Chapter 329

SEWERS

[HISTORY: Adopted by the Common Council of the City of Bayfield as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Water utility — See Ch. 378.

 Subdivision of land — See Ch. 474.

  

ARTICLE I

Sewer Utility Regulations

[Adopted 4-1-1992 (§§ 9-2-1 through 9-2-9 of the 1992 Code of Ordinances)]

§ 329-1.  Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: 

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

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

BUILDING INSPECTOR — The Building Inspector of the City of Bayfield or his appointed assistant, agent or representative.  

BUILDING SEWER — The extension from the building drain to the public sewer or other place of disposal.  

CITY — The City of Bayfield, Wisconsin.  

GARBAGE — Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of meat, fish, fowl, fruits, vegetables and condemned food.  

INDUSTRIAL WASTES — Any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of natural resources. "Industrial wastes" under this article shall include all Class "D" manufacturers as identified in the Standard Industrial Classification Manual.  

MAY — Is permissive.  

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

NORMAL CONCENTRATION  

A.     Five-day, 20° C., BOD of not more than 200 mg/l.  

B.      A suspended solids content of not more than 250 mg/l.    

NORMAL SEWAGE — Sanitary sewage or other wastes in which BOD or suspended solids concentrations do not exceed normal concentrations.  

PERSON — Any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.  

pH — The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter as determined by "standard methods."  

PROPERLY GROUND GARBAGE — The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.   

PUBLIC SEWER — A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.  

SANITARY SEWER — A sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.  

SEWAGE — A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.  

SEWAGE TREATMENT PLANT or WASTEWATER TREATMENT PLANT — Any arrangement of devices and structures used for treating sewage.  

SEWAGE UTILITY or UTILITY — The Bayfield Sewage Disposal Department.  

SEWAGE WORKS — All facilities for collecting, pumping, treatment and disposing of sewage.  

SEWER — A pipe or conduit for carrying sewage.  

SHALL — Is mandatory.  

SLUG — Any discharge of water, sewage or industrial waste 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 twenty-four-hour concentration or flows during normal operation.  

STORM SEWER — A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.  

SUPERINTENDENT — The Superintendent of the Sewage Utility of the City of Bayfield or his appointed assistant, agent or representative.  

SUSPENDED SOLIDS — Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are removable by laboratory filtering.  

WATERCOURSE — A natural or artificial channel for passage of water.  

§ 329-2.  Sewage service charges. 

A.     Sewage service charge system. 

(1)    Normal sewage service charge. 

(a)     There is hereby levied and assessed upon each lot or parcel of land with a building having a lateral available to discharge normal sewage to the public sewer system, a sewage service charge based upon rates established by the Common Council of the City of Bayfield. Said charges shall be assessed and collected bimonthly. If commercial or industrial customers obtain all or any part of their water from sources other than the public Water Utility, all or any part of which is discharged into the public sewers, the customer shall be required to have a water meter or meters installed for the purpose of determining the volume of water obtained from these other sources. Should the Superintendent determine that the water usage is too small to justify a meter, he shall have the authority to waive his requirement and a flat rate shall be charged based on estimated water usage and the metered rate schedule after approval of the Common Council. The water meters shall be furnished by the Sewage Utility and installed by the customer. All other costs in connection with the water meter installation shall be at the expense of the customer. The Sewage Utility will charge for each meter at the rate of 50% of the service charge set for that size meter to compensate for furnishing, reading and servicing the meter. This charge shall be in addition to the sewage service charge. 

(b)     If residential customers obtain all or part of their water from sources other than the public water utility, all or any part of which is discharged into the public sewers, a flat rate charge shall be paid for sewage service. Should the Superintendent determine that the minimum flat rate charge is less than the charge would be on a metered basis, he/she shall have the authority to set a higher rate based on estimated total usage and the metered rate scheduled after approval of such rate by the Common Council. Should the residential customer request it, a water meter shall be installed and the customer shall be charged on the same basis as commercial or industrial customers having private water supplies.   

(2)    Minimum bimonthly charge. [Amended 10-5-2004 by Ord. No. 320; 5-23-2007 by Ord. No. 337] 

(a)     The minimum bimonthly sewage charge shall be based on the size water meter in service and the number of units of service on the meter, as per the following schedule:

 

Size of Meter
(inches)

Minimum Charge

 

5/8

$48.00

 

3/4

$56.00

 

1

$77.00

 

1 1/4

$107.00

 

1 1/2

$126.00

 

2

$184.00

 

3

$320.00

             

    

(b)     The charge for sewer usage is hereby set at $10.24 per 1,000 gallons based on actual usage. 

(c)     Surcharges. 

[1]    BOD (greater than 200 mg/l): $1.35/pound BOD. 

[2]    SS (greater than 250 mg/l): $1.00/pound TSS. 

[3]    P (greater than 10mg/l): $19.00/pound P.     

(3)    Financial accounts, payments, winter rates and billings. 

(a)     The sewer treatment plant and its collector shall have an account separate from that of the general fund. 

(b)     The Bayfield Marina shall pay to the City of Bayfield $4.65 for each boat pumped out and said payments shall be made on a monthly basis to the City. The Marina's lessee shall keep a record of the number of boat pumpouts and a copy of said record shall be sent to the City accompanying each monthly payment. 

(c)     There shall be a fixed annual charge of $600 levied to the Excursion Boat Line and the National Park Service and a fixed annual charge of $300 levied to the Fish and Wildlife Service and Madeline Island Ferry Lines, for the use of the City sewer. [Amended 5-23-2007 by Ord. No. 337] 

(d)     There shall be a minimum sewer charge based on the water service size. Said charge will be assessed regardless of whether the water is turned off or whether the residence or business is vacant. 

(e)     Regarding unmetered customers, the unmetered customer charge shall be available only to sewage customers which are not served by the public water supply system and who discharge only domestic sewage into the sanitary sewer system. Said charge for residential purposes shall be $21.88 per month minimum; commercial and industrial rate shall be $175.03 per month minimum. 

(f)      Regarding nonresidents, the nonresident charge shall apply only to sewer customers who live outside the corporate limits of the City of Bayfield. The minimum per month will be $10 and shall apply to the water used on a volume charge which shall be the same as to the City resident. 

(g)     The City shall bill its customers on a bimonthly basis for the sanitary sewer. A late payment charge of 10% will be added to bills not paid within 20 days of issuance. This one-time late payment charge of 10% will be applied only to any unpaid balance for the current billing period usage. This late payment charge is applicable to all customers.   

(4)    Unmetered customers. This monthly charge is available only to sewage customers not served by public water supply system who discharge only domestic sewage into the sanitary sewer system. [Amended 5-23-2007 by Ord. No. 337] 

(a)     Residential purposes, per month: $75. 

(b)     Commercial and industrial, per month: $425. 

(c)     Nonresidents per month: $75.     

B.      Industrial and commercial sewer service charges. 

(1)    Industrial and commercial charges for other than normal sewage: Charges for sewage other than normal sewage shall be based on flow, BOD, suspended solids and such other constituents which affect the cost of collection and treatment. Charges shall be made in accordance with rates established by the Common Council of the City of Bayfield as set forth in Subsection B(2) below. 

(2)    Surcharge. 

(a)     All persons discharging wastes into the public sewers may be subject to a surcharge, in addition to any other sewage service charge, if their sewage has a concentration greater than "normal" concentrations. (See definition). The volume of flow used for computing waste surcharges shall be the metered water consumption, subject to adjustments as otherwise herein provided, or the actual volume of waste as determined by an industrial waste metering installation. 

(b)     The amount of surcharge shall reflect the cost incurred by the Sewage Utility in removing BOD, suspended solids, and other pertinent constituents. The rates of surcharge for each of the aforementioned constituents will be at the prevailing rate at the time. Said prevailing rates will be at the prevailing rate at the time. Said prevailing rates at this time are as follows: 

[1]    For BOD in excess of 200 mg/l: $0.16 per pound. 

[2]    For suspended solids in excess of 250 mg/l: $0.10 per pound.   

(c)     In addition to the above surcharges, the Utility's costs of sampling and analyzing industrial wastes shall be charged to the applicable industry as provided in § 329-6. Where industrial wastes are of such a strength or magnitude or are delivered over such a period of time that the above surcharges do not reflect the actual cost of treatment to the Utility, the Utility reserves the right to establish a special charge for handling the waste. The depreciation portion of the charge shall be based on the design capacity required for the particular waste. In no event shall the charges be less than those charges determined by applying the above surcharge. 

(d)     The charge for testing each load of septage discharged into the City sewer system (tested for both BOD and suspended solids) is $12.16. The cost for dumping septage into the City sewer system is $0.024 per gallon.     

C.     Industrial waste pretreatment. In the event the Utility provides pretreatment of industrial wastes, the entire cost of such pretreatment shall be charged to the person producing the industrial wastes. The costs shall include but are not limited to, capital expenditures, operation and maintenance expenses, labor, chemicals, heat and power. 

D.     Standby/connection charge. 

(1)    As authorized by § 66.0809(1), Wis. Stats., a standby charge is hereby imposed on all buildable sites within the City of Bayfield with access to sewer, but to which no connection has been made. Charges are as follows. [Amended 5-23-2007 by Ord. No. 337] 

(a)     Sewer standby charge without lateral: $103. 

(b)     Sewer standby charge with lateral stubbed to lot line: $161.   

(2)    All invoices for standby charges will be submitted on an annual basis during the month of June.   

E.      Contract basis. Nothing in this article shall prohibit the City from providing sewage to persons outside the corporate limits of the City under mutually agreeable conditions. 

F.      Payment of service charges; audits. 

(1)    Remedies from failure to pay service charges. Each sewage service charge levied by, or pursuant to this article, is hereby made a lien upon the corresponding lot, land or premises served by a connection, the sanitary sewer system of the City of Bayfield and if the same is not paid within the period allotted for such payment, said charge shall constitute a lien on the property served and be inserted in the City tax roll as provided in § 66.0821, Wis. Stats., in the same manner as water rates are taxed and collected under the provisions of § 66.0809(1) or 62.69(2)(f), Wis. Stats., as same has been and from time to time may be amended or recreated, so far as applicable. 

(2)    Collection. The sewage service charges taxes or levied pursuant to this article shall be collected by the City Clerk's office. The Utility shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical and efficient operation, management and protection of the City sewer system, the sewage treatment plant and the Utility.   

G.     Designation of depository. The funds received from said sewage service charges shall be deposited at regular intervals in the First American Bank of Apostle Islands, Washburn, Wisconsin. Said funds shall be available for payment of the cost and expense of the management, maintenance depreciation and repair of the sewage treatment plant and to provide funds for the retirement of bonds as they mature and interest thereon. 

H.     Annual audit. An audit of the Utility's financial standing shall be made annually on a calendar year basis. This audit will be used to review the adequacy of the then existing rates and said rates shall be adjusted if necessary to provide sufficient revenues to adequately finance the Utility's operation in accordance with the original intent of the rate structure.   

§ 329-3.  Use of public sewers required. 

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

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

C.     As of July 9, 1975, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage within the City limits of the City of Bayfield. 

D.     The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at his/her expense, to install suitable toilet facilities therein, and to connect such facilities directly with the property public sewer in accordance with the provisions of this article, within three months after date of notification.   

§ 329-4.  Building sewers and connections. 

A.     No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the office of the Public Works Director or his/her representative. 

B.      A permit and inspection fee as set by the Common Council and an estimate of all repair costs to City streets, sidewalks, curbs, gutters and all damage to City property, prepared by the Public Works Director, shall be paid to the City Clerk at the time the application is approved and before work can commence. After all work is completed, the estimate will be reviewed. If costs are less than the original estimate, a refund will be made to the customer. If the actual cost is greater than the original estimate, the customer will be billed for the balance. The charges cannot exceed the actual cost for the work. [Amended 10-11-2005 by Ord. No. 330[1]] 

C.     A sewer connection fee for wastewater treatment in an amount as set by the Common Council and determined from the table below shall also be paid to the City Clerk at the time the application is approved and before work can commence. [Added 10-11-2005 by Ord. No. 330[2]]

 

Fee Table

 

Meter Size
(inches)

Equivalent Meter Factor

 

3/4 and 5/8

1

 

1

2.5

 

1 1/2

5

 

2

8

 

3

15

 

Greater than 3

 

                         

    

D.     All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 

E.      A separate and independent building sewer shall be provided for every building intended for human habitation or occupancy. 

F.      Old building sewers may be used in connection with new buildings, only when they are found, on examination and tested by the Public Works Director, to meet all requirements of this article.[3] 

G.     The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. 

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

I.       Roof-leaders, surface drains, groundwater drains, foundation footing drains and other clear water drains shall be connected wherever possible with a storm sewer, but they shall not be connected to a building sewer which discharges into a sanitary sewer or private sewage treatment plant. All such connections existing at the time of passage of this article shall thereafter be illegal. If stormwater or clear water is being discharged into a sanitary sewer, the Public Works Director shall give the offending person 15 days' notice to disconnect. Failure to disconnect after such notice shall authorize the Public Works Director to cause disconnection and assessment of the costs of such disconnection against the property involved. The Public Works Director may, in the alternative, institute action for violation of this subsection. 

J.       The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. 

K.     The applicant for the building sewer permit shall notify the Public Works Director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Public Works Director or his/her representative. 

L.      All excavations for building sewer installation shall be adequately guarded by the owner with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City at the owner's expense. (Definition of "owner" would mean record holder of property or his/her agent.)   

§ 329-5.  Sewer main extensions.

Sewer mains will be extended for new customers on the following basis: 

A.     Where the cost of the extension is to immediately be collected through assessment by the municipality against the abutting property, the procedure set forth under § 66.0703, Wis. Stats., will apply, and no additional customer contribution to the utility will be required. 

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

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

(2)    Part of the contribution required in Subsection B(1) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contributions received from additional customers exceed the proportionate amount which would have been required under Subsection A nor will it exceed the total assessable cost of the original extension.   

C.     When a new customer(s) is connected to an existing main not financed by customer contributions, it shall not be considered as a main extension and no contribution may be collected from the customer(s). This provision applies to the mains installed after the effective date of this rule. 

D.     Sewer mains will not be extended outside the City of Bayfield's City limits for any reason. Because of the existing BOD and the suspended solids load at the sewage treatment plant, the remaining capacity will be reserved for the City's residents only. 

E.      Maintenance. 

(1)    The maintenance of all sewer mains are the responsibility of the City of Bayfield's Sewer Utility. 

(2)    The maintenance of sewer laterals are the responsibility of the homeowner. The maintenance responsibility will be from the City's sewer main to the building the lateral is serving, regardless of the distance and location of existing lateral.     

§ 329-6.  Use of public sewers. 

A.     No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. 

B.      Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Public Works Director and the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet. 

C.     No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: 

(1)    Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, solid or gas. 

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

(3)    Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage 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 sewage 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 and paper dishes, cups, milk containers, sanitary napkins, disposable diapers, etc., either whole or ground by garbage grinders.   

D.     No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction or the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are: 

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

(2)    Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.). 

(3)    Any garbage that has not been promptly ground. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent. 

(4)    Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. 

(5)    Any waters or wastes containing iron, chromium, cadmium, nickel, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excess chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment plant exceeds the limits established by the Superintendent for such materials. 

(6)    Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the receiving waters. 

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

(8)    Any waters or wastes having a pH in excess of 9.5. 

(9)    Materials which exert or cause: 

(a)     Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). 

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

(c)     BOD, chemical oxygen demand, phosphorous, nitrogen, or chlorine requirements in such quantities as to constitute a significant loan on the sewage treatment plant. 

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

(10)  Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of the agencies having jurisdiction over discharge to the receiving waters.   

E.      If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent shall recommend to the Common Council that it: 

(1)    Rejects the wastes; 

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

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

(4)    Require payment to cover the added cost of handling and treating wastes not covered by existing sewage service charges or charges under the provisions of Subsection M of this section. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plans and equipment shall be subject to the review and approval of the Superintendent and Common Council and subject to the requirements of all applicable codes, ordinances and laws.   

F.      Grease, oil and sand interceptors shall be provided as required by the State Plumbing Code for the proper handling of liquid wastes containing grease in excessive amounts, of any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Public Works Director and shall be located as to be readily and easily accessible for cleaning and inspection. 

G.     Where preliminary treatment or equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense. 

H.     When required by the Public Works Committee, the owner of any property serviced by a building sewer carrying residential, commercial or industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. Plans for the installation of the manholes shall be provided to the Public Works Committee for its approval. The manhole shall be installed by the owner at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times. 

I.       Devices for metering the volume of waste discharged may be required by the City Common Council if these volumes cannot otherwise be determined by the use of water meters and exemption water meters. Metering devices for determining the volume of waste shall be purchased, installed, owned and maintained by the person. The type of meter and metering arrangement shall be approved by the Superintendent before installation and it shall be installed in accordance with approved methods. Following approval and installation, such meters may not be removed without the consent of the Superintendent. 

J.       Party wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration. A determination shall be made as often as deemed necessary. Where samples are taken often enough to produce meaningful averages, charges will be determined based on the average values determined during the billing period after due allowances for values not believed to be representative. Any person may request the Utility to make new tests, such tests to be at the expense of the person discharging the waste as hereinafter stated, and such tests to be a minimum of 24 hours' duration unless otherwise approved. If the Superintendent is satisfied that such test was made when the plant was operating under normal conditions, the results of these tests shall be used in computing the subsequent billing in the manner previously described. All costs in connection with waste sampling and analyses shall be paid for by the applicable party in addition to their normal sewage service charge. 

K.     All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and shall be determined at the contract manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. 

L.      The accidental discharge of any prohibited waste into any sewer shall be reported to the Superintendent by the person responsible for the discharge, or by the owner or occupant of the premises where the discharge occurs, immediately upon obtaining knowledge of the fact of such discharge so that steps may be taken to minimize its effect on the treatment plant. 

M.     No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Utility and any customer where such agreement is in accordance with this article and the rate structure herein.   

§ 329-7.  Septage disposal. 

A.     With the State of Wisconsin legislature enacting 1984 Laws of Wisconsin, Chapter 40 (§ 281.49, Wis. Stats.) in May of 1984, regulating septage disposal, it is deemed necessary for the City of Bayfield to expand its sewer use ordinance. The following sections are added to the existing ordinance to help control and protect the City of Bayfield's sewer system. 

B.      Permitted disposal; restrictions. 

(1)    Between August 1 and September 1 of each year, every licensed disposer wishing to discharge septage to the Bayfield Wastewater Treatment Works shall file a nonrefundable filing fee as set by the Common Council and an application in writing to the Public Works Committee in such a form as is prescribed for that purpose. During the months of July and August, forms for such application must state fully and truly the type, frequency, quantity and location of generated septage to be disposed at the Bayfield Wastewater Treatment Works.[4] 

(2)    During the month of September, the Public Works Committee will evaluate the applications and make a determination as to the amount and conditions of septage disposal at the Bayfield Wastewater Treatment Facility. The Public Works Committee shall approve or reject all applications by October 1 of each year. If the Public Works Committee cannot accept all the proposed septage disposal, then consideration shall be given first to those generators of septage that are within the sewer service area. 

(3)    All licensed approvals for septage disposal shall have the conditions that any time the wastewater treatment works has operational problems, maintenance problems, or threat of WPDES permit violation that are indirectly or directly related to septage disposal, the Public Works Director may immediately restrict septage disposal until such time as corrective action or mitigative measures have been taken.   

C.     Discharges to facility. 

(1)    Septage shall only be discharged to the City's sewerage system by City-approved and State of Wisconsin licensed disposers and at locations, times and conditions as specified by the sewage treatment plant manager. 

(2)    Septage discharge to City specified manholes may under special circumstances be allowed provided discharge rates are restricted as necessary to facilitate mixing, prevent a backup in the receiving sewer and prevent a slug load to the wastewater treatment facility. Discharges may be made only during normal working hours of the sewage treatment plant personnel and will be discharged under their supervision only. 

(3)    Written documentation of the discharge will be submitted to the sewer plant manager or his/her representative within one working day of the discharge to the City of Bayfield sewers or wastewater treatment facility.   

D.     No person or licensed disposer shall dispose of septage into any storage area of sewer manhole located within the City of Bayfield without written approval of the Public Works Director and/or the Sewage treatment plant manager. 

E.      Testing. 

(1)    Testing facilities shall be the responsibility of the person discharging the waste or septage and shall be subject to the approval of the Public Works Director. Access to sampling locations shall be granted to the sewage treatment plant laboratory or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken. 

(2)    All measurements, tests and analyses of the characteristics of waters, wastes and septage to which reference is made in this article shall be determined in accordance with "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and "Guidelines Establishing Test Procedures for Analysis of Pollutants," (1978, 40 CFR 136). Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis subject to approval by the Public Works Director.   

F.      Charges and regulations. 

(1)    Each load of septage discharged into the City sewer system will be tested for both BOD and suspended solids. The charge will be $12.16 for each test made. If it is determined that more tests are needed by the plant operator or the Department of Natural Resources, additional costs will be billed to the septage hauler. 

(2)    The cost for dumping septage will be $0.024 per gallon discharged into the City's collection system. 

(3)    The septage dump rate shall be no more than 10% of the flow. At present, no more than 670 gallons per hour can be discharged into the City's sewer system from private septage haulers. Present calculation: 160,000 GPD 24 hours = 6,666 GPH dump rate, 10% of flow, or 666 gallons per hour. 

(4)    The septage hauler must dump septage between 7:00 a.m. and 10:00 a.m., Monday through Friday only. These are the hours a disposal plant operator is on duty. Special arrangements can be made with the Public Works Director for dumping at other times of the day; however, there will be an additional charge that will include the hourly wage of the Supervisor plus $5 for each test. 

(5)    If it is determined after a period of time that only spot testing is needed, the Public Works Director will indicate this in writing to each septage hauler. It will also be stated how often a load of septage must be tested. 

(6)    The septage must be bled into the flow stream at a slow and continuous rate to prevent slug loading.   

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

§ 329-8.  Protection from damage.

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

§ 329-9.  Powers and authority of inspectors. 

A.     The Superintendent and other duly authorized employees of the Sewage Utility bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Superintendent or his/her representatives shall have no authority to inquire into any process including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers of waterways or facilities for waste treatment. 

B.      While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees or agents of the Sewage Utility shall observe all safety rules applicable to the premises established by the owner or company and the owner or company shall be held harmless for injury or death to the Sewage Utility employees and the Utility shall indemnify the owner or company against loss or damage to its property by Utility employees and against liability claims and demands for personal injury or property damage asserted against the owner or company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner or company to maintain safe conditions as required by this article. 

C.     The Superintendent and other duly authorized employees of the Sewage Utility bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.   

§ 329-10.  Violations and penalties. 

A.     Any person found to be violating any provision of this article except § 329-8 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 

B.      Any person who shall continue any violation shall on conviction thereof be subject to the penalty provisions of Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Each day in which any such violation shall continue shall be deemed a separate offense.[5] 

C.     Any person violating any of the provisions of this article shall become liable to the City and others, as their interests may appear, for any expense, loss, or damage occasioned the City or others by reason of such violation, including any costs in connection with repairing damages to the sewage works or any downstream user or facilities damaged as a result of a prohibited discharge or any other violation of this article.    


[1].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[3].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[4].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[5].  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).