25.040 Sewer Use.

(1) Use of Public Sewers.

(a) State or Federal Permits. It shall be unlawful to discharge to any natural outlet within the City, to the sewer system, or in any area under the jurisdiction of the City any wastewater or other polluted waters, or unpolluted waters, except where appropriate State and/or Federal permits have been obtained by the discharger.

(b) Private Disposal. Except as provided in the Plumbing Code, it shall be unlawful to construct or maintain private waste disposal facilities.

(c) Mandatory Connection. The owner of any building or property which is located within the City, or in any area under the jurisdiction of the City, and from which wastewater is discharged, shall be required to connect to a public sewer at his expense as per Section H-62.20(1-B) of the Plumbing Code, after service of official notice to do so, contingent upon available capacity of the downstream wastewater facilities. If the wastewater facilities do not have sufficient capacity for the property owner to connect, then the discharge shall be halted until the wastewater facilities do have the capacity.

(d) Connection Order. In the event an owner shall fail to connect to a public sewer in compliance with a notice given under subsection (1)(c) of this section, or where a health hazard exists, the City may undertake to have said connection made and shall assess the cost thereof against the benefitted property and said assessment shall be a special assessment against said property. Said special assessments shall be collected in the same manner as other special assessments. Such assessments when levied shall bear the same interest as sanitary sewer assessments.

(e) Unpolluted Water Exclusion. No person shall discharge or cause to be discharged directly or indirectly any stormwater, surface water, ground water, roof run-off, subsurface drainage, unpolluted cooling or process water to any sanitary sewer.

(f) Disposal of Unpolluted Water. Stormwater and all other unpolluted water shall be discharged to a storm sewer or natural outlet. The discharge of unpolluted water into a natural outlet or storm sewer shall comply with applicable State and Federal regulations.

(g) Unacceptable Wastewaters. No person shall discharge or cause to be discharged directly or indirectly to any public sewer any substance prohibited by the Wisconsin Administrative Code, or other requirements of the State of Wisconsin or United States Environmental Protection Agency. Specifically, the following wastes shall not be introduced to the sewer system:

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

2. Any water or wastes containing toxic or poisonous solids, liquids, or gases, or of high chlorine demand, in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the wastewater facilities.

3. Any water or wastes having a pH lower than 5.0 standard units or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater facilities.

4. Solid or viscous substances, either whole or ground, in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, disposable diapers, glass grinding or polishing wastes, stone cutting or polishing wastes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, sanitary napkins, paper dishes, cups, milk containers, other paper products, beer or distillery slops, residues, chemicals or paint residues, or bulk solids.

5. Noxious or malodorous liquids, gases or substances which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

6. Wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so as to constitute a slug and may cause a treatment process upset or subsequent loss of treatment efficiency.

7. New wastes, increased volumes or quantities of wastes from major contributing industries in such volumes or quantities as to overload the wastewater facilities or cause a loss of treatment efficiency.

8. Water or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the natural outlet.

(h) Provisionally Unacceptable Wastewaters. No person shall discharge or cause to be discharged from its property to the sewer system any of the following described substances or materials if such discharges can harm either the wastewater treatment process or equipment, have an adverse effect on the natural outlet, or can otherwise endanger life, limb, public property, or constitute a nuisance:

1. Any liquid or vapor having a temperature higher than 140 degrees Fahrenheit (60 degrees Celsius) at the point of discharge to the sanitary sewer.

2. Any waters or wastes containing acid with a pH less than 5.0, iron pickling wastes, or plating solution.

3. Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations or exceeding such limits which may be established by the State, Federal or other public agencies having jurisdiction over such discharge.

4. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable State or Federal regulations.

5. Any water or wastes having a pH in excess of 10.5 standard units.

6. Materials which exert or cause:

A. Unusual concentration of inert suspended solids (such as, but not limited to, fuller’s 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 canning solutions) which are not removable by the existing wastewater treatment facility.

C. BOD, chemical oxygen demand, or chlorine demand requirements in such quantities as to constitute an unusual load on the wastewater treatment facility.

7. Liquids, wastes, or other materials or substances which react with water or wastes in the sewer system to release noxious or toxic substances, colored substances, or create any other condition deleterious to structures or treatment processes.

8. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the natural outlet.

9. No person shall discharge into the sewer system from any point wastewater containing any of the following pollutants in excess of the following 24-hour average concentrations, or in excess of the following average concentrations during any period of discharge, if such period of discharge is less than 24 hours:

Pollutant	Concentration (mg/l)
Cadmium (T)	.54
Chromium (T)	7.00
Cyanide (T)	1.90
Copper (T)	4.50
Lead (T)	.60
Mercury (T)	.02
Nickel (T)	4.1
Silver (T)	.43
Zinc (T)	4.2
Nonbiodegradable Oil and Grease (Mineral or Petroleum Origin)	100.0

Effluent limitations promulgated by Federal or State authorities shall apply in any instance where they are more stringent than those in this chapter.

(i) WPDES Permit. All discharges shall be in agreement with prohibited discharges and waste limitation requirements of the WPDES permit and any other prohibitions or limitations mandated by State or Federal regulations.

(j) Options for Misuse. If any liquids or wastes are discharged, or are proposed to be discharged directly or indirectly to the public sewers, and such liquids or wastes do not meet the standards set out in or promulgated under this subsection or which in the judgment of the City may have a deleterious effect upon the wastewater facilities, processes, equipment or natural outlet, or which otherwise create a hazard to life or constitute a public nuisance, the City may take any or all of the following steps:

1. Refuse to accept the discharges; or

2. Require pretreatment to an acceptable condition before discharge to the public sewers; or

3. Require control over the quantities and rates of discharges; or

4. Require payment to cover the added cost of handling and treating the wastes.

The design and installation of plants and equipment for pretreatment or equalization of wastewater flows shall be subject to the review and approval of the City and WDNR and subject to the requirements of all applicable codes, ordinances and laws.

(k) Oil Interceptors. Grease, oil or sand interceptors shall be provided in accordance with Section H-62.11 of the Plumbing Code whenever the City deems it necessary.

(l) Pretreatment Facilities. Where preliminary treatment, flow equalizing facilities or interceptors are provided for any wastewater, they shall be effectively operated and maintained continuously in satisfactory and effective condition by the owner at his expense, and shall be available for inspection by the City, EPA and WDNR at all times.

(m) Measurements of Strength and Volume. Measurements of strength and volume shall be made in accordance with MMC 25.050(9).

(n) City Inspection. The City may conduct such tests as are necessary to enforce this chapter. The City may enter upon any property for the purpose of taking samples, obtaining information or conducting surveys or investigations relating to enforcement. Entry shall be made during operating hours unless the City determines circumstances require otherwise. In all cases where tests are conducted by the City for the purpose of determining if a previously found violation of this chapter has been corrected, the cost of such tests shall be charged to the user and added to the user’s sewer service charge. In those cases where the City determines that the nature or volume of a particular user’s wastewater requires more frequent testing, the City may charge such user for the tests, after giving the user 10 days’ written notice of its intention to do so, and the cost thereof shall be added to the user’s sewer service charge. Where industrial wastes are discharged into a public sewer, the user, at his own expense, shall sample and analyze his discharges and report the test results to the City in accordance with any requirements of the City. Monitoring information required by the City may include, but shall not be limited to, information concerning discharge of toxic and hazardous substances, BOD, suspended solids, and volume. All such tests shall be as ordered by the City and shall be conducted by qualified personnel in accordance with standards set forth in this chapter.

(o) Accidental Discharges. Accidental discharges of prohibited waste into the wastewater facilities directly or through another disposal system, or to any place from which such waste may enter the wastewater facilities, shall be reported to the Superintendent by the persons responsible for the discharge or by the owner or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the discharge.

(p) Special Agreements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the City and any user whereby an individual waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the user, in accordance with applicable ordinances and any supplemental agreement with the City.

(2) Private Wastewater Disposal.

(a) Private Disposal Connection. Where a public sanitary sewer is not available under the provisions of subsections (1)(a), (c) and (d) of this section, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of the Plumbing Code.

(b) Operation of Private Disposal System. The owner shall effectively operate and continuously maintain the private wastewater disposal facilities in a sanitary, satisfactory and effective manner at all times, at his own expense.

(c) Compliance with State, Federal and Local Ordinances. The provisions of this section shall be in addition to any requirements established by applicable Federal, State or local laws and regulations, and shall not be construed to relieve any liability or obligation imposed by such laws and regulations.

(3) Building Sewers and Connections.

(a) Construction of Connections – Ordinance and Codes. No person, unless authorized, shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer, private interceptor main sewer or appurtenance thereof, except in accordance with the applicable provisions of the applicable City ordinance and the Plumbing Code. All such approved work also requires permits from the City Inspection Department.

(b) Expense to Owner and City Liability. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify and hold the City harmless from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of the building sewer.

(c) Construction Procedures and Materials. The size, slope, alignment, materials of construction of a building sewer and the method 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. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the Water Pollution Control Federation (WPCF) Manual of Practice No. 9 and applicable American Society for Testing and Materials (ASTM) standards shall apply.

(d) Connection Elevation. 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 such building drain shall be provided with a lifting device approved by the Plumbing Inspector and discharged to the building sewer.

(e) Unpolluted Water Exclusion. No persons shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer as provided by the Plumbing Code.

(4) Sanitary Sewer and Storm Sewer Construction.

(a) Street Opening Permit and Excavation Bond. No person shall open any public right-of-way, for the purpose of connecting to any public sewer or appurtenance, without first obtaining a written permit from the Director of Public Works, which permit shall not be issued unless an excavation bond is posted with the Director of Public Works. No City personnel or no person having a contract with the City for doing any work on any public right-of-way shall be required to obtain a written permit or post an excavation bond. Method of excavation, backfilling and other work in connection with the excavation shall conform to the requirements of the City and/or all applicable provisions of the City ordinance.

(b) City Inspection and Approval of Plans. No person shall construct storm or sanitary sewers in the City without first obtaining the City’s written approval of the plans and specifications (except building drains or building sewers). All storm and sanitary sewer installation is subject to inspection during construction by the Director of Public Works or his authorized representative. No such sewers shall be considered to be a part of the public sewer system unless accepted by the Director of Public Works.

(c) Construction Methods and Materials. The size, slope, alignment, material of construction, and methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work in connection with the construction of sewers shall conform to the requirements of the Department of Public Works.

(5) Authority of Inspectors. Duly authorized employees of the City, EPA and WDNR bearing proper credentials and identification shall be permitted to enter any and all private and public properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. EPA, WDNR and City employees shall have authority to inquire into processes including, but not limited to, metallurgical, chemical, oil refining, ceramic, or paper, to the extent necessary to determine the source and characteristics of the discharge to the sewer system.

(6) Penalties.

(a) Forfeiture. Any person, firm or corporation who shall violate any provision of this chapter shall be subject to a forfeiture of not less than $50.00 nor more than $200.00 for each offense. Each day of violation shall constitute a separate offense.

(b) Liability. Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

(c) Termination of Service. Whenever a violation of the provisions of this chapter is likely to cause damage to the wastewater facilities or is of such a nature as to be a menace to the health or safety of any person, the City may summarily discontinue any sewer service connected with its sewer system.

(d) Reconnection of Service. No service connection discontinued in the above manner shall be reestablished unless the user pays the City for the cost of discontinuance, reestablishment and any damage to the wastewater facilities caused by the user’s violation.

(e) Revocation of Permits. Violation by a permittee of any provisions of this chapter prescribing conditions or requirements relative to permits held by such a permittee, or giving any false information on a permit application, either orally or in writing, shall be grounds for revocation of such permit. Whenever grounds exist, the City may revoke any permit by resolution.

[Prior code § 25.04]