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Taycheedah Sanitary District No. 3-Sewer Use Ordin

TOWN SANITARY DISTRICT #3 OF THE TOWN OF TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN

_____________________________



AN ORDINANCE ESTABLISHING THE SEWER UTILITY OF THE TOWN SANITARY DISTRICT #3 OF THE TOWN OF TAYCHEEDAH OF FOND DU LAC COUNTY


The Commission of the Town Sanitary District #3 of the Town of Taycheedah, Fond du Lac County, Wisconsin, does ordain as follows:



SECTION 1. CONTROL OF THE SEWER UTILITY

1.1 Control of the Sewer System. Control of the sewer system for the Town Sanitary District #3 of the Town of Taycheedah (“the District”) is vested in the Commission of the District. All records, minutes and all written proceedings thereof shall be kept by the Secretary of the District and the Treasurer of the District shall keep all financial records.

1.2 Powers of Commission. The sewer system utility of the District #3 shall have the power to construct sewer lines, lift stations and other sewerage transportation facilities for public use, and to lay sewer pipes in and through the alleys, streets and public grounds of the Sanitary 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 itself, their officers, agents and servants, to enter upon any land for the purpose of making examination or to supervise in the performance of their duties under this Ordinance, without liability therefor; and the Commission shall have the 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, replacements or additions thereto.

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

1.4 Title to Real Estate and Personalty. 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 the District.



SECTION 2. ASSESSMENTS

2.1 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 the time of connection. Assessment rates will be reviewed and adjusted periodically by the Commission in accordance with the provisions of this Ordinance.

Amended November, 2005


SECTION 3. USER RULES

3.1 User Rules and Regulations. The rules, regulations and sewer rates of the District set forth in this Ordinance or in the minutes of the meetings of the Commissioners 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 4. CONNECTIONS TO THE SEWER SYSTEM

4.1 Regulation of Plumbers. Any person 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.

4.2 Compliance With Plumbing Code. 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 and plumbing codes and applicable rules and regulations of the District.


4.3 Mandatory Connection to System. The owner of every building with installed plumbing fixtures and intended for human occupancy, in which there is public sewer service, shall be connected to the public sewer by means of individual connections or private interceptor mains not later than one (1) year after the date the system becomes operational. Before any parcel of land becomes occupied, the parcel shall be connected to the sewer system if the system is available to service the parcel. Prior to connection, a permit shall be obtained from the District. If any person fails to connect to the sewer system within the time required under this ordinance, the District may impose a penalty equal to 150 percent of the minimum quarterly user charge for each quarter until the connection is made. After a period of 6 months from the date connection should have been made, the District may cause the connection to be made and shall assess the costs of connection as a special charge against the property. If the property owner cannot pay the amount in one sum, he may, within 30 days after completion of the work, file a written option with the District so stating that he cannot pay the amount in one sum and asking that it be levied in not to exceed five (5) equal annual installments, and the amount shall be collected as a special assessment with interest at the rate of six (6) percent per year.

4.4 Permit Required. No person shall uncover, make any connections with, or disturb any sewer main or appurtenance thereof without first obtaining a written permit to do so from the District. Applications for permits to connect to the sanitary sewer shall be made in writing to the District Secretary or the District Inspector. Installation to 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 4.4 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 $500 shall be imposed upon any person in violation of this Subsection 4.4. A second violation by the same person or party will result in a forfeiture of $1,000. 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 4.4.

Subsection 4.4 revised by ordinance amendment adopted on October 27th, 2004.

4.5 Inspection. All individual house laterals and connections to the sanitary sewer shall be inspected by a plumbing inspector authorized by the District before the excavation is backfilled. All costs of inspection shall be borne by the property owner. The property owner or contractor shall notify the District or the inspector at least 48 hours prior to beginning excavation.


4.6 Installation. A separate and independent building sewer shall be provided for every individual residence or habitable building, unless otherwise permitted under applicable state and local plumbing and building codes. No user shall allow others or other services to connect to the sewer system through his lateral. All costs of installation and connection of the building sewer shall be borne by the property owner.

4.7 Installation Standards. Building sewer size, gradient, installation and materials used shall conform to relevant requirements of the Wisconsin Administrative Code, the State Department of Natural Resources, Fond du Lac County ordinances and regulations, and the rules and regulations of the District. 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.

4.8 Excavations. Earth or other materials removed in conjunction with street or right of way excavations required for connection of building laterals or service or repairs to the sewer system shall 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. All excavations shall be properly barricaded and warning lights shall be maintained at the excavation after dark. When trenches are refilled, each layer of fill deposited back into the excavation or trench shall be 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.

4.9 Tapping the Mains. Only qualified contractors authorized by permit issued by the District may tap the District's sewer mains. The kind and size of the connection with the main shall be specified in the permit. Pipes shall not be tapped within 18 inches of the joint, or within 24 inches of another lateral connection. Building sewers shall not be connected directly into a manhole, except as specifically approved by the District in writing prior to such connection or as specifically designated as part of the approved design of the system. No tapping, without prior notification to the District or its representative of the date and time that the work is to commence.

4.10 Clear Water Prohibited. No person shall connect any roof drain, foundation drain, 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. Any person in violation of this requirement shall be subject to immediate imposition of a forfeiture as set forth in this subsection 4.10 and shall disconnect all sources 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 forfeitures 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 4.10. 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 reasonable attorneys’ fees shall be added to all forfeitures imposed under this subsection 4.10.

4.11 Inspection. The applicant for the connection permit shall notify the District or its inspector when the building sewer is ready for inspection and connection to the public sewer. The building sewer shall be inspected by the District inspector prior to backfilling. The inspector shall also inspect the final connection of the building sewer to the public sewer. The applicant shall pay the costs of any additional inspections that may be required to ensure compliance with the requirements of this ordinance.

4.12 Maintenance/Repair. All sewer system users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense and shall prevent any unnecessary waste or water from overburdening of the sewer system. All expenses relating to the introduction of sewer into buildings or private premises, and connection with the sewer system, shall be paid by the applicant.

4.13 Vacation, Alteration or Destruction of Premises.

(a) Capping of Building Sewers Required. Whenever a building which is connected to the public sewer is wholly or partially destroyed, or otherwise rendered temporarily or permanently uninhabitable, or abandoned, the owner of the building shall notify the District or its designated representative within 3 days of the event. Within 7 days of the event, the building sewer connecting the building to the public sewer shall be capped and sealed, at the property line or easement line, so as to be watertight and so as to preclude any wastewater, surface water or debris from entering the sewage system. If the building is to be demolished, the building sewer shall be capped and sealed, at the property line or easement line, so as to be watertight prior to commencement of demolition.

(b) Inspection. No work to cap and seal the building sewer shall be commenced without prior notification to the District or its representative of the date and time that the work is to commence. A representative of the District shall be present to inspect the capping and sealing of the building sewer. The capping of the line shall be inspected by the District prior to any covering of the building sewer or the cap. The building sewer shall remain capped and sealed unless and until the building is rendered habitable, is reoccupied, or, in the case of demolition, a replacement structure is erected and is ready for occupancy. At such time, the building sewer may be reconnected to the public sewer, in accordance with the provisions and requirements of this ordinance for new connections, including but not limited to requirements for permits, payment of permit fees, and inspection. All costs and fees for inspection of the capping and sealing of the building sewer, and for any reconnection of the building sewer, shall be borne by the property owner. If the property owner does not pay the costs of inspection within 30 days of billing by the District, all such charges will be deemed a special charge and may be placed on the tax roll for collection.

(c) Adjustment To User Charges. Upon confirmation and inspection of the capped and sealed building sewer by the Sanitary District, only the treatment charge portion of the sewer user charge for the property will be discontinued, for such time as the building sewer remains capped and sealed in accordance with the requirements of this ordinance.

4.14 Authority of Inspectors. The inspector for the District or any other person authorized by the District and bearing proof of such, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this ordinance. Residents of the District shall at all times, frankly and without concealment, answer all questions put to them relevant to the sanitary sewer.

4.15 System Responsibility. 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. Whenever it shall become necessary to shut off the sewer service within any district of the District, the Commission shall, if practicable, give notice of the time when such service will be shut off to each and every user within said District.


SECTION 5. FUTURE CONNECTIONS

5.1 Connections to Existing System. This Section 5.1 shall apply to all future connections made to the system initially constructed by and/or paid for by the District. Lots that were vacant at the time of adoption of this ordinance and which received a partially deferred assessment shall pay the deferred assessment at the time of issuance of a connection permit. The deferred assessment will be increased in accordance with the appropriate schedule from the amended special assessments for each year after 2003 that said deferred assessment is not paid. Said deferred amount is increased each year after 2005 at the rate of 4.5% but capped in the Year 2012 with no increase thereafter. Properties subject to a standby assessment shall be assessed prior to connection to the system and the assessment shall be paid at the time of issuance of a connection permit. The amount of the assessment at the date of adoption of this ordinance was $11,000 per Residential Unit Equivalent (RUE), which was the amount of the special assessment levied against each assessable lot at the time of the initial construction. This amount included $2,200 for building a lateral stub/riser to the property line or the easement line. For assessments unpaid as of November, 2005, the assessment, minus the lateral stub/riser cost ($11,000 - $2,200 = $8,800) will be increased each year through the Year 2012 in accordance with the schedule attached to the amended special assessments which for the Year 2006 and thereafter, is an increase of 4.5%. After the Year 2012, no additional increase will be imposed. The unpaid assessment shall be paid in a lump sum at the time of the issuance of a connection permit. Finally, assessments deferred or standby assessments for properties connecting to the Ledge Road sewer main will be similarly increased by 4.5% per year through the Year 2012. (Schedules are attached to the amended report of engineer for the amended special assessment.) It shall be a condition of connection to the system that the property owner consent to the imposition of the assessment described in this section, without the need to hold a public hearing prior to the levy of the assessment. In addition to the assessment, all costs of connection of the building sewer to the public sewer main line shall be borne solely by the property owner. The property owner shall further pay all permit fees and inspection fees.

Amended November, 2005

5.2 Future Sewer Extensions. This Section 5.2 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) The party requesting the sewer extension shall submit an approved final plat or certified survey map for 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 prior to the design and construction of the sewer extension.

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

Amended November, 2005

(c) Except as provided in Subsections (e) 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 or inspection fees, legal fees incurred by the District and unpaid special assessments.

Amended November, 2005
(d) 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.

Amended November, 2005

(e) 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.

Amended November, 2005

(f) The District’s contracted sanitary sewer design engineering consultant or licensed sanitary sewer design engineering consultant contracted by the property’s owner/developer 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.

(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.

Amended November, 2005

(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) All lots designed for building construction illustrated on the final plat or certified survey map submitted to the District, that connect to the District’s sewer main, existing or in future plans, via the extension shall pay the special assessment/standby assessment imposed as a result of the amended special assessment in October/November, 2005, with the 4.5% per year increase through the Year 2012 as set forth on the schedules attached to the engineer’s report on amended special assessment.

Amended November, 2005

(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.

5.3 Connection to Sewer Extensions. In addition to all other applicable statutory, code or ordinance requirements, any property owner or developer requesting connection to an extension of the public sanitary sewer main shall comply with the following requirements.

(a) Each lot designed for building construction within a multi-lot development connecting to existing sewer main through an extension, let by the District or let by the property owner/developer, will be assessed a standby assessment of $3,970.00 in the Year 2003 and increased through the Year 2012 at a rate in 2006 and after of 4.5% per year in accordance with the incremental payments schedule attached to the engineer’s report for the amended special assessment in October/November, 2005.

Amended November, 2005

(b) Standby assessments are due at the time of issuance of the connection permit and the connection permit fee is paid. Standby assessments are the responsibility of the property owner at the time the connection permit is obtained.

Amended November, 2005

(c) Funds generated from the standby assessment exist solely for and shall be applied only to District debt reduction.

Amended November, 2005


SECTION 6. USER CHARGES

6.1 Sewer Service Rates. Premises shall be classified as residential, commercial and industrial. A residence shall be considered the basic unit of service for billing purposes. Each individual unit within multi-family buildings shall be classified as a single unit of service separate and distinct from other users. 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 at the beginning of the next quarter following the issuance of the connection permit, or upon actual occupancy of the property, whichever occurs first.

6.2 Service Charge Methodology. Each user and each user class shall pay its proportionate share of operation and maintenance, replacement, 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 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 except condominium units within one building, served by a single lateral; the first unit shall be charged one RUE, the second unit one-half RUE and any additional units, one RUE each but each unit will pay full sewer charges. If actual usage exceeds that RUE figure the service charge may be adjusted accordingly, in the sole discretion of the Commission. 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 waste). 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, divided equally among all users connected to the system in proportion to the number of RUEs assigned to each user.

Amended November, 2005

6.3 Billing Rule. Sewer service and all other charges provided for in this Ordinance shall be billed, as a minimum, at a quarterly basis. Payment of bills shall be due within 30 days after 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 (l ½%) percent per month on the unpaid balance, including penalties. Such penalty shall accrue starting with the 3lst day following the date of the bill. Unpaid sewer service bills shall be a lien upon the property receiving 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 reasonable attorneys’ fees. A charge of $50.00 shall be charged against accounts paid with a check returned to the District by the District’s financial institution due to insufficient funds in the payee’s account to cover the check.

Amended September, 2010

6.4 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 in addition to the tenant. Change of ownership or occupancy of premises delinquent under this ordinance shall not be cause for reduction or elimination of charges due.

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


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 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. No explosive, toxic, poisonous or corrosive waste or any waste which may be detrimental to personnel, sewer lines or equipment may 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.

7.3 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.

7.4 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 l00 mg/l, and large substances capable of plugging sewers shall be prohibited. 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.

7.5 Compliance with 2000 Wastewater Agreement Between the City of Fond du Lac and the Outlying Sewer Group Ordinance. 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.

7.6 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 Maintenance of Services. All sewer services within the corporate limits of the District 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 or 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 or occupant of the property. 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 will be placed on the tax roll and collected as a special charge.

8.2 Damage Recovery. The District shall have the right to recover, from all persons, any expense 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, 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 Septic Tanks Prohibited. The maintenance and use of septic tanks and other private sewage disposal systems within the area of the District serviced by its sewer system are hereby declared to be a public nuisance and a health hazard. From and after the date which is one (1) year from the date that the sewer system becomes operational, the use of septic tanks or any private sewage disposal system within the area of the District serviced by the sewerage system is prohibited.

8.4 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.

8.5 Inspection of Private Systems. All private systems located in the District, which are in use due to unavailability of the District's collection system, shall have the septic tank pumped and the entire system inspected by a properly licensed person or firm approved by the District not less frequently than every 3 years, and a report indicating the operating condition of the system filed with the District. Cost of private system inspection as described in this Subsection 8.5 is the responsibility of the private system owner. Not withstanding any other provisions of this ordinance, a forfeiture of $500 shall be imposed upon any person in violation of this Subsection 8.5. Each day that a violation continues shall be deemed a separate offense.


SECTION 9. VIOLATIONS AND PENALTIES

9.1 Penalties. In addition to any and all other charges, damages or costs assessed under this ordinance, 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 $100.00 nor more than $1,000.00 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.


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 22nd day of October, 2003.


Town of Taycheedah Sanitary District No. 3-
St. Peter Area Sanitary District

Michael H. Freund, President
John J. Rickert, Secretary
Adolph Schneider, Treasurer



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

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