Chapter 20

WATER AND SEWER UTILITY

[HISTORY: Adopted by the Common Council of the City of Gillett as Ch. VI of the former Municipal Code. Amendments noted where applicable.]

ARTICLE I

General Provisions

§ 20-1.  Purpose.

The purpose of this chapter is to establish rules and regulations for the operation and maintenance of the City of Gillett water and sewer systems as a public utility under § 66.0805, Wis. Stats.

§ 20-2.  Water and Sewer Utilities combined.

Pursuant to § 66.0819, Wis. Stats., the City of Gillett Water and Sewer Utilities shall be combined and managed as a single utility known as "Gillett Utilities" and shall be subject to all provisions of § 66.0819, Wis. Stats. The water portion of the Utility will be regulated by the Wisconsin Public Service Commission. The sewer portion of the Utility will be regulated by the City of Gillett Common Council.

§ 20-3.  Utility Committee.

Unless otherwise provided by this chapter, the Utility Committee shall have general management and control of all matters pertaining to the Water and Sewer Utility. The Utility Committee shall enforce all state laws and administrative regulations, City ordinances, and lawful orders pertaining thereto. The Utility Committee shall approve all service applications and extensions.

A.     Membership. The Utility Committee shall consist of three Common Council members appointed by the Mayor, subject to approval by a two-thirds majority vote of the Common Council members present, and two citizen members appointed by the Mayor. Appointments by the Mayor shall be made pursuant to the procedures of Chapter 3, § 3-6D of this Code. The Mayor shall make appointments for a one-year term for citizen Committee members. The Mayor's appointments shall be submitted to the Common Council for approval.. The terms of the Committee members shall take effect upon approval of the Common Council. The terms of the citizen Committee members shall take effect May 1 in the year of the appointment.

B.     Compensation of citizen Committee members. The compensation of the citizen members shall be a per diem per meeting as set by the Common Council. Committee members may be reimbursed for expenses incurred in carrying out their duties.

C.     Secretary/Treasurer.

(1)    The City Clerk/Treasurer shall serve as Secretary/Treasurer of the Utility Committee. The Common Council shall establish the compensation of the Secretary/Treasurer of said Committee, which shall be in addition to the salary of the Clerk/Treasurer.

(2)    The Secretary/Treasurer shall have the following duties:

(a)     Monthly water and sewer billing.

(b)     Take service applications.

(c)     Report status on uncollected accounts.

(d)    Notify customers and collect delinquent accounts under rules established by the Wisconsin Public Service Commission and Utility Committee.

(e)     Inform and route information on applications and customer service problems.

(f)     Notify customers of service outage due to maintenance and repairs.

(g)     Maintain all financial records of the Water and Sewer Utility.

(h)     Perform other duties required by the Committee or Common Council.

§ 20-4.  Utility Department.

The Utility Department shall be under the supervision of the Utility Committee. The Utility Chairperson shall be the head of the Department.

§ 20-5.  Utility Operator.

The Utility Operator shall be appointed by the Common Council upon recommendation of the Utility Committee. The Utility Operator shall serve at the pleasure of the Common Council.

A.     General duties. The Utility Operator shall take general charge of the water and sewerage systems, subject to the supervision and control of the Utility Committee. He shall perform such duties pertaining to the operation and maintenance of the water and sewerage systems as may from time to time be necessary. He shall make monthly and annual reports to the Utility Committee on matters relating to the management and operation of the Utilities.

B.     Other duties. The Utility Operator shall have the duties delegated to him by this chapter and by the Common Council per the job description.

§ 20-6.  Right of entry.

The Utility Operator or his authorized agent may, at all reasonable hours, for any proper purpose, enter upon any premises connected to the City sewerage or water system for the purpose of administering and enforcing this chapter. Any person who interferes with the Utility Operator or his duties shall be in violation of this chapter and subject to the penalties provided herein, including discontinuance of the water supply to the premises.

§ 20-7.  Rules, rates and regulations.

A.     Water. The rules, rates and regulations for the operation of the Water Utility shall be those on file with and approved by the Wisconsin Public Service Commission.

B.     Sewer. The rules, rates and regulations for the operation of the Sewer Utility shall be those approved by the Utility Committee and the Common Council.

C.     Water and sewer laterals. Any time the City refurbishes a street, water and sewer laterals must be installed to any buildable lot, up to the property line.

D.     Service extension. [Added 11-6-2003 by Ord. No. 2003-12]

(1)    Extension of service. The City does hereby limit its extension of water and/or sewer service to the following: those areas and/or properties that presently have sewer service, water service, or both sewer and water service furnished to said property.

(2)    General provisions.

(a)     In order to provide adequate fire protection for persons and property within the corporate limits of the City and to ensure the public health and safety of the residents, and to conserve the available water supply, it is necessary to limit the unincorporated areas served to those areas listed in Subsection D(1) above.

(b)     Only in exceptional cases and when authorized by the Common Council by ordinance may sewer and/or water service be furnished to consumers outside the City limits. The applicant for such service shall state fully all of the conditions affecting such usage; shall fully comply with requirements as to plumbing, safeguarding and use applicable to users of water and/or sewer service within the City limits; and shall, if required by the Common Council, pay for service and water in advance.

(c)     Mains or services laid and the installation thereof outside of the City limits shall be in accordance with the specifications and under the supervision of the Utility. Maintenance of such mains or services shall conform to general City requirements. Customers receiving sewer and/or water service in accordance with the provisions of this Subsection D shall be subject to the water rates and sewerage service charge and any other fee or charge imposed for such utility service by the Utility and/or the Common Council.

§ 20-8.  Records.

There shall be kept in the City Clerk/Treasurer's office records of all applications for service, monthly meter readings and billings therefor and meter repairs and performances.

§ 20-9.  Installing and tapping mains.

A.     Utility Chairperson to approve. No person not authorized by the Utility Chairperson shall tap or make any connection with any street main or distribution pipes.

B.     Licensed plumber, contractor or Utility employee required. No person except a licensed plumber, contractor or Utility employee shall lay water mains or do any trenching or digging between curbs on any street for the purpose of laying or repairing service lines or making private main extensions. No plumber, pipe fitter or other person shall make any attachments to any old pipes or water fixture from which the water has been turned off without the Utility Operator present, nor shall any plumber, pipe fitter, or other person alter any pipe or water fixture attached to the water distribution system for the purpose of conducting water into an adjoining premises without the Utility Operator present.

C.     Costs.

(1)    All water service shall be installed to the property line of the customer at the cost of the property owner under the regulation of Public Service Commission.

(2)    All sewer service shall be installed to the property line of the customer at the cost of the property owner under the regulation of the Utility Committee and the Common Council.

(3)    The property owner shall in all cases be responsible for the cost of installing water and/or sewer service from the property line to the structure located on said property

(4)    All construction of house or building sewers laid in the road to be sewered to the sewer's service lateral and all restorations of streets, sidewalks, pavements, and other public places incident thereto shall be done by Gillett Utilities.

(5)    Repair, replacement and maintenance of sewer laterals shall be paid for by the property owner. This will include costs of removing blockage of the lateral, repair of the streets, curb and gutter and any damage to the property of the owner. The property owner will be responsible for all the foregoing costs for the entire length of the lateral up to the main sewer line, including all risers.

(6)    The entire costs of such work shall be borne by the lot owner, and such costs shall be assessed by the City of Gillett against the lot or parcel of land benefited thereby.

§ 20-10.  Grounding of electrical systems.

Electrical, phone or television cable or antenna shall not be grounded to water or sewer piping.

§ 20-11.  Cross-connection control.

A.     A cross-connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Gillett 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 two systems.

B.     No person, firm or corporation shall establish or permit to be established or 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 City of Gillett, may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by Gillett Utilities and by the Department of Natural Resources in accordance with Sec. NR 111.25(3), Wis. Adm. Code.

C.     It shall be the duty of Gillett Utilities to cause inspections to be made of all properties served by the public water system where cross-connection 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 Utility Committee of the Common Council of the City of Gillett and as approved by the Wisconsin Department of Natural Resources.

D.     Upon presentation of credentials, the representative of Gillett Utilities 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 City of Gillett for cross-connections. If entry is refused, such representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats. 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.

E.      Gillett Utilities 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 in Subsection F. Water service to such property shall not be restored until the cross-connections have been eliminated in compliance with the provisions of this section.

F.      If it is determined by Gillett Utilities 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 Clerk/Treasurer of the City of Gillett and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.

G.     The City of Gillett adopts by reference the State Plumbing Code of Wisconsin, being Ch. COMM 82, Wis. Adm. Code.

§ 20-12.  Violations and penalties.

Any person violating any provision of this chapter shall, upon conviction, be punished by forfeiture as provided in Chapter 1, Article II of this Code 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 municipality may impose a penalty.

ARTICLE II

Well Abandonment

§ 20-13.  Purpose.

The purpose of this article is to prevent contamination of groundwater and to protect the 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 cross-connected to the municipal water system are properly abandoned.

§ 20-14.  Applicability.

This article applies to all wells located on premises served by the Gillett Municipal Water System.

§ 20-15.  Definitions.

The terms used in this article shall be defined as follows:

MUNICIPAL WATER SYSTEM — A system for the provision 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 the City of Gillett.

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 excess of the standards of Ch. 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.

§ 20-16.  Abandonment required; exception.

All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this article and Ch. NR 112, Wis. Adm. Code, no later than December 31, 1990, 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 Gillett Utilities.

§ 20-17.  Well operation permit.

Gillett Utilities may grant a permit to a private well owner to operate a well for a period not to exceed five years, provided that the conditions of this section are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this section are met. Gillett Utilities, 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/Treasurer. 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 two samplings taken a minimum of two 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 cross-connections 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 the water provided by the municipal water system.

§ 20-18.  Abandonment procedures.

A.     All wells abandoned under the jurisdiction of this article or rule 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/Treasurer at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by the Utility Operator or a person designated by him.

C.     An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk/Treasurer and the Department of Natural Resources within 10 days of the completion of the well abandonment.

ARTICLE III

Sewerage Service

§ 20-19.  Definitions and word usage.

The terms used in this article shall be defined as follows. "Shall" is mandatory; "may" is permissive.

APPROVING AUTHORITY — The Utility Committee of the City of Gillett or its duly authorized deputy, agency or representative.

BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND") — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.

BUILDING DRAIN — The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER — The extension from the building drain to the public sewer or other place of disposal, also called "house connection."

CITY — The City of Gillett, Oconto County, Wisconsin.

COMMERCIAL AND INSTITUTIONAL CUSTOMERS — Those customers of the City which are not residential and do not discharge industrial wastes.

DEBT CHARGE — That charge to customers of the City which shall in whole or in part defray the costs of retiring the debt incurred in the construction of any wastewater facilities by the City. Debt charge is included in user charges.

EASEMENT — An acquired legal right for the specific 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. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE — The animal or vegetable waste resulting from the handling, preparation, cooking and serving of food.

GROUND GARBAGE — Garbage that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

INDUSTRIAL USER

A.     Any customer of the City which discharges industrial wastes and is identified in the Standard Industrial Classification Manual 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:

(1)    Division A. Agriculture, Forestry and Fishing.

(2)    Division B. Mining.

(3)    Division D. Manufacturing.

(4)    Division E. Transportation, Communications, Electric, Gas and Sanitary Services.

(5)    Division I. Services.

B.     For the purpose of this article, a user in the divisions listed is excluded if it is determined that it discharges primarily segregated domestic wastes or wastes from sanitary conveniences, or that it discharges the equivalent of 25,000 gallons per day or less of sanitary wastes, provided that such discharge does not contain pollutants which interfere with the treatment process, are toxic or incompatible, or contaminate or otherwise reduce utility of the sludge.

INDUSTRIAL WASTES — The wastewater from industrial processes, trade, or business, as distinct from sanitary sewage.

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

OPERATION AND MAINTENANCE COSTS — All costs incurred in the operation and maintenance of the City wastewater treatment works. Notwithstanding other accounting procedures as may be used by the City for other purposes, in the context of this article this class of costs shall be understood to include equipment replacement costs and debt costs.

PARTS PER MILLION (ALSO MILLIGRAMS PER LITER) — A weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

PERSON — Any individual, firm, company, association, society, corporation or group.

PH — The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of the hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.

PHOSPHORUS — The element of that name, the concentration of which in wastewater is ascertained by the test for total phosphorus, as defined in Standard Methods.

PUBLIC SEWER — A common sewer controlled by a governmental agency or public utility.

REPLACEMENT COST — The cost associated with maintaining a fund with sufficient resources to provide for obtaining and installing the equipment associated with the City's wastewater treatment works at the end of the service life of each equipment item. The yearly replacement cost is calculated by calculating the depreciation on the City's equipment accounts.

SANITARY SEWAGE — Considered to be synonymous with "domestic sewage" and "domestic wastewater" and shall mean any combination of liquid and water-carried wastes discharged from sanitary plumbing facilities. Sanitary sewage shall be assumed to have the following waste concentrations:

A.     BOD: 200 mg/l.

B.     Suspended solids: 250 mg/l.

C.     Other: no substances as prohibited or limited in § 20-23D.

SANITARY SEWER — A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground-, storm- and surface waters that are not admitted intentionally.

SERVICE CHARGE — The total charge to customers of the City.

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

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

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

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

STORM DRAIN (SOMETIMES TERMED "STORM SEWER") — A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

STORMWATER RUNOFF — That portion of the rainfall that is drained into the sewers.

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

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 discharge to the sanitary sewers and wastewater treatment facilities provided.

USER CHARGE — That charge to customers of the City which shall adequately provide for proportionate recovery of the operation and maintenance costs of the wastewater treatment works owned by the City.

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

WASTEWATER FACILITIES — The structures, equipment and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT WORKS — An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."

WPDES PERMIT — The Wisconsin Pollutant Discharge Elimination System permit which authorizes the City to discharge wastes to a watercourse, provided that the treatment of those wastes meets the conditions of the permit.

§ 20-20.  Unlawful deposits; use of public sewers required.

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

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

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

D.     The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required, at the owner's expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line, with the exception of the Orby Jones Family Complex holding tank.

§ 20-21.  Private wastewater disposal.

A.     Where a public sanitary sewer is not available under the provisions of § 20-20D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.

B.     Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the Approving Authority. The application for such permit shall be made on a form furnished by the Approving Authority which the applicant shall supplement with any plans, specifications, and other information as are deemed necessary by the Approving Authority. A permit and inspection fee as set by the Common Council[1] shall be paid to the Approving Authority at the time the application is filed.

C.     Once the approval has been received from the Approving Authority, the applicant must contact the Oconto County Zoning Office before beginning any work. The Zoning Office is responsible for all future permits and inspections.

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

E.      At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 20-20D, a direct connection shall be made to the public sewer within 90 days in compliance with this article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

F.      The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Approving Authority.

G.     No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Building Inspector or the Approving Authority.

§ 20-22.  Building sewers and connections.

A.     No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Approving Authority.

B.     There shall be two classes of building sewer permits: for industrial service and for nonindustrial service. In either case, the owner(s) or his agent shall make application on a special form furnished by the Approving Authority. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Approving Authority. A permit and inspection fee as set by the Common Council[2] for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to the Approving Authority at the time the application is filed.

C.     All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Approving Authority from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D.     A separate and independent building sewer shall be provided for every building.

E.      Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Approving Authority, to meet all requirements of this article.

F.      The size, slope, alignment, and 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 City.

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

H.     No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Approving Authority for purpose of disposal of polluted surface drainage.

I.       The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Approving Authority before the installation.

J.       The applicant for the building sewer permit shall notify the Approving Authority when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Approving Authority or his representative.

K.     All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Approving Authority.

L.      The Approving Authority shall levy a charge upon connection of a building sewer to the public sewer. The amount of this charge shall be the cost of installation as determined by the Approving Authority. This amount shall be paid by the person(s) owning the building served by the building sewer.

§ 20-23.  Use of public sewers.

A.     Sanitary sewers. No person(s) shall discharge or cause to be discharged any unpolluted waters, such as stormwater, groundwater, roof runoff, surface drainage, or cooling water, to any sanitary sewer, except that stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the Approving Authority.

B.     Inspections. Gillett Utilities will make inspections throughout the City for sump pumps connecting to sanitary sewers and illegal downspout connections. Violations will be reported to the Approving Authority. The Approving Authority shall in turn notify the Gillett Police Department for enforcement.

C.     Storm sewers. Stormwater other than that exempted under Subsection A 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 waters may be discharged on approval of the Approving Authority to a storm sewer or natural outlet.

D.     Prohibitions and limitations.

(1)    Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described water or wastes to any public sewer:

(a)     Gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas.

(b)     Water or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals or create a public nuisance in the receiving waters of the wastewater treatment plant.

(c)     Water or wastes having a pH lower than 6.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

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

(2)    The following described substances, materials, water or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm the sewers or wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb or public property or constitute a nuisance. The Approving Authority may set limitations lower than the limitations established in the regulations below if, in its opinion, such limitations are necessary to meet the above objections. In forming its opinion as to the acceptability, the Approving Authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, the capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Approving Authority are as follows:

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

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

(c)     Wastewater from industrial plants containing floatable oil, fat or grease.

(d)    Garbage that has not been property shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

(e)     Water or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Approving Authority.

(f)     Water or wastes containing odor-producing substances exceeding limits which may be established by the Approving Authority.

(g)     Radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the Approving Authority in compliance with state or federal regulations.

(h)     Quantities of flow, concentrations, or both which constitute a slug as defined herein.

(i)      Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of the Approving Authority's WPDES permit.

(j)      Water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(k)     Materials which exert or cause:

[1]    Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant.

[2]    Unusual volume of flow or concentration of wastes constituting slugs as defined herein.

[3]    Unusual concentrations of inert suspended solids (such as fuller's earth, lime slurries and lime residues) or of dissolved solids (such as sodium sulfate).

[4]    Excessive discoloration (such as dye wastes and vegetable tanning solutions.)

E.      Special arrangements. No statement contained in this article shall be construed as prohibiting any special agreement between the Approving Authority and any person whereby an industrial waste of unusual strength or character may be admitted to the sewage disposal works, either before or after pretreatment, provided that there is no impairment of the functioning of the sewage disposal works by reason of the admission of such wastes and no extra costs are incurred by the Approving Authority without recompense by the person.

§ 20-24.  Industrial wastes.

A.     Each person who discharges industrial wastes to a public sewer shall prepare and file with the Approving Authority a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Similarly, each person desiring to make a new connection to a public sewer for the purpose of discharging industrial waste shall prepare and file with the Approving Authority a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged. The minimum information required is outlined on the industrial sewer connection application called for in § 20-22B.

B.     If any waters or wastes are discharged or proposed to be discharged to the public sewers, which waters or wastes contain substances or possess the characteristics enumerated in § 20-23 and which, in the judgment of the Approving Authority, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or health or constitute a public nuisance, the Approving Authority may:

(1)    Reject the wastes;

(2)    Require pretreatment to an acceptable condition for discharge to the public sewers;

(3)    Require control over the quantities and rates of discharge; and/or

(4)    Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 20-25.

C.     Each person discharging industrial wastes into a public sewer shall construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of his wastes, including domestic sewage if required by the Approving Authority.

(1)    Control manholes or access facilities shall be located and built in a manner acceptable to the Approving Authority. If measuring devices are to be permanently installed they shall be of a type acceptable to the Approving Authority.

(2)    Control manholes, access facilities and related equipment shall be installed by the person discharging the waste at his expense and shall be maintained by him so as to be in safe condition, accessible and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the Approving Authority prior to the beginning of construction.

D.     The volume of flow used for computing industrial waste collection and treatment charges shall be the metered water consumption of the person or facility as shown in the records of meter readings maintained by the owner except as noted in Subsection F.

E.      In the event that a person or facility discharging industrial waste into the public sewer produces evidence satisfactory to the Approving Authority that more than 10% of the total annual volume of water used for all purposes does not reach the public sewer, then the determination of the water consumption to be used in computing the waste volume discharged into the public sewer may be made a matter of agreement between the Approving Authority and the person or facility.

F.      Devices for measuring the volume of waste discharged may be required by the Approving Authority if this volume cannot otherwise be determined. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed without the consent of the Approving Authority.

G.     Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determinations shall be made by the industry as often as may be deemed necessary by the Approving Authority.

(1)    Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Approving Authority.

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

H.     The Approving Authority may, at its option, install such structures and equipment and perform monitoring, sampling and laboratory analysis called for in Subsection C through G above. In such cases all structures and equipment shall be considered a part of the wastewater treatment works and the costs of construction, operation and maintenance of the same shall be incorporated in the service charge of the industrial user as outlined in § 20-25B.

I.       When, in the opinion of the Approving Authority and in accordance with 40 CFR 128 and other applicable state and federal regulations, pretreatment is required to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment facility, the person shall provide at his expense such preliminary treatment or processing facilities as may be determined required to render his wastes acceptable for admission to the public sewers.

J.       Grease, oil and sand interceptors shall be provided when, in the opinion of the Approving Authority, they are necessary for the proper handling of liquid wastes as described in § 20-23D or any flammable wastes, sands, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Approving Authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Approving Authority. Any removal and handling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.

K.     All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with 40 CFR 136 and in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Approving Authority. Determination of the character and concentration of the industrial wastes shall be made by the person discharging them or his agent as designated and required by the Approving Authority. The Approving Authority may also make its own analysis on the wastes, and these determinations shall be binding on a basis for treatment service charges.

L.      Plans, specifications and any other pertinent information relating to proposed flow equalization, pretreatment on processing facilities shall be submitted for review of the Approving Authority prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.

§ 20-25.  Sewer service charge.

A.     Basis for sewer service charges. The Approving Authority shall have the authority to establish and collect a sewer service charge for the use of the public sewers maintained by the City, subject to concurrence by the Common Council of the City.

B.     Establishment of rates. Upon establishment of the operation and maintenance costs and debt retirement costs associated with the wastewater facilities maintained by the City, the Approving Authority shall establish rates for the following classes of users:

(1)    Residential.

(2)    Commercial.

(3)    Industrial.

(4)    Public authority.

C.     Method of computing service charge. The service charge shall be based on water meter readings when available. When such meter readings are unavailable, the service charge will be based on an estimate of usage by the Utility Operator with approval of the Utility Committee.

D.     Disposition of service charges. Service charges collected by the City shall be deposited and recorded to a separate fund.

§ 20-26.  Amount of service charges.

All users shall be assessed a sewer service charge. This charge shall be based on the user's demand on and proportionate usage of the wastewater treatment facilities. The amount of these charges, also based on rates, shall be prescribed by the Utility Committee and approved by the Common Council. For the purposes of this article, the format of the sewer service rates shall be established by the Common Council of the City.

§ 20-27.  Billing practice.

A.     Billing periods and payment. The service charge shall be payable in accordance with the schedule established by the Approving Authority.

B.     Penalties. Such charges levied in accordance with this article shall be a debt due to the Approving Authority and shall be a lien upon the property. If this debt is not paid within 20 days of the date of the bill, a three-percent charge shall be added to delinquent bills. Thereafter, if payment is not received prior to November 15 of the calendar year, the delinquent bill will be forwarded to the county for placement on the succeeding tax roll. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.

§ 20-28.  Right of entry; safety and identification.

A.     A Right of entry. The Utility Operator or other duly authorized employee of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of investigations required to carry out the provisions of this article and § 196.171, Wis. Stats. He shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for wastewater treatment.

B.     Safety. While performing the necessary work on private premises as provided in Subsection A, City employees shall observe all safety rules applicable to the premises established by the company, and the Approving Authority shall indemnify the company against loss of or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of gauging and sampling operations, except as such may be caused by the negligence or failure of the company to maintain safe conditions as required in § 20-24C.

C.     Identification; right to enter easements. The Utility Operator and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of the agreement.

§ 20-29.  Damaging or tampering with sewer facilities.

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

§ 20-30.  Enforcement.

A.     Written notice of violation. Any person found to be violating any provision of this article, except § 20-27B, shall be served by the Approving Authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

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

C.     Continued violations. Any person, partnership, or corporation, or any officer, agent or employee thereof, who or which shall continue any violation beyond the aforesaid notice time limit provided shall, upon conviction thereof, forfeit an amount as provided in Chapter 1, Article II of this Code, together with the costs of prosecution. In default of payment of such forfeiture and costs, said violator shall be imprisoned in the county jail for a period not to exceed 30 days. Each day in which any violation is continued beyond the aforesaid notice time limit shall be deemed a separate offense.

D.     Liability to City for losses. Any person violating any provisions of this article shall become liable to the Approving Authority for any expense, loss, or damage occasioned by reason of such violation which the Approving Authority may suffer as a result thereof.

E.      Differences of opinion. The Common Council of the City shall arbitrate differences between the Approving Authority and sewer users on matters concerning interpretation and execution of the provisions of this article.

§ 20-31.  Annual audit.

The Approving Authority shall conduct an annual audit, the purpose of which shall be to maintain the proportionality and adequacy of the sewer service charge relative to changing system operation, maintenance and debt service costs. Said audit shall also review the relative funding of the various accounts detailed in § 20-25D.