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Taycheedah Sanitary District No. 1

SANITARY DISTRICT NO. 1

TOWN OF TAYCHEEDAH

FOND DU LAC COUNTY,

WISCONSIN

SEWER SYSTEM ORDINANCE

NOW, THEREFORE, IT IS HEREBY ORDAINED:

That the Sewer Use Ordinance adopted the 7th day of June, 1980 and amendments on 27th day of June 1983 and 27th day of April 1992 is repealed and recreated as follows:

AN ORDINANCE ADOPTED PURSUANT TO THE AUTHORIZATION IN WISCONSIN STATUTES FOR THE PURPOSE OF PROMOTING AND PROTECTING PUBLIC HEALTH AND SAFETY BY ESTABLISHING RULES AND REGULATIONS GOVERNING THE DISPOSAL OF SANITARY SEWAGE WITHIN THE TOWNSHIP OF TAYCHEEDAH.

SECTION 1. MANAGEMENT AND OPERATION OF THE SANITARY SYSTEM

1.1 Management, Operation and Control of the Sanitary System. The management, operation, and control of the sewer system for the Sanitary District is vested in the Commission of said Sanitary District; all records, minutes and all written proceedings thereof, plus all financial records, shall be kept by the Administrative Clerk of the Sanitary District.

1.2 Powers of Sanitary District Commission. The Sanitary District shall have the power to construct sewer lines and lift stations for public use, and shall have the power to lay sewer pipes in and through the alleys, streets, and public grounds of the District; and generally, to do all such work as may be found necessary or convenient in the management of the sewer system. The Commission shall have power by themselves, their officers, agents, and servants, to enter upon any land for the purpose of making examination or supervision in the performance of their duties under this Ordinance, without liability therefore; and the Commission shall have power to purchase and acquire for the District all real and personal property which may be necessary for construction of the sewer system, or for any repair, maintenance, remodeling, or additions thereto. The Commission shall have the right to register any easement necessary to benefit and operate the sanitary system.

1.3 Condemnation of Real Estate. Whenever any real estate, any easement therein, or use thereof, shall in the judgment of the Commission be necessary to the sewer system; and whenever, for any cause, an agreement for the purchase thereof, cannot be made with the owner thereof, the Commission shall proceed with all necessary steps to take such real estate easement, or use by condemnation in accordance with the applicable Wisconsin Statutes.

1.4 Title to Real Estate and Personal Property. All property, real, personal and mixed, acquired for the construction of the sewer system, and all plans, specifications, diagrams, papers, books and records connected with said sewer system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of said Sanitary District.


SECTION 2. USER CHARGES AND FEES

It is intended that this ordinance be in conformance with that portion of Chapter 13 of the City of Fond du Lac Municipal Code entitled “Wastewater Collection and Treatment System” and with the “2000 Wastewater Agreement between the City of Fond de Lac and the Outlying Sewer Group” effective January 1, 2000.

2.1 Unit of Service Definition. Premises shall be classified as residential, commercial and industrial. For residential uses, both single family and multi-family the residence shall be considered the basic unit of service for billing purposes. Each individual unit within a multi-family building shall be classified as a single unit of service separate and distinct from other users. Commercial and industrial properties shall be billed based on a base fee and a metered measurement of flow. The costs of the District’s operation and maintenance, debt service, payments to the City of Fond du Lac, cost of treatment service, and any and all other liabilities of the District shall be divided among the total units of service as determined by the Commissioners utilizing the methodology identified in this ordinance. Sewer service charges shall take effect and shall be billed commencing on the date of hookup and inspection by the District’s plumbing inspector.

2.2 Service Charge Methodology. Each user and each user class shall pay its proportionate share of operation and maintenance, replacement, debt service and other costs of operating the system within the District service area. The District will annually review, and if necessary, adjust the charges for users and user classes to maintain the proportionate distribution of costs and to generate sufficient revenues for the operation of the system. The basis for service charges for residential properties will be the Residential Unit Equivalent (RUE). Initial charges shall be set at the number of RUE’s for which the property was assessed, except for duplexes and condominium units within one building served by a single lateral. Each unit will be assessed one (1) RUE. The total quarterly service charge for all unmetered users shall be the sum of the fixed charge (for operation, maintenance and replacement), the debt service charge, and the treatment charge (determined in accordance with the City of Fond du Lac charges for treatment of the District’s sewage). The District shall calculate both the fixed charge and the treatment charge on the basis of the sum of its annual operating budget and the total estimated charges from the City for treatment.

The basis for service charges for commercial and industrial properties will be based on periodic meter readings. The total quarterly service charge for all metered users shall be the sum of the fixed charge (for operation, maintenance and replacement), the debt service charge, and the treatment charge (determined in accordance with the City of Fond du Lac charges for treatment of the District’s sewage. The District shall calculate both the fixed charge and the treatment charge on the basis of the sum of its annual operating budget and the total estimated charges from the City for treatment. Each commercial and industrial customer shall be charged for service based on the fixed charges, and the treatment charges multiplied by the actual metered usage.

2.3 Billing Rule. Sewer service charges for new users shall take effect and shall be billed commencing on the date of hookup, inspection, and acceptance by the District’s Inspector. Sewer service and all other charges provided for in this Ordinance shall be determined by the Commission and shall be billed, as a minimum, on a quarterly basis. An annual payment option is available. Payment of bills shall be due on the last day of the billing date, unless otherwise indicated on the billing statement. All delinquent accounts shall be charged a penalty at the rate of one and one half (1.5) percent per quarter on the unpaid balance, including penalties. Such penalty shall accrue starting with the last day of the month day following the date of the bill. Unpaid sewer service bills shall become a lien upon the property receiving the sewer services and may be placed upon the tax roll for collection. If the District brings a collection action to recover past due sewer service charges, it shall be entitled to recover, in addition to the past due balance and penalties, all costs of prosecution including attorneys’ fees.

2.4 Payment Responsibility. The property owner is primarily responsible for all sewer bills on premises that he or she owns whether or not owner-occupied. In the case of rental properties, all delinquent sewer bills and notices of any nature, relative to the sewer service, will be addressed to the property owner. Change of ownership or occupancy of premises delinquent under this ordinance shall not be cause for reduction or elimination of charges due.

2.5 Failure to Receive Bill No Penalty Exemption. Every reasonable care is exercised in the proper delivery of sewer bills. Failure to receive a sewer bill, however, shall not relieve any property owner of the responsibility for payment of sewer charges within the prescribed period, nor exempt any person from any penalty imposed for late payment.

2.6 Fees. The District shall charge fees for:
1) Inspection service for connection, reconnection or disconnection.
2) Abandonment of lateral line.
3) Locate of sewer line on private property.
4) Inflow inspection of private property.

Fees for service connection, inspection or other services of the staff or designated agent shall be determined by the Commission and charged to the applicant. The fees shall be reviewed by the District Commission on an annual basis and adjusted as required. The connection fee shall apply to each connection to the District’s system. The District shall determine the number of connection charges applicable to each development prior to connection. The District’s decision as to the number of connections to be charged is final. The total costs of all connection fees charged to the development must be paid, in full prior to the District granting a permit for the installation. Each business entity shall also be charged a hookup fee.

SECTION 3. ASSESSMENTS

3.1 Special Assessments. Special assessments made pursuant to this Ordinance and applicable Wisconsin Statutes may be made on a per connection basis or any other basis authorized under law, in an amount determined by the Sanitary District Commission. Special assessments for the initial sanitary sewer system may also be levied against land determined by the Commission to be developable, although vacant at the time of assessment for the initial construction project. Future connections not assessed at the time of construction of the initial sewer system will be assessed at time of connection. Assessment rates will be reviewed and adjusted periodically by the Commission in accordance with the provisions of this Ordinance.

SECTION 4. USER RULES AND REGULATIONS

4.1 User Rules and Regulations. The rules, regulations, and sewer rates of the Sanitary District
hereinafter set forth or in the minutes of the meetings of the Commission, shall be binding upon every person who is connected to the District’s sewer system, and every such person by connecting with the sewer system, shall be deemed to have consented to be bound thereby. The Commission reserves the right to change said rules, regulations and sewer rates from time to time as it deems advisable, and to make special rates and contracts if permitted by law and if the Commission deems it appropriate.

SECTION 5. CONNECTIONS TO THE SEWER SYSTEM

5.1 Mandatory Hookup.

A. All new homes or business places located where there is existing sanitary system availability shall be connected to the sanitary sewer system before use. If the connection is not made, the Sanitary District may cause such connection to be made and bill the property owner for such costs. If such costs are not paid within thirty (30) days, such notice shall be assessed as a special tax lien against the property, all pursuant to Section 144.06 Wisconsin Statutes.

B. This ordinance ordains that the failure to connect to the sewer system is contrary to the minimum health standards of said Sanitary District and fails to assure preservation of public health, comfort, and safety of said Sanitary District.

C. The property owner shall be responsible for the payment of the cost of and installation of the laterals from his building to the sewer mains, including the costs of connecting to the mains and, in addition thereto, shall pay to the Sanitary District a connection fee of an amount set by the Commission for each connection to the sewer main as per section 2.6 of this ordinance.

5.2 Outside Contractor Liability. Any person, company or corporation performing any plumbing, pipe fitting, excavation or other work in connection with or in proximity to the District’s sewer system shall indemnify and hold harmless the District and the Commission from any and all liability for damages of any nature arising from his or her negligence or improper work.

5.3 Compliance with Code and Ordinances. All work done in conjunction with the connection of building sewers to the District’s sewer shall conform to the requirements of all applicable State and local building codes and applicable rules, regulation and ordinances of the District.

5.4 Permit Required.

Permits are required for all connections to, extensions to, modifications to or abandonment and reconnection of connections to the District’s sewer system. In all cases, the person, company or corporation wishing to create a connection(s) to, extension(s) to, modification(s) of or abandonment(s) and reconnection(s) to the District’s system shall file an application for each connection, modification, abandonment or reconnection in writing to the Commission in such form as prescribed for that purpose. Blanks for application will be furnished by the Administrative Clerk of the Commission. 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. Data provided shall include an estimate of the quantity of sewage flow generated by the project. Persons connecting to the sewer system of the Sanitary District are referred to herein as “Users”. No work may be begun until such time as the District approves the permit application and all applicable fees are paid.

• New Services. In the case of new connections to or extensions of the system for new service, the application must fully and truthfully state all the uses which will be included in the proposed development. If the applicant is not the owner, company or corporation of the premises, the written consent of the owner must accompany the application. If the Commission shall approve the application, it shall issue a permit for services as shown on the application upon payment of the hookup fee.

• Existing Service Modifications. No person shall uncover, make any connection with, or
disturb any sewer main or appurtenance thereof without first obtaining a written permit to do
so from the District. The Commission shall review and if acceptable approve an application before
work can be commenced. Upon discovery of any illegal connection, the Commission shall
determine actions and penalties to bring the user into compliance. No user shall allow others
or other services to connect to the sewer system through his lateral.

• Abandonment of Existing Service. Whenever premises served by the District’s system are to be permanently vacated or abandoned, the Commission must be notified in writing and the owner must secure approval prior to abandoning the sewer. The abandonment of the main shall be accomplished by severing the lateral near the property line and installing a manufactured end cap or plug in/on the District’s portion of the lateral. Whether a cap or plug is installed, it shall create a water tight connection. The building connection shall be physically disconnected at the point of connection to the District lateral (at the property line or permanent easement line). The District lateral shall be sealed in the presence of the District Inspector to prevent water or material from entering the District system. The discontinuation of service connection shall occur within 30 days after approval by the Commission. The owner of the premises shall be liable for any damages to the property or such damage which may discovered having occurred to the property or the system other than though the fault of the system or its employees, representatives, or agents. All costs of the disconnection shall be borne by the property owner.

• Reconnection Procedure and Charges – Permit Required. No person shall reconnect a private service to any District sewer main or appurtenance thereof without first obtaining a written permit to do so from the District. All applicable fees or charges must be paid at time of issuance of a
permit. Reconnection shall be performed by a licensed plumber or licensed utility contractor
approved by the District.

• Inspection. All individual connections, reconnections and abandonment’s to the sanitary sewer shall be inspected by a plumbing inspector authorized by the District before the excavation is backfilled. The property owner or contractor shall notify the District or the inspector at least 72 hours prior to beginning excavation. All costs of inspection shall be borne by the property owner.

• Installation and Forfeitures. All work, be it installations, modifications, reconnections or abandonment’s to the system shall be performed by a licensed plumber or licensed utility contractor approved by the District. A Licenses & Permits Bond in the amount of $10,000 shall be provided by the installer. Any person in violation of making a connection without a permit shall be subject to immediate imposition of forfeiture as set forth in this subsection 5.4 and shall disconnect the connection until the proper permits are received and District Inspections are made. The cost of disconnection shall be charged in addition to any forfeiture imposed for violation of the ordinance. Not withstanding any other provisions of this ordinance a forfeiture of $1,000 shall be imposed upon any person in violation of this subsection 5.4. A second violation by the same person or party will result in a forfeiture of $2,500 Additional and subsequent violations will result in a forfeiture increasing in $1,000 increments. All costs of prosecution and reasonable attorneys’ fees shall be added to all forfeitures imposed under this subsection 5.4.

• Lateral Permits. After sewer lateral connections have been introduced into any building or upon any premises, no person shall make any alterations, extensions, or attachments, unless the party ordering such connecting or other work shall exhibit the proper permit for the same from the Commission after submitting an application for Commission review and approval before work can be commenced. Upon discovery of any illegal connection the Commission can determine actions and penalties to bring the user into compliance.

• User to Keep in Repair.
All users shall keep their own service pipes and interior plumbing in good repair and protected
from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the
sewer system due to intrusion of clear water. Any repair costs shall be borne by the user up to and
including connections up to the property line. The Sanitary District reserves the right to, upon
proper notification, inspect private service pipes and interior plumbing for illegal connections. In
the event illegal connections are discovered, the district shall notify the owner and require the
removal of the illegal connection. Repair of the illegal connection shall be completed within 30
days or the District may cause the repair and charge the owner for the repair. Notwithstanding any
other provisions of this ordinance forfeiture of $1,000 may be imposed upon any person in
violation of subsection 5.4. A second violation by the same person or party will result in a
forfeiture of $2,500. Additional and subsequent violations will result in a forfeiture increasing in
$1,000 increments. All costs of prosecution and reasonable attorney’s fees shall be added to all
forfeitures imposed under subsection 5.4.

• User to Permit Inspection. Every user shall permit the Commission, or their 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; and they must at all times, truthfully and without concealment, answer all questions put to them relative to its use.

• System Responsibilities. It is expressly stipulated that no claim shall be made against the District or the Commission by reason of the breaking, clogging, stoppage, backup, 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. The right is hereby reserved to regulate service at any time for the purpose of maintenance of the system.

5.5 Excavations.

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 and that will not obstruct passage of water in any adjacent ditches.

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 excavation.

C. In refilling the opening, after the service pipes are laid, the earth must be laid in layers of not more than nine inches in depth, and each layer mechanically compacted to prevent settling. All work, together with the replacing of curbs, culverts, ditching grades, reseeding and other restoration shall be done so as to make the disturbed area at least as good as before it was disturbed, and satisfactory to the District.

5.6 New Connections to Mains. Only qualified contractors authorized by permit issued by the District may create new connections to the District’s sewer mains. The kind and size of the connection with the main shall be specified in the permit. New connections shall be accomplished by installing a factory manufactured wye fitting into the main. Tapping the main will not be permitted. Building sewers shall not be connected directly into a manhole, except as specifically designated and approved by the District in writing prior to such connection or as specifically designated as part of the approved design of the system. No main connection may be made without prior notification to the District or its representative of the date and time that such work is to commence.

5.7 Installation Standards. Building sewer size, gradient, installation and materials used shall conform to relevant requirements of the Wisconsin Administration Code, the State Department of Natural Resources, Fond du Lac County ordinances and regulations, rules and regulations of the District and the “DETAILED SPECIFICATIONS FOR SEWER CONSTRUCTION” AND “SPECIFICATIONS FOR SEWER MANHOLES” referenced in the Fond du Lac Area Wastewater Agreement Technical Guidance Manual Section 2, at the time of construction.. Only approved pipe materials and joints will be allowed. The foregoing notwithstanding, all lateral installations shall utilize, as a minimum material standard, Schedule 40 PVC pipe. A ten (10) foot clay barrier shall be constructed as part of the lateral installation to prevent infiltration back into the building. Existing building sewer materials will be allowed for extension only if the material and joints meet current requirements as determined by inspection and testing. If unapproved material had been used in the past, the entire line shall be replaced with acceptable material. All sewers shall be tested in accordance with relevant Code requirements.

SECTION 6. FUTURE SEWER EXTENSIONS

6.1 Connections to Existing System.

A Refusal to Serve. The District shall have no liability to furnish sewer service at District expense to any building or property from which sewage will not flow by gravity to the sewer system, for which construction problems would be unusual or burdensome, for which the cost of an extension of mains appears to be not economically feasible, or for which case the public convenience and necessity may be in question. The District may also decline to serve an applicant if, in the District’s judgment, the District does not have adequate facilities to render the service.

B Future Extensions by the District. Whenever an extension of the sanitary sewer
system is considered necessary by the District, the District may, at its own discretion, construct the same in accordance with the following provisions: The District shall cause a preliminary engineering survey to be made to determine the most practical location of the sewer to be constructed, the estimated costs thereof, and the prospective number of immediate and potential customers to be served thereby. Prior to the approval of a sewer extension by the District, the District shall notify all affected parties. The affected parties will be invited to a public meeting to discuss the merits of the project.

C Future Sewer Extensions by Others. This Section applies to all future connections that require extension of the public sanitary sewer main. In addition to all other applicable statutory, code or ordinance requirements, any property owner or developer requesting an extension of the public sanitary sewer main shall comply with the following requirements.

a) No sewer extension shall be permitted without the written consent of the Commission.

b) Prior to the design and construction of the sewer extension, the party requesting the sewer extension shall submit an approved final plat or certified survey map of the lands to be served by a sanitary sewer, together with a certification from the appropriate town and county zoning officials that the land is zoned for the proposed use, to the District.

c) The District’s contracted sanitary sewer design engineering consultant or licensed sanitary sewer design engineering consultant contracted by the property’s owner/developer and approved by the District Commission will design the sewer extension. As applicable, bids for design, construction, construction management and inspection shall be let by the District in compliance with state law and a contractor selected accordingly. Projects let by the District shall engage the District’s sanitary sewer design engineering consultant for performance of construction staking and ongoing project inspection. Projects with design and construction contracts let by the property owner/developer will be inspected and approved by the District’s sanitary sewer design engineering consultant, consultant’s staff and/or sanitary District’s staff. The costs of or related to inspection and approval of projects let by the owner/developer are the sole responsibility of the owner/developer.

d) Except as provided in Subsections (f) and (g) below, the Developer shall construct the sewer main and laterals in accordance with District standards as directed by the Commission. The Developer shall pay the entire cost of the project, including the cost of any engineering review,
inspection fees and legal fees incurred by the District. Any unpaid special assessments shall be paid in full prior to the District granting construction approval.

e) The Developer shall extend the sewer extension all the way to the adjoining property or provide sewer and/or road right-of-way as directed by the Commission.

f) In the event a proposed development requires a lift station and/or the extension of a sewer main traversing intervening properties, the Developer or Developers shall pay the entire estimated cost of that portion of the project to the District prior to the commencement of the project. The District shall then adopt a preliminary resolution to levy a special assessment against the other benefiting property and advertise for bids. Upon receiving the bids, the Developer or Developers shall meet with the Commission and mutually agree as to whether or not to proceed with the project. If it is agreed to proceed with the project, the District shall award the contracts and complete the special assessment. If and when special assessments are collected, the District shall reimburse the Developers proportionately with their payments. The Developer shall pay the District within ten (10) days of billing for any and all costs incurred by the District relating to the project or any cost overruns.

g) All costs related to the design, construction and acceptance by the District of the sewer extension, including but not limited to, construction costs, engineering, accounting, project management, permits, accounting, legal, and inspection fees, shall be borne by the party requesting the extension and/or property owner/developer. For extension projects let by the District, the party requesting the extension shall establish a funded escrow account, or other security mechanism approved by the District, in an amount equal to 125% of the estimated amount of the total costs of the extension. The escrow account or other security established shall permit the District to withdraw funds to pay for the costs of the extension, at such times as the District deems necessary and appropriate. The escrow account shall remain in effect until the development roads are completed including final bituminous surfaces. For extension projects let by the property owner/developer, all costs related to the design, construction and acceptance by the District of the sewer extension, including but not limited to, construction costs, engineering, engineering review, sewer availability fees, project management, permits, accounting, legal, and inspection fees, shall be borne by the party requesting the extension and/or property owner/developer. For extension projects let by the property owner/developer, the party requesting the extension must show financial responsibility illustrating their ability to complete the construction of the requested sewer extension or shall establish a funded escrow account, or other security mechanism approved by the District in an amount equal to 125% of the estimated amount of the total costs of the extension. The District’s access to the escrow is as noted above. Costs related to recovery of property of abandoned or incomplete projects will be the sole responsibility of the party requesting the extension or property owner/developer. Any damage to the existing sewer system during project finalization, road construction, or other phases of the extension caused by the construction contractor shall be rectified by the party requesting the extension, property owner/developer. Confirmation of project costs may be determined by an independent audit by and at the discretion of the District.

h) The party requesting the sewer extension shall be solely responsible for securing all required utility easements. All easements shall be recorded and in a form approved by the District prior to recording of the easements by the District.

i) Before determining to construct any sewer extension, the District shall cause notice to be given to owners of affected property that such extension will be considered at a public meeting at a time and place named in the notice and all persons at such meeting be given an opportunity to listen and comment concerning the proposed construction of such sewer. Approval by the District does not release the property owners from obtaining any or all necessary approvals as may be required by the Town of Taycheedah, Fond du Lac County or any other organization having jurisdiction of such construction.

(j) All extensions become property of the District upon final completion, certified inspection and connection to the District’s main. Upon acceptance, responsibility for the extension will remain with the District in accordance with provisions of this ordinance, other applicable local and/or state regulations and codes

SECTION 7. USE OF THE SYSTEM.

7.1 Normal Domestic Wastewater. Normal domestic wastewater means wastewater resulting from normal domestic activities, in which BOD, SS and P concentrations do not exceed normal concentrations of:

a) A five day, 20°C, BOD of not more than 290 mg/l.

b) A suspended solids content of not more than 345 mg/l.

c) A phosphorus concentration of not more than 13 mg/l.

7.2 Clear Water Prohibited. No person shall connect any roof drain, swimming pool, foundation drain, artesian well overflow, cistern overflow, sump pump, area drain, surface drain, floor drain, cooling water line, or any other type of drain line which would allow surface water, ground water, rain water, or any other type of unpolluted water to enter the sanitary sewer. Existing prohibited clear water connections shall be removed from the building sewer before connection to the sanitary district sewer system. Upon inspection, any person in violation of this requirement shall be subject to immediate imposition of a forfeiture as set forth in this subsection 7.2 and shall disconnect all sources of clear water from the sanitary sewer of clear water from the sanitary sewer system within 30 days from the date of written notice by the sanitary District or its designee. If any person fails to comply after the expiration of the time provided, the Sanitary District may cause disconnection to be made and charge the costs thereof as a special charge against the property. The costs of disconnection shall be charged in addition to any forfeiture imposed for violation of the ordinance. Notwithstanding any other provisions of this ordinance, a forfeiture of $500 shall be imposed upon any person in violation of this subsection 7.2. Each day that a violation continues shall be deemed a separate offense. If a second violation by the person or on the same property is found, a forfeiture of $1,000 shall be imposed. If a third violation is found, a forfeiture of $2,000 shall be imposed. All costs of prosecution and attorney’s fees shall be added to all forfeitures imposed under this subsection 7.2

7.3 Industrial Wastes. Any industrial wastes generated within the District service area may, at the District’s discretion, be metered, sampled and analyzed to assure compliance with the City of Fond du Lac requirements for waste discharged to the treatment plant. If wastes do not comply, pretreatment will be required to produce a waste acceptable to the City. Explosive, toxic, poisonous or corrosive waste or any waste which may be detrimental to personnel, sewer lines or equipment may not be discharged to the sanitary sewer. Any person causing or permitting such wastes to enter the system shall be responsible for any and all costs, surcharges or damages resulting from the discharge.

7.4 Discharge Discontinuance. If a user of the sewerage system discharges any substance therein which is deemed harmful to the operation of the sewerage system, such user shall be required to discontinue the discharge of such substance to the sewerage system, and shall be responsible for any and all costs, surcharges or damages resulting from the discharge.

7.5 Prohibited Discharges. In addition to all other discharges prohibited by this ordinance, no person shall discharge or cause to be discharged to the sanitary sewer system, any septage or holding tank waste, any substance which is flammable or explosive, nor any waste which could be toxic or poisonous to personnel or treatment processes. Waters with a pH lower than 5.5 or greater than 9.5, corrosive waste, waters with fats, wax or grease in concentrations greater than 100 mg/l,
and large substances capable of plugging sewers, swimming pool discharge, and water from springs, artesian wells or surface water shall be strictly prohibited. Any person causing or permitting such discharges to enter the system shall be responsible for any and all costs, surcharges or damages resulting from the discharge.

7.6 Compliance with 2000 Wastewater Agreement Between the City of Fond du Lac and the
Outlying Sewer Group Ordinances. All wastewater discharged to the District’s system shall comply with the requirements and provisions of the 2000 Wastewater Agreement between the City of Fond du Lac and the Outlying Sewer Group Ordinance, as amended from time to time.

7.7 Grease, Oil and Sand Interceptors. Grease, oil and sand interceptors shall be required when in the opinion of the Commission or its designee, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sands, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type and capacity approved by the Commission or its designee, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease, oil and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas tight and watertight. Where installed, all grease, oil, and sand interceptors shall be paid for and maintained by the owner, at his expense, in continuously efficient operation at all times.

SECTION 8. MISCELLANEOUS REGULATIONS.

8.1 Maintenances of Services. All sewer services within the Sanitary District boundaries, from the street or easement mainline to private property line or easement line will be maintained by the District without expense to the property owner (other than quarterly sewer service charges), except when they are damaged as a result of the negligence or carelessness on the part of the property owner, a tenant, or an agent of the owner, in which case they will be repaired at the expense of the property owner. All sewer services from the point of maintenance by the system to and throughout the premises of each property owner shall be maintained free of defective conditions, by and at the expense of the owner of the property. The cost of locating a sewer or lateral section problem by camera and other inspection techniques shall be borne by the District if the problem is identified in its portion of the sewer system, or the property owner if the problem is identified to be in their lateral section. If the property owner does not repair, within 24 hours, any break between the property line and the building, the service may be repaired by the District and the cost thereof shall be charged to the property owner. If the property owner does not reimburse the District for these costs within 30 days or receipt of written notice of the charges, the charge may be placed on the tax roll and collected as a special charge. Delinquent charges will include 1.5 % per month late fee.

8.2 Damage Recovery. The District shall have the right to recover, from any persons, company or corporation any expense including legal and other related expenses incurred by the District for the repair or replacement of any sewer pipe damaged in any manner by any person by the performance of any work under their control, or by any negligent act. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewerage works. Any person who intentionally, negligently or accidentally violates any provision of this ordinance shall be liable to the District and to any other user of the system for any expense, including legal and other costs, loss or damage incurred as a result of the violation, in addition to any liability for penalties or other charges which may be imposed or assessed under this ordinance.

8.3 Adoption of Other Rules. All the rules and regulations of the State Plumbing and State Building Codes, the building rules of the State Department of Commerce, and the provisions of Town, City of Fond du Lac and Fond du Lac County ordinances, insofar as they are applicable to the District or its operation, are hereby adopted and incorporated into this ordinance.

SECTION 9. VIOLATIONS AND PENALTIES.

9.1 Penalties. In addition to any and all other charges, damages or costs assessed under these ordinances, any person who violates any of the provisions of this ordinance or rules or regulations of the District or any other rules or regulations which are incorporated by reference, shall, upon conviction of a violation, be assessed a forfeiture not less than $500.00 nor more than $10,000.00 and costs of prosecution, including reasonable attorneys’ fees. Each day that a violation continues shall be deemed a separate offense. In addition the District shall have the right to seek any other relief, including but not limited to injunctive. In case of any violation, the said Commission furthermore, may declare any payment made for service by the party or parties committing such violations, to be forfeited, and the same shall thereupon be forfeited.


SECTION 10. VALIDITY AND EFFECTIVE DATE.

10.1 Validity. If any section, subsection, sentence, clause or phrase of this ordinance or resolution is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Commissioners hereby declare that it would have passed this ordinance and section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

10.2 Effective Date. This ordinance shall take effect and be in force from and after its approval and publication, as provided by law.


Adopted this 21st day of December,, 2009

Town of Taycheedah Sanitary District No. 1
Taycheedah Area Sanitary District

_____________________________________
Sigmund J. Tomkalski, President



ATTEST: __________________________
Karen Schwengels, Secretary






Town of Taycheedah
Fond du Lac County, Wisconsin
info@townoftaycheedah.com

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