Chapter 86

* Cross References: Health and sanitation, ch. 42; compulsory connection to sewer and water required, § 42-5; special assessments, ch. 70.

State Law References: Regulation of public utilities generally, W.S.A., §§ 196.01 et seq., 66.06; authority regarding fees, rates, etc., W.S.A., § 66.1069.

* State Law References: Authority concerning water utilities generally, W.S.A., §§ 66.521(2)(k)2., 61.34.

* Editors Note: Section I of Ord. No. 733 amended and recodified §§ 86-26--86-109, Divs. 1 and 2, in their entirety to read as herein set out. Former §§ 86-26--86-109 pertained to similar subject matter and derived from the 1966 Code, §§ 7.01--7.49, and 10.51; and Ord. No. 732, adopted April 20, 2004.

The Public Service Commission of Wisconsin, in its final decision and order of March 21, 2004, required the Village of Mukwonago to discontinue certain rules for service and adopt as the rules of the water utility those rules attached to the commission's order. The Village of Mukwonago hereby adopts, as the rules of the Mukwonago Water Utility those rules known as "Schedule No. X-1" entitled "Water Utility Operating Rules". This document shall be on file and available for inspection at the office of the water utility, the village clerks office and at the zoning administrator's office.

Connections to the water supply shall be made in accordance with the Wisconsin Administrative Code, including COMM 82.41 and NR 811.09, in a manner to prevent the possibility of contamination of the water supply, by the backflow of water from such systems, by siphonage, drainage or force.

(a) For single-family and small commercial buildings, apply the unmetered rate (schedule UG-1).

(b) For large commercial, industrial or multiple apartment buildings, a temporary metered installation shall be made and general, metered rates, Schedule (MG-1) applied.

The schedule of reconnection charges shall be specified in the most current village board resolution. There shall be no charge for disconnection.

(a) Subdivision developers shall be responsible, where the main extension has been approved by the utility, for the water service lateral installation costs from the main through the curbstop and box.

(b) When the cost of a utility main extension is to be collected through assessment by the municipality, the actual average water lateral installation costs from the main through the curbstop and box shall be included in the assessment of the appropriate properties.

(c) The initial water lateral, not installed as part of a subdivision development or an assessable utility extension, will be installed from the main through the curbstop and box by the utility, for which the actual cost will be charged.

(a) The service charge for setting the valve and furnishing and setting the meter shall be specified in the most current Village Board resolution.

(c) Refunds of deposits will be made upon return of the utility equipment. Damaged or lost equipment will be repaired or replaced at customer expense.

(a) All bulk water supplied from the water system through hydrants or other connections shall be metered, or at the direction of the utility, estimated. Utility personnel or a utility-approved party shall supervise the delivery of water.

(1) Water supplied by tank trucks or from hydrants for the purpose of extinguishing fires outside the utility's immediate service area;

(2) Water supplied by tank trucks or from hydrants for purposes other than extinguishing fires, such as irrigation or the filling of swimming pools; or

(3) Water supplied from hydrants or other temporary connections for general service type applications. (Water supplied for construction purposes, see Schedule MZ-1.)

(c) A charge for the volume of water used will be billed to the party using the water at $3.93 per 1,000 gallons. A service charge, in addition to the volumetric charge, shall be specified in the most current village board resolution. In addition, for meters that are assigned to bulk water customers for more than 30 days, the applicable service charge in Schedule MG-1 will apply after the first 30 days. The water utility may require reasonable deposits for the temporary use of its equipment under this and other rate schedules. The deposit(s) collected will be refunded upon return of the utility's equipment. Damaged or lost equipment will be repaired or replaced at the customer's expense.

(a) Where the cost of the extension is to immediately be collected through assessment by the village against the abutting property, the procedure set forth under W.S.A., § 66.0703, will apply, and no additional customer contribution to the utility will be required.

(b) Where the village is unwilling or unable to make a special assessment, the extension will be made on a customer financed basis as follows:

1. The applicant will advance, as a contribution in aid of construction, the total amount equivalent to that which would have been assessed for all property under subsection (a) of this section.

2. Part of the contribution required in subsection (b)1 will be refundable. When additional customers are connected to the extended main within ten years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under subsection (a) for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contribution received from additional customers exceed the proportionate amount which would have been required under subsection (a), nor will it exceed the total assessable cost of the original extension.

3. When a customer connects to a transmission main or connecting loop installed at utility expense within ten years of the date of completion, there will be a contribution required of the amount equivalent to that which would have been assessed under subsection (a) of this section.

(a) Application for installation of water mains in regularly platted real estate development subdivisions shall be filed with the utility.

(b) If the developer, or contractor employed by the developer, is to install the water mains (with the approval of the utility), the developer shall be responsible for the total cost of construction.

(c) If the utility or its contractor is to install the water mains, the developer shall be required to advance to the utility, prior to the beginning of the construction, the total estimated cost of the extension. If the final costs exceed estimated costs, an additional billing will be made for the balance of the cost due. This balance is to be paid within 30 days. If final costs are less than estimated, a refund of the overpayment will be made by the water utility.

(a) Under W.S.A., § 196.03(3)(b), the village has chosen to have the utility bill the retail general service customers for public fire protection service. This service shall include the use of the hydrants for fire protection service only and such quantities of water as may be demanded for the purpose of extinguishing fires within the service area. This service shall also include water used for testing equipment and training personnel. For all other purposes, the metered or other rates set forth, or as may be file with the public service commission, shall apply.

(b) Quarterly public fire protection service charges shall be specified in the most current village board resolution.

(c) Customers, who are provided service under schedules MG-1, UG-1, MGT-1, or MZ-1, shall also be subject to the charges in this schedule.

(a) Water used for extinguishing fires outside the immediate service area of the utility may consist of three types of service:

(2) Water supplied directly from hydrants located within the corporate limits, or on its borders, by means of hose lines; or

(c) A record of the measured or estimated volume of water used shall be submitted to the water utility after each use for fire protection outside the utility's immediate service area. If measuring or estimating is impossible, the water utility superintendent shall be furnished such data as: size of orifice used, pressure, and time water was permitted to flow in order to determine the volume used.

(d) A charge for the volume of water used for each fire, either through a tank supply or from hydrants, will be billed to the township or fire department. The charge shall be specified in the most current village board resolution. A service charge, in addition to the water charge, shall be specified in the most current village board resolution.

(a) Elements of service. This service shall consist of unmetered connections to the main for automatic sprinkler systems, standpipes, where the same are connected permanently or continuously to the mains and private hydrants.

(b) Quarterly demand charges. Quarterly demand charges for private fire protection service shall be specified in the most current village board resolution.

(a) Quarterly service charge. The quarterly service charges shall be specified in the most current village board resolution.

(b) Volume charge. A volume charge shall be specified in the most current village board resolution.

(c) Billing. Bills for water service are rendered quarterly and become due and payable upon issuance following the period for which service is rendered. A late payment charge of three percent but not less than $0.50 will be added to bills not paid within 20 days of issuance. This one-time three percent late payment charge will be applied only to any unpaid balance for the current billing period's usage. This late payment charge is applicable to all customers. The utility customer may be given a written notice that the bill is overdue no sooner than 20 days after the bill is issued. Unless payment or satisfactory arrangement for payment is made within the next ten days, service may be disconnected pursuant to Wis. Adm. Code, ch. PSC 185.

(d) Combined metering. Volumetric meter readings will be combined for billing if the utility for its own convenience places more than one meter on a single water service lateral. Multiple meters placed for the purpose of identifying water not discharged into the sanitary sewer are not considered for utility convenience and shall not be combined for billing. This requirement does not preclude the utility from combining readings where metering configurations support such an approach. Meter readings from individually metered separate service laterals shall not be combined for billing purposes.

A $20.00 charge will be applied to the customer's account when a check rendered for utility service is returned for nonsufficient funds. This charge may not be in addition to, but may be inclusive of, other nonsufficient funds charges when the check was for payment of multiple services.

(a) Temporary unmetered service. Where the utility cannot immediately install its water meter, service may be supplied temporarily on an unmetered basis. Such service shall be billed at the rate that is specified in the most current village board resolution. This rate shall be applied only to single-family residential and small commercial customers and approximates the cost of 16,000 gallons of water per quarter under Schedule MG-1. If it is determined by the utility that usage is in excess of 16,000 gallons per quarter, an additional charge per Schedule MG-1 will be made for the estimated additional usage.

(c) Seasonal, emergency or temporary service, MG-1. Seasonal customers* shall pay an annual seasonal service charge equal to four times the applicable service charge in Schedule MG-1. Water use in any billing period shall be billed at the applicable volume rates in Schedule MG-1 and the charge added to the annual seasonal service charge. Further, if service has been disconnected, a charge under Schedule R-1 shall be applied at the time of reconnection or meter installation. Billing shall be the same as Schedule MG-1.

* Seasonal customers are general service customers whose use of water is normally for recurring periods of less than one year.

Water service supplied to municipal buildings, schools, etc., shall be metered and the regular metered service rates applied. Water used on an intermittent basis for flushing sewers, street sprinkling, flooding skating rinks, drinking fountains, etc., shall be metered where meters can be set to measure the service. Where it is impossible to measure the service, the superintendent shall estimate the volume of water used based on the pressure, size of opening, and period of time water is allowed to be drawn. The estimated quantity used shall be billed at the rate of $3.20 per 1,000 gallons.

Any person violating any provision of this division shall be fined in an amount specified in the most current village board resolution for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

When water saving is required, the following water conservation states shall be in effect at the following times. When either stage 1, stage 2 or stage 3 water rationing is in effect, no person shall use any water in violation of any provision of this division.

(1) Stage 1 water rationing. Stage 1 water rationing will be in effect between May 1 and September 15 of every year. During this time period the following requirements will be in effect: No person shall use water to sprinkle a lawn except on those days as permitted in this subsection. Sprinkling shall be permitted on even-numbered calendar days at locations with even-numbered addresses and on odd-numbered calendar days at locations with odd-numbered addresses. These restrictions shall apply to all residences and to all businesses and institutions having lawns, gardens, trees or shrubs, and shall be followed at all parks and public buildings owned by the village. These restrictions shall not apply to any person engaged in the business of growing or selling plants of any kind.

(2) Stage 2 water rationing. Stage 2 water rationing will be in effect whenever there is an emergency water supply situation as determined by the waterworks superintendent. At such time the following requirements will be in effect:

a. The waterworks superintendent will make public announcements that stage 2 water rationing is in effect. The announcement will include a description of the restrictions.

b. No person shall use any water to sprinkle any lawn, or use water through a hose to water any garden, tree or shrub except between the hours of 8:00 p.m. and 12:00 midnight of any day on which sprinkling is permitted. Sprinkling will be permitted on Mondays and Thursdays at all locations having even-numbered addresses and Tuesdays and Fridays at all locations having odd-numbered addresses. These restrictions shall apply to all residences and to all businesses and institutions having lawns, gardens, trees or shrubs, and shall be followed at all parks and public buildings owned by the village. These restrictions shall not apply to any person engaged in the business of growing or selling plants of any kind.

(3) Stage 3 water rationing. Stage 3 water rationing shall be in effect whenever restrictions beyond stage 2 water rationing are necessary so that no water customer inside the village limits will be without water. The waterworks superintendent shall impose stage 3 water rationing when in his opinion such restrictions are required under the terms of this subsection, provided that the village board shall consider the action of the waterworks superintendent at the next meeting at which the matter may be considered. At such time the village board shall decide to: Continue the stage 3 in effect, continue it in effect with changes, or discontinue stage 3 water rationing. The following restrictions, unless modified by village board action, will be in effect:

a. The waterworks superintendent will make public announcements through the news media that stage 3 water rationing is in effect. The announcement will include a description of the provisions in effect.

b. No water will be used for sprinkling lawns, and no water will be used from a hose to water any garden, shrubs or trees. These restrictions will not apply to any person engaged in the business of growing or selling plants of any kind.

c. No water shall be used from a hose to wash automobiles, except at places of business where autos are washed on every business day either with attendants, with automatic equipment or by self-service. Any person may wash any automobile with water from a bucket.

d. No swimming pools will be filled, and no water shall be added to any swimming pool.

e. It is the policy of the village to keep stage 3 in effect for no longer than absolutely necessary. The waterworks superintendent and the village board shall take steps to lift the stage 3 restrictions as soon as lifting the restrictions will not result in any water user inside the village limits being unable to get water.

No person shall be convicted of violating this division unless such person in fact turned on water, directed the turning on of water, or kept water turned on after learning it was turned on in violation of this division, or failed to turn off automatic devices capable of turning on water in violation of this division. It will not be necessary, however, to present a witness who saw the accused turning on the water, if the circumstances indicated the accused did turn on the water.

The waterworks superintendent will make reports to the utilities commission and to the village board at every regularly scheduled meeting while stage 2 or stage 3 water rationing is in effect. The village board will review the reports and consider any changes that may be desirable in the regulations set out in this division.

The waterworks superintendent will from time to time send, along with quarterly water bills, an explanation of the regulations set out in this division.

(a) This division imposes impact fees, in order to regulate the effect of development on public facilities, and to finance public facilities, the demand for which is generated by development in the village.

(b) Impact fees shall be imposed for library, police protection, fire protection, and water and sewer service facilities.

(Ord. No. 547, §§ 7.50(2), (5), 12-20-94; Ord. No. 690, § I, 4-2-02; Ord. No. 714, § I(A), 5-20-03)

State Law References: Authority to impose impact fees generally, W.S.A., § 66.55.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building permit shall mean any permit required for new construction and additions pursuant to chapter 18 of this Code. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure, or rebuilding a damaged or destroyed structure, provided no increase in the number of dwelling units results in the case of residential development or building area in the case of nonresidential development.

Capital budget shall mean a plan for capital expenditures, including commitments, to be incurred during the budget year.

Capital improvement program (CIP) shall mean a plan for public facilities capital expenditures over a period of time.

Costs shall mean the capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities. "Costs" do not include other noncapital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities.

Development means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision or that results in nonresidential uses that create a need for new, expanded or improved public facilities within a political subdivision as defined in Section 66.06.17(1)(d) of the Wisconsin Statutes.

Impact fee shall mean a fee imposed on new development and certain changes to existing development to be collected and used for the provision of public facilities.

Mixed use development means local use of land involving both residential and nonresidential development.

Nonresidential development means any local use of land for primarily industrial or commercial purposes, or which does not fall within the definition of residential development.

Plumbing permit shall mean any permit required under section 18-86 of this Code for connections to the village's water or sewer system. As used herein, the term shall include permits required for improvements to an existing structure, or building a damaged or destroyed structure, if such improvements or rebuilding result in the property's impact on the sewerage or water system increasing by one REC or any fraction thereof.

Public facilities or public facilities project shall mean any or all of the following, which are necessary to support and are attributable to development and are identified to be financed with the imposition of impact fees:

The costs of such public facilities shall include acquisition of land, construction, improvements, equipping, and installing of same and all other work auxiliary thereto, including administrative, engineering, architectural, and legal work performed in connection with a public facilities project.

Residential development means the local use of land for the primary purpose of housing accommodations.

Residential equivalent connection (REC) shall mean a unit of measure for water and sewer related impact fees equivalent to the amount of water capacity needed to supply one residential dwelling unit. A REC as used herein, shall be equal to 200 gallons per day.

Subdivision plat shall mean a preliminary or final map of a subdivision showing the salient features of a proposed subdivision and which is submitted to an approving authority for purposes of preliminary or final consideration. As used herein, it shall also include a certified survey map.

(Ord. No. 547, § 7.50(4), 12-20-94; Ord. No. 690, § I, 4-2-02; Ord. No. 714, § I(B), (C), 5-20-03)

A violation of this division shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punished according to law. However, in addition to or in lieu of any criminal prosecution, the village shall have the power to sue in civil court to enforce the provisions of this article.

(a) Impact fees for library, police facilities and fire protection facilities.

(1) Impact fees for library, police facilities and fire protection facilities are hereby imposed upon all development within the Village of Mukwonago. The amount of fees imposed is set forth in section 86-141 of this division.

(2) Any residential property with expansion, remodeling, rehabilitating, or rebuilding that results in the creation of additional dwelling units shall be subject to impact fees.

(3) Any commercial property with expansion, remodeling, rehabilitating, or rebuilding that results in the creation of additional square footage of usable building area shall be subject to impact fees.

(1) Impact fees for water system improvements are hereby imposed on all new development and land divisions seeking to connect to the Village of Mukwonago water system. The amount of the fees imposed is set forth in section 86-141(b) of this division.

(2) For all unplatted lands, no final plat or certified survey map approval shall be given unless the impact fees set forth in section 86-141(b) are imposed and calculated pursuant to this ordinance. Water impact fees may be payable at the time of final plat or certified survey map approval.

(3) For all existing developments not subject to subparagraph (2), no plumbing or building permit shall be issued for a development unless the impact fees set forth in 86-141(b) are imposed and calculated pursuant to this division, and shall be payable at the time of permit issuance.

(4) Any new residential property or existing residential property with expansion, remodeling, rehabilitating, or rebuilding that results in the creation of additional dwelling units shall be subject to impact fees.

(5) Any new nonresidential property or existing nonresidential property with expansion, remodeling, rehabilitating, or rebuilding that results in the creation of additional water or sewerage system capacity shall be subject to impact fees.

(1) Impact fees for sewer system improvements are hereby imposed on all new development and land divisions seeking to connect to the Village of Mukwonago sewer system. The amount of the fees imposed is set forth in section 86-141(c) of this division.

(2) For all developments, no plumbing or building permit shall be issued for a development unless the impact fees set forth in section 86-141(c) are imposed and calculated pursuant to this division. Sewer impact fees shall be payable at the time plumbing or building permits are issued in the same manner as set forth in section 86-240(d) of this division.

(3) Any new residential property or existing residential property with expansion remodeling, rehabilitating, or rebuilding that results in the creation of additional dwelling units shall be subject to impact fees.

(4) Any new nonresidential property or existing nonresidential property with expansion, remodeling, rehabilitating, or rebuilding that results in the creation of additional water or sewerage system capacity shall be subject to impact fees.

(Ord. No. 547, § 7.50(6), 12-20-94; Ord. No. 690, § III, 4-2-02; Ord. No. 693, § I, 8-6-02; Ord. No. 714, § I(D), 5-20-03)

(a) Alterations to or expansion of an existing building where no additional water and sewer connections are requested and where the alterations will not result in additional use of the water or sewerage systems shall be exempt from water and sewer facilities impact fees.

(b) The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water and/or sewer connections are requested and where the use is not changed.

Any claim of exemption must be made no later than the time of application for connection to the village's water system. Any claim not so made shall be deemed waived.

(1) Residential development. The following fee schedule per residential unit shall apply:

(2) Commercial and industrial development. The following fee per square foot of building area shall apply:

Year	Fee	Year	Fee
2003	$1,413.00	2012	$1,844.00
2004	1,455.00	2013	1,899.00
2005	1,499.00	2014	1,956.00
2006	1,544.00	2015	2,014.00
2007	1,590.00	2016	2,075.00
2008	1,638.00	2017	2,137.00
2009	1,687.00	2018	2,201.00
2010	1,738.00	2019	2,267.00
2011	1,790.00	2020	2,335.00

Year	Fee	Year	Fee
2003	$1,254.00	2012	$1,637.00
2004	1,292.00	2013	1,686.00
2005	1,331.00	2014	1,736.00
2006	1,371.00	2015	1,788.00
2007	1,412.00	2016	1,842.00
2008	1,454.00	2017	1,897.00
2009	1,498.00	2018	1,954.00
2010	1,543.00	2019	2,013.00
2011	1,589.00	2020	2,073.00

In the case of change of use, redevelopment, or expansion or modification of an existing use which requires a new, replacement, or additional connection to the village's water and sewerage systems, the impact fee shall be based upon the net increase in the amount of capacity required in terms of a residential equivalent connection according to the schedule above.

(d) REC schedule. The village shall determine the applicable number of RECs for each property by using one REC, or the actual number of RECs determined for that property based on the schedule below, whichever is higher. The following schedule shall be used for determining the water and sewer impact fees as set out in subsections (b) and (c) above:

Residential	RECs
Single-family unit	1.00
Duplex	2.00
Multifamily (1 bedroom)	0.50
Multifamily (2 bedroom)	0.75
Multifamily (3 bedroom)	1.00

Nonresidential	RECs
Commercial (per acre)	2.64
Industrial (per acre)	1.66
Public (per acre)	4.30

(Ord. No. 547, § 7.50(7), (13), 12-20-94; Ord. No. 690, § IV, 4-2-02; Ord. No. 714, § I(F), 5-20-03)

(a) Payment of fee. The fee payer shall pay all impact fees required by this division to the village clerk prior to issuance of a building or plumbing permit in the case of library, police, fire and sewer facilities impact fees. In the case of water facilities impact fees the fee payer shall pay all impact fees required by this division to the village clerk prior to final plat or certified survey map approval. For existing developments that have not paid impact fees prior to the effective date of this division, impact fees will be imposed and calculated prior to building or plumbing permit issuance.

(b) Separate fund account required. All funds collected shall be properly identified by and promptly transferred for deposit in the appropriate water facilities impact fee fund to be held in a separate account as determined in section 86-143 and used solely for the purposes specified in this article.

(c) Refund. Any funds not expended or encumbered by the end of the calendar quarter immediately following 20 years from the date the impact fee was paid shall, upon application of the then current landowner, be returned to such landowner with interest, provided that the landowner submits an application for a refund to the village clerk within 180 days of the expiration of the 20-year period.

(Ord. No. 547, § 7.50(8), (11), 12-20-94; Ord. No. 714, § I(G), 5-20-03; Ord. No. 770, § I, 9-20-05)

(a) There is hereby established a separate impact fee fund. All impact fees collected shall be deposited into a segregated interest bearing account. A separate accounting shall be maintained for impact fees for library facilities, police facilities, fire protection facilities, and water and sewerage system facilities.

(b) Funds withdrawn from these accounts must be used in accordance with the provisions of section 86-144.

(Ord. No. 547, § 7.50(9), 12-20-94; Ord. No. 690, § V, 4-2-02; Ord. No. 714, § I(H), 5-20-03)

(a) Funds collected from impact fees shall be used solely for the purpose of making capital improvements for facilities identified in the water facilities impact fee report and the library, police facilities and fire protection facilities impact fee report and shall not be used for operations or maintenance expenses.

(b) If bonds or similar debt instruments are issued for advanced provision of capital facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in subsection (a) of this section.

(c) At least once each fiscal period the village clerk shall present to the village board a proposed capital improvement program for library, police, fire protection and water facilities. This capital improvement program shall include an assignment of funds, including any accrued interest, from the impact fee trust fund to specific capital improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same impact fee trust fund until the next fiscal period, except as provided by the refund provisions of this article.

(a) Notice of appeal. Any developer upon whom an impact fee has been imposed may contest the amount, collection or use of the impact fee by filing a notice of appeal to the village board. The notice of appeal shall be filed with the village clerk within thirty (30) days of the date of the determination appealed from. The notice of appeal shall state in detail the relief sought by the developer and any legal or factual basis for the relief requested; and shall include all supporting documentation upon which the developer relies in making the appeal.

(b) Appeal bond. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the village attorney in an amount equal to the impact fee due, as calculated by the village clerk or the clerk's designee, and all other requirements have been satisfied, the plumbing or building permit may be issued or the final plat may be approved. The filing of an appeal shall not stay the collection of the impact fee due unless a bond or other sufficient surety has been filed.

(1) Within ten business days of the date of filing of the notice of appeal, the village clerk shall forward a copy of the notice of appeal to the appropriate department head. Within 30 business days of receipt, the appropriate department head shall submit a written report and recommendation to the village clerk. The village clerk shall review this report and make a written recommendation to the village board.

(2) Within 45 days of the date of the village clerk's written recommendation, the village board shall adopt a resolution denying, approving, or approving in part the appeal.

(a) Before enacting an ordinance that amends division 4, the village board shall hold a public hearing on the proposed ordinance or amendment.

(b) Pursuant to W.S.A., § 66.0617, notice of the public hearing referred to in the preceding section shall be published as a class 1 notice under W.S.A., ch. 985, and shall specify where a copy of the proposed ordinance or amendment and the public needs assessment may be obtained.

(c) Before enacting an ordinance that imposes impact fees or amending an ordinance that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a needs assessment shall be prepared and made available for public inspection and copying as required by W.S.A., § 66.0617.

The application to this article, its rules, regulations and rates shall apply to all persons residing within the corporate limits of the village and any person, by attachment or otherwise coming in to locate within the village subsequent to the effective date of the ordinance from which this section is derived.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500) and Pub. L. 93-243, or modified by W.S.A., ch. 147, or the appropriate section of Wis. Adm. Code adopted pursuant to W.S.A., ch. 147.

Approving authority means the village board or its duly authorized deputy, agent or representative.

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

Building sewer, lateral and service pipe means a sewer which carries only sewage and industrial wastes from the building plumbing to the public sanitary sewer.

Collection system means the system of sewers and appurtenances for the collection, transportation and pumping of domestic wastewater and industrial waste.

Debt retirement means the annual principal and interest requirements and obligations of the utility for the wastewater works.

Domestic wastewater means 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 200 mg/l.

Flow proportional composite sample means a sample consisting of portions of waste taken in proportion to the volume of flow of the wastes.

Industrial cost recovery means recovery by the grantee (utility), from the industrial users of a wastewater works, of the grant amount allowable to the treatment of wastes from such users pursuant to section 204(b) of the Federal Act.

Industrial user means any nongovernmental, nonresidential user of publicly owned wastewater works which discharges more than the equivalent of 25,000 gallons per day (GPD) of sanitary wastes and whose activities are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:

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

In determining the amount of a user's discharge for purposes of industrial cost recovery, the grantee may exclude domestic wastes or discharges from sanitary conveniences. After applying the sanitary waste exclusion, dischargers in the above divisions that have a volume exceeding 25,000 GPD or the weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 GPD of sanitary waste are considered industrial users. Sanitary wastes, for purposes of this calculation of equivalency, are the wastes discharged from residential users. Any nongovernmental user of a publicly owned wastewater works which discharges wastewater to the wastewater works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, to injure or to interfere with any sewage treatment process, which constitutes a hazard to humans or animals, creates a public nuisance, creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works shall be an industrial user, even if it does not discharge the equivalent of 25,000 gallons per day of sanitary wastes.

Industrial waste means 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 means 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 treatment works, or is to serve in lieu of an existing or proposed treatment works.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

Normal sewage means sanitary sewage in which BOD, suspended solids, or phosphorus concentrations do not exceed normal concentrations of:

Operation and maintenance cost means the actual sums spent by the utility in the operation and maintenance of its wastewater works consisting of, but not limited to, each and all of the following purposes:

(1) Wages and salaries and employees related expenses of operating, maintenance, clerical, laboratory and supervisory personnel, together with fringe benefits and premiums paid on such wages and salaries for the state workers' compensation coverage.

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

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

Public sewer means a sewer in which all owners or abutting properties have equal rights and which is controlled or owned by public authority.

Replacement means 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.

Residential equivalency charge means a charge levied on users for debt retirement. The charge shall be based on the total debt retirement divided by the number of existing resident equivalent connections (REC).

Residential equivalent connection means the amount of sewage contributed to the system from a single-family residence, based on the following criteria which will be recomputed each year:

Sanitary sewer means a sewer that conveys domestic wastewater or industrial waste or a combination of both, and into which stormwater, surface water and groundwater or unpolluted industrial wastewater are not intentionally passed.

Sewer use charge means a charge levied on users for operations and maintenance and replacement costs, based on a cost per 1,000 gallons of flow.

Slug means 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 five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

Standard methods means 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, American Water Works Association and the Water Pollution Federation.

Storm sewer means a sewer which carries stormwater and surface drainage but excludes domestic wastewater and industrial wastes.

Superintendent means the superintendent of the wastewater treatment plant who shall be in charge of and supervise the operations and functions of the wastewater treatment plant.

Surcharge means an additional charge related to industrial wastes being discharged by any user having unusual characteristics such as excessive BOD, excessive suspended solids or other pollutants.

Suspended solids means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods.

Unpolluted water means 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 means any person discharging domestic wastewater or industrial wastes into the collection system.

Waste means any solids, liquid or gaseous material or combination thereof discharged from any residences, business building, institutions and industrial establishments into the collection system or storm sewer.

Wastewater means a combination of the water-carried waste discharged into the collection system from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.

Wastewater pumping station means a pumping facility utilized to pump wastewater within the collection system.

Wastewater treatment facilities means any utility-owned facility, devices and structures used for receiving and treating wastewater from the utility collection system.

Wastewater works means all facilities for collecting, pumping, treating and disposing of domestic wastewater and industrial wastes.

WPDES permit means a permit to discharge pollutants obtained under the state pollutant discharge elimination system (WPDES) pursuant to W.S.A., ch. 147.

The village board, pursuant to the provisions of W.S.A., § 66.067, does hereby declare the village-owned sewer system, consisting of the wastewater treatment plant, collection system, waste collection and disposal operations, sewer system and all other appurtenances and equipment used for such purposes, or wastewater works a public utility as of January 30, 1980.

(a) The operation, management and control of the utility is hereby vested in the village board as a utility board pursuant to the provisions of W.S.A., § 66.066(1), and referred to in this article as the approving agency. All records of the utility shall be kept by the village clerk-treasurer and superintendent in the village hall or other officially designated place.

(b) The rules, regulations and rates set forth in this article shall be considered part of the contract with every individual or entity connected to the wastewater works. 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.

(c) The village board shall cause an annual audit of the books of the utility made by the state bureau of municipal audit or a private firm of certified public accountants and shall make the books and records relating to the utility available for inspection during regular business hours.

(a) Any person who fails to comply with any of the provisions of this article or with an order of the approving authority issued in pursuance of this article, who 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 litigations and, upon conviction of any violation of this article, shall be fined not less than $100.00 nor more than $2,500.00 per violation, plus damages. Each day a condition is allowed to exist which is contrary to all or any part of this article shall constitute a new violation. Change of ownership or occupancy of premises delinquent under the provisions of this article shall not be cause for reducing or eliminating charges due and penalties for violations.

(b) If any user shall discharge a waste or wastewater with BOD concentration of 900 mg/l or greater, as defined in section 86-257(13), such user shall pay a penalty of $200.00 per violation. Each day a violation occurs shall constitute a separate violation. Such penalty shall be added to the monthly or quarterly billing statement.

(c) In addition to the court proceedings and penalties described in subsections (a) and (b) of this section, whenever a person violates any provision of this article or fails to comply with any order of the approving authority, the approving authority may order that an action be commenced on behalf of the utility in the county circuit court for the purpose of obtaining an injunction restraining the person violating this article or failing to comply w ith the order, from making any further discharges into the wastewater treatment facilities of the village.

The village shall operate the sewer utility and enforce this article in accordance with section NR 128.13 of the Wis. Adm. Code. The main items included in section NR 128.13 of the Wis. Adm. Code are as follows:

(1) The village shall maintain a proportionate distribution of operation and maintenance costs among users and user classes.

(2) The village shall generate sufficient revenues to pay total operation, maintenance and replacement costs.

(3) The village shall apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.

(4) All user charges specifically collected for replacement shall be deposited in a separate and distinct fund which shall be used exclusively for replacement.

(5) Users discharging toxic pollutants shall pay for any increased operation, maintenance and replacement costs caused by the toxic pollutants.

(6) Users shall be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.

(7) This article shall take precedence over any terms or conditions of agreement of contracts between the village and users which are inconsistent with the requirements of section NR 128.13 of the Wis. Adm. Code.

The village shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurements, sampling and testing, in accordance with provisions of this article.

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.

The sewer service charges levied pursuant to this article shall be collected by the village in the same manner and in the same place that the water bills are collected and paid.

Bills for sewer service not paid within the first 15 days of each month of each collection period shall be considered delinquent and shall be increased by a penalty of ten percent.

Each sewer service charge is made a lien upon the corresponding lot, land or premises serviced by a connection to the sanitary sewer system, and if the same is not paid within the period allotted for such payment, the charge shall constitute a lien on the property served and be inserted in the village tax roll, as provided in the state statutes.

The village board finds and declares that the public health, comfort and safety is preserved and enhanced by the provisions of the wastewater works in the promotion of a clean and healthful environment and that the failure to connect to the wastewater works is contrary to minimum health standards.

(a) Required; notice. To ensure preservation of public health, comfort and safety, the owner of any houses, buildings, or properties used for human occupancy, employment, recreation, or other habitations, situated within the 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 to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within nine months after the public sewer first becomes operational, or if an immediate health hazard exists within 30 days upon receipt of notice from the building inspector.

(b) Failure to comply with notice; village to connect; payment; lien; installment payment; standby charges. If a person fails to comply with the notice to connect within the given period of time the utility may, at its option:

(1) Cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such costs shall be assessed as a special tax lien against the property, unless the owner, within 30 days after the completion of the work, files a written option with the village clerk stating that he cannot pay such amount in one sum and asking that it be levied in not to exceed five equal annual installments. The amount shall be so collected with interest at the rate of eight percent per annum from the completion of the work, the unpaid balance to be a special tax lien; or

(2) Impose a standby charge for the period that such failure continues, after ten days' written notice to any owner failing to make a connection to the wastewater works or an amount equal to 150 percent of the residential equivalency charge, payable monthly for the period in which the failure to connect continues, and, upon failure to make such payment, the charge shall be levied as a tax against the lot or parcel to which sewer service was furnished.

State Law References: Authority regarding standby charges generally, W.S.A., § 66.069(1)(a).

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

(b) No person shall discharge to any natural outlet within the village or 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 article.

No downspout, cistern overflow, drain tile, water cooled air conditioning, privies or septic tanks shall be connected to the public sewer system or any pipe connected to the public sewer system.

No plumber, pipefitter, or other person will be permitted to do any plumbing or pipefitting work in connection with the wastewater works without first receiving a license from the state.

All public sewer mains within the limits of the village shall be maintained and repaired by the utility without expenses to the property owner, except when they are damaged as a result of negligence or carelessness on the part of the property owner or occupant, in which case they will be repaired at the expense of the property owner. All sewer services from the sewer main to and throughout the premises shall be maintained free of defective conditions by and at the expense of the owner of the property.

(a) Application for service; charges; approval and rejection; issuance; expenses. Every person requesting connection to the wastewater works shall file an application in writing to the utility, in such form as is prescribed for that purpose. Blanks for such applications will be furnished at the office of the village clerk. The application must 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 must obtain further application and permission from the utility. If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. The application may be for service to more than one building, or more than one unit of service through one service connection; and, in such case, charges shall be made accordingly. If it appears that the service applied for will not provide adequate service for the contemplated use, the utility may reject the application. If the utility approves the application, it shall issue a permit for services as shown on the application. All expenses relating to the connection to the wastewater works shall be paid by the applicant or owner.

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

(c) To keep service pipes in repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense; and shall prevent any unnecessary overburdening of the wastewater works.

(d) Use. No user shall allow other persons to connect to, or permit other uses to be made of, the wastewater works through his lateral.

(e) Inspections to be permitted. Every user shall permit the utility or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures and the manner in which the drains and sewer connections operate. They must at all times, frankly and without concealment, answer all questions put to them relative to the use of the same.

(f) Responsibility. No claim shall be made against the utility or its agents or employees by reason of the breaking, clogging, stoppage, or freezing of any service pipe; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary by the utility, absent gross negligence of the utility, 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 shall become necessary to shut off the sewer service within any areas of the village, the utility shall, if practicable, give notice to each affected user.

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

(b) No person shall leave any such excavation made in any street or highway open at any time without barricades, and, during the night, warning lights must be maintained at such excavations.

(c) All services within the public right-of-way shall have their trenches backfilled with compacted sand and gravel unless the excavated material is approved by the village. Such work, together with the replacing of sidewalks and paving, must be done so as to make the street as good, at least, as before it was disturbed, and satisfactory to the village. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.

(d) All construction within the public right-of-way shall be performed according to the latest edition of "Standard Specifications for Sewer and Water Construction in Wisconsin."

(a) All laterals on private property will be installed in accordance with Wis. Adm. Code, ch. H-62.04(4) "Building Sewers," as from time to time amended.

(b) The building sewer shall be inspected by the superintendent or his designee upon completion of placement of the pipe and before backfilling, and tested before and after backfilling.

(a) No persons, except those having special permission from the utility, or persons in their service and approved by them, will be permitted under any circumstances to tap the public sanitary sewers. The kind and size of the connection with the public sanitary sewers shall be that specified in the permit or order from the utility.

(b) Pipes should always be tapped at the top, and not within six inches (15cm) of the joint, or within 24 inches (60cm) of another lateral connection.

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

(a) All stacks, main branches and vents shall be made of extra heavy cast iron coated with tar or asphaltum, galvanized wrought iron, galvanized steel, lead, brass or copper pipe. No galvanized, steel or iron pipe shall be laid underground. Bonding of brass or galvanized pipe is prohibited.

(b) Different sizes of pipes or pipes and fittings shall be connected by proper size increasers or reducers.

(c) Protection. All pipe, unless entirely impracticable, shall be placed within the walls of the structure; shall be as direct as possible and shall, together with all traps, cleanouts and fixtures, be protected from the frost. Protection from frost in outside walls shall be provided by adequate insulation which may consist of proper air spacing, approved insulating materials, warm air circulation, cold air draft stops between joists or studding, or any combination of these.

(a) All stacks shall extend full size through the roof. All stacks shall be substantially supported and shall be provided with floor rests or other substantial supports at intervals of floors or ten feet. Horizontal piping shall be supported at intervals not to exceed ten feet. Horizontal cast iron pipe shall be supported at intervals of not more than five feet. Lead, copper and like piping shall be adequately supported to prevent sagging. All pipe supports shall be made of heavy iron posts, wall hangers or brackets and concrete or masonry piers.

(b) Size shall be determined by the number of fixtures connected to the stack. If the pipe grade is 45 degrees or more, the same unit capacity as for vertical stacks will be permissible. The minimum stack size shall be three inches. A long sweep one-quarter bend, two one-eighth bends, or a Y and one-eighth or one-sixth bend, or its equivalent, shall be used at the base of all stacks. When such fittings constitute the connection between a stack and drain, and the drain is of larger size than the stack served, the increase shall be made at the union of the stack and base fittings, and no such bend or fitting shall be less than four inches in diameter.

(a) Generally. All branches extending from a stack running vertically, horizontally, or both, shall be carried full size to fixture connections and shall be vented or revented to conform with the provisions of the state plumbing code.

(b) Grade. All horizontal pipes shall be in alignment, and at the uniform grade of one-quarter inch per foot or more.

(c) Direction. All changes in direction shall be made by the proper use of 45 degree Ys, half Ys, long sweep quarter bonds, sixth, eighth or sixteenth bonds, or with fittings producing a like radius, except that single or double sanitary Ts may be used to install a 45 degree Y with an eighth bend. Short quarter bends may be used where the change in direction of flow is from the horizontal to the vertical and for closet discharge connections. No common make double sanitary tee shall be used on either a vertical or horizontal stack or branch serving wall hung closet bowls.

(d) Supports. All hangers, pipe supports and fixture settings shall be securely made. All drainage pipes shall be rigidly secured and supported so that proper alignment is retained.

(a) Generally. Fixtures located on the same floor discharging into a double Y or sanitary tee cross may be vented by a single vent pipe. Fixtures located on opposite sides of a wall or partition in the same building, or directly adjacent to each other, may have a common vent pipe. No vent shall be taken off the crown of a trap. Any back vent serving a trap shall be connected as close to the trap as possible, but in no case shall the distance be more than 24 times the inside diameter of the branch.

(b) Grade. All vent and back vent pipes shall be free from drops or sags, and shall be so graded and connected as to drip back to the stack or branch by gravity. Whenever it becomes necessary to trap a horizontal vent pipe, it shall be drained back into a stack or branch by gravity. A loop vent may be installed as provided by the state plumbing code.

(c) Size. Size shall be determined from the number of fixture units connected thereto, as provided by the state plumbing code. A branch pipe, to which two and not more than eight fixtures are connected, may be vented by a circuit vent, which shall be taken off ahead of the last fixture. Where fixtures discharge above a branch served by a vent, each such branch shall be provided with a relief wet or dry vent, taken off ahead of the first fixture, with a diameter of not less than one-half the size of the stack. No relief vent shall be less than 1 1/2 inches in diameter. Vents for water closets shall be of the following sizes:

(d) Termination. All vents shall run separately through the roof, be reconnected at least 12 inches below the roof; or be reconnected to the main vent pipe not less than 38 inches above the highest floor on which fixtures are placed. No fittings for future connections shall be placed in pipe above the point of revent connection. No vent pipe through a roof shall be less than four inches in diameter. Changes in diameter shall be made by means of a long increaser at least one foot below the roof. The roof terminals of all vent pipes shall extend at least three feet above any door, window, scuttle, air shaft or other opening used for ventilation when located at a distance less than 12 feet from such terminal.

(a) Generally. Each fixture shall be separately trapped by a water seal trap placed as near to the fixture as practical. Laundry trays, washtubs, or double compartment sinks may waste into single traps. The use of S traps is prohibited. Every trap shall be protected to prevent siphonage or back pressure by ensuring air circulation with a vent or back vent.

(b) Design. No trap shall be used which depends upon the action of movable parts for its seal; which depends upon concealed destructible interior partitions for its seal; or which, in case of a defect, would permit the passage of sewer air. Every trap shall be self-cleansing. The water seal shall be at least two inches.

(c) Material. Material shall be either vitreous china, clay, lead, brass, cast or malleable iron. Cast traps shall be coated on the inside and outside with an approved rustproof coating.

(d) Installation. All traps shall be so located as to be accessible, rigidly supported, set true with respect to their water level and protect their seals. No fixture shall be double trapped, and there shall be no traps at the base of stacks.

(a) Generally. A four-inch cleanout with a brass screw cover shall be provided at a point where the drain leaves the structure. This cleanout shall be extended from the drain with a cast iron pipe to the surface of the finished floor or grade and shall not be less than two inches above the finished floor or grade. Where the drain or a branch to a stack exceeds 25 feet in length, an additional cleanout shall be provided for such stack Located at a point 28 to 30 inches above the floor. Such cleanouts shall be equal to the full size of the stack. Cleanouts at the base of stacks shall be placed in a vertical position, so that access can be secured to the stack as well as to the drain. Cleanouts shall be provided in connection with batteries of water closets, urinals, wash basins, sinks and showers at such points that all parts of the branches may be reached conveniently for cleaning or removal of stoppages. Pipes from sinks or other similar fixtures discharging greasy wastes shall have sufficient accessible cleanouts spread over their entire length. All small fixture traps shall be provided with trap screw cleanouts. All fixture traps and cleanouts shall be located as to be accessible for cleaning or removal of stoppages.

(b) Size of pipe. Pipe cleanouts shall be the same size as the pipe, up to four inches in diameter, and not less than four inches for larger pipe.

All fixtures shall be of such design, material and construction as to ensure durability, proper service and sanitation. All fixtures shall be installed or set free and open from all enclosing work. Where practicable, all pipes from fixtures shall be run to the wall. Backgrounds, except under special conditions, shall be provided for the securing of all wall fixtures or hangings. Outlet passageways shall be free from impairments and of sufficient size to ensure proper discharge of the fixture contents, under normal conditions. Outlet connections shall be such that a permanent airtight and watertight joint can be readily made between the fixture and the drainage system.

All drinking fountains shall be made of earthenware, vitreous chinaware, enameled ironware or other impervious material. The bowl shall be so designed and proportioned as to be free from corners, readily cleaned, and prevent unnecessary splashing at the point where the jet falls into the bowl. The nozzle shall be of nonoxidizing impervious material and shall have no fouling space or enclosures making cleaning difficult or inducing unsanitary conditions. The jet shall be inclined and the orifice shall be higher than the rim of the wastewater receiving bowl. Drinking fountains shall not be installed in toilet rooms.

All showers, except those directly over unexcavated portions of a building, or where a shower receptacle is used, shall be safed with a noncorrosive material beneath the entire shower stall and upward along the sides of the stall for a distance of at least six inches. The safing shall be properly drained and coated with asphaltum.

All water closets shall be made of vitreous chinaware. The bowl and trap must be made of the combined pattern in one piece. They shall hold sufficient quantity of water and be of such shape and form that no fecal matter will collect on any surface of the bowl. All water closet bowls shall be equipped with adequate flushing rims, so as to flush and scour the bowl properly when discharged. Not more than one water closet bowl shall be connected to a three-inch branch. Water closets located back to back shall not be connected with a sanitary cross, but shall be connected by double Ys and one-eighth bends.

(a) Generally. Urinals shall be made of material impervious to moisture and which will not corrode under the action of urine. Urinals shall be of such materials, design and construction so that they may be properly flushed and kept in a sanitary condition.

(b) New installations. New installations shall consist only of individual urinals. These urinals shall be of porcelain or vitreous china; set into the floor; the floor graded toward the urinal; and equipped with an effective automatic tank or a satisfactory foot operating flushing device. All automatic flushing devices shall be so adjusted as to cause thorough flushing of the urinal at regular intervals. A battery of not more than four stall urinals may be flushed with one automatic tank, providing the flush pipe is so sized and graded as to ensure sufficient pressure, volume and equal distribution of the tank contents.

All grease separators, refuse separators, sumps, ejectors, etc., shall be installed and sized as required by the state plumbing code.

The sewer service charge shall be based on two parts, the residential equivalency charge, plus the sewer use charge. If any person discharging sewage into the public sewer system procures any part, or all of his water from sources other than the village water utility, the person 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 section 86-263.

(a) A residential equivalency charge is hereby imposed upon each lot, parcel of land, building or premises served by the wastewater works or otherwise discharging sewage, including nondomestic and industrial wastes, into the system. Such residential equivalency charge shall be payable as provided in this division and shall be on the basis of one unit for each residential equivalent unit.

(b) On or before September 1 of every year the village clerk shall recompute the assignment of residential equivalent units to all users within the system. Such summation of residential equivalent units will then be divided into the yearly debt service to arrive at the charge per residential unit. The recalculation shall be based upon the average water used by each customer, other than single-family dwellings, for the quarters ending March, June and December compared to the average amount of water used by all single-family dwellings for the quarters ending March, June and December. The assignment method shall apply only to buildings that are attached to and are customers of the village water utility. Other users shall be assigned REC's in accordance with section 86-263. The residential equivalency charge chart is attached as Appendix A of this article.

(a) A sewer use charge is hereby imposed upon all users of the wastewater works based upon the metered water used thereon or therein as calculated by the water utility. On or before September 1 of every year, the village clerk shall recompute the sewer use charge per 1,000 gallons of water used. This charge shall be computed by dividing the proposed net yearly operation and maintenance budget by the previous year's average water consumption. The residential water consumption for sprinkling during the quarter ending in September and any refrigeration, air conditioning system or industrial cooling water not entering the sewer system shall not be used in computing the sewer use charge.

(b) For residential users during the quarter ending September 30, the charge shall be the same as that assessed for the last quarter previous, ending June 30, unless the water consumption for this quarter is less than that for the quarter ending June 30, in which case the charge shall be for the actual water used. For all other users, the charge shall be per 1,000 gallons based on the metered water used.

Sec. 86-239. Industrial and commercial charges for other than domestic wastewater.Charges for wastewater other than domestic wastewater shall be based on flow, BOD, suspended solids, phosphorus and such other constituents which affect the cost of collection and treatment. All persons discharging wastes into the wastewater works 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 an industrial waste metering installation. The amount of surcharge shall reflect the cost incurred by the utility in removing BOD, suspended solids, phosphorus, 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.

(a) Levied and assessed. There is hereby levied and assessed upon each lot or parcel of land currently within the village, but not having an existing connection to the wastewater works and upon land subsequently attached to the village, a reserve capacity assessment (RCA). Such RCA charge shall be payable as provided in this section and shall be on the basis of one RCA charge for each residential equivalent connection connected to the wastewater works.

(b) Existing and future connections. For the purpose of this article, sewer connections in the village shall be classified as existing connections or future connections. Existing connections shall be those in existence and connections for which a sewer connection permit has been issued and construction started as of 11:59 p.m., March 31, 1980. Future connections shall be those not in existence as of 11:59 p.m., March 31, 1980.

(c) Schedule of charges. The reserve capacity assessment for a single-family residence shall be $900.00, which shall also be the unit of charge for a residential equivalent connection. The village engineer shall determine the residential equivalency units for all other categories of buildings. Special charges may be determined by the approving authority for large commercial or industrial users. The RCA charge shall be increased annually in the amount of $50.00 beginning January 1, 1981.

(d) Payments. There shall be no RCA charge for existing connections. Payments for RCA charges for future connections that total less than 12 RCA's for any one building shall be made in full upon the issuance of a building permit. Payments for RCA charges that total 12 or more RCA's for any one building shall be paid either in one lump sum or as follows:

(3) The remaining charges to be paid out in 12 equal installments, due on or before the first of each month.

(4) If any of the monthly payments are not paid when due, then the entire amount shall immediately become due and become a lien against the property that shall be placed upon the tax bill for the property. Interest of 1.5 percent shall be assessed on the entire amount due and owing. The interest shall be calculated from the date of issuance of the building permit. An administrative fee of ten percent of the amount placed upon the tax bill shall also be assessed.

The owner of each premises to which sewer service has been provided by the utility, but not connected to the wastewater works for sewer service, shall pay for the availability thereof a ready-to-serve charge of 90 percent of the rate provided by section 86-237. 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.

It is understood, however, that the approving authority may, at any time hereafter, set special rates for any large commercial service, industrial use or any other unique user that does not readily fit into other categories of users.

(a) Monthly billing; due date; penalty. Sewer service charges may be billed monthly 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 article shall become due and payable within 20 days from and after the date of the statement. If any such statement is not paid when due, a penalty of ten percent will be added thereto.

(b) Responsibility for payment. 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 and/or occupant and delivered to the addressee by first class mail.

(c) 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.

(d) Delinquent bills; notice of arrears; penalty; lien. On October 15 in each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which service has been furnished prior to October 1 and for which payment is owing and in arrears at the time of giving such notice. The utility shall furnish the village treasurer with a list of all such lots or parcels of real estate, and the notice shall be given by the village treasurer. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such utility; that unless the same is paid by November 1, a penalty of ten percent of the amount of such arrears will be added thereto; and that unless such arrears and penalty is paid by November 15, the same will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent, as specified. 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 address of such lot or parcel of real estate. On November 16, the village treasurer issuing the notice shall certify and file with the village clerk a list of all lots or parcels of real estate, giving the legal description thereof and the amount of unpaid arrears and penalty. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent, and 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 the tax if the same is not paid within the time required by law for payment of taxes upon real estate.

(a) Costs of operation and maintenance; depreciation reserve; bond payments. The rates and charges set forth in this division shall be applicable to all services furnished and made available by the wastewater works to the village and its inhabitants, and all other persons, firms and corporations, both public and private, until modified by ordinance amendatory hereof or supplemental hereto, provided such rates and charges, as amended, shall always be fixed, maintained and collected in such amount as shall produce gross revenues adequate to pay as incurred all costs of the operation and maintenance of the utility, to accumulate an adequate reserve for the depreciation thereof, and to pay, when due, the principal of and interest on all bonds of the utility which are payable from the revenues of the wastewater works.

(b) Revenue fund. The funds received from the collection of the sewer service charges authorized by this article shall be credited to a sewer system revenue fund and shall be set aside into the separate and special funds heretofore provided for by the approving authority for the reasonable and proper operation and maintenance of the wastewater works, for a proper and adequate depreciation account, and for the payment of the interest and principal of bonds issued and outstanding, or which may be hereafter issued to provide funds to construct, improve or extend the wastewater works.

(c) Additional payments. When appropriated by the approving authority, the credits to the depreciation account remaining after the payment of operation and maintenance costs and interest and principal of bonds issued shall be available for the payment of the following uses:

(3) New primary sewer mains and installation of new primary sewer mains in excess of such charge or cost, payable by statutory assessment.

(6) Repairs, renewals or expansion of the wastewater works in excess of $5,000.00.

(d) Surplus. Any surplus in the account shall be available for the payment of principal and interest of bonds issued and outstanding, or which may be issued to provide funds for the wastewater works or part thereof, and all or a part of the expenses for additions and improvements and other necessary disbursements or indebtedness, together with other uses authorized by W.S.A., § 66.069(1)(c), and the approving authority may, by resolution, pledge such surplus or any part thereof for any such purpose.

(a) No person shall discharge or cause to be discharged to the collection system, either directly or indirectly, any hydrocarbon contaminated substances, material, waters or waste if such discharge, either alone or through interaction with multiple discharges, causes contamination to exceed 150 parts per billion (PPB) of BETX at the headworks of the wastewater treatment plant.

(b) Prior to the discharge of any hydrocarbon contaminated substances, materials, water or wastes to the wastewater treatment plant, the discharger must enter into an agreement satisfactory to the village. The agreement shall contain the following conditions and/or any other conditions imposed by the village:

(1) The discharger shall pay any and all costs associated with the testing and/or monitoring of the discharge.

(2) Any and all professional and/or engineering fees incurred by the village that are associated with the discharge shall be paid by the discharger.

(3) Limits on the average and maximum wastewater constituents and characteristics.

(4) The unit charge or schedule of user charges and fees for the wastewater to be discharged through the wastewater disposal system.

(5) Limits on average and maximum flow rate and time of discharge or requirements for flow regulation and equalization.

(7) Requirements for installations, operation and maintenance of pretreatment facilities.

(8) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, and types and standards for tests and reporting schedule.

(11) Requirements for notification to and acceptance by the approving authority of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(12) Requirements for notification of slug or accidental discharges and reporting of violations.

(13) Other conditions as deemed appropriate by the approving authority to ensure compliance with this article.

(14) No discharge of hydrocarbon contaminated waste in excess of the design capacity of the wastewater treatment plant.

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:

(1) Any liquid having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).

(2) Any wax, grease or oil, plastic or any other substance that will solidify or become discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit (0 degrees to 65 degrees Celsius).

(3) Any solids, liquids or gases which by themselves or by interaction with other substances may cause fire, explosion, hazards, create toxic fumes or in any other way be injurious to persons or property involved in the operation or maintenance of the wastewater works.

(4) 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 works, 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.

(5) 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 a one-half-inch screen, and 90 percent passing a one-quarter-inch screen.

(6) 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.

(7) Any wastes or wastewater having a pH lower than 5.5 or higher than 9.0 or having any corrosive property capable of causing damage or hazards to the wastewater works or personnel.

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

(9) 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 the wastewater treatment process, to constitute a hazard to humans or animals, to create any hazard in the wastewater works, or which would cause the utility wastewater treatment facilities to discharge any of the following pollutants in quantities in excess of the limitations established in the Wis. Adm. Code or WPDES permit: cyanide, hexavalent, chromium, trivalent chromium, copper, nickel, cadmium, zinc, phenols, iron and tin.

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

(11) Free or emulsified oil and grease exceeding, on analysis, an average of 100 mg/l of either, or both, or combinations of free or emulsified oil and grease, if, in the opinion of the superintendent it appears probable that such wastes or wastewater:

a. Can deposit grease or oil in the collection system in such manner to cause it to clog.

b. Me not amendable to bacterial action and will therefore pass to the receiving waters without being affected by normal wastewater treatment processes.

c. Can have deleterious effects on the wastewater treatment process due to the excessive quantities.

(12) Any cyanides or cyanogen compounds capable of liberating hydrocyanic gas or acidification in excess of one-half mgll by weight as cyanide in the wastes.

a. 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.

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

d. Has a total BOD or suspended solids loading in excess of the wastewater discharge permit described in section 86-276.

e. Is discharged without application for a wastewater discharge permit or contractual agreement as required under section 86-276.

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 wastewater works. Where, in the opinion of the superintendent, 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 ensure an equalized discharge over a 24-hour period.

No person shall connect to and discharge to the collection system, unless there is capacity available in all downstream components of the wastewater works, as determined by the village engineer.

State Law References: Discharge standards generally, W.S.A., § 147.035 et seq.

Any person who accidentally discharges wastes or wastewater prohibited under sections 86-256--86-259 into the wastewater works or storm sewer shall immediately report such discharge to the superintendent.

(a) Conditions requiring. The approving authority may require pretreatment facilities of any person discharging or planning to discharge industrial waste, if the waste or wastewater:

(3) Cause the utility to incur treatment costs exceeding those of domestic wastewater.

(4) Have any of the characteristics of the prohibited discharges described in sections 86-256-86-259.

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

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

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

(c) Submission of plans. Plans, specifications and any other pertinent information relating to proposed pretreatment facilities shall be submitted for review of the superintendent and village engineer prior to the start of construction.

(d) Operation by qualified persons. In accordance with Wis. Adm. Code NR 114, all pretreatment facilities shall be operated by qualified personnel holding a license of the proper class issued by the state department of natural resources.

Grease, oil and sand interceptors shall be provided at repair garages, gasoline stations, car washes and other industrial or commercial establishments for the proper handling of liquid wastes containing grease in excessive amounts, oil, flammable wastes, sand and other harmful ingredients. All interceptors shall be constructed in accordance with the state 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.

(a) Computation of wastewater flow. The water consumption, as determined from the meter records of the village water utility, shall be the basis for computing the wastewater flows, unless:

(1) The water is contained in a product or is evaporated or is discharged as unpolluted water or waste to surface drainage. In such cases, an application may be made for a reduction in the volume of wastewater discharged to the collection system, provided supporting data, satisfactory to the superintendent, is furnished. This data shall include a flow diagram, destination of water and/or wastewater, supported by submetering data, installed on such process piping, at the expense of the user.

(2) The water is condensed from a product, so that the quantity of wastewater is increased over the amount of water being metered. In such cases, the increased flow shall be metered in a manner which is acceptable to the superintendent and added to the flow obtained from the water meter readings.

(3) The quantity of water used during the third billing quarter at any single-family or duplex dwelling units producing domestic wastewater and having a lawn in connection therewith, shall exceed the quantity of water used during the second billing quarter of the calendar year. In such cases, the meter reading for the second billing quarter shall be used in determining the wastewater flow for such third billing quarter; provided, however, that this section shall not be applied to any premises where the water service was disconnected at any time during the second billing quarter. The second billing quarter shall be defined as the months of April, May and June.

(4) When water for sprinkling lawns or filling swimming pools is metered separately, no user charge will be made. All such metering shall be at the user's expense.

(5) Any lot, parcel of land, building or premises discharging domestic wastewater or industrial waste into the collection system, which is supplied in whole or in part with water not obtained from the water utility, the owner or occupant of such property shall cause to be installed necessary metering equipment as approved by the superintendent 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 superintendent shall determine the estimated volume of water discharged into the wastewater works.

(b) Metering devices. The superintendent may require the installation of devices for metering the volume of waste discharged if those volumes cannot otherwise be determined from metered water consumption records or if the user discharges over 10,000 gallons on any day. The metering devices shall be owned and maintained by the person and may not be removed without consent of the superintendent.

(c) Control manholes. All persons discharging industrial wastes into the wastewater works shall construct and maintain sampling manholes in suitable and accessible locations on public property or easement to facilitate the observation, measurement and sampling of all his wastes or wastewater. Sampling manholes shall be located and constructed in a manner approved by the superintendent. Plans shall be submitted to the superintendent prior to construction.

(d) Sampling manholes. In the event the wastewater superintendent determines that a commercial property has or is likely to discharge commercial wastes into the wastewater works in amounts or of a quality that would make it beneficial for the wastewater works to have a sampling manhole installed, then the property owner shall construct and maintain sampling manholes in suitable and accessible locations on public property or easement to facilitate the observation, measurement and sampling of all his wastes or wastewater. Sampling manholes shall be located and constructed in a manner approved by the superintendent. Plans shall be submitted to the superintendent prior to construction.

(a) The village will collect samples and perform laboratory tests on industrial waste discharges as necessary to verify the quantity of flow and character and concentration of an industrial waste. The utility test results shall be used to determine the applicable surcharge.

(b) Waste or wastewater discharge may be sampled manually or by the use of mechanical equipment, as necessary, to obtain a representative 24-hour composite sample. Samples shall be taken at intervals to be established by contractual agreement under section 86-244 or at such intervals as determined by the superintendent.

(c) When Wis. Adm. Code § NR 101 or NR 202 require the submittal of the character, and concentration of wastes, waste volume, and production information to the utility or state department of natural resources (DNR), the user shall have the waste character and concentration determined by an independent testing laboratory. A copy of the test results and DNR reports shall be submitted to the superintendent.

(d) All measurements, test analysis of the characteristics of industrial wastes shall be determined in accordance with Standard Methods.

A wastewater discharge permit is required under this division if a person's discharge into the utility wastewater works has any of the following characteristics:

(3) A volume of 10,000 gallons per day or greater is discharged by any user at one or more points of discharge.

Any such persons planning to discharge, changing the characteristics of their discharge or whose discharge permit has expired shall make application to the superintendent within 60 days prior to the discharge. All persons currently discharging shall make application to the superintendent within 60 days after passage of the ordinance from which this section is derived and must 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 utility wastewater works. No person shall discharge waste or wastewater into the utility wastewater works without a wastewater discharge permit, if required by this section.

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

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

(3) Wastewater constituents and characteristics as determined by a method approved by the superintendent.

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

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

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

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

The superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the superintendent may issue a wastewater discharge permit, subject to terms and conditions provided in this division.

Wastewater discharge permits shall be expressly subject to all provisions of this article 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 superintendent in accordance with this article, and applicable state and federal regulations. Permit conditions will include the following:

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

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

(6) Requirements for maintaining plant records relating to wastewater discharges as specified by the superintendent, and affording the village access thereto.

(7) 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 permit, shall, before issuance of the permit, enter into a contractual agreement with the utility. The contractual agreement shall contain the conditions set forth in the discharge permit, and other items deemed necessary by the approving authority.

(8) All persons required to make application for a wastewater discharge permit shall, before issuance of the permit, enter into a contractual agreement with the utility. The contractual agreement shall contain the conditions set forth in the discharge permit and other items deemed necessary by the approving authority.

(9) Other conditions as deemed appropriate by the superintendent to ensure compliance with this article.

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 superintendent within 60 days prior to the expiration of the permit or any renewal thereof. After such notification by the superintendent, 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 superintendent 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.

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.

Any user who violates any of the conditions of his permit contractual agreement or this article, or of applicable state and federal regulations, is subject to having his permit revoked.

There is hereby created the Village of Mukwonago Utility District No. 1 (Utility). The utility district is created for the purpose of providing facilities for the drainage and control of storm and surface waters so as to insure that the health, property, safety and welfare of the village and its inhabitants are safeguarded and protected. The district shall include all of the territory shown on Exhibit A and described in Exhibit B, [attached to Ord. No. 793,] which are incorporated herein by reference. The village, through the utility district 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 within the utility district.

The meaning of words, terms and phrases used in this article shall be as follows:

(1) Administrative costs. The cost of general management and oversight of the utility district, development plan and erosion control plan review, and compliance with the requirements of ch. NR 216, Wis. Adm. Code, including, but not limited to, the following:

(a) Wages, salaries and employee's related expenses together with fringe benefits and premiums paid on such wages and salaries for the State Worker's Compensation Coverage.

(3) Capital cost. The cost of acquiring, purchasing, leasing, planning, designing, constructing, extending and improving all or any part of the stormwater sewerage system that benefits properties within the utility district and any principal, interest or premiums on any indebtedness incurred for these purposes.

(4) Debt retirement. All annual principal and interest requirements and obligations of the village that relate to stormwater sewerage system improvements that benefit properties within the district.

(5) Equivalent runoff unit (ERU). An amount of impervious surface area on a lot or parcel that is equivalent to the amount of impervious surface on a typical developed single-family residential lot. For purposes of this article, an ERU is defined as 3,000 square feet of impervious surface area.

(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) 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 stormwater sewerage system facilities. O&M costs for the utility district shall include expenses incurred by the Village of Mukwonago for activities that benefit properties within the district. O&M costs shall include expenses for, but not limited to, the following purposes:

(a) Wages and salaries and employees' related expenses for operating and maintenance of the Stormwater Sewerage System, and supervisory personnel, together with fringe benefits and premiums paid on such wages and salaries for the State Worker's Compensation coverage.

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

(8) Pervious area or pervious surface. Any permeable surface that allows water to pass through.

(9) Replacement fund. Expenditures for obtaining and installing equipment, accessories and appurtenances which are necessary during the useful life of the stormwater sewerage system to maintain the performance for which such system was designed and constructed.

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

(11) Stormwater management program. Any activities undertaken by the Village of Mukwonago for the collection, transportation, storage, treatment, and disposal of storm and surface water and for the reduction or elimination of pollutants in storm and surface water, including, but not limited to administration, operation and maintenance of the stormwater sewerage system, constructing stormwater sewerage facilities, and complying with the requirements of Wisconsin Administrative Code.

(12) Stormwater sewerage system. Any plant, facilities or equipment owned or leased by the village for the collection, transportation, storage, treatment, and disposal of stormwater and surface water, including but not limited to storm sewers, stormceptors, retention/detention basins and stormwater drainageways.

(13) Stormwater charges. Charges to properties in the utility district to recover the administrative, operating, maintenance and capital costs relating to stormwater management facilities benefiting properties in the district. Stormwater 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 utility district costs by properties in the district.

(14) Utility district (district). The Utility District No. 1 of the Village of Mukwonago.

The application of this article, its rules, regulations and rates shall apply to all individuals, firms, corporations and institutions owning property within the utility district.

(1) The oversight of the utility district is hereby vested in the village board, acting as a utility board pursuant to W.S.A. § 66.0827. The board shall direct and delegate the management and operation of the utility district to village staff, and shall prescribe the functions thereof as may be necessary to operate and manage the utility district.

(2) The utility committee of the village board shall make recommendations to the village board concerning the operation of the utility district.

(3) The village board shall establish a utility district fund, which shall be used for collection of revenues and payment of expenses relating to the utility district.

(4) Prior to the adoption of the annual utility district budget, the village engineer shall prepare and submit a report to be reviewed by the utility committee. The village engineer's report shall recalculate the ERUs to be assigned to each parcel within the district. The utility committee shall consider the report of the village engineer and then recommend to the village board that it adopt a resolution to assign ERU values for each property within the utility district.

(5) On an annual basis, the village board shall adopt a resolution to assign ERU values for each property within the utility district and thereafter the village board shall adopt a utility district budget. The budget shall serve as the basis for stormwater utility charges. The budgeted revenues shall be sufficient to cover projected administration, operations, maintenance and capital costs of the utility district.

(6) All utility district receipts shall be collected and accounted for by the village clerk/treasurer.

(7) Stormwater utility charges imposed on properties in the utility district shall provide for a proportionate distribution of administration, operation, maintenance, capital and replacement costs among user classes.

(8) The village may utilize the full authority provided in W.S.A. § 66.0821, with respect to financing methods, user charges, and other matters therein dealt with and shall have all legal authority permitted for municipal utilities to impose reasonable charges for services.

(9) The village board shall cause an annual audit of the books of the utility district to be made and shall make the books and records relating to the utility district available for inspection during regular business hours.

There is hereby established a uniform system of stormwater charges that shall apply to each and every lot or parcel within the utility district. It shall be the policy to establish stormwater charges in such amount in order to pay the following costs relating to the utility district:

(4) Debt service, including debt retirement, debt service reserves and coverage requirements.

The board may establish and modify stormwater utility charges as necessary so as to assure that the charges generate adequate revenues to pay the costs of the stormwater management program and that costs are allocated fairly and proportionately to all parcels in the utility district.

(1) Each lot or parcel within the utility district shall be subject to a stormwater user charge. This charge shall recover operation, maintenance and capital costs of the utility district. The charge to each parcel shall be based upon the number of ERUs assigned to the parcel. The user charge for each parcel shall be equal to the product of the user charge rate in terms of dollars per ERU, and the number of ERUs assigned to the parcel. The village may also establish special fees, charges or credits as deemed necessary to assure uniform and proportionate allocation of costs to all users.

(2) The number of ERUs assigned to each lot or parcel shall be determined as follows:

(a) Single-family residential development. Each developed single-family residential lot or parcel shall be assigned one ERU.

(b) Nonresidential development. Except as provided for in subparagraph (3), below, for each nonresidential parcel the number of ERUs shall be determined by dividing the total amount of impervious surface area on the lot or parcel by 3,000 square feet. The computed number of ERUs shall be rounded up to the nearest 0.25 ERUs.

(c) Existing low-density development. Those parcels with existing impervious surface area as of January 1, 2004, and with impervious surface area constituting less than ten percent of the total area of the lot or parcel, shall be assigned one ERU. If additional impervious surfaces are constructed such that the amount of impervious surface exceeds ten percent of the total area of the lot or parcel, the number of ERUs shall be recomputed for that lot or parcel and the number of ERUs shall be assigned in accordance with subparagraph (2) above.

(d) New construction. The construction of new or expanded buildings, driveways, or other structures may result in an increase in the number of ERUs assigned to a lot or parcel. For all nonresidential parcels subject to the user charge, the village shall recalculate the number of ERUs upon completion of new construction or upon the adoption of the annual resolution to assign ERU values for each property within the utility district. The determination of the new impervious area for use in computing the revised ERUs shall be based upon the building permit, visual inspection, aerial photography or any other reasonable method.

(1) Quarterly billing; due date; penalty. Stormwater charges shall 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 or assessed in accordance with this article shall become due and payable within 20 days from and after the date of the statement. If any such statement is not paid when due, a penalty of ten percent will be added thereto.

(2) Responsibility for payment. The property owner is held responsible for all stormwater charges on premises that he or she owns. All stormwater bills and notices of any nature relative to the stormwater management service will be addressed to the owner and/or occupant and delivered to the addressee by first class mail.

(3) Failure to receive bill, no penalty exemption. Every reasonable care will be exercised in the proper delivery of stormwater bills. Failure to receive a stormwater bill, however, shall not relieve any person of the responsibility for payment of stormwater charges within the prescribed period nor exempt any person from any penalty imposed for delinquency in the payment thereof.

(1) The Village Board of the Village of Mukwonago adopts W.S.A. § 66.0821(4)(d), by reference.

(a) The village clerk/treasurer shall, before October 15 of each year, compile a list of all lots or parcels for which stormwater charges are still owed for service supplied in the year preceding October 1.

(b) On October 15 in each year, notice shall be given by the village clerk/treasurer to the owner or occupant of all lots or parcels of real estate to which stormwater service has been furnished prior to October 1 and payment for which is owing and in arrears at the time of giving such notice. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of the utility district; that unless the delinquent account is paid by November 1 thereafter, a penalty of ten percent of the amount of such arrears will be added thereto; and that unless arrears, with any such added penalty, shall be paid by November 15 thereafter, the same will be levied as a tax against the lot or parcel of real estate to which stormwater 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. On November 16 the village clerk/treasurer shall certify and file with the clerk/treasurer a list of all lots or parcels of real estate, giving the legal descriptions thereof, to the owners or occupants of which notice of arrears in 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.

(c) Each delinquent amount for stormwater service, including penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the stormwater service was furnished and payment for which is delinquent, and the village clerk/treasurer 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.

The following list of users will be assigned residential equivalent connection as listed below, effective October 25, 1995:

Single-family....		1.0 R.E.C.
Duplexes....		2.0 R.E.C. (1/unit)
Three units and up to seven units....		0.8 R.E.C./unit
More than 7 units....		0.75 R.E.C./unit
Hotel/motel (attached banquet facilities or restaurant calculated separately)....		0.25/rentable unit
Elderly housing (deed restricted 80% older than 55)
	One bedroom units....	0.3 R.E.C.
	Two bedroom units....	0.5 R.E.C.
Assisted elderly living facilities
	One bedroom units....	0.25 R.E.C.
	Two bedroom units....	0.45 R.E.C.
Vacant lots....		0 R.E.C.
Taverns, for each 50 capacity....		1.0 R.E.C.
Bowling alleys....		0.350 R.E.C./alley
Vehicle service garage
	Five employees or less....	1.0 R.E.C.
	Five to 15 employees....	2.0 R.E.C.
	Additional R.E.C. for each ten employees....
Churches....		2.0 R.E.C.
Restaurants having a food preparation kitchen....		2.0 R.E.C. for each 50 capacity
Halls....		3.0 R.E.C.
Office building....		1.0 R.E.C./five employees
Post office....		2.0 R.E.C.
Telephone exchange....		1.0 R.E.C.
Barber shops and beauty parlors....		1.50 R.E.C.
Nursing homes....		0.333 R.E.C./sleeping room
Refreshment stand (carryout)....		2.0 R.E.C.
Funeral homes....		2.0 R.E.C.
Greenhouses....		1.0 R.E.C.
Dentists....		1.0 R.E.C./care station
Medical clinics....		2.0 R.E.C.
Retail stores, warehouses, shops, banks
	Five or less employees....	1.0 R.E.C.
	Five to ten....	2.0 R.E.C.
	Ten or more....	3.0 R.E.C.
Fire house....		1.0 R.E.C.
Village office....		1.0 R.E.C.
Car wash....		4.0 R.E.C.
Laundromats....		0.333 R.E.C./washing machine
Schools....		1.0 R.E.C./25 capacity
Domestic use from industrial....		1.0 R.E.C. for each five employees (full-time)
Commercial establishments utilizing garbage grinder....		Additional 2.0 R.E.C.'s

Any category of users not listed above shall be assigned a R.E.C. by the approving authority after a recommendation by the village engineer.

Note: R.C.A. is calculated using this chart multiplied by $1,650.00 and increased by $50.00 per year.

	Library Facilities	Fire Facilities	Police Facilities
Studio or 1 bedroom unit	$194.00	$12.00	$ 62.00
2 bedroom unit	292.00	18.00	93.00
3 bedroom unit or single-family home	384.00	24.00	123.00

	Library Facilities	Fire Facilities	Police Facilities
Commercial and industrial	N/A	$0.0081	$0.0420