue water hammer. The air chamber shall have a diameter not less than that of the pipe it serves and a length not less than 15 diameters of the supply pipe. Where possible, the air chamber should be provided at its base with a valve and rain cock for water drainage and replenishment of air.

13.35 CROSS CONNECTIONS.

(1) DEFINITIONS. A "cross connection" shall be defined as any physical connection or arrangement between 2 otherwise separate systems, one of which contains potable water from the Village water system and the other, water from a private source, water of unknown or questionable safety or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the 2 systems.

(2) CROSS CONNECTIONS PROHIBITED. No person shall establish, permit to be established, maintain or permit to be maintained any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the Village may enter the supply or distribution system of the Village, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Water Utility and by the Wisconsin Department of Natural Resources in accordance with §NR 111.25(3), Wis. Adm. Code.

(3) REQUIRED INSPECTIONS. The Water Utility shall cause inspections to be made of all properties served by the public water system where cross connections with the public water system is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Village Board and as approved by the Wisconsin Department of Natural Resources.

(4) RIGHT OF ENTRY. Upon presentation of credentials, the representative of the Water Utility shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the Village for cross connections. If entry is refused, such representative shall obtain a special inspection warrant under §66.122, Wis. Stat. On request the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.

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

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

(7) ADOPTION OF STATE CODES.

(a) The Village adopts by reference the State Plumbing Code of Wisconsin, Ch. ILRH 82, Wis. Adm. Code.

(b) This section does not supersede the State Plumbing Code and plumbing ordinances of the Village, but is supplementary to them.

13.36 WELL ABANDONMENT.

(1) PURPOSE. The purpose of this section is to prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused, unsafe or noncomplying wells or wells which may serve as conduits for contamination or wells which may be illegally crossconnected to the municipal water system are properly abandoned.

(2) APPLICABILITY. This chapter applies to all wells located on premises served by the Village Municipal Water System.

(3) DEFINITIONS:

Municipal Water System. A system for the provision to the public of piped water for human consumption when such system has at least 15 service connections or regularly serves at least 25 year round residents owned or operated by a city, village, county, town sanitary district, utility district or public institutions as defined in §49.10(12)(f)1., Wis. Stats., or a privately owned utility serving any of the above.

Noncomplying. A well or pump installation which does not comply with the provisions of Ch. NR 112, Wis. Adm. Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.

Pump Installation. The pump and related equipment used for withdrawing water from a well including the discharge piping, the underground connections, pitless adapters, pressure tanks, pits, sampling faucets and well seals or caps.

Unsafe. A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances in exceedance of the standards of Chs. NR 109 or 140, Wis. Adm. Code, or for which a health advisory has been issued by the Department of Natural Resources.

Unused. A well or pump installation which is not in use or does not have a functional pumping system.

Well. An excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for consumption or other use.

Well Abandonment. The filling and sealing of a well according to the provisions of Ch. NR 112, Wis. Adm. Code.

(4) ABANDONMENT REQUIRED. All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this section and Ch. NR 112, Wis. Adm. Code, within one year of notification or no later than one year from the date of connection to the municipal water system, whichever occurs last, unless a well operation permit has been obtained by the well owner from the Village Water Utility.

(5) WELL OPERATION PERMIT. The Village Water Utility may grant a permit to a private well owner to operate a well for a period not to exceed 5 years providing the conditions of this subsection are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this subsection are met. The Utility or its agent, may conduct inspections or have water quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the Clerk. The following conditions must be met for issuance or renewal of a well operation permit:

(a) The well and pump installation meet or are upgraded to meet the requirements of Ch. NR 112, Wis. Adm. Code.

(b) The well construction and pump installation have a history of producing bacteriologically safe water as evidenced by at least 2 samplings taken a minimum of 2 weeks apart. No exception to this condition may be made for unsafe wells, unless the Department of Natural Resources approves, in writing, the continued use of the well.

(c) There are no crossconnections between the well and pump installation and the municipal water system.

(d) The proposed use of the well and pump installation can be justified as being necessary in addition to water provided by the municipal water system.

(e) The $75 permit fee has been paid.

(6) ABANDONMENT PROCEDURES.

(a) All wells abandoned under the jurisdiction of this chapter shall be abandoned according to the procedures and methods of Ch. NR 112, Wis. Adm. Code. All debris, pump, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.

(b) The owner of the well, or the owner's agent, shall notify the Clerk at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by the Village Water Utility.

(c) An abandonment report form supplied by the Department of Natural Resources shall be submitted by the well owner to the Clerk and the Department of Natural Resources within 10 days of the completion of the well abandonment.

(7) PENALTIES. Any well owner violating any provision of this section shall upon conviction be punished by forfeiture of not less than $25 nor more than $500 and the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this chapter for more than 10 days after receiving written notice of the violation, the Village may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.

SEWER UTILITY (Rep. & recr. #93-2)

13.40 CREATION.

The Village Board under §66.067, Wis. Stats., does hereby declare the Village sewerage system consisting of the collection system (as defined below), waste collection and disposal operations, sewerage system and all other appurtenances and equipment used for such purposes, or wastewater treatment facility (as defined below) shall be designated the sewerage system utility. This public utility is not a public service subject to regulation by the Wisconsin Public Service Commission for the purposes defined above.

13.41 MANAGEMENT.

(1) The operation, management and control of the sewerage system utility is vested in the Village Board acting as the Water and Sewer Committee under the provisions of §66.066 (1), Wis. Stats., and is referred to herein as the "Approving Authority". All records of the sewerage system utility shall be kept by the Approving Authority in the Village Hall or other officially designated place.

(2) The rules, regulations and rates in this subchapter shall be considered part of the regulations applicable to every individual or entity connected to the sewerage system and all persons discharging wastes to the sewerage system. Such rules, regulations and rates may be changed from time to time as determined by the Village Board and the right is reserved to make special rates and contracts in all proper cases.

(3) The Village Board shall cause an annual audit of the books of the sewerage system utility to be made and shall make the books and records relating to the sewerage system utility available for inspection during regular business hours.

(4) A proportionate distribution of operation, maintenance and replacement costs shall be maintained among user classes. Users shall be notified annually of the sewer service charges associated with the sewerage system.

13.42 APPLICATION.

The application of this chapter, its rules, regulations and rates shall apply to all individuals, firms, corporations and institutions residing within the corporate limits of the Village and any person, firm or corporation, by attachment to the sewerage system or otherwise by contract or agreement coming within the Village sewer service area subsequent to the effective date hereof and all entities hauling wastes or trucking wastes and discharging to the sewerage system.

13.43 DEFINITIONS.

The meaning of terms used in this subchapter shall be as follows:

ACT. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub.L. 92-500) and Pub.L. 93-243, or as modified by Ch. 147, Wis. Stats., or appropriate sections of the Wisconsin Administrative Code adopted under Ch. 147.

APPROVING AUTHORITY. The Village Board of the Village of Palmyra or its authorized deputy, agent or representative.

BOD. The quantity of oxygen expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory conditions for 5 days at a temperature of 20° centigrade. The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods".

BUILDING SEWER, LATERAL OR SERVICE PIPE. A sewer which carries only sewage or industrial wastes from the building plumbing to the public sanitary sewer.

COLLECTION SYSTEM. The system of sewers and appurtenances for the collection, transportation and pumping of domestic wastewater and industrial waste.

COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.

COMMERCIAL USER (CLASS II). Any property occupied by a nonresidential establishment not within the definition of an "Industrial User (Class III)" and which is connected to the wastewater facilities.

COMPATIBLE POLLUTANTS. Biochemical oxygen demand, suspended solids, phosphorous, nitrogen, pH or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the wastewater treatment facility receiving the pollutants, if such works were designed to treat such additional pollutants.

CONNECTION. Each physical connection to the collection system or private sewer system which connects to the municipal collection system.

DEBT RETIREMENT. All annual principal and interest requirements and obligations of the Approving Authority for the wastewater treatment facilities.

DISCHARGE MONITORING STATION. A sampling and metering station required to be installed through a discharge monitoring agreement signed by an industrial user with the Village in order to obtain information on a user's discharge to the system and to establish sewer user and debt charges.

DOMESTIC WASTEWATER. (Am. #09-03) Waterborne wastes normally being discharged from the sanitary conveniences of dwellings, apartment houses, hotels, office buildings, factories and institutions, free of industrial wastes and in which the average concentration of suspended solids is established at or below 250 mg/L and the BOD is established at or below 250 mg/L, the TKN is established at or below 40 mg/L and the phosphorous total is established at or below 7 mg/L.

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.

FLOW PROPORTIONAL COMPOSITE SAMPLE. A sample consisting of portions of waste taken in proportion to the volume of flow of such wastes.

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

GRANTEE. The Village of Palmyra.

GROUND GARBAGE. Garbage that has been shredded to such a degree that all particles will be carried freely in suspension in the municipal sewers under normal flow conditions. One hundred percent of the particles shall pass through a one-half-inch screen and 90 percent of the particles shall pass through a one-quarter-inch screen.

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

INDIRECT DISCHARGE OR DISCHARGE. The introduction of pollutants into the wastewater treatment facility from any nondomestic source regulated under §307(b), (c) or (d) of the [Clean Water] Act.

INDUSTRIAL USER (CLASS III). Any nonresidential user identified in Division A, B, D, E or I of the Standard Industrial Classification Manual. Class III also shall include any user that discharges wastewater containing toxic or poisonous substances as defined in §307 or §502 of the Clean Water Act, or any substance causing interference in the wastewater facilities. Class III shall include any nonresidential user who:

(a) Is subject to National Categorical Pretreatment Standards.

(b) Has a nondomestic flow of 25,000 gallons or more per average day.

(c) Contributes more than 5 percent of the average dry weather capacity of the wastewater facility.

(d) Is determined by the Approving Authority or Superintendent to have the potential to adversely affect the wastewater facility.

INDUSTRIAL WASTE. Any waterborne solids, liquids or gaseous wastes other than domestic wastewater, resulting from discharging from, flowing from or escaping from any commercial, industrial, manufacturing or food processing operation or process or from the development of any natural resource or any mixture of these with water or domestic wastewater.

INTERCEPTING SEWER. A sewer constructed to receive the dry weather flow of untreated or inadequately treated sewage from one or more existing sanitary sewer system terminals other than from a dwelling or building that presently discharges or formerly discharged flow directly into any waters of the State and convey the flow to a wastewater treatment facility or is to serve in lieu of an existing or proposed wastewater treatment facility.

INTERFERENCE. Inhibition or disruption of any sewer system, wastewater treatment process, sludge disposal system, or their operation, which substantially contributes to a violation of applicable discharge permits.

MUNICIPALITY. The Village of Palmyra.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

NORMAL SEWAGE. (Am. #09-03) Sanitary sewage in which BOD and total suspended solids concentrations do not exceed normal concentrations of:

(a) A 5-day 20°C BOD of not more than 250 parts per million.

(b) A total suspended solids concentration of not more than 250 parts per million.

(c) A TKN concentration of not more than 40 parts per million.

(d) A total phosphorus concentration of not more than 7 parts per million.

OPERATION AND MAINTENANCE COST. The actual sums spent by the Village in the operation and maintenance of its sewerage system consisting of, but not limited to, each and all of the following purposes:

(a) Wages, salaries and employee related expenses of operating, maintenance, clerical, laboratory and supervisory personnel, together with fringe benefits and premiums paid on such wages and salaries for State workmen's compensation coverage.

(b) Electrical power and other utility services.

(c) Chemicals, fuel and other operating supplies.

(d) Repairs to and maintenance of associated equipment.

(e) Premiums for hazard insurance.

(f) Premiums for insurance providing coverage against liability for the injury to persons and/or property.

(g) Rents and leasing costs.

(h) Operation, licensing and maintenance costs for trucks and heavy equipment.

(i) Consultant and legal fees.

(j) Training and educational expenses.

PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, governmental agency or other entity and agents, servants or employees.

pH. The logarithm (base 10) of the reciprocal of the hydrogen concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in the "Standard Methods".

PHOSPHORUS (total). (Cr. #09-03) Total phosphorus included the sum of the soluble and particulate phosphorus components found in wastewater and is divided into three component parts: soluble reactive phosphorus, soluble unreactive or soluble organic phosphorus, and particulate phosphorus, as determined by USEPA Method 365, or comparable method.

PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater before discharge into the Village wastewater facilities.

PRIVATE SEWER. A privately owned sewer serving 2 or more buildings and not directly controlled by a public authority.

PUBLIC SEWER. A sewer in a public right-of-way or easement abutting properties which is controlled or owned by the public authority.

REPLACEMENT FUND. Expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

RESERVE CAPACITY ASSESSMENT (RCA). A charge levied on all new users of the sewerage system for reserve capacity costs of the sewerage system. The charge shall be based on the assigned resident equivalent connection as established under §13.61 and multiplied by the rate established by the Village.

RESIDENTIAL EQUIVALENCY CHARGE. A charge levied on nonmetered users for debt retirement, capital improvements, operation, maintenance and replacement costs. The charge shall be based on the average gallons of water used by a residential customer as determined by the Water Utility and multiplied by the cost per 1000 gallons for operation and maintenance costs, debt and replacement fund.

RESIDENTIAL EQUIVALENT CONNECTION (REC). The wastewater flow and loadings to the system equivalent to that contributed by an average residential family equivalent. An average residential family equivalent shall be calculated yearly by the Village based upon the residential water used divided by the total number of residential customers.

RESIDENTIAL USER (CLASS I). All premises used only for human residency and that are connected to the wastewater facilities.

SANITARY SEWER. A sewer that conveys domestic wastewater or industrial waste or a combination of both, and into which storm, surface and ground waters or unpolluted industrial wastewater are not intentionally contributed.

SEPTAGE. Scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank, vault toilet or privy. This does not include the waste from a grease trap.

SERVICE CHARGE. A charge levied on users annually for each lateral connected to the public sanitary sewer, also may be referred to as an infiltration/inflow charge. The revenues generated by the service charge shall be used to cover expenditures relating to customer costs and costs relating to infiltration/inflow.

SEWERAGE SYSTEM. All facilities for collecting, transporting, pumping, treating and disposing of domestic wastewater, industrial wastes and septage. Also may be referred to as sewer system.

SHALL is mandatory; MAY is permissible.

SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period longer than 15 minutes more than 5 times the average 24-hour concentration or flows during normal operation and which adversely affects the collection system and/or performance of the wastewater treatment facilities.

STANDARD METHODS. The examination and analytical procedures set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association and the Water Pollution Control Federation.

STORM SEWER. A sewer which carries storm and surface drainage but excludes domestic wastewater and industrial wastes.

SUPERINTENDENT. The Superintendent of the wastewater treatment and conveyance facilities who shall be in charge of and supervise the operations and functions of the wastewater treatment and conveyance facilities.

SURCHARGE USER. A user of the sewerage system who discharges wastes which have higher concentrations than domestic wastewater and is assessed an additional charge (surcharge) for the constituents higher in concentration than domestic wastewater.

TOTAL KJELDAHL NITROGEN (TKN). (Cr. #09-03) Total Kjeldahl Nitrogen includes the sum of the organic and ammonia nitrogen as determined by USEPA Method 351, or comparable method. Organic nitrogen consists of nitrogen present in organic compounds. Ammonia nitrogen consists of the nitrogen present as ammonium hydroxide and ammonia salts, usually occurring in wastewater as ammonia or the ammonium ion.

TOTAL SUSPENDED SOLIDS. Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by a laboratory filtration device. Quantitative determination of total suspended solids shall be made in accordance with procedures set forth in "Standard Methods". Also referred to as Suspended Solids.

TOXICS. Any of the pollutants designated by federal regulations pursuant to §307(a)(1) of the [Clean Water] Act.

UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharging to the sanitary sewers and wastewater treatment facilities provided.

USER. Any person discharging domestic wastewater or industrial wastes into the collection system or entity discharging septage or other waste hauled or trucked to the sewerage system.

USE FACTORS. Flow, BOD, total suspended solids, and infiltration/inflow or the quantity of these factors as determined by the Village by sampling and monitoring the wastewater treatment facility influent and surcharge users and from the Water Utility records.

USER CHARGE. A charge levied on users for debt retirement, operation and maintenance costs and replacement fund. The charge shall be based on the total gallons of water used as determined by the Water Utility or sewage flowmeter and multiplied by the cost per 1000 gallons for operation and maintenance costs, debt and replacement fund.

VILLAGE. The Village of Palmyra.

WASTE. Any solids, liquid or gaseous material or combination thereof, discharged from any residences, business buildings, institutions, industrial establishments and septage haulers into the collection system, storm sewer or septage receiving station.

WASTEWATER. A combination of the water-carried waste discharged into the collection system from residences, business buildings, institutions and industrial establishments, together with such ground surface and storm water as may be present.

WASTEWATER PUMPING STATION. A pumping facility utilized to pump wastewater within the collection system.

WASTEWATER TREATMENT FACILITIES. Any Village owned facility, devices and structures used for receiving and treating wastewater from the Village collection system.

WATER UTILITY. The Palmyra Water Utility.

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

WPDES PERMIT. A permit to discharge pollutants obtained under the Wisconsin Pollutant Discharge Elimination System (WPDES) under Ch. 147, Wis. Stats.

13.44 RULES AND REGULATIONS.

(1) DECLARATION OF POLICY. The Village Board finds and declares that the public health, comfort and safety is preserved and enhanced by the provision of the sewerage system in the promotion of a clean and healthful environment and that the failure to connect to the sewerage system is contrary to minimum health standards.

(2) CONNECTION.

(a) To assure preservation of public health, comfort and safety, the owner of any house, building, or property used for human occupancy, employment, recreation, or other habitation, situated within the Village and adjacent to a public sewer or in a block through which a public sewer extends, is hereby required at his expense to install suitable toilet facilities therein and connect such facilities directly with the proper public sewer in accordance with the provisions of this subchapter, within 12 months after the public sewer first becomes operational or, if an immediate health hazard exists, within 10 days upon receipt of notice from the County Health Officer or Village Building Inspector.

(b) If a person fails to comply with such notice to connect within the given period, the Village may, at its option:

1. Cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, they shall be assessed as a special tax lien against the property, unless the owner within 30 days after the completion of the work, files a sworn affidavit with the Village Clerk stating he cannot pay such amount in one sum and asking that it be levied in not to exceed 5 equal annual installments, and the amount shall be so collected with interest at a rate which is sufficient to recover the Village's costs of borrowed funds or interest lost plus one percentage point per annum from the completion of the work, the unpaid balance to be a special tax lien; and

2. Impose a standby charge for the period of time in excess of 12 months that such failure continues after the date the public sewer first becomes operational, after 10 days written notice to any owner failing to make a connection to the sewerage system for an amount equal to 150 percent of the annual service charge, payable monthly for the period in which the failure to connect continues. Upon failure to make such payment, the charge shall be levied as a tax against the lot or parcel to which sewerage service was furnished.

(3) ALTERNATIVE DISPOSAL PROHIBITED.

(a) No person shall construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended to be used for disposal of domestic wastewater, if a public sewer is available.

(b) No person shall discharge to any natural outlet within the Village in any area under the jurisdiction of the Village, sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this subchapter.

(4) PLUMBERS. No plumber or other person shall be permitted to engage in or work at any plumbing in connection with the sewerage system who has not first received a license from the State Bureau of Plumbing.

(5) MAINTENANCE OF SERVICES. All sewer services within the limits of the Village at the point of connection to the street main and all street mains shall be maintained and repaired by the Village without expense to the property owner, except when they are damaged as a result of negligence on the part of the property owner or occupant, in which case they will be repaired at the expense of the property owner. All building sewers and laterals located in the public right of way or easement from the point of connection to the sewer main and all facilities throughout the premises served shall be maintained free of defective conditions by and at the expense of the owner or occupant of the property served.

(6) USERS.

(a) Application for Service.

1. Every person requesting connection to the sewerage system shall file an application in writing to the Village in such form as is prescribed for that purpose. Blanks for such applications will be furnished at the office of the Village Clerk. The application shall state fully and truly all the use which will be presently made. If any change in use from that set forth in this application is contemplated, the user shall obtain further application and permission from the Approving Authority. If the applicant is not the owner of the premises, the written consent of the owner shall accompany the application.

2. The application may be for service to more than one building or unit of service through one service connection. In such case, charges shall be made accordingly.

3. If it appears the service applied for will not provide adequate service for the contemplated use, the Approving Authority may reject the application. If the Approving Authority approves the application, it shall authorize the Village Clerk to issue a permit for services as shown on the application.

4. All expenses relating to the connection to the sewerage system shall be paid by the applicant or owner at the time of permit issuance.

(b) Tap Permits. After sewer connections have been installed into any building or upon any premises, no plumber shall make any alterations, extensions or attachments unless the party ordering such tapping or other work shall obtain and exhibit the proper permit for the same from the Village.

(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 prevent any unnecessary over-burdening of the sewerage system. The user is responsible for the service pipe from the street main through the facility served.

(d) User Use Only. No user shall allow other persons to connect to or permit other uses to be made of the sewerage system through his lateral.

(e) User to Permit Inspection. Every user shall permit the Village or its authorized agent, at all reasonable hours of the day, to enter the premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate; and he shall at all times, frankly and without concealment, answer all questions put to him relative to its use. Should the owner or occupant of the premises refuse voluntary access to the premises, the Village is authorized to seek a special inspection warrant under §66.122, Wis. Stats.

(f) Responsibility. No claim shall be made against the Village, its agents or employees, by reason of the breaking, clogging, stoppage or freezing of any service pipe nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary by the Village, absent gross negligence by the Village, its agents or employees. The Village may cut off the service at any time for the purpose of repairs or any other necessary purpose, any permit granted or regulation to the contrary notwithstanding. Whenever it becomes necessary to shut off the sewer service within an area of the Village, the Village shall, if practicable, give notice to each affected user.

(7) EXCAVATIONS. Excavation requirements in any easement or public right-of-way shall be as specified and required by the authority having jurisdiction over such easement or right-of-way. In all cases, a permit is required and construction methods shall conform to the following:

(a) Materials and Method 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 all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. 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.

(8) LATERALS.

(a) All laterals on private property will be installed in accordance with the Wisconsin Administrative Code as from time to time amended.

(b) The building sewer shall be inspected by the Plumbing Inspector or his designee upon completion of placement of the pipe and before backfilling and tested before and after backfilling. The Plumbing Inspector or his designee may order any building sewer exposed and removed if such building sewer is covered before inspection.

(9) TAPPING THE MAINS.

(a) No persons, except those having special permission from the Village or persons in their service and approved by them, shall be permitted under any circumstances to tap the public sanitary sewers. The kind and size of the connection to the public sanitary sewers shall be that specified in the permit or order from the Village. A minimum of 48 hours notice shall be given to the Village prior to tapping any main.

(b) Pipes shall always be tapped at the top and not within 6 inches of the joint or 24 inches of another lateral connection.

(c) When any building sewer service is to be relaid and there are 2 or more buildings on such service, each building shall be disconnected from such service and a new building sewer installed for each building.

(10) SEPTAGE DISPOSAL.

(a) All septage disposers shall be licensed disposers in accordance with §146.20(3), Wis. Stats.

(b) All septage disposers wishing to discharge to the Village wastewater treatment facility (WTF) shall possess a septage disposers discharge permit prior to disposing of any wastes at the WTF.

1. Every licensed disposer wishing to discharge septage shall file a nonrefundable filing fee and an application in writing to the Village in such a form as is prescribed for that purpose. Forms for such application will be furnished at the office of the Village Clerk. The Approving Authority will evaluate the applications and make a determination as to the amount and conditions of septage disposal at the WTF.

2. Every sewage disposer shall file a certificate of insurance with the Village prior to the Village issuing a discharge permit. The insurable amount shall be equal to $300,000 for general liability, $300,000 for automobile liability and the statutory limit for worker's compensation.

(c) Each truck of a permitted septage disposer discharging to the WTF shall be registered with the Village. Registered trucks will be issued identification stickers and numbers which shall be clearly displayed on the rear end and both sides of the truck. No unregistered truck or registered truck without identification stickers and numbers will be allowed to discharge until properly registered.

(d) Each septage disposal permit shall be issued subject to the conditions that any time the WTF had operational problems, maintenance problems or threat of a WPDES permit violation that are indirectly or directly related to septage disposal, the Village may immediately restrict septage waste disposal until such time as corrective action or mitigative measures have been taken.

(e) The WTF will accept only hauled septage waste from domestic origin and permitted industrial or commercial septage waste. Septage disposers shall characterize the septage they haul to the WTF. Hauled industrial or commercial septage will not be accepted unless the industry or commercial establishment has received a wastewater discharge permit, as specified under §13.54 of this chapter or has received permission from the Village. Any new industrial or commercial septage shall be reported to the Village by the septage disposer.

(f) The designated septage receiving station is located at the WTF. All septage shall be discharged at the WTF unless approval is obtained from the Approving Authority for discharge of septage to other locations in the sewer system.

(g) Specific hours of discharge and conditions shall be set by the Village. No special exceptions to the septage stations hours of operation will be allowed.

(h) Septage disposers shall complete and submit written documentation of the discharge to the Approving Authority prior to discharge to the septage receiving station. If septage discharge is allowed at other locations in the sewer system, written documentation shall be submitted to the Approving Authority within one working day of the discharge to the sewer system. Forms for documentation of the discharge will be furnished at the WTF.

(i) Each driver and pumper working for a permitted septage disposer shall be familiar with all rules and regulations of the WTF.

(j) All septage disposers shall clean up all spills or deposits resulting from their activity at the WTF. Additional expenses shall be charged to the septage disposer for clean up of any spills, deposits or damage occurring as the result of the disposer's activity at the WTF.

(k) Each truck load will be considered maximum capacity for the purpose of calculating disposal charges. The maximum capacity will be based on the capacity of the registered truck.

(l) Charges for disposal of hauled septage will be set on an annual basis, in accordance with §13.45(6) of this chapter, by the Water and Sewer Committee and approved by the Village Board.

(m) The septage disposers discharge permit fee and truck registration fee shall be set on an annual basis by the Water and Sewer Committee and approved by the Village Board.

(n) Failure to fulfill any of the above requirements by any septage disposer may result in the suspension or revocation of their septage discharge permit.

13.45 SEWER SERVICE CHARGES.

(1) BASIS FOR SEWER SERVICE CHARGES. The sewer service charge shall be based on the sewer use charge. If any user of the sewer system procures any part or all of his water from sources other than the water utility, the user shall furnish, install and maintain at his expense, water meters of a type approved by the water utility for the purpose of determining the volume of sewage discharged to the sewer system as described in §13.52. At the discretion of the Village a user procuring water from sources other than the water utility may be assigned a residential equivalent connection (REC) to be used as a basis for the sewer use charge as determined from §13.61. If in the opinion of the Approving Authority, the information in §13.61 does not accurately reflect the user's wastewater discharge to the sewerage system, the Approving Authority may assign a REC to the user.

(2) SEWER USER CHARGE.

(a) A sewer use charge is hereby imposed upon all users of the sewer system. The sewer user charge shall have a component for recovering the operation, maintenance and replacement cost and a portion or all of the debt cost of the sewerage system. On or before the first Village Board meeting in October of every year, the Approving Authority shall compute the sewer use charge. The operation, maintenance and replacement portions of the sewer use charge shall be computed by allocating the proposed net yearly operation, maintenance and replacement budget to the appropriate use factors. The cost per use factor shall be divided by the Village in conjunction with the use factor to determine the unit cost ($/1000 gallons, $/#) per use factor. The flow use factor will be determined by the Village in conjunction with the water utility and where applicable, contract community metering data. The BOD and total suspended solids use factors will be determined from the concentration assigned to domestic wastewater plus surcharge user data. These use factors and the infiltration/inflow use factor will be determined by the Approving Authority considering actual data for the previous 12 month period from the wastewater treatment facility and surcharge user data.

(b) If a user feels that a significant amount of metered water does not reach the sanitary sewer, he can at his own expense, through the Approving Authority, install a second meter to monitor this flow. Charges for sewer use could be made based on the difference between the two meter readings.

(c) Users with domestic wastewater connected to the sewer system who derive all or part of their water discharged to the sewer system from other sources than the water utility and who do not have these other water sources metered will be charged for operation, maintenance and replacement costs based upon their assigned number of residential equivalent connections. The flow per residential equivalent connection will be computed by the water utility or the Approving Authority on or before the first Village Board meeting in October of every year and shall equal the water used by residential customer minus sprinkling credits divided by the number of residential water customers.

(3) ANNUAL SERVICE CHARGE.

(a) An annual service charge is hereby imposed upon each user connected to the collection system including nondomestic and industrial waste dischargers. The service charge recovers the portion of the flow use factor costs associated with infiltration/inflow for the operation, maintenance, replacement and capital costs. The annual service charge also recovers costs associated with customer costs. The annual service charge shall be payable as herein provided and shall be computed on the basis of one unit for connection to the system.

(b) On or before the first Village Board meeting in October of every year the Approving Authority shall compute the number of connections to the sewerage system. At the same time the Approving Authority shall compute the average percentage of infiltration/inflow (I/I) to the system for the previous 12 months. The cost assigned to the flow use factor for the operation, maintenance and replacement budget and cost assigned to the flow use factor for the WTF debt shall be multiplied by the percentage of system I/I. The connection charge for the I/I related operation, maintenance, debt retirement and replacement cost will be computed by dividing the appropriate I/I costs by the total number of connections.

(4) INDUSTRIAL AND COMMERCIAL CHARGES FOR OTHER THAN DOMESTIC WASTEWATER.

(a) Charges for wastewater other than domestic wastewater shall be based on flow, BOD, suspended solids and such other constituents which affect the cost of the collection and treatment. All persons discharging wastes into the sewerage system are subject to a surcharge, in addition to any other wastewater service charge, if their wastewater has a concentration greater than domestic wastewater concentrations. The volume of flow used for computing waste surcharges shall be the metered water consumption or the actual volume of waste as determined by a sampling and metering manhole or a discharge monitoring station. The amount of surcharge shall reflect the cost incurred by the Village in removing BOD, suspended solids and other pertinent constituents. The surcharge shall be computed on the basis of Model No. 2 contained on page 5270 of the Federal Register, Volume 39, No. 29, February 11, 1974.

Surcharge = [Bc (B) + Sc (S) + Pc (P) + Nc (N)] Vu

Bc = O&M costs for treatment of a unit of biochemical oxygen demand (BOD)

B = Concentration of BOD from a user above the base level

Vu = Volume contribution from a user per unit of time

Sc, S, Pc, P, Nc, N = Same definition as above for the parameters suspended solids, phosphorus and nitrogen.

(5) READY-TO-SERVE CHARGE. The owner of each premise to which sewer service has been made available by the Village but not connected to the sewerage system for sewer service shall pay for the availability thereof a ready-to-serve charge provided by §13.45(3). Any ready-to-serve charge becoming effective during any year shall be charged on a pro rata basis for that year in which such charge becomes effective. This charge shall begin from date of notice by the Village that the facility is ready to use. By §13.44(2)(a) of this subchapter, connection shall be made to the public sewer within 12 months.

(6) SEPTAGE CHARGE.

(a) Charges for septage discharges shall be based on flow, BOD, suspended solids and other constituents which affect the cost of the collection and treatment. The volume of flow used for computing the septage charge shall be the volume of septage discharged. All persons discharging septage which has concentrations greater than domestic wastewater are subject to a surcharge. The amount of surcharge shall reflect the cost incurred by the Village on removing BOD, suspended solids and other pertinent constituents. The surcharge shall be computed in the manner described in §13.45(4). The following waste strength parameters shall serve as the basis for computing the surcharge to be applied unless the septage discharge is sampled and analyzed:

Residential Septic Tank	Residential Holding Tank
BOD 5,000 mg/l	350 mg/l
TSS 11,000 mg/l	500 mg/l

(b) All costs associated with administering the discharge of septage to the WTF, sample collection, laboratory analysis, and billing shall be paid for by the septage hauler.

(c) On or before the first Village Board meeting in October of every year, the Approving Authority shall in conjunction with determining sewer service charges, determine the septage charge and related fees.

(7) RESERVE CAPACITY CHARGE.

(a) A reserve capacity charge will be collected by the Village for all new connections to the sewerage system. This charge shall be collected prior to receiving a building permit or plumbing permit. A reserve capacity charge will not be collected from existing users of the sewer system who had previously shared a common service lateral.

(b) The reserve capacity charge shall recover reserve capacity costs of the sewerage system and the loss of interest thereon. The amount of the charge shall equal the assigned residential equivalent connection as defined in 13.61 multiplied by the rate established by the Village.

(c) The Village shall review the appropriateness of the reserve capacity charge every year. The Village may terminate or limit any future increases to the reserve capacity charge at its discretion.

(8) SPECIAL RATES. It is understood that the Approving Authority may at any time set special rates for any large commercial service, industrial use, extraterritorial areas, contract users or any unique user that does not readily fit into other categories of users. The operation, maintenance, and replacement components of such special rates shall be proportionate to the rates paid by other users and shall be in compliance with the requirements of NR 162.22, Wis. Adm. Code.

(9) EXTRATERRITORIAL SERVICES.

(a) Municipal sanitary sewer service may be provided to extraterritorial locations on request. Such service may require municipal ownership of the interceptor and collection system (excluding laterals) and shall require compliance with Village policy pertaining to annexation.

(b) Except where negotiated and approved by the Village Board, the Village shall not be held financially responsible for planning, design or construction costs of the extraterritorial sewer system.

(c) Extraterritorial sewer recipients are subject to the terms and conditions of this subchapter. Extraterritorial rates shall, in the absence of any other arrangement, be based on the same methodology for determining Village sewer rates and shall be in compliance with the requirements of NR 162.22, Wis. Adm. Code. The method of determining the flow from an extraterritorial customer shall be established as part of the service agreement. The capital related portion of such rates may be subjected to a 25 percent surcharge to recover the capital costs Village taxpayers have invested in the sewerage system.

(10) [ABNORMAL AMOUNT OF WATER USED.] In the event an abnormal amount of water is used by any customer in any billing period, either through leakage, accident or inaccurate metering, and the Supervisor of Public Works is satisfied that the abnormal flow or reading was caused through no fault of the customer, the Supervisor of Public Works may adjust the amount of flow charged for that billing period to an amount commensurate with the amount of flow the affected premises should have generated with normal usage. (Cr. #94-2)

(11) RESERVED. (Rpld. #03-2)

(12) SEWER USERS SERVED BY WATER AND SEWER UTILITY WATER METERS. (Cr. #3-15-93) 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 and Sewer Utility, a sewer service charge based, in part, on the quantity of water used, as measured by the Water and Sewer utility water meter used upon the premises.

(13) SEWER USERS SERVED BY PRIVATE WELLS. (Cr. #3-15-93) If any person discharging sewage into the public sanitary sewer system procures any part or all of his water from sources other than the Water and Sewer Utility, all or part of which is discharged into the public sanitary sewer system, the person shall have water meters installed by the Water and Sewer Utility at his expense for the purpose of determining the volume of water obtained from these sources. Where sewer meters are already installed, water meters will not be required. The water meters shall be furnished by the Water and Sewer Utility and installed unders [under] its supervision, all costs being at the expense of the person requiring the meter.

(14) SEWER USERS SERVED BY PRIVATE WELLS; METER RENTAL CHARGE. (Cr. #3-15-93) The Water and Sewer Utility will charge for each meter a rental charge set by the Water and Sewer Utility to compensate for the cost of furnishing and servicing the meter. The rental charge shall be billed at the time the sewer service charge is billed.

(15) DEDUCT METERS. (Cr. #3-15-93)

(a) If a user feels that a significant amount of metered water does not reach the sanitary sewer, he can at his own expense, through the Approving Authority, install a second water meter that would monitor this flow. Charges for sewer use would be made based on the difference between the two meter readings.

(b) Instead of using a deduct meter, the user may elect to install an additional metered water service that would meter the water discharged to the sanitary sewer. Charges would be based on the actual water metered by the additional metered water service.

(c) Requests for a second meter or metered service must be made in writing to the Approving Authority.

13.46 ANNUAL BUDGET AND METHOD OF PAYMENT OF CHARGES.

(1) BUDGET. Annually before the first Village Board meeting in October the Approving Authority shall prepare a budget for the following fiscal year which shall be separated into sections, the first for operation, maintenance, and replacement; and the second for debt service and capital. The budget shall then be further divided into infiltration and inflow related costs and use related costs.

(2) COSTS TO INCLUDE. Expenditures for the operation, maintenance and replacement budget shall include all costs defined in §13.43 under OPERATION AND MAINTENANCE COST and REPLACEMENT FUND, plus any projected year-end deficit.

(3) EXPENDITURES. Expenditures for the debt service budget shall include principal, interest, premiums, paying agency fees and other expenses related to debt.

(4) REVENUES. Revenues for the operation and maintenance budget shall include any projected year-end balance (excluding replacement funds), operating fund investment income, contract revenues, permit fees, special rates and sewer user charges.

(5) BALANCES. Revenues for the debt service budget may include any projected year-end balances in the special assessments funds, projected residential equivalency charges, connection charges, sinking fund interest income and property taxes.

(6) PROJECTIONS. The operation, maintenance and replacement budget shall balance with the sewer user charges so that projected revenues equal projected expenditures.

(7) EXCESS REVENUES. Any excess revenues collected from a user class for operation maintenance and replacement charges will be attributable to that class for future charges within 2 years.

(8) SEWER SERVICE CHARGES. Sewer service charges may be billed quarterly and shall be payable at the Village Clerk's office or at any other officially designated location. Statements for such charges and assessments levied and assessed in accordance with this subchapter shall become due and payable within 20 days from and after the date of the statement. If any such statements are not paid within 20 days of issuance, a charge of 3 percent will be added to the current billing charge. This charge is applicable to all customers.

(9) BILLING. The property owner is held responsible for all sewer bills on premises that he owns. All sewer bills and notices of any nature relative to the sewer service, will be addressed to the owner or occupant, or both, and be delivered to the addressee by bulk mail.

(10) FAILURE TO RECEIVE BILL NO PENALTY EXEMPTION. Every reasonable care will be exercised in the proper delivery of sewer bills. Failure to receive a sewer bill, however, shall not relieve any person of the responsibility for payment of sewer rates within the prescribed period nor exempt any person from any penalty imposed for delinquency in the payment thereof.

(11) DELINQUENT ACCOUNTS. Pursuant to the authority granted under §§66.60(16) (a) and 66.069(1), Wis. Stats., the following procedure shall apply to the collection of delinquent accounts for sewer service.

(a) Notice of Payment Due. On October 15 of each year notice shall be given to the owner or occupant of all lots or parcels of real estate within the Village to which sewer service has been furnished prior to October 1, by the sewerage system utility and payment for which is owing and in arrears at the time of giving such notice. The Approving Authority shall furnish the Clerk with a list of all such lots or parcels of real estate and a notice shall be given by the Clerk. Such notice shall be in writing and state the amount of such arrears, including any penalty assessed under the rules of the sewerage system utility, that unless the same is paid by November 1, a penalty of 10 percent of the amount of such arrears will be added; unless such arrears, with any added penalty, shall be paid by November 15 thereafter, the same will be levied as a tax against the lot or parcel of real estate to which sewer service was furnished and for which payment is delinquent. Such notice may be served by delivery to either the owner or occupant personally or by letter addressed to the owner or occupant at the post office address of such lot or parcel of real estate.

(b) Failure to Pay. On November 16 the Clerk shall certify and file a list of all lots or parcels of real estate, giving the legal description thereof, to the owners or occupants of which notice of arrears and payment were given as above specified and which arrears still remain unpaid, and stating the amount of such arrears together with the added penalty thereon as herein provided. Each delinquent amount, including such penalty shall thereupon become a lien upon the lot or parcel of real estate to which the sewer service was furnished and payment for which is delinquent, and the Clerk shall insert the same as a tax against such lot or parcel of real estate. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to such tax if the same is not paid within the time required by law for payment of taxes upon real estate.

(c) Request for Hearing. The owner or occupant may within 10 days of the date such notice is sent, request a hearing in any charge disputed. Such a request for hearing shall be in writing, filed with the Village Clerk. No such charge shall be placed upon the tax roll if a properly filed request for hearing is pending. All hearings shall be held by the Village Water and Sewer Committee within 30 days.

13.47 ACCOUNTS AND FUNDS.

(1) The operation and maintenance fund shall contain all revenues transferred from connection charges and sewer user charges. This fund shall be used for payment of any items defined in §13.43 under OPERATION AND MAINTENANCE COST.

(2) The debt service fund shall contain all revenues transferred from special assessments debt, connection charges, property taxes, reserve capacity charges, debt portion of the sewer user charge and other sources intended for debt. This fund shall be used only for the payment of principal and interest, capital expenditures and fees directly related to debt payment.

(3) The replacement fund shall be a segregated account established in accordance with NR 128.13, Wis. Adm. Code. This fund shall contain all revenue transferred from the appropriate portion of connection charges and sewer user charges. This fund shall be used for the replacement of designated sewerage system equipment.

13.48 PROHIBITED DISCHARGES.

(1) No person 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, except stormwater runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewer by permission of the Approving Authority. Stormwater other than that exempted above and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Approving Authority. Unpolluted industrial cooling water or process water may be discharged upon approval of the Approving Authority to a storm sewer or natural outlet.

(2) No person shall discharge or cause to be discharged to the collection system either directly or indirectly any of the following described wastes or wastewater:

(a) Any liquid having a temperature higher than 150° F (65° C).

(b) Any wax, grease or oil, plastic or any other substance that will solidify or become discernibly viscous at temperatures between 32° to 150° F (0° to 65° C).

(c) Any pollutants which result in the presence of toxic gases, vapors, or fumes within the WTF or sewerage system in a quantity that may cause acute worker health and safety problems.

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

(e) Any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely in suspension in the municipal sewers. (100 percent passing 1/2 inch screen, 90 percent passing 1/4 inch screen).

(f) Any noxious or malodorous substance, which either singly or by interaction with other substances is capable of causing odors objectionable to persons of ordinary sensitivity.

(g) Any wastes or wastewater having a pH lower than 6.0 or higher than 9.0 or having any corrosive property capable of causing damage or hazards to the sewerage system. (Am. #98-1)

(h) Any wastes or wastewater of such character and quantity that unusual attention or expense is required to handle them in the sewer system.

(i) Any wastewater or wastes containing a toxic or poisonous substance such as plating or heat treating wastes in sufficient quantity to injure or interfere with wastewater treatment process, to constitute a hazard to humans or animals, to create any hazard in the sewerage system or which would cause the Village wastewater treatment facilities to discharge any of the following pollutants in quantities in excess of the limitations established in the Wisconsin Administrative Code or WPDES Permit: cyanide, hexavalent chromium, trivalent chromium, copper, nickel, cadmium, zinc, phenols, iron and tin.

(j) Any radioactive wastes greater than allowable releases as specified by the current United States Bureau of Standards Handbooks dealing with the handling and release of radioactivity.

(k) Free or emulsified oil and grease exceeding on analysis an average of 100 mg/l of either or both of combinations of free or emulsified oil and grease.

(l) Any cyanide or cyanogens compounds capable of liberating hydrocyanic gas or acidification in excess of one-half (0.5) mg/l by weight as cyanide in the wastes.

(m) Wastes or wastewater which:

1. Cause unusual concentrations of solids or composition; as for example, in total suspended solids of inert nature (such as Fuller's Earth) and/or in total dissolved solids (such as sodium chloride, or sodium sulfate).

2. Cause excessive discoloration in the wastewater treatment facilities discharge.

3. Has a total BOD, suspended solids, TKN or phosphorus (total) loading in excess of the wastewater discharge permit described in §13.54. (Am. #09-04)

4. Is discharged without application for a wastewater discharge permit or contractual agreement as required under §13.54.

5. Cause damage to the collection system or impair the treatment process.

(n) Any pollutants which create a fire or explosive hazard in the WTF or sewerage system, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F or 60° C using the test methods specified in 40 CFR 261.21.

(o) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(3) No person shall allow the discharge of slugs of water or wastes to the collection system which may be harmful to the operation of the sewerage system. Where, in the opinion of the Approving Authority, slugging does occur, each person producing such a discharge into the collection system shall construct and maintain at his own expense, a storage reservoir of sufficient capacity with flow control equipment to insure an equalized discharge over a 24-hour period.

(4) No person shall discharge any waste or wastewater which would cause the wastewater treatment facilities to be in violation of any of the requirements of their WPDES permit.

(5) No person shall connect to and discharge to the collection system, unless there is capacity available in all downstream components of the sewerage system as determined by the Approving Authority.

13.49 ACCIDENTAL DISCHARGES.

Any person who accidentally discharges wastes or wastewater prohibited under §13.48 into a sanitary sewer shall immediately report such discharge to the Approving Authority.

13.50 PRETREATMENT FACILITIES.

(1) The Village may require pretreatment facilities of any person discharging or planning to discharge industrial waste, if the waste or wastewater:

(a) Could cause damage to the collection system.

(b) Impair the treatment process.

(c) Cause the Village to incur treatment costs exceeding those of domestic wastewater.

(d) Have any of the characteristics of the prohibited discharges described in §13.48 of this subchapter.

(e) Cause the wastewater treatment facilities to exceed its total design loading for volume, BOD, suspended solids or any other pollutant.

(f) Cause a particular industry to exceed its design allocation for volume, BOD, suspended solids or any other pollutant.

(2) Construction, operation and maintenance of pretreatment facilities shall be at the expense of the person discharging the industrial waste.

(3) Plans, specifications and other pertinent information relating to proposed pretreatment facilities shall be submitted for review by the Village prior to start of construction.

(4) In accordance with NR 114, Wis. Adm. Code, all pretreatment facilities shall be operated by qualified personnel holding certificate of the proper class issued by the Wisconsin Department of Natural Resources.

13.51 SAND AND GREASE TRAP INSTALLATIONS.

Grease, oil and sand interceptors shall be provided at restaurants, repair garages, gasoline stations, car washes and other industrial or commercial establishments for the proper handling of liquid wastes containing grease in excessive amounts, oil, flammable wastes, sand and other harmful ingredients. All interceptors shall be constructed in accordance with the Wisconsin Plumbing Code and shall be located as to be readily and easily accessible for easy cleaning and inspection. All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuous, efficient operation at all times.

13.52 WASTEWATER MEASUREMENT AND SAMPLING.

Wastewater flows to users who do not obtain water from the water utility shall be assigned a residential equivalent connection as determined from §13.61 unless:

(1) The Village requires the installation of a meter to measure the water amount.

(2) Any lot, parcel of land, building or premises discharging domestic wastewater or industrial waste into the collection system, the owner or occupant of such property shall cause to be installed necessary metering equipment as approved by the Approving Authority to measure the quantity of water pumped or discharged to the collection system. The user charge shall be based on the quantity of water so measured. Whenever the person fails to install such metering equipment, or where it is not practicable to measure the water consumed on any premises by a meter or meters, the Approving Authority shall determine the estimated volume of water discharged into the sewer system.

(3) The Approving Authority may require the installation of devices for metering the volume of waste discharged if those volumes cannot otherwise be determined or if the user discharges over 5,000 gallons on any day. The metering devices shall be owned and maintained by the property owner or user and may not be removed without consent of the Approving Authority.

13.53 INDUSTRIAL WASTE ANALYSIS, MEASUREMENT AND SAMPLING.

(1) SAMPLING AND METERING MANHOLES. All persons discharging industrial wastes into the sewer system shall construct and maintain sampling and metering manholes in suitable and accessible positions on public property or easement to facilitate the observation, measurement and sampling of all wastes or wastewater. These manholes shall be located and constructed in a manner approved by the Approving Authority. Plans shall be submitted to the Approving Authority prior to construction.

(2) The Village or its designee will monitor flow, collect samples and perform laboratory tests on industrial waste discharges and septage discharges as necessary to verify quantity of flow and/or character and concentration of an industrial waste or septage. The Village test results shall be used to determine the applicable surcharge.

(3) Waste or wastewater discharge may be sampled manually or by the use of mechanical equipment as necessary to obtain a representative 24-hour flow proportional sample. Samples shall be taken at intervals to be established by contractual agreement under §13.54 or at intervals as determined by the Approving Authority.

(4) When NR 101 or NR 202, Wis. Adm. Code, require the submittal of the character and concentration of wastes, waste volume and production information to the District or Department of Natural Resources (DNR), the user shall have the waste character and concentration determined by a DNR certified testing laboratory. A copy of the test results and DNR reports shall be submitted to the Village.

(5) All measurements and test analysis of the characteristics of industrial wastes shall be determined in accordance with 40 CFR 136 methods approved by the Approving Authority and shall comply with State and federal law.

13.54 WASTEWATER DISCHARGE PERMIT SYSTEM.

(1) WASTEWATER DISCHARGE PERMIT. (Am. #09-05) A wastewater discharge permit is required under this section if a person's discharge into the Village's sewerage system has any of the following:

(a) A BOD greater than 250 mg/L.

(b) A suspended solids concentration greater than 250 mg/L.

(c) A TKN concentration greater than 40mg/L.

(d) A total phosphorus concentration greater than 7 mg/L.

(e) A volume of 5,000 gallons per day or greater is discharged by any user at one or more points of discharge.

(f) Any of the characteristics listed under §13.48.

(g) Any such persons planning to discharge, changing the characteristics of their discharge or whose discharge permit has expired shall make application to the Village within 60 days prior to the discharge. All persons currently discharging shall make application to the Village within 60 days after passage of this subchapter and shall have an executed permit within 60 days of application to discharge or discontinue discharging. A discharge permit will be required for each separate point of discharge into the Village's sewer system. No person shall discharge waste or wastewater into the Village sewer system without a wastewater discharge permit, if required by the section.

(2) PERMIT APPLICATION. Users seeking a wastewater discharge permit shall complete and file with the Village an application on the form prescribed by the Village. In support of this application, the user shall submit the following information:

(a) Name, address and standard industrial classification number of applicant.

(b) Average daily volume of wastewater to be discharged.

(c) Wastewater constituents and characteristics as determined by a method approved by the Approving Authority.

(d) Time and duration of discharge.

(e) Average and peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.

(g) Description of activities, facilities and plant processes on the premises including all materials and types of materials which are, or could be, discharged.

(h) Each product produced by type, amount and rate of production.

(i) Number and type of employees, and hours of work.

(j) Any other information as may be deemed by the Village to be necessary to evaluate the permit application.

(3) PERMIT CONDITIONS. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other regulations, user charges and fees established by the Approving Authority. The conditions of wastewater discharge permits shall be uniformly enforced by the Village in accordance with this subchapter and applicable State and Federal regulations. Permit conditions will include the following:

(a) The residential equivalency charge, sewer use charge and schedule for surcharge fees for the wastewater to be discharged to the sewer system.

(b) The average and maximum wastewater, constituents and characteristics.

(c) Limits on rate and time of discharge or requirements for flow regulations and equalization.

(d) Requirements for installation of sampling and metering manholes or discharging monitoring stations.

(e) Pretreatment requirements.

(f) Requirements for maintaining plant records relating to wastewater discharges as specified by the Approving Authority, and affording the Village access thereto.

(g) Average and maximum pollutant concentrations and total daily average and maximum pollutant discharges for all pollutants subject to limitations and prohibitions which are present in the user's wastewater discharge.

(h) All persons required to make application for a wastewater discharge permit shall before issuance of the permit, enter into a contractual agreement with the Village. The contractual agreement shall contain the conditions set forth in the discharge permit, requirements for industrial cost recovery charges and other items deemed necessary by the Village.

(i) Other conditions as deemed appropriate by the Village to insure compliance with this Ordinance.

(4) DURATION OF PERMITS. A permit shall be issued for one year and shall be automatically renewed on a year to year basis thereafter, unless the person is notified by the Village within 60 days prior to the expiration of the permit or any renewal thereof or unless the discharger has signed a discharge monitoring agreement with the Village which specifies a different duration period. After such notification by the Village the permit shall expire on the end of that year. The terms and conditions of the permit shall be subject to modification and change by the Village during the life of the permit, if so required because of any ordinances, statutes or rules and regulations of the Approving Authority or any applicable State or federal body. The person shall be informed of any proposed changes in his permit at least 60 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(5) TRANSFER OF A PERMIT. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.

(6) REVOCATION OF PERMIT. Any user who violates any of the conditions of his permit contractual agreement, this subchapter or applicable State and federal regulations, is subject to having his permit revoked.

(7) DISCHARGE MONITORING AGREEMENT. The Village may require an industry or high volume or high strength waste discharger to enter into a discharge monitoring agreement if in the judgement of the Village such an agreement is necessary to properly evaluate the users discharge to the sewerage system or to obtain adequate information to properly assess a surcharge. In the absence of a discharge monitoring agreement, the Village may assign a surcharge to a user which in the Village's judgment is appropriate of the users discharge. The Village may assess a surcharge to a user even though the Village does not require the user to enter into a discharge monitoring agreement. A sample of a discharge monitoring agreement is on file with the Village.

13.55 ADMISSION TO PROPERTY.

The Village, its agents and employees shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing, in accordance with provisions of this subchapter under §66.122 through §16.125, Wis. Stats.

13.56 CONFIDENTIALITY OF CRITICAL INFORMATION.

When requested by the user furnishing a report or permit application or questionnaire, the portions of the report, or other document, which might disclose trade secrets or secret processes shall not be made available for use by the Village or any State agency in judicial review or enforcement proceedings involving the person furnishing the report.

13.60 VIOLATIONS.

(1) Any person who fails to comply with any of the provisions of this subchapter or with an order of the Village issued in pursuance of this subchapter or shall tamper with metering or sampling, shall be liable to the Village for any expense, loss or damage occasioned by such violation including reasonable attorney's fees and other expenses of litigation and upon conviction of any violation of this subchapter, shall be subject to a forfeiture of not less than $100 nor more than $2,500 per violation, plus damages. Each day a condition is allowed to exist which is contrary to all or any part of this subchapter shall constitute a new violation. Change of ownership or occupancy of premises delinquent under the provisions of this subchapter shall not be cause for reducing or eliminating charges due and penalties for violations.

(2) If any user shall discharge a waste or wastewater including septage that is inhibiting to the sewer system or wastewater treatment facility such user shall pay a penalty of up to $200 per violation upon conviction. Each day a violation occurs shall constitute a separate violation. Such penalty shall be added to the monthly or quarterly billing statement, if not paid within 30 days of conviction or such other time as set by the court.

(3) In addition to the court proceedings and penalties described in the previous sections of this subchapter, whenever a person violates any provision of this subchapter or fails to comply with any order of the Village, the Village may order that an action be commenced on behalf of the Village in the Circuit Court for Jefferson County for the purpose of obtaining an injunction restraining the person violating the subchapter or failing to comply with the order, from making any further discharges into the sewer system of the Village.

(4) Any licensed disposer discharging to the wastewater treatment facility or to a public sewer, found to be violating a provision of this subchapter or of any conditions of the approval for septage disposal, may have their approval immediately revoked. This revocation shall be done in writing and state the reason for revoking the septage disposal approval.

13.61 RESIDENTIAL EQUIVALENT CONNECTION TABLE, METERED AND UNMETERED WASTEWATER FLOW ASSIGNMENTS. (Am. #06-09)

(1) For unmetered or metered users of the sewerage system the following table shall be used to determine the residential equivalent connection (REC) or estimated gallons of wastewater discharged to the sewerage system except as provided for in §13.52.

RESIDENTIAL USERS	REC
Condominium	1.0/unit
Single-family home	1.0
Duplex	2.0
Multiple-family (2 bedrooms)	1.0/unit
Multiple-family (1 bedroom or less)	0.75/unit

(2) For unmetered or metered commercial and industrial users of the sewerage system their wastewater flow shall be determined from the following table unless the Approving Authority determines that the information in the tables does not accurately reflect the users' wastewater discharge to the sewerage system in which case the Approving Authority will assign a wastewater flow to the user. The REC may be determined by dividing the wastewater flow obtained from the table by the flow of the average residential user. The minimum REC for any account shall not be less than 1.00 REC. Upon completion of the REC computations all REC's will be rounded to the nearest 0.25 REC.

SIC CODE	GALLONS PER EMPLOYEE DESCRIPTIONHOUR
0742	Veterinary Services for Animal Specialties	20.0
0752	Animal Specialty Services	16.0
0782	Lawn and Garden Services	10.0
1446	Industrial Sand	5.0
1521	General Contractors - Residential	2.3
1541	General Contractors - Industrial	2.3
1611	General Contractors - Public Works	2.3
1711	Plumbing, Heating & Air Conditioning	2.3
1731	Electrical Work	2.3
1761	Roofing and Sheet Metal Work	2.3
1799	Special Trade Contractors, N.E.C.	2.3
2013	Sausage & Other Prepared Meats	110.0
2065	Candy and Other Confectionery Products	50.0
2087	Flavoring Extracts & Syrups, N.E.C.	75.0
2394	Canvas and Related Products	2.3
2431	Millwork	5.0
2434	Wood Kitchen Cabinets	5.0
2522	Metal Office Furniture	2.3
2721	Periodicals: Publishing & Printing	10.0
2731	Books: Publishing & Printing	10.0
2751	Commercial Printing, Letterpress & Screen	10.0
2752	Commercial Printing, Lithographic	10.0
2789	Bookbinding and Related Work	10.0
2795	Lithographic Platemaking & Related Services	25.0
2819	Industrial Inorganic Chemicals, N.E.C.	10.0
2834	Pharmaceutical Preparations	10.0
2841	Soap & Other Detergents	15.0
2893	Manufacture of Printing Ink	30.0
2899	Chemicals & Chemical Preparations, N.E.C.	10.0
3079	Misc. Plastics Products	85.0
3111	Leather Tanning & Finishing	345.0
3272	Concrete Products, Except Block & Brick	25.0
3442	Metal Doors, Sash, Frames, Molding and Trim	2.3
3444	Sheet Metal Work	40.0
3451	Screw Machine Products	10.0
3462	Iron and Steel Forging	5.0
3469	Metal Stamping, N.E.C.	5.0
3471	Electroplate, Plating, Polishing, Anodizing	50.0
3479	Coating, Engraving, Allied Services, N.E.C.	100.0
3495	Wire Springs	2.3
3498	Fabricated Pipe & Fittings	2.3
3499	Fabricated Metal Products, N.E.C.	25.0
3531	Construction Machinery & Equipment	5.0
3544	Dies, Tools, Die Sets, Jigs, Fixtures, Molds	10.0
3562	Ball and Roller Bearings	5.0
3565	Industrial Patterns	5.0
3569	Gen. Indus. Machinery & Equipment, N.E.C.	4.0
3576	Scales and Balances, Except Laboratory	2.3
3599	Machinery, Except Electrical, N.E.C.	10.0
3613	Switchgear & Switchboard Apparatus	5.0
3632	Home and Farm Refrigerators & Freezers	2.3
3694	Elec. Equip. for Internal Combustion Engines	2.3
3714	Motor Vehicle Parts & Accessories	75.0
3999	Manufacturing Industries, N.E.C.	2.3
4141	Local Passenger Trans. Charter Service	2.3
4151	School Buses	2.3
4212	Local Trucking Without Storage	10.0
4213	Trucking, Except Local	2.3
4225	General Warehousing and Storage	2.3
4311	U.S. Postal Service	2.3
4722	Travel Agency	2.3
4811	Telephone Communication	2.3
4832	Radio Broadcasting	2.3
5042	Toys and Hobby Goods & Supplies	2.3
5063	Electrical Apparatus & Equipment	2.3
5064	Electrical Appliances	2.3
5072	Hardware - Wholesale Distribution	2.3
5082	Construction & Mining Machinery and Equip.	2.3
5084	Industrial Machinery & Equipment	2.3
5142	Frozen Foods	10.0
5149	Wholesale Groceries & Products, N.E.C.	10.0
5199	Wholesale Non-Durable Goods, N.E.C.	10.0
5211	Lumber & Building Materials Dealers	2.3
5231	Paint, Glass, Wallpaper	2.3
5251	Hardware - Retail Sales	2.3
5261	Retail Nurseries Lawn & Garden Supply Stores	10.0
5271	Mobile Home Dealers	2.3
5311	Department Stores	2.3
5331	Variety Stores	2.3
5411	Grocery Stores with Meat & Produce Dept.	16.0
5412	Grocery Stores without Meat & Produce Dept.	6.0
5441	Candy, Nut, and Confectionery Stores	10.0
5462	Retail Bakeries - Baking and Selling	10.0
5499	Miscellaneous Food Stores	2.3
5511	Motor Vehicle Dealers	5.0
5531	Auto and Home Supply Stores	2.3
5541	Gasoline Service Stations	15.0
5551	Boat Dealers	5.0
5611	Clothing Stores	2.3
5661	Shoe Stores	2.3
5681	Furriers & Fur Shops	5.0
5711	Furniture, Floor Coverings, Appliances	2.3
5812	Eating Places (Restaurants)	20.0
5813	Drinking Places (Taverns)	45.0
5912	Drug Stores and Proprietary Stores	2.3
5921	Liquor Stores	2.3
5931	Used Merchandise Stores	2.3
5941	Sporting Goods Stores & Bicycle Shops	2.3
5942-9	Miscellaneous Stores	2.3
5992	Florists	10.0
5999	All Other Retail Stores	2.3
6022-59	Banks	2.3
6122-63	Savings & Loans	2.3
6311	Insurance Companies	2.3
6411	Insurance Agents	2.3
6512	Operators of Nonresidential Buildings	2.3
6515	Operators of Residential Mobile Home Sites	2.3
6531	Real Estate Agents and Managers	2.3
6553	Cemetery Subdividers and Developers	2.3
6722	Management Investment Offices	2.3
7211	Power Laundries, Family & Commercial	105.0
7212	Cleaning & Laundry Pick-up Stations	2.3
7215	Fac. Coin-Op Laundries & Dry Cleaning	910.0
7221	Photographic Studios	2.3
7231	Beauty Shops	16.0
7241	Barber Shops	10.0
7261	Funeral Service & Crematories	15.0
7299	Miscellaneous Services, N.E.C.	2.3
7311	Advertising Agencies, Employment Services	2.3
7332	Blueprinting and Photocopying Services	2.3
7361	Employment Agencies	2.3
7391	Research and Development Laboratories	10.0
7395	Photofinishing Labs	10.0
7512	Passenger Car Rental & Leasing, w/o Drivers	10.0
7531	Top and Body Repair Shop	5.0
7534	Tire Retreading & Repair Shops	20.0
7538	General Automotive Repair Shops	5.0
7542	Car Washes	115.0
7622	Radio & Television Repair	2.3
7699	Repair Shops and Related Services, N.E.C.	2.3
7832	Motion Picture Theaters, not Drive-Ins	20.0
7911	Dance Halls, Studios, and Schools	20.0
7922	Theatrical Producers	20.0
7933	Bowling Alleys	50.0
7992	Public Golf Courses	45.0
7997	Membership Sports & Recreation Clubs	75.0
7999	Roller Rinks, Gymnasiums, Museums	20.0
8011	Offices of Physicians	10.0
8021	Offices of Dentists	10.0
8031	Offices of Osteopaths	10.0
8041	Offices of Chiropractors	10.0
8051	Skilled Nursing Care Facilities	20.0
8091	Health and Allied Services, N.E.C.	10.0
8111	Attorneys	2.3
8211	Elementary & Secondary Schools	20.0
8221	Colleges, Universities & Prof. Schools	25.0
8231	Libraries, & Information Centers	20.0
8249	Vocational Schools, N.E.C.	20.0
8421	Arboreta, Botanical & Zoological Gardens	45.0
8621	Professional Membership Organizations	2.3
8641	Civic, Social and Fraternal Associations	15.0
8661	Religious Organizations (hours occupied only)	20.0
8699	Membership Organizations, N.E.C.	2.3
8911	Engineering, Architectural & Surveying	2.3
8931	Accountants	2.3
9199	General Government, N.E.C.	2.3
9221	Police Protection	2.3
9224	Fire Protection	2.3
9451	Administration of Veteran's Affairs	2.3
9999	All Offices, N.E.C.	2.3
NOTE:	Parsonages shall be regarded as single family residences.

STORM WATER UTILITY (Cr. #00-03)

13.70 PURPOSE. (Cr. #00-03)

The Village Board hereby finds, determines and declares the necessity of providing facilities for the drainage and control of storm and surface waters within the Village. These facilities may be acquired and maintained in order that storm and surface waters may be properly drained and controlled and that the health, property, safety and welfare of the Village and its inhabitants may be safeguarded and protected.

13.71 CREATION AND AUTHORITY. (Cr. #00-03)

The Village Board hereby establishes the Village of Palmyra Storm Water Utility. This public utility is not a public service subject to regulation by the Wisconsin Public Service Commission. The Village, through the Storm Water Utility, may acquire, construct, lease, own, operate, maintain, extend, replace, clean, dredge, repair, conduct, manage, and finance such facilities as are deemed by the Village to be reasonably necessary for a system of storm and surface water management.

13.72 MANAGEMENT. (Cr. #00-03)

(1) The operation, management and control of the Storm Water Utility is vested in the Village Board which is hereinafter referred to as the "Approving Authority." The Village Clerk shall keep all records of the Storm Water Utility in the Village Hall or other officially designated place.

(2) The rules, regulations and rates hereinafter set forth shall be considered part of the regulations applicable to every individual or entity owning property in the Village. Such rules, regulations and rates may be changed from time to time as determined by Approving Authority and the right is reserved to make special rates and contracts in all proper cases.

(3) On an annual basis, the Village Administrator shall prepare a Storm Water Utility Budget. The budget shall serve as the basis for Storm Water Utility Charges. The budgeted revenues shall be sufficient to cover projected operation, maintenance and debt service costs of the Storm Water Utility.

(4) Storm Water Utility Charges imposed on properties in the Village shall allow for a proportionate distribution of operation, maintenance and replacement costs among user classes.

(5) The Approving Authority shall cause an annual audit of the books of the Storm Water Utility to be made and shall make the books and records relating to the Storm Water Utility available for inspection during regular business hours.

(6) The Storm Water Utility shall be able to utilize the full authority provided in § 66.076, Wis. Stats., with respect to financing methods, Storm Water Utility Charges, and other matters therein dealt with, and shall have all legal authority permitted for municipal utilities to charge reasonable rates for services.

13.73 APPLICATION. (Cr. #00-03)

The application of this division, its rules, regulations and rates shall apply to all individuals, firms, corporations and institutions owning property within the corporate limit of the Village.

13.74 DEFINITIONS. (Cr. #00-03)

The meaning of terms used in this subchapter shall be as follows:

(1) Approving Authority. The Village Board or its authorized committee, deputy, agent or representative.

(2) Capital Cost. The cost of acquiring, purchasing, leasing, planning, designing, constructing, extending and improving all or any part of the Storm Water Management System and any principal, interest or premiums on any indebtedness incurred for these purposes.

(3) Customer Service Charge. A charge levied on each lot or parcel served by the Storm Water Management System to cover expenditures relating to administration and billing costs to service customer accounts.

(4) Debt Retirement. All annual principal and interest requirements and obligations of the Approving Authority for the Storm Water Utility.

(5) Equivalent Runoff Unit (ERU) The statistical average equivalent horizontal impervious surface area of parcels containing single family homes within the Village of Palmyra on the date of adoption of this ordinance. The equivalent impervious area shall include the sum of the impervious surface area plus the product of the pervious surface area and a runoff coefficient. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks.

(6) Impervious Area or Impervious Surface. A horizontal surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes but is not limited to asphalt, concrete, streets, roofs, sidewalks, parking lots, and other similar surfaces.

(7) Net Equivalent Impervious Surface Area. For a given property, the sum of the impervious area and the product of the pervious area and runoff coefficient (impervious area + pervious area × runoff coefficient).

(8) Operation and Maintenance Costs (O&M). All direct and indirect costs, excluding debt service and other capital costs, necessary to ensure adequate drainage and control of storm and surface waters on a continuing basis and assure optimal long term function of storm water management system facilities.

(9) Persons. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, governmental agency or other entity and agents, servants or employees.

(10) Replacement fund. Expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the useful life of the storm water management system to maintain the capacity and performance for which such system was designed and constructed.

(11) Superintendent. The Superintendent of Public Works who shall be in charge of and supervise the operations and functions of the storm water sewerage system facilities.

(12) Storm Water Management System. Any plan or equipment owned or leased by the Storm Water Utility for the collection, transportation, storage, treatment, and disposal for storm water and surface water, including but not limited to storm sewers, stormceptors, retention/detention basins and storm water drainageways.

(13) Storm Sewer: A sewer that carries storm and surface drainage but excludes domestic wastewater and industrial wastes.

(14) Storm Water Utility Charges. Charges to properties in the Village to recover the operating, maintenance and capital costs relating to storm water management facilities. Storm Water Utility Charges may include customer service charges, user charges or any other special fees and charges that may be required to provide for an equitable sharing of storm water utility costs by properties in the Village.

(15) User. Any person who owns or occupies property that discharges storm or surface water into the Storm Water Management System. All properties in the Village are considered to have some discharge into the Storm Water Sewerage System, excluding that portion of any property that is zoned Floodplain (FP), Shoreland/Wetland (C-2) or General Conservancy (C-3).

(16) User charge. A charge levied on users to recover the component of total operation, maintenance and capital costs of the sewerage system that relates to storm and surface water runoff generated by users of the system. The Storm Water User Charge shall consist of a charge in terms of dollars per Equivalent Runoff Unit ($/ERU).

(17) Credit. An on-going reduction in a stormwater user fee based on certain qualifying conditions or activities which mitigate the impact of increased stormwater runoff from the property on a continuing basis and/or reduce the department's cost of providing stormwater management services to the property. (Cr. #05-01)

(18) Stormwater Credit Manual. The manual, recommended by the department and approved by the board, which shall set forth the details of the credit system, including parameters of credits and application procedures. (Cr. #05-01)

13.75 RULES AND REGULATIONS. (Cr. #00-03)

All users of the Village Storm Water Management System are subject to the regulations for erosion and storm water runoff control contained in Section 17.17 of the Village Zoning and Development Code and incorporated herein by reference.

13.76 STORM WATER UTILITY CHARGES. (Cr. #00-03)

(1) GENERAL

(a) Storm Water Utility Charges shall be imposed upon each and every lot and parcel within the Village of Palmyra that is served by the Storm Water Management System. All lots or parcels located within the corporate limit of the Village of Palmyra are considered to be served by the Storm Water Management System except for any portions of lots or parcels zoned as Floodplain (FP), Shoreland/Wetland (C-1) or General Conservancy (C-2). Such Storm Water Utility charges shall be effective as of July 1, 2000.

(b) It shall be the policy of the Approving Authority to establish storm water utility charges in such amounts as to obtain sufficient revenues to pay the following costs relating to the Storm Water Utility:

1. Operation and maintenance;

2. Administration;

3. Contributions to a replacement and capital improvement fund; and

4. Debt retirement including debt service reserves and coverage requirements.

The Village Board may establish storm water utility charges as deemed necessary so as to assure that each user of the Storm Water Management System pays its proportionate share of the cost of such facilities.

(c) The storm water utility charges shall consist of a customer service charge and a user charge.

(d) The charges and fees may be established and re-established, as necessary, by resolution of the Village Board.

(e) A review of the storm water utility charge system shall be conducted on an annual basis. The customer service charges and user charges shall be computed annually under the direction of the Village Administrator.

(f) Customer Classification. For purposes of imposing storm water utility charges, all lots or parcels within the Village shall be classified in one of the following categories:

1. Single family residential (includes duplexes)

2. Developed non-residential and multi-family

3. Undeveloped parcels

4. Parcels entirely zoned Floodplain, Shoreland/Wetland or General Conservancy

(2) DETERMINATION OF CHARGES

(a) Customer Service Charge. Each lot or parcel in that is served by the Storm Water Management System shall be subject to a storm water customer service charge. The customer service charge shall recover that portion of budgeted Storm Water utility costs that relates to administrative, billing and accounting costs. All parcels shall receive the same customer service charge regardless of size or land use.

(b) User Charges. Each lot or parcel that is served by the Storm Water Management System shall be subject to a storm water user charge. This charge shall recover operation, maintenance and capital costs of the Storm Water Utility. The charge to each parcel shall be based upon a computation of equivalent impervious surface area for the parcel expressed in terms of a number of Equivalent Runoff Units (ERUs). Each and every lot and parcel shall be assigned an ERU count for purposes of determining user charges. The assigned ERU value for each parcel will be multiplied by the billing rate per ERU to determine the user charge for each parcel. ERU values for all parcels shall be determined as follows.

1. Definition of an ERU

a. For all developed single family residential parcels, determine the number of square feet of impervious surface area and the number of square feet of pervious area.

b. For each parcel, multiply the square feet of pervious area by .2 and add it to the number of square feet of impervious area to determine the net equivalent impervious area. Sum the net equivalent impervious area for all single-family residences in the Village.

c. Divide the total net equivalent square feet of impervious surface area for all developed single family residential parcels by the total number of single-family residential parcels to determine the average. This amount shall serve as the definition of one ERU.

d. At the time of adoption of this ordinance, an ERU is defined as 5,242 square feet of net equivalent impervious surface area.

2. Assignment of ERU count to parcels

a. For all single family residential properties, the assigned ERU values shall be one (1) ERU. For all duplex properties, the assigned ERU value shall be .75 ERU for each dwelling unit (1.50 ERU total for property).

b. For developed nonresidential and multifamily parcels and for all undeveloped land parcels the assigned ERU value shall be based upon an estimate of the net equivalent impervious area for the property. The Superintendent shall be responsible for determining the net equivalent impervious surface area based upon the best available information. This information includes, but is not limited to, information provided by the property owner, data from the Village Assessor, aerial photography and visual inspection.

1) For developed nonresidential and multifamily parcels the assigned ERU value shall be determined as follows:

a) Assigned number of ERUs = (total square feet of impervious area + (total square feet of pervious area × .2)/(square feet per ERU)

b) All ERU calculations shall be rounded up to the nearest .25 unit.

2) For all undeveloped land parcels the assigned ERU value shall be determined as follows:

a) Assigned number of ERUs = (total square feet of impervious area + (total square feet of pervious area × .2))/(square feet per ERU)

b) All ERU calculations shall be rounded up to the nearest .25 unit.

3. New construction and changes to existing properties

a. This section shall apply when a property owner takes any action that changes the total area, impervious area, or use of a parcel, including but not limited to the following actions: demolition, expansion of existing buildings, new construction, new paving, subdividing parcels or combining parcels.

b. The Village may assign a new ERU value to any property that is affected by any action that changes the amount of net impervious surface area for the property.

c. Property owners shall be responsible for completing a storm water service questionnaire prior to the issuance of a building permit under Section 14.02 of the Village Ordinance or final plat approval for land division as required by Section 17.16 (4)(e) of the Village Zoning and Development Code. Blanks for such questionnaires will be furnished at the office of the Village Clerk. This shall apply to new construction on undeveloped parcels as well as improvements to existing buildings but shall exclude any building permits to remodel existing single family residences.

d. The Village may utilize the information provided in the questionnaire as well as any other information available, including but not limited to, data from the Village Assessor, aerial photography and visual inspection, in order to determine the revised ERU values.

(3) SPECIAL CHARGES, RATES AND FEES. It is understood that the approving authority may at any time hereafter set special charges, rates or fees for certain users in order to insure that all user pay a fair and proportionate share of the costs of providing storm water utility services.

(4) CREDITS FOR PROVISION OF STORMWATER DETENTION/RETENTION FACILITIES. (Rep. & recr. #05-01)

(a) Certain users may be eligible for a reduction in charges due to unique characteristics of property served, or as compensation for the provision of stormwater retention or detention facilities. A customer may be eligible for stormwater utility fee credit under the following conditions:

1. Zero Discharge Credit. If all or part of the stormwater from a property discharges directly into a stream or other water body that is not maintained by the Village in any way, or directly into a water body downstream of where it is maintained by the Village or is otherwise contained entirely upon the property. The zero discharge credit shall be available to both the residential and nonresidential customer class.

2. Post-Development Flow Control Credit. If a stormwater management facility is located on a property that reduces the post-development peak flow rate from the site to a rate that is equal to or less than the peak flow rate from the site under predevelopment conditions for the one-year, 10-year, and 100-year 24-hour storm event. The peak flow reduction credit shall be limited to the nonresidential customer class and greater than 2-unit per parcel residential customers. Post development flow control credits shall be conditioned upon compliance with the design, operation, and maintenance requirements of all the applicable ordinances and codes of the Village of Palmyra, State or Federal permitting, and this stormwater credit application manual.

(b) The board, upon recommendation from the Utility Committee, shall approve a stormwater credit manual. The Utility Committee shall follow the provisions of the stormwater credit manual in reviewing and acting upon applications for credit. Copies of the stormwater credit manual shall be available from Village Hall.

(c) The credit amount shall be prorated based on the percent of total billable area of the property where the pre-existing flow rate is maintained and/or that directly discharges to a waterbody not maintained by the Village. The maximum aggregate credit to the stormwater service charge of any individual property is 50 percent of its gross billing amount, regardless of how many individual credits for which the property qualifies.

(d) The board, upon recommendation of the Utility Committee, shall set a reasonable credit application fee. Such fee shall be reasonably related to the cost of reviewing credit applications.

(e) Credit requests and procedures. Stormwater utility credit requests may be made by submitting an application fee, signed and completed credit application, and all other materials required therein to the Village Clerk. Copies of the stormwater credit application shall be available from Village Hall.

1. The department shall provide a written determination of credit within 30 days of receipt of a complete credit application. The written determination shall set forth the effective date of the credit and any conditions applicable to receipt of the credit.

2. Billing adjustments required to implement credits shall be applied retroactively to the date the customer submitted a complete application. Adjustments shall be made by crediting the customer's storm water service charge until any overpayment has been fully repaid.

3. In the case of new development, stormwater service charges and the associated credits detailed herein do not apply until construction is complete and verified by the Department of Public Works, or upon granting of conditional occupancy, whichever is earlier.

13.77 ACCOUNTS AND FUNDS. (Cr. #00-03)

(1) The Village Board shall establish an enterprise fund to be called the Storm Water Utility Fund, which shall be used for collection of revenues and payment of expenses relating to the operation and management of the Storm Water Management System. A separate accounting shall be maintained for the Storm Water Utility Fund.

(2) The Approving Authority may establish segregated funds (e.g. debt service fund, capital reserve fund) as necessary.

13.78 BILLING. (Cr. #00-03)

(1) The storm water utility charges shall be billed on a quarterly or monthly basis and shall be payable at the Village Clerk's office or at any other officially designated location. For lots or parcels of land utilizing the Village water or sewer utilities, the storm water utility charges shall be included on the same bill as the water and sewer charges. For any lots or parcels that include multiple water or sewer utility customers, the storm water utility charges shall be charged as a single bill to the property owner. For all lots or parcels that do not currently utilize the Village water or sewer utilities, the storm water utility charges shall be billed and collected separately.

(2) Statements for such charges in accordance with this subchapter shall become due and payable within 20 days from the date of the statement. If any charges are not paid within 20 days of issuance, an additional charge of 3 percent of the original billing amount will be added to the current billing charges. This charge shall apply to all delinquent accounts.

(3) The property owner is held responsible for all storm water utility bills on premises that he or she owns. All storm water utility bills and notices of any nature relative to the Storm Water Utility will be addressed to the owner and/or occupant and delivered to the addressee by bulk mail.

(4) Every reasonable care will be exercised in the proper delivery of storm water service bills. Failure to receive a storm water service bill, however, shall not relieve any person of the responsibility for payment of storm water utility charges within the prescribed period nor exempt any person from any penalty imposed for delinquency in the payment thereof.

13.79 DELINQUENT ACCOUNTS. (Cr. #00-03)

(1) The following procedures shall apply to the collection of delinquent accounts for storm water service.

(a) The Village Clerk, on or before October 15 of each year, shall prepare a listing of all lots or parcels for which storm water utility charges are still owed for service supplied in the year preceding October 1.

(b) On October 15 in each year, the Village Clerk shall give notice to the owner or occupant of all lots or parcels of real estate for which payment is owed and in arrears at the time that the notice is given for service furnished prior to October 1. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of the Storm Water Utility. The notice shall further state that unless the delinquent account is paid by November 1 thereafter, a penalty of 10 percent of the amount of such arrears will be added thereto. The notice shall also state that unless such arrears, with any such added penalty, shall be paid by November 15 thereafter, the amount owed will be levied as a tax against the lot or parcel of real estate to which utility service was furnished and for which payment is delinquent. Such notice may be served by delivery to either such owner or occupant personally or by letter addressed to such owner or occupant at the post office addresses of such lot or parcel of real estate.

(c) On November 16 the Village Clerk shall certify and file a list of all lots or parcels of real estate, giving the legal descriptions thereof, for which the owners or occupants were given notice of arrears in payment as above specified and for which arrears still remain unpaid. The list shall state the amount of such arrears together with the added penalty thereon as herein provided. Each delinquent amount for storm water utility service, including penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the utility service was furnished and payment for which is delinquent. The Village Clerk shall insert the same as a tax against such lot or parcel of real estate. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to said delinquent tax if the same is not paid within the time required by law for payment of taxes upon real estate.

(d) The owner or occupant may within 10 days of the date of such notice being sent, request a hearing for any charges in dispute. Such a request for hearing shall be in writing and filed with the Village Clerk. No such charge shall be placed upon the tax roll if a filed request for hearing is pending. The Water, Sewer and Storm Sewer Committee shall hold all hearings within 30 days of the filing of the request.