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Johnsburg Sanitary District-Sewer Use Ordinance

ORDINANCE NO. 2003-1

AN ORDINANCE ESTABLISHING THE SEWER UTILITY OF THE JOHNSBURG SANITARY DISTRICT OF
FOND DU LAC COUNTY, WISCONSIN, AND ESTABLISHING SEWER RATES, RULES AND REGULATIONS CONCERNING THE GOVERNMENT THEREOF AND ALSO CONCERNING GOVERNMENT OF SEWER USERS, LICENSED PLUMBERS AND OTHER, AND PENALTIES. THE JOHNSBURG SANITARY DISTRICT OF
FOND DU LAC COUNTY, WISCONSIN, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.00

DEFINITIONS

The following definitions are applicable to this Ordinance:


1.01 Ammonia Nitrogen (NH3-N) shall mean one of the oxidation states of nitrogen, in which nitrogen is combined with hydrogen in molecular form as NH3 or in ionized form as NH4 and quantitative determination of ammonia nitrogen shall be made in accordance with procedures set forth in "Standard Methods."

1.02 Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at 20 Degrees Centigrade, expressed as milligrams per liter. Quantitative determination of BOD shall be made in accordance with procedures set forth in "Standard Methods."

1.03 Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

1.04 Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal beginning outside the inner face of the building wall.

1.05 Combined Sewer shall mean any sewer intended to serve as a sanitary sewer and a storm sewer.

1.06 Commercial User shall mean any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of construction, wholesale or retail trade, finance, insurance, real estate or services, and who discharges primarily normal domestic wastewater. This definition shall also include multi-family residences having three or more units served by a single water meter.

1.07 Compatible Pollutant shall mean biochemical oxygen demand, suspended solids, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES Permit for the publicly owned treatment works receiving the pollutants if such works was designed to treat such additional pollutants, and in part does remove such pollutants to a substantial degree.

1.08 Composite Sample (24 Hour) shall mean the combination of individual samples taken at intervals of not more than 1 hour.

1.09 Domestic Wastewater shall mean the combination of liquid on water on water carried wastes discharged from toilets and other sanitary plumbing facilities.

1.10 Easement shall mean an acquired legal right for the specific use of land owned by others.

1.11 Equivalent Domestic Unit (EDU) shall mean the base unit of usage for purposes of establishing sewer use charges. One EDU shall be defined as the average annual flow for a single family dwelling at 50,000 gallons per year of normal domestic strength wastewater.

1.12 Floatable Oil shall mean oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved treatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.

1.13 Flow Proportional Sample shall mean a sample taken that is proportional to the volume of flow during the sampling period.

1.14 Garbage shall mean the residue from the preparations cooking and dispensing of food, and from the handling, storage, and sale of food products and produce.

1.15 Grease shall mean a group of substances including fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils, and certain other non-fatty materials as analyzed in accordance with procedures set forth in "Standard Methods."

1.16 Incompatible Pollutants shall mean wastewater or septage with pollutants that will adversely affect or disrupt the wastewater treatment processes or effluent quality or sludge quality if discharged to a wastewater treatment facility.

1.17 Industrial User shall mean any user whose premises are used primarily for the conduct of a profit-oriented enterprise in the fields of manufacturing, transportation, communications, utilities, mining, agriculture, forestry or fishing.

1.18 Industrial Waste shall mean the wastewater from industrial process, trade, or business, as distinct from sanitary sewages including cooling water and the discharge from sewage pretreatment facilities.

1.19 Infiltration shall mean water unintentionally entering sanitary sewers, building drains, and building sewers from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.

1.20 Inflow shall mean the water discharged into the sanitary sewer, building drains and building sewers from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage.




1.21 Significant Industrial User shall mean an industrial or commercial facility that is a user of publicly owned treatment works and:

A. Has a waste discharge flow of 25,000 gallons or more per average workday;

B. Has a waste discharge flow greater than 5% of the flow, or greater than 5% of the BOD, TSS, TKN, or phosphorus of the design capacity of the wastewater treatment works;

C. Has in its waste, a toxic pollutant in toxic amounts as defined in Wisconsin Administrative Code Chapter NR 215; or

D. Has a waste which the District determines has, or in the case of a new source, will have a significant impact, either singly or in combination with other wastes on the publicly owned wastewater treatment works or on the quality of effluent from such facilities.

1.22 Normal Domestic Wastewater shall mean sanitary wastewater resulting from the range of normal domestic activities, in which BOD5, TSS phosphorus or ammonia nitrogen concentrations do not exceed normal concentrations of:

A. A five day, 20C, BOD5 concentration of nor more than 200 mg/l.

B. A total suspended solids (TSS) concentration of not more than 240 mg/l.

C. A phosphorus concentration of not more than 7 mg/l.

D. A total Kjeldahl nitrogen (TKN) concentration of not more than 40 mg/l.

1.23 Operation and Maintenance (O&M) Costs shall mean all costs associated with the operation and maintenance of the sewerage system, as well as the costs associated with periodic equipment replacement necessary for maintaining the capacity and performance of the sewerage system.

1.24 Parts Per Million shall mean a weight to weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.

1.25 Person shall mean any and all persons, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.

1.26 pH shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of the hydrogen-ions, in grams per liter of solution. Neutral water, for example, has a pH value of 7 and hydrogen-ion concentration of 10-7.

1.27 Phosphorus (P) shall mean total phosphorus in wastewater, which may be present in any of three principle forms: orthophosphate, polyphosphates, and organic phosphates. Quantitative determination of total phosphorus shall be made in accordance with procedures set forth in "Standard Methods."


1.28 Pretreatment shall mean an arrangement of devices and structures, for the preliminary treatment or processing of wastewater required to render such wastes acceptable for admission to the public sewers.

1.29 Public User shall mean any user whose premises are used for the conduct of the legislative, judicial, administrative, or regulatory activities of federal, state, local, or international units of government; government-owned educational facilities; government-owned health facilities; or government-owned recreational facilities. This does not include government-owned or operated business establishments.

1.30 Residential User shall mean any user whose premises are used primarily as a domicile for one or more persons and discharges only domestic wastes, but not including dwellings classified as Commercial User.

1.31 Wastewater Treatment Works shall mean, for the purposes of this Ordinance, the Wastewater Treatment Works owned and operated by the City of Fond du Lac.

1.32 Sanitary Sewer, also known as “Street Main” shall mean a sewer, other than a sewer lateral, that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

1.33 Septage shall mean scum, liquid, sludge or other waste from a septic tank, soil absorption field, holding tank, vault toilet or privy. This does not include the waste from a grease trap.

1.34 Sewer Lateral shall, unless otherwise indicated, mean the portion of system located between the property line and sanitary sewer.

1.35 Sewer User Charge shall mean a charge levied on users of the sewerage system for capital-related expenses, as well as operation and maintenance costs of said facilities.

1.36 Sewage Collection System shall mean a system of sanitary sewers owned, maintained, operated, and controlled by the District. The facilities which convey wastewater from individual structures, from private property to the public lateral sewer, or its equivalent, are specifically excluded from the definition, with the exception of pumping units and pressurized lines for individual structures or groups of structures when such units are owned and maintained by the District.

1.37 Sewerage System shall mean all District facilities for collecting, pumping, transporting, treating, and disposing of sewage, except plumbing inside and in connection with building served, and service pipes, from building to a sewer lateral.

1.38 Sewage shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions; together with any ground water, surface water, and storm water that may be present, but not intentionally admitted. Also referred to as "wastewater".


1.39 Shock shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation and shall adversely affect the system and/or performance of the wastewater treatment works. Also referred to as “Slug”.

1.40 Standard Methods shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

1.41 Storm Drain (sometimes termed "storm sewer") shall mean a drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source.

1.42 Stormwater shall mean not only stormwater (water from rain, snow, sleet, hail, flood or other natural cause) but also roof water, overflow water (from tank, cistern, well or sump) and other surface water. Stormwater does not include industrial and domestic wastewater.

1.43 Suspended Solids (TSS) shall mean total solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for Examination of Water and Wastewater" and is referred to as nonfilterable residue.

1.44 Toxic Substance shall mean any substance whether gaseous, liquid, or solid which when discharged to the system in sufficient quantities, interferes with any wastewater treatment process, or constitutes a hazard to human beings or animals, or inhibits aquatic life in the receiving stream of the effluent from the treatment facility.

1.45 Total Kjeldahl Nitrogen (TKN) shall mean the total of organic and ammonia nitrogen present in a wastewater sample. Determination of TKN shall be made in accordance with procedures set forth in Standard Methods.

1.46 District shall mean the Johnsburg Sanitary District.

1.47 User shall mean any person(s) discharging wastewater into the wastewater collection system.

1.48 Wastewater shall have the same meaning as “Sewage”.

1.49 Watercourse shall mean a natural or artificial channel for the passage of water, either continuously or intermittently.

1.50 Wisconsin Pollutant Discharge Elimination System (WPDES) Permit is a document issued by the Wisconsin State Department of Natural Resources (WDNR) which establishes effluent limitations and monitoring requirements for wastewater treatment works.





SECTION 2.00
POWERS



2.01 The management, operation, and control of the sewage system for the Johnsburg Sanitary District is vested in the Commission of said Johnsburg Sanitary District ("District"); all records, minutes and all written proceedings thereof shall be kept by the Secretary of the Johnsburg Sanitary District; the Treasurer of the Johnsburg Sanitary District shall keep all the financial records.

2.02 The District, acting by the Commission, shall have the power to construct sewer lines 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 sewerage 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 supervise 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, remodeling, or additions thereto.

2.03 Condemnation of Real Estate. Whenever any real estate or any easement therein, or use thereof, shall in the judgment of the Commission be necessary to the sewerage system; and whenever, for any cause, an agreement for the purchase thereof, cannot be made with the owner thereof, the Commission may proceed with all necessary steps to take such real estate, easement, or use by condemnation in accordance with Wisconsin Statutes and, if Federal Funds are used, the Uniform Relocation and Real Property Acquisition Policy Act of 1970 .

2.04 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 therewith, said sewer system, and all buildings, machinery, and fixtures pertaining thereto, shall be the property of said District.

SECTION 3.00
PURPOSE, INTENT AND EFFECT

The rules, regulations, and sewer rates enacted herein or pursuant hereto and as amended from
time-to-time by the District hereinafter set forth shall be considered a part of the contract with every person, company or corporation who is connected with the sewerage system of the District; and every such person, company, or corporation, by connecting with the sewerage system, shall be deemed to have consented to be bound thereby. Whenever any of said rules, regulations or rates, or such others as the said District may hereafter adopt are violated, the service may upon order of the Commission be shut off from the building or place of such violation and shall not be re-established except by order of the Commission , and on payment of all arrears, the expenses and established charges of shutting off and re-establishing, and such other terms as the Commission may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of such violation, the said Commission furthermore, may declare any payment made for the service by the party of parties committing such violation, to be forfeited, and the same shall thereupon by forfeited. The right is reserved to the District to change the said rules, regulations, and sewer rates from time to time as it may deem advisable; and to make special rates and contracts in all proper cases.

The District by accepting wastewater assumes all risk for treatment and meeting its WPDES permit but reserves the right to immediately discontinue acceptance of wastewater for operational and permit reasons; and

This Ordinance regulates the use of public and private sewers and drains, and the discharge of waters and wastes into the public sewerage system within the District. It provides for and explains the method used for levying and collecting sewage treatment service charges, sets uniform requirements for discharges into the sewage collection and treatment systems and enables the District to comply with administrative provisions, water quality requirements, toxic and pretreatment effluent standards, and other discharge criteria which are required or authorized by the State of Wisconsin or Federal law. Its intent is to derive the maximum public benefit by regulating the characteristics of wastewater discharged into the District sewerage system.

This Ordinance provides a means for determining sewage volumes, constituents and characteristics, the setting of charges and fees, and the issuing of permits to certain users. Revenues derived from the application of this Ordinance shall be used to defray the District’s costs of operating and maintaining adequate wastewater collection and treatment systems and to provide sufficient funds for capital outlay, debt service costs and capital improvements.

The charges and fees herein have been established pursuant to requirements of the Wisconsin Statutes. This Ordinance shall supersede any previous District’s Ordinance, Rules or Regulations; and shall repeal all parts thereof that may be inconsistent with this Ordinance and any applicable Statute, the State Statute shall be controlling.

SECTION 4.00

The following rules and regulations for the government of licensed plumbers, sewer users, and others, are hereby adopted and established:



4.01 Plumbers. No plumber, pipe fitter, or other person will be permitted to do any plumbing or pipe fitting work in connection with the sewer system without first receiving a license from the State of Wisconsin.

4.02 Users.

A. Application for Service/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. Application for permits to connect to the sanitary sewer shall be made in writing to the District Recording Secretary. Permit applications will be reviewed and approved by the Commissioners or the District Recording Secretary. Installation to be performed by a licensed plumber or licensed utility contractor approved by the District. A License and Permits Bond in the amount of $10,000 and a Certificate of Insurance covering General Liability shall be provided by the installer.

If the applicant is not the owner of the premises, the written consent of the owner must accompany the application. Persons connected to the sewerage system of the District are referred to herein as “Users.”

If it appears that the service applied for will not provide adequate service for the contemplated use, the Commission may reject the application. If the Commission shall approve the application, it shall issue a permit for services as shown on the application.

B. Tap Permits. After sewer connections have been introduced into any building or upon any premises, no plumber shall make any alterations, extensions, or attachments, unless the party ordering such tapping or other work shall exhibit this proper permit for the same from the District.

C. User to Keep in Repair. All users shall keep their own service pipes in good repair and protected from frost, at their own risk and expense, and shall prevent any unnecessary overburdening of the sewerage system.

D. User Use Only. No user shall allow others or other services to connect to the sewer system through his lateral.

E. User to Permit Inspection. Every user shall permit the District, 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, frankly and without concealment, answer all questions put to them relative to its use.

F. Utility Responsibility. No claim shall be made against the District or Commissioners by reason of the breaking, clogging, stoppage, or freezing of any service pipes; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary to shut off the sewer service to any user or within any area of the said District. The District shall, if practicable, give notice to each and every user within such affected area of the time when such service will be so shut off.

4.03 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.

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

C. 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 thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, curb and gutter, landscaping, base course and paving, must be done so as to return all areas affected to substantially the same condition as before the excavation, and satisfactory to the District. No opening of the streets for tapping the pipes will be permitted when the ground is frozen.

D. A permit from the Commission or other appropriate governmental body shall be obtained prior to excavating in any street, alley or other public way. Such permit shall be obtained and exhibited to the District before a connection permit will be issued.

4.04 Tapping the Mains.

A. A property owner must request a new lateral stub on the form prescribed by the District.

B. The engineers for the District shall decide the design of the lateral connection (cut in WYE or other). Pipes shall not be tapped within six inches of the joint, or within 24 inches of another lateral connection. All connections to existing sewer mains shall be made with a “cut-in” wye fitting with solid sleeve PVC connections to the existing mainline sewer.

C. The property owner shall solicit bids. If the property owner accepts a bid, an agreement between the property owner and the District shall be signed in a form prescribed by the District and the work shall be authorized by the Johnsburg Sanitary District. The work to be bid and directed by the District shall result in a lateral stub (from the sewer main to the edge of the easement or the property line, as applicable). The property owner shall be responsible for the balance of the work to install the full lateral, which may be done with the same contractor (additional permit required).

D. The contract between the Johnsburg Sanitary District and the Contractor shall be in the form prescribed by the District.

E. All work involved with the installation of new lateral stubs shall be performed pursuant to the specifications of the engineer for the District. District representative(s) shall inspect connection work which must be found acceptable by the District before the property owner will be allowed to begin use of the sanitary sewer.

F. All expenses, such as engineering, inspection(s), and legal fees, shall be charged to and paid by the property owner.

Amended January 30th, 2006

4.05 Installation of Building Sewers.

A. New connections to the wastewater collection system shall not be permitted if there is insufficient capacity in the wastewater treatment facility to adequately transport and/or treat, as required by the WPDES Permit, the additional wastewater anticipated to be received from such connections.

B. Building sewer size, gradient, installation and materials used shall conform to relevant requirements of the State of Wisconsin Administrative Code Chapter Comm 82, 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.

C. Per Chapter Comm 82, all private laterals must pass inspection prior to operation. The building sewer and/or private interceptor main sewer shall be inspected upon completion of placement of the pipe and before backfilling; and tested before or after backfilling. The applicant for the building sewer permit shall notify the District when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the District.

D. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the District, to meet all requirements for this Ordinance.

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

F. 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 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. 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.

4.06 Industrial Discharges.

A. If any waters or wastes are discharged, or proposed to be discharged, to the sewerage system, which waters or wastes contain substances or possess the characteristics enumerated in Section 6.03(C) and which, in the judgment of the District, may have deleterious effects upon the District’s sewerage system, that of any other municipality or the Wastewater Treatment Works, or which otherwise create a hazard to life, health, or constitute a public nuisance, the District or its designated agent may:

1) Reject the wastes;

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

3) Require a control over the quantities and rate of discharge;

4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges as provided for herein.

B. Within three months after passage of this Ordinance, firms discharging industrial wastes to a public sewer shall prepare and file with the District a report that shall include pertinent data relating to the quantity and characteristics of the wastes discharged to the wastewater works. Such information shall be provided as per Chapter NR 101 of the Wisconsin Administrative Code. Similarly, each person desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the District a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged.

C. The toxic pollutants subject to prohibition or regulation under this Article shall include, but need not be limited to, the list of toxic pollutants or combination of pollutants established by Section 307(a) of the Clean Water Act of 1977 and subsequent amendments. Effluent standards or prohibitions for discharge to the sanitary sewer shall also conform to the requirements for Section 307(A) and associated regulations.

D. Pretreatment standards for those pollutants which are determined not to be susceptible to treatment by the City of Fond du Lac or which would interfere with the operation of such works shall conform to the requirements and associated regulations of Section 307(b) of the Clean Water Act of 1977 and subsequent amendments. The primary source for such regulations shall be 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution.

4.07 Industrial Waste Sampling.

A. Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes. The determinations shall be made by the industry as often as may be deemed necessary by the District or its designated Agent. The District’s agents may monitor and duplicate all sampling and testing necessary to such determinations.

B. Each user discharging industrial wastes into a public sewer shall construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of the waste, including domestic wastewater.

Control manholes or access facilities shall be located and built in a manner acceptable to the District. If measuring devices are to be permanently installed, they shall be of a type acceptable to the District.

Control manholes, access facilities, and related equipment shall be installed by the user discharging the waste, at the user’s expense and shall be maintained by the user so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for installation of the control manholes or access facilities and related equipment shall be approved by the District prior to the beginning of construction.

C. Devices for measuring the volume of waste discharged may be required by the District if this volume cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned, and maintained by the discharger. A maintenance schedule must be accepted by the District. Following approval and installation, such meters may not be removed without the consent of the District.

D. Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the District.

E. Testing facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the District. Access to sampling locations shall be granted to the District or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.

F. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with "Standard Methods for the Examination of Water and Wastewater" and Chapters NR218 and NR219 of the Wisconsin Administrative Code. Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval by the District.

G. Determination of the character and concentration of the industrial wastes shall be made by the user discharging them, or his agent, as designated and required by the District. The District may also make its own analyses on the wastes and these determinations shall be binding as a basis for charges.

H. Where required, in the opinion of the District, to modify or eliminate wastes that are harmful to the structures, processes or operation of the wastewater treatment works, the person shall provide at his expense such preliminary treatment or processing facilities as may be determined required to render his wastes acceptable for admission to the public sewers.

I. Plans, specifications, and any other pertinent information relating to proposed flow equalizations, pretreatment, or processing facilities shall be submitted for review of the District prior to the start of their construction if the effluent from such facilities is to be discharged into the public sewers.

J. Grease, oil, and sand interceptors shall be provided when, in the opinion of the District, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters to dwelling units. All interceptors shall be of a type and capacity approved by the District, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the District. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.

K. Each year all industrial users shall submit a WDNR Industrial Permit Report to the District. Forms for this report will be furnished by the District.

SECTION 5.00
SEWER USER CHARGE SYSTEM



5.01 It shall be the policy of the District to obtain through a system of user charges as defined in this Section, sufficient revenues to pay the cost of:

A. The annual debt retirement payment on any bonded indebtedness;

B. Any required cash reserve account payment, and

C. Operation, maintenance and administrative costs for the sewerage system, including costs payable by the District to the City of Fond du Lac and other entities in connection with the treatment or transportation of wastewater, and including a replacement fund (i.e. a cash account to be used for future expenditures for obtaining or installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance of the sewerage system during the service life for which such system was designed and constructed),

D. The system shall assure that each user of the sewerage system pays a roughly proportionate share of the cost of such system.


5.02 User charges shall consist of:

A. A minimum quarterly billing which shall be sufficient to pay the annual debt retirement and Rural Utility Service USDA Reserve Account costs. Each user shall be charged one equal fractional share of these costs for each EDU assigned to the user; and

B. A unit price based on the number of EDUs assigned to the user under Section 5.04 as of January 1, of that year.

The unit price per user shall be sufficient to pay the annual cost of operation, maintenance and administration of the sewerage system, including costs payable by the District to the City of Fond du Lac and other entities in connection with the transportation or treatment of wastewater. Nothing herein shall prevent the District from imposing a general tax levy under sec. 60.77(6) of the Wisconsin Statutes.

5.03 For the purpose of this Section 5.00, each residence shall be deemed to generate one EDU annually (.25 EDUs quarterly). Duplexes shall be deemed to generate two EDUs annually (.5 EDUs quarterly). The Commissioners shall determine the sewer use charge for all other sewer users on a case-by-case basis. The District reserves the right to require any user to install at the user’s cost a wastewater flow meter for the purpose of determining a fair and equitable sewer use charge.

The user charges, and this Ordinance, shall be reviewed not less than biannually. Such review shall be performed by the Commission and the District Treasurer. User charges shall be adjusted, as required, to reflect actual number and classification of users and actual costs.


5.04
A. All charges for sewerage service shall be made quarterly and shall be payable on the last day of January, April, July, and October in each year. A one and one-half percent (1.5%) monthly penalty will be added to those bills not paid on or before the 1st day after the due date of the bill. A failure to receive a bill shall not excuse nonpayment. Sewerage service charges shall be a lien on the property served in accordance with Section 66.0821(4)(d), as amended, of the Wisconsin Statutes.

B. The user charge shall apply to all users including users with sewered buildings which may be unoccupied for extended periods of time. If a sewered building is entirely and continuously unoccupied for a period of six months, the user may apply to the District for a rate reduction applicable for as long as the building remains unoccupied. The minimum rate any user shall pay shall be equal to the debt retirement portion of the user charge for a single EDU.

C. The user charge for new construction shall be initiated upon connection to the system.

Subsection C. revised July 5th, 2005.

5.05 Nothing herein shall be construed as to require the Commissioners of the District to segregate revenues received from a particular user classification. The Commissioners shall have discretion to apply all revenues as they see fit, provided that the requirements of the lending agency are complied with.

5.06 The User Charge System takes precedence over pre-existing agreements.






SECTION 6.00
MISCELLANEOUS RULES AND REGULATIONS



6.01 Mandatory Connection.

A. 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.

B. Failure to connect to the sewer system is contrary to the minimum health standards of said District and endangers the public health, comfort, and safety of said District.

C. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the property owner. The Owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

6.02 Maintenance of Services.

A. The District shall maintain sewer service within the limits of the District from the street main to the property line and including all controls between the same, without expenses to the property owner, except when they are damaged as a result of negligence or carelessness on the part of the property owner, 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 District to and throughout the premises must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property.

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

6.03 Penalty for Improper Use.

A. It shall be unlawful for any person to willfully injure the sewerage system, or any building, machinery, or fixture pertaining thereto, or to willfully and without authority of the District or its authorized agents, bore or otherwise cause to leak, any tunnel, aqueduct, reservoir, pipe or other thing used in the system for holding, conveying, or collecting sewage.

B. It shall be unlawful for any person to introduce sewage into the system which has a BOD in excess of 200 mg/l or total suspended solids concentration of over 240 mg/l or phosphorous in excess of 7 mg/l (normal domestic sewage) without written authorization from the District. Where such discharges are allowed by the District, a surcharge shall be applied based on the excess of BOD or suspended solids at a rate of $0.40/pound. The District reserves the right to test the sewage at any point within the connection system of the user or consumer. A user may not use dilution as a means to achieve a lower concentration of BOD or suspended solids. Discharge of toxic pollutants to the sewerage system is prohibited. Users who unlawfully discharge toxic pollutants shall pay for any increased O&M or replacement costs caused by the toxic pollutants and shall pay any applicable forfeitures and penalties.

C. No user shall discharge or cause to be discharged any of the following described liquids or solid wastes to any sanitary sewer:

1) Any storm water, surface water, ground water, sump pump discharge, roof run-off or surface drainage.

2) Any gasoline, benzene, Naphtha, fuel oil, or other petroleum distillate, flammable or explosive liquid, solid or gas.


3) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feather, tar, paint, mineral spirits, plastics, wood, paunch manure, or any other solid or sticky substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage works.

4) Any water or wastes containing a toxic or poisonous substance in sufficient quantity or injure or interfere with any sewage treatment process, constituting a hazard to humans and animals or create any hazard in the receiving treatment facility.

5) Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant.

6) Any noxious or malodorous gas or substance capable of creating a public nuisance.

7) Any garbage that has not been properly shredded.

8) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.

9) Any water or wastes which may contain more than 100 parts par million by weight of fat, oil, or grease.

10) Any water or ashes having pH lower than 5.5 or higher than 9.0 having any corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

11) Septage or holding tank waste.

12) No wastewater regardless of character shall be discharged to the sewerage system in such a manner as to interfere with the designed operation of the collection system or City of Fond du Lac wastewater treatment works, or to cause the wastewater treatment works to exceed the limits established by the WPDES Permit.

13) No statement contained in this article shall be construed as prohibiting any special agreement between the District and any person whereby an industrial waste of unusual strength or character may be admitted to the sewerage system, either before or after pretreatment, provided that no damage or substantial risk of damage is incurred by reason of the admission of such wastes and no extra costs are incurred by the District without recompense by the person; further provided that all rates and provisions set forth in this Ordinance are recognized and adhered to.

6.04 Damage Recovery. In addition to any other penalty provided by this Ordinance or other law, the District shall have the right of recovery from any responsible persons of any expense incurred by the District for penalties imposed on the District due to a violation of this Ordinance or other law, correction of conditions impairing the proper operation of the sewer system, and the repair or replacement of any sewer pipe or other property of the sewer system damaged in any manner by any negligent or intended act or omission by such person or by others under their control.

6.05 Penalties.

A. Any person who shall violate any of the provisions of this Ordinance or rules or regulations of the District; or who shall connect a service pipe without first having obtained a permit therefore; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Codes or any other materials which are incorporated within this Ordinance by reference, shall upon conviction thereof forfeit not less than $100.00 nor more than $1,000.00 and the costs of prosecution. Each day of the continuation of any violation shall constitute a separate violation which shall be subject to a separate forfeiture. This, however, shall not bar the District from enforcing the connection duties set out in Section 6.01 for mandatory connections. In addition, the District reserves the right to seek and obtain injunctive and other equitable relief for any violation.

B. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewerage system which causes damage to the sewerage system or the City of Fond du Lac wastewater treatment works and/or receiving body of water shall, in addition to a forfeiture, pay the actual damages caused thereby.

C. Any person violating any provision of this Ordinance shall become liable to the District for any expense, loss, or damage occasioned by reason of such violation which the District may suffer as a result thereof.

D. The District shall have the right to recover any expense incurred by the District for the repair or replacement of any property owned by the District damaged in any manner from the person responsible for such damage.

E. In addition to any other penalty provided by this Ordinance or other law, the District shall have the right of recovery from any responsible persons of any expense incurred by the District for: 1) penalties, damages, costs or injunctive relief imposed on the District due to a violation of this Ordinance or other law; 2) correction of conditions impairing the proper operation of the sewer system; or 3) the repair or replacement of any sewer pipe or other property of the sewer system damaged in any manner by any negligent or intended act or omission by such person or by others under their control. Any user discharging toxic pollutants shall pay for any increased operation, maintenance, and replacement costs caused by said discharge, in addition to any other charge or penalties provided herein.

6.06 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 sewerage system are hereby declared to be a public nuisance and a health hazard. From and after August 31, 2005, the use of septic tanks or any private sewage disposal system within the area of the District serviced by the sewerage system shall be prohibited. For the purpose of this subsection, “private sewage disposal system” shall not include holding tanks that are approved, installed, pumped and maintained by the District or at the expense of the District.


6.07 Vacating of Premises and Discontinuance of Service. Whenever premises served by the system are to be vacated, or whenever any person desires to discontinue service from the system; the District must be notified in writing. The owner of the premises shall be liable for any resulting damages to his property or to the property of the District other than through the fault of the District or its employees, representatives, or agents. Service may not be discontinued without the express, written approval of the Commissioners of the District.

6.08 Charges Are a Lien on Property. All sewer services, charges, and special assessments shall be a lien on the real property and improvements for which sewer services were supplied. All sums which have accrued during the preceding year and which are unpaid by the first day of November in any year shall be certified to the Clerk of the Town in which the land is located to be placed on the tax roll for collection as provided by Wisconsin Statutes.

6.09 Previous Ordinance, Rules, Regulations. This Ordinance shall supersede any previous sewer use ordinance, rules, or regulations, and shall repeal all parts thereof that may be inconsistent with this Ordinance and any applicable statute, the state statute shall be controlling.

6.10 Right of Entry. The District, or duly authorized representative of the District bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, testing, all in accordance with the provisions of this Ordinance. The District, or duly authorized representative of the District shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the sewerage system.

6.11 Identification, Right to Enter Easements. The District, and duly authorized representatives of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewerage system lying within said easement, all subject to the terms, if any, of the agreement.

6.12 Adoption of Other Rules. There are hereby adopted all the rules and regulations of the State Plumbing and State Building Codes and the building rules of the Department of Industry, Labors and Human Relations; and the Department of Natural Resources of the State of Wisconsin insofar as the same are applicable to the District. All extensions of the system will comply with administrative rules NR 108 and NR 110 of the Department of Natural Resources.

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

6.14 Procedures. Any users, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders, made by the District interpreting or implementing the provisions of the Ordinance or any permit issued hereunder, may file with the District a written request for reconsideration within 10 days setting forth in detail the facts supporting the user’s request for reconsideration. The District shall render a decision on the request for reconsideration to the user, permit application or permit holder in writing within 30
days of receipt of request.

A fee of $50.00 shall accompany any appeal to the District of a ruling. This fee may be refunded if the appeal is sustained in favor of the appellant. The fee shall be used to defray the costs of the review, including but not limited to fees and expenses incurred in consulting with the District’s engineers and agents, as well as administrative costs.

6.15.1 Amendment. The District, through its duly qualified officers, reserves the right to amend this Ordinance in part or in whole wherever it may deem necessary, but such right will be exercised only after due notice to all persons concerned and proper hearing on the proposed amendment.

6.20 Future Connections.

A. Connections to the Existing System. This Section 6.20(A) shall apply to all future connections made to the system initially constructed by and/or paid for by the District. 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 $9,000.00 per Equivalent Domestic Unit (EDU), which was the amount of the special assessment levied against each assessable lot at the time of the initial construction. This amount included $1,800.00 for building a lateral stub/riser to the property line or the easement line. The assessment, minus the lateral stub/riser cost ($9,000.00 - $1,800.00 = $7,200.00) will increase 4.5% each year through Year 2012 in accordance with the attached schedule. After 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.

B. New Connections requiring grinder pump service. The District shall determine when a gravity sewer extension or grinder pump service is necessary. The property owner shall be responsible for all costs associated with the design and installation of the grinder pump and appurtenances and the grinder pump services. The associated costs would include, but not be limited to, District’s engineer development of plans and specifications, any applicable permits, construction and construction inspection. Upon completion and acceptance of the grinder pump and force main, the District will assume ownership. The assessment, minus the lateral stub/riser cost ($9,000.00 - $1,800.00 = $7,200.00), will increase 4.5% each year through Year 2012 in accordance with the attached schedule. After 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.


C. Future sewer main extensions. This Section 6.02(C) 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.

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 and inspection fees, legal fees incurred by the District and any unpaid special assessments previously levied by the District.

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.

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 assessments. 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. Upon completion and acceptance of the sewer main extension, the District will assume ownership.

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, 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. All lots designed for building construction illustrated on the final plat or certified survey may 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 with the 4.5% per year increase through the Year 2012 as set forth on the schedule attached.

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.

Amended January 30th, 2006.

6.25 Assessments.

A. Special Assessments. Special assessments, as established on June 4th, 2003, shall increase 4.5% annually through Year 2012 as set forth in the attached schedule.

B. Deferred assessments. Deferred assessments, as established on June 4th, 2003, shall increase 4.5% annually through Year 2012 as set forth in the attached schedule.

C. Standby assessments. Standby assessments are due at the time of issuance of the connection permit and the connection permit fee is paid.

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

Amended January 30th, 2006.

SECTION 7.00
2000 WASTEWATER AGREEMENT

7.0 Effect of 2000 Wastewater Agreement. Inasmuch as the District is a party to the 2000 Wastewater Agreement (“the Agreement”), which became effective on January 1, 2000 and which regulates the transportation, metering, treatment and billing by the City of Fond du Lac for the treatment of sewage, including sewage generated and transported by the District, any provision of this Ordinance which is in conflict with any provision of the Agreement is hereby declared void and unenforceable to the extent of such conflict. The Agreement is hereby incorporated within this Ordinance to the extent that it is applicable to the operation and administration of the District and its property. In addition, the terms of all bond anticipation notes, bonds and other lending instruments and grants to which the District is a party are hereby incorporated within this Ordinance. The District, acting through the Commissioners and the District’s authorized agents are hereby empowered to take any and all actions required to comply with the Agreement and such lending instruments and grants.


Adopted at a regular meeting of the Commission of the Johnsburg Sanitary District, Fond du Lac County, Wisconsin, this 2nd day October, 2003.




SEAL _________________________________________
Franz L. Schmitz, President
Johnsburg Sanitary District
Fond du Lac County, Wisconsin

Attested:

____________________________________
Kenneth Schneider, Secretary
Clerk



Comprehensive revision adopted June 21st, 2004
Amendment to Section 5.04 adopted July 5th, 2005
Amendment to Section 4.04 adopted January 30th, 2006.
Amendment to Section 6.20 and 6.25 adopted January 30th, 2006.



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

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